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Minutes of Commissioners Meeting   -   January 26, 2011

Note: Complete Meeting Appears on CD #02-11 and #03-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office January 26, 2011
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon welcomed Boy Scout Troop 73, who led those present in the Pledge of Allegiance to the Flag. Boy Scout Troop 73 then made a short presentation on the history of the Boy Scouts in honor of the 100th Anniversary of the Boy Scouts of America.

 

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 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1116 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1116

AN ORDINANCE AUGMENTING AND AMENDING THE LAND USE DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST AND AMENDING ORDINANCE NO. 753 ADOPTED JANUARY 8, 1992, ORDINANCE NO. 983 ADOPTED OCTOBER 26, 2005, AND ORDINANCE NO. 1022 ADOPTED DECEMBER 13, 2006, CHAPTER 85 – ARTICLE I – GENERAL PROVISIONS – SECTION 1 – TITLE, CHAPTER 85 – ARTICLE II – DEFINITIONS – SECTION 11 ZONING PERMIT, CHAPTER 85 – ARTICLE III – ZONING DISTRICTS, RULES AND REGULATIONS – SECTION 85-14 – ZONING MAP, CHAPTER 85 – ARTICLE IX – BUSINESS ZONE SECTION 85-50, 4B – DESIGN STANDARDS, CHAPTER 85 – ARTICLE XIV – EXCEPTIONS AND SUPPLEMENTAL REGULATIONS – SECTION 82-N – FENCES AND WALLS, CHAPTER 85-ARTICLE XV – DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS – SECTION 114A – CRITICAL AREAS, CHAPTER 85 – ARTICLE XVI – ZONING BOARD OF ADJUSTMENT AND PLANNING BOARD – SECTION 115 – ESTABLISHMENT OF ZONING BOARD OF ADJUSTMENT, CHAPTER 85 – ARTICLE XVIII – GUARANTEES, INSPECTIONS AND OFF-TRACK IMPROVEMENTS – SECTION 139-A – FEES, CHAPTER 85 – ARTICLE XIX – ADMINISTRATION, ENFORCEMENTS, VIOLATIONS AND PENALTIES – SECTION 143 – ENFORCEMENT AND SECTION 145 - VIOLATIONS AND PENALTIES, AND TO AMEND THE CODE OF THE BOROUGH OF WILDWOOD CREST TO DELETE CHAPTER 39 – LAND USE PROCEDURES, ARTICLES I – IV, CHAPTER 64 – SITE PLAN REVIEW, AND CHAPTER 69 – SUBDIVISIONS.

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1116.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1116 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1116 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1117 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1117

AN ORDINANCE AMENDING A BOND ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY , NEW JERSEY , HERETOFORE ADOPTED ON NOVEMBER 22, 2010 (#1112)

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1117.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1117 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1117 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1118 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1118

ORDINANCE AMENDING A BOND ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, HERETOFORE ADOPTED ON JULY 8, 2009 (#1077), AND AMENDED BY ORDINANCE NO. 1115, ADOPTED ON DECEMBER 8, 2010.

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1118.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1118 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1118 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1119 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

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 a public hearing be held on Ordinance No. 1119.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1119 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1119 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 450-11

(Authorizing approval of Change Order No. 1-Final and Estimate Certificate No. 3-Final, replacement of bayfront bulkhead at Rosemary Road Park )

 

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. 451-11

(Authorizing renewal of agreement with the Police Public Safety Telecommunicators for the period retroactive to January 1, 2011 through 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. 452-11

(Authorizing the submission and acceptance of USDA-Rural Development Grant by and through the County of Cape May for traffic signal replacement on New Jersey Avenue at the intersections of Aster, Cardinal and Sweetbriar Roads)

 

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. 453-11

(Authorizing appointments to the Local Defense Council/Local Emergency Planning Committee)

 

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. 454-11

(Authorizing extension of the professional services contract for the ongoing Master Plan review and recommendations to Planning Design Collaborative for one year, through January 25, 2012 at the funding level heretofore established through the adoption of Borough Resolution No. 194-10)

 

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. 455-11

(Authorizing the issuance of a refund in the amount of $112.77 to Rita Thom for a duplicate ambulance transport overpayment)

 

 

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. 456-11

(Authorizing Notice to Bidders for one 2011 Ford Ranger 4x4 Super Cab pick-up, or equivalent, with bid receipt date of February 15, 2011)

 

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. 457-11

(Authorizing Notice to Bidders for one 2011 Ford Explorer 4x4 XLT, or equivalent, with bid receipt date of February 15, 2011)

 

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. 458-11

(Authorizing a refund overpayment on property taxes to Hayes, Bryan and Paula Jr., in the amount of $942.47, for property situated at Block/Lot 135-19)

 

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. 459-11

(Authorizing a refund overpayment on property taxes to Hagan, Lenora, in the amount of $1,787.34, for property situated at Block/Lot 65.03-4-C0302)

 

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. 460-11

(Authorizing a refund overpayment on property taxes to Woznicki, John R. and Kendig, Leslie T., in the amount of $1,291.78, for property situated at Block/Lot 56.03-3-C0205)

 

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. 461-11

(Authorizing a refund overpayment on property taxes to Stephens, Richard A., in the amount of $294.65, for property situated at Block/Lot 68.03-1-C0600)

 

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. 462-11

(Authorizing a refund overpayment on property taxes to L’Esperence, Kenneth and Kathryn, in the amount of $812.63, for property situated at Block/Lot 38.03-1-C0203)

 

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. 463-11

(Authorizing award of contract to Air Control Technology, for the not to exceed contract amount of $300,512. For the base bid and add alts. Nos. 1 through 4, for Von Savage Pool Facility HVAC and Electrical Improvements)

 

Mr. Cabrera 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 herein below, 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, Chief of Police and Recreation Supervisor for the month ending December 31, 2010 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held December 24, 2010 and January 5, 2011, as well as the closed session of December 24, 2010, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Phase 2 Rambler Road Park Project, the Clerk indicated that the Borough was unable to move forward with any final determinations due to questions regarding funding levels through the DCA grant, i.e., that it will be extended beyond the expiration date, as well as the status of the CAFRA permit. Mr. Groon indicated that since the work cannot be commenced any sooner than Fall 2011, the faulty playground equipment must be addressed prior to the summer season. Mr. Cabrera stated that the parts are no longer available for the equipment, and suggested that the equipment be removed, and indicated that it would be done prior to the summer season. Mr. Groon added that the gazebo must be addressed prior to the summer season because of safety issues. Additionally, Mr. Groon indicated that should the DCA provide an extension on its grant, but the Federal Government does not grant an extension, the Borough will have to proceed with bike path work. The Engineer added that the Borough will be required to be under contract by the expiration date. Construction is not required to be completed by that date.

 

The next matter for discussion was the Cresse Avenue bikeway-boardwalk connector. The Clerk indicated that he had provided documentation to the governing body for their review. He added that the City of Wildwood had been designated as the lead agency for the project since the significant portion of the project will be situated on property owned by the City of Wildwood . Mr. Cabrera stated that the project is still in the cost estimating stage. He added that the City of Wildwood has proposed a “unique” design for the connector. The cost estimate could be of concern to the Borough of Wildwood Crest. Mr. Cabrera went on to state that the object would be to have the entire project funded by the UEZ program, and he indicated his skepticism for that plan. Mrs. Gould inquired as to what would happen if UEZ funds are not utilized for the project. Mr. Cabrera responded that the two municipalities would have to decide whether to fund their respective portions or obtain funding from another source. Mr. Groon inquired as to the liability aspect of the “beach access” being on the Wildwood Crest portion of the beach. The Solicitor responded that presents liability issues, as well as a legal issue. She added that there may be an insurance issue involved. Mr. Cabrera stated that he would pass along the Borough’s desire to see the ramp moved northward to prevent it from landing on the Wildwood Crest side of Cresse Avenue .

 

With regard to the dune and vegetation maintenance plan, the Clerk indicated that several of the motels along the northern section of the Borough, from Morning Glory to Wisteria, have been seeking assistance for maintenance of the dunes that abut their properties. Mr. Groon stated that for consistency and uniformity, the Borough will have to look at the blocks owned by the Borough as well.

 

Mr. Groon reported on the status of the library renovations. He indicated that he had met with County representatives regarding the options. They had indicated that the Borough should have a response from the County by February as to the best course of action to be taken. The Clerk interjected that it may be at the existing location or at another site designated by the Borough.

 

Concerning the UEZ administration charges, the Clerk indicated that the matter was to be discussed in closed session later in the meeting due to the pending legal issues.

 

The Solicitor reported, as to the M. W. Mitchell bayfront improvements, that she had started discussions with Mr. Mitchell as directed by the governing body at the last meeting. She indicated that she had nothing definitive to report at this time.

 

The Clerk indicated that he had provided the governing body with a copy of correspondence received from representatives of the Volunteer Ambulance Corps regarding ownership of the ambulance corps building. In that correspondence, they indicated that they would be relinquishing ownership of the building and all equipment to the Borough of Wildwood Crest, as well as any liabilities, financial or otherwise, incurred by the Volunteer Ambulance Corps on behalf of the Borough. The Clerk indicated that there is an outstanding mortgage on the building. The Solicitor stated that she had spoken to the CFO, who had requested that she contact the bank to get the mortgage balance payoff as of April 30, 2011.

 

With regard to the Rosemary Road Park , Mr. Groon indicated that he would like to present a resolution at the next meeting naming the park after two men who grew up on Rosemary Road and served in Viet Nam . He would also be asking that the park be named and dedicated on Memorial Day.

 

The Clerk indicated that he had a resolution to present regarding the Crest Pier Store No. 4, which lease was due to expire on April 30, 2011. Mr. Groon stated that he had met with the current tenant who had requested an extension of the lease. He suggested that it be extended until December 31, 2011. Mr. Cabrera inquired if it would be an extension of the lease, or would it have to be put out to bid. The Clerk and Solicitor both responded it will have to be bid out.

 

Concerning the Crest Pier roof renovations, Mr. Groon indicated that it was his understanding that Mr. Cabrera would be making a presentation at this meeting regarding the roof renovations. Mr. Groon stated that it was his understanding that some of the Rambler Road park project funds were to be utilized to do the Crest Pier roof renovations. However, since that project will not be going forward in time to finance the roof project in the summer of 2011, the financing of the roof will have to be reviewed. Mr. Cabrera reviewed the various aspects of the project and indicated that it would be safe to presume it will be a $1 million project. Mr. Groon urged Mr. Cabrera to obtain a firm estimate, with specific input from the Engineer, in order to be able to move forward.

 

There being no further matters for discussion, THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 464-11

(Authorizing Notice to Bidders for oral bids for the lease of Store No. 4 situated at the Crest Pier Community Center )

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Nancy Pietropaoli, 6002 Seaview Avenue , asked for clarification on the library matter, as she has heard many rumors. The Clerk responded that they were unable to comment at this time as the Borough is in negotiations with the County.

 

Joe Lloyd, 7014 Pacific Avenue , commented on a situation at the Little League baseball field in which the Wildwood Little League refused two teams access to the field in September. Mr. Groon responded that the Borough has a contract with the Little League to utilize the field through “fall ball.” Mr. Cabrera added that the lease renewal should include a provision that the scheduling must be approved by Wildwood Crest staff.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 465-11

(Closed Session: potential litigation re: beach replenishment projects; continued membership in the island-wide UEZ; potential acquisition of lands re: ambulance corps; and for a future site of the Wildwood Crest public library)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 466-11

(Authorizing 2010-11 UEZ Administration Budget)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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:        February 23, 2011

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX