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Minutes of Commissioners Meeting   -   April 4, 2012

Note:  Complete Meeting Appears on CD #8-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office April 4, 2012
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 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, the Herald and The Press on November 29, 2011.

 

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. 755-12

WHEREAS, Chapter 67, Street Excavations, Subsection 67-6, Recently Paved Streets, of the Code of the Borough of Wildwood Crest prohibits excavation of any street for a period of five (5) years after reconstruction, resurfacing, repaving or overlayment; and

 

WHEREAS, Orchid Road is currently within the five year moratorium period; and

 

WHEREAS, the owner of the property located at 115 East Orchid Road has requested a waiver of the five year moratorium due to unforeseen circumstances resulting in the need for installation of natural gas service for heat to her home; and

 

WHEREAS, the resident at 115 East Orchid Road has demonstrated a bona fide need for the installation of a new natural gas service; and

 

WHEREAS, in order to complete the installation of the natural gas service, Orchid Road requires excavation; and

 

WHEREAS, an emergency leak repair was completed for a property directly across the street from 115 East Orchid Road during this period of moratorium and, save this emergency repair, a waiver would not otherwise qualify in this regard; and

 

WHEREAS, since the excavations necessary to install a new natural gas service for 115 East Orchid Road would result in no net increase in area of required final restoration for the previously completed emergency leak repair, there is no additional adverse impact on the roadway; and

 

WHEREAS, the Borough Engineer has recommended installation of the new gas service for the reasons set forth above, and South Jersey Gas Company has agreed to provide same at no cost to any of the involved parties;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , as follows:

 

1.      The preamble hereto is repeated herein as if set forth in full.

 

2.      Due to the circumstances set forth hereinabove and the demonstrated bona fide need, permission is hereby granted for the excavation of Orchid Road for the sole purpose of installation of natural gas service to 115 East Orchid Road, notwithstanding the current existence of the moratorium, provided the roadway will in no way be further disturbed or extended by the new installation.

3.      Reconstruction and restoration of the roadway and all necessary permit fees and guarantees pursuant to Chapter 67 of the Code of the Borough of Wildwood Crest shall be enforced.

 

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. 756-12

WHEREAS, on February 21, 2012 the Wildwood Crest Zoning Board considered the application of DON A. & CHERYL C. JANNICELLI, 302 E. Washington Ave., Wildwood Crest, New Jersey, owners of property located at Block 188, Lots 19.02 & 20 a/k/a 302 E. Washington Ave., Wildwood Crest, New Jersey, for hardship variances in connection with the subject property; and

 

WHEREAS, subsequent to the withdrawal of the application from consideration by the Wildwood Crest Zoning Board, DON A. & CHERYL C. JANNICELLI requested, by correspondence dated February 21, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-12-16) the return of the $600.00 balance of escrow fee;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of escrow fee in the amount of $600.00 to DON A. & CHERYL C. JANNICELLI, 302 E. Washington Ave., Wildwood Crest, New Jersey 08260.

 

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. 757-12

 

WHEREAS, on October 18, 2011 the Wildwood Crest Zoning Board considered the application of JOANNE AVELLINO, ET ALS., 105 E. Topeka Ave.,  Wildwood Crest, New Jersey, owners of property located at Block 151, Lot 14 a/k/a 105 E. Topeka Ave., Wildwood Crest, New Jersey, for hardship variances in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, JOANNE AVELLINO requested, by correspondence dated October 18, 2011, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-12-14) the return of the $600.00 balance of escrow fee;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of escrow fee in the amount of $600.00 to JOANNE AVELLINO, 105 E Topeka Ave., Wildwood Crest, New Jersey 08260.

 

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. 758-12

WHEREAS, on March 14, 2012, SANDMAN SCHOOL , 838 Seashore Rd. , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a SIXTH GRADE BEACH DAY   to be held on June 1, 2012 ,  from 7:30 a.m. to 1:30 p.m., with a rain date of June 4, 2012, on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY  to be held on June 1, 2012 , from 7:30 a.m. to 1:30 p.m., with a rain date of June 4, 2012, on the beach at Rambler Rd.

 

 

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. 759-12

Tax Reimbursement Certification

 

WHEREAS, the Recycling Enhancement Act, P.L. 2007, Chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility; and

 

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the ”Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , that the Borough of Wildwood Crest hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, Chapter 311, in 2011 in the amount of $12,841.89. Documentation supporting this submission is available at 6101 Pacific Avenue , Wildwood Crest, New Jersey 08260 and shall be maintained for no less than five years from this date.

 

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. 760-12

 

Opposing Senate Bills 1451 and 1452

 

WHEREAS, legislation has been introduced to reform and modernize both the Open Public Meetings Act (S-1451) and the Open Public Records Act (S-1452); and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, agrees with and supports the statement that “the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process”; and

 

WHEREAS, the changes, however, proposed in S-1451 will not only be a cost driver for local and State government but make government less effective; and

 

WHEREAS, S-1451 includes a number of proposed requirements which involve costly unfunded mandates, impractical requirements and impediments to the democratic process, including the following:

 

  • A new definition of subcommittees that expands subcommittees to be overly inclusive so that, for example, even research projects assigned to one member of a public body could be covered; and

 

  • A new requirement that all subcommittees meetings include notice of their meeting and the preparation of minutes, which would, among other things, necessitate additional administrative support for all meetings of subcommittees as well as increased legal advertising cost; and

 

  • A new requirement that agendas provide a description of all agenda items, including the names of parties to and approximate dollar amounts of any contracts to be acted upon, which will delay the award of contracts and could lead to the loss of grant monies; and

 

  • A new requirement that the governing body may discuss, but not act upon, an item brought up by a citizen at a public meeting if it was not published as an agenda item, that not only runs contrary to the time honored tradition of holding a public meeting for the very purpose of soliciting such input and acting upon it but is impractical, ineffective and unnecessarily inhibits the operations of municipal government; and

 

  • A new requirement for advance notification of estimated start times for the public portion of the meeting and the portion of the meeting from which the public is to be excluded that is unworkable and disruptive; and

 

  • A new requirement that recordings of meetings become a part of the minutes that renders the recordings a permanent municipal record and is not only counter to the already-established records retention schedule of Division of Archive and Records Management for such records but which will be costly to preserve the records to ensure that they are permanent; and

 

  • A new requirement that electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting become part of the minutes and renders the recordings a permanent municipal record, is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages and the records custodian does not always have access to them, and which is an unprecedented expansion of the meeting concept; and

 

  • A new requirement that public bodies be permitted to exclude the public from discussion of personnel matters only with the written consent of the employee and potentially affected employees which will inhibit the public bodies’ ability to take necessary actions on personnel matters and could lead to costly litigation; and

 

  • A new requirement that comprehensive minutes that must include each member’s stated reason for their actions or vote, the identity of each member of the public who spoke, and summary of what was said, be made available to the public as soon as possible but no later than 45 days after the meeting that will not only be costly but the historical value of minutes will be lost in order to meet an arbitrary deadline; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest  agrees that government records should be readily accessible and transparent but there must be an appropriate balance between the need for openness and transparency in government and citizens’ reasonable expectation of privacy; and

 

WHEREAS, among the costly unfunded mandates and impractical new requirements of S-1452 are the following:

 

  • The expansion of the definition of government record to include records that are required by law to be made, maintained or kept on file by any public agency that will lead to a records custodians to be in violation of OPRA for the non-existence of a government records created before their tenure with the public body; and

 

  • The creation of a definition for “advisory, consultative or deliberative” material that may be contrary to the well established definition in case law leading to costly litigation; and

 

  • The expanding of the definition of government record to include electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting that is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages, the records custodian does not always have access to the electronic communications and certain cell phone carriers will not provide this information without a subpoena; and

 

  • The inclusion of a subjective definition for “reasonable” that may be contrary to the well established definition in case law leading to costly litigation; and

 

  • A new requirement that any video or audio recordings or public meetings should be available in unedited form will be in direct violation of the Open Public Meetings Act requirement that requires the redacting of discussions in closed session until the matter can legally be released; and

 

  • A new requirement on how to handle redactions and special services fees is time consuming and costly, especially considering that the Government Records Council has already addressed these procedures in their Custodians’ Toolkit, which should be codified; and

 

  • A provision that permits the records custodian to advise a requestor that a government record is readily available on the public agency’s website; however, the bill requires the records custodian to directly provide the records to the requestor if they do not have access to a computer but does not define what is meant by “access to a computer;” and

 

  • A new costly requirement that when there is a special service charge the requestor must be provided, at no cost, an index generally describing the responsive government records to be provided and to the greatest extent possible the index shall include the name of each record or brief description of the record or general categories of records, a detailed breakdown of how the special charges were assessed and if records are exempt or redacted, the records custodian must provide a description of those records; and

 

  • A provision that prohibits the assessment of a special service charge for requests for budgets, bills, vouchers, contracts and public employee salaries and overtime unless the request is deemed voluminous, which is undefined and subjective; and

 

WHEREAS, the provisions of S-1451 and S-1452 place financial, time, manpower and other burdens on municipalities at a time when municipalities are forced to layoff municipal employees, impose furloughs and reduce departmental budgets so that municipalities can meet the strict CAP requirements with decreased revenues and increasing operating expense; and

 

WHEREAS, the totality of the new requirements of S-1451 and S-1452 will be a significant cost driver for local and State government with no known appropriation contemplated or any alternate means to offset these costs, such a reasonable increase in fees; and

 

WHEREAS, while the Board of Commissioners of the Borough of Wildwood Crest strives for and agrees that open and transparent government is essential to the democratic process, the provisions of S-1451 and S-1452 will make government inefficient;

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, and State of New Jersey, for reasons stated above, does hereby oppose S-1451 and S-1452, as currently drafted, and strongly urges the State Senate and Assembly to oppose these bills; and

 

BE IT FURTHER RESOLVED that a copy of this duly adopted resolution be forwarded to Senate President Stephen Sweeney, Senator Loretta Weinberg, Senator Barbara Buono, Senator Shirley Turner, Assembly Speaker Shelia Oliver, Assemblyman Gordon Johnson, Assemblyman Upendra Chivukula, the legislators of the First State Legislative District, Governor Chris Christie, the New Jersey State League of Municipalities and the Municipal Clerks’ Association of New Jersey.

 

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, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Memorial Bench Policy, the Clerk indicated that his office had drafted an ordinance based upon information received. He added that he had received individual comments from the Commissioners regarding concerns as to which parks to include in the ordinance as well as other information in terms of length of time for the honorariums, i.e., five, seven or ten year periods. The Clerk asked for additional discussion and a final determination in order that the ordinance may be introduced at an upcoming Commission meeting. Mr. Cabrera stated that he had made the original proposal and he had not received any additional comments with the exception of the term of the honorariums, as well as additional locations for the benches, specifically Heather Road beach pier, Centennial Park , and Rambler Road Park . The Clerk stated that a final determination had not been made with regard to those three locations. He added that the other matter to be determined was the period of time for the honorariums – five years, seven years or ten years. Mr. Groon inquired as to the amount to be charged since that amount would have a direct bearing on the length of time. Mr. Cabrera responded that the bench is not being purchased; that a space on the bench is being “rented” for $500 for five years, which would be $100 per year. Mrs. Gould interjected that it was her opinion that more locations needed to be added to the ordinance, such as Centennial Park . She added that it was her opinion that wherever there is an open bench, that bench should be available for an honorarium. Mr. Groon disagreed, stated that he did not think they should be made available at Rambler Road . Mr. Groon added that the issue of “grandfathering” of existing benches was not addressed. The Clerk responded that he had raised that issue, and Commissioner Cabrera had indicated that they had maintained a log and do have that information. Mr. Groon inquired as to when they would be expiring. Mr. Cabrera responded that they will be the first ones to be contacted to advise them that the Borough is going to have a new policy implemented on a certain date and they have the first opportunity to renew. He added that no new benches have been “sold” for the last two or three years. Mr. Groon then asked whether those who had purchased within the past two or three years would be given any additional time. Mr. Cabrera responded that they would not receive any additional time since all of the benches are being replaced. Mr. Groon suggested that the ordinance contain language that any existing memorial benches would expire at their five year anniversary. Mr. Cabrera responded that when those benches are transitioned to the new benches, the Borough will be expending dollars for the new plaque. It was his opinion that there be no grandfathering of any benches. Mr. Groon disagreed, stating that they should be limited to five years from the date of purchase and they should be provided right of first refusal for their location. He went on to state that those who purchased within the last five years should be given the time up to the five year anniversary. If the benches were purchased over five years ago, they would have to re-apply with right of first refusal. The Clerk suggested that the way to cover the expenses in that regard would be to permit the use of the existing plaque for the new bench for the length of time until the five years expires. Mr. Cabrera responded that the new benches will have different plaques. Mr. Groon suggested not replacing those benches until they expire. Mr. Cabrera asked what would be done if those benches are in need of replacement now based on safety. Mr. Groon responded that all persons with existing benches need to be notified that there will be a limit on the length of time that their bench will remain in place. The Solicitor inquired what the policy would be if someone wanted to “rent” the bench for less than five years. The response was that it would not be permitted. The Solicitor stated that that will have to be made specific in the ordinance as well. There was additional discussion regarding the grandfathering of existing benches. Mr. Cabrera stated that if there is to be a grandfather clause, he would prefer that it be limited to any purchased within the last three years in order to avoid those that are in need of replacement for safety reasons. The Superintendent of Public Works indicated that it was his opinion that any benches purchased within the last five years would not be in need of replacement. Mr. Cabrera reiterated his opinion that the grandfather clause should include only those purchased within the last three years. The Superintendent of Public Works stated that it was his recollection that the old applications had a notation that the life expectancy of the bench was five years and that could have been construed as permitting the memorial bench to remain for five years. He added that any benches that are in need of replacement are seven to nine years old. Mr. Cabrera then concurred with the five years grandfather clause. Mr. Groon asked if the remaining people, whose benches are over five years old, would be notified that their benches were being removed. The Superintendent responded in the affirmative.

 

Mr. Groon also suggested that the ordinance should contain a clause which would permit the Borough to not renew the program from year to year, by resolution. He explained that the Borough should have the right to discontinue the program, on a yearly basis, but honor the balance of the five year contract for existing benches, which would provide the Borough with the ability to “gracefully” get out of the program if problems arise in the future. Mrs. Gould and Mr. Cabrera concurred.

 

Mr. Cabrera stated that the ordinance must be introduced on April 25th since summer is coming and the ordinance will have to be in effect as soon as possible.

 

With regard to locations, Mr. Cabrera stated that the original ordinance permitted benches everywhere with the exception of public buildings. The Clerk listed the locations as follows: Rambler Road Park , Heather Road beach pier, Scoop Taylor Park, bike/pedestrian path, street ends, Sunset Lake , Little League fields. He then inquired if Centennial Park was to be included or excluded. Mr. Groon responded that when the park was built it was decided not to have memorial benches at that location. The Superintendent of Public Works stated that there is one bench in Centennial Park that has a plaque. He was asked how long it had been there. The Engineer responded that the benches have been in the park since July 2006. Mrs. Gould asked why Mr. Groon did not want memorial benches at Centennial Park . He responded that he was against the program in its entirety. He went on to state that it was his opinion that there are certain places that should not have memorial benches, specifically Centennial Park and Rambler Road Park since it was his opinion that they are “special” for the community. Mr. Cabrera stated that at Rambler Road Park , around the playground area, there will be certain areas for benches. The Engineer responded that ultimately they will be there, although they are not currently in the contract. Mr. Cabrera inquired if there are any other areas outside the playground at Rambler Road that had benches planned. The Engineer responded that in the concept plan there were no benches included. Mr. Cabrera inquired if Rosemary Road Park was on the list. Mrs. Gould responded that it was not. Mr. Groon stated that the original idea of the ordinance was to have a list to limit the locations. Mr. Cabrera suggested listing all of the parks for a draft ordinance and then remove those parks that are not agreed upon. Mrs. Gould concurred. The Clerk interjected that the decision needed will need to be made at this meeting in order for the ordinance to be introduced on April 25th. Mr. Groon requested that the Clerk obtain a full list of all parks for discussion later in the meeting.

 

With regard to the concession rentals: beach pier and Nesbitt Center, Mr. Cabrera reported that  he intended to have a final meeting with the Borough professionals to make a determination with regard to the beach pier whether the project would be feasible. Concerning the Nesbitt Center , it was his opinion that it should be taken off the table for the 2012 season and bring it up for discussion after the summer season. Mr. Groon stated that it was his understanding that it was Mr. Cabrera’s goal to put out both sites to the public in exchange for upgrading the sites. Mr. Cabrera concurred. He went on to state that the Nesbitt Center , with the ADA upgrades required to be made by the Borough, could be leased now. As to the beach pier, the Borough will have to decide if it will be leased out or develop a potential open air pavilion. Mr. Cabrera stated that he will be scheduling a meeting after the Easter holiday. The Solicitor interjected that if the Nesbitt Center is leased out and the term of the lease exceeds anything to be done on the beach pier, it was the understanding that the attraction to potential bidders would be the option to combine both locations. She added that the Commissioners will have to discuss permitted uses as well. The Solicitor inquired of the Engineer as to the latest that the renovation bids would have to be authorized in order for the buildings to be available for summer 2013. The Engineer responded it would have to be by the summer of 2012.

 

The Clerk inquired if a decision had been made with regard to the naming of Rambler Road Park . Mr. Cabrera responded that he had proposed two names. Mrs. Gould suggested “ Sunrise Park at Rambler Road .” Mr. Cabrera stated that he was not opposed to “ Sunrise Park at Rambler Road .” Mr. Groon concurred. The Clerk indicated he would have a resolution ready for the April 25th meeting confirming the unanimous sentiments of the governing body.

 

Regarding the County Library Renovations, the Assistant Recreation Supervisor reported that the entire project will have to be re-bid due to a problem with the bid. He added that the selection of an architect may now take well into May. Mr. Groon asked the Assistant Recreation Supervisor to provide a list of ideas and thoughts as submitted by the Library Committee. The Assistant Supervisor stated that the Library Commission had put a suggestion box in at the existing library and he will obtain those as well.

 

With regard to the NJEIT funding, the Engineer reported that he had been corresponding with the State’s Financial Consultant, and they are working on a schedule which would provide the earliest possible start date with the latest possible repayment schedule. He anticipated receiving that information with the next two weeks.

 

Mr. Cabrera reported, with regard to the Borough logo design, that the vendor had requested some additional time within which to provide sample logos. Mr. Cabrera asked that the samples be provided prior to the meeting of April 25th.

 

Returning to the Memorial Bench Policy, the Clerk reported that he was in possession of a list obtained from the Assessor’s office of all of the parks in Wildwood Crest. He suggested that if benches were going to be considered for placement in all designated public parks, perhaps that terminology should be used in the ordinance, with a notation of any excluded parks. Mr. Groon added that all of the appropriate street-ends would have to be listed. The Clerk added that it would include all future locations without the need to amend the ordinance. The Solicitor added that any new parks could be excluded by stating “all existing” parks. The Clerk inquired if there were any specific exclusions desired by the governing body. Mrs. Gould responded that she did not want to exclude anything. Mr. Cabrera stated that public buildings should be excluded. The Solicitor interjected that a decision as to any exclusions was not required at this meeting so long as the list is provided to the Clerk prior to April 25th. The Clerk disagreed, stating that the existing draft was not a final product for April 25th. The Solicitor responded that a final draft was possible for April 25th. Mr. Groon suggested drafting another ordinance along the lines of Mrs. Gould’s suggestion and then give the governing body three days to produce a list of exclusions. Mr. Cabrera reiterated that the draft would include all parks and beach front street-ends. Thereafter, each of the Commissioners will provide a list of exclusions in advance of April 25th for inclusion in the final draft.

 

With regard to the boardwalk/bike path connector, the Clerk reported that he had circulated correspondence to each of the Commissioners indicating that the project is approximately $100,000 under budget. He added that the City of Wildwood is looking to expand some additional work in conjunction with the project. He inquired of the Engineer as to the cost for the additional work. The Engineer responded that he did not know the parameters of the additional work and could not make a calculation. Mr. Groon clarified that the City of Wildwood wants the apron on the beach side and before the bike path in order to protect the bike path. Mr. Groon estimated that the cost would be approximately $20,000. Mr. Cabrera inquired as to the entire cost of the project. The Engineer responded that it is just under $650,000. The Clerk indicated that the Borough had committed $200,000 UEZ funds and he has received inquires as to whether some of the funds could be returned to the UEZ fund to be utilized for streetscaping on New Jersey Avenue in the business district. Mr. Groon stated that if the net cost of the project comes in lower and there are funds left over, all of the other monies for the project were grant funds and no one suffered any losses, it was Mr. Groon’s suggestion that the money be returned for other uses in Wildwood Crest. Mr. Cabrera concurred. The Engineer stated that, barring any unforeseen problems, he anticipated at least $40,000 being left from the project. The Clerk stated that it was UEZ funding and it was his opinion that a return of the funds for utilization in the New Jersey Avenue business district would be appropriate.

 

Nancy Pietropaoli, 6002 Seaview Avenue , announced that Louise Johnstone had passed away, and that Louise attended the Commission meetings regularly and was very active in the community. Mr. Groon added that he had first met Mrs. Johnstone when he was on the school board and she and her husband were very active. She will be missed by the community.

 

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:        April 25, 2012

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX