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Minutes of Commissioners Meeting   -   April 15, 2015

Note:  Complete Meeting Appears on CD #08-15 on File in the Borough Clerk's Office. April 15, 2015
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

 

Gould – Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing and same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1214 be placed on second reading and final passage by title only.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1214

AN ORDINANCE AMENDING CHAPTER 56, RECREATION COMMISSION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, AND AMENDING ORDINANCE NO. 824 ADOPTED MARCH 12, 1997, ORDINANCE NO. 851 ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889 ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924 ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010, ORDINANCE NO. 1103 ADOPTED JULY 21, 2010, ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012, ORDINANCE NO. 1167 ADOPTED MAY 8, 2013, ORDINANCE NO. 1180 ADOPTED DECEMBER 11, 2013, ORDINANCE NO. 1181 ADOPTED DECEMBER 11, 2013, AND ORDINANCE NO. 1199 ADOPTED NOVEMBER 24, 2014.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1214.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1214 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1214 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1215 be placed on second reading and final passage by title only.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1215

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, ARTICLE V, BACKGROUND CHECKS FOR EMPLOYEES AND VOLUNTEERS, TO INCLUDE NEW SECTION 46-33, PAYMENT OF COST FOR BACKGROUND CHECKS, AND AMENDING ORDINANCE NO. 1001 ADOPTED FEBRUARY 22, 2006 AND ORDINANCE NO. 1201 ADOPTED JANUARY 7, 2015

 

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1215.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1215 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1215 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1216

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, ARTICLE V, BACKGROUND CHECKS FOR EMPLOYEES AND VOLUNTEERS, ADDING NEW SECTION 46-34, OPPORTUNITY TO COMPETE, AND AMENDING ORDINANCE NO. 1001 ADOPTED FEBRUARY 22, 2006, AND ORDINANCE NO. 1201 ADOPTED DECEMBER 23, 2014

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1216 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 29, 2015 at 9:30 a.m.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1217

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY

ORDINANCE,” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN

THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR

THE TIME AND METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1217 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 29, 2015 at 9:30 a.m.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 397-14

WHEREAS, bids have been received in response to advertisement of Notice to Bidders

published in The Herald issue of  March 25, 2015, for the following item:

 

Pacific Avenue ADA Compliant Curb Ramp Access Improvements; and

 

WHEREAS, Lexa Concrete, LLC, 11 Commerce Way Drive, Hammonton, New Jersey 08037, submitted the low bid in the amount of Four Hundred Eighty Seven Thousand Six Hundred Dollars and No Cents ($487,600.00); and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Lexa Concrete, LLC, 11 Commerce Way Drive, Hammonton, New Jersey 08037, for the base bid amount of Four Hundred Eighty Seven Thousand Six Hundred Dollars and No Cents ($487,600.00), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to Lexa Concrete, LLC, 11 Commerce Way Drive, Hammonton, New Jersey 08037, for the total bid amount of Four Hundred Eighty Seven Thousand Six Hundred Dollars and No Cents ($487,600.00).

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, as follows:

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, Lexa Concrete, LLC, 11 Commerce Way Drive, Hammonton, New Jersey 08037, for the total and complete project bid of Four Hundred Eighty Seven Thousand Six Hundred Dollars and No Cents ($487,600.00), and is subject to certification below as to the availability of funds by the Chief Financial Officer.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest.
  4. That the New Jersey Department of Community Affairs approves Lexa Concrete, LLC as the Contractor for said project and concurs with the award of contract.

 

ALICIA A. BELANSEN, CFO

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 398-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of April 22, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, May 12, 2015 AT 11:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

RECONSTRUCTION OF WEST BUTTERCUP ROAD

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 399-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of April 22, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, May 12, 2015 at 10:00 a.m., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

2015 Broyhill Load and Pack, or equivalent

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 400-14

WHEREAS, Megan Fasy, the part-time Tax Assessor of the Borough of Wildwood Crest,  resigned her employment with the Borough effective February 27, 2015; and

 

WHEREAS, the Borough of Wildwood Crest has determined that it is in the best interest of the Borough to continue the part-time status of the Tax Assessor position; and

 

WHEREAS, the Board of Commissioners has determined to ratify the appointment by Commissioner Joyce P. Gould of a candidate for the part-time position of Tax Assessor;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, as follows:

 

                1.             That the appointment of Kevin Maloney by Commissioner Joyce P. Gould be and the same is hereby confirmed and ratified commencing effective May 4, 2015, through the unexpired term of Megan Fasy of June 30, 2015, in accordance with the provisions of N.J.S.A. 40A:9-148.

 

                2.             That Kevin Maloney shall work on a part-time weekly basis each Wednesday and Friday, from 9:00 a.m. to 4:30 p.m., and at such other additional dates and times necessary to fulfill all statutory requirements of the position of Tax Assessor.

 

                3.             That Kevin Maloney shall be compensated at an annual salary as determined by the Commissioner of Revenue and Finance, in accordance with the provisions of the current salary ordinance of the Borough of Wildwood Crest. Due to the part-time nature of the position, health insurance benefits shall not be provided.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Mr. Cabrera asked if the resolution could be tabled until the next meeting on April 29, 2015 and Commissioner Gould responded: “no.”

Vote:          Gould –Groon – Yes       Cabrera – No

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 401-14

WHEREAS, the term of office of Kevin Maloney, part-time Tax Assessor of the Borough of Wildwood Crest,  shall expire June 30, 2015; and

 

WHEREAS, the Borough of Wildwood Crest has determined that it is in the best interest of the Borough to re-appoint Kevin Maloney to the part-time position of Tax Assessor position; and

 

WHEREAS, the Board of Commissioners has determined to ratify the appointment by Commissioner Joyce P. Gould of a candidate for the part-time position of Tax Assessor;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, as follows:

 

                1.             That the re-appointment of Kevin Maloney by Commissioner Joyce P. Gould be and the same is hereby confirmed and ratified commencing effective July 1, 2015, through June 30, 2019, in accordance with the provisions of N.J.S.A. 40A:9-148.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould –Groon – Yes       Cabrera – No

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 402-14

WHEREAS, the WILDWOOD CREST RESCUE CAREER EMPLOYEES, hereinafter known as UNION, has been certified as the representative of the “emergency medical technicians” of the Borough of Wildwood Crest, so designated and specifically included in the appropriate certificate of representation, under Docket No. RO-2005-088; and

 

WHEREAS, the bargaining team of said UNION and the management team of the Borough of Wildwood Crest have held multiple negotiation sessions and have reached agreement on all of the bargainable issues existing between the Borough and UNION which were, or could have been, the subject of negotiation; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to comply with Chapter 303, P.L. 1968 by formalizing an agreement to contain that which has been negotiated by and between both parties.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey as follows:

 

                1.             That the allegations of the preamble hereto are incorporated herein as if set forth in full.

 

                2.             The Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2015 through December 31, 2018, embodying all of the mutual terms, understandings and conditions involving the employment of all emergency medical technicians so included in UNION within the meaning of the act as more fully described in the certification of representation under Docket No. RO-2005-088; a copy of said agreement shall be placed on file in the Office of the Borough Clerk, mailed to PERC, and is incorporated herein by reference as if fully set forth.

 

                3.             This Resolution shall take effect as provided by law.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 403-14

WHEREAS, the Borough of Wildwood Crest is a member of the Atlantic County Municipal Joint Insurance Fund (ACMJIF); and

 

WHEREAS, said ACMJIF requires each participating municipality to appoint a Fund Commissioner, as well as an Alternate Fund Commissioner, to attend all executive meetings of the ACMJIF; and

 

WHEREAS, the current Alternate Fund Commissioner, Terence Graff, has left the employ of the Borough of Wildwood Crest effective February 21, 2015; and

 

WHEREAS, it is the desire of the governing body to appoint a replacement Alternate Fund Commissioner for the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that Patricia A. Feketics, Deputy Municipal Clerk of the Borough of Wildwood Crest, be and she is hereby appointed as Alternate Fund Commissioner of the Atlantic County Municipal Joint Insurance Fund on behalf of the Borough of Wildwood Crest.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Mr. Cabrera asked who the current Fund Commissioner is and the Borough Clerk indicated that she is the Fund Commissioner.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 404-14

WHEREAS, the Commissioner of Public Safety desires to appoint eight (8) Class II Police Officers for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Bianca DeLuca, Gordon Ellis, William Fitzpatrick, Ronald Frame, William Gianakopulos, Austin Parker, Nicholas Rojs, and Kevin Wright as Class II Police Officers for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Bianca DeLuca, Gordon Ellis, William Fitzpatrick, Ronald Frame, William Gianakopulos, Austin Parker, Nicholas Rojs, and Kevin Wright as Class II Police Officers.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

1.       The allegations of the preamble hereto are incorporated herein as if fully set forth.

2.       The appointment of Bianca DeLuca, Gordon Ellis, William Fitzpatrick, Ronald Frame, William Gianakopulos, Austin Parker, Nicholas Rojs, and Kevin Wright as Class II Police Officers effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

3.       That said unclassified appointments shall be “at-will,” at the pleasure of the Commissioner of Public Safety, and shall remain in full force and effect until further notice.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 405-14

WHEREAS, on November 5, 2014 , MOREY'S PIERS , 3501 Boardwalk , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of the WILD HALF MARATHON, 8K & 5K RACES   to be held on May 16 & 17, 2015 ,  from 7:30 a.m. to 11:00 a.m. on OCEAN AVE and the BIKE PATH ; and

                                                                                                                                                         

WHEREAS,  MOREY'S PIERS, 3501 Boardwalk, Wildwood, NJ 08260, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  MOREY'S PIERS , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the WILD HALF MARATHON, 8K & 5K RACES to be held on May 16 & 17, 2015 , from 7:30 a.m. to 11:00 a.m. on OCEAN AVE and the BIKE PATH.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 406-14

DESIGNATING FIRST FULL WEEK OF MAY EACH YEAR AS “COAST GUARD COMMUNITY WEEK” IN THE BOROUGH OF WILDWOOD CREST

 

WHEREAS, Cape May County is home to the “USCG Training Center Cape May” (“TRACEN”), which is the fifth largest Coast Guard base in the world and the nation’s only Coast Guard recruit training center, and which also houses tenant commands engaging in missions such as vessel support, participation in air/sea rescue, investigative services, communications and homeland security services; and

 

WHEREAS, after several levels of Coast Guard flag review and approval, and confirmation by the United States Congress, Cape May County has been awarded the designation of “Coast Guard Community,” a distinction awarded to only one other county in the United States; and

 

WHEREAS, the designation of “Coast Guard Community” will endure for five years, at which time it shall be reviewed by the Coast Guard to determine whether it should be renewed for another five-year term; and

 

WHEREAS, the Coast Guard’s involvement in Cape May County dates back over a century to that of its predecessor, the United States Life-Saving Service, with a significant ensuing presence in multiple towns throughout the County – ranging from the small life-saving stations that graced our coastlines before the advent of advanced search-and-rescue technologies, to the historic North Wildwood lighthouse tended for decades by Coast Guard keepers, to the Woodbine Uniform Distribution Center where uniforms and accessories such as service medals are shipped to Coast Guard bases around the world, to TRACEN’s massive modern presence on hundreds of acres of land and coastline, with a complement of more than 850 full-time military and civilian personnel and a graduation rate of more than 2,300 recruits yearly; and

 

WHEREAS, Coast Guard families have become an integral part of our County’s rich fabric as our family, our neighbors and our friends, participating in our interdependent “Cape economy” and engaging in daily activities that provide powerful steppingstones, as well as memories, for our futures; and

 

WHEREAS, the people of the Borough of Wildwood Crest desire to take all possible steps to acknowledge and protect the strength and enduring nature of these ties;

 

NOW, THEREFORE, BE IT RESOLVED, by the Commissioners of the Borough of Wildwood Crest, that beginning in 2015, the first full week of May each year shall be celebrated as “Coast Guard Community Week” in the Borough of Wildwood Crest. 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, be paid.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending March 31, 2015 be accepted as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes from Commission meetings held March 18, 2015 and April 1, 2015 be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor then opened with the Discussion of new business.  Having nothing listed, the Mayor asked if the Commissioners had anything to discuss regarding old business.  Commissioner Cabrera indicated that next week (April 22, 2015), there is a Special Meeting regarding branding.

 

The Mayor then opened the floor for public comments. 

 

Nancy Pietropaoli, 6002 Seaview Avenue, wanted to know if the library would be open the week before Memorial Day.  The Mayor indicated that he was not aware of a set date.  The Mayor added he would call and find out. 

 

Marie Nickerson, 8801 Bayview Drive, asked about the status of Topeka Avenue will be finished.  The Borough Engineer indicated there was an issue with the water services and the water utility has authorized to fix this and everything should be done in approximately 3 weeks.  Also, Marie Nickerson indicated that she would like to see a reduced speed at Pacific Avenue near the school.  The Mayor indicated that Mr. Eugene Taylor, the Public Safety Director, would look into this.

 

Tom Hunt, 210 E. Charleston Avenue, indicated that he would like to revisit overpayment to former Chief DePaul.  He asked that he would like clarification on the press release the Borough made after the last Commission Meeting on April 1, 2015.  The Mayor indicated he had nothing further to add to the press release.   Mr. Hunt then followed up with asking about a memo the former chief issued to the Mayor.  The Mayor indicated that he did not remember it the last time it was asked and indicated he could not find anything regarding a response and does not recall having a conversation about it.  Mr. Hunt then added that the press release indicated two attorneys reviewed it.   The Solicitor indicated the two attorneys that reviewed it were Mr. Blaney and Mr. Pepper (Labor Counsel) reviewed it.  Mr. Blaney, who was present for this meeting, then went on to state two attorneys from Mr. Pepper’s office reviewed it as well.  Mr. Blaney indicated they reviewed the retirement dates and the pension paperwork.  Mr. Blaney then stated he reviewed paperwork with the CFO to determine when the payout occurred and stated it appears the former chief went out on the 31st and paperwork supporting that and it never went through to the next year.   Mr. Blaney also indicated that he confirmed this with the former chief.  Mr. Blaney stated he was not moved into the first day of the next year and did not carry over a payroll day into the next year and his paperwork with Pensions listed his last day of work as the 31st of December.  Mr. Hunt then asked Mr. Blaney if he looked at the wording of the contract and he stated that he saw it.  Mr. Hunt stated his contract wording is very different from the superior officers and regular police officers.  Mr. Blaney stated that the Chiefs’ Association has a standard that they recommend to every member that is a Chief of Police to try to get from their municipality and he also stated that he did not do that contract.  Mr. Hunt further went on to say there was a lack of accountability for the former Chief with regard to time management.  Mr. Hunt posed a hypothetical scenario to which Mr. Blaney indicated he could answer.  Mr. Hunt then indicated that if and when the Fallon report is released, he would hope there will be a Public Meeting to discuss the results of that investigation.  He also wanted to know if anything has changed procedurally since the investigation and Mr. Blaney indicated that this question goes back to the Fallon report and what stems from that report and perhaps this could be answered in the future.  Mr. Hunt then asked the Mayor if Mr. Blaney will be requested to show up at the Borough meetings and Mr. Blaney indicated that today was free of charge and he also did not bill for the last meeting either.    Lastly, Mr. Hunt congratulated Lt. McGrath and the other officers on their upcoming promotions.

 

Michael Hawthorne, 102 East Preston Avenue, wanted it to be known that he handled the payroll and the time management when he served and he indicated when the police had an upgrade to their Enforsys (computer program) and it specifically helped with time management and he indicated that he proposed to the Chief at the time that time management should be taken out their hands and should be given to the CFO and he indicated that he was allegedly told to never bring it up again. 

 

Commissioner Gould introduced the Clerk’s husband at the meeting.

 

Mr. Blaney then made several comments regarding several prior meetings.  First, Mr. Blaney indicated that he looked into the former chief’s alleged overpayment along with two other attorneys from the office of the Labor Counsel.  They didn’t find anything with regard to that issue.  Additionally, Mr. Blaney indicated he was advised that on the former chief’s retirement there was a forfeiture of a significant amount of sick time.  Also, Mr. Blaney pointed out there was an allegation that during a settlement conference that he was constantly on the phone with Doreen Corino and that she was orchestrating the agreement and he stated that was not true; he indicated he called her once or twice because the other attorney asked to make changes to the agreement and he needed to get authority to do that with regard to that.  Also, there was a question about whether she was accurate with regard to her statements that she didn’t want to get into issues regarding the Paff vs. Cape May County Prosecutor’s litigation because Mr. Hawthorne was represented in that matter and he actually ordered a transcript of the hearing and she is accurate that he was represented in that matter, which is on page 4 of the transcript.  Mr. Blaney also stated there was a question whether the Solicitor was being honest about an order and a ruling with regard to that matter and he ordered the transcript of that as well and there is a ruling on that on page 69-70 that indicates they are not supposed to talk about the documents because “all of the documents are now within the jurisdiction of my court in this proceeding so if there is any pending documents, you can reference what happened here today saying the that judge is taking all these documents under advisement as part of his review in rendering a decision in this case and that nothing is going to be released except through this case” and that was the judge’s ruling on that day.  Mr. Blaney then stated there was question about the chief’s contract with callback pay for potential litigation and he looked into this and this was actually in the standardized chiefs’ contract and he believes it came out of revision from the former Chief of Wildwood because at the time he was leaving, there was on-going litigation and the potential for him being called back and he was the first to get that and the Chiefs’ Association repeatedly adds paragraphs when something new comes up and they distribute to the other chiefs.  There was also a question whether the Borough was delaying on anyone’s pension and he was contacted on that and as soon as that issue was raised, he got in touch with the CFO that very day and he confirmed nothing was being held up and the appropriate paperwork was filed.  There appeared to be an error with how they updated their computer system that led it to not indicate to when documents were sent. 

 

Michael Hawthorne, 102 E. Preston, asked Mr. Blaney since he made those comments in public, he should have the opportunity to address them.  Mr. Hawthorne pointed out that he didn’t think anyone ever claimed that the Solicitor was orchestrating his separation agreement; he believes there was a discrepancy of the statements if she was even called at all.  Mr. Blaney indicated that she was called.  Mr. Hawthorne believes she stated that she was not.  Mr. Hawthorne wanted clarification and Mr. Blaney stated the following:  “Ms. Corino asks: In the meantime your Honor, I should assume that the Borough can rightfully decline OPRA requests requesting the Fallon Investigation.”  “Yes, investigative report. Yes, because all of the documents are now within the jurisdiction of my court in this proceeding so if there is any pending documents, you can reference what happened here today saying the that judge is taking all these documents under advisement as part of his review in rendering a decision in this case and that nothing is going to be released except through this case.” 

 

Tom Hunt, 210 E. Charleston Avenue, with regard to the statement just read by Mr. Blaney, state that it could be taken in the context that it pertains to OPRA requests. He recalled the Solicitor had asked the Judge what to do if another OPRA request came through, and the Judge gave that response.  Mr. Blaney said that was correct and he went further to state that you can’t avoid the judge’s order by the Solicitor just telling people what is in documents and not handing them the documents.  That would be violating the court’s order.  The Solicitor responded in kind and the transcripts were clear that no one was to release any documents.  Mr. Hunt then wanted to clarify what Mr. Blaney stated about the former Chief giving up a substantial amount of sick time.  Mr. Blaney stated it was in his contract and also that there is a statute regarding monetary limitation and there is currently two schools of thought on this; one it applies to managers (not Chiefs) and there is another that it applies more broadly and has yet to be decided in court yet.          

 

Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.  The time was 7:55 p.m.

 

Vote:          Gould – Groon –    Yes

 

Dated: April 15, 2015

Janelle M. Holzmer, Borough Clerk

MINUTES OF MEETINGS INDEX