Minutes of Commissioners Meeting   -   November 22, 2010

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 Municipal Court Room at 7:00 p.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, the Herald and The Press on October 23, 2009.

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1110 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. 1110

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENTS TO VARIOUS MUNICIPALLY OWNED PROPERTIES, INCLUSIVE OF THE ACQUISITION/INSTALLATION OF PUBLIC SAFETY EQUIPMENT AT VARIOUS LOCATIONS AND APPROPRIATING THEREFOR THE AMOUNT OF $100,000 FROM GENERAL CAPITAL FUND BALANCE

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1110.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1110 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1110 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. 1111 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. 1111

AN ORDINANCE AMENDING SECTIONS 3(b) AND 3(d) OF THE BOROUGH OF WILDWOOD CREST ORDINANCE NO. 1092, ADOPTED FEBRUARY 10, 2010, AUTHORIZING VARIOUS IMPROVEMENTS WITHIN THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1111.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1111 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1111 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1112 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. 1112

BOND ORDINANCE APPROPRIATING $1,575,000, AND

AUTHORIZING THE ISSUANCE OF $1,499,800 BONDS OR

NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1112.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1112 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1112 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1113 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. 1113

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 37, GARBAGE, RUBBISH, SOLID WASTE MANAGEMENT, ARTICLE I, SECTION 37-9, SCHEDULE OF COLLECTIONS, NUMBER OF PICK-UPS, AND ARTICLE II, BULK TRASH, SECTION 37-12, REMOVAL OF BULK TRASH, SECTION 37-18, COLLECTION OF RECYCLABLE MATERIALS, SUBSECTIONS C(1) AND C(3), AND AMENDING ORDINANCE NO. 841 ADOPTED MARCH 16, 1998

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1113.

Vote:          Gould-Cabrera-Groon-Yes

Nancy Pietropaoli, 6002 Seaview Avenue , inquired if the new trash schedule had been distributed. The Clerk responded that it would not be distributed until the ordinance was adopted. Mrs. Pietropaoli inquired if the new schedule would be mailed to residents. The Clerk responded that that was the intent. Mr. Cabrera added that it will be mailed, posted in the newspapers, placed in the 2011 municipal calendar and on the Borough’s website. The Clerk added that there would also be a press release.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1113 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1113 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1114 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. 1114

AN ORDINANCE TO AMEND AND SUPPLEMENT SECTION 46-5.1, GROUP INSURANCE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, AND AMENDING ORDINANCE NO. 600 ADOPTED MARCH 19, 1985, ORDINANCE NO. 866 ADOPTED FEBRUARY 23, 2000 AND ORDINANCE NO. 1082 ADOPTED NOVEMBER 23, 2009

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1114.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1114 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1114 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. 1115

ORDINANCE AMENDING A BOND ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY , HERETOFORE ADOPTED ON JULY 8, 2009 (#1077)

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1115 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 8, 2010 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported that he had provided to each of the members of the governing body information regarding the PBA successor agreement, and indicated that if any discussion was necessary, such discussion should be held in closed session. He inquired of the governing body whether there were any questions or discussion necessary. All indicated no issues with the agreement. Therefore, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 385-10

(Authorizing approval and execution of the PBA “Memorandum of Agreement” as well as the PBA successor collective bargaining agreement, retroactive to January 1, 2010 and expiring December 31, 2012)

Prior to motion and vote, Mr. Cabrera inquired if the CFO had had the opportunity to review the proposed agreement. The Clerk responded that he was intricately involved in the negotiation process and was fully aware of and on-board with the contents of the memorandum of 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. 386-10

(Authorizing re-appointment of Planning Design Collaborative as COAH Round III Housing Element and Fair Share Planning Consultant at the not to exceed amount of $10,000)

Prior to the motion and vote, Mrs. Gould inquired as to the status of COAH. Mr. Groon responded that it was his understanding that COAH is in the process of being phased out, with the responsibilities to be turned over to another state agency. He added that COAH will not be going away. The Clerk added that the Mt. Laurel decision will not be negated as to the requirements for affordable housing. Mr. Groon added that the Borough has one remaining issue to be resolved, that being the vacant land analysis.

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. 387-10

(Authorizing refund of tax overpayment in the amount of $1,249.91 for 103 East Palm Road )

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. 388-10

(Authorizing refund of tax overpayment in the amount of $1,295.15 for 7601 Atlantic Avenue )

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. 389-10

(Authorizing shared services agreement with the County of Cape May for records recovery center electronic data storage)

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. 390-10

(Authorizing Sunset Lake Hydrofest to be held October 1-2, 2011)

Prior to the motion and vote, Mrs. Gould inquired as to how many years the Hydrofest had been held in Wildwood Crest. Mr. Cabrera estimated that it had been held since 2001. Mrs. Gould stated that according to the minutes of the Tourism Commission, the Hydrofest sponsors had requested the sum of $15,000 from the Borough. Mr. Cabrera concurred. Mrs. Gould stated her opinion that after so many years of holding the event, the Hydrofest sponsors should now be self-sufficient for funding. Mr. Cabrera stated that at the last meeting of the Tourism Development Commission, there seemed to be a consensus to award some dollars, but it was his opinion that the entire amount requested was not “on the table.” There had also been discussion regarding the benefits to the community and the island.

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

Vote:          Gould-Abstain                                         Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 391-10

(Authorizing advertisement of Notice to Bidders for various roofing improvements on municipal buildings with bid receipt date of December 14, 2010)

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

Prior to the vote, Mr. Cabrera inquired if the next resolution was a part of the pending resolution. The Clerk responded that it was not.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 392-10

(Authorizing advertisement of Notice to Bidders for West Side Drainage, Phase 2 [ Washington Avenue and Public Works Garage area], with bid receipt date of December 14, 2010)

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. 393-10

(Authorizing advertisement of Notice to Bidders for one Model Year 2011 30-yard split body packer truck, with bid receipt date of December 16, 2010)

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. 394-10

(Authorizing refund in the amount of $400 to Anna Strzempek for duplicate ambulance transport overpayment)

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. 395-10

(Authorizing refund in the amount of $400 to Maureen Cawley for duplicate ambulance transport overpayment)

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. 396-10

(Authorizing adoption of the Cape May County Multi-Jurisdictional All Hazards Mitigation Plan)

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. 397-10

(Authorizing issuance of a Special Events Permit to Greater Wildwood Jaycees for the purpose of holding a Christmas Parade on December 3, 2010)

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

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera commented that the Borough of Wildwood Crest will be participating with a piece of equipment in the Christmas parade. The Superintendent confirmed that the new sewer truck would be decorated for the parade.

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending October 31, 2010 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held October 20 and November 3, 2010, as well as the closed session minutes of November 3, 2010, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

The first matter for discussion was the Phase 2 Rambler Road Park Project. Mr. Cabrera inquired as to the timeframe for the grant funds. The Engineer responded that the DOT grant is August 2011 (to be under contract), the DCA grant is May 2011 (to have the money spent). The Clerk inquired as to the circumstances should the Borough be ready, willing and able to proceed, but receives no authorization for the CAFRA permit. The Engineer responded that the DCA would probably grant an extension. Mr. Groon inquired as to updated information regarding costs for building a new gazebo. The Engineer responded that he had received information from the architect that a pre-fab replacement gazebo would be less than $75,000. He added that the roof alone, based on the last bid, was $62,000. He stated that it was based on a 32’ octagonal structure intended for the roof to match the roof on the bike rental building. Mr. Cabrera inquired if that price included site work. The Engineer responded that it does not, but does include the roof columns, footings and concrete deck. Mrs. Gould asked what the proposed gazebo looks like. The Engineer responded that it was like the sketches previously submitted.

Mr. Cabrera suggested that the minimum work be done to utilize the pending grant funds in order that the Borough does not lose those funds. It was his opinion that the proposed $1.4 million was too much at this time. Mr. Groon stated that his question was with Phase 2, the $500,000 proposal. The Engineer stated that a few items could easily be trimmed in order to pay for the pre-fab gazebo. For example, the parking reconfiguration on Rambler Road would be approximately $75,000. There was further discussion with the Engineer with regard to costs for proposed items to be included in the project.

Mr. Cabrera suggested prioritizing the project. He asked if bikeway safety was the number one issue, and if so, that should be the first thing done. If it is the bathrooms, that should be done. The Engineer stated that if the grant funds are looked at, the bikeway grant is based on bikeway safety improvements. Mr. Groon stated that it had already been decided that the bathrooms are a priority since the current bathrooms are inadequate. Mr. Cabrera stated that there are pre-fab structures for that purpose. Mr. Groon stated that it was his opinion that the grant funds could not be used for a “temporary” structure. Mr. Cabrera stated that his focus was the Crest Pier roof and to just do whatever is needed to improve the area. He reiterated his suggestion to scale the project back to utilize only the funds available. The Engineer interjected that that’s how the application for the DCA grant was submitted. The DCA could decide to provide no funding at all if a pre-fab trailer is brought in for bathrooms. He suggested requesting a determination from the DCA before any final decision is made. Mr. Cabrera inquired if any part of the bike path is DCA eligible. The Engineer responded that a small portion is.

Mrs. Gould inquired if the gazebo can be left “as is” for 2011 if the bike rental stand and the bathrooms and the widening of the bike path are done. The Engineer responded that as far as the funding agencies are concerned, it does not have to be done. He added that logistically, it would be possible to do the other work and not do the gazebo, although it would be “tight.” He went on to state that there is work to be done “in house” to rehab it, or at least have a plan to do the work since it could be a liability issue for the Borough.

The Engineer added that he estimated that the project would have to be approximately $1.0 million in order to spend all of the grant funds. Mrs. Gould inquired as to how much of that $1.0 million would be grant funds. The Engineer responded it would be approximately $574,000.

Mr. Cabrera summarized the conversation as follows: for $1.0 million, the Borough would be getting a new bike rental building, new bathrooms, the site work, the existing gazebo remains at the current site, the bike path will be widened with new concrete for three blocks, and lights. Mr. Cabrera inquired as to the playground. The Engineer responded that it would remain where it is. Mr. Cabrera added that the Borough’s share of the $1.0 million would be approximately $400,000. The Engineer responded is would be approximately $425,000. Mr. Cabrera then stated that it would leave an additional $600,000 to put toward the Crest Pier roof. He stated that if that is the case, he would agree to the plan, so long as it comes in at $1.0 million or less.

The Clerk inquired if everyone agreed with Mr. Cabrera’s position. Mrs. Gould concurred. Mr. Groon suggested that the Engineer research the numbers, but he agreed with the $1.0 million spending limit.

The next matter for discussion was the library renovations. The Clerk reported that he received direction from the County that they are interested in continuing pursuit of the option that the Borough has presented for the library. The County has also indicated that improvements to the traffic lights on New Jersey Avenue (Aster, Cardinal, and Sweet-briar Roads respectively) will be provided by the spring of 2011.

With regard to the UEZ administrative charges, the Clerk indicated that the matter would be discussed in closed session. However, he did state that there are some differences of opinion with regard to the financial issues in terms of what each of the municipalities “allegedly” owe the City of Wildwood for UEZ administrative charges.

The next matter for discussion was the Ambulance Corps building. The Clerk reported that he had received from the Mayor information concerning the status of the Wildwood Crest Volunteer Ambulance Corps concerning their mortgage and ownership of the ambulance corps building situated at 9300 Pacific Avenue . He stated that there needs to be confirmation from the Volunteer Ambulance Corps in writing that they are relinquishing all interest and ownership rights with regard to the building and equipment. Additionally, should the Borough receive such confirmation, the next step would be to adopt an ordinance and set money in place to resolve that acquisition and pay off of any outstanding mortgage. The Solicitor stated that there is already in the deed an automatic reversion of the building back to the Borough. Additionally, the Borough is a co-signer on the mortgage. She confirmed that the Borough will need written confirmation from the ambulance corps of their intentions. The Solicitor was instructed to contact the appropriate Volunteer Ambulance Corps members to obtain such confirmation.

With regard to the 2011 capital budget, Mr. Groon inquired as to the Crest Pier roof project, and asked Mr. Cabrera if he would be providing a timeline on that project. Mr. Cabrera responded in the affirmative. Mr. Groon suggested the first meeting in January to have a recommendation from Mr. Cabrera as to the roof project. Mr. Cabrera concurred.

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

Vote:          Gould-Cabrera-Groon-Yes

Dated:        December 24, 2010

Kevin M. Yecco, Borough Clerk