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Minutes of Commissioners Meeting   -   August 24, 2011

Note:  Complete Meeting Appears on CD #18-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 24, 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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 601-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Corrective Action Plan  prepared by the CFO, with respect to the CY 2010 Audit, be and the same – as attached hereto and made a part hereof by reference as if fully set forth - is hereby approved with the specific requirements, to ensure greater internal accountability, that daily transmission of revenues from the municipal pool to the Finance Office shall include employees signing as the courier of daily funds and the Finance Office signing for receipt of daily revenues. Moreover, a locked deposit box, with an opening only for the insertion of payments and receipts, the key or combination for which shall be placed in the sole custody of the Recreation Supervisor or, in his absence, the Assistant Recreation Supervisor, recreation department bookkeeper or CFO, shall be utilized at all times for the safekeeping of all monetary transactions received on a daily basis.  A sign-off shall be executed by the recreation supervisory staff member and the courier, if different, to verify the precise contents of the locked deposit box.

 

2010 AUDIT REPORT

CORRECTIVE ACTION PLAN

 

FINDING #1

 

Description:        All revenue collected by employees at the municipal pool was not turned over to the Finance Office, resulting in the Borough of Wildwood Crest losing $1,308.00.

 

Analysis:             Users of the municipal pool must pay a fee in order to be permitted entry into the facility. The Borough sells season passes, but also has rate structures for daily use. Every individual making payment for use of the pool, whether by cash or check, receives a pre-numbered written receipt. These receipts are printed in triplicate format, with the payee receiving one copy, the pool bookkeeper retaining one copy, with the final copy being remitted to the Finance Office with the daily revenues. On three (3) separate days, in CY 2010, neither the Finance Office copy of the receipts nor the revenue for these days was delivered to the CFO.

 

While adequate procedures are in place to enable detection of missing receipts/revenue, all such procedures were not followed. This breakdown in internal controls resulted in the loss of $1,308.00.

 

Corrective Action:            In addition to the controls that had been in place, but not properly adhered to, new controls, including pool employees signing as the courier of daily funds and the Finance Office signing for the receipt of daily revenue transmissions, have been instituted in an attempt to ensure that the integrity of the cash receipting process is maintained. Additionally, a locked deposit box, with an opening only for the insertion of payments and receipts, the key or combination for which shall be placed in the sole custody of the Recreation Supervisor, or, in his absence, the Assistant Recreation Supervisor, recreation department bookkeeper or CFO, shall be utilized at all times for the safekeeping of all monetary transactions received on a daily basis.

 

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. 602-11

WHEREAS, the Borough of Wildwood Crest participates in a Cooperative Purchasing Program with the County of Cape May for the purchase of natural gas; and

 

WHEREAS, the current contract expires on November 30, 2011; and

 

WHEREAS, it is the desire of the governing body of the Borough of Wildwood Crest to continue participation in the Cooperative Purchasing Program with the County of Cape May for the purchase of natural gas; and

 

WHEREAS, the County of Cape May has received bids for the purchase of natural gas for the period December 1, 2011 through November 30, 2014, from Woodruff Energy, 73 Water Street, P.O. Box 777, Bridgeton, New Jersey 08302-0499, at the rate of $0.7000 per dekatherm;

 

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

 

1.      The preamble hereto is incorporated herein as if fully set forth.

2.      The Commissioner of Revenue and Finance and the Borough Clerk are hereby authorized and instructed to execute any and all documents necessary to effectuate an agreement with Woodruff Energy, 73 Water Street, P.O. Box 777, Bridgeton, New Jersey 08302-0499, for the purchase of natural gas at the rate of $0.7000 per dekatherm for the period December 1, 2011 through November 30, 2014.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 603-11

 

WHEREAS, on April 13, 2011, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey adopted Resolution No. 507-11, which Resolution authorized an agreement between the Borough of Wildwood Crest and MWM, INC., M.W. Mitchell, Inc., and Michael Mitchell, Individually, (hereinafter Mitchell) for the purpose of improvements and public access at the Rosemary Road Park, which agreement permitted Mitchell to transfer its public access obligation from 6100 Park Boulevard to Rosemary Road Park; and

 

WHEREAS, the Agreement entered into between the parties specified a completion date for the improvements and public access of August 31, 2011, or, in the alternative, the payment of $20,900.00 to the Borough of Wildwood Crest; and

 

WHEREAS, due to unforeseen circumstances, Mitchell has requested a one month extension for completion of the improvements to September 30, 2011;

 

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.            The preamble hereto is incorporated herein as if set forth in full.

 

               2.            The date for completion of improvements and public access as set forth in the Agreement between the parties be and the same is hereby extended to September 30, 2011.

 

               3.            All terms and conditions as contained in the aforesaid agreement dated April 6, 2011 shall remain in full force and effect.

 

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

Prior to the vote, Mr. Cabrera inquired if this resolution changes the parameters of the prior agreement. The Clerk responded that the only change is to the date of compliance, which is moved from August 31, 2011 to September 30, 2011, and the rest of the agreement remains in full force and effect. Mr. Groon interjected that the work could not be completed because the contractor working on the project had equipment stored in the area.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 604-11

 

CANCELING 2011/2012 PRELIM

TAXES FOR 100% DISABLED VETERAN

 

               WHEREAS, the below listed parcel was previously granted a 100% Totally Disabled Veteran Exemption on 6/27/11 and;

 

               WHEREAS, taxes were cancelled accordingly through the first half of 2011, and;

 

               WHEREAS, taxes have now been determined for the second half of 2011 and the preliminary first half of 2012 and need to be cancelled as well.

 

 

Block / Lot                           Name                                                                               Amount

 

108-2                                   Mirabella, Anthony J & Margaret M                                                  

                                             100% Totally Disabled Veteran Exemption granted in 2011. 

Cancel 2011 Taxes                                                                                                     $4,778.77

Cancel 2012 Preliminary Taxes                                                                                $2,389.39                             

               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 Tax Collector is hereby authorized to cancel said taxes as soon as practicable as per the meeting on August 24, 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. 605-11

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 31, 2011.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, September 13, 2011, at 11:00 A.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:

 

2011, OR NEWER, JOHN DEERE MODEL 310 BACKHOE, OR EQUIVALENT

 

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. 606-11

 

Authorizing Fireworks Display at Seafarers’ Celebration

On Saturday, September 24, 2011

 

WHEREAS, the Borough of Wildwood Crest annually sponsors an event known as “Seafarers’ Celebration;” and

 

WHEREAS, it is the desire of the Board of Commissioners that a fireworks display be incorporated as a finale to the 2011 Seafarers’ Celebration on September 24, 2011; and

 

WHEREAS, it is the desire of the Board of Commissioners to set forth policies and procedures for the implementation of said fireworks display;

 

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.      A fireworks display be and the same is hereby authorized as a finale to the Seafarers’ Celebration on Saturday, September 24, 2011, commencing approximately 9:00 p.m.

2.      The fireworks exhibitor shall comply with any and all State of New Jersey Fire Code Regulations as apply to fireworks displays, as well as all Municipal Excess Liability Joint Insurance Fund requirements.

3.      The fireworks exhibitor shall supply the Borough of Wildwood Crest with a Certificate of Liability Insurance in an amount not less than $1,000,000, naming the Borough of Wildwood Crest as an additional insured.

4.      The fireworks exhibitor shall execute an Indemnification and Hold Harmless Agreement on behalf of the Borough of Wildwood Crest.

5.      The Borough of Wildwood Crest Recreation Supervisor, or his designee, shall coordinate the display, with the Borough Fire Official and the Fireworks Exhibitor, to the extent necessary to insure compliance with the foregoing, as well as any other required safeguards as provided by the Borough Fire Official to fully protect the public health, safety and welfare.

 

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. 607-11

Whereas, the Borough of Wildwood Crest desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for an amount not to exceed $400,000 for the Cresse Avenue Drainage Improvements Project and will enter into a grant agreement for said grant if approved;

 

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

 

1)           that the Borough of Wildwood Crest does hereby authorize the application for such a grant, and,

 

2)           recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of Wildwood Crest and the New Jersey Department of Community Affairs.

 

Be it further RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement to sign the agreement, and any other documents necessary in connection therewith:

 

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. 608-11

Approving Public Facilities Grant Management Plan

 

WHEREAS, the Borough of Wildwood Crest will apply for $400,000 in Fiscal Year 2012 CDBG funds for the Cresse Avenue Drainage Improvements Project ;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to prepare a Grant Management Plan to define project staffing and project activities;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to officially adopt its Grant Management Plan;

 

WHEREAS, the Borough has prepared a Grant Management Plant for its Fiscal Year 2012 Public Facilities project;

 

NOW, THEREFORE BE IT RESOLVED, that the Borough Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , adopts the Grant Management Plan prepared by Blauer Associates for the Fiscal Year 2012 Public Facilities project.

 

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. 609-11

 

Adoption of State Model Citizen Participation Plan for DCA Small Cities Program

 

 

Whereas, the Borough is Wildwood Crest is an applicant for a Department of Community Affairs Fiscal Year 2012 Small Cities Community Development Project for an amount not to exceed $400,000 for the Cresse Avenue Drainage Improvements Project and will enter into a grant agreement for said grant if approved;

 

Whereas, that grant agreement will require the Borough of Wildwood Crest to comply with all federal regulations with respect to citizen participation; and

 

Whereas, the Borough of Wildwood Crest has reviewed the State Model Citizen Participation Plan prepared for Small Cities CDBG grantees;

 

Now, Therefore Be It Resolved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that

 

1.            The State Model Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG is adopted by the Borough of Wildwood Crest; and

 

2.            The Borough of Wildwood Crest will follow all regulations set forth in that document throughout the term of the grant agreement cited 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. 610-11

 

Identifying Small Cities Fair Housing Officer

 

Whereas, the Borough of Wildwood Crest is applying for a Fiscal Year 2012 Small Cities Community Development Block Grant for an amount not to exceed $400,000 from the New Jersey Department of Community Affairs for financial assistance for the Cresse Avenue Drainage Improvements Project; and

 

Whereas, the Borough of Wildwood Crest must make efforts to affirmatively further fair housing; and

 

Whereas, the Borough of Wildwood Crest has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

 

Whereas, the Borough of Wildwood Crest has made assurances in the grant agreement that;

 

1.                                          It will comply with the Housing and Community Development Act of 1974, as amended, and regulations issues thereto; and

2.                                          It will comply with the Civil Rights Act of 1964, and the regulations issued thereto it; and

3.                                          It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing; and

4.                                          It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of 1973.

                             

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 shall be designated as the Small Cities Program Fair Housing Compliance Officer for the Borough of Wildwood Crest; and

 

Be It Further Resolved that the Fair Housing Officer shall contact the US HUD Regional Office of Housing and Equal Opportunity and the NJ Division on Civil Rights, inform those agencies of his/her appointment as Fair Housing Officer and request Fair Housing Information; and

 

Be It Further Resolved, that the Fair Housing Officer shall provide fair housing advisory services and assistance and referral advice to persons requesting such assistance from the Borough of Wildwood Crest; and

 

Be It Further Resolved, that the Borough of Wildwood Crest will publish in the local newspaper of record and post at the Borough Municipal Building a public notice announcing the appointment of the Fair Housing Officer and the availability of local fair housing advisory 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. 611-11

 

WHEREAS, on August 5, 2011 ,  KIRK SOENNICHSEN , 18 War Admiral Lane , Media, PA  19063 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 27, 2011 ,  from 10:30 a.m. to 12:30 p.m., at the Rambler Road Gazebo. ; and

                                                                                                                                               

WHEREAS, KIRK SOENNICHSEN, 18 War Admiral Lane, Media, PA  19063 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 KIRK SOENNICHSEN, 18 War Admiral Lane, Media, PA  19063 for the purpose of a WEDDING to be held on August 27, 2011 , from 10:30 a.m. to 12:30 p.m., at the Rambler Road Gazebo.

 

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. 612-11

 

WHEREAS, on August 15, 2011 , HALLMARK CARDS, INC , 2501 McGEE St. , Kansas City, MO 64109 , applied for a Special Events Permit for the purpose of a PHOTO SHOOT   to be held from September 3rd through September 6th, 2011 , from dawn to dusk, at various locations and landmarks in the Borough of Wildwood Crest ; and

                                                                                                                                               

WHEREAS, KIRK SOENNICHSEN, 18 War Admiral Lane, Media, PA  19063 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 KIRK SOENNICHSEN, 18 War Admiral Lane, Media, PA  19063 for the purpose of a WEDDING to be held from August 27, 2011, from 10:30 a.m. to 12:30 p.m., at the Rambler Road Gazebo..

 

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

 

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 July 31, 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 July 20 and August 10, 2011, as well as the closed session meeting held on August 10, 2011, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Memorial Bench Policy, Mr. Cabrera reported that he and the Superintendent of Public Works have discussed the matter, and they have determined to wait until after the hiring of the new Assistant Public Works Superintendent in order to involve that person in the process.

 

The Clerk reported, with regard to the Ranalli property, that he had circulated documentation and a legal opinion from the Solicitor with the appropriate statutory authority which does indicate that the municipality may own property in another municipality. He reminded the governing body that a determination would have to be made as to whether there is any interest in acquiring the land. He added that any discussion in that regard should be held in closed session.

 

Concerning the NJDEP CAFRA Permit, the Clerk inquired of the Engineer whether the permit had been recorded with the County Clerk . He also inquired as to the parameters of the permit. He was advised that it includes the beach and the building on the fishing pier. It does not include Rambler Road . The Engineer indicated that the permit had been recorded with the County Clerk . The Clerk inquired if there are any other outstanding matters regarding Rambler Road . The Engineer responded that he was awaiting a response from the DEP regarding the permit. He was advised that there are two matters outstanding, i.e., the permit fee has not been paid because the DEP never submitted the voucher to the Borough for payment. Once the fee is paid, the permit will be issued.

 

The Clerk reported that the City of Wildwood will be receiving a grant for the Cresse Avenue boardwalk/bike path connector project. Mr. Cabrera stated that Wildwood has already received one grant and there is another grant that will be “relocated” to the connector project. As to the amount of the grants, Mr. Cabrera responded that one is $500,000 and the other is around $200,000. With the Borough’s $200,000 the project should be covered since the last estimate was in the mid- to upper-$800,000s. Mr. Cabrera reported that the CAFRA permit will be approved since Wildwood has been given permission to amend their CAFRA permit to include this project.

 

With regard to the Phase 2 Rambler Road Park Project, Mr. Groon reported that after seeing the problems with parking during the summer as well as the delay in obtaining the permit, it was his opinion that the governing body must make sure by the next meeting that the plans are finalized since time is running out to get the project completed by March 2012. As to the parking situation, he asked the Commissioners to reconsider moving the playground to the second block away from the bike path, etc., and utilizing the most northerly block for parking. Mrs. Gould questioned the number of cars that can be parked on the lot. She was advised that it would be between 80 and 100 cars. Mr. Groon reiterated that he was not advocating major changes to the plans. He was simply asking that the playground be moved to alleviate congestion in the area. He added that he was not asking that the lot be paved. The Clerk interjected his opinion that it should be paved, since our zoning ordinance does not permit parking on “unimproved lots”. Mr. Groon again asked the Commissioners to give the matter some thought before the next meeting in order that a final decision can be made. The Solicitor inquired if the ADA grant would not be changed by moving the playground. The Engineer responded that everything from Lotus to Rambler is eligible. He added that the spaces at the south end of the lot would have to be reserved for handicapped parking. The Chief of Police interjected that discussions had been had regarding addressing handicapped parking throughout the entire Borough, including the area of Rambler Road . Mr. Cabrera indicated he would like to see a plan. Mrs. Gould stated that she did not have a problem with making the northern lot for parking. The Engineer indicated he could have a revised plan ready for the next meeting.

 

Concerning the Cresse Avenue Storm Drainage project, the Clerk indicated that the project was authorized earlier in the meeting for application of a small cities block grant.

 

The Clerk reported that the Solicitor had provided a draft of an e-mail policy and it had been circulated to the governing body. It was his opinion that the Solicitor had addressed all of the major concerns. He requested that the governing body advise him if there are any revisions necessary. The policy can be authorized by resolution at the next meeting of the governing body.

 

The Engineer reported that DOT applications are due September 23, 2011. He indicated that the governing body must choose a street for municipal aid and the bikeway application to reconstruct another section of the bike path. He added that authorizing resolutions will have to be adopted at the September 7, 2011 meeting.

 

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

RESOLUTION NO. 613-11

 

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.

 

_____(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.

 

The Clerk indicated that the purpose of the closed session was for potential litigation, specifically to discuss issues raised by the Borough Engineer with respect to the recently received Crest Pier roof bids.

 

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 reported that the Engineer had been authorized to prepare the necessary documents for the award of contract for the Crest Pier Roof Project to the lowest responsible bidder for the base bid only.

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

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:        September 21, 2011

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX