Minutes of Commissioners Meeting   -   July 9, 2008

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.

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1062

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 ARTICLE II – DEFINITIONS – SECTION 85-11 – DWELLING, DWELLING DUPLEX, DWELLING MULTI-FAMILY; PERMITTED USES – HOTEL/MOTEL; ARTICLE III – ZONING DISTRICTS – RULES AND REGULATIONS – SECTION 85-19T – PROHIBITED USES – CONVERSION OF HOTELS OR MOTELS INTO MULTI-FAMILY DWELLINGS; ARTICLE XI – HOTEL-MOTEL AND MULTI-FAMILY ZONE – SECTION 85-57 – PERMITTED USES; SECTION 85-60(G) AREA & BULK REGULATIONS – HOTEL/MOTEL BUFFER ZONE; ARTICLE XIV – EXCEPTIONS AND SUPPLEMENTAL REGULATIONS – SECTION 85-68(D) – ACCESSORY BUILDINGS, STRUCTURES AND USES; SECTION 85-73(C) - EXCEPTIONS AND SUPPLEMENTAL

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1062 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 23, 2008 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 792-08

(Authorizing the Tax Collector to conduct a 2008 Tax Title Lien Sale)

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. 793-08

(Authorizing a professional services contract with Tri-County Animal Control Services at the annual rate of $9,000 as the Borough’s Animal Control Officer)

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

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported, with regard to the foregoing Resolution, that the County of Cape May has indicated that all sixteen municipalities in the County of Cape May will be continuing with participation in the Animal Shelter.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 794-08

(Authorizing rescinding of a former NJDOT Local Bikeway funds and authorizing application for funding from fiscal year 2009 NJDOT-Local Aid Infrastructure Fund/Discretionary Aid)

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. 795-08

(Authorizing submission of a grant application and execution of a grant agreement with the NJDOT for the Seaview Avenue , Phase III, Reconstruction Project)

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. 796-08

(Authorizing award of contract with Asphalt Paving Systems, Inc. in the total amount of $2,635,600.65 for reconstruction of Seaview Avenue , Phase II, plus add alternates as indicated)

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. 797-08

(Authorizing award of contract to Kindle Ford Mercury Lincoln, Inc. in the total amount of $47,932.12 for a 2008 4x4 Dump Truck with Salt Spreader)

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. 798-08

(Authorizing award of contract to Kindle Ford Mercury Lincoln, Inc. in the total amount of $36,002.78 for a 2008 4x4 Dump Truck with Snow Plow)

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. 799-08

(Authorizing acceptance and adoption of the ADMJIF Loss Control Program)

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. 800-08

(Authorizing the issuance of a Special Events Permit to Plast Ukrainian Youth Organization, Inc. for the purpose of holding a Bocce Ball Tournament on the beach on August 23, 2008)

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. 801-08

(Authorizing award of a professional services contract with Glen J. Ortman of Ford Scott Associates as Borough Auditor for the period July 9, 2008 through July 8, 2009)

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. 802-08

(Authorizing award of professional services contract with Ralph Petrella of Van Note Harvey Associates as Borough Engineer for the period July 9, 2008 through July 8, 2009)

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. 803-08

(Authorizing award of a professional services contract with E.Comm Technologies to provide communications technology assistance, including aphone system upgrade, for the period July 9, 2008 through July 8, 2009 at a not to exceed contract amount of $5965)

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. 804-08

(Authorizing correction of the 2008 Municipal Budget with respect to the Prosecutor’s Salary & Wage line item based upon removal from the State of New Jersey Public Employees Retirement system)

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

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported that he and the CFO had met with the Prosecutor and the Public Defender to advise them that they can no longer be members of PERS under the recently enacted legislation, and those individuals indicated their complete understanding.

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

The Clerk reported that he had provided to the governing body documentation regarding a flag pole at the Fitness Park . He added that he had had a conversation with Mr. Groon in regard to having the flag pole installed at the Rosemary Road Park as an alternative. He went on to state that the difficulty would be that in any kind of dedication of a monument-type flag pole. Mrs. Gould stated her opinion that a flag at the Fitness Park is a “great idea.” Mr. Groon interjected, “as long as there are no strings attached.” Mr. Cabrera stated that “a flag pole is one thing, but a monument/memorial is another.” Mr. Cabrera added that discussions had previously been had with regard to providing an area for individuals to be memorialized, and he wondered if perhaps now was the time to raise that discussion again. He added that, in his opinion, he was not sure the Fitness Park was the proper location for a memorial location. He suggested that behind the library or the Rosemary Road park would be more appropriate. Mrs. Gould stated that she was in agreement with the placement of a flag pole, and the Borough should provide the flag; that it should go on a corner; that it is an appropriate thing to do. The Clerk interjected that the request was for a “flag pole, lights, a monument and whatever else would be appropriate for the site.” He added that any agreement to a flag pole and flag would come with the stipulation that the governing body would have the right to approve anything beyond the pole and flag. Mr. Cabrera stated that a flag and pole would be no problem, but anything beyond that would require additional discussion. Mr. Groon concurred. The Clerk advised as to his understanding, adding that it would a case of how extensive a monument would be in terms of the surroundings. Mrs. Gould stated that it could simply be a plaque. The Clerk indicated that he would reach out to Mr. Rogers to determine further the extent of his request.

With regard to the COWCO Renewal Agreement, the Clerk inquired of the Solicitor whether she had received any additional information. She responded that she had not. The Clerk indicated that the difficulty would be the limited timelines for providing a decision for renewal, but that the City of Wildwood was not pushing that aspect. Mr. Groon interjected that he did not want to “roll over” the current agreement. The Clerk responded that that would not be possible since several aspects have changed since that agreement was entered into. He added that his main concern would be the financial aspects of the agreement.

The Clerk next reported that, with regard to the concession rental on the beach pier, he had provided to the governing body information relative to the pier and the cost estimates that have been provided by the Borough Engineer. He indicated that the CFO was unavailable to attend this meeting, but that the Capital Improvement Fund is “extremely low” which would be a problem for financing any additional projects not already included in the 2008 Municipal Budget.

Additionally, the CFO had indicated that he would be providing an analysis with regard to the New Jersey Department of Environmental Protection Environmental Infrastructure Trust Fund in pursuing reconstruction of Seaview Avenue, Phase III. The CFO had indicated that it was his opinion that conventional financing would be the appropriate course of action financially.

The Clerk reiterated his concern that any additional (non-planned) projects to be undertaken by the Borough would not have any downpayment funds available.

The Clerk confirmed with the Engineer that the cost estimate for rehabilitation of the beach pier concession structure would be in the vicinity of $650,000 which was provided to the governing body. The Engineer responded that that estimate was based on bidding everything and not based on any of the work being performed in-house. Mr. Cabrera interjected that it was his opinion that the Borough should not be responsible to undertake the upgrades of that structure. It was his understanding that the prospective tenant would be responsible for that work. The Clerk responded that in the past for concession/store rentals, dating back 30-35 years, structures have been built providing for the exterior, in effect a “shell” and thereafter a successful bidder would have the obligation to provide interior work to finish the structure.   The Clerk went on to state that there are a number of issues to be addressed. He has drafted a “Terms and Conditions” for review by the Solicitor, who provided additional comments. However, there are additional issues to be discussed and decided by the governing body prior to moving forward. He agreed with Mr. Cabrera that the extent of the rehabilitation of the structure would be one of the issues to be discussed.

The Solicitor inquired if the governing body should decide to bid the work out and not do it in-house, how would the minimum bid be determined? Would it be determined by the Engineer’s cost estimate? The Clerk interjected that the Engineer’s cost estimate provided for “prevailing wage” and indicated his concern that the successful bidder would have to comply with those same wages because the pier is publicly owned. The Solicitor responded that she had a question about it being municipal property in that regard, and added that she was not certain the Borough could permit the bidder to do the work at less than prevailing wage. The Engineer concurred. He added that he did not think the interior would require that, but the shell of the structure would require prevailing wage. The Clerk stated that in that case, would it not make more sense for the Borough to do the work in-house since the cost would be significantly less.

The Clerk reported that he had a meeting scheduled with Commissioner Cabrera and the Superintendent of Public Works to develop a plan for the construction division within the Department of Public Works. The Borough has the ability to retain a true crew of carpenters on a seasonal basis for projects like the Fishing Pier building renovation project. Mr. Groon inquired if the issue would have to be postponed until the next budget year. The Clerk responded yes, adding that there is no funding in the budget to commence the work now, but there may be the ability to transfer in November, and place the funding in the 2009 temporary budget.

The Solicitor inquired of the Engineer if there would be any funding available from the Federal Wildlife Department should the Borough decide to do the work in-house. The Engineer responded that low interest loans may be available. The Engineer added that there might be funds available through other sources if jobs are created. The Clerk inquired as to the long-term aspect of those jobs. The Engineer responded that there is never a guarantee with a job, but if the Borough was making an effort to create jobs there may be avenues to pursue.

Mr. Groon inquired if the Borough could obtain an estimate on doing the work in-house. The Solicitor inquired if the Borough’s employees were capable to doing the work structurally. The Engineer responded that the only potential issue would be dependent upon the type of roof selected. The Clerk interjected that his recommendation would be, due to prevailing wage, the focus has to turn to being able to do these types of projects in-house. Because of the ability to do these projects on a seasonal basis under Civil Service for a six month period, that would be a lengthy period of time to employ these types of people. Mr. Groon indicated that he would await the results of the meeting between the Clerk, Mr. Cabrera and the Public Works Superintendent.

The Clerk added that he would await the analysis from the CFO regarding the NJDEP Environmental Infrastructure Trust Program. He added that there are a number of items being planned for that are of a critical nature. The Engineer stated that another thing to consider with the program are the added environmental study and administrative costs would be that once they are done, if the Borough ever wanted to go back to the program, the administrative costs would be lower.

The next matter for discussion was the Rambler Road project. The Clerk indicated that each of the Commissioners was provided cost estimates as prepared by the Engineer. It details all aspects of the project. The estimated cost was $4.2 million for the entire project. The Clerk indicated that the estimates exceed all expectations for what the project would cost. The Engineer stated that if the building work was done in-house, he would estimate the cost would be, “worst case,” one-third of that cost. Mrs. Gould asked if he meant that the $4.2 million would be reduced by one-third. The Engineer responded that the Borough would then essentially be paying for materials and some labor, but the added labor would certainly not be at the rate projected in the cost estimates. The Clerk asked how that would affect the turn-around since that would not be in-house. The Engineer responded that he was including only the buildings in the one-third reduction estimate. He added that he felt that landscaping could be done in-house. Mr. Groon stated, “we are not even close.” The Clerk went on to state that the Rambler Road improvements and the playground improvements as contained in the cost estimate are mainly materials. It was the Clerk’s opinion that at first review, given other “required” capital improvements, the project will have to be scaled back considerably. He added that the parking lot and the bathrooms are “absolute musts” and after that the governing body will have to determine what needs to be included additionally. Mr. Groon stated that “we need to go back to the drawing board” and suggested that he meet with the Engineer to review the plan with a priority on the parking lot and the bathrooms. He estimated that the costs were twice what the governing body had projected. The Clerk interjected that the meeting should include items that are felt to be necessities in addition to the parking lot and bathrooms.

Mr. Groon stated that the meeting should proceed with the two major aspects of the project, and then the question would be whether the Borough should try to phase any other parts of the project and whether any of it can be done in that fashion. He suggested a three part project with the turn-around being one phase, and the buildings another phase. The Engineer responded that he would project that if the project were to be done today, it would come in at 25% less than the cost estimate because the contractors are desperate, but he had no way of knowing what the climate will be in a year or two.

Mrs. Gould stated her opinion that the parking lot should not be metered. She suggested that it be gated with an attendant. Mr. Groon responded that it was a suggestion that should be discussed.

The Clerk inquired if any of the Commissioners felt that the parking lot and the bathrooms are absolute number one priorities. Mr. Cabrera stated that he felt that the entrance to the bike path was important also.

The next matter for discussion was the proposed reconstruction of a portion of New Jersey Avenue. Each member of the governing body was provided with a copy of the Engineer’s estimates for making Topeka south on Seaview the final phase of that project, and changing the focus from that area to New Jersey Avenue which is in dire need of reconstruction. The New Jersey Avenue project would be Louisville south to either St. Louis or the Borough’s southern most border at Jefferson Avenue. The cost estimates for the New Jersey Avenue project would be $2.6 million for Louisville to St. Louis and from St. Louis to Jefferson being $1.4 million. The Clerk indicated that the Engineer’s conclusion is that “New Jersey Avenue is failing.” Mr. Groon commented that he did not think it was that bad south of St. Louis. The Engineer responded that from St. Louis south is the water main. The Clerk stated that the New Jersey Avenue project hinges on whether or not that portion of Seaview Avenue from Topeka south to Jefferson is in good enough condition to remain intact without having to be reconstructed. The Engineer responded, “so far it is.”

Mr. Groon said that a discussion will have to be had with the CFO regarding funding of these projects before a final determination can be made.

The final matter for discussion was the extension of the bike path at Cresse Avenue. The Clerk indicated that the move would be to link the bike path to the Wildwood Boardwalk. A drawing as prepared by the Engineer was presented to the governing body for their review. The Clerk indicated that the City of Wildwood would have to authorize the project since a portion of it would be in their municipality. The Clerk added that he was uncertain how it would work in terms of vehicle access along Cresse Avenue. The Engineer responded that there is presently asphalt at that location and to make it better “ridability-wise” it can either be reasphalted or concreted as an extension of the existing bike path across Cresse Avenue, and after that start with a gradual incline up to the boardwalk.  Mr. Groon stated that it should be a joint project with Wildwood. The Engineer stated that it could be approached as an ADA improvement project, and that would make the project eligible for the Small Cities funding. Mr. Cabrera inquired if it must be a wooden ramp as opposed to poured concrete. The Engineer responded that it could be poured concrete, but he was trying to get the cost down.

Mr. Groon inquired if everyone agreed that it should be a joint project with Wildwood. The Clerk responded that it should certainly require Wildwood’s authorization at the very least. He added that Triad was proposing an additional grant application for this project. The Engineer stated that it was a DCA Small Cities grant and the maximum grant for that would be $400,000 with a 30% required match. He indicated that professional fees are eligible for that match. Mr. Cabrera inquired as to the cost estimate for the project. The Clerk responded that it is in the $380,000. range.  The Engineer stated that the cost estimate includes anticipated permit fees.

There being no additional matters for discussion, Mr. Groon invited public comments.

Kyle Kichline, Ocean Place, asked for more background on the Rambler Road Park Project. Mr. Groon inquired as to what kind of information he was looking for, adding that the project was still in the development stage. Mr. Kichline stated he was looking for some general information. He asked if the primary motivation of the project was the handicapped parking, or a revenue generating project. Mr. Groon responded that revenue is least on the list. Mr. Kichline inquired as an estimate of revenue per year. Mr. Groon responded that an estimate has not been provided, but it would provide for approximately 100 parking meters. The Clerk interjected that ADA compliant bathrooms are a priority in the area, as well as additional parking. Mr. Groon went on to state that there is also a handicapped program on the beach that would be centralized. Mr. Kichline stated that the concern of him and his neighbors is the increase in the number of parking spaces on the lot as well as traffic congestion. Mr. Groon stated that the number of parking spaces has been reduced since the inception of the project. He indicated that the first plan was three blocks and it was immediately reduced to two blocks. Additionally, much of the parking on Rambler Road is being eliminated for safety because of the bicycles. As to the issue of overnight parking, Mr. Groon stated that methods of discouraging that are being actively discussed. The Clerk added that the governing body has been mindful of preserving open space. Mrs. Gould stated that it seems to her that the concern in the area is that the view is going to be a parking lot rather than an open lot. She went on to state that Ocean Place has chosen to install a chain around the entrance of Atlantic Avenue and that could potentially be a fire hazard. Mr. Groon stated that the parking lot has approximately 100 to 110 spaces, with an additional 25 handicapped spaces. The Clerk added that the project has been scaled back significantly and from a community standpoint a number of residents have indicated that there is no parking in the area to support the many amenities in the Rambler Road area.

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

RESOLUTION NO. 805-08

(Closed session – personnel matters; potential litigation matters)

The Clerk further advised that the authorized closed session would be released to the public at the conclusion of the matter, that the public would be invited back to the meeting at the conclusion of the discussion, and that the governing body may be taking formal action after returning to open session.

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

Vote:          Gould-Cabrera-Groon-Yes

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:        July 23, 2008

Kevin M. Yecco, Borough Clerk