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Minutes of Commissioners Meeting   -   July 20, 2011

Note:  Complete Meeting Appears on CD #16-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office July 20, 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.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1130

BOND ORDINANCE APPROPRIATING $1,490,000 AND AUTHORIZING THE ISSUANCE OF $1,418,800 BONDS OR NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1130 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 10, 2011 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1131

AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY THE BOROUGH OF WILDWOOD CREST FROM THE BOARD OF EDUCATION OF WILDWOOD CREST

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1131 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 10, 2011 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 573-11

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 4-FINAL.

                              FERN ROAD PARK BANDSTAND

 

 

WHEREAS, MJJ Construction, LLC of Atco, New Jersey has satisfactorily completed the contract for the project known as Construction of Fern Road Park Bandstand; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were implemented as indicated on Change Order Number 1 – FINAL, increasing the contract amount by $3,371.00; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 4 – 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, increasing the total contract amount to $322,071.00 and Estimate Certificate Number 4 – 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 MJJ Construction, LLC be made thereon.

 

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. 574-11

SUBJECT:          A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT AGREEMENT TIME EXTENSION TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE RAMBLER ROAD PARK BIKEWAY PROJECT

 

 

               WHEREAS, the New Jersey Department of Transportation has previously awarded the Borough of Wildwood Crest a bikeway grant in the amount of $250,000 for the project known as Rambler Road Park Bikeway Improvements; and

 

               WHEREAS, the agreement for said grant requires award of a construction contract by August 16, 2011; and

 

WHEREAS, the Borough of Wildwood Crest previously filed a NJDEP CAFRA IP application last year as required by NJDEP for the proposed bikeway and site improvements included in the Rambler Road Park Bikeway Improvements project and the Borough is still awaiting receipt of the CAFRA IP permit; and

 

WHEREAS, the Borough of Wildwood Crest is hereby requesting a six (6) month time extension of the agreement with NJDOT from August 16, 2011 to February 16, 2012 to award a construction 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 said Resolution authorizing the submission to NJDOT of a request for a six (6) month extension from August 16, 2011 to February 16, 2012 to award a construction contract for the Rambler Road Park Bikeway Improvements project be and the same is hereby authorized for submission to the NJDOT.

 

               BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized, instructed and empowered to execute and attest the agreements and sign all other documents as required or necessary.

 

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. 575-11

A RESOLUTION ADOPTING THE CASH MANAGEMENT

PLAN OF THE BOROUGH OF WILDWOOD CREST

 

 

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:5-14, the Borough of Wildwood Crest shall adopt a Cash Management Plan and shall deposit its funds in accordance with the provisions of said Plan; and

 

WHEREAS, the Cash Management Plan shall include the designation of a depository or depositories as provided in Section 4 of P.L. 1970, c.236; and

 

WHEREAS, the Cash Management Plan shall be designed to assure to the extent practicable the investment of local funds in interest bearing accounts and may be modified from time to time in order to reflect changes in federal or state law or regulations; and

 

WHEREAS, the Cash Management Plan shall be subject to the annual audit conducted pursuant to N.J.S.A. 40A:5-4.

 

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

 

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

2.     The Cash Management Plan for the Borough of Wildwood Crest be and is hereby adopted.

3.     A copy of the Cash Management Plan be and is attached hereto and made a part hereof.

 

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. 576-11

 

WHEREAS, the Wildwood Crest Volunteer Fire Company No. 1 made application on July 8, 2011 for a Raffles License under Application No. RA-97; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to issue a Certificate of Approval under Application No. RA-97 to Wildwood Crest Volunteer Fire Company No. 1 for holding of said Raffle;

 

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 Board issue to the Wildwood Crest Volunteer Fire Company No. 1 a Certificate of Findings and Determination to be signed by the proper officer of said Board of Commissioners under Application No. RA-97 made by said Wildwood Crest Volunteer Fire Company No. 1; and

 

         2. That the Deputy Municipal Clerk of the Borough of Wildwood Crest be, and she is hereby authorized, empowered and directed to cause the proper Raffle License to be issued to the Wildwood Crest Volunteer Fire Company No. 1 in accordance with the application made therefor.

 

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. 577-11

 

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associates therewith 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, 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, 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 RALPH PETRELLA, P.E., of the firm of Van Note-Harvey Associates, 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, as well as the governing body setting sufficient funds in the 2012 Municipal Budget, 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 Engineer 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.

 

         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 READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 578-11

 

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH AUDITOR, to be retained by the Borough for the performance of auditing/accounting work and related duties associates therewith 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, 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; and

 

         WHEREAS, Glen Ortman, RMA, of the firm of Ford Scott Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Glen Ortman, RMA, and the firm of Ford Scott Associates, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing July 20, 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 Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with GLEN ORTMAN, R.M.A., of the firm of Ford Scott Associates, LLC, 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, as well as the governing body setting sufficient funds in the 2012 Municipal Budget, in accordance with the proposal dated July 14, 2011 attached hereto, at a not to exceed amount of $33,500.00, 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 Auditor 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.

 

         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. 579-11

 

WHEREAS, on July 11, 2011 ,  CARMEN ZIZZA , 207 W. Charleston Ave., Wildwood Crest, NJ , 08260 , applied for a Special Events Permit for the purpose of a BLOCK PARTY   to be held on July 30, 2011 ,  from 5:00 p.m. to 8:00 p.m., at West Charleston Ave. ; and

                                                                                                                                               

WHEREAS, CARMEN ZIZZA, 207 W. Charleston 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 CARMEN ZIZZA, 207 W. Charleston Ave., Wildwood Crest, NJ, 08260 for the purpose of a BLOCK PARTY to be held on July 30, 2011 , from 5:00 p.m. to 8:00 p.m., at West Charleston 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. 580-11

 

RESOLUTION AUTHORIZING THE TAX COLLECTOR TO

 EXTEND 2011 THIRD QUARTER TAX GRACE PERIOD

 

               WHEREAS, N.J.S.A. 54:4-66.03, requires the Tax Collector to allow twenty-five (25) days between the mailing of the tax bills and the first day interest can be charged. 

 

               WHEREAS, the Tax Bill Statement of State Aid for the Borough of Wildwood Crest has been delayed by the State of New Jersey , causing the date the Tax Collector can charge interest to exceed the normal ten (10) day grace period. 

 

               WHEREAS, in order to comply with N.J.S.A. 54:4-66.03 the Tax Collector has determined no interest should be charged on the 2011 third quarter tax bills until

August 24, 2011, with interest accruing back to August 1, 2011.

 

               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 grace period for the 2011 third quarter tax bills be extended until Tuesday, August 23, 2011.

 

Prior to a motion and vote, the Clerk explained that the State of New Jersey has not timely provided State Aid numbers and consequently, the County of Cape May is incapable of striking a tax rate.

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. 581-11

 

Authorizing the Application for and the Execution of

a Subcontract with the County of Cape May for

the Municipal Alliance Program

 

WHEREAS, pursuant to P.L. 1989, Ch. 51, the Municipal Alliance Program has been made available to each county in order to increase drug and alcohol prevention services; and

 

WHEREAS, the Borough of Wildwood Crest has agreed to join the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM to organize and coordinate efforts involving schools, law enforcement, business, local organizations and the community for the purpose of reducing alcoholism and drug abuse; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM consisting of the City of North Wildwood, City of Wildwood, Borough of West Wildwood and Borough of Wildwood Crest will continue to work toward the development and implementation of community based alcoholism and drug abuse education, awareness, alternative and prevention programs; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM will submit an application to conduct prevention activities during the subcontract period.

 

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 the Borough of Wildwood Crest hereby authorizes and designates the City of North Wildwood, as Lead Municipality for the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM, to submit an application for the 2012 DEDR Grant Funds, and, if approved, to execute on behalf of the City of North Wildwood, City of Wildwood, Borough of West Wildwood, and Borough of Wildwood Crest, a contract between the County of Cape May and the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM; the Contract (Subcontract) period to be from January 1, 2012 to December 31, 2012.

 

BE IT FURTHER RESOLVED that the Chief Financial Officer of the City of North Wildwood is hereby authorized and directed to execute the section of the Subcontract entitled “Statement of Assurances.”

 

BE IT FURTHER RESOLVED that the total amount of the Contract shall be $46,744; consisting of a county allocation of $23,372; a local in-kind match of $17,529; and a total local cash match of $5,843 with the Borough of Wildwood Crest portion being $1,710.

 

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. 582-11

 

WHEREAS, on July 18, 2011 , GWTIDA , 4501 Boardwalk , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a 5 MINUTE BALL HANDLING SHOW to be held on July 30, 2011 at 5:00 p.m. at Centennial Park and a BASKETBALL CAMP   to be held on July 31, 2011 , from 7:30 p.m. to 8:30 p.m., at Scoop Taylor Park to promote the GLOBETROTTERS. ; and

                                                                                                                                               

WHEREAS, CARMEN ZIZZA, 207 W. Charleston 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 CARMEN ZIZZA, 207 W. Charleston Ave., Wildwood Crest, NJ, 08260 for the purpose of a BLOCK PARTY to be held on July 30, 2011, from 5:00 p.m. to 8:00 p.m., at West Charleston 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. 583-11

 

WHEREAS, on July 18, 2011 , MARIA FISHER & DONALD TANEY , 27 Silver Birch Ln. , Levittown, PA 19055 , applied for a Special Events Permit for the purpose of WEDDING   to be held on July 26, 2011 ,  at 12:00 p.m., at the Sunset Lake Gazebo. ; and

                                                                                                                                               

WHEREAS, CARMEN ZIZZA, 207 W. Charleston Ave., Wildwood Crest, NJ, 08260 have 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 CARMEN ZIZZA, 207 W. Charleston Ave., Wildwood Crest, NJ, 08260 for the purpose of a BLOCK PARTY to be held on July 30, 2011, from 5:00 p.m. to 8:00 p.m., at West Charleston 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. 584

 

WHEREAS, N.J.S.A. 40A:4-46 provides that the governing body of a municipality may, by resolution adopted by a two-thirds vote of the full membership thereof, make emergency appropriations for any purpose(s) for which inadequate appropriations exist in the municipal budget; and

 

WHEREAS, the Borough Engineer of the Borough of Wildwood Crest has provided an opinion that a condition presently exists at various bayside bulkheads which is a threat to the health, safety and welfare of the public and such condition should be immediately eradicated, and there currently exists no adequate appropriation in the CY 2011 Municipal Budget to eradicate said threat; and

 

WHEREAS, the total amount of emergency appropriations created in 2011, including the appropriation to be created by this Resolution, is Fifty Thousand ($50,000.00) Dollars, and three (3%) percent of the total operating appropriations in the budget for 2010 is Four Hundred Sixty Nine Thousand Nine Hundred Ten ($469,910.00) Dollars.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-46, an emergency appropriation be and the same is hereby established as follows:

 

1.            To fund Emergency Bulkhead Repairs within the Borough of Wildwood Crest In an amount not to exceed Fifty Thousand ($50,000.00) dollars.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.            Said emergency appropriation shall be funded in the 2012 Municipal Budget.

 

3.            The “Statement of Emergency” to be certified by the Chief Financial Officer will be filed with the Borough Clerk and a copy thereof shall be transmitted to the Director of the Division of Local Government Services.

 

4.            Two (2) certified copies of this Resolution shall be filed with 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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized and submitted and which appear in full on the following page, be paid.

Prior to the vote, the Clerk stated that he has spoken to the Engineer who acknowledged that certain back-up information had not been provided in their bill with respect to architectural services rendered in conjunction with the Crest Pier Roof Project and, on this basis, the Clerk indicated that the Engineer’s bill would be “excepted out” of the bill list to 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 June 30, 2011 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 June 16, 2011, June 22, 2011 and July 6, 2011, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Borough Memorial Bench Policy, the Clerk reported that he had provided copies to each of the Commissioners, as supplied by Commissioner Cabrera, of the proposed Memorial Bench Policy. Mrs. Gould stated that one of the locations for Memorial Benches in the proposal was Sunset Lake . She indicated that all benches at Sunset Lake have been taken. Mr. Cabrera responded that the Borough will continue to permit Memorial Benches at Sunset Lake, and when the current benches require replacement for safety reasons, they will be replaced with the new style bench, with the former “owner” of the old bench being responsible for payment of the new one. Mrs. Gould indicated her opinion that Memorial Benches should be permitted at Centennial Park . Mr. Cabrera responded that the style of the benches is one that makes it cost prohibitive. The question was asked whether the plan would be converted to an ordinance. The Clerk responded that it would be after the plan is finalized.

 

The suggestion was made that rather than listing permitted and prohibited locations, the ordinance should include only those sites where Memorial Benches are permitted and note that all other locations are prohibited. Additionally, a time limit should be placed on the benches, i.e., who is responsible after the original bench is no longer useful or safe, as well as who would be responsible for any damage to the benches. The question was asked whether a “location” would be given to a person in perpetuity. Mrs. Gould stated her opinion that a written policy should be made that the bench would have the plaque on it for a limited number of years.

 

It was decided that Mr. Cabrera would rewrite his draft taking into consideration the comments made.

 

Concerning a possible move of May Commission elections, every four years, to the November General Election, the Clerk reported that there have been discussions between himself, the Solicitor, and one of the Commissioners. He indicated that he had been advised that the direction to be taken would be drafting of an ordinance after a special meeting for the exclusive purpose of attendance by residents to voice their opinions. It was suggested that the public be invited to attend both regularly scheduled meetings in October to voice their opinions on the matter. The Clerk indicated he would have a press release issued on the topic, as well as a notice posted on the website to alert interested residents.

 

The next matter for discussion was the Cresse Avenue Storm Drain Project. The Engineer reported that the grant application was being completed.

 

With regard to the Dune Maintenance Bid Process, the Clerk indicated that there had been several issues with the project. The Engineer reported that earlier in the spring the Borough had attempted to draft a new bid process and obtained three quotes. One was substantially lower than the others, but all were above the bid threshold. He indicated that there is the possibility of removing some scopes of the project and letting public works handle those over the winter. He added that public works did a good job with the work they had done in the spring. Mr. Cabrera interjected that the Borough was looking to bid the work out because time ran out for the beginning of the season, but if the work was to be done over the winter, public works could do the work.

 

In conjunction with this discussion, the matter of bid threshold was raised. Since the Borough does not have a named QPA, the bid threshold is lower. With a QPA, the bid threshold would be higher and problems of this nature may be avoided. The suggestion was made to look at the matter of naming a QPA in the near future.

 

The Clerk reported that he had circulated a proposed draft of an e-mail policy to the governing body as well as the Solicitor. He added that he had also provided his thoughts and opinions. He asked that the governing body review the matter and be prepared to formalize a policy in the near future. It was suggested that the responses be provided to the Clerk within a two week period.

 

The next matter for discussion was the matter of “public access” as mandated by the State of New Jersey . Mr. Groon reported that he had met with representatives of NJDEP, along with several other Cape May County mayors. He reported that DEP is very serious about the matter, and a public access program will be required. The Clerk interjected that, as opposed to other municipalities, Wildwood Crest has “outstanding” access points for the public for utilization of the beach. Mr. Groon stated the DEP is getting “a little more aggressive” and want all points of access listed, what future goals are, etc. They are also interested in access on the west side. He stressed that the plan must be in writing, similar to a master plan review process. He further indicated that the Planning Board would be commencing the master plan process in the near future, and he suggested that the “public access plan” be included in that review process, and asked the governing body for their approval to do so. The governing body concurred.

 

The Clerk reported that the Borough had received notification from Triad Associates that there is a substantial amount of money remaining in the Community Development Block Grant Program for the rehabilitation of properties (low and moderate income). The loans are interest free, and some of the money is treated as a grant and is not required to be paid back until the property is sold or transferred. The contact information is available in Borough Hall.

 

Bill Hoeger, 8002 Atlantic Avenue , inquired if an ordinance had been passed regarding the number of water craft that can be stored over the winter on residential property. He was advised that no such ordinance had been adopted. He indicated that during the past winter there was a property on Atlantic Avenue that had twenty-two water crafts stored on the property, and Code Enforcement was unable to do anything about it since there is no ordinance. Mr. Cabrera stated that there had been some discussion. Mr. Groon advised him that the matter would be reviewed.

 

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:        August 24, 2011

Kevin M. Yecco, Borough Clerk

 

 

MINUTES OF MEETINGS INDEX