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Minutes of Commissioners Meeting   -   April 10, 2013

Note:  Complete Meeting Appears on CD #8-13 on File in the Wildwood Crest, NJ Borough Clerk’s Office April 10, 2013
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 28, 2012.

 

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:

RESOUTION NO. 993-13

 

                       WHEREAS, bids have been received in response to advertisement of Notice to Bidders

                        published in The Herald issue of March 20, 2013, for the following item:

 

West Side Drainage Improvements, Phase 3; and

 

WHEREAS, S. Batata Construction, Inc., 11 Jackson Street, Suite 2G, South River, New Jersey 08882, submitted the low bid in the amount of Three Hundred Eight Two Thousand Five Hundred Fifty Dollars and Zero Cents ($382,550.00).  However, S. Batata Construction, Inc. submitted a letter dated April 3, 2013 (copy attached hereto) to the Borough requesting withdrawal of their bid citing NJSA 40A:11-23.3 and specifically “in haste of preparation of our bid, a substantial and unintentional omission of necessary labor was made on Items 18.1 and 18.2.  If we were forced to proceed with this project, it would create an extreme hardship to our firm.”; and

 

WHEREAS, the Borough Engineer has reviewed S. Batata Construction’s claim of the labor omission from Items 18.1 and 18.2 and concurs the unit prices submitted by S. Batata Construction are in fact significantly undervalued for the scope of work required for said Items 18.1 and 18.2 and significantly disproportionate and less than all other bidders for the same items and therefore recommends acceptance by the Borough of S. Batata Construction’s request to withdrawal their bid; and

 

WHEREAS, Bud Concrete, Inc., 133 Sewell Road, Sewell, New Jersey 08080, submitted the next lowest bid in the amount of Three Hundred Ninety Seven Thousand Eighty Nine Dollars and Zero Cents ($397,089.00), making Bud Concrete, Inc. the “lowest responsible bidder”; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Bud Concrete, Inc., 133 Sewell Road, Sewell, New Jersey 08080, for the bid amount of Three Hundred Ninety Seven Thousand Eighty Nine Dollars and Zero Cents ($397,089.00), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to Bud Concrete, Inc., 133 Sewell Road, Sewell, New Jersey 08080, for the total bid amount of Three Hundred Ninety Seven Thousand Eighty Nine Dollars and Zero Cents ($397,089.00).

 

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

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, Bud Concrete, Inc., 133 Sewell Road, Sewell, New Jersey 08080, for the total and complete project bid of Three Hundred Ninety Seven Thousand Eighty Nine Dollars and Zero Cents ($397,089.00), and is subject to certification below as to the availability of funds by the Chief Financial Officer.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest.
  4. That the New Jersey Department of Community Affairs approves Bud Concrete, Inc. as the contractor for said project and concurs with the award of contract.

 

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

Prior to the vote, the Clerk reported that an opinion letter from the Solicitor had been received, as well as a recommendation from the Engineer, and the CFO had verified availability of funds, in regard to this award of contract.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 994-13

 

WHEREAS, the term of EDWARD MASTERSON as a member of the RECREATION COMMISSION of the Borough of Wildwood Crest expired December 31, 2012; and

 

WHEREAS, EDWARD MASTERSON was not re-appointed to said position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to appoint BRUCE HAMLIN to fill the vacancy in this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that BRUCE HAMLIN be and he is hereby appointed as a member of the RECREATION COMMISSION of the Borough of Wildwood Crest for a three (3) year term commencing January 1, 2013, and expiring December 31, 2015.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTIONS BY TITLE ONLY:

RESOLUTION NO. 995-13

 

WHEREAS, on March 15, 2011 the Wildwood Crest Zoning Board considered the application of AJ MATTEIS, JR. & PS & M&L GUPTA; PO Box 1162, Great Falls, VA 22066, owners of the property located at Block 27, Lot 9 a/k/a 129 E. Aster Rd., Wildwood Crest, New Jersey, for hardship and use variances in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, AJ MATTEIS, JR. & PS & M&L GUPTA requested, by correspondence dated March 15, 2011, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-13-07) the return of the $800.00 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 application fee and escrow fee in the amount of $800.00 to AJ MATTEIS, JR. & PS & M&L GUPTA; PO Box 1162, Great Falls, VA 22066.

 

RESOLUTION NO. 996-13

 

WHEREAS, on May 17, 2011 the Wildwood Crest Zoning Board considered the application of SANJAY & MANISHA WADHWA; 104 Sunway Dr., Newark, DE 19711, owners of the property located at Block 126.02, Lot 2 a/k/a 402 E. St. Paul Ave., unit 800, Wildwood Crest, New Jersey, for hardship and use variances in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, SANJAY & MANISHA WADHWA requested, by correspondence dated May 17, 2011, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-13-08) the return of the $378.60 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 application fee and escrow fee in the amount of $378.60 to SANJAY & MANISHA WADHWA; 104 Sunway Dr., Newark, DE 19711.

 

 

RESOLUTION NO. 997-13

 

WHEREAS, on July 19, 2011 the Wildwood Crest Zoning Board considered the application of JOHN J. MASINO, ET ALS, 49 Notre Dame Dr., Delran, NJ 08075, owners of the property located at Block 99.01, Lot 17 a/k/a 306 E. Atlanta Ave., Wildwood Crest, New Jersey, for hardship and use variances in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, JOHN J. MAASINO, ET ALS requested, by correspondence dated July 19, 2011, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-13-09) 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 application fee and escrow fee in the amount of $600.00 to JOHN J. MASINO, ET ALS, 49 Notre Dame Dr., Delran, NJ 08075.

 

RESOLUTION NO. 998-13

 

WHEREAS, on December 13, 2011 the Wildwood Crest Zoning Board considered the application of JEFFREY & MARJORIE NICHOLLS; 55 Bell Dr., Westfield, NJ 07090, owners of the property located at Block 16.02, Lot 7.02 a/k/a 5711 Seaview Ave., Wildwood Crest, New Jersey, for hardship and use variances in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, JEFFREY & MARJORIE NICHOLLS requested, by correspondence dated March 6, 2013, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-13-10) 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 application fee and escrow fee in the amount of $600.00 to JEFFREY & MARJORIE NICHOLLS; 55 Bell Dr., Westfield, NJ 07090.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTIONS BY TITLE ONLY:

 

RESOLUTION NO. 999-13

 

WHEREAS, on March 25, 2013 , MOIRA VANDER MEER , 6094 E AB Ave. , Richland, MI 49083 , applied for a Special Events Permit for the purpose of a LIFE CELEBRATION   to be held on April 13, 2013 ,  from 11:00 a.m. to 12:00 p.m., on the Heather Rd. Beach Pier ; and

                                                                                                                                               

WHEREAS,  MOIRA VANDER MEER, 6094 E AB Ave., Richland, MI 49083 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  MOIRA VANDER MEER , 6094 E AB Ave., Richland, MI 49083 for the purpose of a LIFE CELEBRATION to be held on April 13, 2013 , from 11:00 a.m. to 12:00 p.m., on the Heather Rd. Beach Pier.

 

RESOLUTION NO. 1000-13

 

WHEREAS, on March 22, 2013 , the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION , 121 W. Forget-Me-Not Rd. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a WALK-A-THON   to be held on April 20, 2013 ,  from 9:00 a.m. to 12:00 p.m., at Centennial Park along the Bike Path to the Little League Field at Cardinal Rd & Atlantic Ave. and returning on Aster Rd to Bike Path and back to Centennial Park ; and

                                                                                                                                               

WHEREAS,  MOIRA VANDER MEER, 6094 E AB Ave., Richland, MI 49083 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  MOIRA VANDER MEER , 6094 E AB Ave., Richland, MI 49083 for the purpose of a LIFE CELEBRATION to be held on April 13, 2013, from 11:00 a.m. to 12:00 p.m., on the Heather Rd. Beach Pier.

 

RESOLUTION NO. 1001-13

 

WHEREAS, on March 19, 2013 , CHAD DESATNICK, LIFE ROLLS ON FOUNDATION , 400 Corporate Pointe, Ste 525 , Culver City, CA 90230 , applied for a Special Events Permit for the purpose of an ADAPTIVE SURFING PROGRAM   to be held on June 15, 2013 ,  from 6:00 a.m. to 4:00 p.m., on the Beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  MOIRA VANDER MEER, 6094 E AB Ave., Richland, MI 49083 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  MOIRA VANDER MEER , 6094 E AB Ave., Richland, MI 49083 for the purpose of a LIFE CELEBRATION to be held on April 13, 2013, from 11:00 a.m. to 12:00 p.m., on the Heather Rd. Beach Pier

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1002-13

 

SUPPORTING S-1896/A-1503 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS

 

 

WHEREAS, when County Tax Board appeals are granted, the municipality must reimburse the property taxpayer 100% of the appealed tax levy, which includes the municipal, school, county and any special districts tax; and

 

WHEREAS, the municipal tax collector makes the adjustment from the appeal as a credit on the 4th quarter tax bill resulting in the municipality’s fund balance for the preceding year to diminished , if not completely depleted; and

 

WHEREAS, a League of Municipalities’ survey measured the extent to which residents have filed and won tax appeals in 2010; and

 

WHEREAS, one hundred fifty (150) municipalities, representing both large and small municipalities in all 21 counties, that participated in the survey reported property value declines of more than $87,900,000, which resulted from 19,788 tax appeals filed in 2010; and

 

WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared to 19,788 in 2010, representing an increase of 43.7%; and

 

WHEREAS, a municipality often experiences an increase in tax appeals because it has conducted a revaluation, however, only 5 of the 150 municipalities, which participated in our survey, indicated that their 2010 appeals resulted from revaluations; and

 

WHEREAS, as a way of comparison, 23 of the participating municipalities conducted revaluations in 2009, when fewer tax appeals were presented to the County Tax Boards; and

 

WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of homeowners, all around our Garden State; and

 

WHEREAS, the survey also indicated that in 2010 the various County Tax Boards have granted average property value reductions of close to $5,000, per appeal; and

 

WHEREAS,  fifty-six percent of those responding indicated that the successful tax appeals would have an impact on fund balances and place additional pressures on local officials during 2011; and

 

WHEREAS, the reductions, which were granted by County Tax Boards in 2010, likely had a multiplier in subsequent years when neighbors learned of their neighbor’s tax reduction; and

 

WHEREAS, successful tax appeals have a three-fold negative impact on municipal budgets. First, the municipality, as the collector of taxes for the School district, county and special districts, must fund the full cost of the legal defense of the assessment. Second, since State law guarantees to the county and the school district 100% of their levies, the municipality bears the full cost of any re-imbursements resulting from the appeal (as well as the full burden for any uncollected taxes). Third, the end result will be a further decline in the property tax base used to support Municipalities, County governments and School systems; and

 

WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2% cap), such declining values will compound and add additional stress to local public officials, as they grapple with the issues confronting the tax paying public; and

 

WHEREAS, Senator Bucco, Assemblyman Carroll and Assemblyman Bucco have recently introduced S-1896/A-1503, which requires fire districts, school districts, and county governments to share in burden of property assessment appeal refunds;

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey hereby urge the swift passage and signing of S-1896/A-1503; and

 

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

 

Mr. Groon motioned, seconded by Mrs. Gould, 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 in full on the following pages, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Acacia bulkhead sign-off letter, the Clerk reported  that he had received the DEP CAFRA application package from the representatives of the Acacia, and the Borough’s letter was included in the package.

 

The Clerk reported that his office will be ready to introduce the amended fee ordinance at the April 24, 2013 meeting, with the exception of the ambulance fees due to conflicting schedules of the third party administrator of the ambulance fees and the Borough’s CFO. Those numbers will be available by the April 24, 2013 meeting.

 

The beach ice cream concessionaire had made a request for usage of Borough property for “staging” of his concession rental. The Clerk had provided a copy of that request and drawing to the governing body. Additionally, a mercantile license will be required for the concession and that fee will have to be added to the fee ordinance amendment. It was the Clerk’s recommendation that the fee be the same as the umbrella concession rentals.

 

With regard to the mercantile fee for the ice cream concession, the governing body unanimously agreed that the fee should mirror that of the umbrella concession, and that it be included in the fee ordinance amendment to be introduced on April 24, 2013.

 

As to the request for utilization of Borough property for staging of his concession activities, the Clerk indicated that it was not included in the bid documents. The Solicitor interjected that it was her opinion that there were two issues: (1) that the bid documents did not include that provision and it may have changed the bid results, and (2) it is public property that cannot be offered for lease or use unless it is bid. She suggested that the concessionaire be required to submit a plan of operation as specifically required by the bid documents, and that plan should include an alternative plan.

 

The Clerk indicated that should the governing body determine to permit anything substantially different than what is currently provided in the bid documents, all current bids received would have to be rejected, the bid specifications would have to be altered to include the any changes, and then the concession would have to be re-bid. He indicated that it would be mid- to late-June before the operation could commence.

 

After further discussion, it was determined that the concessionaire would not be permitted to utilize the Borough property for his requested purposes, but that certain permitted changes may be included in the next bid process after the termination of this lease in 2014. The Clerk was directed to so advise the concessionaire and to request a plan of operation to include structures and vehicles to be used for the concession rental.

 

Mr. Groon asked the Clerk to put on the agenda for the next meeting a discussion regarding future use of various Borough-owned properties and facilities.

 

The Clerk indicated that Mr. Groon had requested that discussion of a Coastal Engineer be placed on the agenda. He went on to state that the Borough Engineer had supplied names of potential Coastal Engineers to be utilized by the Borough. The issues surrounding Hurricane Sandy and plans for moving forward with regard to the beach and issues concerning Flood Maps were the impetus for this suggestion. Mr. Groon suggested that the Borough needs a specialist to work with the Borough’s staff to identify issues. He added that time was of the essence and a decision would necessarily have to be made at the April 24, 2013 meeting.

 

A request had been received from an individual representing the Kite Festival, requesting vehicular access to the beach at Heather Avenue. The Clerk indicated that while the Kite Festival is a worthwhile event, should the governing body authorize the opening of Heather Road, which is now prohibited by ordinance, that would open the potential for other groups and organizations to also seek access. The Solicitor indicated that such a situation was contemplated in the ordinance. After further discussion, the Clerk was directed to respond to the Kite Festival representative that the request could not be granted due to the Borough’s ordinance, but that a meeting would be requested with the Executive Director of GWTIDA and the Mayor of the City of Wildwood to attempt to resolve similar situations going forward.

 

The Clerk indicated that Mr. Groon had requested that the matter of building safety and security be placed on the agenda. He stated that it had to do with issues at satellite Borough locations that are not currently covered with security cameras. Mr. Groon stated that the Borough was currently updating some security technology. It was his opinion that it was important that the Chief of Police discuss security issues with all department heads to determine their thoughts and concerns regarding security exposures and safety. The Chief of Police indicated that the new system in the Police Department has “open bays” for security monitors.

 

With regard to the New Jersey Avenue reconstruction project, Mr. Groon confirmed with the Engineer that the plans had been submitted, and asked if plans would be available for review by the governing body at the April 24, 2013 meeting. The Engineer answered in the affirmative

 

Additionally, Mr. Groon stated that it was time to start finalizing the plans for the Fall projects. The Engineer agreed.

 

Concerning the Fire Company request for a boat, Mr. Groon suggested that the matter be discussed with the Cape May County Municipal Utilities Authority.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        April 24, 2013

Kevin M. Yecco, Borough Clerk 

MINUTES OF MEETINGS INDEX