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Minutes of Commissioners Meeting   -   September 16, 2015

Note:  Complete Meeting Appears on CD #20-15 on File in the Borough Clerk's Office. September 16, 2015
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 and same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1222

BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF PACIFIC AVENUE IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $2,700,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,571,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1222 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 7, 2015 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 503-15

WHEREAS, the Borough of Wildwood Crest (hereinafter “Borough”), as a contracting unit, may, without advertising for bid, purchase any materials, supplies or equipment from State Contract Vendors which have contracted with the State of New Jersey, Department of Treasury, Division of Purchase and Property, pursuant to the provisions of N.J.S.A. 40A:11-12; and

 

WHEREAS, the contracts awarded under a State Cooperative Purchasing contract that are in excess of the contracting unit’s bid threshold shall be made by resolution of the governing body; and

 

WHEREAS, the Borough wishes to evidence an Agreement with the attached Vendor – KDI - referenced under US Communities NJ State Contract # 4400003732, which Agreement shall be in the not to exceed amount of $409.01 per month for the 60 month contract lease subject to all the conditions applicable to the current State Contract.

 

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, that this Resolution shall constitute an Agreement between the Borough and the attached referenced State Contract Vendor, KDI of New Jersey, subject to all conditions applicable to the current State Contract.

 

BE IT FURTHER RESOLVED, pursuant to the rules of the Local Finance Board of the State of New Jersey, that no amount of these contracts shall be chargeable until such time as materials, supplies or equipment are ordered and a certification of availability of funds is made by the Chief Financial Officer.

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be sixty months or upon expiration of a listed vendor’s State Contract (Attachment A), whichever event first occurs.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 504-15

WHEREAS, there exists the need for the “Professional Services” of a COASTAL ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associated with coastal engineering services in conjunction with Sunset Lake Hydrographic Survey as directed and authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

                WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A: 1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

                WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et seq. for said award;

 

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

 

1.       That the allegations of the preamble hereto are incorporated herein as if fully set forth.

2.       That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with

Hatch Mott MacDonald, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds at the not to exceed contract amount of Nine Thousand Seven Hundred ($9,700) Dollars, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Engineering Firm is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

3.       That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit  the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contract falls within.

4.       That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in the Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 505-15

WHEREAS, on September 9, 2015 , the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , P.O. Box 1358 , Westport, WA 98595 , applied for a Special Events Permit for the purpose of a KITE BUGGY EVENT   to be held from October 6-11, 2015 ,  from 8:00 a.m. until dusk, on the ROSEMARY RD/WILDWOOD CREST BEACH ; and

                                                                                                                                                         

WHEREAS,  the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA), P.O. Box 1358, Westport, WA 98595 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 she is hereby authorized and directed to issue a Special Events Permit to  the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , P.O. Box 1358, Westport, WA 98595 for the purpose of a KITE BUGGY EVENT to be held from October 6-11, 2015 , from 8:00 a.m. until dusk, on the ROSEMARY RD/WILDWOOD CREST BEACH .

 

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

Vote:          Gould – Cabrera – Groon – Yes

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 506-15

WHEREAS, on September 15, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the COLEY-SNOOK WEDDING   to be held on SATURDAY, SEPTEMBER 26, 2015 ,  from 4:30 p.m. to 5:30 p.m. on the CROCUS RD BEACH ; and

                                                                                                                                                         

WHEREAS,  THE MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, NJ 08260, 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 she is hereby authorized and directed to issue a Special Events Permit to  THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the COLEY-SNOOK WEDDING to be held on SATURDAY, SEPTEMBER 26, 2015, from 4:30 p.m. to 5:30 p.m. on the CROCUS RD BEACH.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 507-15

WHEREAS, on September 15, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the SCHEICHER-JOHNSON WEDDING   to be held on SATURDAY, SEPTEMBER 26, 2015 ,  from 10:30 a.m. to 11:30 a.m. on the CROCUS RD BEACH ; and

                                                                                                                                                         

WHEREAS,  THE MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, NJ 08260, 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 she is hereby authorized and directed to issue a Special Events Permit to  THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the SCHEICHER-JOHNSON WEDDING to be held on SATURDAY, SEPTEMBER 26, 2015, from 10:30 a.m. to 11:30 a.m. on the CROCUS RD BEACH.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending August 31, 2015 be accepted as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission Meetings held on August 19, 2015 and September 2, 2015 as well as the Closed Session Meetings held on August 19, 2015 and September 2, 2015, be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor amended the agenda to allow for additional public commentary and invited the public to speak.

 

Jack Taylor, 6005 Pacific Avenue, indicated he has been a long time resident of Wildwood Crest for approximately 60 years and believes putting in medians would be a mistake.

 

Mark Thornton, 205 E. Crocus Road, agreed with Mr. Taylor.  He cited several reasons why putting in medians would be detrimental: as a volunteer fireman, he believes it would create a problem with the fire trucks in the summer; he indicated that the comparison with Central Avenue is not fair because it is a secondary thoroughfare; he voiced concern over the cost to put them in and the cost to maintain them, and lastly, he indicated it felt “rushed.”  The Mayor then indicated that Pacific Avenue needed to be done either way (with or without medians).

 

Ken Hand, 7312 Pacific Avenue, agreed with the two previous gentlemen and felt it was “crazy” to consider putting in medians.  He also requested that the Borough put a moratorium on parks.

 

Toni Fuscellaro, 200 E. Rosemary Road, indicated she was in favor of the medians.  She crosses that street multiple times a day and is worried about the safety of her children.

 

Sharon Stocker, 130 W. Cardinal Road, indicated she was displeased with New Jersey Avenue and stated from Primrose to Miami Avenues along New Jersey were not safe in her opinion.  She also indicated she was not in favor of islands along Pacific Avenue.

 

Joe Salerno, 6601 Atlantic Avenue, stated he was in favor of islands along Pacific Avenue because it would be safer for children and it would slow down traffic.  He also indicated that there was no need for a four lane highway.

 

Steve Tecco, 6503 Ocean Avenue, agreed with implementing islands along Pacific Avenue and indicated from a safety perspective that four lanes are unnecessary.

 

Chuck Schumann, 117 W. Toledo Avenue, indicated that he measured both Pacific Avenue and Central Avenue in North Wildwood, and felt that there was sufficient room for both medians and traffic.  He further indicated that it would slow down traffic and make it safer.  Lastly, he indicated that the process felt rushed.

 

Nancy Pietropaoli, 6002 Seaview Avenue, indicated that the residents along Pacific Avenue should be consulted and she was concerned with the price to do this project.

 

Dennis Travascio, 112 E. Louisville Avenue, asked what the cost estimates were for the medians and the Mayor indicated approximately $500,000 and that they introduced the Bond Ordinance tonight because it takes approximately 45 days for the Ordinance to be in place.  Mr. Travascio then indicated that he was against implementing islands along Pacific Avenue and that he was worried about accidents occurring and North Wildwood was different because their streets are all two way. 

 

Mike Hawthorne, 102 E. Preston Avenue, indicated the yellow zone at Preston and Pacific Avenues has been shortened and that it was harder to pull out and people were parking in the yellow zones.  He then indicated that he was against the medians and against shrubbery on the islands by the school because he felt it would be a safety issue with children crossing.  The Mayor indicated with respect to the yellow lines that they were in excess of state requirements.  Mr. Hawthorne then had concerns with the beach access for vehicles at Cresse Avenue and Heather Road.  The Director of Public Safety indicated that Cresse Avenue is a shared roadway with Wildwood.  Wildwood Crest does not permit vehicle access, but what Wildwood does is out of our jurisdiction.  With regard to Heather Road, it has been open all summer but again, Wildwood Crest does not allow vehicle access. 

 

Joe Salerno, 6601 Atlantic Avenue, again contended that the aesthetics could help the ratable.

 

Marie Nickerson, 8801 Bayview Avenue, indicated that she would like clarification of the renovation work with the island on New Jersey Avenue and how much this was costing.  The Mayor indicated it would be approximately $100,000 to correct the mistake.

 

Jack Mauer, 6001Pacific Avenue, indicated he was against the idea of putting in medians on Pacific Avenue.  He further indicated that people should use caution when crossing the street and then asked if the decision must be made at this evening’s meeting. 

Mr. Nardini, 222 E. Hollywood Avenue, questioned plans for the southern end of Pacific Avenue since this impending project pertained to northern portion (Cresse to Rambler).  The Mayor then pointed out that the southern end was predominantly one lane.  The Director of Public Safety then added that there is one lane of traffic at the school.  He also then referenced Ocean City and how they went from four to two lanes of traffic by painting islands.  Furthermore, the Director of Public Safety that safety is the issue here in Wildwood Crest.

 

Mark Thornton, 205 E. Crocus Road, asked that the Commissioners consider those people who actually live on Pacific Avenue when making their decision.

 

Chuck Schumann, 117 W. Toledo Avenue, indicated that the decision felt rushed and that perhaps it would be wise to slow down and weigh the positives and negatives.

 

Ken Hand, 7312 Pacific Avenue, suggested that the Board of Commissioners look at what Ocean City has done on West Avenue.

 

After hearing nothing further from the public, the Mayor indicated there would be another opportunity to speak after the Board discussed New Business and Old Business.  The first topic of New Business was Medians on Pacific Avenue from Rambler Road to Cresse Avenue.  Commissioner Cabrera indicated that he too felt rushed in this decision and would like to have more time and studies done. The Engineer then indicated that time was a factor in order to get the funding in place, bidding, and to have the project completed by May.  Commissioner Gould then asked for a brief summary of costs both with and without the medians and the Engineer responded.  The Director of Public Safety then reiterated it was our responsibility to ensure the safety of pedestrians and that speed only increases when there are four lanes of traffic.   Discussions further ensued regarding bumping out curb lines for shrubbery, associated costs, as well as the widths of various main streets.  The Mayor then added that it was members of the Planning Board that were looking at the northern end of Pacific Avenue and how to improve it.  Commissioner Cabrera then indicated that the deadline for the project to be done was mid May.  The Engineer indicated that in order for that to take place; they would have to break ground in early December.  The Mayor then indicated that a decision should be made at the next meeting, which is on October 7, 2015.  Commissioner Cabrera then indicated that the Budget Review Process would take place in October in case there were other projects on the horizon. 

 

With regard to the second item, Review of the Lighting on New Jersey Avenue, Commissioner Cabrera indicated they were waiting on Atlantic Electric.

 

With regard to the third item, Landscape Design on New Jersey Avenue, Commissioner Cabrera indicated that plans should be available for the next meeting and a cost estimate as well.

 

With nothing further to discuss in New Business, the Mayor then opened Old Business.  Commissioner Cabrera confirmed that Finch Brands was going to conduct a webinar with various departments because the Board was not ready to formally approve the new brand / logo.  The Mayor suggested taking time with the process and reaching out to the stakeholders.  With regard to the last topic, Sunset Lake – Mitigation / Storm Damage, the Engineer indicated he had a meeting in Trenton set up for later in the week regarding this. 

 

With nothing further for New and Old Business, the Mayor once again opened the floor for public commentary. 

 

James Johnson, 214 E. Trenton Avenue, indicated that New Jersey Avenue is four lane highway and is the business district in Wildwood Crest and that there are people in favor of the islands on Pacific Avenue.

 

Catherine Regalbuto, 9401 Atlantic Avenue, wanted to know if construction in our municipality would help with the flooding.  The Engineer indicated there is very little drainage on Pacific Avenue.

 

Chuck Schuman, 117 W. Toledo Avenue, indicated that there have been no issues with flooding in his neighborhood.  He further went on to say that he has had several problems from a Lower Township business from excessive lighting, to them using Wildwood Crest property for items, to a flag pole and he would like his issues addressed.

Joe Salerno, 6601 Atlantic Avenue, wanted to know what would warrant four lanes of traffic on Pacific Avenue and if it is so heavily trafficked and then it brings up safety issues.  With that, the Mayor indicated that Pacific Avenue needs to be done.

 

Joan Mauer, 6001 Pacific Avenue, voiced that she is against the medians on Pacific Avenue.  She indicated that she lives on Pacific Avenue and sees most accidents there are due to people running stop signs.  The Mayor then urged Ms. Mauer and residents alike to call the police if you see something or notice a stop sign covered by trees.  With regard to landscaping on Sunset Lake, Ms. Mauer urged Commissioner Cabrera to make it look natural.

 

With no further comments from the public, Commissioner Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.  All were in favor.  The time was 8:14 p.m.

 

Dated: October 21, 2015

Patricia A. Feketics, Borough Clerk

         

MINUTES OF MEETINGS INDEX