Minutes of Commissioners Meeting   -   September 9, 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 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 5, 2008.

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. 87-09

(Authorizing fireworks display at Seafarers’ Celebration on Saturday, September 26, 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. 88-09

(Authorizing certain musical performances at Seafarers’ Weekend at costs not to exceed $4,050)

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. 89-09

(Authorizing Notice to Bidders for Construction of an Elevated Bandstand at Fern Road Park )

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. 90-09

(Authorizing issuance of a special events permit to Dina Bolton and Gordon Heater for the purpose of a wedding ceremony on the beach at Rosemary Road on October 2, 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. 91-09

(Authorizing award of contract to Richard Gabriel Associates in the not to exceed contract amount of $7,000 for the performance of an actuarial valuation of post-employment benefits in accordance with GASB-45)

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. 92-09

(Authorizing submission of an application to NJ Dept. of Community Affairs, Small Cities Community Development Block Grant Program, in the amount of $500,000, and authorizing Mark Blauer to serve as the authorized consultant)

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. 93-09

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

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. 94-09

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

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. 95-09

(Authorizing cancellation of unappropriated reserves in the total amount of $3,980.90 in conjunction with certain previously awarded grants)

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. 96-09

(Authorizing cancellation of grant receivables for State of New Jersey : FY 2006 Small Cities Block Grant No. 06-3492-00 in the amount of $1,481)

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. 97-09

(Authorizing refund to Mitchell Nichols Enterprises, Inc. in the amount of $2,342.50 in conjunction with a street opening permit for 6308 Park Boulevard )

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. 98-09

(Authorizing refund to Garden State General Construction in the amount of $8,625 in conjunction with a street opening permit for 407 E. Monterey Avenue )

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. 99-09

(Authority three reserve in the total amount of $2,532.56 be closed to the Reserve for Recreation dedication by rider and two reserve in the amount of $8,599.38 be turned over to the current fund as miscellaneous revenue not anticipated)

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. 100-09

(Authorizing cancellation of certain appropriated reserves in the amount of $4,133.20 for certain federal and state grants previously received)

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. 101-09

(Authorizing approval for successor UIU Contract for the period retroactive to 1/1/09 through 12/31/12)

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. 102-09

(Authorizing Notice to Bidders for NJEIT (Seaview Avenue, Phase 3, ocean outfall extensions and Washington Avenue storm sewer) project

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

Vote:          Gould-Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mrs. Gould, that all bills properly authorized, as presented and which appear in full herein below, be paid.

Vote:          Gould-Cabrera-Groon-Yes

Louise Johnstone, 300 East Miami Avenue , inquired if there would be a change in plans for transporting handicapped people to the water on the beach. She indicated it was her understanding there had been discussion about the Borough no longer providing that service. Mr. Groon responded that the only discussion that he been had was to centralize the service to one location at Rambler Road because of staffing limitations. He stressed that the Borough has no plans to eliminate the service. Mrs. Johnstone asked if centralizing the service would necessitate all handicapped people going to one location, and not to be able to go to the beach they desired. She indicated that she would object to that. Mr. Groon responded that if the Rambler Road Park project becomes a reality, it would increase the handicapped parking at that location.

Jim Johnstone, 300 East Miami Avenue , inquired if the Borough would be going into debt for $6.5 million for the Rambler Road project. Mr. Groon responded that the $6.5 million is for three projects: (1) complete Seaview Avenue reconstruction; (2) complete the outfall lines on Washington Avenue from Seaview to the bulkhead, and (3) to extend all of the outfall lines which is creating a water problem on Seaview Avenue . He explained that although the projects exceed what the Borough normally does in one year, the Borough anticipates receiving assistance through the stimulus program.

Mr. Johnstone referred to the street flooding experienced in the previous couple of weeks. He indicated that the water level was extreme. Mr. Groon responded that the Borough recognizes that the situation is critical and the Borough is attacking the issue. Mr. Johnstone asked that, as a temporary solution, barricades be put up during flooding to eliminate traffic through the flooded areas. Mr. Groon responded that he would discuss the situation with appropriate staff.

Mrs. Johnstone returned to her comments regarding handicapped access to the beach. She inquired if the scenario outlined by Mr. Groon would mean that all handicapped persons would have to remain at the Rambler Road beach, or would they be transported to the beach of their choosing. Mr. Groon responded that it has not been discussed. Mrs. Johnstone reiterated her position that she would object to handicapped persons having to remain at Rambler Road . Mr. Groon reiterated that the matter had not been discussed, but would be discussed publicly prior to any determination being made.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be recessed at this time (9:50 a.m.), and be reconvened at 11:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

At 11:30 a.m., the meeting was reconvened.

The first matter for discussion was the Uniform Construction Code Office. The Clerk reported that he had received a number of applications for both the Construction Official and the Clerk for the Construction Office (TACO). He added that the next step in the process, depending upon how those applications turn out, would be to start working on the necessary ordinances regarding permit fees, withdrawing from COWCO, etc. Mr. Groon inquired as to the process for interviews for the positions advertised. The Clerk responded that any interviews should include representatives from North Wildwood. He added that the advertisements indicated the receipt of applications would close on September 22, 2009 for construction official. He suggested that as soon as that closing date has passed, the interview process could commence. Mr. Groon inquired as to whom would be doing the interviewing. The Clerk responded that it would be the Mayor and Administrator from North Wildwood. Mr. Groon indicated that he suggested the same for Wildwood Crest. Mrs. Gould agreed.

Mr. Cabrera interjected that, with regard to the physical facilities for the construction office, he had met with the engineer and an architect to discuss various configurations and options. It was concluded that due to budgetary implications, those facilities would have to be worked into the existing footprint, and a possible expansion of the second floor could take place in 2010.

The Solicitor stated that the ordinances would have to be introduced in October in order to be effective by January 1, 2010. The Clerk concurred.

Concerning Mr. Cabrera’s comments, Mr. Groon requested that a decision be made within the next two weeks as to the configuration of the second floor to include the construction office within the existing space. He suggested that a decision be made at the meeting of September 23, 2009.

With regard to the Beach Maintenance Permit, the Clerk reported that many of the beachfront motels have stairs leading to the beach through the Borough’s bulkhead. He indicated that they potentially present problems for the Borough and must be addressed, especially as to their impact on the dunes. He asked the Engineer to keep the matter in mind during any permitting process.

As to the west side infrastructure, the Clerk indicated that the governing body would have to make a determination with regard to the scope of the project for capital funding in 2010. Specifically, will it be the intent of the governing body to have a short-term remedy or a long-term remedy?  It was ultimately determined that that decision will hinge on the outcome of the Borough’s grant application to the DCA and funding provided.

An application was received from the New Jersey Beach Buggy Association requesting permission to hold a fishing tournament on the beach in October. It was suggested that the Chief of Police, the Beach Patrol Director and the Recreation Supervisor all should be involved in the matter. The Clerk added that it is the same weekend as the Hydrofest, and asked if the Borough’s resources could withstand the two events simultaneously. Mrs. Gould interjected that it was her opinion that they be permitted to utilize the Wildwood Crest beach since they were not permitted to use the North Wildwood beach because of the beach replenishment project, but she had questions about their request for overnight privileges. With regard to their request to utilize the Nesbitt Center , Mrs. Gould suggested that the telephone be disconnected to prevent unauthorized usage. The Chief of Police added that from a public safety aspect, it was his opinion that his department would be able to handle both events simultaneously. The Clerk inquired if the governing body wished to charge for the use of the Nesbitt Center .  All agreed that there would be no charge and all ordinances would be required to be complied with for the event.

Mr. Groon suggested limiting the number of blocks to be permitted to be used and to have the Department Heads work out all the details.

Mr. Groon inquired of Mrs. Gould what the status of the telephone at the Nesbitt Center was. She indicated that it is still connected and is being manned on weekends.

With regard to Rambler Road , the Engineer reported that the only issue he had was with the bathrooms. He inquired if there was any interest in a pre-fabricated structure, since he would have to be providing details to the DEP in the near future. It was decided that he would include stick built as a “worst case” which could always be scaled back to pre-fabricated at a later date.

Concerning the Borough Hall telephone system, Mrs. Gould reported that the Deputy Clerk had made inquiries and there may be extra lines available in the current system from lines that were previously utilized as data lines and could be converted to voice lines. She added that the Deputy Clerk was working on obtaining more information.

Mr. Cabrera inquired of the Engineer whether renovations to the fishing pier would be included in the DEP permit. The Engineer responded that in order to save on permit fees, he had intended to include the fishing pier in the permit application. It was unanimously agreed that the fishing pier renovation be included in the permit application.

Mr. Groon also suggested that the Engineer include in the application a walkway through the dunes similar to what he had seen in Virginia . The Engineer indicated that there are several materials that can be utilized for “dune cross overs” that are ADA compliant. Mr. Groon clarified that he was suggesting a north/south trail through the dunes.

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

RESOLUTION NO. 103-09

(Closed session: Personnel matters; negotiations)

Mrs. Gould motioned, seconded by Mr. Cabrera, 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:        October 28, 2009

Kevin M. Yecco, Borough Clerk