Minutes of Commissioners Meeting   -   August 13, 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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 815-08

(Authorizing compliance with the Annual Audit requirements)

Prior to motion, the Clerk reported that there were no recommendations from the auditors for the Borough to comply with over the past twelve months. He added that the main credit for that outstanding audit report should go to the Chief Financial Officer for the procedures in place to insure that the Borough does comply with the requirements under the law. He further indicated that this is only the second time in twenty-five years that the Borough of Wildwood Crest has had no recommendations from the annual audit.

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. 816-08

(Authorizing cancellation of unexpended balances from the General Capital Fund in the amount of $41,404.06)

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. 817-08

(Authorizing three surf fishing tournaments in the Borough of Wildwood Crest to be held on October 4, October 11, and October 25, 2008)

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. 818-08

(Authorizing application for and execution of a subcontract with the County of Cape May for the Municipal Alliance Program)

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. 819-08

(Authorizing Greater Wildwood Little League to hold a special five day baseball instructional training camp at Higbee Field at the daily fee of $100)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Abstain

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 820-08

(Endorsing Rosemary Road Park Project design/development by M.W. Mitchell Developer, Inc. as authorized substitution for public pedestrian access at Aster Road Development Project)

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

Prior to the vote, Mr. Groon requested a discussion of this matter. Mr. Groon inquired if there is a change mandated by DEP, would the Borough reserve the right to “sign off” on any change down the road. The Clerk responded that the pending resolution contained language to the effect that the developer would meet his obligations under CAFRA and DEP regulations by transfer of those obligations. The Clerk added that the resolution provided that it was contingent upon all governmental approvals as required being obtained by the developer. Mr. Groon stated that his question was whether something that had not been considered should come to light in the future, what would be the Borough’s obligations. The Solicitor interjected that any plan would have to be submitted to the Borough Engineer for approval. Mr. Groon stated that it was his understanding that by approving the pending resolution, the Borough would be endorsing the plan as provided by the developer, and should that plan change, the Borough should have the right to endorse the revised plan. The Solicitor responded that she specifically included a copy of the plan by reference in the Resolution in order that if the developer deviates from the plan, the Borough would have recourse. Mr. Groon reiterated his concern that the DEP may not approve the existing plan and require changes. He questioned whether the Borough would have an opportunity to approve any such revisions. Mr. Cabrera indicated that he had the same concern. The Solicitor responded that the governing body was only authorizing the specific plan as attached to the resolution, and should any changes be required, it would be necessary for the developer to return to the governing body for approval of those changes. She added that the Engineer would not have authorization to approve any changes. The Clerk suggested adding another clause to the resolution which would reserve the Borough’s rights to approve any changes should any governmental entity require revisions. Mrs. Gould inquired if the docks would have fences to prevent children from falling off. It was her understanding that one of the docks would be floating for kayak launching. The other dock would be a fixed pier. The Engineer responded that there is no indication in the plan that there would be any railing along the dock, but added that it may be a requirement of DEP. He added that his office had approved only the “concept” and actual engineering plans had not been submitted. The Clerk interjected that the pending resolution requires submittal of complete engineering plans and sign-off by the Borough Engineer prior to any work commencing. Mrs. Gould inquired as to the possibility of making the Rosemary Road Park into parking for the water access and installing meters. The Engineer responded that it is a possibility, but it would have to be indicated on the plan submitted to CAFRA and DEP since impervious surfaces near the water is an issue for them. He added that it probably would not be a major problem since there is not space for very many vehicles. Mr. Cabrera inquired if grant money had been used to develop the park. Mrs. Gould responded that former Commissioner Matt Tomlin and she were in office, and Mr. Tomlin had proposed the plan perhaps eight years ago. Mr. Cabrera stated that his only concern with Mrs. Gould’s suggestion would be whether the park had, in fact, been developed utilizing grant funding, and whether the Borough would have to return those funds if the park were to be eliminated. Mr. Cabrera also inquired if the pending plan would be ADA accessible. The Engineer responded that the DEP would require that.

The Clerk read a proposed addition to the pending resolution to add paragraph No. 5 as follows: “The Borough of Wildwood Crest reserves the right to require the developer to re-submit a revised plan in the event any governmental agency may determine that the attached plan dated July 24, 2008 requires modification or revision.”

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that all bills properly authorized, as submitted and which appear in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

The next matter for discussion was the proposed Rambler Road Park project. Mrs. Gould indicated that twenty-five parking spaces had been removed. Based upon an earlier discussion with the Borough Engineer, the Clerk added that access would be moved from Primrose to Myrtle Road . Mr. Cabrera reviewed the process by stating that the Borough was trying to eliminate some costs to get the project down to the budget of $1.1 million. At the last meeting, it was proposed to eliminate some of the parking which would reduce excavation and asphalt work along Ocean Avenue , and remove one of the entrances. He indicated that the cost associated with the current plan was $1.6 million. Mr. Cabrera asked the Commissioners to consider having only one entrance/exit at Myrtle Road which would further reduce costs. Mrs. Gould responded that she did not think that would be a problem since that is where the access to the lot is presently located. With regard to “automated” parking meters, Mrs. Gould suggested having a booth to pay to park in the lot so that the fee could be changed based on events or need. Mr. Groon responded that it would have to be staffed “night and day.” Mrs. Gould inquired of the Engineer whether North Wildwood had had any problems with their automated system. The Engineer responded that it has been very successful. Mrs. Gould inquired if the proposed system would accommodate credit cards. The Engineer responded that that would be up to the governing body. Mr. Groon inquired if the amount budgeted would be enough for that type of system.

The Engineer indicated that it would not add a substantial amount to the cost, but that it would require a telephone or cable line to be run to the area to accommodate credit cards. He estimated that the additional cost to the unit would be approximately $1,500. A discussion ensued as to the number of units and their placement. The Engineer suggested that a maximum of three units would be sufficient.

Mr. Cabrera questioned how the flow of traffic will be monitored to determine when the lot is full to prevent cars from driving around the lot looking for a place. The Engineer responded that there is a system available, but there would be an added cost. Mrs. Gould suggested a police officer or meter person could monitor the lot. Mr. Groon stated that that may defeat the purpose of the drop-off area because it would discourage people from entering the lot.

Mrs. Gould stated that she liked the idea of a meter system that utilizes credit cards because most people don’t carry cash. She added that the only problem that she could foresee would be vandalism. The Engineer responded that they are more tamper resistant that in the past, but if someone really wants to damage or vandalize it, they will do it. Mr. Groon inquired if they are removable for the winter. The Engineer responded in the affirmative.

Mr. Cabrera asked the Engineer if the timing of the project would be based on the CAFRA permit. The Engineer responded in the affirmative. Mr. Cabrera next asked if the plan were to be revised to a one entrance/exit on Myrtle Road , and the plan is then sent to CAFRA, could the plan be “tweaked” after that? The Engineer responded that minor changes could be made, but major changes would present a problem.

Mr. Groon called for the Commissioners to “come together” with a general idea, put a price on it and submit it to the public. The Engineer indicated that he could have a revised plan, with cost estimate, prepared within a week. He added that if the plan could be approved by the end of August and the application submitted by the beginning of September, the permit could be issued by February and work commenced in the Spring.

Mrs. Gould inquired if a person with a handicapped placard or license plate is unable to find a handicapped space in the lot, could they park in the lot without paying. The Chief of Police responded that the State has indicated that the purpose of the placards and license plates is to “provide relief to the handicapped” and does not permit them to not pay. It does permit them to pay, but if the meter expires, they do not have to pay more.

It was agreed that the Engineer would provide a revised plan, with cost estimates, to be discussed and finally approved at the August 27, 2008 meeting.

The next matter for discussion was the COWCO Renewal Agreement. The Solicitor indicated that she had circulated a proposed Agreement today for the review of the governing body.

The next discussion item was the concession rental on the Fishing Pier. The Clerk indicated his understanding that a cost estimate in the vicinity of $300,000 had been provided. Mr. Cabrera reported that the Clerk, the Carpentry Supervisor and he had met to review the feasibility of the Borough doing the work “in house” or hire an outside firm to do the work. He indicated that they came to the conclusion that it made more sense for the Borough to do the exterior work in-house and have the successful bidder be responsible for the interior work. The Carpentry Supervisor has drafted a plan and estimated that the materials would cost approximately $300,000. The Engineer advised that he would like to discuss the cost estimate with the Carpentry Supervisor in an attempt to reduce the $300,000 to a maximum of $269,000. His reasoning was that the approximate going rate for out-sourcing work is about $300 per square foot. The building is 1800 square feet, for a total of $540,000 to out-source it. The Borough could make the argument that the value of the building is $540,000, but if the renovations exceed 50% of that value, the Borough could be required to meet FEMA regulations and have to raise the building. He stressed that the Borough does not want to raise that building.

Mr. Cabrera indicated that there are some things that could be done in 2008 to prepare the building for renovation in 2009. Mr. Groon inquired as to funding sources for that work in 2008. Mr. Cabrera responded that there are funds available with the work force and general operating budget to start the cleaning up process.

The next matter for discussion was the reconstruction of Seaview Avenue , Phase III, and whether grants or conventional funding/borrowing should be undertaken. The Clerk indicated that an analysis from the CFO should be prepared based upon rates and market trends, etc. He added that NJDEP Environmental Infrastructure Trust Program would require submission prior to October. The Engineer concurred.  Mrs. Gould indicated that she would meet with the CFO to develop a financial plan in this regard.

With regard to the extension of the bike path at Cresse Avenue , the Clerk reported that it was his understanding that the project will not be pursued due to cost factors and the legality of providing an improvement in an adjacent community. He added that Wildwood had indicated that they would be willing to authorize the project, but would contribute no funding toward the project. Mr. Groon stated his opinion that absent a “partnership” with Wildwood, the project cannot go forward. Mr. Cabrera inquired if the Joint Insurance Fund would have any input since there could be a safety concern with the Wildwood Boardwalk ending abruptly at that location. The Clerk responded that JIF would have no concern since there has been no indication that it is a safety matter and it merely involves bicycle access on and off the boardwalk which is strictly a “Wildwood issue”. It was decided to notify Triad Associates to not pursue anything further in this regard.

Concerning the concession rental on the fishing pier, Mr. Cabrera inquired if an exterior rendering of the building should be completed in order that potential bidders would be aware of what the property reconstruction would entail. The Clerk responded that there is no funding mechanism currently in place. Mr. Cabrera responded that there is money remaining that was earmarked for a CAFRA application that will not be necessary now. The Engineer interjected that he could not do a rendering until the governing body determines what it should entail. Mr. Cabrera stated that he did not want to go into 2009 before the project gets underway. Mr. Groon stated that there is an issue that needs to be resolved; that the funding needs to be discussed with the CFO.  Mr. Groon asked Mr. Cabrera where he intended to get the funding for the CAFRA permit application. Mr. Cabrera asked why a CAFRA application would be necessary. The Clerk responded that it would be necessary in order to find out if it would be possible to do what is being proposed. The Engineer added that CAFRA will raise the FEMA issue as he earlier indicated. The Clerk stated that the Borough cannot request bids for potential concessions without an indication that the structure will be approved by CAFRA; especially given the fact that action would be necessary on any bids received within 60 days.

The next matter for discussion was the DCRP Ordinance. The Clerk provided a draft of the ordinance for the review of the governing body that he had prepared. He requested that the governing body review the ordinance and provide him with any comments or changes. He added that the proposed ordinance sets the requirements from a “going forward basis.” The decisions that the certifying officer will be required to make will be based in no way on the contents of this ordinance but, rather, based upon the individual circumstances of the affected employees or professionals. He indicated that in his opinion it is complete based on the requirements of N.J.S. 43:15C-1, subject to final review by both the CFO and Solicitor.  He added that he would await final instructions from the governing body for placement of the ordinance on an upcoming meeting agenda.

With regard to the UEZ New Jersey Avenue Streetscape, the Clerk indicated that Commissioner Cabrera has initiated some action based upon money the Borough has in the UEZ fund. A decision from the governing body would be required in terms of what the plan should include. Mr. Cabrera stated that the Borough has funds in the UEZ account of approximately $175,000. The Clerk interjected that approximately $17,000 has recently been charged to said account by the governing body for Centers of Place Phase I application filing by Triad Associates. Mr. Cabrera added that the conceptual plan is to have Triad perform a series of meetings and study of the business area along New Jersey Avenue , and Triad has offered to do that for $6,500. Triad projects having two meetings in the fall and another later in the year to gather the sentiments of the business community and residents from a more specific developmental standpoint. Mrs. Gould said that it was her understanding that the concept would be “like a train station.” Mr. Cabrera responded that he had thrown out that idea. Mr. Cabrera inquired of the Clerk whether a resolution of the governing body would be necessary. The Clerk responded that it was his opinion that the Borough’s UEZ representatives should be in agreement with the plan, and the governing body would give their approval thereafter by resolution. That resolution could then be submitted to the UEZ for consideration by their board for approval of the funding request. The Clerk went on to state that all the Borough has at this point is a proposal from Triad that they will be charging the Borough $6,500 for certain things. Mr. Cabrera asked if the UEZ Board would  require any authorization from the Board of Commissioners to utilize those funds. The Clerk responded that ultimately it would have to come before the governing body for formal approval, but initially there needs to be some consensus among the governing body, with input by our UEZ representatives, for moving design/planning of the project forward. The Clerk suggested that the governing body place on the record an endorsement of submission of the proposal to the UEZ Board, subject to approval by the Borough’s UEZ representatives, and requesting authorization of the $6500 in funding for Triad Associates to commence the project design. The governing body voted unanimously in favor of making the funding request of the UEZ board.

The Clerk indicated that he could not move anything forward with regard to the Surf Camp without input from the governing body regarding the annual rents. Mrs. Gould stated that she has been advised that the present surf camp concession business is “off” by 30%. The Clerk inquired if the other business enterprise affiliated with that concession, his retail store on New Jersey Avenue , was also off by 30%?  Mr. Cabrera stated that the present rent is $3,000 per year, and has remained that amount for the last four years. The Clerk indicated that the current lease expires September 30, 2008 and the matter must be placed on the agenda of August 27, 2008 in order to have a new lease in place prior to the expiration of the current lease. Mr. Groon indicated that we currently charge non-profits $100 per day for the rental of our recreation fields and, if we agree that the surf camp operates for 60 days out of the summer, than a minimum bid of $6,000 yearly appears reasonable.  Mr. Cabrera suggested a starting minimum bid of $4,000 with an annual increase of approximately $250.00 for the balance of the lease . It was decided that the governing body would review the matter further, and provide the Clerk with a rental figure for the concession rental sufficiently in advance of the August 27, 2008 meeting.

There being no public present, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

Dated:        August 27, 2008

Kevin M. Yecco, Clerk/Administrator