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Minutes of Commissioners Meeting   -   May 30, 2012

Note:  Complete Meeting Appears on CD #12-12 and #13-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office May 30, 2012
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 7:00 p.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, the Herald and The Press on November 29, 2011.

 

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. 1144 be placed on second reading and final passage by title only.

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1144

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, TO ADD NEW SECTION 32A-3, MEMORIAL BENCHES, AND RENUMBERING SECTION 32A-3, ADDITIONAL FEES, AS SECTION 32A-4, AND AMENDING ORDINANCE NO. 991 ADOPTED DECEMBER 21, 2005 AND ORDINANCE NO. 1015 ADOPTED AUGUST 9, 2006

Mr. Groon motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1144.

Vote:          Gould- No                                                Cabrera-Groon-Yes

There being no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1144 be closed.

Vote:          Gould-No                                                 Cabrera-Groon-Yes

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1144 be passed on second and final reading and advertised according to law.

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 780-12

 

SUPPORTING PHASED-IN FUNDING RESTORATION OF ENERGY TAX/CONSOLIDATED MUNICIPAL PROPERTY TAX RELIEF AID

 

WHEREAS, taxes on gas and electric utilities were originally collected by the host municipalities, and when the State made itself the collection agent for these taxes, it promised to dedicate the proceeds to municipal property tax relief; and

WHEREAS, just as municipalities collect property taxes for the benefit of school districts, counties and other entities, the State is supposed to collect Energy Taxes for the benefit of municipal governments; and

WHEREAS, for years, though, State budget makers have diverted funding from Energy Taxes to fund State programs; and

WHEREAS, the cumulative impact of years of underfunding has left many municipalities with serious needs and burdensome property taxes; and

WHEREAS, municipalities lost $331 million in combined Energy Tax and Consolidated Municipal Property Tax Relief Aid (CMPTRA) funding in Fiscal Years 2009, 2010, and 2011, while also being denied scheduled incremental funding; and

 

WHEREAS, as a result of these cuts, in a number of municipalities property taxes are higher now, despite the fact that they are spending less, proving that the State’s diversion of tax relief funding has overwhelmed local efforts to reduce property taxes; and

 

WHEREAS, S-1900, sponsored by Senators Paul Sarlo and Linda Greenstein, and A-2921, sponsored by Assemblyman Troy Singleton, would phase-in, over five years, the restoration of $331 million in municipal property tax relief funding, and ensure that each municipality will be restored to the 2007 (SFY 2008) ETR/CMPTRA level; and

 

WHEREAS, the sponsors recognize that the loss of those revenues has led to increased property taxes and has hampered local efforts to meet local needs; and

 

WHEREAS,  the sponsors agree that the time has come to begin to restore to local budgets the millions that were cut to meet State needs in FY 2009, 2010 and 2011; and

 

WHEREAS, the restoration of $66.2 million this year is a great first step, which should be easily manageable in a budget that is slated to grow to $32.15 Bill ion in the coming year; and the restoration of $331 million, in 20% increments, over five years will make a substantial financial difference to municipalities all around the state of New Jersey; and

 

WHEREAS, the bill would apply the protection of the ‘poison pill’  to the SFY 2012 distribution of CMPTRA funding, which will prevent further shifts of CMPTRA funding; and which will help to further restrain the appetites of future State policy makers for these municipal property tax relief resources;

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey salutes the sponsors for listening to the Mayors in their districts and all around New Jersey and for advancing this legislation; and

 

BE IT FURTHER RESOLVED, that we enthusiastically support S-1900/A-2921, together with any refinements that may be needed to account for any recent changes in the statutes governing local budgets in order to provide municipalities with appropriate budgetary flexibility; and

 

BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Chris Christie, Lieutenant Governor Kim Guadagno, Department of Community Affairs Acting Commissioner Richard Constable, our State Senator Jeff Van Drew, our Assemblymen Nelson T. Albano and Matthew Milam, and to the New Jersey League of Municipalities.

 

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. 781-12

 

WHEREAS, a vacancy has arisen on the Wildwood Crest Zoning Board of Adjustment; and

 

WHEREAS, said vacancy has an unexpired term through December 31, 2013; and

 

WHEREAS, it is the desire of the Board of Commissioners to fill said vacancy; and

 

WHEREAS, the name of GREG GRASSO has been submitted to fill the vacancy as an Alternate Member of the ZONING BOARD of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest desires to appoint GREG GRASSO to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that GREG GRASSO be and he is hereby appointed as Alternate Member No. 1 of the ZONING BOARD of the Borough of Wildwood Crest to fill the unexpired term, commencing effective immediately, and expiring December 31, 2013.

 

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. 782-12

 

WHEREAS, a vacancy has occurred in the position of Alternate No. 2 member of the Planning Board of the Borough of Wildwood Crest; and

 

WHEREAS, it is desired that a full complement of the Board be maintained at all times; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, has advised of his intent  to appoint ALICIA BELANSEN to fill the vacancy at Alternate No. 2 Member of the Wildwood Crest Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the appointment of ALICIA BELANSEN be and she is hereby confirmed and ratified, as Alternate No. 2 member of the PLANNING BOARD of the Borough of Wildwood Crest, commencing effective immediately and expiring December 31, 2012.

 

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. 783-12

 

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard Bond Counsel

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to assist the municipality with the selling of bonds, or bond anticipation notes, for financing the cost of the capital improvement program and for the rendering of legal opinions related thereto; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of municipal bonds; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that the firm of Hawkins, Delafield & Wood is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Hawkins, Delafield & Wood has completed and submitted a Business Entity Disclosure Certification which certifies that Hawkins, Delafield & Wood will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing May 30, 2012 to any political committee or candidate through the term of this contract;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

1.                Hawkins, Delafield & Wood is hereby retained as Bond Counsel to provide specialized professional services in the field of municipal bond work. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Hawkins, Delafield & Wood for specialized professional services as Bond Counsel for a term of one (1) year, which contract shall provide for fees to be calculated as set forth in the letter of Hawkins, Delafield & Wood dated May 16, 2012 and attached hereto, contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

3.                This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

4.                The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

5.                This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

6.                A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

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. 784-12

 

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2012 property taxes and/or utility payments; and

 

               WHEREAS, an overpayment was created for the reason listed below, and

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

Block /Lot                          Name                                                                               Amount

6.02-1-C0004     Phillips, Keith T & Lorraine                                                    $662.61

2012 Tax                            309 E Buttercup Road

                                             Title Company and Mortgage Company

                                             both paid 2012 2nd quarter taxes

                                             Refund to Phillips, Keith T & Lorraine

 

               NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

May 30, 2012.

 

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. 785-12

 

WHEREAS, KEVIN DUFFY, 43 Winding Way, Gibbsboro, New Jersey 08026, paid Five Hundred ($500.00) Dollars (Check No. 9530), and again paid Five Hundred ($500.00) Dollars (Check No. 9535) to the Borough of Wildwood Crest for the enrollment of his children in the Pier Playmates Summer Day Camp; and

 

WHEREAS, the total tuition due for Mr. Duffy’s children to be enrolled in Pier Playmates Summer Day Camp is Seven Hundred Thirty Five ($735.00) Dollars; and

 

WHEREAS, KEVIN DUFFY has requested a refund of overpaid tuition in the amount of Two Hundred Sixty Five ($265.00) Dollars.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of overpaid tuition in the amount of Two Hundred Sixty Five ($265.00) Dollars to KEVIN DUFFY, 43 Winding Way, Gibbsboro, New Jersey 08026.

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. 786-12

 

Authorizing a Shared Services Agreement Between the City of

North Wildwood and the Borough of Wildwood Crest

Pertaining to Loan of Surplus Motor Vehicles

 

WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-1, et. seq., authorizes municipalities to enter into agreements for the exchange of Interlocal Services; and

 

WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et. seq., authorizes municipalities to enter into an agreement for the exchange of services; and

 

WHEREAS, the United States makes available to state, county and local government agencies, through the General Service Administration, federal surplus property; and

 

WHEREAS, the City of North Wildwood obtained such federal surplus property consisting of the motor vehicle that is scheduled on and described in Exhibit “A;” and

 

WHEREAS, the motor vehicle that is scheduled in Exhibit “A” was to be used by the City of North Wildwood Public Works Department and/or the North Wildwood Office of Emergency Management; and

 

WHEREAS, the regulations governing the federal surplus property program require that the vehicle scheduled in Exhibit “A” be placed into service for its intended use within one year of acquisition by the state, county or local government agency; and

 

WHEREAS, the regulations governing the federal surplus property program also provide that, for a period of eighteen months after the acquired property is placed into service, the City of North Wildwood is restricted from transferring title to the property and, if during those eighteen months, the acquired property ceased to be used for its intended purpose, title to the property reverts to the State of New Jersey; and

 

WHEREAS, the City of North Wildwood does not presently have a need for the vehicle scheduled in Exhibit “A,” but the Borough of Wildwood Crest does have a need for said vehicle; and

 

WHEREAS, the City of North Wildwood is not restricted from loaning the vehicle scheduled in Exhibit “A” to the Borough of Wildwood Crest.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, as follows:

 

               1.            All of the statements of the preamble are repeated and incorporated herein by this reference thereto as though the same were set forth at length.

 

               2.            The Mayor and Clerk/Administrator are authorized to executed, on behalf of the Borough of Wildwood Crest, a Shared Services Agreement for the loan of surplus vehicle in the form annexed as Exhibit “A.”

 

               3.            This Resolution shall be contingent upon the adoption of a similar resolution by the governing body of the City of North Wildwood.

 

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. 787-12

 

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated April 25, 2012, and published in The Herald of Cape May County issue of May 2, 2012, for the following items:

 

One (1) 2012 John Deere Gator 825i XUV 4x4, or equivalent

-and-

One (1) 2012 John Deere Gator XUV 550 S4, or equivalent; and

 

WHEREAS, the Motor Pool Supervisor has reviewed the bids submitted and has provided a written opinion recommending that the contract be awarded to the “lowest responsible bidder” as referenced below; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder” as follows:

 

               Pole Tavern Equipment Sales Corp., 670 Route 40, Elmer, New Jersey 08318, for the total bid price of $22,250.00, for the purchase of the above described vehicles to be provided on or before 90 days after the execution of the contract between the parties; subject further to compliance with all other aspects of the bid specifications and certification from the Chief Financial Officer as to availability of funds.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, as follows:

 

               1.  That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.

               2.  That contract be awarded to the successful bidder as aforesaid and for the total and complete bids amounts as indicated; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

               3.  That the Commissioner of Revenue and Finance and the Borough Clerk be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough provided necessary funds are available.

 

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. 788-12

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $15,500.00 from the Greater Wildwood Tourism Improvement and Development Authority, and wishes to amend its 2012 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2012 in the sum of                                                                        $         15,500.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

Greater Wildwood Tourism Improvement and

Development Authority: Summer Events Grant                                                       $15,500.00

 

BE IT FURTHER RESOLVED that a like sum of               $                                                                               15,500.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(a)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

Greater Wildwood Tourism Improvement and

Development Authority: Summer Events Grant

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government Services.

 

Prior to final vote on this resolution, Mr. Groon inquired if the $15,500 arose from the recent promotional agreement entered into with GWTIDA. The Clerk responded that this funding was from requests for specific event funding support. Mr. Groon was further advised by the Asst. Recreation Supervisor that there would have been additional dollars if not for the cancellation of the Freedom Festival because of on-going construction at Sunrise (Rambler Road) Park. Mr. Groon inquired as to the number of events for which funding was requested. He was advised that there were six or seven, and this amount funds three events. Mr. Cabrera commented that it was disappointing that funding has decreased, and it was his opinion that the Borough’s GWTIDA representatives should try to encourage changes to the appropriations committee. Mr. Groon indicated that he personally found the decrease in funding unacceptable.

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. 789-12

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $400,000.00 from New Jersey Department of Community Affairs, and wishes to amend its 2012 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2012 in the sum of                                                                        $         400,000.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

New Jersey Dept. of Community

Affairs: Small Cities CDBG – Cresse Ave.                                                       $400,000.00

 

BE IT FURTHER RESOLVED that a like sum of               $                                                                               400,000.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(b)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

New Jersey Dept. of Community

Affairs: Small Cities CDBG – Cresse Ave.

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government Services.

 

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. 790-12

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $183,377.00 from the State of New Jersey, Department of Transportation Trust Fund Authority Act: New Jersey Avenue, Phase 1, and wishes to amend its 2012 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2012 in the sum of                                                                        $         183,377.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION TRUST FUND AUTHORITY: NEW JERSEY AVENUE, PHASE 1

                                                                                          $183,377.00

 

BE IT FURTHER RESOLVED that a like sum of               $                                                                               183,377.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(c)  Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION TRUST FUND AUTHORITY: NEW JERSEY AVENUE, PHASE 1

 

BE IT FURTHER RESOLVED that the Borough Clerk be and he is hereby authorized and directed to forward two (2) copies of this Resolution to the Director of the Division of Local Government Services.

 

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. 791-12

 

WHEREAS, pursuant to state regulations, municipal water quality management plans must be in compliance with its regional wastewater management planning agency which, in the case of the Borough of Wildwood Crest, require that same be in compliance with the Cape May County Wastewater Management Plan; and

 

WHEREAS, on January 17, 2012, the New Jersey State Legislature adopted an Act (P.L. 2011, c. 203) requiring that, within 180 days, each wastewater management planning agency prepare and submit an existing and future sewer service area map to the New Jersey Department of Environmental Protection as a foundational document of the County’s future wastewater management plan; and

 

WHEREAS, in conjunction with the Cape May County Planning Department and Maser Consulting, P.A., the Borough of Wildwood Crest has developed its Future Wastewater Facilities and Service Areas Map.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, as follows:

 

               1.            The allegations of the preamble are incorporated herein by this reference.

               2.            The Borough of Wildwood Crest Commissioners do hereby endorse the attached Future Wastewater Facilities and Service Areas Map for purposes of delineating potential future wastewater facilities and service areas within the Borough of Wildwood Crest for purposes of submission of same to the Cape May County Planning Department and New Jersey Department of Environmental Protection; and

               3.            A copy of this Resolution with the attached Wastewater Facilities and Services Areas Map be forwarded to the Cape May County Planning Department for their review and consideration.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 792-12

 

WHEREAS, on May 9, 2012 , WILDWOOD CREST EDUCATION ASSOCIATION , Crest Memorial School, 9100 Pacific Ave. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a RUN/WALK   to be held on June 2, 2012 ,  form 8:00 a.m. to 11:00 a.m., on the Bike Path from Crest Pier to the Boardwalk and back ; and

                                                                                                                                               

WHEREAS,  WILDWOOD CREST EDUCATION ASSOCIATION, Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  WILDWOOD CREST EDUCATION ASSOCIATION , Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 for the purpose of a RUN/WALK to be held on June 2, 2012 , form 8:00 a.m. to 11:00 a.m., on the Bike Path from Crest Pier to the Boardwalk and back.

 

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. 793-12

 

WHEREAS, on May 21, 2012 , BIANCA RUSSO-DAVIS , 15 Tred Avon Ave. , Easton, MD  21601-4030 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 3, 2012 ,  from 4:30 p.m. to 6:30 p.m., on the Heather Rd. Fishing Pier, with a rain location at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  WILDWOOD CREST EDUCATION ASSOCIATION, Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  WILDWOOD CREST EDUCATION ASSOCIATION , Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 for the purpose of a RUN/WALK to be held on June 2, 2012, form 8:00 a.m. to 11:00 a.m., on the Bike Path from Crest Pier to the Boardwalk and back.

 

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. 794-12

 

WHEREAS, on May 16, 2012 , MELISSA VANCE , 910 Ann Marie Dr. , Morgantown, WV 26508 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 9, 2012 ,  from 6:00 p.m. to 6:30 p.m., on the Beach at the Adventurer Inn, 5401 Ocean Ave. ; and

                                                                                                                                               

WHEREAS,  WILDWOOD CREST EDUCATION ASSOCIATION, Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  WILDWOOD CREST EDUCATION ASSOCIATION , Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 for the purpose of a RUN/WALK to be held on June 2, 2012, form 8:00 a.m. to 11:00 a.m., on the Bike Path from Crest Pier to the Boardwalk and back

 

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. 795-12

 

WHEREAS, on May 17, 2012 , STEPHANIE SCHAFFHAUSER and SHAWNY TOCCO , 114 Barlow Ave. , Cherry Hill, NJ  08002 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on September 22, 2012 ,  from 4:00 p.m. to 5:00 p.m. on the Beach at the El Coronado, 8501 Atlantic Ave. ; and

                                                                                                                                               

WHEREAS,  WILDWOOD CREST EDUCATION ASSOCIATION, Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  WILDWOOD CREST EDUCATION ASSOCIATION , Crest Memorial School, 9100 Pacific Ave., Wildwood Crest, NJ 08260 for the purpose of a RUN/WALK to be held on June 2, 2012, form 8:00 a.m. to 11:00 a.m., on the Bike Path from Crest Pier to the Boardwalk and back

 

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. 796-12

 

A RESOLUTION AUTHORIZING A ONE MONTH EXTENSION OF A LEASE AGREEMENT BETWEEN THE BOROUGH OF WILDWOOD CREST AND ELENA SALMONS FOR STORE NO. 4, CREST PIER COMMUNITY CENTER

 

 

 

               WHEREAS, on October 19, 2011, the Borough of Wildwood Crest by Resolution No. 646-11, extended the lease term for Store No. 4 at the Crest Pier Community Center leased to Elena Salmons for a period of 90 days until March 31, 2012, with a monthly rental payment of $1,000.00 per month, and

               WHEREAS, on March 21, 2012, the Borough of Wildwood Crest by Resolution No. 751-12 extended the lease term for Store No. 4 at the Crest Pier Community Center, leased to Elena Salmons, for an additional thirty days until April 30, 2012, with the monthly rental of $1,000.00 per month, and

               WHEREAS, on April 25, 2012, the Borough of Wildwood Crest by Resolution No. 768-12 extended the lease term for Store No. 4 at the Crest Pier Community Center, leased to Elena Salmons, for an additional thirty days until May 30, 2012, with the monthly rental of $1,000.00 per month, and

               WHEREAS, a hardship situation has occurred in the relocation of the tenant (Elena Salmons) from the Crest Pier Store No. 4 out of which she operates a commercial beauty salon business and for which an additional one-month extension of the lease term has been requested by said tenant.

      NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that an extension of the lease term for a period not to exceed thirty (30) days (until June 30, 2012) is hereby authorized, with an additional month’s rental payment in the amount of $1,000.00 to be paid by the tenant on or before May 31, 2012.

 

Mrs. Gould 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 which appear in full on the following page(s) be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending April 30, 2012 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of meetings held April 25, 2012, April 30, 2012 and May 9, 2012, as well as the closed sessions held April 25, 2012 and May 9, 2012 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the GWTIDA Board new member status, the Clerk indicated that three applications had been received and were on file in his office. He asked for direction from the governing body to move the process forward. Mr. Groon stated that there had previously been discussion regarding him doing the interview of potential representatives, and he indicated that he would prefer not to do that. The Clerk offered that the entire governing body meet with each of the applicants. Mr. Cabrera inquired if that would be in closed session. The Clerk stated that he and the Solicitor would review the matter for later determination. Mr. Groon suggested that the meeting take place at the June 13, 2012 Commission meeting. Mr. Cabrera agreed. The Clerk indicated that he would move to have the three applicants appear at the June 13, 2012 meeting.

 

The Clerk reported that a status report will be provided by the Engineer with respect to the NJEIT funding request for the five buildings as previously discussed. He added that there is a window of sixty days to get the application submitted, and verification will be made from the Engineer in that regard.

 

Concerning the Boardwalk/bike path connector, the Clerk reported that progress is being made on the construction, but it does not appear that it will be completed until the latter portion of June.

 

The Clerk reported that he had been in contact with the Library Commission representative with regard to renovations and appointment of an Engineer/Architect. It was his understanding that proposals were to be received on May 30, 2012, and he would be following up for a status report. Mr. Groon inquired if the governing body’s role in the matter had been clarified. The Clerk responded that it was his understanding that once the architect has been selected and the Committee recommendations have been made, the Committee will be disbanded and the contract for the project as ultimately drafted and prior to finalization of same or any commencement of  construction, the governing body would have input on the process through the Clerk.

 

Concerning the Borough logo designs, the Clerk presented several renderings for the review of the governing body. The Clerk indicated that he, Commissioner Cabrera and the Assistant Recreation Supervisor had met with the designer on four occasions. He added that it was the Committee’s perspective that Wildwood Crest is a beach community and tourist destination and the logo should represent that theme. Mr. Cabrera stated that it was a difficult task to balance the formal seriousness of the business side of the Borough with the “fun” side of the Borough as a tourist resort. Mrs. Gould stated that it was her opinion that the seagulls should be removed from the logo, and the word “Wildwood” should be moved up, and there should only be one wave. She added that there should be some representation of a bicyclist for the bike path. Mr. Groon stated that he liked the “Crest” in dark blue and the white around the waves and felt the current logo draft was a good one.

 

There being no public comments, the Clerk reported that there would be a brief recess, after which there would be a closed session discussion for matters of personnel to discuss the Department of Administrative strategic plan.

 

Mrs. Gould introduced Mike Bernstein from Media in Motion in Cape May. She added that she and members of the Centennial Committee had been working with Mr. Bernstein to develop a light “tower” for Centennial Park. The initial purpose of the recess was for the governing body to visit Centennial Park to determine placement of the light tower. She added that the light tower would be paid for out of remaining Centennial Committee funds, not the borough budget.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be recessed in order to permit the governing body to reconvene at Centennial Park for the purpose of determining placement of the light tower at said park; the governing body to then return and reconvene the meeting in the Municipal Court room.

Vote:          Gould-Cabrera-Groon-Yes

 

The governing body reconvened in the Municipal Court room at approximately 8:00 p.m. and the second item for governing body action upon return was as follows:

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 797-12

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that one (1) (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on May 30, 2012 at 7:00 P.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

____1___            “(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are specific staffing levels in conjunction with Department of Administration strategic plan

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a cop of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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

Vote:               Gould-Cabrera-Groon-Yes

 

Dated:             June 27, 2012

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX