Minutes of Commissioners Meeting   -   October 21, 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– Groon – Yes                               Cabrera - Absent

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. Groon, that Ordinance No. 1081 be placed on second reading and final passage by title only.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1081

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY

ORDINANCE,” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN

THE COUNTY OF CAPE MAY , NEW JERSEY , PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR

THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1081.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1081 be closed.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1081 be passed on second and final reading and advertised according to law.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 122-09

(Authorizing award of bid to Garden State General Construction, Inc., at the not to exceed contract amount of $21,000 for 2009-11 Trench Restoration throughout the Borough as required)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 123-09

(Authorizing re-appointment of Gruccio Pepper DeSanto & Ruth, PA, as a professional services contractor not in accordance with the provisions of Fair and Open pursuant to Pay-to-Play, as Labor Counsel, at the hourly rate of $140 for the period October 21, 2009 through October 20, 2010)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 124-09

(Authorizing adoption of the 2010 Commission Meeting Schedule in accordance with Annual Meeting Notice requirements of the Open Public Meetings Act)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 125-09

(Authorizing rejection of the bids received for Construction of Fern Road Park Bandstand due to said bids being significantly over budget)

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted and as fully contained hereinbelow, be paid.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending September 30, 2009 be accepted as presented and filed.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of meetings held September 9, September 23, and October 7, 2009, as well as the closed session minutes held on all three dates, be approved as presented.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

The Clerk reported that he and Mr. Groon would be meeting with representatives from North Wildwood, as well as the potential candidate for Construction Official, on Friday, October 23, 2009, to firm up the appointment. They will also be meeting with the Technical Assistant to Construction Official candidate at that time as well. Additional discussion will include funding necessary for the start-up costs to be transferred at the November 4, 2009 Commission meeting.

With regard to the matter of flooding in the southwesterly portion of the Borough, the Engineer had presented cost estimates for repairs. First, he was asked what the results of his meeting with the CFO were with regard to use of stimulus funds. The Engineer responded that he had met with the CFO, who in turn had spoken to Bond Counsel, and the recommendation was that the west side project be left out of the current infrastructure trust project, and if the governing body wished to proceed with work in that area, it was the CFO’s opinion that there were adequate funds in place to bond that project. He was next asked to clarify the “west side” project, since there are three aspects to the “west side.” One of the projects was the Washington Avenue drainage project ($640,000) and he was asked if stimulus funds could be utilized for that project. The Engineer responded that the DEP has indicated that they would fund it, but it would be their preference that another application be submitted for that project. He added that the cost estimate of $640,000 was based on a stand-alone project. Concerning the Seaview Avenue interconnect to address the flooding problem at Newark and Bayview, the cost estimate was $190,000. The Engineer indicated that it was his opinion that if both projects were done as one project there would be an economy of scale in the costs.

With regard to Miami Avenue , the Engineer indicated that the 300 block of that street has experienced a few emergencies over the course of the past year. The Engineer was questioned as to whether that was part of the flooding problem. He responded that it was not. He added that it is strictly a sanitary sewer issue. He was asked if it is an emergent project. He advised that it is. He went on to state that the pipe is in poor condition and he did not think that when the Seaview Avenue project passes the Miami Avenue point there will be a pipe in sufficient condition to connect to. He added that the Sewer Vac Operator has indicated that it is impossible to clean the line at that location. He was then questioned as to whether there existed a list of all the lines that the Sewer Vac cannot clean. The Engineer responded that he did have that. He was asked if that should be included in the current project and he responded in the affirmative. The Engineer next advised that the DEP has indicated that it would not be a problem to fund that project with a cost estimate of $195,000.

The Engineer was then asked about the project on Washington Avenue between Seaview and the beach and whether that was part of the current project. He responded that what is included on Washington Avenue is the replacement of the storm drainage system, not the sanitary sewer system. He added that the Sewer Vac operator had approached him after the applications for funding had already been submitted and advised that he was having serious problems with the sewer line on Washington Avenue . He also indicated that the DEP has advised that there would be no problem to add that into the current project with a change order since the street will already be opened.

The Engineer indicated that he had spoken to the CFO, who recommended that the Washington Avenue portion of the project be added by change order to the Seaview Avenue , Phase 3 project, to be included in Bond Ordinance No. 1077(b). The CFO would like to add the Miami Avenue portion to the Phase 2 Seaview Avenue project, by Ordinance No. 1061(c) since there are more than adequate funds available. The contractor has agreed to a change order.

With regard to resurfacing the Public Works lot, the Engineer indicated that the best time to do that would be when the Washington Avenue drainage project is done since the work would go through that site. Assuming the site is sufficient for an overlay, the cost estimate would be approximately $100,000 to $125,000 if it is added to the other project. It was his recommendation that the site not be overlayed because the asphalt is in such poor condition that an overlay would fail in less than two years. He offered that it was his opinion that if it is done in conjunction with Washington Avenue with a complete reconstruction of the lot, the cost estimate would be in the vicinity of $175,000 to $180,000.

It was recommended that the Miami Avenue project be added to the Seaview Phase 2 project since the funds are already available, and the Washington Avenue sewer project be added to the Seaview Avenue Phase 3 project. The Engineer indicated that he would prepare the appropriate change orders.

The Clerk suggested that at some point a weekly meeting should be held between the Engineer, the CFO, the Clerk/Administrator and the Commissioner of Public Works in order to develop a street priority list from a proactive standpoint. Mr. Groon interjected that it was his opinion that any such report should be provided to all three Commissioners.

The Engineer was asked if he had a list of other sewer lines that were in need of repair or replacement. He responded that he had recently had a meeting with the Commissioner of Public Works and the Sewer Vac operator in order to prioritize the streets that are in need of immediate attention. He advised the Sewer Vac operator to provide him with a list of those streets in priority order. He indicated that he would provide that list to the governing body for their review. He was asked how many streets were involved. The Engineer responded that on the list for long term there were about 40 blocks. He added that there are approximately 10 of those that have serious problems.

The next matter for discussion was the Borough Holiday Schedule for 2010. The Clerk provided the proposed schedule to the governing body for their review and asked for their approval as presented. He added that the schedule follows the contractual obligations in terms of the holidays that are provided. It was unanimously approved.

Concerning the Environmental Commission’s request for an ordinance requiring contributions towards environmental damage in the Borough, the question was asked as to whether the Borough should be moving forward with that matter. The Solicitor stated that the governing body would have to amend the ordinance if they wish to include a penalty that it not presently contained in the ordinance. She was asked if there is an advantage to doing so and, in turn, responded that it was her understanding that that was the recommendation from the Municipal Court Judge. She was asked to review the ordinance and provide a recommendation to the governing body. She indicated that the Chairman of the Environmental Commission had requested a sample from another municipality, and she had been waiting on that. The Clerk was requested to contact the Chairman for his comments and suggestions in that regard and provide all information received to the Solicitor.

The next matter for discussion was the fitness park pavilion bids. Mr. Groon inquired as to the status. The Clerk responded that all bids had been rejected by resolution earlier in the meeting, with no re-advertisement. He added that direction has been provided to the Engineer and that the position has remained – scale back the project and come in under budget.

With regard to the taxi fee schedule, Mr. Groon indicated that he had requested that the matter be placed on the agenda because there are two different fee schedules on the island, with Wildwood and Wildwood Crest following one scheduled, and North Wildwood having a different schedule. He added that the problem is that most taxi users are crossing municipal lines. The Clerk/Administrator was asked to contact Wildwood to determine if they would be making any changes to their fee schedule.

Mr. Groon asked that the discussion return to the Washington Avenue project. He asked of the Engineer if the public works lot is reconstructed and repaved to include a new outfall line, would there be an elevation problem created. The Engineer responded that the water problem is at Newark and Bayview and on Jefferson at the bay. He added that the lot is low, but generally there is no standing water or flooding in the parking area. Therefore, he would not want to raise that area. The Engineer was asked what he would do about the gravel road behind the public works garage. He indicated that unless there is an interest in improving that road, he would leave it as it is.  When next questioned about any potential problems at Jefferson, the Engineer responded that there is a problem at the far west end of Jefferson, and the cost estimate for Washington Avenue includes funds to correct the interconnect at Jefferson.

The next matter for discussion was the Borough telephone system and tourism. The suggestion was made that the main phone number for tourism be moved to the recreation center in order to have the phones answered year around. Mrs. Gould responded that the Borough does not have tourism information to provide to the public, and that is why the Borough retains membership in the Chamber of Commerce; i.e., in order to be able to obtain those publications. The argument was made that in March, April and May, when people are making vacation plans, the tourism center is not covered to respond to those inquiries.  The Mayor requested that all reconsider our present tourism telephone system.

The Engineer was questioned about the status of the kayak launch area. He responded that Mr. Cabrera was to have set up a meeting. The Solicitor was asked to follow up with that.

Concerning the Uniform Construction Code ordinance, the Solicitor reported that she had spoken to the Solicitor for the City of North Wildwood , who represented to her that the Borough and North Wildwood would be doing a joint services agreement for the sub-code officials. The Clerk/Administrator responded that that was correct. He added that the Borough had already adopted a resolution authorizing North Wildwood to be lead municipality for RFP’s for that purpose. Additionally, a resolution for a shared services agreement would be required for services to include the Technical Assistant on a shared basis, fifty/fifty through the end of 2009. Thereafter, the Borough would incur 20% of the costs, including salary and wages and health insurance, for the first three months of 2010. It would also have to include the Borough providing fifty percent of the costs, reimbursable upon presentation of the bill from North Wildwood, for health insurance for the construction official as well. The Solicitor stated that the North Wildwood Solicitor had indicated to her that an additional resolution would be required at the November 4^th meeting to authorize a joint services agreement because of the sub-code officials being shared. The Clerk concurred. It was decided that a meeting would be scheduled between the Solicitors and the Administrators of the municipalities to finalize all outstanding issues.

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

Dated:        November 23, 2009

Kevin M. Yecco, Borough Clerk