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Minutes of Commissioners Meeting   -   September 7, 2011

Note:  Complete Meeting Appears on CD #19-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office September 7, 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.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 614-11

 

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS published in The Herald issue of June 29, 2011, for the following item:

 

CONTRACT #1 – REHABILITATION OF THE CREST PIER COMMUNITY CENTER

 

WHEREAS, THE Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” DELL-TECH, INC., 930 New York Avenue, Trenton, New Jersey, 08638, for the total lump sum bid of $1,284,000.00 base bid only, to perform all required work in conjunction with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Borough Engineer, as to compliance with the bid specifications, along with the certification of availability of funds below by the Chief Financial Officer; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to DELL-TECH, INC., 930 New York Avenue, Trenton, New Jersey, 08638, for the total lump sum bid of $1,284,000.00 base bid only.

 

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

 

1.      That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.

2.      That a contract be awarded to the successful bidder, DELL-TECH, INC., 930 New York Avenue, Trenton, New Jersey, 08638, for the total lump sum bid of $1,284,000.00 base bid only; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

3.      That the Mayor and Borough Clerk be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough provided necessary funds are available.

 

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. 615-11

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 5-FINAL.

                              WEST SIDE DRAINAGE IMPROVEMENTS, PHASE 1

 

 

WHEREAS, Asphalt Paving Systems, Inc. of Hammonton, New Jersey has satisfactorily completed the contract for the project known as West Side Drainage Improvements, Phase 1; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, increasing the contract amount by $8,286.10; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 5 – 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 $483,986.10 and Estimate Certificate Number 5 – 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 Asphalt Paving Systems, Inc. be made thereon.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 616-11

 

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 Cape May County Herald issue of September 14, 2011.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, September 27, 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:

 

 

STREET EXCAVATIONS TRENCH RESTORATION

AS REQUIRED IN THE BOROUGH OF WILDWOOD CREST

 

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. 617-11

 

Resolution:          Approval to submit a grant application and execute a grant contract with the New Jersey Department of Transportation for the New Jersey Avenue Reconstruction Project

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , formally approves the grant application for the above stated project.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to submit an electronic grant application identified as 00273 to the New Jersey Department of Transportation on behalf of the Borough of Wildwood Crest.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Wildwood Crest and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

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. 618-11

 

Resolution:          Approval to submit a grant application and execute a grant contract with the New Jersey Department of Transportation Bikeway Grant Application for Bikepath Improvements Between Lotus Road and Forget-Me-Not Road

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , formally approves the grant application for the above stated project.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to submit an electronic grant application identified as 00038 to the New Jersey Department of Transportation on behalf of the Borough of Wildwood Crest.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Wildwood Crest and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

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. 619-11

 

WHEREAS, on August 25, 2011, NEW JERSEY THUNDER MOTORSPORTS INC. , 4101 Boardwalk, PO Box 1256 , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a CAR SHOW and M OVIE to be held on September 22, 2011 , from 6:00 p.m. to 10:00 p.m., on Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from Cardinal Rd. to Wisteria Rd. ; and

                                                                                                                                               

WHEREAS,  NEW JERSEY THUNDER MOTORSPORTS INC., 4101 Boardwalk, PO Box 1256, Wildwood, 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 NEW JERSEY THUNDER MOTORSPORTS INC., 4101 Boardwalk, PO Box 1256, Wildwood, NJ 08260 for the purpose of a CAR SHOW and MOVIE to be held on September 22, 2011 , from 6:00 p.m. to 10:00 p.m., on Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from Cardinal Rd. to Wisteria 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. 620-11

 

WHEREAS, on September 1, 2011 , MELISSA WICKHAM , 7 Hawthorne Dr., Rio Grande, NJ 08242 , applied for a Special Events Permit for the purpose of a WEDDING to be held on September 21, 2011 ,  from 3:00 p.m. to 5:00 p.m., on the Heather Rd. Beach Pier. ; and

                                                                                                                                               

WHEREAS, 4101 Boardwalk, PO Box 1256, Wildwood, 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 4101 Boardwalk, PO Box 1256, Wildwood, NJ 08260 for the purpose of a CAR SHOW and M to be held on September 22, 2011, from 6:00 p.m. to 10:00 p.m., on Sweet Briar Rd. from Ocean Ave. to Atlantic Ave. and Atlantic Ave. from Cardinal Rd. to Wisteria Rd.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Borough e-mail policy, the Clerk reported that he had provided the governing body with a draft policy on use of e-mail as prepared by the Solicitor. He requested authorization to draft a resolution to be considered by the governing body at their next meeting. Mr. Groon stated that he was not interested in considering such a resolution at this time. Mr. Cabrera expressed his desire. Mrs. Gould requested that the Clerk draft such a resolution.

 

Concerning the NJDEP CAFRA permit, the Clerk inquired of the Engineer whether he had received any additional information. He added that he had provided a copy of the permit to all affected Borough departments and the governing body. The Engineer responded that he had received the recorded permit and would provide that to the Clerk. The Clerk inquired about the conditions placed on the permit, and asked if they had been met. The Engineer responded that there was a clarification on one item which has been provided to NJDEP.

 

Mr. Cabrera reported, with regard to the Boardwalk bike path connector, that they are waiting for Wildwood’s funding confirmation. The Clerk inquired if it is intended that the funding from the Borough will come from the UEZ funds that are available. Mr. Cabrera responded in the affirmative.

 

With regard to the Phase 2 Rambler Road Park Project, the Clerk reported that he had received from the Engineer, and provided copies to the governing body, a redesign of the park as it concerns moving parking northerly of the park area to relieve some of the congestion; as well as slight modification as to where the playground will be situated. He indicated that final authorization will need to be made to authorize the Engineer to move forward accordingly if that is the wish of the governing body. Mr. Groon inquired of the Engineer as to what success he has had with the NJDEP regarding the permit. The Engineer responded that he had spoken to a supervisor at NJDEP who acknowledged that they had received the permit fee and they should be getting the okay “any day now” to release the permit. The Clerk inquired of the governing body if, contingent upon release of the permit by the NJDEP, if there was a consensus to move forward based on the latest redesign plan dated September 6, 2011. The Engineer interjected that the plan was intended to show the maximum amount of parking available, and it could be reduced. Mr. Cabrera summarized the discussion by stating that there had been discussion to relocate the playground to the Primrose lot, as well as discussion to add some parking. He indicated that the parking on the September 6, 2011 plan is shown on the Myrtle Road lot, but it was his opinion that the parking should be disbursed between two lots. There was further discussion regarding the placement of the parking. Mrs. Gould stated her opinion that the September 6, 2011 plan met with her approval for the single northerly lot, with the proviso that the number of spaces be reduced to make room for landscaping. Mr. Cabrera reiterated his opinion that he would prefer the parking be broken up between the two lots. Mr. Groon suggested identifying the purpose/needs for the parking in order to be clear on the issue. He stated that the Catholic Church uses the lot on Sunday mornings for services; it is used on Saturday nights for the concerts; it is used for one Beach Patrol event. Mrs. Gould summarized by stating it is used ten Saturday nights per year, and every Sunday morning in the summer. Mr. Groon added that, other than those uses, the area is not overwhelmed with a lack of parking. The Chief of Police interjected that his department has monitored the parking situation throughout the summer, and it was found that there are plenty of parking spots within that area. Mrs. Gould addressed Mr. Cabrera’s concern about residents in the area wanting an aesthetically pleasing site by stating that it was not the Borough’s responsibility to provide them with a view. She added that the most recent plan was fine with her. The Clerk summarized by stating that there seemed to be a consensus that the parking be situated on one northerly block, starting on Myrtle Road and continuing northerly. Mr. Groon agreed, adding that some work needs to be done on the plan to “clean it up.”  Mr. Cabrera stated that he would agree to the plan with additional landscaping. He also suggested that the parking lot be available for non-Borough related events for a charge. The Clerk stated that that could be accomplished by amending the fee ordinance and by having the lot paved. The Clerk summarized by stating that there was a consensus of opinion and the Engineer should proceed accordingly.

 

Regarding the permitting issue, the Clerk suggested that contact be made with DEP Commissioner Martin’s representative, the person at the NJDEP whose information he had provided to the governing body and Borough Engineer, and urge him to intervene in the permitting process. The Engineer added that he has been receiving much more positive feedback from the Land Use Division than normal.

 

Mr. Groon indicated that, with regard to the Capital Plan, in 2012 the Capital is dedicated to “miscellaneous,” the following year is dedicated to “side streets,” and the next year is dedicated to “New Jersey Avenue.” He stated that the reason he was raising the issue at this particular time was because of the piping of the MUA which will entail obtaining cooperation from that entity. He added that he would like to look at different forms of financing. It was his opinion that the project will be similar in scope to Seaview Avenue and may take two to three years to put together. Mr. Cabrera stated that there are numerous priority infrastructure projects and he suggested that the Engineer and Public Works personnel review the priority list to make sure the Borough is addressing the areas of highest priority.

 

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

RESOLUTION NO. 621-11

 

A RESOLUTION PROVIDING FOR A CLOSED SESSION NOT OPEN

TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS

OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT,

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

 

 

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

 

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

 

__X__(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.

 

 

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

 

The Clerk stated that the purpose of the closed session was to discuss potential acquisition of land as authorized by the Open Public Meetings Act under N.J.S.A. 10.

 

Upon returning from closed session, 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