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Minutes of Commissioners Meeting   -   May 25, 2011

Note:  Complete Meeting Appears on CD #11-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office May 25, 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 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.

 

Prior to the commencement of the regular meeting, representatives of CLEA (Commission for Accreditation of Law Enforcement Agencies) presented the Borough of Wildwood Crest Police Department with a Certificate of Accreditation, one of only 197 police departments in the State of New Jersey to be so accredited. Chief Thomas DePaul accepted the Certificate on behalf of the Borough of Wildwood Crest Police Department, and thanked the members of his staff for their hard work, particularly Det. Denise Holt. It was noted that the Wildwood Crest Police Department received one of the highest ratings an agency can receive.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1127

ORDINANCE PROVIDING FOR ASSISTANCE TO THE COUNTY OF CAPE MAY, NEW JERSEY, IN ESTABLISHING A FREE PUBLIC LIBRARY IN THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY , AND MAKING AN APPROPRIATION OF $50,000 THEREFOR FROM MONIES AVAILABLE IN CAPITAL FUND BALANCE OF THE BOROUGH.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1127 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 8, 2011 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1128

BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE MUNICIPAL BUILDING KNOWN AS CREST PIER RECREATION CENTER, IN AND BY THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $1,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,428,500 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SAID IMPROVEMENTS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1128 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 8, 2011 at 9:30 a.m.

Vote:           Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 538-11

WHEREAS, the Borough of Wildwood Crest has provided health insurance benefits for the members of the Wildwood Crest Volunteer Fire Company No. 1, and dependents, since the 1960s; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to continue to assist said members with health insurance benefits to the extent authorized below, as well as the authorizations, limitations and conditions set forth in Borough Ordinance No. 1087;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that, in accordance with the provisions of   Borough of Wildwood Crest Ordinance No. 1087 adopted January 27, 2010, the Borough of Wildwood Crest shall continue to assist the Wildwood Crest Volunteer Fire Company No. 1 in the maintenance of a group health insurance policy for active members of said Company to the limits imposed by the aforesaid Ordinance, as well as the Horizon Blue Cross Blue Shield New Jersey Direct Access Plan C 100/70 (POS), or equivalent; and

 

BE IT FURTHER RESOLVED that financial assistance from the Borough of Wildwood Crest, for which all enrollments in said program are hereby established, is conclusively predicated upon conditions as follows:

 

               A.           Commencing June 1, 2011, existing active members shall be enrolled in Horizon Blue Cross Blue Shield New Jersey Direct Access Plan C 100/70 (POS), or thereafter in an equivalent plan only as renewal options avail themselves.

 

               B.           The Wildwood Crest Volunteer Fire Company No. 1 shall submit to the Borough of Wildwood Crest, on a monthly basis, itemized statements of premiums paid on behalf of its members, as well as authorized dependents.

 

               C.           The Borough of Wildwood Crest shall reimburse the Wildwood Crest Volunteer Fire Company, on a monthly basis, and in accordance with the provisions of Ordinance No. 1087, the premiums paid on behalf of its members, along with authorized dependents provided the itemized bill paid from the previous month is timely submitted to the extent necessary to enable reimbursement.

 

               D.           The Wildwood Crest Volunteer Fire Company No. 1 shall submit to the Borough of Wildwood Crest, on a quarterly basis, a roster of all participating members.

 

               E.            The provisions set forth above shall remain in full force and effect until further notice, unless altered by the determination of the governing body of the Borough of Wildwood Crest.

 

               F.            By executing below, representatives of the Wildwood Crest Volunteer Fire Company No. 1 have acknowledged acceptance of the terms herein set forth, as well as receipt of a copy of this Resolution.

 

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. 539-11

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, to apply to the Greater Wildwoods Tourism Improvement and Development Authority (GWTIDA) for funding for various Borough-sponsored events in 2011;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Commissioner of Public Works and Property be, and he is hereby authorized to execute and submit to GWTIDA Funding of Events Applications for four (4) Borough-sponsored events as follows:

 

Name of Event                                  Date of Event                                    Amount to be Requested

 

5K Beach Run                                   August 6, 2011   $                                                  3,000.00

 

Seafarers Celebration                      September 24, 2011                                            13,500.00

 

July 4th Weekend

Freedom Festival                              July 2-July 4, 2011                                                3,000.00

 

Monster Truck Expo                        September 30, 2011                                              1,500.00

 

BE IT FURTHER RESOLVED that the Commissioner of Public Works and Property and the Borough Clerk be and they are hereby authorized to execute any and all agreements with GWTIDA designating the Borough of Wildwood Crest as “Promoter” on behalf of GWTIDA for the above referenced events.

 

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. 540-11

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $21,000.00 from the Greater Wildwood Tourism Improvement and Development Authority, and wishes to amend its 2011 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2011 in the sum of                                                                        $         21,000.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

Greater Wildwood Tourism Improvement and

Development Authority: Summer Events Grant       $21,000.00

 

BE IT FURTHER RESOLVED that a like sum of               $                                                                               21,000.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(a)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

Greater Wildwood Tourism Improvement and

Development Authority: Summer Events Grant

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government Services.

 

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. 541-11

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 6-FINAL.

                              BEACH FRONT FITNESS PARK

 

 

WHEREAS, Albrecht & Heun, Inc. of Cape May Court House, New Jersey has satisfactorily completed the contract for the project known as Beach Front Fitness Park; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $11,068.14; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 6 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

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 said Change Order Number 1 – FINAL, decreasing the total contract amount to $435,031.86 and Estimate Certificate Number 6 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Albrecht & Heun, Inc. be made thereon.

 

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. 542-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that the Borough of Wildwood Crest is hereby authorized to execute an agreement with Gold Type Business Machine, Inc. (GTBM), a New Jersey corporation with offices at 351 Patterson Avenue, East Rutherford, New Jersey, 07073, to provide e-ticketing turnkey system subject to the following conditions:

                              1.            A revised contract being submitted to the Borough by GTBM, Inc. for a specified fee of $3.09 per ticket for contracted tickets, and a specified fee of $2.68 per ticket above contracted price for the first year, with quarterly billing based on committed tickets of 3,687 per year.  If the agreement is a two-year agreement, the prices will change to $3.03 and $1.94, respectively; for a three-year agreement, the prices will change to $3.00 and $1.89, respectively; for a four-year agreement, the prices will change to $2.97 and $1.84, respectively, and for a five-year agreement, the prices will change to $2.84 and $1.76, respectively.  This shall include all services in the originally proposed contract for the term of the contract and quarterly invoices shall be based upon the ticket commitment of 3,687 tickets per year.  The fourth quarter invoice shall be adjusted upward if the number of committed tickets issued is greater than the number of committed tickets or reduced if the number of tickets issued is less than the number of tickets committed.  There is no advance funding for reduced fee or prepaid equipment being calculated in the fee per ticket prices listed above.

                              2.            If the revised contract is a multi-year contract, sufficient sums must be budgeted and appropriated by the governing body for payment in each calendar year of the contract for certification by the Chief Financial Officer.

 

               BE IT FURTHER RESOLVED that the award is contingent upon the governing body  appropriating the required funding for the initial year of the contract – and each year thereafter based upon the committed number of tickets per year at the specified fees listed above per ticket price and as further subject to the provisions of the attached agreement.

 

               BE IT FURTHER RESOLVED that the Commissioner of Revenue and Finance and the Borough Clerk are hereby authorized to execute said revised agreement for the purposes stated above.

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. 543-11

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF CAPE MAY , THE CAPE MAY COUNTY LIBRARY COMMISSION AND THE BOROUGH OF WILDWOOD CREST AND THE APPROPRIATION OF FUNDS FOR ASSISTANCE IN THE ESTABLISHMENT OF A FREE PUBLIC LIBRARY IN THE BOROUGH OF WILDWOOD CREST.

 

 

               WHEREAS, pursuant to N.J.S.A. 40:33-13.2b and N.J.S.A. 40:54-35 and other applicable law, the Borough of Wildwood Crest is authorized to enter into such an assistance agreement, and

               WHEREAS, pursuant to said statutes and other applicable law, the Borough of Wildwood Crest is authorized to appropriate expenditures for the establishment of a free public library in the Borough of Wildwood Crest upon ordinance being duly approved and adopted for same, and

               WHEREAS, the County of Cape May and the Cape May County Library Commission have agreed to acquire land at 6300 Atlantic Avenue in the Borough of Wildwood Crest and to appropriate and fund $1,000,000 for the acquisition thereof, and the Borough of Wildwood Crest has agreed to appropriate and fund $50,000 to be paid to the appropriate entity for the land acquisition.

 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.            The allegations of the preamble hereto are incorporated herein by reference as if fully set forth.

               2.            The Borough of Wildwood Crest agrees to execute an assistance agreement with the County of Cape May and the Cape May County Library Commission for the acquisition of 6300 Atlantic Avenue , Wildwood Crest, New Jersey , for the purpose of establishing a free public library in the Borough of Wildwood Crest.

               3.            The appropriation of funds of $50,000 by the Borough of Wildwood Crest from the capital fund balance is contingent upon the introduction, adoption and effective date of Ordinance No. 1127 of the Borough of Wildwood Crest.

               4.            The Mayor and Borough Clerk be and are hereby authorized and directed to execute and attest any and all documents necessary in this regard including, but not limited to, the assistance agreement which shall be contingent upon approval and adoption of Ordinance No. 1127 of the Borough of Wildwood Crest.

               5.            A certified copy of this Resolution and two copies of the assistance agreement and a copy of proposed Ordinance No. 1127 shall be provided forthwith to County Counsel for the County of Cape May and the Cape May County Library Commission.

 

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. 544-11

WHEREAS, on May 2, 2011, the WILDWOOD CREST DOLPHIN SWIM TEAM, INC., Barry Gehring, Co-President, 200 W. Denver Ave., Wildwood Crest, NJ 08260, applied for a Special Events Permit for the purpose of a SWIM EVENT to be held on September 24, 2011, from 8 a.m. to 1:00 p.m. at Sunset Lake.; and

WHEREAS, the WILDWOOD CREST DOLPHIN SWIM TEAM, INC., Barry Gehring, Co-President, 200 W. Denver Ave., Wildwood Crest, 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 he is hereby authorized and directed to issue a Special Events Permit to the WILDWOOD CREST DOLPHIN SWIM TEAM, INC., Barry Gehring, Co-President, 200 W. Denver Ave., Wildwood Crest, NJ 08260 for the purpose of a SWIM EVENT to be held on September 24, 2011, from 8 a.m. to 1:00 p.m. at Sunset Lake.

 

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. 545-11

WHEREAS, N.J.S.A. 40A:11-36 pertains to the sale or other disposition of personal property by municipalities; and

 

WHEREAS, Section (2) of the aforesaid statute provides that “the contracting unit need not advertise for bids when it makes any such sale to the United States, the State of New Jersey, another contracting unit or to any body politic to which it contributes tax raised funds;” and

 

WHEREAS, the Borough of Wildwood Crest has determined that an existing vehicle in its possession is of little or no value to said Borough and, consequently, desires to transfer title to the vehicle, a 2003 Ford Crown Victoria, VIN 2FAFP71W63X204735, to the Cape May County Police Academy for the total sum of $1.00; and

 

WHEREAS, the Borough of Wildwood Crest has satisfactorily met the conditions prescribed and required by the aforementioned Section (2) of N.J.S.A. 40A:11-36, thus enabling a direct sale for the sum total of One ($1.00) Dollar to be authorized with the Cape May County Police Academy for the vehicle described hereinabove, in that the Borough does contribute tax raised funds to the County of Cape May.

 

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

 

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

 

2.                That in accordance with the provisions of N.J.S.A. 40A:11-36, ownership of one (1) 2003 Ford Crown Victoria, VIN 2FAFP71W63X204735, presently in the possession of the Wildwood Crest Police Department, be and the same is hereby authorized to be sold to the County of Cape May Police Academy for the total sum of One ($1.00) Dollar.

 

3.                That the appropriate officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered, and directed to execute any and all required documents necessary to conclude the sale of the aforesaid 2003 Ford Crown Victoria, said execution to permit the physical transfer of the title to the vehicle as expeditiously as possible.

 

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. 546-11

WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected from the property owner or it's designee an excess amount on 2011 property taxes and/or utility payments; and

WHEREAS, an overpayment was created for the reason listed below, and

WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

Block / Lot Name Amount

108-2 Mirabella, Anthony J & Margaret M $1,404.19

2011 Tax 7210 Pacific Ave

Totally disabled veteran tax exemption granted for 2011.

Refund 2011 taxes paid to property owner.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax Collector should mark the records accordingly to reflect said refund as per the meeting on May 25, 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. 547-11

WHEREAS, on May 17, 2011, STEVEN M. KANE, 38 Dorchester Way, Phoenixville, PA 19460, applied for a Special Events Permit for the purpose of a PARALLEL VANTAGE FILM SHOOT to be held from June 10, 2011 through June 19, 2011, from 9:00 p.m. to 5:00 a.m. on the Beach at Atlanta Ave.; and

WHEREAS, STEVEN M. KANE, 38 Dorchester Way, Phoenixville, PA 19460 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 STEVEN M. KANE, 38 Dorchester Way, Phoenixville, PA 19460 for the purpose of a PARALLEL VANTAGE FILM SHOOT to be held from June 10, 2011 through June 19, 2011, from 9:00 p.m. to 5:00 a.m. on the Beach at Atlanta Ave.

 

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. 548-11

WHEREAS, Mayor Carl H. Groon has determined to re-appoint ROBERT CASHIOLI, Assistant Zoning Officer, as Class II Member of the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the appointment by Mayor Groon of ROBERT CASHIOLI as Class II Member of the Planning Board of the Borough of Wildwood Crest;

 

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

 

               1.            That the appointment of ROBERT CASHIOLI, Assistant Zoning Officer, by Mayor Carl H. Groon as Class II Member of the Planning Board of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified, with the expiration of the term of appointment being May 27, 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. 549-11

RESOLUTION OF BOROUGH OF WILDWOOD CREST

REGARDING THE APPLICATION FOR

NJDOT LOCAL TRANSPORTATION PLANNING ASSISTANCE (LTPA) FOR THE

“WILDWOODS”

 

            WHEREAS, the City of Wildwood, on behalf of the Borough of Wildwood Crest and the City of North Wildwood, submitted an Application to the New Jersey Department of Transportation for Local Transportation Planning Assistance to review traffic and circulation challenges and develop recommendations to improve accessibility to numerous points of interest on the island which relate to economic sustainability for the Wildwoods, Cape May County, and the region, and will support and enhance opportunities to promote tourism; and

            WHEREAS, the New Jersey Department of Transportation, Division of Local Aid and Economic Development, has recommended the Wildwoods Application for acceptance into the LTPA Program.

            NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest accepts with gratitude the assistance to be provided by the New Jersey Department of Transportation through the LTPA Program and hereby offer their complete support for participation in the Program in order to carry out the goals and objectives identified in the Wildwoods LTPA Application.

            BE IT FURTHER RESOLVED that the City of Wildwood will act as Lead Entity for the “Wildwoods” and the City’s Director of Redevelopment and Tourism, Louis Ferrara is hereby designated as the local contact person for the LTPA study.

            BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the New Jersey Department of Transportation, Division of Local Aid and Economic Development.

 

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 and fully contained on the following page, 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 April 30, 2011 be accepted as presented and filed.

Vote:               Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held April 27, 2011 and May 11, 2011, as well as the closed session minutes of April 27, 2011, be approved as presented.

Vote:               Gould-Cabrera-Groon-Yes

 

With regard to the Bayview Drive reconstruction, the Clerk reported that there have been attempts through Lower Township to put them on notice with regard to the Ranalli property as to what the Borough expects to be completed. He added that he had received no response from any officials of the Township of Lower . Mr. Groon added that the Borough had received estimates for doing all of the work and for doing only a portion of the work. He added that there seemed to be a consensus that the work be done in full. He further indicated that the estimate should be incorporated in the 2012 capital plan.

 

Mr. Groon indicated that it was his opinion that the planning and zoning boards be combined. He indicated he had done research and had spoken to members of both boards. He suggested that Mr. Cabrera and Mrs. Gould also speak to the members of those boards. However, in order for the change to be effective on January 1, 2012, the process should be started in the near future. The Clerk reported that he had circulated a sample ordinance from the Borough of Avalon which has a combined board and all information regarding same was contained therein. Mrs. Gould inquired if the combined board would require that the Mayor and another member of the governing body be a member. Mr. Groon responded that the “zoning” board would essentially “disappear” under the new combined board. The Solicitor added that it would still require a second member of the governing body on the board. Mr. Groon went on to state that the board would expand to nine members plus four alternates. Mrs. Gould then inquired how the new board would be chosen. Mr. Groon responded that it would be his intention to ask for the resignations of all members of both boards and then rebuild the board. Mr. Groon reiterated his request that Mrs. Gould and Mr. Cabrera speak to the board members about the proposal and be prepared to finally decide whether to proceed in this direction in the near future.

 

Mrs. Gould asked the Clerk to inquire of The Leader whether they would consider reinstating publication of legal notices. The Clerk indicated he would make that inquiry.

 

Going back to the Bayview Drive matter, the Clerk inquired if the project would require a change order on the West Side Drainage Project. Mr. Groon responded that there is not sufficient money remaining in that project to do a change order, and that was why he was requesting that it be added to the 2012 capital plan.

 

Concerning the Crest Pier Roof Renovations, the Clerk reported that there was the potential for the Borough to do a combined project with Crest Memorial School via a shared services agreement. The combined projects would be bid and the Borough would work in concert with the school. He added that there was a good likelihood that the cost for each entity would be significantly less than if each project was done independently. Mr. Groon added that the project would have to be done quickly since both the Borough and the school are under time constraints for having the projects timely completed. He suggested that bids would be received mid-July with construction to commence in August.

 

With regard to the capital plan, the Clerk indicated that he had circulated a revised plan to the governing body. Mr. Groon stated that the 2012 capital plan will have to be completed as early as possible, and he suggested that at the next staff meeting, the Clerk request all department heads to provide their 2012 capital lists as soon as possible. Mr. Groon also asked the governing body to look at the 2013 capital plan with regard to buildings.

 

Mrs. Gould stated that she had received some calls about memorial benches. She suggested reinstating the program. Mr. Cabrera stated that the reason the program was put on hold was because requests were being made to place memorial benches where benches already exist. In the meantime, the older benches are starting to deteriorate. He suggested formulating a plan and looking into newer types of benches.

 

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

RESOLUTION NO. 550-11

A RESOLUTION PROVIDING FOR A CLOSED SESSION NOT OPEN

TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS

OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT,

N.J.S.A. 10:4-12

 

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that a closed session may be held for certain specified purposes when authorized by Resolution adopted by the governing body; and

 

WHEREAS, it is necessary for the Board of Commissioners of the Borough of Wildwood Crest to discuss in a session not open to the public certain matters relating to the item or items authorized by N.J.S.A. 10:4-12b and designated hereinbelow:

 

__X__(6)  Matters Relating to Public Safety and Property:  Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection.  Any investigations of violations or possible violations of the law.

 

__X__(7)  Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:  Any pending or anticipated litigation or contract negotiation in which the public body is, or may become a party.  Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

 

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting date set forth hereinbelow, that a closed session shall be held on for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

 

 

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. 551-11

         WHEREAS, there exists the need for the “Professional Services” of an ENVIRONMENTAL ATTORNEY, to be retained by the Borough for the performance of legal services and related duties regarding beach accretion as directed by the 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, Richard M. Hluchan, Esquire, of the firm of Hyland Levin, has completed and submitted a Business Entity Disclosure Certification which certifies that Richard M. Hluchan, Esquire, and the firm of Hyland Levin, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing May 25, 2011 to any political committee or candidate through the term of this contract.

 

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

 

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

 

         2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with RICHARD M. HLUCHAN, ESQUIRE, of the firm of Hyland Levin, who shall be compensated by voucher at the agreed upon rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and not to exceed the sum of $8,000.00, 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 Environmental Attorney 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 contact falls within. Said contract is also awarded not in accordance with the open and fair process of the New Jersey Pay-to-Play Law, but all conditions required for the award, based upon the conditions set forth at N.J.S.A. 19:44A-1, et. seq., shall be met in order to permit said award.

 

         4. The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

         5.  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 READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 552-11

Authorizing Retention Via Professional Services Agreement

Of An Environmental Consulting Firm

 

WHEREAS, the Borough of Wildwood Crest again requires the professional services of an Environmental Consulting Firm; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of environmental consulting; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that the firm of LOMAX CONSULTING GROUP is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, LOMAX CONSULTING GROUP has completed and submitted a Business Entity Disclosure Certification which certifies that LOMAX CONSULTING GROUP will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing May 25, 2011 to any political committee or candidate through the term of this contract;

 

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

 

1.                                    LOMAX CONSULTING GROUP is hereby retained as Environmental Consultant to provide specialized professional services in the field of environmental consulting and permitting services, and specifically with regard to the following projects:

 

a.            A special project with Mayor Carl H. Groon regarding beach accretion with State and Federal governments, said project not to exceed the sum of $5,000; and

b.            Dune vegetation maintenance and related beach/environmental issues, said project not to exceed the sum of $9,000.

 

2.                                    The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with LOMAX CONSULTING GROUP for specialized professional services with regard to environmental consulting services, for a term of one (1) year, which contract shall provide for the total not to exceed amount of $14,000.00.

 

3.                                    This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

4.                                    The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

5.                                    This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

6.                                    A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

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. 553-11

Authorizing Retention Via Professional Services Agreement

Of A Coastal Engineer

 

WHEREAS, the Borough of Wildwood Crest again requires the professional services of a Coastal Engineer; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of coastal engineering; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that J. RICHARD WEGGEL, PhD, is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, J. RICHARD WEGGEL, PhD, has completed and submitted a Business Entity Disclosure Certification which certifies that J. RICHARD WEGGEL, PhD, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing May 25, 2011 to any political committee or candidate through the term of this contract;

 

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

 

7.                                    J. RICHARD WEGGEL, PhD, is hereby retained as Coastal Engineer to provide specialized professional services in the field of coastal engineering, and specifically with regard to the following projects:

 

a.            A special project with Mayor Carl H. Groon regarding beach accretion with State and Federal governments; and

b.            Dune vegetation maintenance and related beach/environmental issues.

              

8.                                    The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with J. RICHARD WEGGEL, PhD, for specialized professional services with regard to coastal engineering, for a term of one (1) year, which contract shall provide for the total not to exceed amount of $4,000.00.

 

9.                                    This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

10.                                 The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

11.                                 This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

12.                                 A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, 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: June 22, 2011

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX