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Minutes of Commissioners Meeting   -   April 5, 2006

Note:  Complete Meeting Appears on Tapes #10-06 & 11-06 on File in the Borough Clerk’s Office April 5, 2006
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 Commissioners’ Meeting Room at 9:30 a.m.  On roll call the following answered to their names:

                      Gould -Groon – Yes                                Cabrera - Absent

 

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 10, 2005.

 

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

 

Mr. Cabrera entered at this point in the meeting.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1007 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. 1007

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT PERSONNEL PRACTICES AND AUTHORIZING THE BOROUGH CLERK/ ADMINISTRATOR TO IMPLEMENT SAID PRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THE BOROUGH OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1007

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1007 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1007 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. 1008

AN ORDINANCE REVISING AND AUGMENTING CHAPTER 47, PARKING METERS, SECTION 2, ZONES ESTABLISHED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, BY ADDING THERETO FOUR (4) ADDITIONAL PARKING METER ZONES

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1008 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 3, 2006 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1009

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 79-3, PARKING PROHIBITED AT ALL TIMES, 79-32 SCHEDULE I; SECTION 79-6, PARKING TIME LIMITED, 79-35 SCHEDULE IV; ARTICLE IV, ONE-WAY STREETS, SECTION 79-12, ONE-WAY STREETS DESIGNATED, 79-37 SCHEDULE VI; ARTICLE V, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, SECTION 79-15 STOP INTERSECTIONS DESIGNATED, 79-39 SCHEDULE VIII; AND ARTICLE IX, TURN PROHIBITIONS, SECTION 79-24, LEFT TURN PROHIBITIONS, 79-44 SCHEDULE XIII

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1009 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 3, 2006 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 229-06

(Authorizing amendment of the 2006 Municipal Budget)

 

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. 230-06

(Authorizing the Borough to conduct 2006 Municipal Budget self-examination)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 231-06

(Authorizing adoption of the 2006 Municipal Budget)

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 232-06

(Authorizing participation in the Litter Abatement Partnership with CMCMUA)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 233-06

(Authorizing issuance of a special events permit to South Jersey Surfcasters for the purpose of hosting a surf fishing tournament on May 6, 2006)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 234-06

(Proclaiming April as Child Abuse Prevention Month)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 235-06

(Authorizing issuance of not exceeding $3,800,000 bond anticipation notes)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 236-06

(Authorizing award of contract for street and utility reconstruction for Monterey Avenue in the not to exceed amount of $529,793.03 to P&D Construction Inc.)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 237-06

(Authorizing award of contract for Phase 3A Street and Utility Reconstruction [ Louisville , Lotus, Forget-Me-Not] and replacement of storm inlets on Seaview at Rambler, Fern and Columbine in the not to exceed amount of $1,399,403.75 to Asphalt Paving Systems Inc.)

 

Mr. Cabrera motioned, seconded by Mr. Groon, 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

 

A discussion was had with regard to the leasing of Store No. 1 at the Crest Pier Community Center . The Clerk indicated that no bids had been received for that store at the time the stores were originally put out for bid. He went on to remind the Commissioners that the other two stores were awarded and leases are in the process of being signed. Consequently, Store No. 1 must be re-bid with the same specifications and under the same conditions/circumstances unless the Commissioners desire to rescind the award of the other stores and re-bid all three at the same time. Mrs. Gould stated that she did not want to see a vacant store at the Crest Pier, and the business from whom the Borough had received a letter of interest would “draw people” to the location. Mr. Groon inquired how the Borough could set up a different set of rules for one of the stores. Mrs. Gould responded that all three stores would have to be re-bid. The Clerk reminded the Commissioners that in order to re-bid all three stores, all monies received toward rents would have to be refunded by resolution and, in that event, leases could not be awarded for the stores before the start of the summer season. The Solicitor concurred with the Clerk. Mr. Cabrera and Mr. Groon both indicated a desire to re-bid Store No. 1 with the same specifications for a two-year period. The Clerk requested a motion.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Store No. 1 at the Crest Pier be re-bid with the same terms and conditions as Stores Nos. 2 and 4, including a two-years term.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Groon inquired who would be coordinating revision of the special events ordinance and application. The Clerk responded that it was his opinion that Mr. Groon should be the person to coordinate that. Mrs. Gould concurred with the Clerk. Mr. Cabrera interjected that the matter of “non-profit” and “for profit” events should be included in any revisions. He added that he has recently received a copy of the “process” from the North Wildwood and suggested that ours be revised similarly.

 

Joseph Salerno, 5601 Atlantic Avenue , inquired as to where the new parking meter zones would be located. The Clerk responded that they would be on Atlantic Avenue , Ocean Avenue , Stockton and Stanton Roads, Primrose to Cresse, Cresse to Primrose, and Atlantic to bulkhead, respectively. He added that these zones are in addition to those already established by ordinance. Mr. Salerno inquired if that would make Atlantic Avenue meters its entire length. The Clerk responded that Atlantic would be both sides of the street, and from Atlantic Avenue to the bulkhead on Stockton and Stanton. Mr. Salerno inquired if there had been consideration for the impact it would have on surrounding businesses. The Clerk advised Mr. Salerno that he would have an opportunity to voice any objections at the public hearing on May 3, 2006 at 9:30 a.m. Mr. Salerno inquired if additional notice would be provided to those impacted by the ordinance. The Clerk responded “no, other than advertisement as required by law.”

 

Mr. Cabrera gave a presentation regarding the Borough’s proposed “fitness park” to be located on the Borough’s beach-front vacant lots between Fern, Palm and Forget-Me-Not Roads. He indicated that there have been many discussions as to whether those lots should be developed in some manner. He added that the Recreation Commission has been working on developing a fitness park for that location. He introduced Dean Gentek and Ed Masterson of the Borough’s Recreation Commission, as well as the Borough’s Engineer, the Superintendent of Public Works and the Recreation Director.  He added that the reason the Commissioners were considering the park at this time was that the County of Cape May was providing grants to municipalities ($157,000 to Wildwood Crest) and the deadline for application was fast approaching.

 

Mr. Gentek and Mr. Masterson made a presentation for the public as to the plans for the park, which would include landscaping, an entertainment pavilion, benches and jogging paths.

 

Mr. Cabrera interjected that, compared to other municipalities on the island, Wildwood Crest does not have a boardwalk or a “high entertainment district,” but Wildwood Crest does have open space and good recreational areas. He went on to state that the subject lots have a lot of potential and are underutilized.

 

The Solicitor inquired if the funding from the County requires that the property be dedicated to open space. The Clerk responded, “no.” Mr. Groon added that there is nothing in the documentation to that effect. The Clerk added that it is a funding reimbursement for recreation related projects. The Solicitor stated that she wanted to “go on the record” and state that these properties cannot be utilized “for the benefit of a few as opposed to the entire municipality.” She added that to do anything that would preclude the Borough’s “sale, development or adversely affect any control over (the property) is absolutely against (her) legal advice.” Mr. Cabrera responded that the proposed park would contain nothing permanent, and there would be no dedication of the property as open space.

 

Mrs. Gould interjected that the reason the County is providing the funds to the municipalities is that Cape May County land values are escalating and producing new ratables. Therefore, the funding from the County was proportionate based on ratables, given their surplus.

 

Ed Grassi inquired about the parking situation for the proposed park since the area is surrounded by motels. He thought it was a great idea, but was concerned about there being no additional parking made available. The response was that after the “beach day” is over there is plenty of parking in the area. Additionally, with the demolition of so many motels and the advent of condominiums, there is more street parking than ever. Mr. Groon interjected that when the concept was first broached, the idea was to utilize all four of the beach-front blocks. Unfortunately, the process was “hastened” by the deadline imposed by the County for the funding. Consequently, the project was downsized to fit the parameters of the County’s funding plan.

 

Mr. Grassi also inquired about the feasibility of a fishing/crabbing pier on the lot at Rosemary Road and Park Boulevard. Mr. Cabrera responded that that particular zone is now totally residential. However, there is an existing pier at Sweetbriar that is utilized for fishing and crabbing and the surrounding residents complain about the disruption. Mr. Cabrera did not think another pier in a residential neighborhood would be well accepted. He added that the Rosemary Park was created to be a “passive park.”  The Clerk interjected that the Sweet-briar Road fishing/crabbing pier is “properly” placed in the Marine Commercial Zone.

 

An unidentified member of the audience inquired as to the cost to the Borough for the proposed park. Mr. Groon responded that those numbers were still being gathered. Jim Verna, Borough Engineer, stated that the projected cost was $345,000, which includes an allotment for construction costs, contingencies, engineering, etc. He added that the Borough has approximately $157,000 potentially available from the County, as well as the possibility of utilizing the Borough’s share of UEZ funds which amount to $117,481.98. That would leave a balance to be paid by the Borough of approximately $61,000. The Clerk interjected that the utilization of UEZ funds, derived from various businesses throughout the Borough, would have to be approved by the Board of Commissioners.

 

Mr. Groon stressed that the figures provided by Mr. Verna were preliminary and that the funding and the entire project will be closely reviewed and monitored by Mr. Cabrera and the engineering staff.

 

Larry Prevlin, Rosemary Road, stated, “this is a slam dunk” and did not see why there would be any controversy over the project. It was his opinion that the project would serve the community in innumerable ways.

 

The Clerk stated for the record that the Borough sent a letter to the surrounding property owners on March 22, 2006 inviting them to attend this session to convey any thoughts or concerns they might have regarding this proposed project.

 

Steve Tecco, 6503 Ocean Avenue, stated that in the past there were eight motels in the area that had committed funding to the area. There are now only four of those motels remaining and three of those motels would still like to contribute to the project and offer their endorsement. (The owner of the fourth motel was not present at this session and Mr. Tecco could not speak for that owner.)

 

Bruce Smith, 6201 Atlantic Avenue, Tangiers Motel, stated that the park would not be “self-serving” for the Tangiers since it would be several blocks away, but it was his opinion that the project is “a slam dunk.” He went on to state that it would unify area property owners and clean the area which has been an eyesore in the past.

 

Melissa Roy, 6507 Atlantic Avenue, stated that her motel would benefit from the park “across the street” and she thought it was a good idea. She commented on the proposed change of venue for the craft shows and didn’t think it would be a problem. Mr. Groon responded that the craft show does not have to be moved from the present site. Mrs. Gould interjected that “it’s just things to think about.” Mr. Groon added, “we are exploring all our options.”

 

Joseph Salerno commented that other communities have created “fair grounds” and have developed “entire economies” around it. He indicated that these “fair grounds” are patronized predominantly by locals and tourists. He went on to state that the proposed park would be very versatile and could be utilized in various ways.

Mr. Cabrera indicated that the application for the County funding is “time sensitive” but that the County has indicated that modifications can be made to the application at a later time. He added that the County wants “an overview” of the project in order that the County can determine the potential funding needed for all sixteen municipalities in the county. He stressed that April 13, 2006 is the deadline for the initial application.

 

Mr. Groon inquired of the Clerk if the Commissioners would be “committing to a concept” rather than a firm plan, that there would be allowances for modification, and no action is being authorized with regard to funding. The Clerk indicated that it was his understanding that the project would have to be commenced, with funding in place, and then seek reimbursement from the County.  It was his opinion that additional dialogue was needed with regard to clarifying the direction to be taken, what will be allocated and for what specific purposes, as well as further discussion with the Chief Financial Officer. Mr. Cabrera inquired if a special meeting could be held prior to the filing deadline in order to adopt the appropriate resolution after obtaining the clarification outlined by the Clerk. The Clerk responded in the affirmative. The Solicitor concurred with the Clerk. The Clerk inquired of the CFO whether he had had an opportunity to review the documentation. The CFO responded that he had not since he had only this date received some additional documentation. He added that what the initial documents said regarding funding, and what Commissioner Cabrera reported from his meeting with the County were in total opposition. He went on to state that the application required funding to be in place prior to the application and the county would then reimburse the appropriated amount. Mr. Cabrera had indicated that at his meeting with the County that he had been advised that the county would “front” the money.

 

The Clerk interjected that he is concerned, along with the CFO, regarding the funding mechanisms, as well as exactly what the Board of Commissioners wish to spend on the project and for what specific purpose(s). He went on to state that the use of the approximately $117,000 UEZ funds would have to be determined by the Board of Commissioners, since some of the funds were derived from the New Jersey Avenue business district, and the Commissioners would have to determine if they wished to use those funds exclusively outside that district.

 

Mr. Cabrera stated that use of the UEZ funds was simply another alternative for funding and that determination has not been finalized. Mrs. Gould interjected that Mr. Cabrera had in the past provided her with ideas for projects to utilize the UEZ funds such as streetscapes on New Jersey Avenue.

 

Mr. Groon agreed that more exploration of the funding aspect of the project must be done prior to filing the application with the County of Cape May, and that a special meeting would be necessary. With regard to funding, Mr. Groon stated that should the UEZ funds not be appropriated to utilize for this project, he would be ready to explore other funding options since it is a worthwhile project.

 

Mr. Cabrera reiterated his position that he is in full agreement with Mr. Groon.

 

Mrs. Gould interjected her opinion that there remained many questions to be answered, although it was her opinion that it is a good project. She added that the timing of the application process was bad since it fell in the budget process period.

 

Joseph Salerno stated that, with regard to the park benefiting the motel district rather than the New Jersey Avenue business district, any project undertaken by the Borough would impact one area more than others.

 

Mr. Groon thanked everyone for their comments, as well as the input of the members of the Recreation Commission.

 

The Clerk advised all present that a closed session would be held upon passage of the required resolution, specifically for purposes of discussing the on-going Cresse Avenue sewer billing matter as well as the Bayview Corporation Development Project in Lower Township.

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

RESOLUTION NO. 238-06

(Closed session – City of Wildwood Cresse Avenue sewer bill and Bayview Development Project)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session the Clerk indicated as follows:

There is a “consensus of opinion” of the Board of Commissioners to rescind the prior six-year payment authorization for the Cresse Avenue sewer bill to the City of Wildwood, and to authorize a payment over four equal installments, plus $0.01 in one of those years, subject to and contingent upon compliance by the City of Wildwood with conditions to be stipulated by the Borough’s Solicitor with input from the Chief Financial Officer.

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

Vote:          Gould-No                                                Cabrera-Groon-Yes

 

There being no further business to discuss, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        May 24, 2006

Kevin M. Yecco, Borough Clerk  

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