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Minutes of Commissioners Meeting   -   December 22, 2011

Note:  Complete Meeting Appears on CDs #30-11 and #31-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office December 22, 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. 681-11

 

RESOLUTION AUTHORIZING CONTINUATION OF AN INTERLOCAL SERVICES AGREEMENT WITH WEST WILDWOOD FOR 9-1-1 AS INITIALLY AUTHORIZED BY BOROUGH OF WILDWOOD CREST ORDINANCE NO. 775

 

WHEREAS, pursuant to N.J.S.A. 40:8A-1, et seq, the Interlocal Services Act, and Borough of Wildwood Crest Ordinance No. 775, the Borough of Wildwood Crest has entered into an Interlocal Services Agreement with the Borough of West Wildwood for dispatch services in exchange for specified in-kind services and/or financial considerations; and

 

WHEREAS, said Agreement will terminate effective December 31, 2011; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest desires to renew the Interlocal Services Agreement with the Borough of West Wildwood.

 

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 allegations of the preamble hereto are incorporated herein by reference as if fully set forth.

 

               2.            The Borough of Wildwood Crest agrees to execute a revised Agreement with the Borough of West Wildwood for the stipulated exchange of services and/or financial considerations, and hereby authorizes the continuation of the Interlocal Services Agreement, initially authorized by Borough of Wildwood Crest Ordinance No. 775, through December 31, 2012.

 

               3.            The Mayor and Borough Clerk be and they are hereby authorized and directed to execute and attest any and all documents necessary in this regard.

 

               4.            A certified copy of this resolution and two (2) copies of the applicable Agreement shall be provided forthwith to the Borough Clerk of the Borough of West Wildwood.

 

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. 682-11

 

Requesting Cape May County Freeholders to Consider Submitting a New Jersey Department of Environmental Protection Green Acres Program Local Government Assistance Application for Land Acquisition and Park Development

 

 

WHEREAS, Cape May County is eligible to receive up to $900,000 for land acquisition and park development for the County Open Space and Farmland Preservation Program by applying for a matching grant offered through NJDEP Green Acres Program; and

 

WHEREAS, Green Acres matching grant funding can be used to acquire land for recreation and conservation purposes, including ocean, bay and/or river waterfront, or a lake, pond, beach or stream that provides opportunity for physical and visual public access, swimming, water sports, fishing and/or boating; a natural area such as a wildlife preserve, forest and/or wetland that provides opportunity for conservation, nature observation, water quality and water supply protection, camping and/or hiking; an historic property; or land suitable for playgrounds, athletic fields and other types of active and passive outdoor recreation facilities or opportunities; and

 

WHEREAS, Green Acres matching grant funds may be used to assist in efforts to complete the Cape May National Wildlife Refuge, which has only acquired 11,800 acres of the 21,820 acres that congress envisioned necessary to protect wetlands and wildlife resources of international importance; and

 

WHEREAS, Green Acres loan funding can be used for the development of land for outdoor recreation and conservation purposes, which must be accessible to the public; and

 

WHEREAS, nineteen other counties in the state regularly apply for and receive matching funds from the State Green Acres Program; and

 

WHEREAS, on November 9, 1989, Cape May County voters approved, by a two to one margin, a ballot question endorsing the establishment of a trust fund to preserve open space and agricultural lands; and

 

WHEREAS, the Trust is funded by a county property tax of one cent per $100 of assessed valuation and raised $5.5 million toward land preservation last year; and

 

WHEREAS, the 2007 Cape May County Open Space and Recreation Plan recognizes that open space is of special importance to the County’s future; and

 

WHEREAS, the 2007 Cape May County Open Space and Recreation Plan recognizes that the County has an open space deficit of 4,001 acres and is in need of additional public recreational land and open space and therefore, recommends the maintenance and expansion of the existing County Park System, and the continuation of the County’s Open Space Preservation Program in conjunction and coordination with other public and private open space preservation programs; and

 

WHEREAS, the County Comprehensive Plan states that the County Open Space and Farmland Preservation Program, in conjunction with State Green Acres and other programs and land trusts, is expected to reduce the County open space deficit; and

 

WHEREAS, two goals of the Open Space and Recreation Plan are to encourage coordinated open space and recreation planning, acquisition and development initiatives of state, county, and local governments and conservation organizations; and to effectively use funds from the Cape May County Open Space and Farmland Preservation Program, and other sources of funding that may become available; and

 

WHEREAS, Cape May County residents voted 52% in favor of the 2009 Statewide Open Space Bond Referendum and therefore urge the County to leverage dedicated tax dollars with voter-approved Garden State Preservation Trust dollars to support open space projects; and

 

WHEREAS, County Trust fund monies should be equally allocated towards farmland preservation and open space projects; and

 

WHEREAS, ecotourism in Cape May County generates over $522 million annually; and

 

WHEREAS, over $260 million was approved through the last funding round of the “2009 Green Acres Bond Act” for local government open space acquisition and park development projects;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , to request Cape May County Freeholders to consider submitting a NJDEP Green Acres Program Local Government Assistance Application for Land Acquisition and Park Development.

 

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. 683-11

 

WHEREAS, there exists the need for the “Professional Services” of an ANIMAL CONTROL OFFICER to be retained by the Borough for the performance of animal control, animal cruelty investigation, wildlife removal and road kill disposal services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

         WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

         WHEREAS, Tri-County Animal Control Services, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Tri-County Animal Control Services, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing December 22, 2011 to any political committee or candidate through the term of this contract;

 

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

 

         1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with TRI-COUNTY ANIMAL CONTROL SERVICES, L.L.C., who shall be compensated by voucher at the rate payable in monthly installments of $750.00 through December 31, 2012, contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as the governing body setting sufficient funds in the 2012 Municipal Budget, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Animal Control Officer is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

         3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

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

 

         5.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 684-11

 

WHEREAS, the Wildwood Crest Rescue Squad periodically is required to transport patients to Atlantic City Medical Center ; and

 

WHEREAS, it is necessary that an agreement be entered into between the Borough of Wildwood Crest and Atlantic City Medical Center for basic life support ambulance services; and

 

WHEREAS, it is also necessary that a HIPAA Business Associate Addendum be executed in conformance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191;

 

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, that the Mayor and Borough Clerk be, and they are hereby authorized and empowered to execute an Agreement entitled “MICU Transport Billing Agreement Between Atlantic City Medical Center and Borough of Wildwood Crest Emergency Medical Services,” as well as the “HIPAA Business Associate Addendum” between the Borough of Wildwood Crest and AtlantiCare Regional Medical Center.

 

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. 685-11

 

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of computer technology support services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

         WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

         WHEREAS, South Jersey Technology Partnership has completed and submitted a Business Entity Disclosure Certification which certifies that South Jersey Technology Partnership will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing December 22, 2011 to any political committee or candidate through the term of this contract.

 

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

 

         1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with South Jersey Technology Partnership, who shall be compensated by voucher at the agreed upon rate of $7,500.00 per year for comprehensive remote network monitoring and administration services for 2012, contingent upon certification below from the Chief Financial Officer as to the availability of funds as well as the governing body setting sufficient funds in the 2012 municipal budget, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said South Jersey Technology Partnership is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

         3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

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

 

         5.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 686-11

 

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. 687-11

 

Authorizing the Borough of Wildwood Crest to

Execute an Extension of a Shared Services Agreement

With the City of North Wildwood Pertaining to

Municipal Construction Official

 

 

WHEREAS, pursuant to Resolution No. 134-09 adopted November 4, 2009, the Borough of Wildwood Crest and the City of North Wildwood entered into a Shared Services Agreement dated November 4, 2009 pertaining to the Municipal Construction Official; and

 

WHEREAS, said agreement provides for a term of one year, terminating December 31, 2011; and

 

WHEREAS, said agreement also provides for the extension of said agreement from year to year, on the same terms and conditions, by mutual agreement and resolution of the parties; and

 

WHEREAS, it is the desire of the governing body to extend said agreement for an additional one year term, effective January 1, 2012 and terminating December 31, 2012;

 

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 the Mayor and Borough Clerk be and they are hereby authorized to execute any and all documents necessary to effectuate the extension of said Shared Services Agreement with the City of North Wildwood pertaining to Municipal Construction Official for an additional one year term, effective January 1, 2012 and terminating December 31, 2012.

 

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. 688-11

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with POGUE SAFETY & HEALTH CONSORTIUM be and the same is hereby authorized and approved effective immediately and through December 31, 2012, for the express purpose of enabling said POGUE SAFETY & HEALTH CONSORTIUM to develop, schedule, and provide alcohol and drug testing services at a total cost of Fifty-Eight ($58.00) Dollars per employee trained, for all CDL (Commercial Driver’s License) operators employed by the Borough of Wildwood Crest; said compliance being required by the federally mandated CDL testing procedures which are made a part hereof by reference as if fully set forth.

 

BE IT FURTHER RESOLVED that the Commissioner of Revenue and Finance and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds below from the CFO.

 

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. 689-11

 

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

 

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

 

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

 

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

 

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

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2012 or upon expiration of a listed vendor’s State Contract (Attachment A), whichever event first occurs.

 

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. 690-11

 

WHEREAS, the Wildwood Crest Police Department is desirous of having Recruits Michael S. Reardon and Dylan J. Keenan-Hannum attend the Cape May County Police Academy; and

 

WHEREAS, the governing body of the Borough of Wildwood Crest has concluded that this would be in the best interests of the Wildwood Crest Police Department, and wishes to authorize same;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that Recruits Michael S. Reardon and Dylan J. Keenan-Hannum be and they are hereby authorized to attend the Cape May County Police Academy on behalf of the Wildwood Crest Police Department.

 

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. 691-11

 

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:

 

 

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. 692-11

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest is in receipt of $202,050.02 from the State of New Jersey, Department of Community Affairs, Division of Urban Enterprise Zones and wishes to amend its 2011 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2011 in the sum of                                                                        $................................................................    202,050.02

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

New Jersey Department of Community Affairs -

2011 UEZ Assistance Funds                                                                                     $    202,050.02

 

BE IT FURTHER RESOLVED that a like sum of                $                                                                                   202,050.02

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(a)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

2011 UEZ Assistance Funds

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government 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. 693-11

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest is in receipt of $11,728.73 from the State of New Jersey, Department of Community Affairs, Division of Urban Enterprise Zones and wishes to amend its 2011 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2011 in the sum of                                                                        $         11,728.73

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

New Jersey Department of Community Affairs -

2011 UEZ Administrative Budget                                                                            $   11,728.73

 

BE IT FURTHER RESOLVED that a like sum of                $                                                                               11,728.73

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(b)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

2011 UEZ Administrative Budget

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government 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. 694-11

 

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 to void the following checks issued against Borough of Wildwood Crest Disbursement Account at Crest Savings Bank (Acct. No. 54-901557-9):

 

 

 

Check #                               Check Date                         Payable To                                        Amount

 

30425                                  01/27/2010                         Comcast                              $      169.95

30524                                  02/10/2010                         Ann Wierzbicki                           105.84

30807                                  04/14/2010                         Lynn Ribicki                            1,261.94

31002                                  05/26/2010                         Meter Products, Inc.                   250.00

31695                                  10/06/2010                         Marjorie Preston                         225.00

 

                                             TOTAL AUTHORIZED TO BE VOIDED                   $    2,012.73

 

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. 695-11

 

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 to void the following check issued against Borough of Wildwood Crest Trust Escrow Account at Crest Savings Bank (Acct. No. 54-901560-3):

 

 

 

Check #                               Check Date                         Payable To                                          Amount

 

1589                                    09/09/2009                         Philadelphia Newspapers          $      592.08

 

 

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. 696-11

 

WHEREAS, the Borough of Wildwood Crest adopted Emergency Appropriation Resolutions totaling $50,000.00 in CY 2011 for the purpose of funding emergency bulkhead repairs; and

 

WHEREAS, it is now apparent that the entire $50,000.00 of emergency appropriations will not be required in calendar year 2011 to fund said emergencies and there remains an unencumbered balance of $7,704.08 which the governing body is desirous of cancelling.

 

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 cancel the unencumbered balance of $7,704.08 CY 2011 emergency appropriations.

 

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. 697-11

 

WHEREAS, N.J.S.A. 40A:4-60 provides that unexpended balances of budget appropriations may be canceled prior to the end of the fiscal year; and

 

WHEREAS, it is deemed to be in the best financial interest of the Borough of Wildwood Crest to cancel unexpended 2011 appropriation balances.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that unexpended 2011 appropriation balances be and are hereby authorized to be canceled as follows:

 

Appropriation Title                                                                       Amount Authorized to be Canceled

 

Recreation – S&W                                                                              $                           6,860.36              

Fire Department – S&W                                                                                                     577.00

Police – S&W                                                                                                                 51,761.48

Tourism – S&W                                                                                                                4,436.75

Land Use – S&W                                                                                                              7,364.85

Lifeguards – S&W                                                                                                           3,925.85

Ambulance Service – S&W                                                                                          23,395.05

Municipal Court – S&W                                                                                                 4,445.81

Environmental Commission – S&W                                                                                200.00

Traffic Safety – S&W                                                                                                         130.14

Fire Official – S&W                                                                                                         3,485.52

Borough Administration – S&W                                                                                       119.12

Financial Administration – S&W                                                                                     993.52

Assessment of Taxes – S&W                                                                                         7,350.35

Collection of Taxes – S&W                                                                                            1,595.24

Construction Official – S&W                                                                                         1,016.10

Director of Revenue and Finance – S&W                                                                    1,600.06

Code Enforcement – S&W                                                                                                                      1,773.51

Beach Maintenance – S&W                                                                                           4,458.36

Public Works – S&W                                                                                                    20,741.88

Sanitation – S&W                                                                                                          29,169.62

Recycling – S&W                                                                                                          37,940.49

Sewerage – S&W                                                                                                              4,119.04

Public Buildings – S&W                                                                                               13,449.75

Parks and Playgrounds – S&W                                                                                    18,926.05

Fleet Maintenance – S&W                                                                                                                       1,866.63

Director of Public Works – S&W                                                                                            .06

Emergency Management – S&W                                                                                             .12

Matching Funds for Grants                                                                                          16,000.00

Prior Year Bills                                                                                                                 2,856.68

Interest on Notes                                                                                                                    30.00

NJEIT Principal                                                                                                                          .83

 

TOTAL AUTHORIZED TO BE CANCELLED                                $                      270,590.22

 

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that the CFO had notified all department heads that all expenditures should be withheld until after January 4, 2012 when the 2012 Temporary Budget will be in place.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, 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 November 30, 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 November 21, 2011 and December 5, 2011, as well as the closed session held December 5, 2011, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was the 2012 Capital Improvements. The Clerk inquired if the CFO had been provided with direction. Mr. Groon responded that the matter will be held for the January 4, 2012 meeting.

 

With regard to the Boardwalk/Bike Path Connector, the Clerk reported that the request had been made that the $202,000 from UEZ be provided as the Borough’s portion of the project. The City of Wildwood has indicated that they have partial funding, but is awaiting final approval from Small Cities.

 

Mr. Groon reported that the naming of the Rambler Road Park had been sent to the Recreation Commission for suggestions. Mr. Cabrera reported that there are no developments to report.

 

With regard to the Borough Memorial Bench Policy, Mr. Cabrera and the Public Works staff made a presentation. Mr. Cabrera stated that there are many benches throughout the Borough, some of which are dedicated. The benches are of various types. He indicated that the attempt was made to decide whether to continue the Memorial Bench program, and if so, where, what type of bench, and how much would be charged. In the presentation, there were photos of various types of benches being considered. The Assistant Public Works Superintendent reported that there are currently 230 benches throughout the Borough, and of those, 136 are dedicated. Of the 136 currently dedicated, it was his opinion that 22 would be classified as in good condition, i.e., not a safety hazard or an eyesore. Out of the 136 dedicated benches, 77 are from the year 2007 or older; 25 are from 2008 or newer; with a remaining 33 benches with no records existing. Of the remaining total benches, 27 are concrete with blue slats; 58 are the newer powder coated material; 2 are marble benches; 2 are wood wrap around style at the gazebo. Of the 136 dedicated benches, 114 are in need of repair. There are also 141 non-dedicated benches needing to be replaced.

 

The bench being considered is on State Contract. It is a six foot fence with a steel powder coated base and recycled wood slat materials. It also contains an inlaid bronze plaque. The total cost is approximately $850.

 

The plan would be to contact anyone who has a dedicated bench from 2008 or newer and give them the first opportunity to re-dedicate a bench or possibly grandfather them in.

 

The vendor under the State Contract requires a minimum purchase of 50 benches. It was reported that approximately 100 benches, at minimum, would be required.

 

Mrs. Gould stated that the program started in approximately 1989 or 1990. It was her opinion that it is a good program because many people who dedicate benches are strictly summer residents. She stated that the cost of $850 will be prohibitive to most people. It was her understanding that the purpose of the program was to help the community, to provide a service and not to make a profit for the municipality. She suggested charging $400 or $450 per bench. She also disagreed with the plan to have dedications only in May of each year.

 

Mr. Cabrera indicated that he also is in favor of the program.  He stated that the purpose of the once per year dedication was because the administration of the program is extensive. The desire is to streamline the program. He stressed that the Borough continues to own the bench, and the public is “renting” the space to put a plaque on the bench. The suggestion would be to charge $500 for a five year “rental” of a bench.

 

The Public Works Superintendent interjected that the taxpayer is paying the difference between the cost of the bench and what would be charged to dedicate the bench. It was his understanding that the objective was to cover the cost of the bench in charging for a dedication. Additionally, due to the salt water environment in Wildwood Crest, benches do not last long, perhaps three to five years. Mrs. Gould inquired as to the life expectancy of the suggested benches. The Superintendent responded that since they are made of recycled plastic, it should be 15 to 30 years.

 

The Assistant Superintendent interjected that the City of Cape May charges $1,200 and the City of Wildwood charges $1,000 per bench.

 

Mr. Groon stated that his initial reaction was that the Borough will have benches in any event, whether they are dedicated or not. He inquired if the Public Works staff was considering a cost for installation. The Assistant Superintendent responded that the cost per bench the cost of the bench was $800 with $50 shipping. Mr. Groon asked for confirmation that the cost for dedication would be $850 installed.

 

Mr. Groon stated that purchasing off State Contract would not guarantee that the bench would remain the same every year. The Assistant Superintendent concurred. Mr. Groon went on to state that in that event there would be different types of benches and materials each year. He asked how that would be controlled. He stated that no matter what is decided regarding dedication, he would prefer to have the same type of bench going forward.

 

Mr. Groon went on to state that he saw no reference to site limitation. He asked if a bench could be dedicated in any location. The Assistant Superintendent responded that he was asking for direction from the governing body in that regard. Mr. Cabrera stated that he has sent a memorandum in July regarding that matter. He had suggested Sunset Lake, the Bike Path, Primrose Park, Bayview Park, the Little League Fields, and the current library, all of which contain dedicated benches. Additionally, the governing body would have to decide whether the permit them at Heather Road pier, Centennial Park, Rosemary Park, Scoop Taylor Park, the tennis courts, the new Rambler Road Park, and all Borough recreation buildings. It was Mr. Cabrera’s opinion that the style of bench being proposed would not be suitable for all locations.

 

Mr. Groon inquired as to what would be done with dedicated benches older than 2008, as well as the dedications prior to 2008. The Assistant Superintendent responded that it was his understanding that their term has expired. He suggested contacting the persons making the dedication and provide them the first opportunity to re-dedicate the bench. Mr. Groon inquired as to the number of those benches. The response was from 2007 and older there were 77.

 

Mr. Groon suggested revisiting the matter at the January 4, 2012 meeting in order to provide the governing body with the opportunity to review the matter more fully.

 

Mrs. Gould suggested in lieu of benches, perhaps a “board” of some type could be erected at the approved locations and plaques could be added to the board as a dedication.

 

The next matter for discussion was the Cape May County Wayfinding Signage. Mr. Groon reported that he attended a meeting with Freeholder Sheppard regarding signage and “branding” for each community in Cape May County. The Assistant Recreation Supervisor also attended the meeting. He reported that the idea stemmed from a presentation made by a nationally renowned tourism expert, who suggested providing travelers with “wayfinding” signage to help them to their locations. The main comment was that Cape May County, as a whole, did not have very good signage providing direction for tourists. Mr. Cabrera stated his opinion that it is a “great idea.” The Assistant Supervisor went on to state that the “branding” issue is that every town should try to develop their own “brand” to make it attractive to tourists. Mr. Groon interjected that the County is looking to incorporate each municipality’s logo into the signage. He suggested turning the matter of the Borough’s logo over to the recreation department to develop a logo. Mr. Cabrera suggested that the Borough needs a professional to develop a logo.

 

With regard to the Rambler Road Park playground, Mr. Cabrera stated that part of the reconstruction of the park is the playground area. Funding will be required in 2012 to fund the playground. The initial estimate was $75,000. In reviewing the playground that existed prior to demolition, it can be seen that there has always been a problem with rusting. Mr. Cabrera provided three concept drawings for review by the governing body. He then requested an increase in funding from $75,000 to $125,000 for the playground.

 

The governing body, in conjunction with the Borough Engineer, reviewed the proposed plans, and discussed the options. It was decided that the members of the governing body, individually, would provide their comments to the Clerk before the January 4, 2012 meeting.

 

Jessica Dare, on behalf of the American Littoral Society, thanked the governing body for adopting the resolution earlier in the meeting requesting the Cape May County Freeholders to make application to the New Jersey Department of Environmental Protection, Green Acres Program. She indicated that Wildwood Crest makes the tenth municipality in Cape May County to adopt such a resolution.

 

There being no further public comments, or matters for discussion in open session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 698-11

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:        January 25, 2012

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX