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Minutes of Commissioners Meeting   -   August 11, 2010

Note: Complete Meeting Appears on CD #25-10 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 11, 2010
Wildwood Crest, NJ

Prior to the opening of the meeting, Mrs. Gould 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– Yes                          Groon - Absent

 

Mrs. Gould 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 October 23, 2009.

 

Mrs. Gould 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 Mrs. Gould, that Ordinance No. 1101 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1101

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 -  ARTICLE II – DEFINITIONS, SECTION 85-11; ARTICLE XV – DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS – SECTION 85-097D6 – SIGNS IN BUSINESS AND MARINE COMMERCIAL ZONE

(For the record, Mr. Groon entered the meeting at this point in the meeting, 9:32 a.m.)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1101.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1101 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1101 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1105 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. 1105

AN ORDINANCE AUGMENTING AND AMENDING THE LAND USE DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST – CHAPTER 85 – ARTICLE IV – R-1 LOW DENSITY RESIDENTIAL ZONE, SECTION 28E – MINIMUM LOT YARDS FOR PRINCIPAL BUILDINGS, ARTICLE V- R-1A – SEMI-LOW DENSITY RESIDENTIAL ZONE – SECTION 85-32E – MINIMUM LOT YARDS FOR PRINCIPAL BUILDINGS, ARTICLE VII – R-2 – TWO FAMILY RESIDENTIAL ZONE – SECTION 85-40C – PRINCIPAL BUILDING MINIMUM

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1105.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1105 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1105 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1106 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. 1106

AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT FROM THE BOROUGH OF WILDWOOD CREST TO COMCAST OF WILDWOOD LLC TO CONSTRUCT, CONNECT, OPERATE AND MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM IN THE BOROUGH OF WILDWOOD CREST, NEW JERSEY.

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1106.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1106 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1106 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1107

AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY THE BOROUGH OF WILDWOOD CREST FROM THE BOARD OF EDUCATION OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1107 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Tuesday, August 31, 2010 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1108

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, CHAPTER 85,  ARTICLE XI, HOTEL, MOTEL AND MULTI-FAMILY ZONE; SECTION 85-58, ACCESSORY USES; ARTICLE XIV, EXCEPTIONS AND SUPPLEMENTAL REGULATIONS, SECTION 85-73, EXCEPTIONS AND SUPPLEMENTAL REQUIREMENTS TO BULK AND AREA REGULATIONS; ARTICLE XV, DESIGN STANDARDS FOR SUBDIVISIONS AND SITE PLANS, SECTION 85-89D, PARKING, LOADING, STORAGE AND RECYCLING REQUIREMENTS (HOTEL AND MOTEL, INCLUDING ALL M-1 ZONES AND MULTI-FAMILY) AND AMENDING ORDINANCE NO. 983

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1108 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Tuesday, August 31, 2010 at 7:00 p.m.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 321-10

(Authorizing compliance with the 2009 Annual Audit Report)

 

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. 322-10

(Authorizing insertion of a Special Item of Revenue, in the amount of $4,400 for a NJ Highway Safety Grant for “Over the Limit, Under Arrest,” and requesting the Director of the DLGS to approve 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. 323-10

(Authorizing the award of a professional services contract to Randolph Lafferty as Municipal Prosecutor for a term of one year)

 

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. 324-10

(Urging celebration of the 90th Anniversary of Women’s Right to Vote)

 

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. 325-10

(Authorizing award of contract to Ditschman/Flemington Ford for the purpose of a Ford F-350 pick-up, in the total amount of $25,160)

 

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. 326-10

(Authorizing advertisement of Notice to Bidders in the Herald edition of August 18, 2010 for a Six-Inch Pump with Critical Silenced Enclosure, with bid receipt date of August 31, 2010 at 11 am)

 

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

 

Prior to the vote, Mr. Groon requested a discussion on the resolution. He indicated that he was not sure he knew what the bid was for and what the funding source encompassed. The Superintendent of Public Works responded that the equipment was an emergency sewer pump, and the funding was included in the capital ordinance. The Clerk indicated that the resolution would authorize receipt of bids on August 31, 2010. Mr. Groon stated that it was his understanding that the pump was removed from the capital ordinance, along with the emergency generator. He further inquired of the Public Works Superintendent as to what the pump would be utilized for. The Superintendent responded that it would be utilized at the sewer pump stations in the event one of the pump stations should “go down,” as well as for storm drain issues.

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 327-10

(Authorizing refund in the amount of $130 to Patricia Scarcelli for private summer swim lessons for her son previously paid but not utilized due to a medical emergency)

 

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. 328-10

(Authorizing refund in the amount of $49.50 to Timothy MacGreagor for a previously paid coin operated vending machine overpayment)

 

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. 329-10

(Authorizing issuance of a special events permit to Brian Stroh for the purpose of holding a wedding ceremony at St. Louis Avenue and the beach on September 11, 2010 at 7 pm)

 

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. 330-10

(Authorizing issuance of a special events permit to Annmarie Brown for the purpose of holding a wedding ceremony at the Fern Road Park on October 2, 2010)

 

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. 331-10

(Authorizing issuance of a special events permit to Chrysler Owners Group for the purpose of holding a block party on October 1, 2010 from 6 pm to 8 pm on East Forget-Me-Not Road, Ocean Avenue to the beach)

 

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. 332-10

(Authorizing award of contract to Eagle Equipment, Inc. d/b/a Pierce Equipment Co., for a Combination Sewer Cleaner for the total bid price of $284,820)

 

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. 333-10

(Authorizing an emergency appropriation in the amount of $50,000 to fund emergency sewer repairs)

 

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. 334-10

(Authorizing submission of an application with the NJDOT for Street and Utility Reconstruction on Heather Road, New Jersey Avenue to Atlantic 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. 335-10

(Authorizing submission of an application with the NJDOT for Reconstruction and Upgrades to the Beachfront Bike Path, Primrose Road to 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. 336-10

(Authorizing submission of an application with the NJDOT for Rambler Road Park Project, Phase 3)

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was the Rambler Road Park Project. The Clerk inquired of the Engineer whether the DEP application had been submitted, as well as the bid specifications. The Engineer responded that he was in the process of finalizing the application for Phase I and the application for Phase II would be ready in a week.

The Clerk noted for the record that an extension of time had been provided by the State for the bids to be received after the prior September 1, 2010 deadline.

 

With regard to the Rambler Road Park project, Mr. Groon raised the issue of parking in that area as it related to safety. He stated that the vacant lot is presently utilized at night and there is no light in the area, and it is also utilized during the day. He added that the Board had determined to not spend the funds to construct a “formal” parking lot, but he suggested a grassy area, with the majority of the work to be done in house. He presented an informal drawing of his suggestion. Mrs. Gould inquired if Mr. Groon had a cost estimate. He responded that he did not have a formal cost estimate, but based on the prior estimate, the cost for his plan would not be significant. Mr. Cabrera inquired if the main purpose of the lot would be for parking. Mr. Groon responded in the affirmative, adding that it would be grass rather than pavement. Mr. Cabrera inquired about irrigation. Mr. Groon responded that it would be on the perimeter of the lot to prevent vehicles from driving over the irrigation system.

 

The next matter for discussion was the Greater Wildwood Hotel-Motel Association request for a special event permit for a car show on September 2 and 4, 2010. The Clerk indicated that he had circulated to each of the members of the governing body the application from the Association. He went on to state that there were concerns raised about the Labor Day weekend event and public safety issues. He said that the applicant was brought in to clarify provisions in the application. The Clerk asked the governing body for direction regarding the application, stating that the next commission meeting was on August 31, 2010, two days prior to the start of the event.

 

Mr. Groon inquired of the Chief of Police whether he approved of the revised application. The Chief of Police stated that the Association had removed all events from the streets and, therefore, no streets would have to be closed over Labor Day weekend. Mrs. Gould stated that there will be a lot of traffic on that weekend. The Chief stated that the organization had changed their request from closing Ocean Avenue to have the event strictly on the vacant lot at Rambler Road. He added that the event would encompass only September 2nd from 6:00 pm to 9:00 pm and September 4th from 6:00 pm to 9:00 pm. Mrs. Gould inquired if the Wildwood Crest Police Department would be present to direct the vehicles. The Chief of Police responded that he could accommodate traffic control. Mr. Groon inquired if the only vehicles to use the lot would be show vehicles and limited to those vehicles only. The Clerk responded in the affirmative. The Clerk stated that no approval could be provided at this juncture, other than a straw poll, because the insurance requirement had not been met. Mr. Groon stated that it was his opinion that the lot should be used for the show cars only, with no public parking, Additionally, he indicated that he did not wish to start a recurring event, and would add a condition that the event be reviewed again in 2011. Mrs. Gould inquired if the police department would schedule an officer at the site to prevent public parking on the lot. Mr. Groon stated that the association would be responsible for the entry and exit of the lot by the vehicles, with the restriction on public parking. The Chief of Police added that the church utilized the lot for overflow parking and the vehicles must be removed from the lot for that purpose. The Solicitor interjected that the event only encompassed September 2nd and September 4th, from 6:00 pm to 9:00 pm each day. The Clerk inquired if there was a consensus of opinion regarding the event, subject to the restrictions outlined. The consensus was unanimous to approve the event, subject to the restrictions.

 

Joe Cianciarulo, 6410 Pacific Avenue, thanked the Borough for repairing the curb that was damaged in the snow storm in February. He inquired if the sod could be replaced. He was advised that the Borough would repair the damage.

 

Tony Mirabella, 7210 Pacific Avenue, commented on the Rambler Road project. He inquired as to the number of bathrooms to be installed. Mr. Cabrera responded that there would be two in each side. The Engineer interjected that, including handicapped, there would be three. Mr. Mirabella inquired if the cost would be covered by a grant. Mr. Cabrera responded in the affirmative. Mr. Mirabella inquired if it would cover the entire cost of the project. Mr. Groon responded that the entire project would not be covered by the grant, and the remaining fund had already been bonded and set aside in 2009. There would be no new bonding for this project.

 

Mr. Mirabella stated that he was informed that the bulk of his tax increase was the result of debt service. Mr. Groon responded that the majority of the increase in the taxes had to do with actual street reconstruction, including Seaview Avenue which was a $10 million project, plus extension of the outfall lines which was approximately $1 million, and also the six connections between Seaview Avenue and the beach. Mr. Groon acknowledged that the increase was not good, but the projects were necessary and had to be done.

 

Mr. Mirabella commented on the fishing pier project from a few years back, stating it was a “waste of money.” Mr. Groon stated that the existing building is being dealt with, with an application before the DEP to make renovations. Mr. Groon added that he disagreed with Mr. Mirabella’s assessment that it was a waste of money, indicating that in his opinion it was well worth the money given the cost to demolish it or to build a new pier. He indicated that there are a great many people who use the pier and are happy it was retained.

 

Mr. Mirabella stated that there are many residents who are on fixed incomes and are “getting aggravated.” Mrs. Gould responded that North Wildwood has been losing beach and there is a possibility in the future that Wildwood Crest will lose beach and there may be water under the pier again. Mr. Cabrera interjected that it was his opinion that the impetus behind the pier project was to retain an “icon” since many had been lost to development. He added that the recreation department has implemented many recreation activities on the pier that generate revenue, as well as the many weddings that have been held on the pier.

 

Mr. Groon acknowledged Mr. Mirabella’s comments regarding the tax increase, and indicated it was something the Commissioners would have to address and not allow it to happen again.

 

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

RESOLUTION NO. 337-10

(Closed session: potential litigation, specifically with the County of Cape May regarding the ongoing repair/replacement of traffic signals on New Jersey Avenue at the intersections of Sweetbriar, Cardinal and Aster Roads)

 

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, Mr. Cabrera motioned, seconded by Mrs. Gould, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        August 31, 2010

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX