Minutes of Commissioners Meeting   -   September 10, 2008

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 7, 2007.

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. 831-08

(Authorizing Verizon to be the local and long distance telephone service provider for the Borough of Wildwood Crest)

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. 832-08

(Authorizing an emergency appropriation in the amount of $25,000 for the purchase of petroleum products)

Mr. Groon 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. 833-08

(Authorizing issuance of a Special Events Permit for Federation of Metal Detector and Archaeological Clubs for the purpose of holding a metal detector seminar/conference on the beach at Heather Road on October 10-12, 2008)

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. 834-08

(Authorizing issuance of a Special Events Permit to Michelle Ryder for the purpose of holding a wedding ceremony on the Heather Road Pier on October 4, 2008 at 2:00 p.m.)

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. 835-08

(Authorizing issuance of a Special Events Permit to Margaret DiDonato for the purpose of holding a memorial service on September 13, 2008 at Rambler Road beach)

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. 836-08

(Authorizing advertisement of Notice to Bidders for Repair and Replacement of Sidewalks and Curbs for October 2008 through October 2010)

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

Bill Kindle, on behalf of the Marine Mammal Stranding Center , appeared before the Board of Commissioners, to present a plaque to thank the governing body, the Chief of Police, the DPW Supt., and the Beach Patrol Chief for their assistance in the annual “Dolphin Swim” fund raiser.

The first matter for discussion was the Rambler Road Park Project. The Clerk indicated that there has been some discussion with respect to potential revisions of the current plan and cost estimates to now possibly include the reinstatement of the turn-around. He added that the cost estimates for the project, the turn-around notwithstanding, was anticipated to $1.1 million for calendar year 2008, which amount is presently budgeted, and the remaining balance of $800,000 to be deferred to calendar year 2009 for a capital expenditure.

Mrs. Gould stated that the Planning Board unanimously indicated that they would like to see the turn-around reinstated in the plan.

The Clerk inquired of the Engineer what the estimated cost of the turn-around would be. The Engineer responded that it would be in the $600,000 or $700,000 range. Mrs. Gould inquired if that would include the pavers. The Engineer responded in the affirmative. Mr. Groon stated that, in his opinion, that seems like an excessive amount. Mr. Groon added that reinstatement of the turn-around would affect the placement of other items in the plan. It was his recommendation that further discussions be had directed solely at this issue. Mr. Cabrera stated that the plan was scaled back for cost purposes, but we’re looking at adding that particular element back to the plan. Mrs. Gould interjected that the turn-around should be included for safety purposes since this is a very busy area. Mr. Cabrera said he was concerned about the timing of the project, and asked whether or not the Borough’s receipt of the $308,000 can be delayed and/or utilize that money for a certain portion of the project, and then reapply to that same funding source for another phase of the project. The Engineer responded that it can be applied to “Phase I” so long as that phase includes ADA improvements. That money can only be spent for ADA improvements. The Clerk inquired if the parking lot would qualify. The Engineer responded that the application as submitted by the Borough stated that 25% of the project would be ADA improvements. The Clerk inquired if the ADA bathrooms would have to be included in the initial phase. The Engineer indicated that the State would not be happy with the Borough taking portions of the project out, but they have in the past permitted projects to be scaled back.

Mr. Groon suggested exploring the matter at a future work session. Mr. Cabrera stated that the deadline for the grant application is approaching. He went on to state that the grant would be through the Small Cities Community Development Block Grant Program, the same funding source utilized for the first grant, and the deadline for application for additional funding through that source is approaching. The Clerk interjected that the Engineer has indicated that there is a more critical need to be addressed through that potential funding source. The Engineer agreed, adding that there is an infrastructure problem that needs to be addressed. Mr. Groon reiterated his suggestion that the matter be discussed at a work session. The Clerk stated that the discussion should include a myriad of issues to prevent missing the deadline for the grant application, and who will administer the grant. The Engineer indicated that the deadline is approximately September 22, 2008. It was decided that a special meeting be scheduled for Friday, September 12, 2008 at 3:00 p.m. to further discuss the matter.

The next matter for discussion was the COWCO renewal agreement. The Solicitor reported that she had heard from the North Wildwood solicitor, who raised a couple of issues, but the matter is moving along.

Commissioner Cabrera reported that Public Works has completed all of the work they can do at the Fishing Pier structure until a decision is made as to what funding will be placed in the 2009 budget. The Clerk interjected that a “priority list” was submitted by the Engineer regarding potential capital projects for 2009. He added that he had met with the CFO, who indicated that he had discussed funding aspects with the Engineer, and his concern with the Infrastructure Trust Fund was that it does not require a downpayment situation and if $3 million in debt is sought and the governing body were to go forward with an additional $4 million in the capital budget, debt will be a problem. He added that the CFO further indicated that, over the last three years, the Borough’s debt has increased by $12 million. The CFO’s concerns for calendar year 2009 is that the Borough will be financing in the budget an additional $400,000 in required payments. The Clerk went on to state that Mr. Groon had asked for reasonable amounts for which bonding should occur. He indicated that the Borough is not close to the debt limit, but the difficulties would be how much the Borough’s payments would be increasing on an annual basis along with future annual bond indebtedness. He noted that those increased payment amounts would be adversely affecting the Borough in 2009 forward. Therefore, the priority list and their corresponding costs would drive how much the governing body should intend to borrow in 2009. Mr. Groon inquired if there is a recommendation for a yearly amount that would fit within the budgetary process. The Clerk responded that he asked the CFO that question, and the CFO did not have such an amount, indicating that if there are significant infrastructure needs that will drive amounts set aside in the capital improvement fund; that they should be dealt with but   “wish list” items should not.

The next matter for discussion was the conversion of the traffic maintenance building to a records storage facility. The Clerk noted that this would be a project for potential funding in 2009 but could be held off if not a priority.

The final matter for discussion was the proposed rate increase for taxicabs. The Clerk reported that, unfortunately, North Wildwood went “on their own” to develop a rate structure for the taxicabs. He indicated that in previous years, when there has been a rate increase requested, the municipalities had discussed the matter and collectively made a decision on any rate changes. However, North Wildwood has decided to adopt a new rate schedule by ordinance, and Wildwood Crest historically has adopted a new rate changes by resolution. He went on to state that the methodology by which the rate increase would occur would change and the use of a meter would not longer be in effect. He added that the governing body is not empowered to adopt any new rate at this meeting based on the provisions of the ordinance whereby ten days notice must be provided to the taxicab operators for their review and comments. A final decision could be rendered at the September 24, 2008 meeting. The Clerk requested authorization from the governing body to proceed in that fashion. He added that it was his opinion that the Borough is “powerless” to consider any other rate increase other than what North Wildwood has adopted in their ordinance due to the fact that differing rates would be chaotic. He added that he had advised North Wildwood of the Borough’s displeasure with their unilateral decision. Mr. Groon inquired if the Clerk had contacted the City of Wildwood . The Clerk responded that he had sent the information to the City of Wildwood with his concerns that the process was undertaken by North Wildwood without input from Wildwood and Wildwood Crest. He had received no response from Wildwood. Mr. Cabrera inquired if the taxis were on a meter system in the past. The Clerk responded in the affirmative, adding that it dealt with quarters of a mile and changes per passenger. He added that it would be virtually impossible to have two different rate schedules, regardless of what was previously in place, for people traveling from Wildwood Crest to North Wildwood and vice versa. Mr. Cabrera reiterated the rates as set forth in the proposed resolution. The Clerk stated that there are difficulties with the proposed rate change from the standpoint of taking a cab from Wildwood Crest to a location off the island, since that would become a “negotiable matter.” The Clerk stated that if the governing body is not willing to provide authorization to move forward with the rate change at the meeting of September 24^th, nothing could be done on that date because of the requirement that the taxicab license holders be notified no less than ten days in advance of any such meeting for a hearing on the rate change.  Mr. Groon suggested moving forward with the North Wildwood rate schedule for purposes of the hearing, and perhaps at some point have some discussions on how to correct the rate schedule. The Clerk indicated that he would proceed with providing appropriate notice to the taxicab license holders for their attendance at the meeting of September 24^th.

The governing body had an appointment with Ron Stagliano, Esquire, and his client, Mr. Wally Lerro to discuss the potential receipt by the Borough of the Oceanview Motel lobby.

Mr. Stagliano stated that in October 2004 the Wildwood Crest Planning Board granted approval to the owners of the Oceanview Motel to construct a project known as Emerald Beach , to have 69 residential units, in-ground swimming pool, and other typical amenities. After the preliminary approval, the owner proceeded to apply for a CAFRA permit due to the proximity of the property to the beach. The CAFRA permit was denied after pending status for two years. Subsequently, the developer, who was under contract to purchase the property, backed out of the project. The owner then filed an appeal of the CAFRA denial. During the pendency of the appeal, there was a proposal offered whereby it was determined by the DEP that the most historically significant portion of the existing Oceanview Motel was its expansive lobby area. The denial of the CAFRA permit was based solely on historical significance of the property. In the course of negotiations with DEP trying to resolve the denial, there was discussion regarding potential for salvaging the lobby area that suggested that if that structure were able to be salvaged and perhaps donated for civic use, the DEP would consider granting the CAFRA permit.

Mr. Stagliano indicated that his client would be responsible for dismantling and moving the lobby structure to another location within the Borough at no cost to the Borough. The Borough would be responsible for giving the precise location where the building should be placed.

Mr. Cabrera inquired as to what was defined as the lobby in the building. Mr. Stagliano responded that there is flexibility, but the actual lobby is an independent structure.

Mr. Groon asked if the lobby contained a second floor. Mr. Lerro responded in the affirmative. Mr. Stagliano stated that he was of the opinion that if the principal elements of the structure could be saved, the DEP would be flexible in how large the final structure would be.  

Mr. Groon stated that Mr. Stagliano had raised the issue of perhaps placing the structure at the Rambler Road Park as part of the ongoing project. He stated that the focus was to reduce structures and make it more “open space” and this proposal would be in contravention of that intent. He inquired if the obligation could be met in some other manner. Mr. Lerro responded that he would have to advise the DEP that it does not meet the Borough’s standards. Mr. Lerro stated that perhaps a new structure could be built in the “Doo-Wop” design. Mr. Stagliano suggested that the governing body write a letter to him indicating that the building as constructed has no place in the Borough, but would welcome participation by the owners of the Oceanview by constructing something similar in design that could be used for tourist and information purposes. Mr. Groon stated that Mr. Stagliano’s suggestion has more merit than attempting to preserve a structure that is of no benefit to anyone due to code requirements. Mr. Groon inquired of the governing body whether they agreed that participation by the property owner in building a new structure would be a satisfactory alternative. Mr. Cabrera and Mrs. Gould responded in the affirmative. It was decided that the Clerk and the Solicitor would formulate the proposed letter to Mr. Stagliano based upon the foregoing dialogue.

Gary Tropea, 136 East Davis Avenue , Wildwood, suggested to the governing body that Dr. Fury’s old office at 7204 Atlantic Avenue , which is scheduled for demolition, be purchased by the Borough, moved, and utilized as a Volunteers in Medicine clinic.

Joan Engle, Lantern Lane , stated that walking the beach is difficult for some people due to the size of the beach. She suggested that the Borough provide a “taxi” service on the beach. Mr. Groon responded that it had never been discussed, but during the summer there is a program through the Beach Patrol to assist people to the beach. He added that the governing body would give the matter some consideration.

Ms. Engle also commented that more bathrooms are needed on the beach.  Mr. Cabrera responded that the Borough is looking at possibly increasing the number of portable bathrooms and moving them closer than the current 8 block spread.

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 24, 2008

Kevin M. Yecco, Borough Clerk

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