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Minutes of Commissioners Meeting - November 2, 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. 1133 AN
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 75, TRAILERS, TEMPORARY
DWELLINGS AND STRUCTURES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST,
COUNTY OF CAPE MAY, NEW JERSEY BE
IT ORDAINED by the Board of Commissioners of the Borough of Wildwood
Crest, ARTICLE
III Parking
and Storage of Boats and Watercraft Section 1.
Parking restricted on private property A.
Motorboats, sailboats, motor crafts and watercraft of not more
than 26 feet in total length, may be parked on private property,
provided that the owner of the motorboat, sailboat, motor craft and
watercraft is the occupant of the premises on which the unit is parked.
No more than one (1) motorboat or sailboat, and two (2) personal water
crafts, shall be permitted to be stored on private property. No more
than one (1) empty boat trailer and two (2) empty personal water craft
trailers shall be permitted to be stored on private property. B.
No motorboats, sailboats, motor craft or watercraft shall be
parked within five (5) feet of the property line on either side of said
property, or within fifteen (15) feet of the rear property line, unless
parked on a legally approved driveway. C.
No motorboat, sailboat, motor craft or watercraft shall be parked
in a manner so that any portion of the unit on the property shall extend
closer to the street than the front of the main portion of the building
used for occupancy on the same premises, excluding any porch, unless the
motorboat, sailboat, or personal water crafts are parked in the private
driveway on the premises. For vacant lots, no motorboat, sailboat, motor
craft or watercraft shall be parked closer to the street than the
applicable front property line set-back. D.
Section 2.
Length restriction
No person shall park on private property a motorboat, sailboat or
other watercraft greater than 26 feet in length, except licensed
commercial marinas and yacht clubs may park and store motorboats,
sailboats or other watercraft greater than 26 feet in length. Section 3.
Violations and penalties
Any person, firm or corporation violating any provisions of this
Article shall, upon conviction thereof, pay a fine of not more than
$1,000 for each offense, or be imprisoned in the county jail for a term
not exceeding 60 days, or both, and each day that such violation shall
continue shall be deemed a separate offense. Section 4.
All other ordinances in
conflict or inconsistent with this ordinance are hereby repealed to the
extent of such conflict or inconsistency. Section 5.
If any section or sections, part or parts, word or words, of this
ordinance is or are invalid, the remaining sections, parts or words
shall remain in full force and effect. Section 6.
This ordinance shall become effective upon final passage and
publication according to law. Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1133 be re-introduced and passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Monday, November 21, 2011 at 7:00 p.m. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY: ORDINANCE NO 1134 A CAPITAL
ORDINANCE PROVIDING FOR THE ACQUISITION OF PUBLIC WORKS VEHICULAR
EQUIPMENT AND APPROPRIATING THEREFOR THE AMOUNT OF $29,000 FROM CAPITAL
IMPROVEMENT FUND BE IT
ORDAINED by the Board of Commissioners of the Borough of Wildwood Crest,
County of Cape May, New Jersey (not less than two-thirds of all the
members thereof affirmatively concurring) as follows: Section
1.
The improvements described in Section 2 of this Ordinance are
hereby authorized to be made by the Borough of Wildwood Crest, County of
Cape May, New Jersey and there is hereby appropriated the sum of Twenty
Nine Thousand ($29,000.00) dollars from Capital Improvement Fund, said
amount now being available therefor in the General Capital Account of
the Borough of Wildwood Crest. Section
2.
The improvements hereby authorized are the acquisition of one (1)
four-wheel drive pickup truck and one (1) four-wheel drive beach utility
vehicle, together with all equipment, attachments and accessories
necessary therefor and/or incidental thereto. Section
3.
The said purpose described in Section 2 of this Ordinance is not
a current expense and is an improvement which the Borough may lawfully
make under the provisions of N.J.S.A. 40A:2-1, et. seq. (Local Bond
Law). Section
4.
This Ordinance shall take effect following its advertisement,
public hearing and adoption in accordance with the requirements of law. Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1134 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Monday, November 21, 2011 at 7:00 p.m. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 649-11 WHEREAS,
N.J.S.A. 40A:4-58 permits transfers between budget appropriations during
the final two (2) months of the fiscal year; NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, Appropriation
Title
From
To Natural
Gas: Other Expense
$ 8,000.00 Fuel
Oil Account: Other Expense
$ 8,000.00 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. 650-11 WHEREAS,
N.J.S.A. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of
revenue in the budget of any county or municipality when such item shall
have been made available by any public or private funding source and the
amount thereof shall not have been determined at the time of the
adoption of the budget; and WHEREAS,
said Director may also approve the insertion of any item of
appropriation for equal amount; and WHEREAS,
the Borough of Wildwood Crest will receive $308,996.00 from the U.S.
Department of Justice, Office of Violence Against Women, and wishes to
amend its 2011 Municipal Budget to include this amount of revenue. NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, does hereby request
the Director of the Division of Local Government services to approve the
insertion of an item of revenue in the municipal budget of the Borough
of Wildwood Crest for the year 2011 in the sum of
$
308,996.00 which
is now available as a revenue from: Miscellaneous
Revenues Special
Items of General Revenue Anticipated with Prior
Written Consent of the Director of the Division of
Local Government Services - Public and Private Revenues
Offset with Appropriations: Women
– Sexual Assault Task Force $308,996.00 BE
IT FURTHER RESOLVED that a like sum of
$
308,996.00 be
and the same is hereby appropriated under the caption of: GENERAL
APPROPRIATIONS (a)
Operations
Excluded from 5% Caps Public
and Private Programs Offset by Revenues: Women
– Sexual Assault Task Force BE
IT FURTHER RESOLVED that the Borough Clerk be and he is hereby
authorized and directed to forward two (2) copies of this Resolution to
the Director of the Division of Local Government Services. 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. 651-11 SUBJECT:
A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER
1–FINAL AND FINAL PAYMENT.
2009-2011 TRENCH RESTORATION CONTRACT WHEREAS, Garden
State General Construction, Inc. of Rio Grande, New Jersey has
satisfactorily completed the contract for the project known as 2009-2011
Trench Restoration Contract; and WHEREAS, during
the course of completing the project, certain reductions were required
as indicated on Change Order Number 1 – FINAL, decreasing the contract
amount by $2,743.63; and WHEREAS,
the Contractor has now submitted the final Payment Request 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 Garden State General Construction, Inc. be made
thereon. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes Prior to entertaining the next Resolution, the Clerk stated that according to instructions received from the governing body at the previous meeting, the beach concession rentals for umbrellas, beach chairs, approved flotation devices and bottled water only to be included, with a minimum bid of $75,000 was supplied to each commissioner respectively for his/her review. Mr. Groon inquired if there were any comments from the members of the governing body. With regard to the addition of bottled water to the bid specifications, Mr. Cabrera inquired if Gatorade was considered bottled water. He was advised that it is not. He then asked if flavored water would be permitted. The Clerk stated that bottled water only would be permitted under the draft provided. Mr. Cabrera then inquired as to why no other beverage would be permitted since the minimum bid was being increased by $25,000. The Clerk responded that any bids received would be an indication of whether there is any interest or if the minimum bid is too high. He added that there are six locations along the beach. He added that it was his understanding that water was being offered as a public service and public safety issue for those on the beach who failed to bring beverages with them, given the significant length of beach one would need to travel to purchase same. Mrs. Gould asked if a three year term was too long given the minimum bid being asked. She was advised that the term in previous years had been five years, and the term was shortened to three years to reduce the exposure for both sides. The Clerk stated that should bids not be realized for the minimum bid, there is the ability for the Borough to provide additional considerations well in advance of the start of the 2012 summer season. Mr. Groon inquired if the Commissioners had any alternatives to what was presented. Mr. Cabrera stated that he was in favor of water, but would like to see it expanded to flavored waters. He added that he wanted to confirm that there would be no “hawking” on the beach. It was confirmed that the rental/sale would be limited, as it has in the past, to the 6 borough-designated locations. THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 652-11 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 Herald of
Cape May County issue of November 9, 2011. Oral
bids will be received by the Borough Clerk in the Municipal Court Room,
Wildwood Crest Borough Hall, on TUESDAY, NOVEMBER 22, 2011 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: RENTAL OF BEACH CONCESSION
LOCATIONS FOR THE RENTAL OF BEACH UMBRELLAS, BEACH CHAIRS, APPROVED
FLOTATION DEVICES, AND
BOTTLED WATER ONLY
Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 653-11 SUBJECT: A RESOLUTION TO PROVIDE FOR THE
DESIGNATED MEETING DATES OF THE
BOARD OF COMMISSIONERS FOR CALENDAR YEAR 2012. BE IT
RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest,
County of Cape May, New Jersey, that the designated Borough Meetings for
calendar year 2012 be and the
same are hereinafter provided in accordance with the annual meeting
notice requirements subject to any adjustments to be determined from
time to time by resolution of the Board as follows:
DATE
TIME
PLACE
JANUARY
4, 2012 9:30 A.M.
BOROUGH HALL 25, 2012
7:00 P.M.
BOROUGH HALL
FEBRUARY
8, 2012
9:30 A.M.
BOROUGH HALL
22, 2012
7:00 P.M.
BOROUGH HALL
MARCH
7, 2012
9:30 A.M.
BOROUGH HALL
21, 2012
7:00 P.M.
BOROUGH HALL
APRIL
4, 2012
9:30 A.M.
BOROUGH HALL
25, 2012
7:00 P.M.
BOROUGH HALL
MAY
9, 2012
9:30 A.M.
BOROUGH HALL
30, 2012
7:00 P.M.
BOROUGH HALL
JUNE
13, 2012 9:30 A.M.
BOROUGH HALL
27, 2012
7:00 P.M.
BOROUGH HALL
JULY
11, 2012
9:30 A.M.
BOROUGH HALL
25, 2012
7:00 P.M.
BOROUGH HALL
AUGUST
8, 2012
9:30 A.M.
BOROUGH HALL
29, 2012
7:00 P.M.
BOROUGH HALL
SEPTEMBER
12, 2012 9:30 A.M.
BOROUGH HALL
26, 2012
7:00 P.M.
BOROUGH HALL
OCTOBER
10, 2012 9:30 A.M.
BOROUGH HALL
24, 2012
7:00 P.M.
BOROUGH HALL
NOVEMBER
7, 2012
9:30 A.M.
BOROUGH HALL
26, 2012
7:00 P.M.
BOROUGH HALL
DECEMBER
12, 2012 9:30 A.M.
BOROUGH HALL
27, 2012
7:00 P.M.
BOROUGH HALL 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. 654-11 WHEREAS,
bids have been received in response to advertisement of NOTICE TO
BIDDERS dated October 5, 2011, and published in The
Herald of Cape May County issue of October 12, 2011, for the
following item: 2011, or newer,
Ambulance; and WHEREAS,
the Superintendent of Public Works, the Motor Pool Supervisor, and the
Supervising EMT, have reviewed the bids submitted and have provided a
written opinions recommending that the contract be awarded to the
“lowest responsible bidder” as referenced below; 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” as follows:
BAY HEAD INVESTMENTS INC. t/a VCI EMERGENCY VEHICLE
SPECIALISTS,
2012 Chassis
$ 41,830.00
2012 Conversion & Options
114,963.80
Total Bid Price $156,793.80 all
subject to compliance with the bid specifications and confirmation from
the Chief Financial Officer as to availability of funds. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, in the
1. That the
allegations of the preamble hereto are incorporated hereby in reference
as if fully set forth.
2. That contract be
awarded to the successful bidders as aforesaid and for the total and
complete bids amounts as indicated; all of which is subject to
certification below by the Chief Financial Officer as to the
availability of funds.
3. That the
Commissioner of Revenue and Finance and the 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. 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 which appear in full below, be paid. Vote:
Gould-Cabrera-Groon-Yes With regard to the Ranalli property, the Clerk reported that the
Solicitor had contacted the owners of the property and they have
indicated that they will be obtaining an independent appraisal and will
contact the Borough when that is complete. Concerning the Boardwalk/Bike Path Connector, the Clerk indicated that
the City of As to the 2012 Holiday Schedule, the Clerk reported that a draft copy
had been provided to the governing body for their review. He indicated
that the schedule mirrors that which is contained in the fully
negotiated and bargained agreements with the other employee groups. The
governing body indicated unanimous consent to the schedule provided. With regard to the 2012 Capital Improvements, Mr. Groon indicated that
he had provided copies of a proposed 2012 Capital Improvement Plan to
the governing body. He indicated that the The next issue was the annual $300,000 “pay as you go” fund. Mr.
Groon asked that the fund be increased by $100,000 each year over the
next two years in order that the expenditures that are normally bonded
can be paid with current year revenues budgetarily. Mrs. Gould inquired as to the tax increase that project would require.
Mr. Groon responded that the CFO did some early calculations that
indicate the increase would be 1.5 cents each year. He added that was
the reason he was striving to not have any other capital projects during
that time period. Mrs. Gould stated that there was no question that the
project was required. Mr. Cabrera concurred that the project was needed. He asked that the
USDA funding be researched because there is strong potential for
receiving funding. He reiterated that the project must be done and that
the governing body wants to minimize the impact to the Borough from a
financial standpoint. Mr. Groon stated that the estimate from the USDA
was for a one cent increase, as opposed to the one and one-half cent
increase. There was further discussion regarding various other projects contained
in the proposed plan. The recommendation was that 2014 be dedicated to
repairing/reconstructing the worst side streets. For 2013, it was
recommended that some “soft infrastructure” be finalized. Those
proposed projects were reviewed. One of the projects suggested was use
of the fishing pier building on Mr. Cabrera stated that a “vision” for the public buildings should
be developed as soon as possible in order that the capital plan can be
finalized. Mrs. Gould stated that she will not be available for the December 7,
2011 Commission meeting to discuss the capital plan and she asked that
the meeting be moved to another date. Mr. Groon agreed that Mrs.
Gould’s presence was required. The Clerk inquired if Monday, December
5, 2011 would work for everyone. All agreed to move the meeting to
Monday, December 5, 2011 at 9:30 a.m. Nancy Pietropaoli, Patricia Hall, There being no further public comments, THE CLERK READ THE FOLLOWING
RESOLUTION BY TITLE ONLY: RESOLUTION NO. 655-11 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__(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 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. Groon, that the foregoing
Resolution be adopted. Vote:
Gould-Cabrera-Groon-Yes 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:
November 21, 2011 Kevin M. Yecco, Borough Clerk
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