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Minutes of Commissioners Meeting - April 13, 2011
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, 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 same to the Gazette-Leader, the Herald and The Press on November 29, 2010. 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. Cabrera, that Ordinance No. 1123 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. 1123 AN ORDINANCE AUTHORIZING THE BOROUGH OF WILDWOOD CREST TO CONTRACT WITH THE WILDWOOD CREST VOLUNTEER FIRE COMPANY NUMBER ONE, A/K/A WILDWOOD CREST VOLUNTEER FIRE COMPANY #1, PURSUANT TO THE PROVISIONS OF N.J.S.A. 40A:14-68 Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1123. Vote: Gould-Cabrera-Groon-Yes There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1123 be closed. Vote: Gould-Cabrera-Groon-Yes Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1123 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. 1124 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. 1124 AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, ARTICLE II, PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-8.2, CROSSWALKS AND SECTION 79-32.2, SCHEDULE IB; ARTICLE V, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTION, SECTION 79-15, STOP INTERSECTIONS DESIGNATED AND SECTION 79-39, SCHEDULE VIII; AND ARTICLE IX, TURN PROHIBITIONS, SECTION 79-27, PROHIBITED RIGHT TURNS ON RED SIGNAL AND SECTION 79-47, SCHEDULE XVI Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ord. No. 1124. Vote: Gould-Cabrera-Groon-Yes There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1124 be closed. Vote: Gould-Cabrera-Groon-Yes Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1124 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. 1125 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. 1125 AN
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 79, VEHICLE AND TRAFFIC,
ARTICLE II, PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING AND TIME
LIMIT PARKING, SECTION 79-3.1, PARKING RESTRICTED AT ALL TIMES, 79-32.1
SCHEDULE IA AND SECTION 79-7, HANDICAPPED PARKING Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1125. Vote: Gould-Cabrera-Groon-Yes There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1125 be closed. Vote: Gould-Cabrera-Groon-Yes Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1125 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. 1126 AN
ORDINANCE TO AMEND AND SUPPLEMENT SECTION 46-5.1, GROUP INSURANCE, OF
THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW
JERSEY, AND AMENDING ORDINANCE NO. 600 ADOPTED MARCH 19, 1985, ORDINANCE
NO. 866 ADOPTED FEBRUARY 23, 2000, ORDINANCE NO. 1082 ADOPTED NOVEMBER
23, 2009, AND ORDINANCE NO. 1114 ADOPTED NOVEMBER 22, 2010 Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1126 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 11, 2011 at 9:30 a.m. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 504-11 WHEREAS,
the Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has
established a recycling fund from which tonnage grant may be made to
municipalities in order to encourage local source separation and
recycling programs; and WHEREAS,
it is the intent and the spirit of the Mandatory Source Separation and
Recycling Act to use the tonnage grants to develop new municipal
recycling programs and to continue and to expand existing programs; and WHEREAS,
the New Jersey Department of Environmental Protection has promulgated
recycling regulations to implement the Mandatory Source Separation and
Recycling Act; and WHEREAS,
the recycling regulations impose on municipalities certain requirements
as a condition for applying for tonnage grants, including but not
limited to, making and keeping accurate, verifiable records of materials
collected and claimed by the municipality; and WHEREAS,
a resolution authorizing the Borough of Wildwood Crest to apply for the 2009
Recycling Tonnage Grant will memorialize the commitment of this
municipality to recycling and to indicate the assent of the Board of
Commissioners to the efforts undertaken by the municipality and the
requirements contained in the Recycling Act and recycling regulations;
and WHEREAS,
such a resolution should designate the individual authorized to ensure
the application is properly completed and timely filed. 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 that the
Borough of Wildwood Crest hereby endorses the submission of the
recycling tonnage grant application to the New Jersey Department of
Environmental Protection, and designates Joseph Bond, Recycling
Coordinator, to ensure that the application is properly filed; and BE
IT FURTHER RESOLVED that the monies received from the recycling tonnage
grant shall be deposited into an account to be used solely for the
purposes of recycling. Mr.
Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 505-11 RECYCLING
TAX IDENTIFICATION STATEMENT WHEREAS,
the Recycling Enhancement Act, P.L. 2007, chapter 311, has established a
recycling fund from which tonnage grants may be made to municipalities
in order to encourage local source separation and recycling programs;
and WHEREAS,
there is levied upon the owner or operator of every solid waste facility
(with certain exceptions) a recycling tax of $3.00 per ton on all solid
waste accepted for disposal or transfer at the solid waste facility; and WHEREAS,
whenever a municipality operates a municipal service system for solid
waste collection, or provides for regular solid waste collection service
under a contract awarded pursuant to the “Local Public Contracts
Law,” the amount of grant monies received by the municipality shall
not be less than the annual amount of recycling tax paid by the
municipality except that all grant monies received by the municipality
shall be expended only for its recycling program. NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, hereby certifies a
submission of expenditure for taxes paid pursuant to P.L. 2007, chapter
311, in 2010 in the amount of $12,790.44. Documentation supporting this
submission is available at 6101 Pacific Avenue, Wildwood Crest, New
Jersey 08260, and shall be maintained for no less than five (5) years
from this date. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 506-11 Authorizing
Sale of Surplus Property No Longer Needed For
Public Use on an Online Auction Website WHEREAS,
the Board of Commissioners has determined that the items listed on the
attached Schedule “A” is property no longer needed for public use;
and WHEREAS,
the State of New Jersey permits the sale of surplus property no longer
needed for public use through the use of an online auction service,
pursuant to the Local Unit Electronic Technology Pilot Program and Study
Act, P.L. 2001, c.30; and WHEREAS,
the Borough of Wildwood Crest has received authorization from the State
of New Jersey, Department of Community Affairs, Division of Local
Government Services, to conduct an online sale of property no longer
needed for public use; and WHEREAS,
the Borough of Wildwood Crest is in possession of the property listed in
Schedule “A,” attached to this Resolution, and desires to sell this
property online; 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 said
items are hereby declared surplus property, to be forthwith advertised
for public sale pursuant to the provisions of N.J.S.A. 40A:11-36; and BE
IT FURTHER RESOLVED that said materials shall be sold at a public sale
to the highest bidder through a contracted government on-line auction
service, GovDeals, Inc. There will be no minimum bid requirement for
these items, but the Borough of Wildwood Crest reserves the right to
reject any and all bids; and BE
IT FURTHER RESOLVED that a Notice of On-Going Public Sale of Surplus
Property be published one (1) time in The
Herald of Cape May County edition of April 20, 2011. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 507-11 Resolution
Authorizing the Borough of Wildwood Crest to Enter into an Agreement
with MWM, INC., M. W. Mitchell, Inc., and Michael Mitchell, Individually WHEREAS,
the Borough of Wildwood Crest and MWM, Inc., M. W. Mitchell, Inc., and
Michael Mitchell, Individually (hereinafter Developer/Owner), have
determined it to be in the best interest of both parties to execute a
written agreement that delineates certain rights and obligations of the
parties thereto concerning their respective interests; and WHEREAS,
Developer/Owner was the previous owner of real property located in the
Borough of Wildwood Crest known as 6100 Park Boulevard; and WHEREAS,
said premises have been conveyed by Developer/Owner to James G. Mikula;
and WHEREAS,
prior to the transfer of ownership by Developer/Owner, and as a
condition of the issuance of a CAFRA permit in accordance with a letter
of authorization dated February 9, 2009, Developer/Owner agreed to
improve the street-end at Rosemary Road, and the requirement to improve
said street-end was an obligation of Developer/Owner for public
pedestrian access to which the Borough agreed to allow by transfer of
obligation of Developer/Owner to the site known as Rosemary Road Park;
and WHEREAS,
the Borough of Wildwood Crest, by Resolution dated August 13, 2008,
approved the proposed plan of improvements and public access at the
Rosemary Road Park, which approval permitted Developer/Owner to transfer
its public access obligation from 6100 Park Boulevard to Rosemary Road
Park; and WHEREAS,
all costs associated with or incurred for the improvements were to be
borne by Developer/Owner, with no costs or expenses to the Borough of
Wildwood Crest, which costs were agreed to be $30,000; and WHEREAS,
Developer/Owner defaulted on the obligation to improve the street-end at
Rosemary Road Park and subsequently transferred the real property known
as 6100 Park Boulevard without complying with the obligation for pubic
pedestrian access; and WHEREAS,
Developer/Owner also caused damages to the bulkhead at the bay
street-end at Cardinal Road in the amount of $20,900, which damage was
to be repaired at the sole cost of and by Developer/Owner as set forth
in a notice which was received by Developer/Owner on April 7, 2008, and
which damage to date remains unrepaired; and WHEREAS,
the Borough of Wildwood Crest and Developer/Owner are desirous of
resolving these outstanding issues without further legal consequences. 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.
All of the statements of the preamble hereto are
incorporated herein by reference as
if the same were fully set forth. 2.
That the agreement to be executed by both parties, as a
result of all conditions set forth herein above, be and the same is
hereby approved. 3.
The Mayor and Borough Clerk be and they are hereby
authorized to execute the Agreement with MWM, Inc., M.W. Mitchell, Inc.,
and Michael Mitchell, Individually, for the resolution of issues between
the parties relative to matter as set forth above, a copy of which
Agreement is annexed hereto and incorporated herein as Exhibit “A.” Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 508-11 WHEREAS,
on
March
15, 2011
,
JASON
COLEMAN
,
153
Tomlin Ave.
,
Villas,
NJ 08251
, applied for a Special Events Permit for the purpose of
a
WEDDING
to be held on
June
18, 2011
,
from
2:00 p.m. to 5:00 p.m.
at the
Heather Rd. Beach Pier.
; and
WHEREAS,
JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251
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 he is hereby authorized and directed to issue a Special Events
Permit to JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251 for the purpose of a
WEDDING to be held on
June 18, 2011
,
from 2:00 p.m. to 5:00 p.m.
at
the Heather Rd. Beach Pier. Mr.
Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 509-11 WHEREAS,
on March
11, 2011
, MIDDLE
TWP. ELEMENTARY SCHOOL #2
, 101
W. Pacific Ave.
, Cape
May Court House, NJ 08210
, applied for a Special Events Permit for the purpose of a
BEACH DAY
to be held on June,
1, 2011
, from
9:30 a.m. to 2:00 p.m., with a rain date of June 2, 2011,
on
the beach at Rambler Rd.
; and
WHEREAS,
JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251 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 he is hereby authorized and directed to issue a Special Events
Permit to JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251 for the purpose of a
WEDDING to be held on June
18, 2011, from
2:00 p.m. to 5:00 p.m. at
the Heather Rd. Beach Pier. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 510-11 WHEREAS,
on March
14, 2011
, SANDMAN
SCHOOL
, 838
Seashore Rd.
, Cape
May, NJ 08204
, applied for a Special Events Permit for the purpose of a
SIXTH GRADE BEACH DAY
to be held on June
3, 2011
, from
7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2011
on
the beach at Rambler Rd.
; and
WHEREAS,
JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251 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 he is hereby authorized and directed to issue a Special Events
Permit to JASON
COLEMAN, 153
Tomlin Ave., Villas,
NJ 08251 for the purpose of a
WEDDING to be held on June
18, 2011, from
2:00 p.m. to 5:00 p.m. at
the Heather Rd. Beach Pier. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 511-11 WHEREAS,
SPENCER MASON, 24 Pleasant Street, Chester, CT 06412 was transported on
July 17, 2010 by the Borough of Wildwood Crest Ambulance Service; and WHEREAS,
SPENCER MASON was billed $500.00 for said service and submitted payment
in the amount of $500.00 to the Borough of Wildwood Crest; and WHEREAS,
SPENCER MASON’s insurance provider also made payment in the amount of
$353.63 to the Borough of Wildwood Crest for said services. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey that the Chief
Financial Officer be and is hereby authorized and directed to issue a
refund of $353.63 to SPENCER MASON, 24 Pleasant Street, Chester, CT
06412 for said duplicate payment. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 512-11 WHEREAS,
JOHN C. VANCE, 4121 Burns Road, Mechanicsburg, PA 17055 was transported
on June 7, 2010 by the Borough of Wildwood Crest Ambulance Service; and WHEREAS,
JOHN C. VANCE was billed $500.00 for said service and submitted payment
in the amount of $100.00 to the Borough of Wildwood Crest; and WHEREAS,
JOHN C. VANCE’s insurance provider also made payment in the amount of
$400.00 to the Borough of Wildwood Crest for said services. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey that the Chief
Financial Officer be and is hereby authorized and directed to issue a
refund of $100.00 to JOHN C. VANCE, 4121 Burns Road, Mechanicsburg, PA
17055 for said duplicate payment. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 513-11 SUBJECT:
A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER
1–FINAL AND ESTIMATE CERTIFICATE NUMBER 2-FINAL.
CONTRACT #1 = REMOVAL & REPLACEMENT OF AMBULANCE CORPS
BUILDING ROOF WHEREAS, Gen
II Contracting, Inc. of Clarksburg, New Jersey has satisfactorily
completed the contract for the project known as Contract #1 Removal
& Replacement of Ambulance Corps Building Roof; and WHEREAS, during
the course of completing the project, certain additions, as well as
framing/structural repairs were required as indicated on Change Order
Number 1 – FINAL, increasing the contract amount by $1,796.25; and WHEREAS,
the Contractor has now submitted the final Payment Request Number 2 –
FINAL on the project; and WHEREAS,
the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey
Associates has recommended acceptance of the project as complete. 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, that said Change Order Number 1 –
FINAL, increasing the total contract amount to $34,121.25 and Estimate
Certificate Number 2 – FINAL be and the same are hereby approved. AND BE IT FURTHER RESOLVED
that the contract for said work be, and the same is hereby accepted, and
that all payments to Gen II Contracting, Inc. be made thereon. Mr.
Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes THE
CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 514-11 Resolution
Urging the Swift Passage of A-3430,
A-3431, and A3432 WHEREAS,
injuries that occur on sidewalks
that abut commercial property are the responsibility of the commercial
property owner; and WHEREAS,
courts have ruled that injuries
that occur on sidewalks that abut residential property are not the
responsibility of the homeowner even when the homeowner is responsible
for the maintenance and repair of the sidewalk by municipal ordinance;
and WHEREAS,
courts have ruled that the
municipality, not the homeowner, is liable for accidents on defective
sidewalks notwithstanding the municipal ordinance; and WHEREAS, under
the provisions of Title 59, public entities are immune from injury
"caused solely by weather” on streets and sidewalks; and WHEREAS, despite
this language, in many cases municipalities and other public entities
still have been forced to pay large amounts of money in damages when
courts ruled that because other factors contributed to the accident, the
Title 59 immunity didn’t apply because the accident was not
“solely” caused by weather; and WHEREAS,
municipalities and other public
entities have also been forced to pay large amounts of money in damages
for accidents occurring on other public property that were substantially
caused by weather; and WHEREAS, also
under the provisions of Title 59, public entities are immune from
injury "caused by a condition of any unimproved public property,
including but not limited to any natural condition of any beach;” and WHEREAS, despite
this language, in many cases municipalities still have been forced to
pay large amounts of money in damages for claims by swimmers injured in
the ocean; and WHEREAS, public
entities have also incurred large costs in defending lawsuits by persons
injured while walking on municipal boardwalks; and WHEREAS, a
public entity should be immune from such a suit if it can demonstrate
that it was operating under an ongoing maintenance plan calling for
periodically reviewing and repairing the boardwalk; and WHEREAS,
Assemblyman Burzichelli has introduced a package of legislation, A-3430,
A-3431 and A-3432 to strengthen immunity from tort claims involving
weather, sidewalks, beaches, boardwalks and similar public properties; NOW,
THEREFORE BE IT RESOLVED by the Board of Commissioners of the
Borough of Wildwood Crest, County of Cape May, New Jersey,
THAT the Legislature is urged to pass A-3430, A-3431, and A-3432 to
strength municipalities’ immunity from tort claims.
BE
IT FURTHER RESOLVED, that a copy
of this Resolution be forwarded to the members of the New Jersey General
Assembly, the New Jersey State Senate, the Governor of State of New
Jersey and the New Jersey League of Municipalities. 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 and appearing in full on the following page, be
paid. Vote:
Gould-Cabrera-Groon-Yes With
regard to the Rambler Road Park Project, Mr. Cabrera stated that he had
provided revised plans to the governing body, and had requested that the
Engineer provide cost estimates to make the vacant lots into grass
fields with potential to add baseball fields. He indicated that the
costs would be in addition to the existing base bid for the Rambler Road
Park Project. After some discussion, it was decided to go with the plan
presented, together with the new parking plan and an upgrade of the
vacant lots with sod and irrigation, but not including any actual ball
fields. The final plan would require no additional funding. Mr. Groon
cautioned that the Borough had not received CAFRA permits for the
project. The
next matter for discussion was the Crest Pier roof renovations. The
Clerk indicated that the Engineer had presented updated cost estimates
and he had provided copies of same to the governing body. Mr.
Cabrera stated that the total costs would be $1.4 million to do the
entire project at one time. That would include removing the roof over
the gym and replacing it with a metal roof, replacing the flat roofs,
replace the flashing. The project would also include replacing the
mechanicals that are presently on the flat roofs. However, it does not
include solar panels. He added that phasing of the project would not be
recommended. His only suggestion would be to delay replacement of the
mechanicals. The Engineer was asked to provide a summary of the history
of the Crest Pier roof and why there are existing problems with the roof
since the building is only 20 years old. The Engineer stated that the
building has a series of several different types of roofs. The contract
utilized a cheap asphalt shingle that was poorly installed.
Additionally, the flashing work was less than standard. The flat roofs
do not have proper scuppers; wrong size gutters on the building; and
widespread leaks from the substandard work. He recommended doing the
entire project at once to avoid a patch work of jobs. He next addressed
the various remedies available. The Engineer was asked if the
environment for bidding at this time is positive or negative. The
Engineer responded that it is absolutely positive. After some
discussion, it was decided to go forward with the entire project. The
Engineer indicated that it was his opinion that the roof would not make
it through another winter and he would like to see the work completed
before the beginning of next winter. He was asked what the earliest
start date would be. He responded that it would be on or about September
1st. Mr. Cabrera asked if solar panels would be a possibility
given the potential energy credits to be derived. The Engineer responded
that based on the current energy audit and current energy usage, the
time to recoup the cost would be approximately nine years. Concerning
the volunteer boards and commissions, the suggestion was made to combine
the Planning and Zoning Boards. The matter has been discussed with both
boards for their input and there has been mixed reactions. The matter
will be further reviewed before any final determination is made by the
governing body. With
regard to the Boardwalk Bike Path Connector, the Solicitor circulated a
sample agreement between the Borough of Wildwood Crest and the City of
Wildwood which would enable the Borough to enter into a shared services
agreement on the project. The Clerk stated that it provided for a
commitment of not to exceed amount of $200,000. He added that there is
no mention as to where the funding source would be. Additionally, there
is no mention of a funding allocation for the portion of the agreement
that specifies that all preliminary engineering work would be the
responsibility of the Borough of Wildwood Crest. The response was that
the Borough’s exposure was limited to a certain amount, and it would
not matter which part of the project that would cover. The Clerk
reiterated the need for a funding source in advance of any approvals
being provided for the execution of the agreement. It
was reported that the Veterans’ Park Dedication would be scheduled in
the fall since a Memorial Day dedication was not feasible. In
regard to the UEZ, the Clerk reported that he had provided the governing
body with documents concerning the potential settlement reached, and as
recommended by the Solicitor. He asked for a motion/roll call vote to
authorize the final resolution of all outstanding matters regarding DeVito
v. Wildwood, et al with a total, required not to exceed contribution
from the Borough in the amount of $3,750. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing
authorization be approved. Vote:
Gould-Cabrera-Groon-Yes Nancy
Pietropaoli, 6002 Seaview Avenue, inquired as to the date of the budget
hearing. She was advised that it will be April 27, 2011. Ms. Pietropaoli
reminded the governing body that the school board election is that
evening. She was advised that the State had changed the school board
election and the Borough is not in a position to alter the meeting date
as the budget hearing must be held as advertised. There
being no further public comments, THE CLERK READ THE FOLLOWING
RESOLUTION BY TITLE ONLY: RESOLUTION
NO. 515-11 A RESOLUTION PROVIDING
FOR A CLOSED SESSION NOT OPEN TO THE PUBLIC IN
ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN
PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12 WHEREAS,
the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that a closed
session may be held for certain specified purposes when authorized by
Resolution adopted by the governing body; and WHEREAS,
it is necessary for the Board of Commissioners of the Borough of
Wildwood Crest to discuss in a session not open to the public certain
matters relating to the item or items authorized by N.J.S.A. 10:4-12b
and designated hereinbelow: __x__(5)
Matters Relating to the Purchase, Lease or Acquisition of Real Property
or the Investment of Public Funds:
Any matter involving the purchase, lease or acquisition of real
property with public funds, the setting of banking rates or investment
of public funds, where it could adversely affect the public interest if
discussion of such matters were disclosed. ___x__(7)
Matters Relating to Litigation, Negotiations and the Attorney-Client
Privilege: Any
pending or anticipated litigation or contract negotiation in which the
public body is, or may become a party.
Any matters falling within the attorney-client privilege, to the
extent that confidentiality is required in order for the attorney to
exercise his ethical duties as a lawyer. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, assembled in public session on the date of the
meeting date set forth hereinbelow, that a closed session shall be held
on for the discussion of matters relating to the specific items
designated above involving the Borough of Wildwood Crest.
The governing body shall convene a closed session discussion
immediately upon passage of this resolution and it is anticipated that
the deliberations conducted in closed session shall be disclosed to the
public upon conclusion of the matter and/or after determination of the
Board of Commissioners that the public interest will no longer be served
by such confidentiality and that the meeting will return to open session
at the conclusion of the discussion and formal action may be taken if/as
authorized. Mrs.
Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution
be adopted. Vote:
Gould-Cabrera-Groon-Yes The
Clerk indicated that the purpose of the closed session was specifically
for potential litigation involving beach permitting/replenishment
projects, as well as the potential acquisition of land for the County
Library. Upon
returning from closed session, there being no further matters for
discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the
meeting be adjourned. Vote:
Gould-Cabrera-Groon-Yes Dated:
April 27, 2011 |
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