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Minutes of Commissioners Meeting   -   February 24, 2010

Note: Complete Meeting Appears on CD #05-10 on File in the Wildwood Crest, NJ Borough Clerk’s Office February 24, 2010
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 7:00 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, the Herald and The Press on October 23, 2009.

 

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. 1094

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2010 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1094 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 24, 2010 at 7:00 p.m.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 216-10

(Establishing sewerage rates and fees and minimum charges for CY2010)

 

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. 217-10

(Authorizing execution of a “JIF Safety Contract” and participation in the JIF Safety Program by Borough Department Heads)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

The Clerk reported that the Borough of Wildwood Crest received a “Silver” designation from the Atlantic County Municipal Joint Insurance Fund for their Safety Incentive Program, and he added that it was through the efforts of all Department Heads that the Borough was able to achieve the desired results to obtain funds to be utilized toward safety purposes. Additionally, he indicated that the designation, and the efforts to reduce our exposures, will assist the Borough in keeping its JIF assessment low.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 218-10

(Authorizing award of contract to Kindle Ford Lincoln Mercury for a 2010 Ford F-150 4x4 Crew Cab Pick-Up in the amount of $24,387.15)

 

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. 219-10

(Authorizing award of oral bid for Bicycle Concession Rental No. 8A for a term of four years at an annual rental amount of $41,100 to Charles Bradley)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

The Clerk reported that the Borough is reviewing the possibility of bidding out all of the vending machines in/on Borough property. He added that no confirmation had been received from the lifeguards that they are one of the vendors involved. He went on to state that it would be in the Borough’s best interest to group all of the vending machines together under one entity and put them out to bid and that he needed confirmation from the governing body to move forward in this regard.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 220-10

(Authorizing award of oral bid for rental of Crest Pier Store No. 4 for a term of one year at an annual rental amount of $12,000 to Elena Salmons)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

The Clerk reported that a certified letter had been sent to the lessee indicating that 2010 would be the final year for the lease, and that no extensions would be entertained by the governing body.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 221-10

(Urging the State Legislature to reform Interest Arbitration)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 222-10

(Authorizing the CFO to void certain checks from the Municipal Court General Account and the Municipal Court Bail Account)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

The Clerk inquired of the governing body as to whether they wished to hold a closed session discussion with regard to the final two resolutions on the agenda; whether the issues still posed a potential for litigation. Mr. Groon responded that he believed that matters would be resolved by discussion under “Old Business” in open session. It was decided that the remainder of the business on the agenda would be completed prior to discussion of the final two matters.

 

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized, as submitted and which appear in full on the following page, 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 January 31, 2010 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 January 27, 2010 and February 10, 2010, as well as closed session minutes from both dates, be approved as presented.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

The Clerk reported, with regard to the Fern Road Park Pavilion bids and the Rosemary Road park project bids, the Borough is prepared to move forward with the award of contracts on March 10, 2010 as the Bond Ordinance covering both projects will be in effect on that date.

 

Concerning the UCC carry-over inspections, the Clerk circulated a copy of correspondence he had sent to the Interim City Administrator for the City of Wildwood with regard to that matter. He indicated that the Borough had reached out to the City of Wildwood to indicate that there are pending inspections for which the Borough will have to incur expenses, and given the fact that the City of Wildwood, through COWCO, had received the permit fees for those matters, the Borough was requesting that the appropriate fees be returned to the Borough from the existing surplus from COWCO. Mr. Groon added that he had spoken with the Borough’s Construction Official, who had revised the amount being requested. The Clerk added that he was aware of the change and had conversations with the North Wildwood Administrator as well on the subject.

 

Nancy Pietropaoli of Seaview Avenue inquired if the Borough was having a problem with the water table. The Engineer responded that the entire state was having a problem with the water table being too high.

 

Returning to the matter of the emergency beach maintenance application, the Clerk indicated that Joe Lomax and Kristin Wildman of Lomax Consulting Group were present, as well as the Borough Engineer and the Superintendent of Public Works.

 

Mr. Groon thanked the Lomax staff, the Borough Engineer, and the Clerk/Administrator for their assistance in obtaining the emergency permit from the NJDEP.

 

Mr. Groon indicated that there were two issues to be discussed. The Clerk indicated that, prior to any resolutions being entertained, there were comments and recommendations from members of staff, including the Solicitor and Engineer.

 

Joe Lomax indicated that as of Monday, February 22, 2010, the Borough had received comments from the NJDEP that the permit would not be issued. However, by Tuesday afternoon, with additional information submitted to the NJDEP, they reversed their position. The NJDEP had indicated to Mr. Lomax that they were concerned that the Army Corps of Engineers would take jurisdiction, and he had some comments in that regard. He added that the US Fish and Wildlife Service had expressed an interest in putting together a management plan, and indicated that they would like to visit the Borough on March 9, 2010. He added that it would be the Borough’s decision whether to have a cooperating agreement with that entity. Mr. Groon indicated that he would like to attend the meeting with the US Fish and Wildlife Service.

 

Mr. Lomax indicated that he had received guidance from the Army Corps. They have stated that the Borough can take sand from the mean high water line and redistribute it on the beach as long as it is done in a manner in which sand is not spilled, which would be considered “filling: which would be under the jurisdiction of the Army Corps. Therefore, as long as the sand is “picked up and moved,” it would not come under the jurisdiction of the Army Corps. The second option would be above the high tide line, in which the sand could be pushed with a bulldozer.

 

Mr. Groon inquired of all present whether there was any reason to not proceed with the two proposed resolutions in this matter. There were no comments.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 223-10

(Authorizing an Emergency Temporary Appropriation in the amount of $350,000 for an emergency beach maintenance project)

 

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. 224-10

(Authorizing the award of contract to Mitchell Nichols Enterprises, Inc., in the total not to exceed amount of $312,000 for completion of beach grading contingent upon issuance of an emergency beach maintenance permit from the NJDEP)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

There was discussion of the procedures to be followed and the process of the permit involving the Army Corps and the US Fish and Wildlife Service. Mr. Groon indicated that the Borough did not have a beach maintenance permit going into the 2010 summer season, and asked if that would be included in the process. The Engineer responded that they will be more lenient with the Borough as long as the process has been commenced.

 

The Clerk offered that the Borough was prepared to move forward, subject to any environmentally sensitive areas, with the contractor for the initial part of the contract and he asked for confirmation. The Engineer responded in the affirmative.

 

Mr. Groon stated that the CFO had been consulted with regard to the permitting fees. The Clerk said he was not sure if the fee was included in the emergency resolution. The Solicitor stated that Commissioner Cabrera had stated at a previous meeting that the permitting fees were already accounted for.

 

The Clerk inquired if this would be connected to or related to an “engineered beach” for future issues that the Borough may face in terms of FEMA assistance or Federal funds. It was his understanding from the Engineer and FEMA that any issues the Borough may face would not subject the Borough to funds being provided back as the result of a loss if we are not an “engineered beach”. The Engineer responded that it was his opinion that with the work being done, the Borough would be eligible under FEMA regulations. The Clerk asked him to verify that information with FEMA.

 

 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:        March 24, 2010

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX