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Minutes of Commissioners Meeting   -   January 14, 2009

Note:  Complete Meeting Appears on Tape #1-09 and #2-09 on File in the Borough Clerk’s Office January 14, 2009
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 5, 2008.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1066 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1066

A CAPITAL ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE STORM SEWER ON HOLLYWOOD AVENUE BETWEEN SEAVIEW AVENUE AND THE BEACH AND APPROPRIATING THEREFOR THE AMOUNT OF $240,000 FROM GENERAL CAPITAL FUND BALANCE

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1066.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1066 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1066 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 897-09

(2009 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. 898-09

(Authorizing adoption of the Cash Management Plan of 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. 899-09

(Authorizing re-appointment of Commissioner Don Cabrera to serve on the Board of Directors of the UEZ for a term commencing effective immediately and terminating May 19, 2009)

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Abstain

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 900-09

(Authorizing appointment of Dennis Travascio as a member of the Zoning Board of Adjustment effective immediately and terminating December 31, 2011)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 901-09

(Authorizing re-appointment of Patricia Rasmussen as a member of the Environmental Commission effective immediately and terminating December 31, 2011)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 902-09

(Authorizing re-appointment of Brian Stuart as a member of the Environmental Commission effective immediately and terminating December 31, 2011)

 

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. 903-09

(Authorizing re-appointment of Mary Celebre as a member of the Environmental Commission effective immediately and terminating December 31, 2011)

 

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. 904-09

(Authorizing re-appointment of Steve Tecco as a member of the Tourism Commission effective immediately and terminating 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. 905-09

(Authorizing appointment of Kevin M. Yecco, Clerk/Administrator, as Hearing Officer, and J. Fred Coldren as Conflict Hearing Officer, for NJDOP disciplinary action hearings)

 

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. 906-09

(Authorizing professional services contract with J. Fred Coldren to serve as Conflict Hearing Officer for NJDOP disciplinary action hearings)

 

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. 907-09

(Authorizing an agreement with Connor Strong Risk Control Services for the testing of all CDL Operators at the not to exceed annual amount of $58 per operator)

 

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. 908-09

(Authorizing Jason Hesley, Tax Assessor, to pursue and defend to completion Tax Appeals on behalf of 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. 909-09

(Authorizing Notice to Bidders for Reconstruction of Beach Avenue between Heather Road and Cresse Avenue)

 

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. 910-09

(Authorizing County of Cape May to serve as lead agency and applicant on behalf of the Borough of Wildwood Crest for a 2009-10 PARIS Grant Application)

 

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. 911-09

(Authorizing purchase off State Contract of a 2009 Ford Crown Victoria from Chas. S. Winner Inc.)

 

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. 912-09

(Authorizing professional services contract with Remington & Vernick Associates, Eric Gundrum as designated associate, to serve as Professional Planner at the not to exceed amount of $10,000)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and fully contained on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Rambler Road Park Project, the Clerk indicated that Mr. Groon had requested earlier a status report on grant funding. The Clerk indicated that he, the CFO and the Borough Engineer had attended a meeting in which they were advised that the State of New Jersey was awaiting stimulus funding from the U.S. government before the release of any grant funding from the State of New Jersey for these types of projects.

 

As to the concession rental: fishing pier, the Clerk advised that all of the Commissioners had been provided copies of the specifications as drafted by the Solicitor and the Borough Engineer. He added that additional “fine tuning” will be required and asked for any comments or input from the Commissioners.

 

The Clerk reported that the Borough had not received any information from South Jersey Gas Company with regard to 115 East Orchid Road street opening permit request. The Solicitor indicated that the request has been withdrawn.

 

The Clerk reported that he had contacted various other municipalities with regard to mercantile licensing fees for communication towers on private property, and none of those municipalities made provision for licensing such businesses. It was indicated that the reasoning for that was that there are contracts entered into between the municipalities and the communications providers for towers on municipal property. Mr. Groon indicated that it was his understanding that several businesses in Wildwood Crest are in the process of or have erected communications towers on private property, and he questioned why they would be exempt from obtaining mercantile licenses as opposed to other types of rental property. The Clerk said that he would yield to the Solicitor but voiced concern as to whether it would be FCC regulated and, on this basis, may negate the Borough’s ability to charge a licensing fee; that this point is further complicated in light of the State’s regulation of businesses that are “State licensed”, not being licensed locally.  The Solicitor was directed to research and provide a legal opinion.

 

A discussion was held with regard to the New Jersey Environmental Trust Project Designation. The CFO joined the (meeting) discussion at this point. The Clerk reported that he, the CFO and Mr. Cabrera had met with the Borough Engineer. Mr. Groon indicated that he was not aware of the list of the capital projects, although he was aware that a “priority list” was being developed. Mr. Cabrera stated that there are State funds (loans) available that are designed as infrastructure projects under the stimulus plan. He added that one of the projects identified was Phase III Seaview Avenue, to include the outfall lines at Washington Avenue. The CFO stated that the only thing he would add was whether this would be a viable alternative to conventional funding because the economic stimulus package that the State is putting together is a derivative of the federal government package. He stated that the money will originate with the federal government, be filtered to the State government and then to the municipalities. If the municipality has projects “ready to go” by the beginning of July, the interest rate will be zero percent. This would be twenty year debt, but it would be interest free.  The second target date would entail a .5% interest rate, and a target date further into the year would entail a 1% interest rate.

 

The Engineer has indicated that he could have the Borough’s project “ready to roll” by the initial July target date, which would be a zero percent interest rate. Repayment of the loan would likely commence in 2010.  The Engineer next stated that he would not recommend the Borough pursuing a project of less than $2 million.

 

The CFO stated that in light of the Engineer’s recommendations, the projects to be included would be Seaview Avenue Phase III, Washington Avenue storm outfalls, and he estimated that the number would be slightly in excess of $2 million. It was the Engineer’s opinion that that size project fits the criteria of the stimulus package.

 

Mr. Groon stated that it makes sense to proceed.

 

The Clerk stated that the difficulty would be with regard to debt service in the future, in 2009 and 2010.

 

Mr. Cabrera stated that other projects being discussed were the Atlantic Avenue storm sewers, the Crest Pier roof, and other capital projects that included purchases of some necessary public works equipment.

 

The Clerk interjected that with conventional bonding the CFO had the ability to utilize BANs for a period of time, and that opportunity will not exist with this program. The CFO reiterated that the payments would more than likely commence in 2010. He went on to state that debt service is an exclusion to the levy cap, but it would be an increase in any event. The Borough is scheduled to sell bonds in November 2009, and the first principal payment on those bonds would be made in 2010 which would add somewhere between $600,000 and $700,000 to the Borough’s debt schedule. This program would add another $100,000 on top of that.

 

Mr. Groon stated his opinion that the governing body had been committed to Seaview Avenue from the beginning and completing that project would be a priority. Therefore, it would be logical to pursue the stimulus package program and try to achieve the benefit of the lower interest rates. He added that the remaining projects need to go through the budgetary process.

 

The Clerk stated that he would point to the Municipal Stimulus Package projects that were reported to the State of New Jersey to secure some type of federal funding. He added that Seaview Avenue Phase III was ranked first, Hollywood and Washington Avenue storm sewers were ranked second, Atlantic Avenue storm sewer was ranked third, and Ocean storm sewer outfall extensions were ranked fourth.

 

Mr. Groon inquired of the CFO as to what the savings would be by choosing the stimulus package. The CFO responded that the Borough is going to do the project in any event, and permanent financing will probably be in the 3% to 3.5% range dependent upon what happens in the market in the next twelve months.

 

The Clerk stated that the Engineer would need an authorization from the governing body to pursue the stimulus package program. The CFO concurred, since the Engineer will have to move the project to get it to the State of New Jersey as soon as possible. Mr. Groon inquired if a resolution would be necessary. The Clerk responded that an authorization would be required to authorize the Engineer to pursue the New Jersey Environmental Trust Project funding for Seaview Avenue Phase III and Washington Avenue outfall lines. The Clerk requested a motion. Mrs. Gould motioned, seconded by Mr. Cabrera, that the Engineer be provided with such authorization to proceed in accordance herewith and that the Mayor and Borough Clerk be and they are hereby authorized to execute any and all documents appertaining hereto.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the UEZ budget funding, Mr. Cabrera stated that he attended a meeting with the UEZ Director, and the Wildwood CFO.  As a result of that meeting, he has requested the CFO to place $3,000 into the 2009 budget to cover the Borough’s administrative portion of the UEZ. He added that there are items that are owed from previous years that also need to be addressed, which may increase the requested $3,000. He indicated that he would be meeting with the CFO to further address the situation.

 

Concerning the dedication of public parks, Mr. Groon stated that he received an e-mail requesting that some of the Borough’s parks be “named.” He listed the beach pier, the fitness park, the Rambler Road park, the Rosemary Road park, all of which could be considered for naming. Mrs. Gould inquired if the Borough has any dedicated land. The response was in the negative. Mr. Cabrera stated that to clarify the matter, they were not speaking of “dedicating” the land, but simply to “name” the parks. Mr. Groon agreed. He added that with the centennial coming up in 2010 it would be nice to have the naming of the parks in place in order that it can be incorporated into advertising for the centennial. He suggested utilizing some local groups to make recommendations. One of the suggestions he has received was to name one of the parks in honor of veterans. Mr. Cabrera stated that he would like to know the current parks and the current name being utilized for each park. He added that perhaps there should be some type of procedure to selecting a name. Mr. Groon stated that public input should be part of the procedure. Mrs. Gould agreed. The Clerk indicated that he would obtain a list of parks from the Tax Assessor. He added that some of the parks have already been named. Mrs. Gould stated that the bike path has never been named. Mr. Cabrera added that Sunset Lake has not been named, nor the Miami Avenue park. The Clerk cautioned that in the Miami Avenue area is “Turtle Gut” park. Mr. Cabrera continued that the Primrose Park and the park on Bayview Drive have not been named. Mr. Groon agreed, adding that the list is significant and has been long overlooked. The Clerk stated that he would contact the Tax Assessor to obtain an inventory of all parks in Wildwood Crest for consideration/review by the governing body.

 

There being no public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 913-09

(Closed session – negotiation (COWCO Agreement and potential acquisition of building and grounds) and personnel (employee benefit levels)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1067

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 FOR THE TIME AND

METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1067 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 28, 2009 at 7:00 p.m.

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:        January 28, 2009

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX