Minutes of Commissioners Meeting   -   September 12, 2007

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 Commissioners’ Meeting Room at 9:30 a.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 same to the Gazette-Leader and The Press on November 9, 2006.

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

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1043 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. 1043

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST AND AMENDING ORDINANCE 1022 ADOPTED DECEMBER 13, 2006 , CHAPTER 85 – ARTICLE XV – SECTION 85-97 – SIGNS

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1043.

Vote:           Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1043 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1043 be passed on second and final reading and advertised according to law.

Vote:           Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1044 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. 1044

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

Mr. Cabrera motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1044.

Vote:           Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1044 be closed.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1044 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. 1045

A CAPITAL ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE SANITARY SEWER MAIN ON LAVENDER ROAD FROM PACIFIC AVENUE TO SEAVIEW AVENUE AND APPROPRIATING THEREFOR THE AMOUNT OF $35,000 FROM GENERAL CAPITAL FUND BALANCE

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1045 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, September 26, 2007 at 7:00 p.m.

Vote:           Gould-Cabrera-Groon-Yes

William Kindle appeared before the Board of Commissioners on behalf of the Marine Mammal Stranding Center to thank the governing body and the Borough for all of the assistance and support provided for their fund raising efforts. Specifically, he thanked Don Twist, Superintendent of Public Works, Chief Thomas DePaul of the Police Department, Al Beers, Fire Official, Bill Cruzan, EMT Captain, and Captain Buddy Johnson and the beach patrol. He also thanked the Board of Commissioners for the use of the Nesbitt Center for registration. He expressed the appreciation of the Marine Mammal Stranding Center for all of the assistance provided over the years.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 601-07

(Authorizing award of contract to P&D Construction, Inc., in the amount of $1,372,208.88 for Phase 3C Street & Utility Reconstruction of portions of Orchid, Nashville , St. Louis & Jefferson Avenues)

Mr. Cabrera 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. 602-07

(Authorizing submission of an application to the New Jersey Enterprise Zone Authority for Fiscal Year 2007-08)

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. 603-07

(Authorizing issuance of special events permit to PT Owners Club for purpose of holding a car display on September 28, 2007 at 6600 Atlantic Avenue )

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. 604-07

(Authorizing endorsement of the “Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007”)

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. 605-07

(Authorizing compliance by the Borough with National Incident Management System with coordination of compliance administered by the Cape May County Emergency Management Office)

Mr. Cabrera 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. 606-07

(Supporting submission of a Water Quality Management Plan for the County of Cape May under the Existing Water Quality Management Rules)

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. 607-07

(Authorizing rejecting of bids received for 2007-08 Concrete Gutter Replacement and re-advertisement of Notice to Bidders)

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. 608-07

(Authorizing advertisement of Notice to bidders for Rehabilitation of Heather Road Fishing Pier, Phase 1)

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

Prior to the vote, Mrs. Gould stated that it was her understanding that this was a “one shot deal” after the public meeting held in April. She questioned where the money will come from for the various “phases” of this project. The Clerk interjected that there is in the vicinity of $750,000 available for the project, from the grant received as well as monies provided in a bond ordinance, less any costs associated with engineering work for the project. Mr. Cabrera concurred. He added that there are no definitive plans for Phase 2 and Phase 3, that only Phase 1 is included in this resolution. The Clerk interjected that that included ADA compliance. Mrs. Gould stated that the governing body “never really talked about phases.”

Vote:           Gould-No                                                 Cabrera-Groon-Yes

THE CLERK READ RESOLUTIONS NOS. 609-07 THROUGH 616-07 BY TITLE ONLY, AND INDICATED THAT THESE REFUND RESOLUTIONS WOULD BE DEALT WITH IN “GROUP FASHION”, WITH ONE OFFICIAL ACTION OF THE GOVERNING BODY.

RESOLUTION NO. 609-07

(Authorizing refund in the amount of 4180.01 for tax overpayment for property situated at block/lot 116-5-C000A to Wells Fargo Home Mortgage)

RESOLUTION NO. 610-07

(Authorizing refund to Gail Mazzotta in the amount of $400 for duplicate payment of ambulance transport)

RESOLUTION NO. 611-07

(Authorizing refund to Michael DiDonato in the amount of $175.20 for duplicate payment of ambulance transport)

RESOLUTION NO. 612-07

(Authorizing refund of escrow fee balance in the amount of $347.45 to 6601 Atlantic LLC in connection with preliminary subdivision and/or site plan application for property situated at block 53.03, lots 4,5,6,11,12,13,14,18,19,20)

RESOLUTION NO. 613-07

(Authorizing refund of full escrow fee paid in the amount of $800 to Kevin and Janice Devine in connection with minor subdivision for property situated at block 141, lots 20 and 21)

RESOLUTION NO. 614-07

(Authorizing refund of escrow fee balance in the amount of $660 to Peter Compare in connection with preliminary subdivision and site plan application as well as final site plan approval for property situated at block 58, lots 3,4,5,6)

RESOLUTION NO. 615-07

(Authorizing refund of $125 to Arlene Kelsey for Firefighters’ Weekend Craft Show for participation fee paid but for which she was not able to participate)

RESOLUTION NO. 616-07

(Authorizing refund of $160 to Angelique Byrne for cancellation of private swim lessons for her daughter which were paid for but not scheduled or commenced by the Borough)

Mr. Groon motioned, seconded by Mr. Cabrera, that the foregoing Resolutions be adopted.

Vote:           Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which are attached hereto, be paid.

Vote:           Gould-Cabrera-Groon-Yes

A discussion was had with regard to a proposed ordinance prohibiting bikes, dogs, skateboards, rollerblades in all Borough parks. The Solicitor indicated that she would circulate a draft ordinance for review by the Commissioners. Mrs. Gould inquired if Sunset Lake is considered a park. The response was in the affirmative. She then inquired if dogs would be banned from Sunset Lake . Mr. Groon responded that he would have to take a look at the proposed ordinance before making that determination. Mr. Cabrera stated that there is an existing dog ordinance, and the purpose of the proposed ordinance would be to control activities in the parks. Mr. Groon stated that all parks should be included in one ordinance. The Clerk responded that different activities would be permitted in different parks.

The next matter for discussion was the future reconstruction of Seaview Avenue . The Clerk reported that all residents to be impacted by the Seaview Avenue reconstruction and the Phase 3C USDA projects have been duly advised, in writing, as to the construction and subsequent moratorium, and encouraging those property owners to schedule any necessary utilities work and infrastructure construction in conjunction with the street reconstruction. With regard to the streetscape and bikepath, the Clerk reported that it is a continuing consideration of a plan for the bikepath extending from Rambler Road and traveling westerly along Rambler and south on Seaview as a tie-in with a County Bike System that now presently extends through the island from North Wildwood, to Wildwood Crest. The Clerk advised that as part of the reconstruction of Seaview Avenue , and as a potential tie-in to the bikepath, there are islands on Seaview Avenue being considered in the latter stages of the project. Mr. Cabrera stated that the Borough is commencing Phase 1 of the Seaview Avenue project, and that at some point in time the Borough would have to do some planning and perhaps in 2008 start talking about Phase 2 of the project because the southerly bike path if pursued, would be affected. Mrs. Gould interjected that the Borough “will need an awful lot of money” and she questioned how the taxpayers would be impacted. She added that the financial outlook is “pretty scary” because the Borough has always been level financially but is now spending a great deal of money; she urged the Commissioners to “be careful.” Mr. Groon inquired if Mrs. Gould was suggesting that the Seaview Avenue project not be done. Mrs. Gould responded that she was not suggesting not doing the Seaview Avenue project, but was suggesting not doing the streetscape/bikepath project. She added that she had suggested “months ago” that the Borough use paint and make a bike path. Mr. Groon stated his understanding that the bike path would be constructed from a DOT grant and, with regard to streetscaping, he understood that Mr. Cabrera was going to obtain pricing as to the off-setting of asphalt versus grass. Mr. Cabrera concurred, adding that he believed the Engineer had provided that information. He went on to state that that project would be part of the DOT Centers of Place Grant. Mr. Cabrera indicated that the Borough is planning continued improvements to its infrastructure and, with assistance from grants, the Borough could “add some nicer amenities” to the street reconstruction project. He acknowledged Mrs. Gould’s concerns regarding financing of the project.

The Clerk interjected that Rambler Road was a potential tie-in, with continued existence of the Nesbitt Information Center , and consideration will need to be provided with issues such as  restrooms in that area, parking, etc. He added that handicap assistance on the beach is a heavily utilized program in the summer. Mr. Groon stated that that service is a “key aspect” to the Rambler Road proposal. He added that the service presently provided by the beach patrol is a good service, but the Borough cannot cover and service a 50 block beach. He proposed including a handicap area at Rambler Road so the service can be limited to a specific area which would provide better service and help more people. He added that the handicap aspect is the key to obtaining funding for the project, not only through the State but other aspects under ADA Compliance. Mr. Cabrera stated that the plan provided to the Commissioners has been a working plan for the last few years. He said that the Borough is under contract with Mark Blauer to apply for a DCA Small Cities Grant. That would be the same type of grant that the Borough recently received in the amount of $400,000 for rehabilitation of the Heather Road Fishing Pier. It was his understanding that the maximum amount for the Rambler Road project would be $400,000. He asked Mr. Groon and Mrs. Gould to review the plans in order to further discuss the project at the next meeting. Mrs. Gould asked for clarification of the plans. She inquired if the bike stand would remain. Mr. Cabrera responded that it would be relocated. Mrs. Gould inquired “to where?” Mr. Cabrera responded that it would be closer to the “circle.” He added that the plan is a rough draft based on the prior administration’s concept. Mrs. Gould continued making specific inquiries about the plans. Mr. Cabrera added that if the Borough is going to utilize Mr. Blauer’s services to apply for the grant, and for which the Borough is under contract, a resolution would be required no later than the final meeting in September authorizing the application because the process must commence by the end of the September. Mr. Groon inquired how far along the “concept” would have to be. Mr. Cabrera responded “at least a rough idea with cost estimates.” Mr. Groon stated that the next meeting would be September 26^th, giving the Borough two weeks to put together a rough plan in order to apply for the grant. Mr. Cabrera concurred, adding that the project could be phased and apply the grant funds to a portion of the project. Mrs. Gould inquired as to how much the grant would be. Mr. Cabrera responded that it would be a maximum of $400,000. She asked if that would cover everything planned without having to put any more money in from the Borough or having to bond any money. Mr. Cabrera responded, “not for the entire project,” but if it was phased for the parking and bathrooms and that the funding would be close for all of these items. Mrs. Gould commented that bathrooms are an important part of life. Mr. Cabrera stated that parking would bring in revenue. He asked that everyone provide their comments as soon as possible; that he could coordinate the plan with the Engineer and Mr. Blauer. Mr. Groon stated that, even if the project is phased, the Borough needs to know “where we are going long term.” Mr. Groon added that a special meeting may be needed. The Clerk concurred. It was determined that a special meeting would be held on Tuesday, September 18, 2007 at 4:00 p.m. , with the Engineer in attendance. The Clerk inquired if the grant would be administered through the Engineer or through Mr. Blauer, adding that Mr. Blauer had indicated he had limited experience with DOT applications. Mr. Cabrera responded that anything that would have to do with the DOT would be handled by the Engineer, and anything to do with the DCA would be handled by Mr. Blauer.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 617-07

(Authorizing re-advertisement of Notice to Bidders for Seaview Avenue Street & Utility Reconstruction, Phase 1)

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

Vote:           Gould-Cabrera-Groon-Yes

The Clerk reported that Mr. Groon had requested that a discussion item be added to the agenda regarding consideration of an ordinance requiring designation of condominium association representatives for service of notices by the Borough. The Clerk indicated that there presently is no requirement that the contact information be provided to the Borough. The Solicitor stated that it would be similar to the Land Use Act which provides for one notice to be sent to a designated agent of a condominium association and it would then be their responsibility to provide that notice to all individual unit owners. Mrs. Gould inquired if the designated representative could be a property management company. The Solicitor responded that it would only be a property management company if the condominium association authorized that; otherwise it would have to be one of the condominium association officers. The Clerk interjected that another matter to be included would be which Borough office would have possession of the information, whether it be the Assessor, the Tax Collector, or another office. Mr. Groon stated that he has made some inquiries and there does not appear to be a clear cut office with the information. He added that it would seem that the Assessor should have the information, but by law he is not required to maintain that information. The Solicitor interjected that he is required, by law, to maintain that information. It was determined to put the matter “on hold” pending further information from the Solicitor and the Assessor.

There being no further matters for discussion, and no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:           Gould-Cabrera-Groon-Yes

Dated:         September 26, 2007

Kevin M. Yecco, Borough Clerk