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Minutes of Commissioners Meeting   -   August 10, 2011

Note:  Complete Meeting Appears on CD #17-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 10, 2011
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County , New Jersey , was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 29, 2010.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1130 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. 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 a public hearing be held on Ordinance No. 1130.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1130 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1130 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. 1131 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. 1131

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1131.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1131 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1131 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. 585-11

SUBJECT: A RESOLUTION AUTHORIZING COMPLIANCE WITH P. L. 2011, C. 78, REGARDING PENSION AND HEALTH BENEFIT REFORMS.

 

WHEREAS, Public Law 2011, Chapter 78, regarding pension and health benefit reforms for public employees, became effective June 28, 2011; and

 

WHEREAS, P. L. 2011, Chapter 78 requires implementation of increased public employee pension contributions, from 8.5% to 10% for members of the Police and Fire Retirement System and from 5.5% to 6.5% for members of the Public Employee Retirement System, effective October 1, 2011; and

 

WHEREAS, the aforesaid law did further require continuation of the payment of 1.5% of pensionable salary for employees currently under a collective bargaining agreement or such additional contributions as authorized therein; and

 

WHEREAS, all unrepresented employees, not otherwise covered by an existing bargained union agreement, shall be required to contribute the higher amount of either 1.5% of pensionable salary, unless a higher percentage has been previously authorized, or the applicable year 1 phase-in percentage of pensionable salary based upon the duly established (and herewith attached) “Appendix A”; and

 

WHEREAS, all employees hired on or after June 28, 2011 shall be required to immediately contribute Year 4 health insurance contributions based upon both starting salary and coverage level selected as set forth in Appendix A; and

 

WHEREAS,  P. L. 2011, Chapter 78 permits implementation of health benefit contributions as contained herein above “as soon as feasible or practical”, as determined by each local governing body; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it will be most feasible and practical administratively to implement both pension and health benefit reforms at precisely the same time - with the pay period ending October 7, 2011.

 

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

 

               1.   The Allegations of the Preamble hereto are incorporated herein, by reference,  as if set forth in full.

               2.  The Pension and Health Benefit Reforms, as set forth herein above and further contained in the attached Appendix A, shall be implemented with the pay period ending October 7, 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. 586-11

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts, and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2010 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

 

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

and

 

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

as evidenced by the group affidavit form of the governing body; and

 

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five (45) days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and

 

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

R.S. 52:27BB-52 – “A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand ($1,000.00) dollars or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby states that it has complied with the promulgations of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to demonstrate evidence of said compliance.

 

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. 587-11

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest did adopt Resolution No. 578-11 on July 20, 2011 awarding a Professional Services Contract to Glen Ortman, RMA, of the firm of Ford Scott Associates, LLC; and

 

         WHEREAS, there was a typographical error contained in said Resolution No. 578-11 which substantially changed the content of said Resolution; and

 

         WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to rescind Resolution No. 578-11 adopted July 20, 2011, and to re-award said Professional Services Contract; and

 

         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 Resolution No. 578-11 adopted on July 20, 2011 be and the same is hereby rescinded.

 

         3.  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.

 

         4.  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.

 

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

 

         6.  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. 588-11

 

WHEREAS, there exists the need for the “Professional Services” of an attorney, to be retained by the Borough as a MUNICIPAL PROSECUTOR, for the performance of prosecutorial duties and related (required) work in the Wildwood Crest Municipal Court; 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, RANDOLPH LAFFERTY, Esquire, of the law firm of Youngblood, Lafferty, & Sampoli has completed and submitted a Business Entity Disclosure Certification which certifies that  Randolph Lafferty, and Youngblood, Lafferty, & Sampoli, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing August 10, 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 RANDOLPH LAFFERTY, ESQ., of the law firm of Youngblood, Lafferty, & Youngblood, who shall be compensated by voucher on the basis of a “not to exceed amount of $18,000 annually,” contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as upon the governing body appropriating 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 Municipal Prosecutor 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. 589-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, in accordance with the provisions of P.L. 1992, Chapter 165, Section 20, paragraph c, which specifically provides for the appointment of members of the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS, that ARLIEEN FRANCO, 508 East Stanton Road, Wildwood Crest, New Jersey, be and she is hereby re-appointed from the “business” sector to membership on the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS for a term of four (4) years; said term commencing effective August 15, 2011 and expiring August 14, 2015.

 

BE IT FURTHER RESOLVED that the foregoing appointment constitutes one of the three appointments the Borough of Wildwood Crest is entitled to make to the aforesaid Authority, based upon the provisions of the above referenced public law, otherwise known as the “Tourism Improvement and Development District Act.”

 

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. 590-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, in accordance with the provisions of P.L. 1992, Chapter 165, Section 20, paragraph c, which specifically provides for the appointment of members of the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS, that JACK MOREY, Palm Road and the Beach, Wildwood Crest, New Jersey, be and he is hereby appointed from the “business” sector to membership on the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS for a term of four (4) years; said term commencing effective August 15, 2011 and expiring August 14, 2015.

 

BE IT FURTHER RESOLVED that the foregoing appointment constitutes one of the three appointments the Borough of Wildwood Crest is entitled to make to the aforesaid Authority, based upon the provisions of the above referenced public law, otherwise known as the “Tourism Improvement and Development District Act.”

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the foregoing two resolutions, it was suggested that the GWTIDA representatives be requested to discuss where GWTIDA is headed and to exchange ideas between them and the governing body.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 591-11

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

 

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

 

WHEREAS, the Borough wishes to evidence an Agreement with the attached referenced State Contract Vendor, which Agreement shall be subject to all the conditions applicable to the current State Contract.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that this Resolution shall constitute an Agreement between the Borough and the attached referenced State Contract Vendor, subject to all conditions applicable to the current State Contract.

 

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

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2011 or upon expiration of a listed vendor’s State Contract (Attachment A), whichever event first occurs.


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. 592-11

WHEREAS, MPK ASSOCIATES, 524 White Horse Pike, Audubon, New Jersey 08108, posted a Performance Bond (#B1046188) for property located at Hollywood and Topeka Avenues, a/k/a Block 153.02, Lot 1, in the Borough of Wildwood Crest; and

 

WHEREAS, the Borough Engineer has authorized the release of said guarantee as it relates to the site improvements at Hollywood and Topeka Avenues, a/k/a Block 153.02, Lot 1.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , that the Performance Bond (#B1046188) posted for site improvements at Hollywood and Topeka Avenues, a/k/a Block 153.02, Lot 1, is hereby released.

 

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. 593-11

WHEREAS, on July 27, 2011 , ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN , 735 N. Bucknell St. , Philadelphia, PA 19130 , applied for a Special Events Permit for the purpose of a LEMONADE STAND FUND RAISER   to be held on August 13, 2011 , from 7:30 a.m. until noon, at the location 10 feet east of the Bike Path, north of Rambler Rd. ; and

                                                                                                                                                     

WHEREAS, ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 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 ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 for the purpose of a LEMONADE STAND FUND RAISER to be held on August 13, 2011 , from 7:30 a.m. until noon, at the location 10 feet east of the Bike Path, north of Rambler Rd.

 

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. 594-11

WHEREAS, on July 13, 2011 ,  MRS. SHERRIE MOORE , 7507 New Jersey Ave. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a VOW RENEWAL CEREMONY   to be held on August 20, 2011 ,  from 12:00 p.m. to 3:30 p.m., at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS, ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 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 ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 for the purpose of a LEMONADE STAND FUND RAISER to be held on August 13, 2011, from 12:00 p.m. to 3:30 p.m., north of Rambler Rd.

 

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. 595-11

WHEREAS, on July 27, 2011 ,  WALTER SYZONENKO/ LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd , Randolph, NJ 07869 , applied for a Special Events Permit for the purpose of a VOLLEYBALL TOURNAMENT   to be held on Friday, August 26, 2011 with a rain date of Saturday, August 27, 2011 ,  from 9:00 a.m. to 4:00 p.m., on the beach between Crocus Rd. and Aster Rd. ; and

                                                                                                                                               

WHEREAS, ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 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 ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 for the purpose of a LEMONADE STAND FUND RAISER to be held on August 13, 2011, from 9:00 a.m. to 4:00 p.m. north of Rambler Rd.  Permit issuance is contingent upon a meeting and final approval of the Wildwood Crest Police Chief and  Chief of the Beach Patrol.

 

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. 596-11

WHEREAS, on July 18, 2011 ,  MARK CILIANO/CHRYSLER OWNERS GROUP , 7 Lord Place , Old Saybrook, CT 06475 , applied for a Special Events Permit for the purpose of a CAR SHOW, "WILD THANG 11",   to be held on September 30, 2011 and October 1, 2011 ,  from 6:00 p.m. to 8:00 p.m., on Forget-Me-Not Rd. between Ocean Ave. and Atlantic Ave. ; and

                                                                                                                                               

WHEREAS, ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 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 ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 for the purpose of a LEMONADE STAND FUND RAISER to be held on August 13, 2011, from 12:00 p.m. to 3:30 p.m., north of Rambler Rd.

 

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. 597-11

WHEREAS, on July 18, 2011 ,  MARK CILIANO & KATHIE CHRISTY , 7 Lord Place , Old Saybrook, CT  06475 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 1, 2011 ,  from 6:00 p.m. to 6:30 p.m., at Centennial Park. ; and

                                                                                                                                               

WHEREAS, ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 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 ALEX'S LEMONADE STAND FOUNDATION/KEVIN GROSS, CHAIRMAN, 735 N. Bucknell St., Philadelphia, PA 19130 for the purpose of a LEMONADE STAND FUND RAISER to be held on August 13, 2011, from 12:00 p.m. to 3:30 p.m., north of Rambler Rd.

 

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. 598-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of August 17, 2011.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, August 30, 2011 AT 2:00 P.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

RECONSTRUCTION OF HEATHER ROAD -

NEW JERSEY AVENUE TO ATLANTIC AVENUE

 

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 which appear in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-yes

 

The discussion regarding the Ranalli Property would be held in closed session, as an authorized topic (potential acquisition of property) within the parameters of the Open Public Meetings Act.

 

 

 

Commissioner Cabrera advised that the movement forward of the Boardwalk/bike path connector project rests with the City of Wildwood , where the substantial portion of the project is situated.

 

The Engineer indicated that movement of the Phase 2 Rambler Rd. Park Project should now progress as the NJDEP should be approving the Borough’s CAFRA permit within the next ten days.  The Engineer also advised that Mark Blauer was readying the CDBG application for the Cresse Avenue Storm Drain Project, in the amount of $400,000.

 

The Solicitor advised that she was in the process of developing a borough-wide email policy, which involves interaction with members of the governing body electronically.

 

The Clerk/Administrator reviewed the Completed Best Practices Checklist, as prepared by both he and the CFO, with the governing body at this time.  He advised that the Borough has fared very well in compliance with the Best Practices requirements; that the Borough has answered 46 out of 50 questions affirmatively and that this result shall result in no loss of annual state aid as a consequence thereof.

 

The Clerk/Administrator indicated, based upon prior authorization by the governing body – for gas and after presenting information from the SJ Power Cooperative for electric that further action is now needed to directly involve the Borough in the new bid process.  Each commissioner unanimously agreed to continue the Borough’s involvement in the SJ Power Cooperative for electric services, in addition to gas.

 

With respect to employee/retiree health insurance, the Clerk/Administrator advised that he, the Commissioner of Revenue & Finance, and Health Benefits Coordinator have met with the Borough’s Health Insurance Broker to explore potential savings by considering alternative coverages – stand alone Blue Cross/Blue Shield and potential membership in the Coastal HIF.  He stated further that Commissioner Gould has authorized the expenditure of approximately $2,000 to purchase our claim history from NJSHBP to have the analysis performed so that quotes may be provided.

 

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

RESOLUTION NO. 599-11

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:

 

_____(1)   Matters Required by Law to be Confidential:  Any matter which, by express provision of Federal Law or State Statute or rule of court shall be rendered confidential or excluded from the provisions of the Open Public Meetings Act.

 

_____(2)  Matters Where the Release of Information Would Impair the Right to Receive Funds:  Any matter in which the release of information would impair, restrict, or otherwise adversely affect a right to receive funds from the Government of the United States and/or the State of New Jersey.

 

_____(3)  Matters Involving Individual Privacy:  Any material, the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, medical, health, custodian, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.

 

_____(4)  Matters Relating to Collective Bargaining Agreements:  Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement including the negotiation of the terms and conditions thereof with employees or representatives or employees of the public body.

 

__X___(5)  Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds:  Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

 

 

_____(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.

 

_____(8)  Matters Relating to the Employment Relationship:  Any matter involving the employment, appointment, termination or employment, evaluation of the performance or promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting.

 

_____(9)  Matters Relating to the Potential Imposition of a Penalty:  Any deliberations of a public body occurring after a public hearing or public portion of a meeting that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party.

 

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. 600-11

 

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:        August 24, 2011

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX