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Minutes of Commissioners Meeting   -   September 24, 2008

Note:  Complete Meeting Appears on Tape #27-08 and 28-08 on File in the Borough Clerk’s Office September 24, 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 Municipal Court Room at 7:900 p.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. 1063

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, TO ADD NEW ARTICLE VI, DEFINED CONTRIBUTION RETIREMENT PROGRAM, AND AMENDING ORDINANCE NO. 496 ADOPTED NOVEMBER 9, 1976, ORDINANCE NO. 594 ADOPTED MAY 22, 1984, ORDINANCE NO. 853 ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 990 ADOPTED DECEMBER 21, 2005, ORDINANCE 1001 ADOPTED FEBRUARY 22, 2006

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1063 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 8, 2008 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk announced that a taxicab rate change hearing would now be held. He indicated that notice was sufficiently provided to all current taxicab operators in the Borough of Wildwood Crest in accordance with the provisions of Chapter 73 of the Code of the Borough of Wildwood Crest regarding the proposed rate change. He added that the island-wide rate change has been initiated by the City of North Wildwood , through the recent adoption of an ordinance.

 

David Butler of Checker Cab indicated that he was representing his company, as well as Caribbean Cab and Yellow Cab. He indicated that the new rate schedule was instituted in the City of North Wildwood on September 16, 2008, and it is “working out very well” since customers are made aware in advance of what the charge will be.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

 

(Resolution to authorize new taxi rate schedule in accordance with provisions of Chapter 73 of the Code of the Borough of Wildwood Crest)

 

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

Prior to the vote, Mr. Cabrera requested a discussion on the motion.  Mr. Cabrera indicated that the resolution provided for $6.00 for one person for the first 24 city blocks, and asked Mr. Butler what the charge would have been under the former rate schedule. Mr. Butler responded that it was $3.85 for the first mile, plus $2.00 per mile after the first one mile. Mr. Cabrera then inquired as to the procedure under the new rate schedule for someone wishing to leave the island, would that rate then be negotiated? Mr. Butler responded in the affirmative. He added that the ability to negotiate fares for long distance trips has always been permitted.

 

Mr. Groon asked the Clerk if he had received a response from the City of Wildwood as to that municipality’s intent with regard to the taxicab rate change. The Clerk responded that he had not received a response. Mr. Groon then inquired as to the consequences of not adopting the pending resolution at this time. The Clerk responded that the rate schedule in existence from 1998 would remain in effect in the Borough of Wildwood Crest until further action is taken. He added that the difficulty would be in coordinating trips from North Wildwood into the Borough of Wildwood Crest or vice versa. Mr. Groon stated his opinion that it would be wrong to proceed without knowing what Wildwood intended to do.

 

Mrs. Gould stated that in view of Mr. Groon’s comments, she was withdrawing her motion. Mr. Cabrera indicated that he would withdraw his second as well.

 

The Clerk stated that the resolution would be scheduled for further consideration at a later meeting.

 

Mr. Cabrera stated as that he was having a problem with the “negotiated price” for any trips other than in the Wildwoods, and indicated that it was his opinion that fares based on mileage, even if it were to be increased to accommodate higher gas prices and insurance, would make more sense than basing fares on city blocks or negotiations. Mr. Butler responded that “we are trying to get away from the meter.” He explained that meter repairs are becoming more and more difficult due to the technical nature of the repairs, and there is no one locally who performs them.  He asked that the Commissioners give consideration to the proposed rate change.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 839-08

(Authorizing rescinding of Resolution No. 838-08 and authorizing retention of Blauer Associates as Community Development Consultant for Small cities Community Development Block Grant 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. 840-08

(Authorizing Blauer Associates to submit a DCA Community Development Grant application, in the amount of $500,000, for Atlantic Avenue Storm Sewer Replacement between Cresse Avenue and Heather Road )

 

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. 841-08

(Authorizing adoption of the State Model Citizen Participation Plan for DCA Small Cities Program)

 

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. 842-08

(Authorizing designation of the Borough Clerk as Small Cities Fair Housing Officer)

 

Mr. Cabrera motioned, seconded by Mrs. Gould, 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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor, for the month ending August 31, 2008, be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held August 27, September 10, 2008, as well as special meetings held September 4, and September 12, 2008, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that the Engineer had provided revised plans for the Rambler Road Park Project, as well as revised cost estimates.

 

With regard to the concession rental at the fishing pier, Mr. Cabrera indicated that the Commissioners had discussed at a prior meeting an opportunity to go out to bid and permit the potential winning bidder to perform the renovations to the exterior as well as the interior. He inquired if that was still a possibility. It was his opinion that that course of action should be attempted first before making a decision to fund the exterior renovations in 2009. The Clerk responded that the Solicitor had already confirmed in her legal opinion that the Borough was limited to a ten year maximum lease for the premises. He went on to state that if a bid could yield an amount to be estimated by the Engineer, that might be possible. Mrs. Gould inquired of Mr. Cabrera whether he knew of someone who wanted to do exterior and interior renovations.

Mr. Cabrera responded that he was not aware of anyone, but it was his opinion that the Borough should go in that direction to see if there is any interest which would give the Borough the opportunity to fund the exterior renovations in the 2009 or 2010 budget. The Engineer inquired if the bid would be based on the design that the Commissioners envision, or would it be up to the bidder to come up with a design? The Clerk responded that all plans would be subject to the Borough Engineer’s review, and final approval from the Board of Commissioners. The Engineer reiterated his inquiry, stating that if the Commissioners would be telling the bidders what the design must be, detailed bid specifications would have to be prepared. However, if the design is to be left up to the bidder, to be approved by the Engineer and the governing body, the bid specifications would not have to be as detailed. Mr. Cabrera responded that it was his opinion that the design should be left up to the bidder, subject to the approval of the governing body and the engineer. Mrs. Gould concurred, adding that she did not want to see any more of the Borough’s money go into the pier. The Solicitor interjected that the issue of permits must be considered. The Engineer concurred, stating that in order to obtain a permit, a plan would be required. The Clerk interjected that it was his understanding that that would be exclusively the obligation of the owner. The Engineer responded in the affirmative. Mr. Cabrera reiterated his opinion that the Borough go out to bid to determine if there is an individual who would be potentially interested in undertaking the project, and once the Borough approves the design, at that time the Borough would apply for the CAFRA permit. Mr. Groon inquired if the CAFRA permit application would be a repair and maintenance application as opposed to a new construction application. The Engineer responded that it would depend upon what the bidder proposed to do. He added that the bid specifications could specify that the bidder must stay within the existing footprint.

 

The Solicitor indicated that it was her opinion that there would have to be numerous conditions on the bid, as well as contingencies, and reimbursement of costs to the Borough such as engineering review and bid specification preparation.   

 

Mr. Groon inquired what would be the difference between Mr. Cabrera’s suggestion, and the Borough undertaking the exterior renovations and leaving the interior renovations to the bidder. The Engineer responded that it would be much less complicated with the Borough doing the work. The Clerk stated that the difficulty would be in trying to frame specifications that would permit there to be money realized by the successful bidder over a limited (10 year) period of time against the costs to be realized in advance by that bidder for both interior and exterior construction.

 

The next matter for discussion was the Rambler Road Park Project. The Clerk indicated that he had supplied revised cost estimates and plans from the Engineer for the review of the governing body. The Engineer stated that the plan was based on eliminating the gazebo and what was discussed at the meeting of September 10, 2008. Mr. Groon stated that his approach to the plan would be somewhat different; that the bike rental building, the playground and turn-around should be included in the first permit application. His reasoning was that two of those three items would probably be done “in house,” those being the playground and the bike rental building. Additionally, he stated that the Borough would want to be in a position to take advantage of any grants in November without applying for another permit. He concluded that including Phase II of the project in the first permit application would have merit. The Engineer stated that the biggest issue would be the bike path realignment. Mr. Cabrera suggested that the gazebo should remain. Mrs. Gould stated that the matter needed to be moved forward since time was running short. The Clerk stated that the options available to the governing body were to authorize the Engineer to submit a permit application for the full scope of the project, or scale it back significantly and provide for the total construction of the parking area with current revenues. Mr. Groon stated that that would change the scope of the bike path and force the governing body to make the other decisions now, because if the bike path and bike rental building are moved, that would trigger all of the other costs. Mr. Cabrera interjected his opinion that the parking lot should be Phase I, and then “take it from there.” Mr. Groon inquired of the Engineer as to what difference an additional six weeks would make in the grant process. The Engineer responded that he did not think he could put an application together in less than six weeks. Mr. Groon indicated that his question was whether the governing body should wait to see what the grants are and then come back to the table. The Engineer responded that he could start getting some of the basics together for the application. The Clerk inquired as to what point would the Borough be required by law to have the project under way in order to retain the grant money already received. The Engineer responded that the Borough has until 2010 to have the project completed, and it should be substantially under way in 2009. Mr. Cabrera inquired as to how much money the Borough could potentially received from other grants. Mr. Groon stated that there was $1.1 million budgeted, and when it is determined how much is to be received from grants, that money could be rearranged to do more of what you want, where you want it.

 

Mr. Cabrera stated that he was not sure the governing body was in agreement on the final design. Mrs. Gould responded that the governing body was in agreement with the parking lot. Mr. Groon stated that he had no problem with the bike path. Mr. Cabrera added that the gazebo and bike shop were being removed from the plan. He went on to state that the playground would be relocated. The Clerk interjected that that was the only option available if the turn-around was to be included. The Engineer added that if the Borough was going to put forth the effort and spend the money to improve the safety in the area, the turn-around is essential. Mrs. Gould inquired if the governing body was in agreement. Mr. Groon responded that he did not think so, but agreed that they all needed to be in agreement. The Clerk stated that the governing body did have the option of withholding a final determination until what additional funding, if any, is to be received. Mr. Cabrera stated that the governing body should wait in that event. The Clerk said   that, in the interim, the governing body must make a definitive determination regarding the turn-around. He added that the parking lot could be done in 2009 without impacting the rest of the project.

 

It was agreed that a final determination would be held off for six weeks pending receipt of a determination of grant funding.

 

There being no further matters for discussion, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 843-08

(Closed Session – Potential building/land acquisition; review and potential revision of the contract with the County of Cape May for the proposed renovation of the Crest Library; negotiations of COWCO renewal agreement)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, and 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:        October 22, 2008

Kevin M. Yecco, Clerk/Administrator

 

MINUTES OF MEETINGS INDEX