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Minutes of Commissioners Meeting   -   August 31, 2010

Note: Complete Meeting Appears on CD #27-10 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 31, 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 - 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, the Herald and The Press on July 22, 2010.

 

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. 1107 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. 1107

AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY THE BOROUGH OF WILDWOOD CREST FROM THE BOARD OF EDUCATION OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1107.

Vote:          Gould-Cabrera-Groon-Yes

 

John Levins, 124 West St. Louis Avenue , inquired as to the source of funding for this land acquisition. Mr. Groon responded that the funds are bonded. Mr. Levins then inquired as to the purpose of the land acquisition. Mr. Groon responded that it was to obtain lands that are no longer needed by the school and to bring them back into municipal control. Mr. Levins inquired if there was any specific purpose. Mr. Groon responded that certain parts of it would be utilized for recreation, and some could be sold for residential development. It also offers the Borough a long-term opportunity for expansion of public works department.

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1107 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1107 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1108 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. 1108

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, CHAPTER 85,  ARTICLE XI, HOTEL, MOTEL AND MULTI-FAMILY ZONE; SECTION 85-58, ACCESSORY USES; ARTICLE XIV, EXCEPTIONS AND SUPPLEMENTAL REGULATIONS, SECTION 85-73, EXCEPTIONS AND SUPPLEMENTAL REQUIREMENTS TO BULK AND AREA REGULATIONS; ARTICLE XV, DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS, SECTION 85-89D, PARKING, LOADING, STORAGE AND RECYCLING REQUIREMENTS (HOTEL AND MOTEL, INCLUDING ALL M-1 ZONES AND MULTI-FAMILY) AND AMENDING ORDINANCE NO. 983

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1108.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1108 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1108 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. 1109

AN ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT FOR PUBLIC ACCESS IN FAVOR OF THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1109 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, September 22, 2010 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 339-10

(Authorizing appointment of Patrick Malia, Construction Official, as the Community Rating System Coordinator for the performance of duties and responsibilities in conjunction with the Borough’s participation in the Community Rating System, National Flood Insurance Program)

 

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. 340-10

(Authorizing refund for the overpayment of taxes, in the amount of $5,621.85, in conjunction with property situated at Block/Lot 53.03-4)

 

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. 341-10

(Authorizing a fireworks display at Seafarers’ Celebration on Saturday, September 25, 2010)

 

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. 342-10

(Authorizing the Tax Collector to conduct a 2010 Tax Title Lien Sale)

 

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. 343-10

(Authorizing issuance of a special events permit to Greater Wildwood Hotel/Motel Association for the purpose of hosting a car show on the vacant beachfront lot between Primrose & Myrtle Roads, on September 4 and 6, 2010, from 6:00 pm to 9:00 pm on both dates)

 

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. 344-10

(Authorizing issuance of a special events permit to New Jersey Thunder MotorSports, Inc. for the purpose of holding a block party/car show on Sweetbriar Road between Atlantic and Ocean Avenues and Atlantic Avenue from Cardinal Road to Wisteria Road on September 23, 2010 from 6:00 pm to 9:00 pm)

 

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. 345-10

(Authorizing issuance of a special events permit to Cheryl Brennan for the purpose of holding a wedding ceremony at the Sunset Lake Gazebo on October 2, 2010 from 3:45 pm to 5:15 pm)

 

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. 346-10

(Authorizing issuance of a special events permit to Andrea Delia for the purpose of holding a wedding ceremony on the beach at Crocus Road on October 2, 2010 at 4:00 pm)

 

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 below, 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 moth ending July 31, 2010 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held July 15, July 21, and August 11, 2010, as well as the closed session minutes of August 11, 2010, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that bids had been received earlier in the day for the Rambler Road Park Project. The Engineer stated that bids were received for Phase 1, which includes the building improvement. He added that the lowest bid from MJJ Construction was “very good,” being twenty percent lower than the next lowest bid. That is the same contractor who performed the work on the Centennial Park bandstand. He indicated that based on the numbers received, it will be his recommendation to proceed with the base bid, as well as the Add Alternate No. 1 (Option B) and Add Alternate No. 2 for a total of $688,000. Mr. Cabrera inquired if this would be contingent upon CAFRA approval. The Engineer responded in the affirmative. The Engineer explained that the base bid included the bike rental shop and bathrooms, as well as demolition of the existing bike rental. Add Alternate No. 1 had two options for the replacement of the roof of the existing gazebo. Option B includes removing the roof and salvaging some of the existing substructure. Add Alternate No. 2 includes new siding on the Nesbitt Center , new ADA compliant ramps and steps and the canopy system and signage improvements.

 

With regard to the Beach Drive upgrade, Mr. Groon stated that he requested that this matter be placed on the agenda for discussion. He stated that Beach Drive is blocked off at each of the Borough’s park areas. He indicated that it had occurred to him that it might be worthwhile to incorporate a portion into the bike path at the street ends where the planters are in order to permit bicyclists to not have to go around the planters. Mr. Groon added that he had obtained a preliminary price of $10,000 to do the work at the five blocks north of Rambler Road . He added that doing the work in-house would save even more money. He indicated that he would like to include this matter in capital budget discussions.

 

The next matter for discussion was the Washington Avenue outfall line. Mr. Groon stated that he had received numerous complaints, and that he did not want to separate it from the 2011 capital budget. He suggested, however, moving the project to an ordinance earlier than had been anticipated. Mr. Groon stated that he had received a cost estimate from the Engineer in the vicinity of $750,000 for Washington Avenue , and $130,000 for the connection from Bayview to the outfall. He reiterated that notwithstanding an earlier commencement of the project, it would still remain a part of the 2011 capital budget. He stated that he wanted to be able to get some relief to the property owners in the area. He asked that the governing body give some thought to the matter for future discussion.

 

Mr. Groon indicated that he would like to commence discussions for the 2011 capital budget at the September 8, 2010 Commission meeting, and asked the governing body to give some thought to what projects should be undertaken in 2011. He indicated that he would update the capital budget plan that was formulated in 2010 and provide the Commissioners with copies for their review.

 

With regard to the 2011 DCA (CDBG Program), the Clerk reported that a designation of proposed projects would be required from the governing body. He suggested that it be formulated in conjunction with the 2011 capital budget, and that if a grant is to be sought it be done for one of the infrastructure projects on the 2011 capital budget plan. He stated that he would have the matter listed for formal discussion at the September 8, 2010 meeting. Mr. Cabrera stated that he had met with the Engineer, and there is a potentially serious issue on Cresse Avenue that should be part of the DCA application. He indicated that it is a stormwater outfall line, and sinkholes are starting to develop in that area. Mr. Groon interjected that it was his understanding that the match on these grants has been reduced to 15% from 30%.   The Engineer confirmed the Mayor’s understanding.

 

The Clerk indicated that with regard to the UEZ matters, stating that he had provided information to the governing body in this regard. He reported that the reimbursement for administrative expenditures will be withheld by the UEZ unless there is a conversion of the application paperwork. He went on to state that a major portion of the information being requested was for conversion to “Attachment C” forms and a different type payment voucher that were not previously provided. UEZ officials have indicated that until the information is converted to the appropriate forms, no consideration will be made to reimbursement to the Borough. Additionally, that information is required to be provided before September 10, 2010 or our further standing in the Wildwoods UEZ may be jeopardized.

 

Mr. Cabrera stated that as a member of the UEZ Board, he was concerned with the representations that were made that the Borough would be able to utilize its project funds until the time when the new governor changed the UEZ program. It now appears that those monies will not be coming back to Wildwood Crest. Additionally, with regard to the administrative drawdown, in which the City of Wildwood pays for the administration of the local UEZ and the other participating municipalities are billed for their proportionate shares of those expenses. Those funds are taken from the “administrative” fund of the UEZ. It now appears that the administrative costs to run the local UEZ is excessive and more than what is in the Borough’s UEZ administrative funds. It was Mr. Cabrera’s opinion that the Borough must focus on submitting the appropriate paperwork to obtain the administrative funds, as well as take a close look at the overall UEZ program.

 

Mr. Groon stated that in order for the Borough to obtain the funds, it will be necessary for the appropriate paperwork to be completed and filed with the UEZ. He added that any reorganization of the local UEZ must come from within the UEZ Board. Mr. Cabrera agreed.

 

Mr. Groon inquired as to the average annual cost of the Borough’s administrative fees. Mr. Cabrera estimated that it is less than $10,000. He added that it was his opinion that any expenses to run the local UEZ should come from those administrative funds, and the local taxpayers should not be asked to contribute to those costs.

 

The Solicitor reminded the governing body that there is an ordinance in effect that was mirrored by all participating municipalities that does provide for contribution by the municipalities.

 

Mr. Groon stated that it was his opinion that the Borough remain in the UEZ and it was his hope that the problems could be resolved.

 

Mr. Cabrera asked the CFO if the transfer of the information to the appropriate forms could be accomplished. The CFO responded that he did not know if he would be able to do it or not.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 347-10

(Authorizing the CFO to resolve all outstanding financial issues to enable UEZ Administrative reimbursement for FY2004 through FY2008 (1st quarter) from the State UEZ program)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

John Levins, 124 West St. Louis Avenue , commented on the increase in his real estate taxes. He indicated that he was deeply concerned about those tax increases. He stated that the increase in budget expenditures was 12.1%. Based on his review of the budget, and his admitted unfamiliarity with the process, he asked for an explanation of what is going on in the Borough. He also indicated that he had analyzed the beach expenses and concluded that it costs the Borough approximately $500,000 per year. Mr. Groon concurred.

Mr. Levins inquired why the Borough has not entertained instituting beach fees, since the Borough must find ways to increase revenues. He also questioned why salaries are increasing higher than the 2% cap. With regard to the Rambler Road Park Project, Mr. Levins asked why that project cannot be postponed or if it is of a critical nature.

 

Mr. Groon responded that all of the Commissioners are willing to sit down with any resident at any time to discuss Borough issues, and offered that opportunity to Mr. Levins. Mr. Levins thanked Mr. Groon for the offer, but indicated that he still had some concerns. He reiterated that salaries had increased 8%. Mr. Groon responded that he did not think that was an accurate number, stating that it was his understanding that salaries were under 3%. Mr. Groon added that the Borough had a referendum in the past for beach fees, and it was defeated. Additionally, the Borough receives approximately $250,000 as an off-set from GWTIDA and those funds would be lost if beach fees were to be instituted. He acknowledged, however, that beach fees would generate substantially more revenue than what was being lost. He added that there are approximately 10,000 motel units, apartments and condos in Wildwood Crest, with approximately 4,000 year around residents. One of the tourism draws in Wildwood Crest is the free beach. Mr. Levins stated that Cape May is a similar municipality and their beach fees are up, indicating that beach fees are not a deterrent to tourists.

 

Mr. Groon stated that 2010 was a bad year for taxes because of many factors, and more than half of the increase was related to infrastructure upgrades. He indicated that it was the desire of the Commissioners to not have a repeat in 2011 and they would work very hard to see that that does not happen again. He added that the State has instituted a 2% cap on the operating budget, and has also increased the State Health Benefits program premium by more than 11%.

 

Mr. Groon reiterated his invitation to Mr. Levins and the public in general to call him or any of the Commissioners to discuss any concerns they may have.

 

Mr. Levins asked for an explanation of the Rambler Road Park Project. Mr. Groon responded that the $300,000 grant was due to expire September 1st and was extended to March 2011. The $250,000 grant is due to expire in the middle of Summer 2011. He added that all three Commissioners concurred that the bathrooms were of critical importance and they are what  drives the need for the project.

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        September 22, 2010

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX