Minutes of Commissioners Meeting   -   August 26, 2009

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 7:00 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 5, 2008.

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. 1079 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. 1079

BOND ORDINANCE PROVIDING FOR IMPROVEMENT OF THE

STORM SEWER SYSTEM IN AND BY THE BOROUGH

OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW

JERSEY , APPROPRIATING $125,000 THEREFOR AND AUTHORIZING

THE ISSUANCE OF $119,000 BONDS OR NOTES OF THE BOROUGH

FOR FINANCING SUCH APPROPRIATION

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1079.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1079 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1079 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1080 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. 1080

AN ORDINANCE OF THE BOROUGH OF WILDWOOD CREST REPEALING IN ITS ENTIRETY ORDINANCE NO. 979, ADOPTED AUGUST 24, 2005, ESTABLISHING CHAPTER 62 OF THE GENERAL CODE OF THE BOROUGH OF WILDWOOD CREST – SEX OFFENDERS RESIDENCE PROHIBITION, AND REPEALING ORDINANCE NO. 1037 ADOPTED APRIL 18, 2007, AMENDING SAME IN ITS ENTIRETY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1080.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1080 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1080 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. 81-09

(Authorizing approval of Change Order No. 1 – Final and Estimate Certificate No. 4 – Final in regard to Reconstruction of Beach Avenue)

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. 82-09

(Authorizing award of contract to Perna Finnigan, Inc. for the total project bid amount of $497,168.15 for the Reconstruction of Atlantic Avenue Storm Sewer between Cardinal Road and Cresse Avenue )

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. 83-09

(Authorizing issuance of special event permit to James McCleary and Bonnie Lee Palombi for the purpose of holding a wedding ceremony at Sunset Lake Gazebo on September 19, 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. 84-09

(Authorizing issuance of special events permit to Leukemia and Lymphoma Society for the purpose of a Walk-A-Thon on September 12, 2009)

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

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Mr. Cabrera, that all bills properly authorized, as submitted and full contained hereinbelow, 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 July 31, 2009 at accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings of July 15, July 22, and August 12, 2009, as well as the closed session minutes held on those dates, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera reported that the City of Wildwood had recently opened a dedicated recycling center, and he suggested exploring a shared services agreement with Wildwood to utilize that facility. He added that the facility is open seven days per week, 12 hours per day. He indicated that the facility is located at Roberts and the bay. All three Commissioners expressed interest in exploring the proposal and asked that Commissioner Cabrera follow-up further.

The Clerk reported that revised plans for the Rambler Road Park Project had been submitted to the governing body for their review. He added that there was potential for loss of funding if the project was not undertaken in a timely manner. The Engineer indicated that the CAFRA permit should be submitted no later than September 10, 2009. The Clerk indicted that in light of that deadline, the governing body should make a determination at this meeting in order to authorize submission of an application at the September 9, 2009 meeting. The Clerk asked for a motion to move forward with the plan as presented, dated August 12, 2009. Mr. Groon motioned, seconded by Mr. Cabrera, that said plan be approved. All three members of the governing body expressed their approval.

The Clerk reported that a determination was required at this meeting as well as to whether the governing body wanted to authorize submission of a Small Cities grant application for “west side storm drainage project” in the not to exceed amount of $500,000. The Clerk supplied documentation to the governing body regarding the proposed project. He explained that the drainage project would be along Cresse and Morning Glory Road . A discussion ensued regarding the proposed project. The Engineer explained that the funding to be applied for would come from the same source as the current Atlantic Avenue storm sewer project. There was discussion regarding the fact that the tideflex valves at the two locations had been replaced in 2007 and had already failed. The Engineer stated that the failure was caused by warping of the valve. He added that he spoke to the valve manufacturer, but was unable to get them to honor more than a one year warranty. The question was asked as to whether the failed valves are doing more harm than good, and whether the failed valves should be removed. The Engineer responded that the failed valves could be preventing the water from flowing back to the bay.

The Engineer was also asked if additional streets along Lake Road would require the same tideflex valve replacement, and whether that should be looked at as a long term project. The Engineer responded that it was possible. He was also asked about the area south of Crocus. His response was that it is not nearly as bad, since the Borough is lowest in elevation in the very northern end.

The Engineer indicated that the proposed project would include removing the existing bulkhead and replacing it, as well as some grading improvements to stop the water from coming up.

The Clerk inquired if it would be prudent to require the property owners on either side of the street ends to replace or repair their bulkheads if they are in poor condition. He responded that if the adjacent bulkheads are not functioning properly, it could impact the Borough’s bulkheads. The question was asked as to how to “force” property owners to replace their bulkheads. The Clerk responded that they would be notified that the Borough would not perform the work unless and until their bulkhead was repaired or replaced. The Engineer added that they could be “forced” if their bulkhead is negatively impacting the Borough’s infrastructure.

The Engineer was asked if there was any other type of engineering solution besides the tideflex valves to prevent the Borough from having to make the same repairs. He responded that there is an alternative to tideflex valves, but the cost is “astronomical.” He added that even if the tideflex valves were not replaced and all other improvements were made, there would still be a tremendous improvement in all except the most severe tides.

There was further discussion and suggestions to resolve the problem, short-term as well as long-term.

The Clerk indicated that, due to time constraints, he would require approval from the governing body to make application for a Small Cities grant for this project at this meeting.

The Engineer was asked if it was his recommendation to do Heather Road as an alternative project for the grant application. The Engineer responded that his reasoning for suggesting Heather Road was that it was in the center of the designated area. It was clarified that for the DCA grant application it was suggested to use the long-term drainage plan, or as an alternative plan, to use the reconstruction of Heather Road . The Engineer indicated that the entire “low to moderate income” area of Wildwood Crest would be impacted by the drainage project, whereas only a small portion of that area would be impacted by the Heather Road project. He added that DCA Small Cities grants utilize “low and moderate income” as a criteria for their awards. He added that the Borough’s cost for that project, inclusive of any possible grant, would be approximately $1.0 million.

With regard to the drainage project, he indicated that the cost to the Borough, after the DCA grant of approximately $500,000, would be approximately $500,000, since he estimated that the entire project would be $1.0 million. He added that the project would not have to be commenced until fall.

The Engineer also suggested that there may be additional sources of funding available, and the DCA funds would not have to be spent before other sources of funding were explored.

It was determined that the grant application would be submitted to the DCA for the larger project, and a final determination as to scope of the project made once a final grant award is determined from DCA. The governing body authorized Blauer Associates to move forward with a DCA grant application, at the authorized amounts under his current contract, for the project known as the “West Side Storm Drainage Project” in the not to exceed amount of $500,000, on Lake Road from Cresse to Morning Glory and/or Buttercup. Mr. Cabrera motioned, seconded by Mrs. Gould, that said authorization be provided.

Vote:          Gould-Cabrera-Groon-Yes

The Clerk reported that the agreement with the Wildwood Gables Yacht Club has not been finalized, although work has progressed.

Concerning the library renovations, the Clerk reported that he and Mr. Groon had reviewed the matter, and Mr. Groon requested that the matter be removed from the agenda.

With regard to the Borough telephone system, the Clerk reported that he had authorized the Police Department to install three dedicated telephone lines for their department. He added that the Deputy Clerk had been instructed to move forward in gathering information regarding an upgrade to the entire Borough telephone system.

The Clerk was directed to remove from the agenda the item entitled “ Cresse Avenue ADA beachfront access facilities intersect project.”

As to the telephone system, Mr. Groon reported that the Police Department would be going forward with upgrade to the 911 system, and, additionally, would be presenting a capital improvement request for 2010 for a dedicated telephone system for the police department if a Borough-wide system cannot be implemented for 2010.

Nancy Pietropaoli, 6002 Seaview Avenue , inquired about a letter she received from the State of New Jersey , Council on Affordable Housing. She was advised that every resident in Wildwood Crest was sent the same letter. She inquired if there was anything she needed to do. She was advised that there was nothing required of her. She was further advised that a planner had been retained by the Borough to address the COAH issues.

Carol Lapierre, 221 East Topeka Avenue , commented on the standing water on the beach at East Topeka . Mr. Cabrera responded that the water table on the back beaches is so high that the water cannot drain. He added that the beaches are regulated by the New Jersey Department of Environmental Protection and that the Borough presently has a beach maintenance permit before that agency which would address the problem. The Clerk interjected that the Borough is very limited by the DEP as to what can be done. Mr. Groon added that the Chief of the Beach Patrol has been instructed to report any build up of algae. Mr. Cabrera added that representatives of the DEP have toured the beach with Borough representatives, so they are very much aware of the situation. He added that it is hoped that over the winter the necessary work can be done to improve the drainage. He went on to assure Ms. Lapierre that the Cape May County Health Department inspectors are on the beach weekly to monitor bacteria counts and the overall situation.

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

RESOLUTION NO. 85-09

(Closed Session: personnel matters, specifically health benefits deliberations and UIU contractnegotiations; negotiations regarding continuing membership in COWCO)

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

Vote:          Gould-Cabrera-Groon-Yes

Upon  returning from closed session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 86-09

(Authorizing Notice of Intent to Withdraw from COWCO)

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

Vote:          Gould-Cabrera-Groon-Yes

Mr. Groon requested a discussion regarding reconfiguration of the second floor of Borough Hall to accommodate a new construction office. He presented two basic options for the review of the governing body. There was discussion of the pros and cons of the plans. Mr. Cabrera suggested as a short term plan to put the construction office in the existing conference room, but with the long term plan to construct a conference room over the flat roof of the municipal court offices.

Mrs. Gould interjected that she did not wish to give up the second floor conference room, but did like Mr. Cabrera’s suggestion of constructing a new conference room over the flat roof over the municipal court offices.

Mr. Groon suggested giving the governing body until the meeting of September 9, 2009 to make a decision regarding the reconfiguration of the second floor offices. He stressed that a decision would have to be made expeditiously so the Borough will be prepared for the Construction Code responsibilities.

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

Vote:          Gould-Cabrera-Groon-Yes

Dated:        September 23, 2009

Kevin M. Yecco, Borough Clerk