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Minutes of Commissioners Meeting   -   January 5, 2011

Note: Complete Meeting Appears on CD #1-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office January 5, 2011
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, 2010.

 

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. 1119

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH

OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE", FIXING AND

DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD

CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY , PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1119 be passed on first reading, advertised according to law, be brought for second and final reading and public hearing on Wednesday, January 26, 2011 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 430-11

(Authorizing adoption of the fiscal year 2011 Temporary Budget)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Prior to reading of the following Resolution, the Clerk inquired of the Engineer if the documents in his possession were the correct documents to be authorized since he had received numerous communications regarding the matter. The Engineer responded that the documents are correct.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 431-11

(Authorizing approval of Change Order No. 1-Final and Estimate Certificate No. 8-Final regarding replacement of Atlantic Avenue Storm Sewer)

 

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. 432-11

(Authorizing award of contract to Pogue Safety & Health Consortium to provide employee drug and alcohol testing at a cost of $58 per employee trained/tested)

 

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. 433-11

(Authorizing appointment of Thomas DePaul as Emergency Management Coordinator for the Borough)

 

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. 434-11

(Authorizing Jason Hesley, Tax Assessor, to represent the Borough in tax appeals in calendar year 2011, subject to assistance/direction as provided by the Solicitor)

 

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. 435-11

(Authorizing re-appointment of Kevin Yecco, Clerk/Administrator, as Appointing Authority Hearing Officer for all Civil Service Disciplinary Action Hearings)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 436-11

(Authorizing re-appointment of Fred Coldren, via professional services contract, as Appointment Authority Conflict Hearing Officer, at a rate of $75 per hour, for Civil Service Disciplinary Action Hearings)

 

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. 437-11

(Authorizing re-appointment of Maryann Hornsby as a member of the Environmental Commission for a term of three years, expiring December 31, 2013)

 

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. 438-11

(Authorizing re-appointment of Charles Schumann as a member of the Environmental Commission for a term of three years, expiring December 31, 2013)

 

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. 439-11

(Authorizing re-appointment of Fred J. Spiewak as a member of the Zoning Board for a term of four years, expiring December 31, 2014)

 

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. 440-11

(Authorizing re-appointment of Herbert Hornsby as a member of the Zoning Board for a term of four years, expiring December 31, 2014)

 

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. 441-11

(Authorizing re-appointment of Brian Stuart as Alternate Member No. 2 of the Zoning Board for a term of two years, expiring December 31, 2012)

 

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. 442-11

(Authorizing re-appointment of Steve Tecco as a member of the Tourism Commission for a term of two years, expiring December 31, 2012)

 

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

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 443-11

(Authorizing re-appointment of Robert Patterson as a member of the Tourism Commission for a term of two years, expiring December 31, 2012)

 

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. 444-11

(Authorizing re-appointment of James Grauel as a member of the Recreation Commission for a term of three years, expiring December 31, 2013)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 445-11

(Authorizing re-appointment of Toni Fuscellaro as a member of the Recreation Commission for a term of three years, expiring December 31, 2013)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 446-11

(Authorizing re-appointment of Jeff Walden as a member of the UEZ Board of Directors to a term expiring June 28, 2011)

 

Prior to the motion and vote, Mrs. Gould inquired of Mr. Cabrera, the elected official representative to the UEZ, whether the Borough’s representatives participate and are present for the meetings. Mr. Cabrera responded that they do participate.

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. 447-11

(Authorizing adoption of the Cash Management Plan)

 

 

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. 448-11

(Authorizing refund of overpayment on property taxes in the amount of $8,016 to Atlantic Breeze, Inc. for property situated at Block/Lot 38.03-4)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the matter of Paff v. Wildwood Crest, the Clerk requested a motion to authorize payment of legal fees to Walter Luers, attorney for Mr. Paff, in the amount of $1,891.50, contingent upon certification by the CFO as to availability of funds and that the initial discussion on this settlement amount was held in closed session at the last commission meeting; that all background information has been likewise previously provided to the governing body.

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing payment authorization be approved.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and set forth below, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the West Side Drainage Improvements, Phase 2, there was discussion as to which add alternates to include in the award of the contract. Mr. Groon had questions regarding the scope of work included in each add alternate. Mr. Groon then stated that it was his opinion that the tennis courts should be included in the award since the amount fits within the budgeted amount. The Clerk suggested that the contract be awarded as recommended by the Engineer, and should there be funds remaining after the completion of the project, then authorization could be  provided for the tennis court project as a change order. The Engineer concurred, indicating that the courts would be available for use by the public in the spring. He added that he wanted to award the contract at this meeting since it will be a difficult project to be completed and he would like to have it completed before Memorial Day. Mr. Cabrera questioned whether there was a need for five tennis courts, and inquired if the work could be limited to four tennis courts.  The response was in the affirmative. Mr. Groon reiterated his suggestion that the tennis courts be considered at a later time as suggested earlier by the Clerk. There being no further discussion on the matter, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 449-11

(Authorizing award of contract to Lewandowski Construction Industries, LLC at the not to exceed contract amount of $805,302.80 for the West Side Drainage Improvements, Phase 2)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The next matter for discussion was the Rambler Road Park Project, Phase 2. The Clerk indicated that MJJ Construction had executed an authorization to extend their bid amount until January 28, 2011. The Engineer added that MJJ Construction had indicated their willingness to provide the Borough “as much time as necessary” unless the prefab manufacturer increases steel prices. The Clerk referenced an e-mail from the Engineer dated December 15, 2010, in which the Engineer provided Phase 2 cost estimates. Mr. Cabrera asked if that was the cost estimate for the entire project of $1 million. The Clerk responded that it provided for $995,960. Mr. Cabrera stated that the estimate was within the amount set by the governing body.

 

Mr. Groon had two questions regarding the plan. The first was the choice of location for the building. Mr. Cabrera stated that he preferred Option 1, which placed the turn-around westerly of the bike shop. Mr. Groon stated that that option puts the bike shop “on top of” the Nesbitt Center .  Mrs. Gould concurred with Mr. Cabrera’s opinion regarding Option 1. It was suggested that the distance between the bike shop and the Nesbitt Center be expanded slightly to provide more room.

 

The second issue raised by Mr. Groon was a decision regarding the gazebo. He indicated that there were four options available, and a decision was required as to which option to choose. He listed the options as follows: (1) leave it where it is with minor repair; (2) replace with a new one; (3) move the current gazebo; and (4) complete renovation of the current gazebo. Mr. Cabrera asked how much of the $1 million budgeted was allotted to the gazebo. The Clerk responded that only $15,000 was allocated for in-house work. The Engineer interjected that an ADA compliant walkway was also included in that budgeted amount.

 

After further discussion, the Clerk indicated that he would need authorization for the Engineer to move forward. He added that he had an outstanding resolution awarding a contract to MJJ Construction, which resolution will need to be adopted before January 28, 2011. Mr. Groon stated that that contract would be contingent upon the Borough obtaining the CAFRA permit.

 

With regard to the library renovations, the Clerk reported that he had scheduled a meeting with the Cape May County Administrator as well as a status update for the traffic lights on New Jersey Avenue .

 

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

Vote:          January 26, 2011

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX