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Minutes of Commissioners Meeting   -   April 13, 2011

Note:  Complete Meeting Appears on CD #07-11 and #08-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office April 13, 2011
Wildwood Crest, NJ

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 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, the Herald and The Press on November 29, 2010.

 

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. 1123 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. 1123

AN ORDINANCE AUTHORIZING THE BOROUGH OF WILDWOOD CREST TO CONTRACT WITH THE WILDWOOD CREST VOLUNTEER FIRE COMPANY NUMBER ONE, A/K/A WILDWOOD CREST VOLUNTEER FIRE COMPANY #1, PURSUANT TO THE PROVISIONS OF N.J.S.A. 40A:14-68

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1123.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1123 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1123 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. 1124 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. 1124

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, ARTICLE II, PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-8.2, CROSSWALKS AND SECTION 79-32.2, SCHEDULE IB; ARTICLE V, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTION, SECTION 79-15, STOP INTERSECTIONS DESIGNATED AND SECTION 79-39, SCHEDULE VIII; AND ARTICLE IX, TURN PROHIBITIONS, SECTION 79-27, PROHIBITED RIGHT TURNS ON RED SIGNAL AND SECTION 79-47, SCHEDULE XVI

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ord. No. 1124.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1124 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1124 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. 1125 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. 1125

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 79, VEHICLE AND TRAFFIC, ARTICLE II, PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING AND TIME LIMIT PARKING, SECTION 79-3.1, PARKING RESTRICTED AT ALL TIMES, 79-32.1 SCHEDULE IA AND SECTION 79-7, HANDICAPPED PARKING

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1125.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1125 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1125 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. 1126

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, ORDINANCE NO. 1082 ADOPTED NOVEMBER 23, 2009, AND ORDINANCE NO. 1114 ADOPTED NOVEMBER 22, 2010

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1126 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 11, 2011 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 504-11

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

 

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

 

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

 

WHEREAS, a resolution authorizing the Borough of Wildwood Crest to apply for the 2009 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Board of Commissioners to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

 

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey that the Borough of Wildwood Crest hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection, and designates Joseph Bond, Recycling Coordinator, to ensure that the application is properly filed; and

 

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant shall be deposited into an account to be used solely for the purposes of recycling.

 

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. 505-11

 

RECYCLING TAX IDENTIFICATION STATEMENT

 

WHEREAS, the Recycling Enhancement Act, P.L. 2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility; and

 

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, chapter 311, in 2010 in the amount of $12,790.44. Documentation supporting this submission is available at 6101 Pacific Avenue, Wildwood Crest, New Jersey 08260, and shall be maintained for no less than five (5) years from this date.

 

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. 506-11

Authorizing Sale of Surplus Property No Longer Needed

For Public Use on an Online Auction Website

 

 

WHEREAS, the Board of Commissioners has determined that the items listed on the attached Schedule “A” is property no longer needed for public use; and

 

WHEREAS, the State of New Jersey permits the sale of surplus property no longer needed for public use through the use of an online auction service, pursuant to the Local Unit Electronic Technology Pilot Program and Study Act, P.L. 2001, c.30; and

 

WHEREAS, the Borough of Wildwood Crest has received authorization from the State of New Jersey, Department of Community Affairs, Division of Local Government Services, to conduct an online sale of property no longer needed for public use; and

 

WHEREAS, the Borough of Wildwood Crest is in possession of the property listed in Schedule “A,” attached to this Resolution, and desires to sell this property online;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that said items are hereby declared surplus property, to be forthwith advertised for public sale pursuant to the provisions of N.J.S.A. 40A:11-36; and

 

BE IT FURTHER RESOLVED that said materials shall be sold at a public sale to the highest bidder through a contracted government on-line auction service, GovDeals, Inc. There will be no minimum bid requirement for these items, but the Borough of Wildwood Crest reserves the right to reject any and all bids; and

 

BE IT FURTHER RESOLVED that a Notice of On-Going Public Sale of Surplus Property be published one (1) time in The Herald of Cape May County edition of April 20, 2011.

 

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. 507-11

 

Resolution Authorizing the Borough of Wildwood Crest to Enter into an Agreement with MWM, INC., M. W. Mitchell, Inc., and Michael Mitchell, Individually

 

WHEREAS, the Borough of Wildwood Crest and MWM, Inc., M. W. Mitchell, Inc., and Michael Mitchell, Individually (hereinafter Developer/Owner), have determined it to be in the best interest of both parties to execute a written agreement that delineates certain rights and obligations of the parties thereto concerning their respective interests; and

 

WHEREAS, Developer/Owner was the previous owner of real property located in the Borough of Wildwood Crest known as 6100 Park Boulevard; and

 

WHEREAS, said premises have been conveyed by Developer/Owner to James G. Mikula; and

 

WHEREAS, prior to the transfer of ownership by Developer/Owner, and as a condition of the issuance of a CAFRA permit in accordance with a letter of authorization dated February 9, 2009, Developer/Owner agreed to improve the street-end at Rosemary Road, and the requirement to improve said street-end was an obligation of Developer/Owner for public pedestrian access to which the Borough agreed to allow by transfer of obligation of Developer/Owner to the site known as Rosemary Road Park; and

 

WHEREAS, the Borough of Wildwood Crest, by Resolution dated August 13, 2008, approved the proposed plan of improvements and public access at the Rosemary Road Park, which approval permitted Developer/Owner to transfer its public access obligation from 6100 Park Boulevard to Rosemary Road Park; and

 

WHEREAS, all costs associated with or incurred for the improvements were to be borne by Developer/Owner, with no costs or expenses to the Borough of Wildwood Crest, which costs were agreed to be $30,000; and

 

WHEREAS, Developer/Owner defaulted on the obligation to improve the street-end at Rosemary Road Park and subsequently transferred the real property known as 6100 Park Boulevard without complying with the obligation for pubic pedestrian access; and

 

WHEREAS, Developer/Owner also caused damages to the bulkhead at the bay street-end at Cardinal Road in the amount of $20,900, which damage was to be repaired at the sole cost of and by Developer/Owner as set forth in a notice which was received by Developer/Owner on April 7, 2008, and which damage to date remains unrepaired; and

 

WHEREAS, the Borough of Wildwood Crest and Developer/Owner are desirous of resolving these outstanding issues without further legal consequences.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

1.      All of the statements of the preamble hereto are incorporated herein by reference  as if the same were fully set forth.

2.      That the agreement to be executed by both parties, as a result of all conditions set forth herein above, be and the same is hereby approved.

3.      The Mayor and Borough Clerk be and they are hereby authorized to execute the Agreement with MWM, Inc., M.W. Mitchell, Inc., and Michael Mitchell, Individually, for the resolution of issues between the parties relative to matter as set forth above, a copy of which Agreement is annexed hereto and incorporated herein as Exhibit “A.”

 

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. 508-11

 

WHEREAS, on March 15, 2011 ,  JASON COLEMAN , 153 Tomlin Ave. , Villas, NJ 08251 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 18, 2011 ,  from 2:00 p.m. to 5:00 p.m. at the Heather Rd. Beach Pier. ; and

                                                                                                                                               

WHEREAS, JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 for the purpose of a WEDDING to be held on June 18, 2011 , from 2:00 p.m. to 5:00 p.m. at the Heather Rd. Beach Pier.

 

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. 509-11

 

WHEREAS, on March 11, 2011 ,  MIDDLE TWP. ELEMENTARY SCHOOL #2 , 101 W. Pacific Ave. , Cape May Court House, NJ 08210 , applied for a Special Events Permit for the purpose of a BEACH DAY   to be held on June, 1, 2011 ,  from 9:30 a.m. to 2:00 p.m., with a rain date of June 2, 2011, on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS, JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 for the purpose of a WEDDING to be held on June 18, 2011, from 2:00 p.m. to 5:00 p.m. at the Heather Rd. Beach Pier.

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. 510-11

 

WHEREAS, on March 14, 2011 ,  SANDMAN SCHOOL , 838 Seashore Rd. , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a SIXTH GRADE BEACH DAY   to be held on June 3, 2011 ,  from 7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2011 on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS, JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to JASON COLEMAN, 153 Tomlin Ave., Villas, NJ 08251 for the purpose of a WEDDING to be held on June 18, 2011, from 2:00 p.m. to 5:00 p.m. at the Heather Rd. Beach Pier.

 

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. 511-11

 

WHEREAS, SPENCER MASON, 24 Pleasant Street, Chester, CT 06412 was transported on July 17, 2010 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, SPENCER MASON was billed $500.00 for said service and submitted payment in the amount of $500.00 to the Borough of Wildwood Crest; and

 

WHEREAS, SPENCER MASON’s insurance provider also made payment in the amount of $353.63 to the Borough of Wildwood Crest for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $353.63 to SPENCER MASON, 24 Pleasant Street, Chester, CT 06412 for said duplicate payment.

 

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. 512-11

 

WHEREAS, JOHN C. VANCE, 4121 Burns Road, Mechanicsburg, PA 17055 was transported on June 7, 2010 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, JOHN C. VANCE was billed $500.00 for said service and submitted payment in the amount of $100.00 to the Borough of Wildwood Crest; and

 

WHEREAS, JOHN C. VANCE’s insurance provider also made payment in the amount of $400.00 to the Borough of Wildwood Crest for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $100.00 to JOHN C. VANCE, 4121 Burns Road, Mechanicsburg, PA 17055 for said duplicate payment.

 

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. 513-11

 

SUBJECT:            A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 2-FINAL.

                              CONTRACT #1 = REMOVAL & REPLACEMENT OF AMBULANCE CORPS BUILDING ROOF

 

 

WHEREAS, Gen II Contracting, Inc. of Clarksburg, New Jersey has satisfactorily completed the contract for the project known as Contract #1 Removal & Replacement of Ambulance Corps Building Roof; and

 

WHEREAS, during the course of completing the project, certain additions, as well as framing/structural repairs were required as indicated on Change Order Number 1 – FINAL, increasing the contract amount by $1,796.25; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 2 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 1 – FINAL, increasing the total contract amount to $34,121.25 and Estimate Certificate Number 2 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Gen II Contracting, Inc. be made thereon.

 

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. 514-11

 

Resolution Urging the Swift Passage of A-3430, A-3431, and A3432

 

WHEREAS, injuries that occur on sidewalks that abut commercial property are the responsibility of the commercial property owner; and

 

WHEREAS, courts have ruled that injuries that occur on sidewalks that abut residential property are not the responsibility of the homeowner even when the homeowner is responsible for the maintenance and repair of the sidewalk by municipal ordinance; and

 

WHEREAS, courts have ruled that the municipality, not the homeowner, is liable for accidents on defective sidewalks notwithstanding the municipal ordinance; and

 

WHEREAS, under the provisions of Title 59, public entities are immune from injury "caused solely by weather” on streets and sidewalks; and

 

WHEREAS, despite this language, in many cases municipalities and other public entities still have been forced to pay large amounts of money in damages when courts ruled that because other factors contributed to the accident, the Title 59 immunity didn’t apply because the accident was not “solely” caused by weather; and

 

WHEREAS, municipalities and other public entities have also been forced to pay large amounts of money in damages for accidents occurring on other public property that were substantially caused by weather; and

 

WHEREAS, also under the provisions of Title 59, public entities are immune from injury "caused by a condition of any unimproved public property, including but not limited to any natural condition of any beach;” and

 

WHEREAS, despite this language, in many cases municipalities still have been forced to pay large amounts of money in damages for claims by swimmers injured in the ocean; and

 

WHEREAS, public entities have also incurred large costs in defending lawsuits by persons injured while walking on municipal boardwalks; and

 

WHEREAS, a public entity should be immune from such a suit if it can demonstrate that it was operating under an ongoing maintenance plan calling for periodically reviewing and repairing the boardwalk; and

 

WHEREAS, Assemblyman Burzichelli has introduced a package of legislation, A-3430, A-3431 and A-3432 to strengthen immunity from tort claims involving weather, sidewalks, beaches, boardwalks and similar public properties;

 

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, THAT the Legislature is urged to pass A-3430, A-3431, and A-3432 to strength municipalities’ immunity from tort claims. 

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the members of the New Jersey General Assembly, the New Jersey State Senate, the Governor of State of New Jersey and the New Jersey League of Municipalities.

 

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 appearing in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Rambler Road Park Project, Mr. Cabrera stated that he had provided revised plans to the governing body, and had requested that the Engineer provide cost estimates to make the vacant lots into grass fields with potential to add baseball fields. He indicated that the costs would be in addition to the existing base bid for the Rambler Road Park Project. After some discussion, it was decided to go with the plan presented, together with the new parking plan and an upgrade of the vacant lots with sod and irrigation, but not including any actual ball fields. The final plan would require no additional funding. Mr. Groon cautioned that the Borough had not received CAFRA permits for the project.

 

The next matter for discussion was the Crest Pier roof renovations. The Clerk indicated that the Engineer had presented updated cost estimates and he had provided copies of same to the governing body.  Mr. Cabrera stated that the total costs would be $1.4 million to do the entire project at one time. That would include removing the roof over the gym and replacing it with a metal roof, replacing the flat roofs, replace the flashing. The project would also include replacing the mechanicals that are presently on the flat roofs. However, it does not include solar panels. He added that phasing of the project would not be recommended. His only suggestion would be to delay replacement of the mechanicals. The Engineer was asked to provide a summary of the history of the Crest Pier roof and why there are existing problems with the roof since the building is only 20 years old. The Engineer stated that the building has a series of several different types of roofs. The contract utilized a cheap asphalt shingle that was poorly installed. Additionally, the flashing work was less than standard. The flat roofs do not have proper scuppers; wrong size gutters on the building; and widespread leaks from the substandard work. He recommended doing the entire project at once to avoid a patch work of jobs. He next addressed the various remedies available. The Engineer was asked if the environment for bidding at this time is positive or negative. The Engineer responded that it is absolutely positive. After some discussion, it was decided to go forward with the entire project. The Engineer indicated that it was his opinion that the roof would not make it through another winter and he would like to see the work completed before the beginning of next winter. He was asked what the earliest start date would be. He responded that it would be on or about September 1st. Mr. Cabrera asked if solar panels would be a possibility given the potential energy credits to be derived. The Engineer responded that based on the current energy audit and current energy usage, the time to recoup the cost would be approximately nine years.

 

Concerning the volunteer boards and commissions, the suggestion was made to combine the Planning and Zoning Boards. The matter has been discussed with both boards for their input and there has been mixed reactions. The matter will be further reviewed before any final determination is made by the governing body.

 

With regard to the Boardwalk Bike Path Connector, the Solicitor circulated a sample agreement between the Borough of Wildwood Crest and the City of Wildwood which would enable the Borough to enter into a shared services agreement on the project. The Clerk stated that it provided for a commitment of not to exceed amount of $200,000. He added that there is no mention as to where the funding source would be. Additionally, there is no mention of a funding allocation for the portion of the agreement that specifies that all preliminary engineering work would be the responsibility of the Borough of Wildwood Crest. The response was that the Borough’s exposure was limited to a certain amount, and it would not matter which part of the project that would cover. The Clerk reiterated the need for a funding source in advance of any approvals being provided for the execution of the agreement.

 

It was reported that the Veterans’ Park Dedication would be scheduled in the fall since a Memorial Day dedication was not feasible.

 

In regard to the UEZ, the Clerk reported that he had provided the governing body with documents concerning the potential settlement reached, and as recommended by the Solicitor. He asked for a motion/roll call vote to authorize the final resolution of all outstanding matters regarding DeVito v. Wildwood, et al with a total, required not to exceed contribution from the Borough in the amount of $3,750.

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing authorization be approved.

Vote:          Gould-Cabrera-Groon-Yes

 

Nancy Pietropaoli, 6002 Seaview Avenue, inquired as to the date of the budget hearing. She was advised that it will be April 27, 2011. Ms. Pietropaoli reminded the governing body that the school board election is that evening. She was advised that the State had changed the school board election and the Borough is not in a position to alter the meeting date as the budget hearing must be held as advertised.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 515-11

 

A RESOLUTION PROVIDING FOR A CLOSED SESSION NOT OPEN

TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS

OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT,

N.J.S.A. 10:4-12

 

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that a closed session may be held for certain specified purposes when authorized by Resolution adopted by the governing body; and

 

WHEREAS, it is necessary for the Board of Commissioners of the Borough of Wildwood Crest to discuss in a session not open to the public certain matters relating to the item or items authorized by N.J.S.A. 10:4-12b and designated hereinbelow:

 

__x__(5)  Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds:  Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

 

___x__(7)  Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:  Any pending or anticipated litigation or contract negotiation in which the public body is, or may become a party.  Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting date set forth hereinbelow, that a closed session shall be held on for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

 

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk indicated that the purpose of the closed session was specifically for potential litigation involving beach permitting/replenishment projects, as well as the potential acquisition of land for the County Library.

 

Upon returning from closed session, 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:        April 27, 2011

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX