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Minutes of Commissioners Meeting   -   December 5, 2011

Note:  Complete Meeting Appears on CDs #27-11, 28,-11, 29-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office December 5, 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. 661-11

 

Authorizing an Award of Contract for Electric Generation

Supply Services for the South Jersey Power Cooperative

 

WHEREAS, the Borough of Wildwood Crest participates in a Cooperative Purchasing Program with the County of Cape May, including the South Jersey Power Cooperative (SJPC); and

 

WHEREAS, the County of Camden, on behalf of the SJPC, publicly advertised bids for the purpose of procuring electric energy services; and

 

WHEREAS, the County of Camden received and opened publicly advertised bids on October 28, 2011 at 11:00 a.m. for Electric Generation Supply Services for the SJPC; and

 

WHEREAS, bids were received from three vendors; and

 

WHEREAS, Hess Corporation (PSE&G) and South Jersey Energy (Atlantic City Electric) were the lowest responsible bidders for electric generation service at the bid rate of $0.08695 per kilowatt-hour and $0.06000 per kilowatt-hour, respectively; and

 

WHEREAS, there is a need to award a contract to Hess Corporation and South Jersey Energy for the needs of the County of Camden and participating members of the SJPC as described above commencing December 2011 through June 2013; and

 

WHEREAS, funding for the respective contracts shall be encumbered at the rate of the above stated per kilowatt-hour amounts to the limit of the budget appropriation for this purpose in accordance with N.J.A.C. 5:30-5.5(b)(2) and shall further be contingent upon the availability and appropriation of sufficient funds for this purpose, as certified by the CFO, in the Borough’s permanent budget and the temporary and/or permanent 2012 and 2013 budgets.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that, contingent upon the funding as described herein, the proper officials of the Borough of Wildwood Crest be and are hereby authorized to execute all documents necessary to effect the agreements described herein with Hess Corporation and South Jersey Energy, for Retail Electric Generation Service for the South Jersey Power Cooperative.

 

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. 662-11

 

WHEREAS, Michael McMillan has been an employee of the Borough of Wildwood Crest for almost thirty-seven years, beginning his career with the Borough’s sewer department on the January 12, 1975; and

 

WHEREAS, on November 19, 2011, Michael McMillan was presented with the American Public Works Association’s “Distinguished Service Award” at the annual New Jersey League of Municipalities Conference in Atlantic City; and

 

WHEREAS, Michael McMillan has been a diligent and dedicated employee of the Borough of Wildwood Crest throughout his many years of exemplary public service; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to congratulate and laud Michael McMillan upon his receipt of this prestigious award.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that Monday, December 5, 2011, be proclaimed as MICHAEL McMILLAN DAY in the Borough of Wildwood Crest, and this governing body does further urge all residents and staff of the Borough of Wildwood Crest to congratulate Michael McMillan for his dedicated service to the Department of Public Works and the community it serves.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera stated that no one realizes how important Michael’s position is until problems arise. He added that Michael knows every inch of the storm and sewer system in the Borough of Wildwood Crest, and is an asset to the Public Works Department as well as the Borough of Wildwood Crest as a whole. Mrs. Gould added that many years ago Michael was the person who reported that the storm sewer drains were not working properly which initiated the clean-up of the beaches. Michael thanked the Board of Commissioners. He added that it has been an honor working for the Borough of Wildwood Crest, and he enjoys his job.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 663-11

 

WHEREAS, Jason Hesley, the current part-time Tax Assessor of the Borough of Wildwood Crest,  commenced full-time employment with the City of Wildwood effective August 15, 2011; and

 

WHEREAS, the Borough of Wildwood Crest has determined that a “greater presence” is necessary in the Tax Assessor’s office on a regular and recurring weekly basis and, to accommodate that need, conducted a recruitment process to retain a Tax Assessor for longer hours of part-time employment; and

 

WHEREAS, the existing memorandum of understanding between the Borough of Wildwood Crest and the current Tax Assessor, regarding part-time employment status, expires December 31, 2011; and

 

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.            That the appointment of Dianne Kelly by Commissioner Joyce P. Gould be and the same is hereby confirmed and ratified commencing effective January 1, 2012, through June 30, 2015, in accordance with the provisions of N.J.S.A. 40A:9-148.

 

               2.            That Dianne Kelly shall work on a part-time weekly basis each Monday, Wednesday and Friday, from 9:00 a.m. to 4:30 p.m., and at such other additional dates and times necessary to fulfill all statutory requirements of the position of Tax Assessor.

 

               3.            That Dianne Kelly shall be compensated at an annual salary as determined by the Commissioner of Revenue and Finance, in accordance with the provisions of the current salary ordinance of the Borough of Wildwood Crest.

 

Ms. 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. 664-11

 

WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected from the property owner or it's designee an excess amount on 2011 property taxes and/or utility payments; and

 

               WHEREAS, an overpayment was created for the reason listed below, and

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

Block /Lot                          Name                                                                               Amount

187-15             Scardigno, Salvatore & Anna                                                                              $1,008.35

2011 Tax                            205  E Jefferson Ave

                                             Title Company and Mortgage Company

                                             both paid 2011 4th quarter taxes

                                             Refund to Scardigno, Salvatore & Anna            

.

               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 Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax Collector should mark the records accordingly to reflect said refund as per the meeting on December 5, 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. 665-11

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, has resolved to join Atlantic County Municipal Joint Insurance Fund, a self insurance pooling fund, following a detailed analysis; and

 

WHEREAS, the by-laws of said Fund require that each municipality appoint a RISK MANAGEMENT CONSULTANT to perform various professional services as detailed in the by-laws as well as other “insurance broker of record duties”, including but not limited to the authorized placement of independent statutory bonds, flood and health insurance policies; and

 

WHEREAS, the by-laws indicate a fee not to exceed six (6%) percent of the municipal assessment, which expenditure represents reasonable compensation for the services required and was included in the cost considered by the Board of Commissioners; and

 

WHEREAS, the judgmental nature of the RISK MANAGEMENT CONSULTANT’s duties renders comparative bidding impractical; and

 

WHEREAS, the Commissioner of Revenue and Finance has determined that J. Byrne Agency is best qualified to provide the services specified herein; and

 

WHEREAS, said award of Professional Services Contract is in excess of $17,500.00 and, on this basis, is subject to the provisions of N.J.S.A. 19:44A-20.4, et. seq. (a/k/a Local Unit Pay-To-Play Law);

 

WHEREAS, J. Byrne Agency has completed and submitted a Business Entity Disclosure Certification which certifies that said firm has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1, et. seq., that, pursuant to P.L. 2004, c. 19, would bar the award of this contract in the one year period preceding January 1, 2012 to any political committee or candidate of which any member of the governing body is otherwise affiliated.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that it does hereby appoint J. BYRNE AGENCY as its RISK MANAGEMENT CONSULTANT  AND INSURANCE BROKER OF RECORD for the period commencing January 1, 2012 and terminating effective December 31, 2012 at the rate of compensation equal to FOUR AND ONE-HALF PERCENT (4½%) of the Borough’s annual assessment; all of which is contingent upon adequate budgetary provision being made by the governing body in fiscal year 2012, is in accordance with the full provisions of the Consultant’s Agreement, and the provisions of N.J.S.A. 40A:11-5.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized and directed to execute the Consultant’s Agreement annexed hereto, which agreement is made a part hereof by reference as if fully set forth, and to cause a notice of this decision to be published as required by N.J.S.A. 40A:11-5(1), (a), (i).

 

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. 666-11

 

WHEREAS, the term of DENNIS TRAVASCIO as a Member  of the ZONING BOARD of the Borough of Wildwood Crest shall expire on December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint DENNIS TRAVASCIO 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 DENNIS TRAVASCIO be and he is hereby re-appointed as a Member  of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2012, and expiring December 31, 2015.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTIONS AS PART OF A CONSENT AGENDA:

RESOLUTION NO. 667-11

WHEREAS, the term of WILLIAM J. CARR as a Member of the ZONING BOARD of the Borough of Wildwood Crest shall expire on December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint WILLIAM J. CARR 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 WILLIAM J. CARR be and he is hereby re-appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term, commencing January 1, 2012, and expiring December 31, 2015.

 

RESOLUTION NO. 668-11

WHEREAS, the term of ALAN SEIJAS as a Member of the ZONING BOARD of the Borough of Wildwood Crest shall expire on December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint ALAN SEIJAS 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 ALAN SEIJAS be and he is hereby re-appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term, commencing January 1, 2012, and expiring December 31, 2015.

 

RESOLUTION NO. 669-11

WHEREAS, the term of PETER COMPARE as Alternate Member No. 1 of the ZONING BOARD of the Borough of Wildwood Crest shall expire December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-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 re-appointed as Alternate Member No. 1 of the ZONING BOARD of the Borough of Wildwood Crest for a two (2) year term commencing January 1, 2012, and expiring December 31, 2013.

 

RESOLUTION NO. 670-11

WHEREAS, the term of MARY CELEBRE as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest shall expire December 31, 2011; and

 

WHEREAS, Board of Commissioners of the Borough of Wildwood Crest, wish to re-appoint MARY CELEBRE 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 MARY CELEBRE be and she is hereby re-appointed as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest for a three (3) year term commencing January 1, 2012, and expiring December 31, 2014.

 

RESOLUTION NO. 671-11

WHEREAS, the term of BRIAN STUART as a Member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest shall expire December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint BRIAN J. STUART as a Member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest;

 

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 BRIAN J. STUART be and he is hereby re-appointed as a Member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest for a three (3) year term, commencing January 1, 2012 and expiring December 31, 2014.

 

RESOLUTION NO. 672-11

WHEREAS, the term of THOMAS ALVARADO as a member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2011; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint THOMAS ALVARADO to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

 

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 THOMAS ALVARADO be and he is hereby re-appointed as a member of the PLANNING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2012, and expiring December 31, 2015.

 

RESOLUTION NO. 673-11

WHEREAS, Mayor Carl H. Groon has determined to appoint BRIAN MELCHIORE, Assistant Code Enforcement Officer, as Class II Member of the Planning Board to fill the unexpired term of Robert Cashioli; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the appointment by Mayor Groon of BRIAN MELCHIORE as Class II Member of the Planning Board of the Borough of Wildwood Crest;

 

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.            That the appointment of BRIAN MELCHIORE, Assistant Code Enforcement Officer, by Mayor Carl H. Groon as Class II Member of the Planning Board of the Borough of Wildwood Crest to fill the unexpired term of Robert Cashioli, be and the same is hereby confirmed and ratified effective immediately, with the expiration of the term of appointment being May 27, 2012.

 

RESOLUTION NO. 674-11

WHEREAS, the term of BARBARA HUNT as Alternate No. 1 member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2011; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint BARBARA HUNT to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

 

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 BARBARA HUNT be and she is hereby re-appointed as Alternate No. 1 Member of the PLANNING BOARD of the Borough of Wildwood Crest for a two (2) year term commencing January 1, 2012, and expiring December 31, 2013.

 

RESOLUTION NO. 675-11

WHEREAS, the term of DENNIS HALL as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest expires December 31, 2011; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint DENNIS HALL to said position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that DENNIS HALL be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2012, and expiring December 31, 2013.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 676-11

WHEREAS, the term of LESTER KLAYMAN as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest expires December 31, 2011; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint LESTER KLAYMAN to said position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that LESTER KLAYMAN be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2012, and expiring December 31, 2013.

 

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

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

Prior to consideration of the next Resolution, the Clerk indicated that he and the CFO had conducted oral auction bids for the beach concession rental for umbrellas, to include the sale of bottled water, at a minimum bid of $75,000. There was no bid received for that minimum amount. The Clerk stated that he had prepared two sets of proposals to be discussed by the governing body, one proposal containing provision for the sale of bottled water and the other without bottled water. Additionally, based upon conversation with the prospective bidder who currently has the concession rental, the minimum bid was requested to be reduced to the vicinity of $60,000. The Clerk requested a consensus regarding the options available. Mr. Cabrera proposed that the sale of water remain as part of the bid, and the minimum bid should be reduced from $75,000 to $62,000. He added that in light of the loss of the rental revenues for the beauty shop at the Crest Pier, he would like to replace that revenue with the increase in the umbrellas concession rental. Mrs. Gould agreed with Mr. Cabrera’s assessment. Mr. Groon added that he would be agreeable.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 667-11

 

WHEREAS, oral bids were received by the Borough Clerk for the rental of beach concession locations for the rental of beach umbrellas, beach chairs, approved flotation devices, and bottled water only on Tuesday, November 22, 2011 at 10:00 a.m.; and

 

WHEREAS, no bids were received for said concession at that time; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-authorize Notice to Bidders and Terms and Conditions for said concession;

 

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 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 December 14, 2011.

 

Oral bids will be received by the Borough Clerk in the Municipal Court Room, Wildwood Crest Borough Hall, on WEDNESDAY, DECEMBER 28, 2011 AT 10:00 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:

 

RENTAL OF BEACH CONCESSION LOCATIONS FOR THE RENTAL OF BEACH UMBRELLAS, BEACH CHAIRS, APPROVED FLOTATION  DEVICES, AND BOTTLED WATER ONLY

 

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. 678-11

 

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2011 budget appropriations be and the same are hereby authorized as follows:

 

 

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. 679-11

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2011 budget appropriations be and the same are hereby authorized as follows:

 

 

Mr. Groon 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, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was the 2012 Capital Plan. Mr. Groon stated that there were a few matters that had not been resolved, and he wished to finalize those matters. The first matter was the playground at Rambler Road. He stated that the Borough cannot count on the fact that there will be funds left over from the original project, and, therefore, he felt that the playground should be incorporated into the 2012 Capital Plan. He asked Mr. Cabrera to obtain pricing for the project. Additionally, Mr. Groon circulated a list of items that would be required to be added to the 2012 Capital Plan. He stated that the items on the list will probably have to be incorporated into a bond ordinance in January or February 2012.

 

With regard to the 2013 Capital Plan, Mr. Groon asked if there was a consensus to add reconstruction of New Jersey Avenue to the 2013 Plan. All agreed. Additionally, he requested a commitment to support increasing the capital reserve in order to move equipment from bonding to pay-as-you-go to alleviate the pressure on debt while New Jersey Avenue is being done. Mr. Cabrera questioned how much of an increase Mr. Groon was requesting. Mr. Groon responded that he was hoping to increase from $300,000 to $450,000 over the next two years. All agreed.

 

There was further discussion of the 2013 Capital Plan. With regard to the beach walkways, Mr. Cabrera indicated that the Borough has started rebuilding the walkways using a different design and that plan will continue. He stated that he would like to move to another material in the future to eliminate the time needed to put down the wooden walkways each spring and remove them in the fall. Mrs. Gould asked Mr. Cabrera to describe the new material. He responded that they go with the contour of the sand and once they are in place, they do not move. It was his hope to go with the new materials starting in 2013. Mr. Groon inquired if they are on State Contract. The Engineer responded that they are not. Mr. Groon inquired if there is a competing company for pricing purposes. The Engineer responded that there are a couple of companies with similar products. The Engineer added that a DCA grant could be pursued since it would be an ADA improvement. The Clerk interjected that the JIF will be requiring that the walkway be removed or significantly improved in the near future because the Borough just had a significant settlement for an injury resulting from the walkways. Mr. Cabrera stated that the new material will significantly reduce the number of trips and falls. Mr. Groon inquired if a grant under USDA would require a 5% downpayment. The CFO responded that he was of the opinion that it can be waived. The Clerk interjected that the school acquisition funding will end in 2013, which will add funding for other projects.

 

Returning to the New Jersey Avenue project, Mr. Groon stated that he had had conversations with State officials at the New Jersey State League of Municipalities convention in November, and he was advised to start looking for funding at the end of 2012 for that project. Additionally, he was advised that they will pay for construction document preparation without any cost to the Borough.

 

Mr. Groon inquired if both ends of the project can be bid out at the same time, and split the time frame. The Engineer responded that the bid documents can specify what portion of the project is to be done at what time. The Clerk interjected that a better number may be realized because of the overall length of the project. The Engineer added that the Borough would need to have a “safe reservoir” in the contingency because the Borough would be obligated under the law for asphalt increases and fuel increases. Conversely, if the prices drop, the Borough would receive a credit. The Clerk added that the CFO will require language in the awarding resolution to the effect that the award for Phase 2 is incumbent upon the governing body budgeting sufficient funds in the pertinent annual budgets.

 

The next project to be discussed was the Washington Avenue park. Mr. Groon stated that a decision will have to be made with regard to the tennis courts and whether they will be retained. It was his opinion that they should be retained. He added that there are fencing needs in the area and that prices should be obtained for any work to be done within the next few months.

 

With regard to the bikepath upgrades, Mr. Groon stated that grants have been applied for and if they are obtained, the figures in the capital plan can be removed. Specifically, the work to be done would be the two blocks behind Centennial Park.

 

Another project to be discussed was the heating and air conditioning system in Borough Hall. Mr. Groon indicated that the heat and air conditioning are inconsistent throughout the building, and that there is no control over heating and air conditioning costs. It was his recommendation that Mr. Cabrera and the Public Works Department staff hire a mechanical engineer to review the needs of the building. Mr. Cabrera suggested that before an engineer is hired, perhaps the Borough’s heating and air conditioning contractor could provide a recommendation. The Public Works Superintendent responded that a mechanical engineer would cost approximately $6,000 to $10,000 and that would provide a more comprehensive review of the systems. Mr. Groon indicated that the number he provided in the capital plan was an estimate for the work to be done.  He added that if there are funds left over, he would like to look at updating the lighting in Borough Hall.

 

There was a discussion regarding repairs to the north side of the Crest Pier. Mr. Cabrera indicated that costs for an architect will be budgeted in the 2012 budget for the Crest Pier and the library.

 

The next matter for discussion was the building on the fishing pier. Mr. Groon asked for further discussion regarding suggestions that had been made at an earlier meeting. He asked the Engineer if he had done an estimate to repair the building and bring it up to code. The Engineer responded that it was approximately $450,000 to $500,000. Mr. Cabrera stated that he liked the idea of an open air pavilion on the fishing pier, and any commercial enterprises should be put into the Nesbitt building. Mrs. Gould stated her opinion that the Borough should not be in the retail business. She added that a decision does not have to be made regarding the building right away and it can stay as it is, because there is a lot of money involved. Mr. Groon responded that it will have to be torn down if it is not repaired because it is deteriorating. Mr. Cabrera stated that the structure beneath the building has been reinforced; it is the actual building that is deteriorating. The Solicitor interjected that there may be DEP issues if the building is demolished. Mr. Groon stated that he is in favor of preserving the site, and the pavilion makes the most sense at this time, dependent upon cost estimates. He agreed that the site would not support a commercial enterprise given the cost to upgrade it. Mr. Cabrera stated that he would obtain cost estimates to install a pavilion, but he asked that a discussion be had with regard to the Nesbitt site. He stated that if all are agreed that the tourism center be moved to the current library building, the Nesbitt building will be empty. He stated that it cannot be utilized for storage in the center of a commercial hub. Mr. Groon stated that he would not want to compete with other business in the area, but a business that would not compete may be an option. Mrs. Gould suggested dividing the interior into “kiosks” and rent the spaces to make it the “Wildwood Crest Marketplace.” Mr. Groon stated that the building will need a roof and perhaps mechanical and electrical upgrades.

 

The library building was discussed. Mr. Groon agreed with Mr. Cabrera that an architect should be retained to provide plans for the building.

 

With regard to the boardwalk/bike path connector, the Clerk reported that the Borough has received the UEZ check to cover the Borough’s portion of the costs. He added that he has not heard if any progress had been made with respect to Wildwood’s plans. Mr. Cabrera responded that he has not received any progress reports.

 

Mr. Groon requested a discussion regarding the naming of the Rambler Road Park. He stated that for tourism purposes, the Borough needs to identify the park. He indicated that there have been suggestions made, including “Sunrise Park.” He suggested that the Recreation Commission or Recreation Department come up with some names to be discussed by the Commissioners. Mrs. Gould suggested “Sunrise at Rambler Park.” The Clerk interjected that since there is already Centennial Park, and not to confuse tourists, perhaps a name containing “Rambler” should be considered. Mr. Groon went on to state that tourism advertising starts in January and February, so a decision will have to be made quickly. Mrs. Gould and Mr. Cabrera both suggested a contest for residents to name the park.

 

With regard to parking meters on Atlantic Avenue, Mr. Groon asked the Chief of Police to outline the requirements in the area and observations made by his department. Chief DePaul stated that he had been instructed by the Mayor to conduct an analysis of parking from Atlantic Avenue eastward, to include the placement of meters. The first step was to look at the parking load, times, placement and how it pertains to Wildwood Crest. It was found that the heaviest time was 11:00 a.m.to 4:00 p.m., with weekends being the heaviest. He added that evenings, even when there are events at the parks, there is plenty of parking in the vicinity without having to use the vacant lots. The problem encountered with where cars are being parked is with the number of houses and condos in the area and west of Atlantic Avenue. Those spaces fill quickly because they are free. The spaces on Atlantic Avenue are next to fill. With regard to revenues, the areas around Rambler Road and in the Cresse Avenue vicinity realize the highest revenues. In looking at surrounding communities with regard to placement of parking, Wildwood Crest is the only municipality that placement of meters is not consistent. Additionally, other towns have parking enforcement later in the year. Chief DePaul went on to state that there are approximately 700 parking meters in town. If the meters were to be properly placed, the Borough could add 300 more meters if the spots on Atlantic Avenue were “filled in.” With regard to revenues, in 2011 the Borough realized $184,000, which is approximately $260 per meter. If another 200 meters were to be added, the Borough would realize an additional $52,000 to $53,000. With regard to enforcement on the existing 700 meters, the Borough realizes in ticket revenues approximately $65,000. With an additional 200 meters, there could be as much as $19,000 more in ticket revenues. The cost to purchase the additional meters would be approximately $76,000. Therefore, they would pay for themselves in the first year.

 

The Clerk stated that consistency with neighboring communities as far as enforcement should be considered. The Chief stated that his department could handle enforcement for the extra weeks. The Chief added that compared to all other communities, Wildwood Crest is the most lenient.

 

The Clerk asked of the governing body that if it is their intent to proceed with the plan that they go significantly further in advance of April, as is customary, in order that the information can be disseminated to the public.  Mrs. Gould indicated that she was in favor of the plan and  Commissioner Cabrera provided his support as well, confirming that nothing would be on side streets, just on Atlantic Avenue.

 

The Clerk reminded the Solicitor that an ordinance will be needed to move the Municipal Election from May to November.

 

He also reminded the Solicitor of the need for a renegotiated contract with AtlantiCare for MICU transport charges. The Solicitor stated that she had received information from AtlantiCare and would be preparing the Agreement for the December 22, 2011 meeting. With regard to the election ordinance, she was of the understanding that it was to be introduced in January. The Clerk stated that the governing body would need a draft to be able to review it prior to January.

 

There being no members of the public present, and therefore, no public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 680-11

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, 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:        December 22, 2011

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX