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Minutes of Commissioners Meeting - September 7, 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. THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 614-11 WHEREAS,
bids have been received in
response to advertisement of NOTICE TO BIDDERS published in The
Herald issue of June 29, 2011, for the following item: CONTRACT
#1 – REHABILITATION OF THE 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,” DELL-TECH,
INC., 930 New York Avenue, Trenton, New Jersey, 08638, for the total
lump sum bid of $1,284,000.00
base bid only, to perform all required work in conjunction with the
project described above; that said award is further conditioned upon
technical review by Ralph Petrella, Borough Engineer, as to compliance
with the bid specifications, along with the certification of
availability of funds below by the Chief Financial Officer; 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, 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 DELL-TECH, INC., 930 New York Avenue, Trenton, New Jersey, 08638,
for the total lump sum bid of $1,284,000.00
base bid only. NOW THEREFORE, BE IT RESOLVED,
by the Board of Commissioners of the Borough of Wildwood Crest, 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, DELL-TECH,
INC., 930 New York Avenue, Trenton, New Jersey, 08638, for the total
lump sum bid of $1,284,000.00
base bid only; all of which is subject to certification below by the
Chief Financial Officer as to the availability of funds. 3.
That the Mayor and Borough
Clerk be and they are hereby authorized and directed to execute and
attest said contract on behalf of the Borough provided necessary funds
are available. 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. 615-11 SUBJECT:
A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER
1–FINAL AND ESTIMATE CERTIFICATE NUMBER 5-FINAL.
WEST SIDE DRAINAGE IMPROVEMENTS, PHASE 1 WHEREAS, Asphalt
Paving Systems, Inc. of Hammonton, New Jersey has satisfactorily
completed the contract for the project known as West Side Drainage
Improvements, Phase 1; and WHEREAS, during
the course of completing the project, certain additions and reductions
were required as indicated on Change Order Number 1 – FINAL,
increasing the contract amount by $8,286.10; and WHEREAS,
the Contractor has now submitted the final Payment Request Number 5 –
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, AND BE IT FURTHER RESOLVED
that the contract for said work be, and the same is hereby accepted, and
that all payments to Asphalt Paving Systems, 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. 616-11 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 Cape May
County Herald issue of September 14, 2011. Sealed
bids will be received by the Purchasing Committee in the Municipal Court
Room, Wildwood Crest Borough Hall, on Tuesday,
September 27, 2011 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: STREET EXCAVATIONS TRENCH
RESTORATION
AS REQUIRED
IN THE BOROUGH OF WILDWOOD CREST
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. 617-11 Resolution:
Approval to submit a grant
application and execute a grant contract with the New Jersey Department
of Transportation for the NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, BE
IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to submit an electronic grant application identified as 00273
to the New Jersey Department of Transportation on behalf of the Borough
of Wildwood Crest. BE
IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to sign the grant agreement on behalf of the Borough of
Wildwood Crest and that their signature constitutes acceptance of the
terms and conditions of the grant agreement and approves the execution
of the grant agreement. 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. 618-11 Resolution:
Approval to submit a grant
application and execute a grant contract with the New Jersey Department
of Transportation Bikeway Grant Application for Bikepath Improvements
Between Lotus Road and Forget-Me-Not Road NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, BE
IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to submit an electronic grant application identified as 00038
to the New Jersey Department of Transportation on behalf of the Borough
of Wildwood Crest. BE
IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to sign the grant agreement on behalf of the Borough of
Wildwood Crest and that their signature constitutes acceptance of the
terms and conditions of the grant agreement and approves the execution
of the grant agreement. 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. 619-11 WHEREAS,
on August 25, 2011, NEW
JERSEY THUNDER MOTORSPORTS INC.
,
4101
Boardwalk, PO Box 1256
,
Wildwood,
NJ 08260
, applied for a Special Events Permit for
the purpose of a CAR
SHOW and M
OVIE to be held on
September
22, 2011
,
from
6:00 p.m. to 10:00 p.m.,
on
Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from
Cardinal Rd. to Wisteria Rd.
; and
WHEREAS,
NEW
JERSEY THUNDER MOTORSPORTS INC., 4101
Boardwalk, PO Box 1256, 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 he is hereby authorized and directed to issue a Special Events
Permit to NEW
JERSEY THUNDER MOTORSPORTS INC., 4101
Boardwalk, PO Box 1256, Wildwood,
NJ 08260 for the purpose of a
CAR SHOW and MOVIE to be
held on
September
22, 2011
,
from 6:00 p.m. to
10:00 p.m.,
on
Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from
Cardinal Rd. to Wisteria Rd. 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. 620-11 WHEREAS,
on September
1, 2011
, MELISSA
WICKHAM
, 7
Hawthorne Dr., Rio Grande, NJ 08242
, applied for a Special Events Permit for the purpose of a
WEDDING
to be held on September
21, 2011
, from
3:00 p.m. to 5:00 p.m.,
on
the Heather Rd. Beach Pier.
; and
WHEREAS,
4101
Boardwalk, PO Box 1256, 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 he is hereby authorized and directed to issue a Special Events
Permit to 4101
Boardwalk, PO Box 1256, Wildwood,
NJ 08260 for the purpose of a
CAR SHOW and M to be held on September
22, 2011, from
6:00 p.m. to 10:00 p.m., on
Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from
Cardinal Rd. to Wisteria Rd. Mr.
Cabrera motioned, seconded by Mrs. Gould, 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 which appear in full on the following page,
be paid. Vote:
Gould-Cabrera-Groon-Yes With
regard to the Borough e-mail policy, the Clerk reported that he had
provided the governing body with a draft policy on use of e-mail as
prepared by the Solicitor. He requested authorization to draft a
resolution to be considered by the governing body at their next meeting.
Mr. Groon stated that he was not interested in considering such a
resolution at this time. Mr. Cabrera expressed his desire. Mrs. Gould
requested that the Clerk draft such a resolution. Concerning
the NJDEP CAFRA permit, the Clerk inquired of the Engineer whether he
had received any additional information. He added that he had provided a
copy of the permit to all affected Borough departments and the governing
body. The Engineer responded that he had received the recorded permit
and would provide that to the Clerk. The Clerk inquired about the
conditions placed on the permit, and asked if they had been met. The
Engineer responded that there was a clarification on one item which has
been provided to NJDEP. Mr.
Cabrera reported, with regard to the Boardwalk bike path connector, that
they are waiting for Wildwood’s funding confirmation. The Clerk
inquired if it is intended that the funding from the Borough will come
from the UEZ funds that are available. Mr. Cabrera responded in the
affirmative. With
regard to the Phase 2 Rambler Road Park Project, the Clerk reported that
he had received from the Engineer, and provided copies to the governing
body, a redesign of the park as it concerns moving parking northerly of
the park area to relieve some of the congestion; as well as slight
modification as to where the playground will be situated. He indicated
that final authorization will need to be made to authorize the Engineer
to move forward accordingly if that is the wish of the governing body.
Mr. Groon inquired of the Engineer as to what success he has had with
the NJDEP regarding the permit. The Engineer responded that he had
spoken to a supervisor at NJDEP who acknowledged that they had received
the permit fee and they should be getting the okay “any day now” to
release the permit. The Clerk inquired of the governing body if,
contingent upon release of the permit by the NJDEP, if there was a
consensus to move forward based on the latest redesign plan dated
September 6, 2011. The Engineer interjected that the plan was intended
to show the maximum amount of parking available, and it could be
reduced. Mr. Cabrera summarized the discussion by stating that there had
been discussion to relocate the playground to the Primrose lot, as well
as discussion to add some parking. He indicated that the parking on the
September 6, 2011 plan is shown on the Regarding
the permitting issue, the Clerk suggested that contact be made with DEP
Commissioner Martin’s representative, the person at the NJDEP whose
information he had provided to the governing body and Borough Engineer,
and urge him to intervene in the permitting process. The Engineer added
that he has been receiving much more positive feedback from the Land Use
Division than normal. Mr.
Groon indicated that, with regard to the Capital Plan, in 2012 the
Capital is dedicated to “miscellaneous,” the following year is
dedicated to “side streets,” and the next year is dedicated to
“New Jersey Avenue.” He stated that the reason he was raising the
issue at this particular time was because of the piping of the MUA which
will entail obtaining cooperation from that entity. He added that he
would like to look at different forms of financing. It was his opinion
that the project will be similar in scope to There
being no public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY
TITLE ONLY: RESOLUTION
NO. 621-11 A RESOLUTION PROVIDING
FOR A CLOSED SESSION NOT OPEN TO THE PUBLIC IN
ACCORDANCE WITH THE PROVISIONS OF THE NEW 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. 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 stated that the purpose of the closed session was to discuss
potential acquisition of land as authorized by the Open Public Meetings
Act under N.J.S.A. 10. 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:
September 21, 2011 Kevin
M. Yecco, Borough Clerk |
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