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Minutes of Commissioners Meeting   -   June 11, 2008

Note:  Complete Meeting Appears on Tape #16-08 17-08 on File in the Borough Clerk’s Office June 11, 2008
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 - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader and The Press on November 7, 2007.

 

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 Mrs. Gould, that Ordinance No. 1061 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. 1061

BOND ORDINANCE APPROPRIATING $4,400,000, AND

AUTHORIZING THE ISSUANCE OF $4,190,400 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

Mr. Cabrera motioned, seconded by Mrs. Gould, that a public hearing be held on Ordinance No. 1061.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1061 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1061 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 771-08

(Authorizing professional services contract with Hawkins Delafield and Wood as Bond Counsel)

 

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. 772-08

(Authorizing a refund to Aetna Overpayments in the amount of $294.53 for an ambulance transport duplicate payment on behalf of Patricia Valenti)

 

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. 773-08

(Authorizing refund of $15 to Margaret Karpinski for a bulk trash pick-up paid but not utilized)

 

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. 774-08

(Authorizing sale of one (1) 2000 Ford Crown Victoria to the Cape May County Police Academy for $1 for training purposes)

 

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. 775-08

(Authorizing submission of an application and execution of an agreement for state aid to municipalities under the New Jersey Transportation Trust Fund Authority Act and Local Bridge Bond Act)

 

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 and which appear in full on the following page, as submitted, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk indicated that he had provided the governing body with a written update regarding the Defined Contribution Retirement Program, specifically, that the League of Municipalities is addressing the matter and it has also been referred to the Treasurers’ and Tax Collectors Association for preparation of an ordinance to cover all issues related to the new legislation. He added that he has placed the matter on the New Jersey Municipal Clerks’ Association website and has received no indication that any other municipality has advanced local legislation to deal with the DCRP.

 

With regard to the concession rental of the fishing pier restaurant/retail store proposal, the Clerk inquired if there had been any new developments. Mr. Groon responded that he had requested that the matter be placed on the agenda since discussions had been had previously regarding making the existing “clubhouse” more than what it is. He added that if the Borough is going to do something in that direction, it would be his opinion that action should be taken fairly quickly. Mr. Cabrera interjected that two matters would have to be addressed: (1) apply for a CAFRA permit, and (2) take the idea of having a long-term lease and having any potential bidders renovate the building and submit a proposal for a type of business to be installed in the building. Additionally, Mr. Cabrera stated that thought should also be given as to the amount of the rent to be charged. He indicated that he has had several inquiries regarding the disposition of that building.

 

The Clerk stated that, with assistance from the Solicitor, he has developed terms and conditions to pertain to any type of lease agreement with a potential concession rental on the pier. He added that the Engineer should also be consulted in terms of any structural needs and cost factors that may be required as well as sign-offs for plans and actual construction.

 

Mr. Groon inquired if, in the instance of the potential tenant doing the renovation work, would the Borough make application to the DEP or would the tenant. The Clerk responded that the Borough as the owner of the premises would have to make application. He added that, more importantly, any type of restrictions or any type of permitted development or construction has to be authorized by the governing body. It would have to include any advice or direction from the Engineer. Mr. Groon inquired if the first step would be to determine the type of business to be permitted, since that would impact the type of renovations to be undertaken. The Engineer indicated that any DEP permit application would require that information. The Clerk interjected that it was his opinion that the application can be vague enough to indicate a type of retail store. The Engineer concurred, but added that the DEP will want to know what type of restroom facilities and other public facilities will be provided. Mr. Groon asked if a design plan would have to be submitted. The Engineer responded that “the shell” would have to be provided. The Clerk interjected that it was his understanding that the intent was to remain within the footprint of the existing building. Mrs. Gould concurred. The Engineer added that he has had conversations with the DEP in an attempt to obtain confirmation that as long as the renovations remain within the footprint of the existing building, the Borough can rehabilitate the building without an individual permit. He added that he would concede to the DEP that a general permit may be required.

 

The Clerk suggested that a committee, to be headed by Commissioner Cabrera, be formed to formulate a concept as to what would be included in the structure. Additionally, the Engineer could provide an engineering analysis in terms of the structural integrity of the building and work that may be required to complete any renovations. That information would then be submitted to the full governing body for consideration with various options available. The Engineer responded that he would require some direction, even if it was “worse case” intended use (meaning load). Mrs. Gould added that it was her opinion that the public will be coming to Mr. Cabrera with their thoughts and ideas.

 

Mr. Groon stated that there are two components involved: (1) the minimum requirement for what the governing body wants structurally and from a safety perspective, and (2) it will be up to the tenant to make the building work for whatever operation is to be installed. He was concerned that the Borough will be required to make application to the DEP for structural renovations, and the tenant would then be required to make application for any interior/exterior renovations. The Engineer indicated that he has anticipated that possibility and he is attempting to obtain information from the DEP as to whether remaining within the footprint would preempt that requirement.

 

Mr. Cabrera inquired if it was the desire of the governing body for him to form a committee. The Clerk responded that it was only his suggestion, but it would have to include the Solicitor, the Engineer and the CFO. Mrs. Gould suggested that it also include past members of the fishing club.

 

Mr. Groon stated that he would be happy to yield to the process, adding that it was his opinion that time is critical in order to have the facility open for the 2009 season.

 

The next matter for discussion was the proposed telephone system upgrade. The Clerk indicated that his office received a proposal that was provided to the governing body in the amount of $5,965.00. Mr. Groon inquired if there was consideration of the work being done off hours in order to minimize disruption of work. The Clerk responded that he was not aware if that had been taken into consideration, but that he would inquire.

 

With regard to the Rambler Road Park Project, the Clerk indicated that there were five members of the committee and they held three meetings to discuss the project. He stated that the indication is that a plan has been developed that has evolved from the original plan. He added that “virtually nothing remains the same” from the original plan. Mr. Groon had indicated to the committee at its last meeting that he was prepared to bring the matter forward to the governing body for their ultimate consideration.

 

Mr. Groon presented the revised plan to the governing body for their review and consideration. He indicated that a lot of time and effort went into the safety aspect of the plan in separating the playground, the bike path and the parking lot. The parking lot has not changed except for an increased drop off area. Additionally, the turn-around was discussed in detail and it was indicated by a majority of the committee that a turn-around would be advisable, and to narrow the street and restrict access. The bathrooms are being slated for the Nesbitt Center and an upgrade for the Nesbitt Center will be required to house the bathrooms. The bike concession is in the center. The Clerk interjected that there is a drop-off and a turn-around; that the turn-around would be off of Rambler Road with no parking on Rambler Road westerly of the turn-around in order to enhance vehicular and bicycle flow. The Clerk went on to state that the indication from the May 28th meeting was that the governing body was in a position to authorize the application for the bike path to proceed westerly on Rambler Road to Seaview, and then south along Seaview through the Borough’s southerly most border into Lower Township, as a true “connector route”.

 

Mr. Groon added that there were a couple of minor changes in spacing the bike concession a little further from the bike path and there may need to be some further discussion on how that will work.

 

Mr. Groon indicated that if Mrs. Gould and Mr. Cabrera are comfortable with the plan, the next step would be to “put numbers to it.” He added that it is now up to the governing body to endorse the plan, put numbers to it and bring it before the public.

 

Mrs. Gould stated that what is troubling to her is how the bikes will fit into a round building. Mr. Groon responded that it is in actuality an octagon, and the plan calls for the ability of a “garage door” to open up the building. Mrs. Gould inquired of the Engineer how many square feet in the Nesbitt Center are being utilized for the information center. Mr. Groon responded that it is roughly 600 feet. Mrs. Gould added that she was aware that a lot of it is wasted space. She then inquired how much of the renovated building would be utilized for the information center. The Engineer responded that it could remain the same, adding that it is set up for about 400 but that could be adjusted. Mrs. Gould inquired if the Chief of Police is amenable to the plan. The Clerk responded that the Chief has been involved in the process and is on board. Mr. Groon added that the Chief had indicated that the turn-around was an important aspect of the plan for public safety. The Clerk interjected that the most important aspect was that the plan was endorsed unanimously by the committee.

 

The Clerk inquired if there was a consensus of opinion among the governing body to move the concept forward in terms of plans and specifications as well as cost estimates. Mrs. Gould responded in the affirmative. Mr. Cabrera responded that he would like to take some time to digest the plan, and asked what the timeframe would be. Mr. Groon responded that there was no reason not to wait another week or two. He added that the issue with the application process is a time factor. Mr. Cabrera stated that improving the area is a good concept, but that he had some ideas and questions on some of the details. It was decided that the matter would be finalized at the July 9, 2008 meeting.

 

The next matter for discussion was the Seaview Avenue Reconstruction, Phase III, financing. The Clerk indicated that a resolution was recently adopted to authorize a grant application to the NJDOT. Mr. Groon indicated that he had spoken to the CFO, and asked if the outfall extensions would be eligible under the other grant program for which information was previously received. He added that when he had looked at the criteria, the outfalls were the only project that might apply. The Engineer indicated that the NJDEP changed the program a few years ago and there are very few projects that would be excluded as long as they are infrastructure improvements. He added that he would check, but he was of the opinion that it would be an acceptable project. Mr. Groon inquired if streets could be included. The Engineer responded that if sanitary sewers or storm sewers are included, the streets could be included. He added that is strictly a loan program, but with a blended rate. He went on to state that whichever program the governing body decides to go with, the application should be done quickly.

 

With regard to grant applications, the Clerk indicated that he had received information from Triad with regard to a grant application for a connector link from the bike path off of the boardwalk on Cresse Avenue. It is an extremely costly application in terms of Triad’s fees, and prior to any authorization of the grant application, there needs to be a feasibility study. He added that the deadline for the grant application is June 20, 2008.

 

Wildwood Crest also received from Triad confirmation that the Borough is still a Centers of Place for grants and that has been extended to the Borough for calendar year 2008. That was based upon the fact that the communications from the Smart Growth group was lax in their prompt reporting to the Borough as to what would be needed for the joint application that was being developed for all of the Wildwoods through Triad. The Engineer stated that the Centers of Place would be an excellent application for the Rambler Road Park, and the application deadline is June 20th. He added that Triad is attempting to obtain a time extension for the application deadline since the Borough has only recently received confirmation of the designation.

 

Mr. Cabrera inquired if the $450,000 grant received by the Borough several years ago was still available to the Borough. The response was that the Engineer was working on getting the money back.

 

There being no further matters for discussion, the meeting was opened for public comment.

 

Nancy Pietropaoli, 6002 Seaview Avenue, stated that since the road reconstruction, her car bumper hits the ground when she backs out of her driveway. The Engineer indicated that he would inspect the situation.

 

Mrs. Gould inquired of Mr. Cabrera whether a price had been determined on the memorial benches at the fitness park. Mr. Cabrera responded that the existing benches at the park were $700 or $800 each. The current memorial benches are $360.

 

Ms. Schaffer, 7100 Atlantic Avenue, stated with regard to the Rambler Road Park, as to the entrance to the parking lot on Primrose, that her condo complex has parking for 118 cars and their entrance is on Primrose. She inquired if that configuration had been changed in the new plan. The Engineer responded that the entrance would be on Ocean Avenue at Primrose. Ms. Schaffer stated her concern that vehicles would use Primrose to access the lot rather than going down Ocean Avenue, and suggested moving the entrance to the parking lot to Rambler Road. Mr. Groon responded that the purpose of moving the entrance from Rambler Road was for safety reasons.

 

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

RESOLUTION NO. 776-08

(Closed Session – ongoing litigation with the JCOW fire suppression/remediation matter)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, there being no further matters to discuss, Mr. Cabrera motioned, seconded by Mrs. Gould, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        July 23, 2008

Kevin M. Yecco, Borough Clerk

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