Minutes of Commissioners Meeting   -   March 24, 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.

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1094 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. 1094

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2010 PURSUANT TO N.J.S.A. 40A:4-45.14

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1094.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1094 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1094 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. 1095 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. 1095

A CAPITAL ORDINANCE PROVIDING FOR THE PURCHASE OF VARIOUS PIECES OF EQUIPMENT TO BE UTILIZED BY THE DEPARTMENTS OF PUBLIC SAFETY AND PUBLIC WORKS AND APPROPRIATING THEREFOR THE AMOUNT OF $200,000 FROM CAPITAL IMPROVEMENT FUND

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1095.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1095 be closed.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1095 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. 1096

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22, CONSTRUCTION, ARTICLE 1, UNIFORM CONSTRUCTION CODE, SECTION 22-3, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1084 ADOPTED NOVEMBER 23, 2009

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1096 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 14, 2010 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 236-10

(Authorizing cancellation of uncommitted improvement authorization, pursuant to Ordinance No. 1077 – Sanitary/Storm Sewer improvements, in the amount of $1,864,431)

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. 237-10

(Authorizing creation of the “Centennial Committee” and supporting the events and activities sponsored by said committee)

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. 238-10

(Authorizing reduction of vendor fees in conjunction with all “Centennial” celebrations held during calendar year 2010 to $50)

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. 239-10

(Authorizing Junkin’ Jones to continue as the “scrap metal hauler” for the Borough)

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. 240-10

(Authorizing rejection of the sewer jet/catch basin cleaner bid previously received)

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. 241-10

(Authorizing tax refund, due to overpayment in the amount of $1,699.77 for property situated at Block 96.03-1-C0402)

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. 242-10

(Authorizing issuance of a special events permit to the New Jersey Beach Buggy Assoc. for a fishing tournament to be held during the weekend of October 8-10, 2010 on the beach at Rambler Road )

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. 243-10

(Authorizing issuance of a special events permit to the Douglas Raucci Forget-Me-Not Foundation for a walkathon to be held on Saturday, April 17, 2010 at the Fern Road fitness Park or other recreation area)

Prior to the vote, the Engineer advised that the Fern Road Fitness Park would be under construction on the requested date. It was decided that if the Fern Road Fitness Park was not available on that date, authorization would be provided for the event to take place at the Crest Pier parking lot area, or any other designated recreational area.

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. 244-10

(Authorizing signatories on the Borough’s Tax Collector (Graff) Lien Redemption Account)

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 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 February 28, 2010 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held February 24, 2010 and March 10, 2010 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

Mike Catoggio and Vivian Catoggio, 7100 Ocean Avenue , inquired as to the health and safety issue of living in the Ocean Place Condominium during the on-going construction. He indicated that he had spoken to the State Housing Inspector, who advised that the building should not be occupied. Mr. Groon responded that the only relief provided to the Condominium Association by the governing body was the ability to extend the hours of construction in order to expedite the project. He added that any health issue would be a matter for the Condominium Association and the County Board of Health. Mr. Catoggio stated that he spoke to the Construction Official, who advised that it was his understanding that the construction permit had been issued out of Wildwood “with no occupancy.” The Clerk inquired if Mr. Catoggio had spoken to the Association representatives. Mr. Catoggio responded that he had, and they had indicated that he was told “you can live in it if you want to.” Recently, he received a letter from the Association advising that they were offering $1,000 not to stay in the building between March 10^th and April 12^th. He was advised that the Borough’s involvement was limited to an attempt to expedite the process by extending hours of work, and any relief to be sought would be through the Association. Mr. Catoggio asked if the Borough could confirm if the permit was issued “with no occupancy.” He was advised that the Borough would follow up on that and advise him accordingly.

There being no further public comments, the next matter for discussion was the UCC carry-over inspections. The Clerk reported that he had received no response from the City of Wildwood to his inquiries. He indicated that he would coordinate further action through the Borough’s Solicitor.

The Clerk reported that no response had been received from the Borough of West Wildwood regarding the 9-1-1 dispatch contract. He added that the Borough’s Solicitor would be contacting West Wildwood’s Solicitor. Mr. Groon indicated that he was forced to place the funds in the 2010 budget since no response had been received from West Wildwood and the Borough is unable to “anticipate” those funds.

With regard to the beach maintenance project, the Clerk reported that significant progress had been made by the contractor and that the areas that were required to be completed within certain timeframes as established by the DEP were met. The Engineer reported that the contractor is nearing the southern municipal division line and it should be reached by Friday, March 26^th. After that date, he would be touring the beach with the contractor and after that he would be addressing any final, remaining issues. He added that the Public Works Department had been doing an outstanding job of site clean-up. Mr. Cabrera, next addressing north of Rambler Road ,  inquired if it would be possible to start installing snow fencing. The Engineer responded that it was proposed to install snow fencing twenty feet waterward of the existing well established dunes to encourage them to expand in order to keep the back beach elevated. Mr. Cabrera stated that it was his concern that the beach is presently at grade, and in order to keep the back beaches elevated, the snow fencing and beach grasses must be installed soon. Mr. Groon expressed concern about proceeding without specific approval from the DEP. The Engineer stated that he would reach out to the DEP to obtain their written approval of that component.

Mr. Groon reported regarding the Master Plan Reassessment that Mr. Cabrera had provided comments on the recreation aspect of the plan. The Planner will be in the Borough in mid-April to finalize the first phase and to begin to start the process of rewriting that segment of the Master Plan.

With regard to the Rambler Road Park Project, the Clerk reported that he had provided to each of the Commissioners a cost estimate for the improvements as well as the revised plans. Mr. Cabrera stated that at the last meeting he had promised that he would provide detailed suggestions. He stated that the discussion of the parking lot, parks, improvements to the bikepath and the buildings had commenced several years ago and the plans were concluded in 2009 with funding being set in place for the project. In 2010 the Borough is slated to commence paying back the funds that had been put in place. The project is $1.6 million, of which $550,000 was being funded through grant monies from the State of New Jersey . It was his contention that the project is important, viable and necessary, and it was his opinion that the Borough had lost sight of the miscellaneous revenues that could be generated through the completion of the project. He had spoken with the Engineer, and it appears that the project could come in at or slightly below budget, as well as the additional revenue sources. He identified the revenue sources as the parking lot income, as well as a possible concession stand to be rented out in the vicinity of the Nesbitt Center . He went on to state that the CFO has advised him that the Borough’s debt on this project is roughly $1.71 million. With the proposed revenues, not counting the bicycle stand revenues, the project would be paid for in fourteen years. He stressed that the Borough must think about the future, about handicapped accessibility to the beach and about beautifying the area. The Engineer stated that it was his understanding that the total principal and interest on the project was $1.4 million. The Clerk concurred, stating that it would be approximately $100,000 per year added to the debt service, and that was a decision to be made by the governing body. He added that it was a possibility that the state would impose a “hard” 2.5% cap in 2011, with no exceptions, debt service included, which would be difficult to stay within and that infrastructure improvements may be more pressing, as a use for the money. The Engineer stated that he spoke with the Public Safety Traffic Maintenance personnel about parking meter revenues from that area, and was advised that the meters in the area are emptied once per week and hold approximately $60 each time. Utilizing those numbers, he estimated that each parking space would generate $750.00 per season.

Mr. Groon inquired how the building renovations are now approximately $450,000 when that was the estimate for the bathrooms alone last year. Mr. Cabrera responded that the estimate was an add-on to the Nesbitt Center renovations. At this point, the intention would be to take the Nesbitt Center ’s current storage area and turn it into the improved bathrooms, as opposed to building a new structure. The Engineer stated that this proposal did not show on the plans because it was suggested only in the last couple of days. He added that there is sufficient room for the bathrooms, as well as for a concession and a small space for tourism. The Clerk inquired about the DCA grant for the ADA project, asking if the Borough must be under contract by September 2010. The Engineer responded that it was his understanding that the Borough must be under contract by September 15, 2010 and have the money spent by December 2010. The Clerk stated that time is of the essence. The Engineer added that he would have to submit a CAFRA permit application. The Clerk indicated that there was $250,000 for the bikepath portion that can be utilized, and ADA grant funds as well.

Mr. Groon inquired as to the cost of the asphalt parking lot. The Engineer responded that for the asphalt alone, it was approximately $200,000.

Mrs. Gould suggested doing the bathrooms, the Nesbitt Center and possibly the parking lot. She indicated that she was not in favor of a food concession. She added that the bathrooms are necessary, but thought the rest of the project was “out of control.” She said that she would like to see the parking lot done if it was feasible. Mr. Cabrera disagreed with Mrs. Gould’s assessment, indicating that a concession in the area would provide additional revenues to the Borough.

The Clerk reminded the governing body that there were three grants dependent upon this project moving forward in some manner. The Engineer suggested a special meeting to make a final determination in order to be able to move the project forward in a timely manner.

Mr. Groon inquired as to the type of repairs being anticipated for the beach patrol building and the bicycle stand. The Engineer responded that the beach patrol building renovations included the exterior and considerations to the roof. He added that any of the buildings on that site could use exterior renovations. Additionally, they were contemplating metal roofs on those buildings.

Mr. Groon suggested that the Commissioners independently list their issues, in writing, and provide them to the Clerk/Administrator by Monday or Tuesday of the following week, perhaps that would assist in expediting the process. Mr. Cabrera and Mrs. Gould concurred. The Clerk summarized that it should be consideration of the concession stand, parking lot, landscaping, all configurations in the Nesbitt Center . The Engineer cautioned the governing body to not just consider the landscaping as beautification, since he will need to improve the soil which would be required by the DEP. Mrs. Gould inquired as to the exact location of that work. The Engineer responded that the bulk of the soil improvement is between Primrose to Lotus Road .

Mr. Catoggio stated that he was in favor of a Dairy Queen at the location.

There being no further matters for discussion, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 245-10

(Close session – for personnel matters, specifically to discuss a potential borough-wide layoff plan)

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

Vote:          Gould-Cabrera-Groon-Yes

Upon returning from closed session, the purpose for which was the development of a potential “borough-wide” layoff plan, there being no further matters to discuss, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

Dated:        April 28, 2010

Kevin M. Yecco, Borough Clerk