Minutes of Special Commissioners Meeting - February 19, 2014
Prior to the opening of the Special Meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.
The Special 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 SPECIAL meeting by posting notice on the bulletin board in the Borough Hall and by mailing and FAX transmitting same to the Gazette-Leader, the Herald and The Press on February 10, 2014 at 11:00 a.m.
Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.
The Clerk announced three matters for discussion: U.S. Army Corps of Engineers Beach Study, Authorizing Notice to Bidders for New Jersey Avenue Reconstruction Project, and a closed session Resolution to discuss Borough Administrator Candidates. The Commissioners agreed to withdraw the closed session Resolution making it two issues to discuss.
The clerk also noted no other business, discussion, or public comments will be permitted at this time, except specifically with respect to the item listed above, due to the limitations imposed on this meeting by the notice authorizing same pursuant to the full provisions of the open public meetings act.
THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:
RESOLUTION NO. 72-14
2013 STREET AND UTILITY RECONSTRUCTION
BOROUGH OF WILDWOOD CREST
PROJECT NO’S: S340719-03, S340719-04 &
is hereby given that sealed bids for the construction of the above
referenced project will be received by the Wildwood Crest Purchasing
Committee and opened and read in public in the Municipal Court Room
located at the Wildwood Crest Borough Hall, 6101 Pacific Avenue,
Wildwood Crest, New Jersey 08260 at 11:00 a.m. prevailing time, on
Friday, March 21, 2014.
under this contract shall include furnishing all labor, equipment and
materials required to construct street and utility improvements on
various streets within the Borough of Wildwood Crest including but not
limited to gravity sanitary sewer system; sanitary sewage pump station;
storm sewer system; a new storm water pump station; water system;
demolition of two (2) sanitary sewage pump stations; and roadway
reconstruction including concrete curbs, gutters, driveways, ADA
compliant curb ramps & line striping.
The locations and specific quantities of the work are as shown on
the construction drawings and as further described in the construction
Documents may be examined at the office of the Borough Engineer, Ralph
Petrella Jr., Van Note – Harvey Associates, P.C., 211 Bayberry Drive,
Suite 2-E, Cape May Court House, New Jersey 08210 (herein designated the
Issuing Office) or at Wildwood Crest Borough Hall.
of Bidding Documents may be obtained only from the Issuing
Office, upon the presentation of the name and mailing address of the
interested party and the payment of a non-refundable charge of
$250.00 for reproduction and processing beginning on Monday, February
24, 2014. Checks shall be
made payable to Van Note – Harvey Associates, P.C.
non-mandatory Pre-Bid Conference will be held at 1:00 pm on
Thursday, March 6, 2014 at the Wildwood Crest Borough Hall, 6101 Pacific
Avenue, Wildwood Crest, NJ. Representatives
of the Owners and Engineer will be present to discuss the Project.
Bidders are encourages to attend and participate in the
conference. Engineer will
transmit to all prospective Bidders of record such Addenda as Engineer
considers necessary in response to questions arising at the conference.
Oral statements may not be relied upon and will not be binding or
bids must be accompanied by bid security.
The bid security shall be in the form of a certified check,
cashier's check, or bid bond executed by the principal and surety
company attorney in fact and witnessed and attested to with the power of
attorney attached, in the amount of 10% of the amount of the bid but not
to exceed $20,000.00 and made payable to ‘Borough
of Wildwood Crest
and City of Wildwood’.
addition to the certified check, cashier's check or bid bond as bid
security, each bid must be accompanied by a Consent of Surety of a
surety company licensed to do business in the State of New Jersey and
acceptable to the Borough
of Wildwood Crest
and the City of Wildwood that in event of an award of a Contract to the
bidder, said surety will furnish the required bonds in the sum of the
full amount of the bid as set forth and as required herein.
successful Bidder must furnish a 100% Performance Bond and 100% Labor
and Material Payment Bond in conformity with the requirements of the
successful bidder will be required, upon final payment, to furnish a
General Maintenance Bond acceptable to the Borough of Wildwood Crest and
the City of
the successful Bidder to which this Contract is awarded fail to comply
with the above provisions as to the submission of the required bonds,
fully execute or to execute the Contract within the time required
herein, the Owners may at their sole discretion, declare the successful
Bidder in default, and shall be entitled to retain the bid security.
are required to comply with the requirements of New Jersey P.L. 1975,
C.127 (N.J.A.C. 17:27), Public Works Contractor Registration Act (PWCRA)
P.L. 1999, C.238-N.J.S.A. 34:11-56.48 et seq, Affirmative Action; P.L.
1963, C.150, Prevailing Wage Act; and P.L. 1975 C.33, Disclosure of
Interests, as amended and supplemented.
the statutes of the State of
successful bidder will be required to comply with all provisions of
Executive Order 11246 of September 24, 1965, and all of the rules,
regulations, and relevant orders of the Secretary of Labor.
of Wildwood Crest
and the City of Wildwood reserve the right to reject any or all bids or
to waive any informalities or immaterial differences should the Borough
of Wildwood Crest
and/or the City of Wildwood deem it to be in the public interest to do
proposal or bid must be submitted in accordance with the terms of the
aforesaid specifications and must be made on standard proposal forms
contained in the specifications. It
must be enclosed in a sealed envelope, bearing the project name and the
name and address of the bidder and be delivered at the place on the hour
project is funded in part by the New Jersey Environmental Infrastructure
Trust Financing Program and the successful bidder must comply with the
provisions of N.J.A.C. 7:22-9.1 et seq. for the participation of small
business enterprises owned and controlled by socially and economically
disadvantaged individuals (SEDs). The
successful bidder will be required to comply with the Project Plan
developed by the project sponsor fulfilling SED utilization.
SED Goal is ten percent (10%) of the total amount funded by the NJ
Environmental Infrastructure Trust Financing Program.
The minimum amount for SED participation is $1,519,325.00.
This is on an unrestricted basis whereby the successful bidder
must fulfill the SED Utilization Requirements.
of Wildwood Crest
Board of Commissioners,
City of Wildwood
Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.
The next issue discussed was the U.S. Army Corps of Engineers Beach Study and present for this discussion were: Mayor Carl Groon, Commissioner Joyce Gould, Commissioner Don Cabrera, Solicitor Doreen Corino, Borough Clerk Janelle Holzmer, Christopher Constantino (N.J. Department of Environmental Protection), Brian Bogle (U.S. Army Corps of Engineers), Borough Engineer Jim Verna, and Tom Thornton (Hatch Mott MacDonald – Coastal Engineer). Commissioner Cabrera gave an overview of a prior meeting that discussed the concerns that Wildwood Crest had. Mr. Thornton then added that currently there are still three major issues and a few ancillary issues. The main concern is the dune height and whether the Borough would be willing to accept the 16 foot dune height. Mr. Thornton went on to add that according to Commissioner of the DEP is that they would not support the Borough’s request to lower that. Therefore, he believes there are three options that the Borough currently has: accept the 16 foot dune, oppose the 16 foot dune and not support the project, or request a lower dune (i.e. 12 feet). Discussions ensued regarding how Wildwood Crest has accumulated so much sand. Mayor Groon addressed the panel about the ponding issues on the beach and how this study doesn’t address it. Mr. Bogle addressed one of the reasons they cannot solve the ponding issues is due to the width and breadth of beach. He added that if they constructed a berm across the entire beach would cost approximately 15-20 million alone to solve the ponding issue. The whole “dune” project from Hereford Inlet to Cape May Inlet is 18 million dollars and therefore it is more cost effective for storm damage reduction than from elevating the entire beach to 6.5 feet.
Mayor Groon also addressed another point that both North Wildwood and Wildwood have a boardwalk and people can stand on that boardwalk and look over the dune at the water. What Wildwood Crest has is the beach, the bike path and the water. Mr. Constantino indicated that in the long run, this project proposes to have beneficial, economic impacts as far as the protection that it will provide the community as a whole.
Mr. Thornton added the issue of the “ponding” and the objective of the study is to eliminate storm water ponds, and then the objective should be consistent with the authority. The third issue was the back passing project. The Borough received assurances from the Army Corps at the last meeting that the slopes would be not only achieving an angle of repose in the sand, but that during construction, the slopes would be graded to those slopes on the plans.
The last major issue was if that plan would place the existing outfall structures in jeopardy. Mr. Bogle stated they needed to look at that on an outfall by outfall basis. Mr. Thornton indicated that the Borough could oppose the dune, but they accept the backpassing portion of the project. Mr. Bogle indicated that he would need to get back with an answer.
Mr. Thornton also indicated there was some clarification with FEMA issues in that whatever is in the selected plan within the Army Corps jurisdiction if it’s damaged through a storm, the funding from the FCCE would pay for it. If it is not in jurisdiction, it would still be eligible for FEMA.
Mr. Thornton asked for clarification on the Corps position of existing conditions of the pipe and if it gets damaged (even if in poor condition) and if the facilities get upgraded so that are not immediately damaged. The issue was new to the gentlemen and they would follow up on that.
The last thing Mr. Thornton brought up was the initial cost is 100 % paid for and there would be no local sharing. Mr. Constantino reiterated that it is not set in stone. The current cost share is 65% Federal and 35% local sponsors. The DEP would then take the cost share of 35% portion with the Borough (75% - 25%) and that would include the sand that it took to build the beach in front of the dune, the dune itself, and the crossovers and fencing, and the grass planting (not the sand that is removed from the beach).
Mr. Bogle stated the periodic nourishments costs are 50/50.
The Mayor inquired about the possibility of two smaller dunes instead of one 16 ft. dune and Mr. Thornton indicated that he would like the Army Corps consider this option as a locally preferred alternative.
Commissioner Cabrera indicated that the Borough must give its formal response by March 10, 2014. Lastly, Mr. Constantino brought up the fact that there were many places that haven’t had damage in fifty years and after “Sandy”, this is a state and Federal issue and everything is under a microscope. The thought patterns have shifted with decisions and designing these projects with “what –ifs.”
Mr. Thornton indicated that a breakdown of the following for Wildwood Crest would be beneficial: the limit of erosion for the fifty year storm, 100, 200, and 500 year storm as well as the damages. Mr. Bogle indicated there is a table in the report that lists erosion distances for each event for each cell.
Mr. Thornton also confirmed that dune crossovers would be at every street end and if possible, making the slopes ADA compliant.
Mr. Bogle then stated that he spoke with the economists about the difference between the protection levels at 16 feet vs. 12 feet. The damage level for a 16 foot dune (average annual damages for all the events looked at is approximately $305,000.00) and if you go down to 12 foot dune (the damage levels go to approximately $648,000.00) and that is based on the same width.
At the conclusion of the meeting, it was determined that the Borough would provide a letter and have an internal discussion and further discuss at the next Commissioner Meeting on February 26, 2014. The Mayor indicated that he would like to give the public the opportunity to voice their opinion.
A five minute break took place. At 11:48 a.m., the meeting resumed. Mr. Thornton and Mr. Verna are still present. Discussions ensued regarding the dune system, back passing, ponding and perhaps what Wildwood Crest would be giving up. The Commissioners determined it best to see what the public has to add before giving any response. Mr. Thornton was tasked with preparing a “draft” letter regarding the concerns and will be ready for the Commissioners Meeting on February 26, 2014.
There being no further matters for discussion, Mr. Cabrera motioned, seconded by Mrs. Gould, that the meeting be adjourned.
Dated: February 26, 2014
Janelle M. Holzmer, Borough Clerk