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Minutes of Commissioners Meeting   -   September 21, 2011

Note:  Complete Meeting Appears on CD #21-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office September 21, 2011
Wildwood Crest, NJ

Prior to the opening of the meeting, Mrs. Gould 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 – Yes
                                
Groon – Absent  

Mrs. Gould 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.

 

Mrs. Gould 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. 623-11

 

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated August 24, 2011, and published in The Herald of Cape May County edition of August 31, 2011, for the following item:

 

2011, or newer, John Deere Model 310 Backhoe, or equivalent; and

 

WHEREAS, the Superintendent of Public Works and Assistant Fleet Maintenance Supervisor have reviewed the bids submitted and have provided a written opinion recommending that the contract be awarded to the “lowest responsible bidder” as referenced below; and

 

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” as follows:

 

               Jesco, Inc., 1790 Route 38, Lumberton, New Jersey 08048, for the purchase of the above described vehicle to be provided on or before 120 days after the execution of the contract between the parties, for the total bid price as follows: Base bid of $83,650.00, less trade of $20,000.00, for final bid of $63,650.00, plus authorized optional extended powertrain and hydraulic warranty of $2,325.00, for a total bid price of $65,975.00; subject further to compliance with all other aspects of the bid specifications and certification from the Chief Financial Officer as to availability of funds.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the 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 contract be awarded to the successful bidder as aforesaid and for the total and complete bids amounts as indicated; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

               3.  That the Commissioner of Revenue and Finance and the 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-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 624-11

 

A resolution authorizing the approval of the establishment of a Flexible Benefits Plan to provide employees with certain benefits, Including but not Limited to, a Code Section 125 Plan to provide for pre-tax treatment of medical payments made pursuant to P.L. 2010, c. 2 and P.L. 2011, c. 78

 

WHEREAS, the Borough of Wildwood Crest has previously established – through AFLAC, and thereafter made available to eligible borough employees, a cafeteria medical plan effective June 1, 2011; and

 

WHEREAS, the Borough of Wildwood Crest received a proposal from AFLAC to provide a “Flex One Plan” (i.e. flexible medical benefits spending plan) in order to augment and supplement the aforesaid cafeteria medical plan, as further required by P.L. 2011, c. 78; and

 

WHEREAS, the purpose of the alternative cafeteria medical plan was to provide eligible employees with the opportunity to choose from among the fringe benefits available under the Plan, which are substantially similar to, equal,  or better than the current State Health Benefits Plan (SHBP) options; and

 

WHEREAS, the Plan qualifies as a cafeteria plan under the provisions of Code Section 125; and

 

WHEREAS, the charges to be incurred by the Borough for the establishment of the Flex One Plan, which Plan is intended to augment and supplement the previously implemented cafeteria medical plan, shall not exceed the initial, $350.00 set-up cost; and

 

WHEREAS, the Borough of Wildwood Crest desires to ratify and approve the establishment of the AFLAC Flex One Plan on the date of passage of this resolution, with an effective date of January 1, 2012, for its eligible employees for the purpose of providing eligible employees a choice between  specified benefits described in the Plan’s information summary which includes, but is not limited to, allowing for pre-tax treatment of authorized medical payments made pursuant to P.L. 2010, c. 2 and 2011, c. 78.

 

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 Borough of Wildwood Crest hereby resolves to authorize, ratify and approve the Borough’s enrollment in AFLAC’s Flex One Plan, a flexible benefits spending plan effective January 1, 2012 .

 

               2.            The Borough understands that the Plan provides eligible employees a choice between specified medical benefits, described in the Plan’s information summary – which plan has herewith been supplemented and augmented to include a flexible medical benefits spending plan (“AFLAC Flex One Plan) for pre-tax treatment of authorized medical payments made pursuant to P.L. 2010, c. 2 and P.L. 2011, c. 78.

 

               3.            The Borough understands that a Code Section 125 plan is required under P.L. 2011, c. 78 and, with the establishment of Flex One Plan through AFLAC as a supplement to the alternative cafeteria medical plan, is now fully compliant with said public law.

 

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

Vote:          Gould-Cabrera-yes                                  Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 625-11

 

EXTRACT from the minutes of a regular meeting of the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, held at the Municipal Building , 6101 Pacific Avenue , Wildwood Crest, New Jersey , on September 21, 2011, at 7:00 o’clock P.M.

PRESENT:

ABSENT:

*       *       *

_______________________ introduced and moved the adoption of the following resolution and ___________________ seconded the motion:

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,375,300 BOND ANTICIPATION NOTES OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY .

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY , AS FOLLOWS:

Section 1.             Pursuant to a bond ordinance of the Borough of Wildwood Crest, in the County of Cape May (herein called “local unit”), entitled: “Bond ordinance appropriating $2,570,000, and authorizing the issuance of $2,447,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on February 10, 2010 (#1092), Bond Anticipation Notes of the local unit in a principal amount not exceeding $2,447,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 2.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,575,000, and authorizing the issuance of $1,449,800 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on November 20, 2010 (#1112), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,499,800 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 3.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,500,000, and authorizing the issuance of $1,428,500 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on June 8, 2011 (#1128), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,428,500 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 4.             Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit authorized pursuant to bond ordinances of the local unit hereinabove in Sections 1 to 3 described, shall be combined into a single and combined issue of bonds in the principal amount of $5,375,300.

Section 5.             The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a)             All notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the local unit, provided that no note issued pursuant to Sections 1 hereof shall mature later than (i) one year from the date of the first note issued pursuant to the respective ordinances referred to in said Sections 1 to 3 hereof, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

(b)            All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

(c)             The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

Section 6.             The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the chief financial officer’s signature upon said notes shall be conclusive as to such determinations.

Section 7.             The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 8.             Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 9.             The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

Section 10.          The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2‑12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 11.          All action heretofore taken by officials and professionals of the local unit with regard to the sale and award of said notes in hereby ratified, confirmed, adopted and approved.

Section 12.          This resolution shall take effect immediately.

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

Vote:               Gould-Cabrera-Yes                            Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 626-11

 

WHEREAS, a vacancy has arisen on the Wildwood Crest Zoning Board of Adjustment; and

 

WHEREAS, said vacancy has an unexpired term through December 31, 2011; and

 

WHEREAS, it is the desire of the Board of Commissioners to fill said vacancy; and

 

WHEREAS, the name of PETER COMPARE has been submitted to fill the vacancy as an Alternate Member of the ZONING BOARD of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to appoint PETER COMPARE to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that PETER COMPARE be and he is hereby appointed as Alternate Member No. 1 of the ZONING BOARD of the Borough of Wildwood Crest to fill the unexpired term, commencing effective immediately, and expiring December 31, 2011.

 

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

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Mr. Groon entered the meeting at 7:04 p.m.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 627-11

 

WHEREAS, Bankers Life and Casualty Company made payment to the Borough of Wildwood Crest on behalf of Vincent Lomonaco in the amount of $73.01 for ambulance services provided on April 20, 2010; and

 

WHEREAS, Bankers Life and Casualty Company subsequently made another payment to the Borough of Wildwood Crest on behalf of Vincent Lomonaco in the amount of $74.47; and

 

WHEREAS, such duplicate payment has been determined to be made in error and the original payment has been deemed to be returned to Bankers Life & Casualty Company.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $73.01 to BANKERS LIFE AND CASUALTY COMPANY, ATTN: REFUNDS., PO BOX 1935, CARMEL, IN 46082 for said erroneous payment.

 

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. 628-11

 

WHEREAS, Steven Ford, 11 Charity Court, North East, Maryland 21901 was transported on September 10, 2010 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, Steven Ford’s insurance provider made payments in the total amount of $450.00 to the Borough of Wildwood Crest for said services; and

 

WHEREAS, Steven Ford also submitted payment in the amount of $148.05 to the Borough of Wildwood Crest; and

 

WHEREAS, it has been deemed that Steven Ford has overpaid the Borough in the amount of $98.05; and

 

WHEREAS, Steven Ford was assessed a collection agency fee to be deducted from said overpayment, which results in a net overpayment of $85.57.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $85.57 to STEVEN K. FORD, 11 CHARITY COURT, NORTH EAST, MARYLAND 21901 for said overpayment.

 

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. 629-11

 

WHEREAS, ALICE CARROLL, 202 East Farragut Road, Wildwood Crest, New Jersey 08260 was transported on April 17, 2011 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, ALICE CARROLL was billed $500.00 for said services and submitted payment in the amount of $500.00 to the Borough of Wildwood Crest; and

 

WHEREAS, ALICE CARROLL’s insurance provider also made payments in the total amount of $371.71 to the Borough of Wildwood Crest for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $500.00 to ALICE CARROLL, 202 East Farragut Road, Wildwood Crest, New Jersey 08260 for said duplicate payment.

 

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. 630-11

 

WHEREAS, WILDWOOD CATHOLIC HIGH SCHOOL, 1500 Central Avenue, North Wildwood, New Jersey 08260, has requested the entering into of a Lease Agreement with the Borough of Wildwood Crest for the rental of the Joseph Von Savage Memorial Pool during specifically designated days and times for a three year period and at a term rental of $10,800.00; and

 

WHEREAS, the Board of Commissioners are desirous of permitting the utilization of Borough-owned facilities through the establishment of a reasonable fee schedule to promote, encourage, and foster greater participation in the Borough’s recreational activities by all facets of the community; and

 

WHEREAS, the Board of Commissioners does herewith agree to enter into a lease agreement with WILDWOOD CATHOLIC HIGH SCHOOL for the rental of the Joseph Von Savage Memorial Pool.

 

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 are incorporated herein as if fully set forth.

2.            That a lease by and between the Borough of Wildwood Crest (Landlord) and Wildwood Catholic High School (tenant) for the rental of the Joseph Von Savage Memorial Pool, situated at 8800 New Jersey Avenue, Wildwood Crest, New Jersey 08260, for the period commencing effective January 1, 2011 and terminating December 31, 2013 at the term rental of $10,800.00, payable in annual increments as follows: $3,500.00 for the 2011/12 swim season to be paid on or before October 31, 2011; $3,600.00 for the 2012/13 swim season to be paid on or before October 31, 2012; $3,700.00 for the 2013/14 swim season to be paid on or before October 31, 2013.  The foregoing payment schedule, the days and hours of permitted use, and all other conditions, which shall affect, change or modify this rental shall be contained in said lease, a copy of which is attached hereto and made a part hereof.

3.            The Mayor and the Borough Clerk be and they are hereby authorized and directed to execute and attest said lease on behalf of the Borough.

 

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 herein below, 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 August 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 August 24, September 7, and September 14, 2011, as well as the closed session minutes held on August 24, 2011 and September 7, 2011, be approved as presented.

Vote:        Gould-Cabrera-Groon-Yes

 

With regard to the Borough memorial bench policy, Mr. Cabrera reported that they were waiting to finalize the policy with the new Assistant Superintendent of Public Works, together with the Superintendent and himself. He asked that Mr. Groon and Mrs. Gould provide the Clerk/Administrator with any comments or suggestions they may have. It was his hope that the policy would be in place before the end of 2011 to be implemented in 2012.

 

The Clerk reported, with regard to the Ranalli property, that the Engineer had submitted the CAFRA permit for review by the Solicitor. The Solicitor will provide her opinion in that matter at a future meeting of the Board of Commissioners.

 

Concerning the Borough Email Policy, the Clerk reported that a resolution had been circulated to the governing body as well as the Solicitor for review. The Solicitor had provided her sign-off of his draft. The Clerk indicated that the resolution would be listed on the agenda for the October 5, 2011 Commission meeting for consideration.

 

The Clerk asked the Engineer to report with regard to the DEP CAFRA permit. The Engineer stated that there is a recorded permit for the beach and the pier. With regard to the permit for Rambler Road , he reported that the DEP had requested five additional copies of signed and sealed plans, and it was expected that the permit would be mailed by the end of the week of September 19, 2011.

 

The Clerk advised, as to the boardwalk/bike path connector that the Borough’s funds are available through the UEZ. However, he voiced concern about whether the State would release the City of Wildwood ’s portion of the UEZ funds. Mr. Cabrera stated that the City of Wildwood had some grant funds that they amended to include this project and they were waiting for authorization from the State.

 

The Clerk inquired of the Engineer whether the DEP approvals extended to the Borough of Avalon, as part of their CAFRA permit, would similarly be extended to Wildwood Crest in terms of the pruning and trimming of the brush and dunes along the northerly section of the Borough’s beach, between Cresse Ave. & Rambler Rd. The Engineer responded that the Borough of Wildwood Crest has a valid beach maintenance permit and if those standards are followed, the work can be done. Mr. Groon stated that there is an enabling statute which permits the Borough to do the work so long as it is done within the parameters of the statute, and it was his opinion that the Borough would not have to wait for an additional authorization or sign-off.  Mr. Cabrera stated that the work would be done internally, and the plan was to start on a preventative plan and do certain sections each year.

 

Concerning the Rambler Road Park Project, Phase 2, Mr. Cabrera submitted a revised plan showing the additional parking as discussed at the meeting of September 7, 2011, at the extreme northern section of the lot. There was further discussion regarding the revised plans, with the Engineer providing explanation/information on the number of spaces, pavement areas separating parked cars, etc. It was determined that additional information was required regarding lighting and cost estimates.

 

The Clerk indicated that at the September 7, 2011 meeting, the governing body authorized a DOT grant application for the reconstruction of New Jersey Avenue . He stated that the Engineer had provided information for the consideration and review of the governing body. The Engineer indicated that the cost estimate must be provided on the DOT grant application, and the remainder was for the information of the governing body. He added that there are some additional “satellite areas” around New Jersey Avenue included, the work to be done in conjunction with any New Jersey Avenue Reconstruction Project. He also discussed the cost estimates and various funding options, including loan and grant opportunities.  The Mayor urged the Engineer to review those opportunities with the CFO so everyone is on the same page with short-term versus long-term financing

 

There being no public comments, and no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:        Gould-Cabrera-Groon-Yes

 

Dated:      October 19, 2011

 

Kevin M. Yecco, Borough Clerk

   

MINUTES OF MEETINGS INDEX