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Minutes of Commissioners Meeting   -   February 7, 2007

Note:  Complete Meeting Appears on Tape #3-07  on File in the Borough Clerk’s Office February 7, 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 announced that second reading and final adoption of Ordinance No. 1023 would be held in abeyance pending a closed session discussion, in accordance with the provisions of the Open Public Meetings Act, after the conclusion of the public portion of the meeting.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1026

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 45, NUISANCES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, TO AMEND SECTION 45-3 TO PROHIBIT THE FEEDING OF UNCONFINED WILDLIFE IN ANY PUBLIC PARK OR ON ANY OTHER PROPERTY OWNED OR OPERATED BY THE BOROUGH OF WILDWOOD CREST SO AS TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE, AND TO PRESCRIBE PENALTIES FOR FAILURE TO COMPLY, AND AMENDING ORDINANCE NO. 6 ADOPTED JANUARY 22, 1911

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1026 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1027

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 74, TOURIST DEVELOPMENT COMMISSION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTION 74-3 MERCANTILE ASSESSMENT, AND AMENDING ORDINANCE NO. 582 ADOPTED MARCH 1, 1983

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1027 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 21, 2007 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 435-07

(Authorizing award of contract to Gentilini Family Ford in the amount of $21,971.57 for a 2007 Ford Expedition)

 

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. 436-07

(Authorizing appointment of Kevin Yecco, Clerk/Administrator, as NJDOP disciplinary action hearing officer, and Fred Coldren as conflict hearing officer)

 

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. 437-07

(Authorizing professionals service agreement with Fred Coldren in an amount not to exceed $75 per hour for the performance of duties in accordance with service as NJDOP conflict hearing officer)

 

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. 438-07

(Designating March 2, 2007 as “Read Across America Day” in the Borough of Wildwood Crest)

 

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. 439-07

(Commemorating the 20th Anniversary of the Atlantic County Municipal Joint Insurance Fund)

 

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. 440-07

(Authorizing temporary emergency appropriation in the amount of $1,000 for Public and Private Programs Offset by Revenues, specifically under the Department of Community Affairs – Recreation Opportunities for Individuals with Disabilities)

 

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. 441-07

(Authorizing refund in the amount of $217.65 to Doreen Corino for payment previously made for Delta Dental COBRA payment)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 442-07

(Authorizing the submission of a recycling tonnage grant application to NJDEP by the Recycling Coordinator)

 

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. 443-07

(Authorizing refund to Mary Jane Paone in the amount of $149.49 for overpayment of sewerage fees)

 

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. 444-07

(Authorizing refund of application and escrow fees in the amount of $500 and $1,000, respectively, toNextel Communications for a site plan application unnecessarily submitted, all at the request of the Zoning Board)

 

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. 445-07

(Authorizing refund of balance of escrow fees in the amount of $198 to Giovanni Sanzone in conjunction with a site plan approval previously granted, all at the request of the Planning Board)

 

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. 446-07

(Authorizing refund of application and escrow fees in the amounts of $100 and $100, respectively, to CAVA, Inc., all at the request of the Planning Board)

 

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. 447-07

(Authorizing refund of balance of escrow fees in the amount of $450 to Joseph J. Harris in conjunction with a “C” variance application approval previously granted, all at the request of the Zoning Board)

 

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. 448-07

(Authorizing refund of balance of escrow fees in the amount of $732 to Monzo Cataneses, P.C., in conjunction with a minor subdivision approval previously granted, all at the request of the Planning Board)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

At this point, the Clerk provided a copy of a press release commemorating the 20th Anniversary of the Atlantic County Municipal Joint Insurance Fund to the members of the press present at the meeting. He indicated that the ACMJIF was an “unprecedented example of shared services within the State of New Jersey” and the Borough of Wildwood Crest became a member of that fund in 1989, and the taxpayers have benefited from considerable savings by our membership in the fund.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The next matter for discussion was a proposal by the Greater Wildwood Little League for certain improvements to the Little League Field, and their request for authorization from the governing body for those improvements. The Clerk indicated that a letter and drawing were submitted for the review of the governing body. He added that although the Planning Board has provided approval of an informal review of the proposal, the understanding exists that the governing body, the Borough Engineer and the Solicitor must provide their approval prior to the project commencing, based upon direction provided by the Planning Board representatives.

 

Robert Neri and Kathleen Kelly of the Greater Wildwood Little League appeared before the governing body. Mr. Neri advised the Board of Commissioners that funding is in place for the project from various donations. He added that the plans have been somewhat modified, indicating that some additional landscaping will be included. Mr. Neri went on to state that the Little League Board would be amendable to any changes that may be required by the governing body, the Engineer or the Solicitor in order to move this project forward.

The Clerk reminded the governing body that Mr. Cabrera had recused himself from voting in this matter since he is a member of the Little League Board of Directors. Therefore, it would be up to Mr. Groon and Mrs. Gould to make the determination as to whether or not the project should move forward, and to provide authorization for the Mayor to meet with the Engineer and the Solicitor to further discuss the matter.

 

Mrs. Gould indicated that the temporary nature of the improvements is in our favor since the property remains owned by the Borough to do with as necessary or needed in the future. Mr. Neri indicated that the Little League Board is mindful of the fact that the property would remain owned by the Borough and that the improvements are temporary in nature, from a developmental standpoint.

 

Mr. Groon indicated that the Borough may require an agreement with Little League with regard to the use of the field, and also for putting it under the direction of the Recreation Department for scheduling purposes. The Clerk added that the understanding has always existed and has been accepted by Little League that any request for the use of the field has to be provided to the Borough in order for the Borough to grant the use of the field for the dates requested. He suggested that a formal lease agreement could be entered into between the Borough and the Greater Wildwood Little League for the use of the field, since the absence of such an agreement would limit the Borough’s ability to restrict the use of the field to any members of the public.

 

Mr. Groon inquired as to the suggested timeframe for the project. Ms. Kelly responded that they would like to have the work done before the baseball season starts, adding that April 16th is the official start of the season.

 

Mr. Neri inquired if there was anything else the Board of Commissioners required from the Little League with regard to this matter. Mr. Groon responded that the governing body representatives would have to meet with the Engineer and Solicitor to discuss the matter prior to making a final determination. Mr. Neri added that the Engineer had mentioned a possibility of a CAFRA issue. Mr. Groon responded that the Borough and the Engineer will deal with that.

 

The Clerk asked for a vote as to the sentiments of the governing body with regard to approving the proposal contingent upon the Engineer’s review/approval and final sign-off by the Solicitor. Mrs. Gould motioned, seconded by Mr. Groon, as to the foregoing authorization laid out by the Clerk.

Vote:          Gould-Groon-Yes                                    Cabrera-not voting

 

The Clerk reported for those present that the revaluation is proceeding, but that he had not heard back from the Cape May County Board of Taxation, who met on February 6, 2007, with regard to the Borough’s request that the order be amended.

 

The Clerk reported that the computer upgrade is moving forward.

 

Mae Timer, 210 East Washington Avenue, inquired if the proposed pavers at the Little League field would be part of the Beautification Committee’s proposed brick paver project. Mr. Cabrera responded that the brick paver proposal from the Beautification Committee was to have been a memorial paver project. Ms. Timer inquired if walkways and streets would be torn up to be replaced with pavers. Mr. Cabrera responded that they were proposed to have been placed at a prospective park area with a specific location within the park.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY, while indicating that the closed session was being held for the purpose of discussing the ongoing JCOW litigation and the Borough’s continued membership therein:

RESOLUTION NO. 449-07

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

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, the Clerk reported that no formal action would be taken with respect to JCOW other than a supportive position by the Commissioners, unanimously, to pursue the shared services agreement with Wildwood, North Wildwood and West Wildwood.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1023 be tabled until either the meeting of February 21, 2007, or a special meeting to be determined by the Board of Commissioners, to be further advertised if said action will be taken at a special meeting.

Vote:          Gould-Cabrera-Groon-Yes

 

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:        February 21, 2007

Kevin M. Yecco, Borough Clerk

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