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Minutes of Commissioners Meeting - August 12, 2009
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 and The Press on November 5, 2008 and on July 9, 2009 (as to change of time). 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 ORDINANCE BY TITLE ONLY: ORDINANCE NO. 1079 BOND ORDINANCE PROVIDING FOR IMPROVEMENT OF THESTORM
SEWER SYSTEM IN AND BY THE BOROUGH OF
WILDWOOD CREST, IN THE THE
ISSUANCE OF $119,000 BONDS OR NOTES OF THE BOROUGH FOR
FINANCING SUCH APPROPRIATION Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1079 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 26, 2009, at 7:00 p.m. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY: ORDINANCE NO. 1080 AN ORDINANCE OF THE BOROUGH OF WILDWOOD CREST REPEALING IN ITS ENTIRETY ORDINANCE NO. 979, ADOPTED AUGUST 24, 2005, ESTABLISHING CHAPTER 62 OF THE GENERAL CODE OF THE BOROUGH OF WILDWOOD CREST – SEX OFFENDERS RESIDENCE PROHIBITION, AND REPEALING ORDINANCE NO. 1037 ADOPTED APRIL 18, 2007, AMENDING SAME IN ITS ENTIRETY Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1080 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 26, 2009 at 7:00 p.m. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 66-09 (Authorizing approval of Change Order No. 1 – Final and Estimate Certificate No. 3 – Final in regard to replacement of Hollywood Avenue Storm Sewer) 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. 67-09 (Authorizing
the application for and execution of a subcontract with the 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. 68-09 (Authorizing compliance with the requirements of the Annual Audit) 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. 69-09 (Authorizing issuance of a refund to Richard Tatus in the amount of $200 for withdrawal from the Mid-Summer Craft Show for cause) 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. 70-09 (Authorizing issuance of a refund to Betty Glenn in the amount of $200 for withdrawal from the Mid-Summer Craft Show for cause) 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. 71-09 (Authorizing issuance of a refund to Andrew J. Palermo in the amount of $200 for withdrawal of his daughter from the second session of Pier Playmates for cause) 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. 72-09 (Authorizing issuance of a refund to Wanda Bodnar in the amount of $45 for withdrawal from the CY2009 Thursday swim for the disabled for cause) 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. 73-09 (Authorizing the issuance of a special events permit to Donna DiFilippo and Angelo Sepulveda for the purpose of holding a wedding ceremony at the Rambler Road Gazebo on August 29, 2009) 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. 74-09 (Authorizing issuance of a special events permit to Jacqueline Buckman and Jeffrey R. Kelly for the purpose of a wedding ceremony at the Rambler Road Gazebo on August 27, 2009) 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. 75-09 (Authorizing
issuance of a special events permit to Karen Cover for the purpose of a
wedding ceremony on the beach at 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. 76-09 (Authorizing
the issuance of a special events permit to Plast Ukrainian Youth
Organization, Inc. c/o Melanie Nycz for the purpose of holding a bocci
ball tournament on the back beach between 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. 77-09 (Authorizing
the issuance of a special events permit to the Chrysler Owners Group for
the purpose of holding a car rally on 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. 78-09 (Authorizing the Thundermotorsports classic car cruise on September 25, 2009) 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. 79-09 (Authorizing a professional services contract with Randolph Lafferty as Municipal Prosecutor at the annual not to exceed amount of $18,000) 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 Mr. Cabrera motioned, seconded by Mr. Groon, that the taxi license of Caribbean Cab, Inc. be transferred to Caribbean Cab LLC. Vote: Gould-Abstain Cabrera-Groon-Yes Gary
Agnus, Dan
Nickerson, Mr. Groon stated that Commissioner Cabrera and the Borough Engineer are looking for short-term and long-term solutions to the problem. Mr. Groon inquired of the Engineer whether the bulkheads are designed to prevent water from “coming in.” The Engineer responded that “bulkheads are absolutely not water proof.” He added that the intention of bulkheads is to prevent wash-out of material on the landward side and that it is possible for some water to come through. He stated that it is also possible to stop the water from coming through, but it would add to the cost. The Engineer stated that he has discussed with Commissioner Cabrera, as well as Mr. Nickerson, his desire (when funds are available) to cut the old bulkhead out and re-grade some of the roadway but that the biggest problem at the present time is that the tideflex valves are not functioning which allows tide water to back-flow through the system, come up through the inlets and flood the streets very, very quickly. Mr. Groon inquired as to the reason for the tideflex valves failing, since they were installed only a couple of years ago. The Engineer responded that they are “stretched” at this point. Mr. Groon inquired if there is a short life to the systems. The Engineer responded that there seems to be a short life to them since the bulkheads were replaced in the late 1990’s and the tideflex valves were installed, and they have been replaced again in 2006. He went on to state that it is very clear they are not functioning now, and he has reviewed the situation with the Sewer Vac operator. It has been determined that there is growth in the valves. The short term fix would be to replace the tideflex valves, although that will not stop the water that comes through the bulkhead. It was his opinion that if the valves function properly and stop the back-flow, the water that comes through the bulkhead would not be a problem. He added that if there is a higher than normal high tide or a sustained high tide or blow-in tide, that could be enough water to flood the streets, but generally speaking the water coming through the bulkhead should run through to the inlet. The Engineer added that he has been requested to look at a long-term solution as well, but it was his opinion that it will be a very large expenditure. Mr. Nickerson stated that when the new bulkhead was installed in the late 1990’s, there was no fiberglass sheathing used and the water pours through. Mr. Groon inquired of Mr. Nickerson if the water is substantially different now than it was twenty years ago. Mr. Nickerson responded in the affirmative. He added that when the new boots were installed, initially it stopped a lot of water from coming up, but now it is coming up over the culverts. Mr. Groon inquired if that was the result of the failure of the boots. Mr. Nickerson responded that it was a combination of the failure of the boots and the concrete pipe it was hooked on to. Mr. Agnus stated that when they put the boots in, they put a round hole in a square and left it. He added that on Morning Glory there used to be two boots, but now there is only one. When the bulkhead was replaced, the southern-most boot was not replaced. He added that six years ago he was told that the boots failed. He was also told that they were to be replaced, but the Borough could not get them. Over that period of time, the situation has worsened. Mr.
Nickerson concurred with Mr. Angus. He added that the water runs down Wayne Wilson, 237 West Buttercup, indicated that his house faces the bay. He said that no matter what is done, if a new bulkhead is installed and the bulkheads on either side are not replaced, the water will be pushed to the side. The water comes over the bulkhead on the property next to the new bulkhead, around his house, down his driveway and into the street. He stated that he did not know what can be done to force someone to replace their bulkheads, but unless the neighboring property owners are required to replace their bulkheads, the Borough would be wasting money replacing the street-end bulkheads. The Engineer stated, “he is absolutely correct” and added that he must be very careful what he does on the Borough’s bulkhead, because he could be creating a problem on private property. Mr. Groon inquired if the Borough takes corrective action at the street-end, and the problem then moves to the neighboring property, it would then become that property owner’s problem since the Borough cannot force them to replace their bulkhead. The Engineer stated that some of the actions being requested by the property owners on the Borough’s bulkhead could potentially create problems with the neighboring properties, even if they have a good bulkhead. Mr. Groon summarized by stating that Commissioner Cabrera and the Engineer are reviewing the situation, and are looking at a short-term and a long-term solution to the problem. He asked the Engineer how long it will take for him to provide plans for short-term and long-term solutions. The Engineer stated that he wanted to mention for the record the previous statements about two outflows being replaced by one, and his assertion that everything is taken into consideration before the work is done. He added that the existing pipes were through the bulkhead at street elevation and most of them were either 8”, 10” or 12” pipes. All of the bulkheads now have at least one 18” pipe, which has more capacity than two 12” pipes. Therefore, there is more capacity now than there was previously. Mr. Groon asked the Engineer if he could have a preliminary plan back to Commissioner Cabrera in the next couple of weeks, and would then be able to have at least some type of acknowledgment of the problems. He advised the property owners that it would probably be at least a month before a final plan could be made. He acknowledged the sense of urgency, but added that the Borough would not want to rush the matter. Mr. Cabrera stated that the problem is a combination of the water coming up the culverts and the drain system since the water in all of the side streets is trying to get to the culverts. Rick Evans, 240 West Morning Glory, stated that there is a catch basin at the corner of his property and it never empties out and is always full of water. The Engineer stated that it is a siphon drain and will always hold water. He went on to state that it goes into the inlet on the east side and “bubbles up” on the west side. Basically, that will always hold water up to the elevation of the inlet, and when it rains it pushes the rest of the water out. He added that connecting it to the outfall line would be part of the long-term solution in order to get the water out faster. Mr. Evans asked if it should be checked periodically to make sure the water outflow is clear. The Engineer responded that they are checked at least twice a year, and that includes every pipe and every inlet in the Borough. Mr. Nickerson stated that he lost a car in 2004 due to flooding. Mr. Agnus said that they have all lost cars due to flooding. He presented photographs depicting the water coming up and not going down over the storm sewer drain. Mr. Cabrera responded that the photo depicts the siphon drain. Mr. Groon advised the property owners that the Borough Engineer was available for further discussion, and for them to leave a message with Mr. Cabrera if they have a specific question to ask the Engineer. Mr. Cabrera summarized the discussion by stating that he and the Engineer will look at a short-term plan to see if there is anything that can be done in the immediate future. He added that around October would be when the Borough will start planning for the 2010 capital improvements. He advised that the Commissioners will look at the long-term plan to be prepared by the Engineer and make a determination if it will be possible to do the work in 2010 or if it will have to wait for a future time. He added that it will depend upon what the costs are. Mr. Groon advised the property owners that no matter what happens, the Borough will try to move as aggressively as possible on the short-term plan, but the capital budget will have to fit since the Borough has a list and for many years things were not taken care of. Therefore, there is a priority list and the capital improvements will be priority driven. He added that one of the things the Borough is trying to do moving forward is to have a plan so that each year capital improvements are addressed on a regular basis. He added that if there is something that can be done to provide relief to the property owners in the short-term, the Borough will make every effort to do so. Mr. Cabrera asked that the property owners appoint one person as their spokesperson; that he would be happy to deal with that person. THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 80-09 (Closed session: Personnel matters; and matters of negotiation) Mr. Groon motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes Upon returning from closed session, a discussion was had regarding the Rambler Road Park Project. Mr. Groon stated that at the meeting of July 22, 2009, it was determined that the Borough was “at a crossroads” as far as getting an application in to the DEP. Revised plans were presented to the governing body for their review. Mr. Groon indicated that there were three plans for discussion. Mrs. Gould stated that the three plans basically involve the number of parking spaces. Mr. Groon responded that they also would be determined by what the governing body likes about each plan. Mr. Groon said that the one plan was the one that came out of discussions of the entire group, with a few minor changes. That plan would provide approximately 120 parking spaces. A second plan was submitted that had been suggested by Mr. Cabrera, and that plan would provide approximately 70 parking spaces. The final plan to be reviewed was one submitted after discussions with the Chief of Police. That plan would reduce the first plan by 20 spaces and would provide approximately 100 parking spaces. Mr. Groon inquired if one plan were to be submitted, could it be substituted with another plan later. The Engineer responded that it would most likely be permitted. He added that since it would not contain more impervious area (only a different layout), it would probably be permitted. Mr. Groon stated that the Borough must submit the application to the DEP quickly and opined that if a plan was not accepted at this meeting, the project would be “done” for 2009. Mrs. Gould inquired about the differentiation between two concrete areas. The Engineer responded that they are both concrete and the differences in the plans were to address some grade issues and some other things. Mrs. Gould inquired if the playground would have to be moved. Mr. Groon responded that it would not. Mrs. Gould then inquired about a turn around and asked if it was for cars. The Engineer responded that it would be for a bike turn around. Mr. Groon stated that Mr. Cabrera’s design was slightly different and it could be combined with the plan Mrs. Gould was referring to. Mrs. Gould stated that aesthetically, the first plan was much more pleasing. However, she was under the impression that additional parking was needed. Mr. Cabrera stated that the reason he was suggesting a circular drive was that he was concerned that the property owners on one end would complain that there was more parking and he was trying to balance it so there is equal parking on both sides. Mr.
Groon asked if, because of the success of the turn-around on Mr. Groon then reiterated his question as to whether to submit the “big plan” with 120 spaces, or simply utilize the smaller plan from the beginning. Mr. Cabrera stated that he preferred the bike path on the one plan more. The Engineer stated that that would not be a problem, and the two plans could be combined. He added that normally with DEP they like less parking, but they are pushing the island communities to provide more beach parking; that he was not sure he would want to show them something with more parking and reduce it later, because the DEP is especially favorable of more parking. Mr. Groon asked if other changes could be made later. It
was decided that the smaller plan would be submitted to the DEP. Mr.
Groon stated that he has discussed the parking issue with the Chief of
Police and he was agreeable to the plan. Mr. Groon questioned whether
five handicapped spaces should be reduced. The Engineer stated that in
the current plan, it was 82/18. He added that the handicapped parking
spaces could probably be reduced, but he was concerned about the DCA
grant for Mr. Groon added that some of the walkways may have to be changed to improve pedestrian flow. The Engineer responded that changing the walkways after submission to the DEP would not be an issue. Mr. Groon stated that landscaping would have to be addressed also since the craft show tents would be located in that area and some shrubbery may be needed as well as the grass. He suggested that the area be 18 feet with three or four feet of shrubbery/landscaping and then the grass. The Solicitor inquired if the Commissioners wanted to widen the walkway, should that be shown on the plan to be submitted to DEP because of the impervious requirements. The Engineer responded that he would show it wider on the plan to be submitted since he would rather show it wider and then it could always be narrowed down at a later date. The DEP would not complain about that. Mr. Cabrera inquired about the price of the concrete. Mr. Groon responded that it was his opinion that the package be put together to include everything, and then start looking at alternates which would key on what the price of the concrete would be. It was his opinion that the Borough should be “in good shape” with the reduction in size, as well as the possibility of receiving grant funding. Mr. Groon stated that it was his opinion that the lighting should be incorporated into the entire walkway on the east side of the bikepath between the dunes and the bikepath. He suggested that that project could be an alternate depending upon funding. He indicated that he was not advocating an increase in the project, but did want to include the lighting in the application in order to avoid having to return to the DEP for additional approvals. He added that he was advocating low lighting. Mr. Cabrera inquired if the lighting has to be on the east side of the bikepath. Mr. Groon responded in the affirmative. The Engineer stated that it should be consistent without the entire path. Mr. Groon added that if it is not on the east side, the lighting would have to be on the bikepath itself. Mr. Cabrera inquired if the electric could be run underneath the bikepath. The Engineer responded that it would not be a problem. Mr. Cabrera asked what Mr. Groon meant by “low level lighting.” The Engineer responded that it would be overhead lighting, but a lower wattage. Mr. Groon added that it would be similar to what is already in place. Mr. Cabrera stated that what is in place now is “up.” Mr. Groon clarified that Mr. Cabrera was referring to ground level lighting, and asked if that would require more lights. The Engineer responded that it would require more lights, and would be cheaper to go with overhead lights. Mr. Cabrera stated that he envisioned lighting the bikepath itself with lit pavers as opposed to overhead lights. The Clerk questioned whether that would generate enough light. Mr. Cabrera stated that it is already lit from overhead. Mr. Groon said that if Mr. Cabrera’s suggestion would not require additional approvals, he suggested putting overhead lighting in the application and it could be changed at a later date if necessary. Mr. Cabrera stated that several years ago when he and former Commissioner Matt Tomlin were looking at the bikepath, the lights could not be put in the middle of the block because the motel owners were complaining about having a light pole in front of their motels. That was why they ended up at the street ends. Mr. Groon reiterated that the plan can be changed at a later date, and that this would only be a “work sketch.” The Engineer added that the permit will be good for five years. Mrs. Gould interjected that there are some beautiful solar lights and asked if that would be an option. The Engineer responded that they could be considered, but financially those lights are much more money up front but then there would be no electric bills in the future. Mr. Groon interjected that a bollard would not be a bad idea. Mr. Cabrera asked if he was referring to low level lights. Mr. Groon responded in the affirmative, adding that he likes low level lights. He reiterated that they must be on the east side of the bikepath. The Engineer advised Mr. Cabrera with regard to bollard lights that they are often prone to vandalism. Mr. Cabrera indicated that he did have that concern. Mr. Groon asked if the governing body could agree to at least make the application for lighting on the east side of the bikepath. Mrs. Gould responded in the affirmative. Mr. Groon continued that as a worst case scenario, it would be an alternate. He added that at a future time the governing body can have another discussion as to what type of lighting would be best. The
Engineer inquired if the wash stations were out. Mrs. Gould responded
that she did not want them. Mr. Groon stated that it was his opinion
that it was a mistake not putting them in the application. Mr. Cabrera
asked if Mr. Groon was referring to the application for the The next matter for discussion was the looping of the water lines request from Wildwood Water Utility. The
Clerk indicated that the Wildwood Water Utility had made another request
for the ability to loop the water lines east of the beach bulkhead
locations south of The Solicitor stated that she was aware that the water utility was not permitted to collect non-resident development fees for looping of the lines. Mr. Groon added that they had collected approximately $150,000 from developers along the beach in Wildwood Crest in anticipation of doing the project. He added that they will now have to return the money to those individuals. Mr. Cabrera inquired if Wildwood Water Utility ever gave any specific engineering report or study as to how they would go about doing the looping. Mr. Groon responded that they had not. The Engineer added that should the Borough agree, the water utility would need an easement, as well as the issue of going through the bulkheads. Additionally, he indicated that if the Borough should ever start to lose beach, it could be a huge problem. He added that the governing body could certainly request an engineering report from the water utility. Mr.
Groon stated that his question would be that the Borough’s Engineer,
and the City of The Clerk stated that the question was decided on May 2, 2007 in a letter signed by the members of the governing body and addressed to the water utility, indicating that the “ISO water flow requirements can be met by providing increased main sizes from Atlantic Avenue. Because the new multi-family structures are fully sprinkled, the flow requirements calculated are much less than for non-sprinkled buildings. The complaints you provide did not indicate any significant water quality issues and since you readily admit that you do not do laboratory tests at the main ends, there were no test on which to substantiate your claims as to quality of the water. Water main extensions would be through the mains.” He indicated that he was not aware if the governing body’s opinions had changed since 2007. Mr. Groon stated that he was aware that the water utility was under a time constraint because of some audit issue involved. The Clerk stated that the authority to collect those development fees should have been predicated upon approvals from the Borough . The Engineer stated that he was aware that there were a couple of properties where the lines had been looped on the west side of the bulkhead. The Clerk asked the Engineer if he had any information or recommendations different than what necessitated the decision on May 2, 2007. The Engineer responded that he did not. Mr. Groon inquired if there was a consensus of opinion. Mr. Cabrera stated that his position had not changed from 2007, but if there was an opportunity to negotiate and get something in return and minimize the impact he may change his mind. However, if now is not the time, then perhaps it could be addressed later. Mr. Groon responded that now is not the right time, and when a third party who needs the water is at the table, that is when he would negotiate. He added that it was his opinion that the Borough “hold the line.” All agreed to reiterate prior position sent to Wildwood Water Utility. 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: August 26, 2009 Kevin M. Yecco, Borough Clerk |
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