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Minutes of Commissioners Meeting   -   November 9, 2005

Note:  Complete Meeting Appears on Tape #29-05 on File in the Borough Clerk’s Office November 9, 2005
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:

                    Cabrera – Groon – Yes                            Gould - Absent

 

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 and The Press on December 6, 2004.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 985 be placed on second reading and final passage by title only.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 985

AN ORDINANCE ESTABLISHING A POLICY BY THE BOROUGH OF

WILDWOOD CREST FOR COMPLIANCE WITH ARTICLE 8, SECTION 3,

SUBPARAGRAPH 3 OF THE CONSTITUTION OF THE STATE OF NEW

JERSEY AS TO THE PROHIBITION OF DONATIONS OF LAND AND

APPROPRIATIONS OF PUBLIC FUNDS

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 985.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

There being no public comments, Mr. Cabrera motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 985 be closed.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 985 be passed on second and final reading and advertised according to law.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 986 be placed on second reading and final passage by title only.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 986

BOND ORDINANCE APPROPRIATING $1,620,000, AND

AUTHORIZING THE ISSUANCE OF $1,542,700 BONDS OR

NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance4 No. 986.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 986 be closed.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 986 be passed on second and final reading and advertised according to law.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 987 be placed on second reading and final passage by title only.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 987

AN ORDINANCE PROVIDING FOR THE PURCHASE AND

INSTALLATION OF TIDEFLEX VALVES AT THE CRESSE

AVENUE AND MORNING GLORY ROAD STREET

END BULKHEADS

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 987.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 987 be closed.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 987 be passed on second and final reading and advertised according to law.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 988

AN ORDINANCE AUGMENTING AND AMENDING THE LAND

DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD

CREST, CHAPTER 85, ARTICLE XV, DESIGN STANDARDS FOR

SUBDIVISIONS AND SITE PLANS, SECTION 85-89D, PARKING,

LOADING, STORAGE AND RECYCLING, OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE

NO. 916 ADOPTED AUGUST 28, 2002

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 988 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 7, 2005 at 9:30 a.m.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 989

AN ORDINANCE AUGMENTING AND AMENDING THE LAND

DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD

CREST, CHAPTER 85, ARTICLE XVI, ZONING BOARD OF ADJUSTMENT

AND PLANNING BOARD, SECTION 85-122B2, PROVISIONS APPLICABLE

TO BOTH THE PLANNING BOARD AND THE ZONING BOARD OF

ADJUSTMENT, SECTION 85-129, APPLICATION REQUIREMENTS,

SECTION 85-131A, SUBMISSION OF MINOR SUBDIVISION PLOTS AND

MINOR SITE PLANS, SECTION 85-132A, SUBMISSIONS OF PRELIMINARY

MAJOR SUBDIVISION PLOTS AND PRELIMINARY MAJOR SITE PLANS,

SECTION 85-133A, SUBMISSION OF FINAL MAJOR SUBDIVISION PLOTS

AND FINAL MAJOR SITE PLANS, PROCEDURES FOR SUBMITTING FINAL

PLOTS OR PLANS, AND ARTICLE XVIII, GUARANTEES, INSPECTIONS

AND OFF TRACT IMPROVEMENTS, SECTION 85-139A, FEES OF THE

CODE OF THE BOROUGH OF WILDWOOD CREST

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 989 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 7, 2005 at 9:30 a.m.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 118-05

(Authorizing support for the passage of state legislation to foster

better competition among cable providers which will result in lower rates)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 119-05

(Authorizing Tax Collector to conduct a tax sale in 2005 and to hold out,

temporarily, any such properties so authorized in accordance with law)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 120-05

(Authorizing adoption of Calendar Year 2006 Commission Meeting Schedule

in compliance with the annual meeting notice requirements)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 121-05

(Authorizing change of legal advertising to The Herald and The Press)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

The Clerk reported for the record that the change of official newspaper was necessitated by the discontinuation by the Gazette-Leader of legal advertising as of December 2005.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 122-05

(Authorizing the CFO to issue a refund to Harriet S. Jackson in conjunction

with a duplicate ambulance transport payment)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 123-05

(Authorizing the CFO to issue a refund to Adaline M. Aspenburg in

conjunction with a duplicate ambulance transport payment)

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

The Clerk reported that the Commissioners had been presented with the 2006 Holiday Schedule, which conforms to all provisions of existing contracts between the Borough and the various employee union groups. The schedule maintains the number of holidays at 14 and specifies the dates in accordance therewith. The Clerk requested a motion to approve the 2006 Holiday Schedule.

Mr. Cabrera motioned, seconded by Mr. Groon, that the 2006 Holiday Schedule be approved as presented.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

The Clerk reported that, based upon meetings between Mr. Groon, the Clerk and representatives of the Fishing Club, the intent would be, for consideration by the full governing body, that parking no longer be permitted on the premises abutting the Fishing Pier for calendar year 2006, but that access would be provided to current members through 2006 at the actual pier and terminating at the commencement of calendar year 2007. Mr. Groon interjected that the agreement with the Fishing Club will be expiring in March 2007, the date upon which the Tidelands License would renew. Mr. Groon asked that the police department be informed. He also asked that Mr. Cabrera determine through the Public Works Department how the access can be closed off to limit vehicular access to the parking just off the beach, but across the bike path, at that location.  Both Messrs. Groon and Cabrera were in complete agreement with the plan of action as stated by the Clerk.

 

The Clerk reported that, based upon previous discussions, it would be the intent to continue to authorize the Chief Financial Officer to proceed with his current methodology/charges for the administration of the GWTIDA billing. Mr. Groon and Mr. Cabrera responded in the affirmative.

The Clerk reported that the matter of beach vending is still “on hold” pending Mr. Cabrera’s further research into the matter.

 

The Clerk reported that the revised fee schedule ordinance is being drafted; that Mrs. Gould has met with various personnel in an attempt to change some of the fees to accommodate the Borough’s increased costs. The Clerk added that it is his hope that the matter will be presented for full consideration by the Board of Commissioners at the last meeting in November 2005.

 

The Clerk then reported that the Solicitor is working on amending the Taxi License Ordinance with regard to the residency requirement for all license holders.

 

Barbara Stoltz, 106 West Rosemary Road , reminded the Commissioners that she had spoken to them at meetings in September and October concerning contamination of the water wells from the Lower Township Sanitary Landfill. She inquired if any investigation had been commenced into the matter. Mr. Cabrera responded that the Borough Engineer is researching the matter, and a written report is anticipated shortly. He added that the verbal indication received from the Engineer was that the State governs that area and the State has approved the water quality. Mr. Cabrera thanked Ms. Stoltz for bringing the matter to the attention of the Board of Commissioners. Ms. Stoltz inquired who would be providing the report to the Borough. Mr. Cabrera responded that it would be Van Note-Harvey Associates, the Borough’s Engineer. Ms. Stoltz indicated that she has received a packet of information from the DEP Commissioner and provided copies to the Board of Commissioners together with a copy of her response letter. Mr. Groon thanked Ms. Stoltz for the information.

 

The final matter scheduled for this evening’s commission meeting was a closed session, necessary due to on-going potential litigation/negotiation.  Specifically, the matters necessitating discussion involved the Township of Lower with respect to EMS being provided to the Diamond Beach section of Lower Township and the development project on the Borough’s westerly border involving the Bayview Corporation.  There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 124-05

(Closed session – emergency response and land use issues with Lower Township )

 

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

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

Upon returning from closed session, the Clerk reported to the members of the public present that he did not anticipate any additional action to be taken by the governing body since discussions are on-going with respect to the matters scheduled for closed session.

 

 

There being no further discussions, Mr. Cabrera motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Cabrera-Groon-Yes                                 Gould-Absent

 

Dated:        November 21, 2005

Kevin M. Yecco, Borough Clerk

 

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