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Minutes of Commissioners Meeting   -   March 11, 2009

Note:  Complete Meeting Appears on Tape #7-09 on File in the Borough Clerk’s Office March 11, 2009
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 9:00 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 February 18, 2009 at 4:00 p.m.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1070 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. 1070

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40, LICENSES, ARTICLE I, MERCANTILE LICENSES, SECTION 40-3, ISSUANCE, AND SECTION 40-4, FEES FIXED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 244 ADOPTED AUGUST 10, 1959, ORDINANCE NO. 282 ADOPTED JUNE 27, 1962, ORDINANCE NO. 460 ADOPTED FEBRUARY 13, 1974, ORDINANCE NO. 511 ADOPTED DECEMBER 27, 1977, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, AND ORDINANCE NO. 1064 ADOPTED NOVEMBER 24, 2008

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1070.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1070 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1070 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. 1071

BOND ORDINANCE APPROPRIATING $225,000, AND

AUTHORIZING THE ISSUANCE OF $214,200 BONDS OR

NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1071 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1072

A CAPITAL ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF BEACH AVENUE BETWEEN CRESSE AVENUE AND HEATHER ROAD AND APPROPRIATING THEREFOR THE AMOUNT OF $240,000 FROM CAPITAL IMPROVEMENT FUND

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1072 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1073

AN ORDINANCE TO AMEND ARTICLE VI, SECTIONS 39-43 TO 39-47 – ZONING OFFICER, OF CHAPTER 39 – LAND USE PROCEDURES, IN ITS ENTIRETY, REPEALING ORDINANCE NO. 993 ADOPTED JANUARY 18, 2006 AND ADOPTING NEW ARTICLE VI, SECTIONS 39-43 TO 39-47 – ZONING OFFICER, OF CHAPTER 39 –LAND USE PROCEDURES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1073 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1074

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 – ARTICLE XIV – EXCEPTIONS AND DEVELOPMENTAL REGULATIONS – SECTION 85-69 – LANDSCAPING IN ALL ZONES, AND SECTION 85-74 – VEHICULAR ACCESS TO PRIVATE PROPERTY, SUBSECTION D – NEW AND RECONSTRUCTED CURB CUTS, AND AMENDING ARTICLE XV- DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS – SECTION 85-90 – CIRCULATION, PARKING, DRIVEWAYS AND LOADING AREAS DESIGN STANDARDS, SUBSECTION E – CURB CUTS IN RESIDENTIAL AREAS

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1074 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1075

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, 79-6, PARKING TIME LIMITED, SECTION 79-7, HANDICAPPED PARKING

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1075 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 25, 2009 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 931-09

(Authorizing 2009 Temporary Emergency Appropriation in the amount of $100,000 for the Capital Improvement Fund)

 

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. 932-09

(Authorizing submission of the Application to the NJ Department of Environmental Protection and the NJ Environmental Infrastructure Trust for the replacement of the Seaview Avenue Sanitary Sewer Main from Nashville Avenue to the MDL and the replacement/extension of various beach storm sewer outfalls)

 

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. 933-09

(Authorizing re-appointment of Mark Roszkowski to the UEZ Board of Directors for a term of one year commencing effective March 15, 2009 and terminating March 14, 2010)

 

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. 934-09

(Authorizing advertisement of Notice to Bidders for one Model Year 2010 29-Cubic Yard Trash Packer)

 

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. 935-09

(Authorizing endorsement for submission of recycling tonnage grant application to the NJDEP)

 

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. 936-09

(Authorizing Tax Reimbursement Certification in conjunction with Recycling Enhancement Act)

 

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. 937-09

(Authorizing ambulance transport overpayment refund in the amount of $97.96 to Angelo DiDolci)

 

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. 938-09

(Authorizing submission of an Assistance Firefighter Grant Program application for NFPA compliant air packs)

 

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. 939-09

(Authorizing advertisement of Notice to Bidders for one 2009 Ford Explorer, or equivalent)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Fitness Park pavilion, Mr. Cabrera stated that the summer season is quickly approaching and the Borough does not have a clear determination from the neighboring property owners as to which plan they have chosen. He presented several plans to the governing body for their review. He indicated that the first plan has been approved by CAFRA. The second plan is the design being contemplated by the neighboring property owners, and the estimated cost would be approximately $110,000. The final plan presented contained an aluminum insert spelling out “C-R-E-S-T.” Mr. Cabrera indicated that the Borough presently has $50,000 budgeted for the project, and the difference of $60,000 was to have been paid by the neighboring property owners. He added that it does not look like they are going to be able to agree in the near future on a design plan. Mrs. Gould inquired if a stage and electric would be included. The Engineer responded in the affirmative. Mrs. Gould next asked if the roof would be a type of fabric. The Engineer responded in the affirmative. Mrs. Gould inquired if the fabric roof would be noisy in the wind. The Engineer responded that winds up to 45 mph should not create any noise. Mrs. Gould lastly asked what material would be used for the support poles. Mr. Cabrera responded that they will be stainless steel.

 

The Clerk interjected that it was his understanding that the funding mechanism is reliant upon the donations from the motel owners, and if that is the case, the Solicitor should be “brought into the loop” in terms of requiring execution of certain documents releasing the Borough from any obligations to those property owners for their donations. Mr. Cabrera stated that the property owners have been made aware of that. He added that since the matter is taking so long to resolve with the property owners, he was suggesting “taking it out of their hands” and proceed forward with the plan that is already approved by CAFRA; but that the Borough would have to put an additional $60,000 into the budget.

 

Mrs. Gould and Mr. Groon both indicated that they like the first plan.

 

Mr. Cabrera advised that the pavilion is the “last part” of the park project, and whatever the Borough puts there should be architecturally attractive.

 

Mrs. Gould expressed a concern about obtaining the fabric roofing material in the future should the roof be damaged in a storm. Mr. Cabrera indicated that there are several manufacturers of the material. The Engineer added that worst case scenario would be that it could be retro-fitted with an alternative material.

 

The Clerk cautioned that if the governing body wished to proceed with the project for the 2009 summer season, the bid process would have to be authorized at the March 25, 2009 meeting. He added that if the work to be bid is below the bid threshold, and the balance of the work is to be done by Borough employees, the cost of the roof could be done with quotes only.

 

Mr. Groon inquired if the plan includes lighting. The Engineer responded in the affirmative. Mr. Groon then inquired as to the type of lighting planned. Mr. Cabrera said that lights would be included under the roof.

 

The Clerk inquired if there was agreement between the three Commissioners to move the project forward. The response was unanimously in the affirmative. Mr. Groon added that Mr. Cabrera should go back to the neighboring property owners to discuss a “reduced role” on their part in completing the project.

 

The next matter for discussion was the COWCO renewal agreement. The Clerk indicated that he had received no additional communications from the City of Wildwood as to what the Borough’s contributions would be in 2009 and going forward. Mr. Groon inquired if any additional meetings had been scheduled. The Clerk responded that no additional meetings had been scheduled. Mr. Groon next asked if the Borough was operating under the 2008 contract. The Clerk responded in the affirmative, adding that it is a question of the Borough’s contribution. He went on to state that he and Mrs. Gould had voiced objections to certain items the City of Wildwood wanted included, and reduced the scope to Wildwood’s planned operating costs.

 

Mr. Groon stated that he would like to limit the Borough’s exposure. The Clerk concurred.

 

The Clerk requested that the Solicitor provide an opinion prior to June as to the Borough’s ability to withdraw from COWCO at the end of 2009.

 

The Clerk stated that the Borough has made additional provision in the 2009 budget for costs based upon the projected decline in revenues from permit fees as of the close of 2008 and the first two months of 2009.

 

With regard to the concession rental of the fishing pier store, the Clerk indicated that he continues to receive letters of interest from potential bidders, but the Borough cannot move forward with anything in that regard until the DEP provides a response as to what the Borough can or cannot do concerning rehabilitation of the structure. Mr. Cabrera stated that he was in the process of reviewing the comments of the Solicitor and Engineer as to the “draft” bid specifications. As to the DEP licensing aspect, Mr. Cabrera asked if the Borough must make formal application if the renovations are confined strictly to the existing footprint. The Engineer responded that the value of the improvement is also considered. He added that if the renovations exceed 50%, regardless of staying in the footprint or not, a permit is required.  The Engineer continued by saying that it was his opinion that the Borough’s only safe approach would be to obtain a permit to complete the improvement and that the concern was that there would be little interest from bidders if the Borough does not obtain a permit.

 

The Clerk stated his opinion that a permit should be obtained prior to bid specifications being formulated and sent out to potential bidders. The Solicitor concurred.

 

On the subject of dedication of public parks, the Clerk reported that the matter is still being worked on with potential names and that Commissioner Gould continues to take the lead.

 

As to records storage issues, the Clerk reported that funding ($50,000 via bond ordinance) is being put into place to rehabilitate a portion of Borough Hall for that purpose.

 

With regard to the UEZ New Jersey Avenue streetscape, Mr. Cabrera reported that it was originally discussed to hire Triad Associates as the Borough’s grant writer to perform the work of community outreach and planning. However, Mr. Cabrera indicated his opinion that a professional architect or planner could be retained to do the work and he will investigate further.

 

There being no additional matters for discussion, and no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        March 25, 2009

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX