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Minutes of Commissioners Meeting   -   June 27, 2012

Note:  Complete Meeting Appears on CD #17-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office June 27, 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 -Groon – Yes                              Cabrera - Absent

 

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.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 806-12

Resolution Endorsing the CMCMUA Proposed Switch

Of the Cape May County Intermediate Processing Facility

To Single Stream Recycling

 

 

WHEREAS, the New Jersey Mandatory Source Separation and Recycling Act requires that at least 50% of the municipal solid waste stream and at least 60% of the total solid waste stream be recycled; and

 

WHEREAS, the Cape May County Recycling Plan, as adopted by the County Board of Chosen Freeholders and approved by the New Jersey Department of Environmental Protection, sets forth an aggressive source separation and recycling program designed to achieve this State mandate; and

 

WHEREAS, the Cape May County Municipal Utilities Authority (“CMCMUA”) and all sixteen Cape May County Municipalities have joined together in a regional, cooperative, source separation program to increase the types and quantity of recyclable materials recovered, maximize market revenues and minimize costs; and

 

WHEREAS, the Cape May County Intermediate Processing Facility (“IPF”), which is the cornerstone of this regional program, facilitates the recycling of paper, bottles and cans (“IPF Recyclables”) by residents, visitors, businesses and institutions through the convenience of mixing twenty different items into two streams for municipal collection; and

 

WHEREAS, the CMCMUA currently operates the IPF to receive, sort, upgrade and market IPF Recyclables collected by all municipalities in Cape May County; and

 

WHEREAS, municipal collection of IPF Recyclables has used two separate containers (known as dual stream) to accommodate the operation of the IPF since 1990; and

 

WHEREAS, the CMCMUA has solicited the opinion and commitment of Cape May County’s municipalities to change their municipal source separation and recycling program and the County IPF to single stream, whereby all IPF Recyclables would be placed in a single container for municipal collection; and

 

WHEREAS, the switch from dual stream to single stream recycling in other municipalities in New Jersey has been shown to increase the quantity of materials recycles; and

 

WHEREAS, increased recycling conserves additional natural resources, conserves energy, reduces pollution, and extends the life of Cape May County’s only operating landfill; and

 

WHEREAS, implementation of single stream recycling will reduce municipal expenditures by collection of recyclables from a single recycling container instead of the current dual stream system; and

 

WHEREAS, the Shared Services Agreement for Solid Waste and Recycling executed between the Borough of Wildwood Crest and the CMCMUA requires that all net revenue from the operation of the IPF be rebated to the County’s municipalities in proportion to the total tons recycled by each municipality; and

 

WHEREAS, single stream recycling presents the potential for each of the County’s municipalities to receive additional revenue in rebates from the CMCMUA, and from the State of New Jersey under the Recycling Tonnage Grant Program, as a result of any increased recycling tonnage; and

 

WHEREAS, any increased recycling tonnage realized by the switch to single stream recycling will save the municipality landfill disposal costs through avoidance of the tipping for every additional ton, or portion thereof, recycled; and

 

WHEREAS, single stream collection and processing makes recycling easier for the residents, visitors, and businesses of the Borough of Wildwood Crest; and

 

WHEREAS, the Borough of Wildwood Crest considers single stream recycling to be in the best interests of the municipality and its residents, visitors, and businesses.

 

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

 

               1.            The Borough of Wildwood Crest hereby endorses the concept of switching from dual stream recycling to single stream recycling, for both the municipal recycling program and the County-wide recycling program, including the IPF.

 

               2.            The CMCMUA is urged to expeditiously proceed with the renovation of the IPF to enable the facility to handle and process single stream recyclables.

 

               3.            A copy of this Resolution shall be transmitted to the CMCMUA.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 807-12

 

Authorizing Retention Via Professional Services Agreement Of A Community Development Consultant

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Community Development Consultant for the performance of duties associated therewith, and more specifically for the administration of a Department of Community Affairs Small Cities Fiscal Year 2013 grant, if so awarded; and

 

WHEREAS, on June 27, 2012, the Board of Commissioners of the Borough of Wildwood Crest did authorize Blauer Associates to make application to the State of New Jersey Department of Community Affairs, Small Cities Community Development Block Grant Program, for the project entitled “West Side Drainage, Phase 3” in the not to exceed amount of $400,000; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of community development; 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 Mark Blauer of Blauer Associates, Inc. is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Mark Blauer of Blauer Associates, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Mark Blauer and Blauer Associates, Inc. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing June 27, 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.                Mark Blauer of Blauer Associates, Inc., is hereby retained as Community Development Consultant to provide specialized professional services in the field of community development 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 Mark Blauer of Blauer Associates, Inc., for specialized professional services as Community Development Consultant for a term of one (1) year, which contract shall provide for a fee of $1,800.00 for the submission of any authorized grant application and administrative fees to be paid from the proceeds of any grant funds realized; all of which is more fully described in the attached agreement which is made a part hereof by reference as if fully set forth, all of which is more fully conditioned upon certification of availability of funds below by the Chief Financial Officer in conjunction with commitment by the governing body to fund said costs and fees in the CY 2012 Municipal Budget.

 

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. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 808-12

 

Whereas, the Borough of Wildwood Crest desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for an amount not to exceed $400,000 for the West Side Drainage Improvements, Phase 3 Project and will enter into a grant agreement for said grant if approved;

 

NOW, THEREFORE, BE IT RESOLVED,

 

1) that the Borough of Wildwood Crest does hereby authorize the application for such a grant, and,

 

2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of Wildwood Crest and the New Jersey Department of Community Affairs.

 

BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement to sign the agreement, and any other documents necessary in connection therewith:

 

                                                                                                                                                                    

                                                                                                                                       (signature)                                                                       (signature)

               Carl H. Groon, Mayor                                                    Kevin M. Yecco, Borough Clerk

 

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

Prior to the vote, Mr. Groon requested a discussion. He inquired of the Engineer whether an adjustment of scope would be permitted. The Engineer responded “no.” The Engineer added that the maximum grant amount would be $400,000 and the Borough’s minimum match would be 15%. Mr. Groon inquired if the Borough was required to declare a scope of the project with the application. The Engineer responded that a broad scope was required, but it could be fine tuned.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 809-12

 

Adoption of State Model Citizen Participation Plan for DCA Small Cities Program

 

Whereas, the Borough is Wildwood Crest is an applicant for a Department of Community Affairs Fiscal Year 2013 Small Cities Community Development Project for an amount not to exceed $400,000 for the West Side Drainage Improvements, Phase 3 Project and will enter into a grant agreement for said grant if approved; and

 

Whereas, that grant agreement will require the Borough of Wildwood Crest to comply with all federal regulations with respect to citizen participation; and

 

Whereas, the Borough of Wildwood Crest has reviewed the State Model Citizen Participation Plan prepared for Small Cities CDBG grantees; and

 

Now, Therefore Be It Resolved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the State Model Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG is adopted by the Borough of Wildwood Crest; and

 

The Borough of Wildwood Crest will follow all regulations set forth in that document throughout the term of the grant agreement cited above.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 810-12

 

Approving Public Facilities Grant Management Plan

 

WHEREAS, the Borough of Wildwood Crest will apply for $400,000 in Fiscal Year 2013 CDBG funds for the West Side Drainage Improvements, Phase 3 Project; and

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to prepare a Grant Management Plan to define project staffing and project activities; and

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to officially adopt its Grant Management Plan; and

 

WHEREAS, the Borough has prepared a Grant Management Plant for its Fiscal Year 2013 Public Facilities project;

 

NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey adopts the Grant Management Plan prepared by Blauer Associates for the Fiscal Year 2013 Public Facilities project.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 811-12

 

Identifying Small Cities Fair Housing Officer

 

Whereas, the Borough of Wildwood Crest is applying for a Fiscal Year 2013 Small Cities Community Development Block Grant in an amount not to exceed $400,000 from the New Jersey Department of Community Affairs for financial assistance for the West Side Drainage Improvements, Phase 3 Project; and

 

Whereas, the Borough of Wildwood Crest must make efforts to affirmatively further fair housing; and

 

Whereas, the Borough of Wildwood Crest has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

 

Whereas, the Borough of Wildwood Crest has made assurances in the grant agreement that;

 

1.                                          It will comply with the Housing and Community Development Act of 1974, as amended, and regulations issues thereto; and

2.                                          It will comply with the Civil Rights Act of 1964, and the regulations issued thereto it; and

3.                                          It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing; and

4.                                          It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of 1973.

                             

Now, Therefore, Be It Resolved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Borough Clerk shall be designated as the Small Cities Program Fair Housing Compliance Officer for the Borough of Wildwood Crest; and

 

Be It Further Resolved that the Fair Housing Officer shall contact the US HUD Regional Office of Housing and Equal Opportunity and the NJ Division on Civil Rights, inform those agencies of his/her appointment as Fair Housing Officer and request Fair Housing Information; and

 

Be It Further Resolved, that the Fair Housing Officer shall provide fair housing advisory services and assistance and referral advice to persons requesting such assistance from the Borough of Wildwood Crest; and

 

Be It Further Resolved, that the Borough of Wildwood Crest will publish in the local newspaper of record and post at the Borough Municipal Building a public notice announcing the appointment of the Fair Housing Officer and the availability of local fair housing advisory services.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 812-12

 

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, that JEFF WALDEN, 6101 New Jersey Avenue, Wildwood Crest, New Jersey be, and he is hereby appointed the private citizen representative of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term of one (1) year commencing effective June 29, 2012, and terminating June 28, 2013.

 

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

Prior to the vote, Mrs. Gould indicated that she had spoken to Mr. Walden since he is out of town in the winter. Mr. Walden advised her that many UEZ meetings are cancelled and the meetings take place perhaps once every three months. Mr. Walden indicated that he would be leaving town in October and would not be returning until Spring 2013. Mr. Groon stated that the UEZ will be conducting important meetings in the next six weeks and he did not want the Borough to be under-represented. The Clerk advised that the appointment would be for one year, until June 28, 2013. Mr. Groon reiterated his opinion that the Borough would be needing representation in the next several weeks, after which Mr. Cabrera could speak to Mr. Walden regarding his availability for future meetings.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 813-12

 

WHEREAS, on June 13, 2012, WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd , Randolph, NJ 07869 , applied for a Special Events Permit for the purpose of a VOLLEYBALL TOURNAMENT   to be held on Friday, August 24, 2012 with a rain date of Saturday, August 25, 2012 from 9:00 a.m. to 4:00 p.m., on the beach in front of the Pan American Hotel, 5901 Ocean Ave. ; and

                                                                                                                                               

WHEREAS, WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK, 63 Wilkeshire Blvd, Randolph, NJ 07869 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 WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd, Randolph, NJ 07869 for the purpose of a VOLLEYBALL TOURNAMENT to be held on Friday, August 24, 2012 with a rain date of Saturday, August 25, 2012 , from 9:00 a.m. to 4:00 p.m., on the beach in front of the Pan American Hotel, 5901 Ocean Ave. 

 

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

Prior to the vote, Mrs. Gould commented that this is a Ukranian organization and they would be holding this tournament on a Ukranian beach (Crocus Road).

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 814-12

 

WHEREAS, on April 23, 2012 , Patricia Sorensen , 121 E. Rambler Rd., Wildwood Crest , NJ 08260 , paid the 2012 mercantile license fee, including the TDF fee or $150, for the seasonal rental of a three bedroom house at 8606 Atlantic Ave. ; and

                                                                                                                                               

WHEREAS, on June 19, 2012, WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK, 63 Wilkeshire Blvd, NJ 08260 submitted a year around lease with a term commencing May 1, 2012 and a letter requesting a refund of the $150 TDF fee; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and he is hereby authorized and directed to cause a refund in the amount of $ 150.00 to be made to WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd, Randolph, NJ 07869 for the reason set forth hereinabove.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 815-12

 

WHEREAS, LEE-ANN KANE, 1007 Central Avenue, North Wildwood, New Jersey 08260, paid Three Hundred Fifty ($350.00) Dollars, to the Borough of Wildwood Crest for the enrollment of her daughter, Riley, in the Pier Playmates Summer Day Camp; and

 

WHEREAS, due to unforeseen circumstances, Riley Kane will be unable to attend the Pier Playmates Summer Day Camp in 2012; and

 

WHEREAS, LEE-ANN KANE has requested a refund of tuition in the amount of Three Hundred Fifty ($350.00) 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 Three Hundred Fifty ($350.00) Dollars to LEE-ANN KANE, 1007 Central Avenue, North Wildwood, New Jersey 08026.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 816-12

 

WHEREAS, BUTCH AND MARY RULON, 116 West Andrews Avenue, Wildwood, New Jersey 08260, have paid Fifty ($50.00) Dollars to the Borough of Wildwood Crest for the enrollment of their children, William and Natalia, in the Wildwood Crest Summer Basketball League; and

 

WHEREAS, the Rulon family have learned that their daughter’s AAU basketball team has mandatory practice on the same nights as the summer league and will not be able to participate in the Wildwood Crest Summer Basketball League, and have requested a refund of the monies paid on behalf of Natalia; and

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund in the amount of Twenty Five ($25.00) Dollars to BUTCH AND MARY RULON, 116 West Andrews Avenue, Wildwood, New Jersey 08260.

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 817-12

 

WHEREAS, on June 25, 2012 ,  the VIETNAM VETS CHAPTER #955 , P.O. Box 481 , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a 5K RUN   to be held on July 4, 2012 ,  from 9:00 a.m. to 10:00 a.m., on the beach from Cresse Ave. to Primrose Rd ; and

                                                                                                                                               

WHEREAS, WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK, 63 Wilkeshire Blvd, Randolph, NJ 07869 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 WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd, Randolph, NJ 07869 for the purpose of a VOLLEYBALL TOURNAMENT to be held on Friday, August 24, 2012 with a rain date of Saturday, August 25, 2012, the seasonal rental of a three bedroom house at on the beach in front of the Pan American Hotel, 5901 Ocean Ave..

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

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

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending May 31, 2012 be accepted as presented and filed.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of Commission meetings held May 30, 2012 and June 13, 2012, as well as closed session minutes held both dates, be approved as presented.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

The first matter for discussion was the GWTIDA funding requests. Mr. Groon requested that the matter be held over until Mr. Cabrera is present. The Clerk reported that the governing body was in possession of the information pertaining to the meeting attended by the Clerk and the Mayor on June 18, 2012, and indicated that he would hold the matter over for discussion at the July 11, 2012 Commission meeting as requested.

 

Mr. Groon reported that there has been discussion regarding the parking situation at the bike ramp, and indicated that the Public Safety Department would be putting up signs and paint lines and curbing to temporarily alleviate the situation pending a long-term solution.

 

Mr. Groon also indicated that there was an ongoing issue with the exit and entrance at Rambler (Sunrise) Park, as well as an issue with the turn-around. He indicated that after speaking with the Engineer, he suggested that the issues be dealt with in total after the season.

 

Mr. Groon then indicated that the grant to be applied for with regard to Lake Road would cover approximately two streets, and that would leave one street on Lake Road to be completed. Since the equipment will be there already, it was his suggestion that the last street (Crocus) be completed at the same time. The Clerk suggested that it be included as an Add Alternate in the bid specifications. The Engineer concurred.

 

Dan Nickerson, 5400 Lake Road, commented on his mercantile license for his boat slip rentals. He stated that he leases the water from the State and pays them $950 per year and asked how it was legal for the Borough to charge him for a mercantile license. Mr. Groon suggested that Mr. Nickerson meet with the Clerk/Administrator to review Mr. Nickerson’s documentation. The Clerk/Administrator would then report to the governing body.

 

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

RESOLUTION NO. 818-12

 

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 3 (three) (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 June 27, 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____            “(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is the Borough’s continuation in the “Wildwoods UEZ.”

 

___1____            “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are Ferraro v. Wildwoods UEZ, et al

 

___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 consideration of qualifications/results of interviews from GWTIDA Executive Board candidates.

 

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. Groon, that the foregoing Resolution be adopted.

Vote:           Gould-Groon-Yes                                      Cabrera-Absent

 

Upon returning to open session, from the authorized closed session, the Clerk reported that he had received a transmittal from John Siciliano, Executive Director of GWTIDA. GWTIDA was requesting the Borough to adopt a resolution of support. Mr. Groon asked that the Solicitor further review the sample resolution provided before the governing body takes any action.

The Clerk reported that he had received a request from the City of Wildwood for a letter of support to be provided as to the skating rink proposed by the City of Wildwood;  to be supplied for purposes of an Open Space Preservation Trust Fund meeting with the County to be attended by Wildwood representatives. The Clerk had indicated to the Wildwood representative that the request was received too late to provide the letter prior to the Open Space meeting. Wildwood requested that the letter be provided in any event. It was determined that the Clerk would request more specific information regarding the project prior to the governing body making a final determination as to consideration of support.

 

There being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:           Gould-Groon-Yes                                      Cabrera-Absent

 

Dated:         July 25, 2012          

Kevin M. Yecco, Borough Clerk  

MINUTES OF MEETINGS INDEX