BOROUGH GOVERNMENT
HOME PAGE
BOROUGH PHONE DIRECTORY
COMMISSIONERS
CARL GROON, MAYOR
JOYCE GOULD
DON CABRERA
SCHEDULE OF MEETINGS
MINUTES OF MEETINGS
BOROUGH CODE NEW!
MUNICIPAL CLERK
BOROUGH TREASURER / CFO
PURCHASING AGENT
TAX ASSESSOR
TAX COLLECTOR
  TAX MAPS - PDF File NEW!
BOROUGH SOLICITOR
MUNICIPAL COURT
ZONING OFFICIAL
Land Use Regulations
Zoning Permit Applications
CONSTRUCTION OFFICE NEW!
CODE ENFORCEMENT
Fire Prevention
LAND USE OFFICE
ENVIRONMENTAL COMMISSION
TOURISM COMMISSION
BOARD OF EDUCATION
 
BOROUGH DEPARTMENTS
ANIMAL CONTROL OFFICER
CMC Animal Shelter
BEACH PATROL
Lifeguard Association
EMERG. MEDICAL / RESCUE
FIRE DEPARTMENT
Volunteer Fire Company
FIRE PREVENTION BUREAU
POLICE DEPARTMENT
PUBLIC SAFETY DEPARTMENT
RECREATION
Recreation Facilities Rental Information
Crest Pier Day Camp Information
Pool Schedule & Fees
Tennis Court Information
Festival and Craft Show Information
PUBLIC WORKS DEPARTMENT
TRASH & RECYCLING
 
COMMUNITY FEATURES
Getting Married in Wildwood Crest
2011 BOROUGH SUMMER ACTIVITIES
NEW RESIDENTS' INFORMATION
Flood Protection/Insurance Information
TOURISM & VACATION INFORMATION
STREET MAPS of Wildwood Crest
  LOCAL TIDE TABLES
LOCAL ORGANIZATIONS
WILDWOOD CONVENTION CENTER
CHURCHES
PUBLIC LIBRARY
CREST MEMORIAL SCHOOL
CREST HISTORICAL SOCIETY
  LOCAL LINKS 
 

 

 

 

   

VISIT THE WEBSITE OF THE

www.cresthistory.org

 
   

Attention Crest Residents!
Have an idea, listing, feature or comment on the web site?
CLICK HERE

 

 

Minutes of Commissioners Meeting   -   January 10, 2007

Note:  Complete Meeting Appears on Tape #1-07  on File in the Borough Clerk’s Office January 10, 2007
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 Commissioners’ Meeting 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 and The Press on November 9, 2006.

 

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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1025

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST KNOWN AS THE “SALARY ORDINANCE” FIXING AND DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE RAISING OF THE AMOUNTS THEREOF BY TAXATION AND THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1025 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 24, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 410-07

(Authorizing adoption of the 2007 Temporary Budget)

 

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. 411-07

(Authorizing agreement with Commerce Risk Control Services for 2007 CDL Random Drug and Alcohol Testing Program at the not to exceed amount of $58 per CDL Driver/Operator)

 

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. 412-07

(Authorizing re-appointment of William Forrest to the Environmental Commission for a term of three years, expiring December 31, 2009)

 

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. 413-07

(Authorizing re-appointment of Ed Masterson to the Recreation Commission for a term of three years, expiring December 31, 2009)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 414-07

(Authorizing re-appointment of Steve Tecco to the Tourism Commission for a term of two years, expiring December 31, 2008)

 

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

Vote:          Gould-No                                                Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 415-07

(Authorizing re-appointment of Fred Spiewak to the Zoning Board for term of four years, expiring December 31, 2010)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 416-07

(Authorizing appointment of Deborah Rogers as a Member of the Zoning Board for a term of four years, replacing Joseph Bada, said term expiring December 31, 2010)

 

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. 417-07

(Authorizing appointment of Dennis Travascio to the Zoning Board as Alternate Member, replacing Deborah Rogers, for a term of two years, expiring December 31, 2008)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 418-07

(Authorizing execution of an agreement for participation in the 2007 Joint Insurance Fund Safety Incentive Program)

 

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. 419-07

(Authorizing Tax/Sewer Interest Rate, Grace Period, and Year-end Penalty for 2007)

 

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

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 420-07

(Authorizing award of Professional Services Contract with Eastern IT for information technology services in conjunction with installation of fully integrated Borough-wide computer system, at the not to exceed contract amount of $30,495)

 

Mr. Groon 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. 421-07

(Authorizing award of successor agreement with PBA Local #59, for period January 1, 2006 through December 31, 2009 for all police officers below the rank of Lieutenant)

 

Mr. Groon 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. 422-07

(Authorizing adoption of the Cash Management Plan of the Borough)

 

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. 423-07

(Authorizing Notice to Bidders for 2007 Ford Expedition, or Equivalent)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk provided the Board of Commissioners with a request from the Greater Wildwood Little League with respect to “Sticker Stadium” and their proposal for improvements to the field. The Clerk indicated that the letter received was not specific as to scope of the project. He added that other issues to be considered were that the land is owned by the Borough of Wildwood Crest and, as such, approval of the project would have to come from the governing body and the Borough would have to proceed as necessary before the appropriate land use board for required approvals unless that authority was relinquished by the Borough.  Additionally, there was an indication in the letter that funding “may be available” and the Clerk stressed that a firm commitment for funding should be required prior to proceeding with authorization. Finally, the Clerk indicated that the potential response from the Solicitor should include an indication that the Borough reserves the right to remove any of the improvements made as the Borough deems appropriate or necessary in that the land is not dedicated for the purposes under which the request is being sought.

 

The Solicitor indicated her opinion that the matter should go before the Planning Board because the Planning Board would need to review the request on an informal basis and provide the Board of Commissioners with any input that the Planning Board might have, especially with regard to whether the structures must be temporary in nature or easily removable and would not constitute any permanent structures on the property.

 

The Clerk inquired if the Solicitor thought an endorsement from the governing body, as the owner of the land, would be necessary before any application or appearance was made to the Planning Board. The Solicitor responded that the Little League could go before the Planning Board with an informal request and no formal action to be taken by the Planning Board. She added that two of the Commissioners sit on the Planning Board, and they could indicate to the Planning Board that authorization has been granted for an informal review of the request. She went on to state that the Borough has always required that. The Solicitor indicated that the ultimate decision as to whether the project would be allowed rests solely with the Board of Commissioners.

 

Mr. Groon indicated that under the Borough’s Land Use Ordinance, a recreation field is not a permitted use in that zone, and he inquired if the Zoning Board would have to also review the application. The Clerk responded that because of all of the other issues involved, the Planning Board would be the appropriate venue. The Solicitor added that, because the Borough owns the land, a use variance would not be necessary. She concurred with the Clerk that the Planning Board would be the appropriate venue.

 

The Clerk inquired if Commissioner Cabrera should recuse himself from any decisions in this matter since he is a Board Member of the Greater Wildwood Little League. The Solicitor responded, “definitely.” The Clerk went on to state that it would avoid any potential conflict.

 

Mr. Groon indicated that the Clerk had earlier stated that the land is not dedicated, and Mr. Groon expressed his support of that non-dedication continuing. Mr. Groon added that he had no problem with the improvements being requested, and saw no reason not to support the improvements so long as it is understood that it is not a dedicated purpose and that the improvements could be removed at some future date. He added that he did have questions about how far the improvements should go, specifically with regard to lighting, and he thought a discussion should be opened to talk about the level of the Borough’s obligation.

 

Mrs. Gould inquired as to the cost of the proposed improvements. A member of the audience representing the Little League responded that it would be approximately $17,000. Mrs. Gould inquired if the Little League has raised any of the funds. The response was that a grant had been applied for. Mrs. Gould inquired as to what would happen if the grant is denied. The response was that the Little League would request donations. The Clerk interjected that the member of the audience was Kathleen Kelly, President of the Greater Wildwood Little League.

 

Mrs. Gould indicated that the next Planning Board meeting would be February 1, 2007. The Clerk inquired if Mrs. Gould was indicating her support of the project moving forward. Mrs. Gould responded in the affirmative.

 

Robert Neri, another member of the Little League, inquired as to the comments about permanent structures. He indicated that the proposed dug-outs would be somewhat permanent structures. He inquired as to how the Little League could deal with that aspect of the project. The Clerk responded that, with respect to permanent structures, if the Borough of Wildwood Crest should in the future determine that those structures should be removed, they will be removed. Mr. Neri inquired as to the terminology of “temporary structure,” asking how a dug-out could be made to be temporary. The Solicitor responded that that would be one of the reasons to go before the Planning Board. She added that the Planning Board may make a determination as to permanency, or make a comment or recommendation with regard to that. She added that because it would be an informal review, and the Borough is the owner of the land, ultimately the final decision will be made by the Board of Commissioners. She indicated that prior governing bodies have never made such a determination without input from the Planning Board.

 

Mr. Cabrera stated that no matter whether the Little League provides the funding or the Borough provides the funding, any improvements made will ultimately become the property of the Borough. The response was in the affirmative. Mr. Cabrera continued by asking if it would not be a better idea to have the Little League make a contribution to the Borough in the form of a Chapter 159 and have the Borough do the work. The CFO responded that it would make no difference. Mr. Cabrera went on to state his opinion that the ultimate goal is to get improvements done to the field. The CFO interjected that he had heard Mr. Neri talk about time constraints and wanting the project completed before the 2007 Little League season; it was the CFO’s opinion that with the Borough undertaking the project as suggested by Mr. Cabrera, it will slow the process down. Mr. Neri added that the other concern was that some of the work will be donated by local contractors.

 

The Clerk interjected that the Borough would require hold harmless agreements and verification of insurance, etc. from any contractors and the Little League if approval is granted and prior to any the commencement of work.

 

Mr. Neri inquired as to what would be needed from the Little League in order to appear before the Planning Board. The Clerk responded that the Little League can indicate to the Planning Board that at this meeting they had received authorization from the Board of Commissioners, the owner of the land, to pursue the project. Mr. Neri inquired if the Little League would have to file a formal application to appear before the Planning Board. The Clerk responded that at least they would have to be placed on the agenda through the Land Use Secretary. The Solicitor interjected that they should talk to the Land Use Secretary about getting on the agenda for an informal review of the project. Mr. Groon indicated his understanding that the Land Use Secretary already had the information packet supplied to the governing body. Mr. Neri responded that she did. Mr. Groon went on to state his opinion that the Land Use Secretary can place the matter on the agenda for the Planning Board review. The Clerk suggested that should there be any problems, the Planning Board Solicitor be requested to contact the Borough Solicitor for clarification.

 

The next matter for discussion was the Wildwood Water Utility Agreement. The Clerk circulated a copy of the proposed agreement. He requested the Solicitor’s input as to how to proceed. The Solicitor indicated that she had received no comments from the CFO with regard to the proposed Agreement, and she inquired if it was part of what was agreed to before. The CFO responded that the agreement was first circulated in December 2004 and no action has been taken during that time. The Clerk suggested that the CFO make his comments to the Solicitor for future recommendation to the governing body.

 

The next matter for discussion was the proposed County Facilities and Services Interlocal Agreement. The Clerk distributed the proposed agreement and requested that the Solicitor review it for future recommendation to the governing body. Mr. Groon stated that because of the “emergency” nature of the document, it was his opinion the Borough should come to some agreement with the County to “help the Borough out” during tough times. However, he added that he was concerned that the agreement could lead to some type of trouble since it would be difficult to manage with all of the municipalities sharing facilities and services. Mrs. Gould inquired if a contact person had been determined. Mr. Groon responded that he was waiting for the governing body to reach a consensus.

 

Mr. Cabrera interjected that since the Borough is limited in staff and equipment, he saw no harm in participating in the project. Other than that, he did not know if there would be any other commitments contained in the document that would be detrimental to the Borough. Mr. Groon responded that in that regard it would be beneficial to the Borough. Mr. Cabrera inquired as to whom the County was looking for to be the designated contact person. The Clerk responded that at some point the County would want a designated contact person, but that determination has not yet been made. A desire of the governing body to participate would have to be determined first.

 

The Solicitor inquired of Mr. Groon whether he was in agreement with this proposed agreement without first resolving the current Interlocal services agreement with regard to emergency response. Mr. Groon responded that it was his understanding that the emergency response agreement is “close to being resolved.” The Solicitor indicated her concern that until that matter is resolved, any references to emergency equipment might also commit the use of the Borough’s HazMat. Mr. Groon responded that he has received information that there is a HazMat agreement in effect for another year. The Chief of Police indicated it was two years.

 

Mr. Groon suggested that Mr. Cabrera spend some time reviewing the proposed agreement since most of the services would impact Public Works, and then make his recommendations to the governing body. After that a determination by the full governing body can be made, as well as a designated contact person.

 

The Clerk indicated that the only other item to be discussed was the matter of the revaluation. He reported that the Borough received one bid notwithstanding the fact that letters seeking bids from all firms within the State of New Jersey were sent out by the Assessor. He added that the indication in the one bid received, which was in the vicinity of $334,000, was that there was an exception of instead of having the revaluation completed by the end of 2007 for the 2008 tax year, they would complete the work by the end of 2008 for the 2009 tax year. The Clerk provided a report of that information to the Commissioners, the CFO, and the Solicitor, indicating that that exception “changes the playing field” because other bidders may have potentially considered bidding if they had been provided the same option. It was the Clerk’s opinion that the bid would have to be rejected; the Solicitor has reached the same conclusion. On the basis of that conclusion, the Clerk indicated there was scheduled a meeting on January 16th before the Cape May County Board of Taxation. The Assessor would be seeking, if the bid is rejected, authorization of the governing body to appear before the Cape May County Board of Taxation to request, based on the lack of bids, to have the current order the Borough is under revised to provide that the work not be completed until 2008 for the 2009 tax year. The Clerk requested the governing body’s authorization for the Tax Assessor to proceed with the request to the County Tax Board. Mrs. Gould motioned that the Board of Commissioners provide the Assessor with authorization to appear before the Cape May County Board of Taxation on January 16, 2007 to request a revision of the current order to extend the completion date to the end of 2008 for tax year 2009. The Solicitor inquired if authorization would also be needed to reject the bid received. The Clerk indicated yes. He requested such authorization from the governing body. Mrs. Gould added rejection of the bids to her motion. Mr. Cabrera inquired if the revaluation would be re-bid. The Clerk responded that it could not go out to bid until a determination is made by the County Tax Board as to the Assessor’s request for an extension of the time line. Mr. Cabrera seconded Mrs. Gould’s motion. The motion was passed unanimously.

 

Mrs. Gould reminded Mr. Groon and Mr. Cabrera to complete their capital budget requests and provide them to the CFO as soon as possible. Mr. Groon responded that he was working on his capital budget request and would have it to the CFO by the date requested.

 

The Clerk reported that the computer upgrade is moving forward. He also reported that the Borough logo matter “remains an issue” as no further direction has been provided to date by any member of the governing body.  Mr. Groon inquired if Mrs. Gould or Mr. Cabrera were interested in changing the logo. Mrs. Gould responded that she would like to know if the current logo was really a Brigantine, and if not, it should not be called The Brigantine Nancy. She added that perhaps the public should be asked to let the Commissioners know if the present logo is actually a Brigantine or not.

 

There being no further discussion for open session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 424-07

(Closed session – matters of litigation and/or negotiations, specifically with respect to ongoing JCOW litigation and continued membership therein)

 

The Clerk advised that the singular purpose for the closed session was the ongoing litigation involving JCOW and the Borough’s continued membership therein.  The Clerk next indicated that the governing body would be deliberating in closed session immediately upon passage of the authorizing resolution, that the discussion would be released to the public upon conclusion of the matter, that the governing body would be returning to open session after the discussion, and that formal action may be taken upon return.

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 additional business to discuss, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        January 24, 2007

Kevin M. Yecco, Clerk/Administrator

TOP OF PAGE

MINUTES OF MEETINGS INDEX