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Minutes of Commissioners Meeting   -   July 11, 2012

Note:  Complete Meeting Appears on CD #18-12 & 19-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office July 11, 2012
Wildwood Crest, NJ

Prior to the opening of the meeting, Boy Scout Troop 73 from West Cape May 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 – 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.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1145

A CAPITAL ORDINANCE PROVIDING FOR THE ACQUISITION OF PUBLIC WORKS VEHICULAR EQUIPMENT AND THE ACQUISITION OF PUBLIC BENCHES AND APPROPRIATING THEREFOR THE AMOUNT OF $125,000 FROM CAPITAL IMPROVEMENT FUND

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1145 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 25, 2012 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1146

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-4, EMPLOYMENT OF OFF-DUTY EMERGENCY MEDICAL TECHNICIANS, AMENDING ORDINANCE NO. 1038 ADOPTED JUNE 27, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010 AND ORDINANCE NO. 1103 ADOPTED JULY 21, 2010

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1146 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 25, 2012 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 819-12

Authorizing the Application for and the Execution of

a Subcontract with the County of Cape May for

the Municipal Alliance Program

 

WHEREAS, pursuant to P.L. 1989, Ch. 51, the Municipal Alliance Program has been made available to each county in order to increase drug and alcohol prevention services; and

 

WHEREAS, the Borough of Wildwood Crest has agreed to join the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM to organize and coordinate efforts involving schools, law enforcement, business, local organizations and the community for the purpose of reducing alcoholism and drug abuse; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM consisting of the City of North Wildwood, City of Wildwood, Borough of West Wildwood and Borough of Wildwood Crest will continue to work toward the development and implementation of community based alcoholism and drug abuse education, awareness, alternative and prevention programs; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM will submit an application to conduct prevention activities during the subcontract period.

 

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 Borough of Wildwood Crest hereby authorizes and designates the City of North Wildwood, as Lead Municipality for the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM, to submit an application for the 2013 DEDR Grant Funds, and, if approved, to execute on behalf of the City of North Wildwood, City of Wildwood, Borough of West Wildwood, and Borough of Wildwood Crest, a contract between the County of Cape May and the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM; the Contract (Subcontract) period to be from January 1, 2013 to December 31, 2013.

 

BE IT FURTHER RESOLVED that the Chief Financial Officer of the City of North Wildwood is hereby authorized and directed to execute the section of the Subcontract entitled “Statement of Assurances.”

 

BE IT FURTHER RESOLVED that the total amount of the Contract shall be $43,074; consisting of a county allocation of $21,537; a local in-kind match of $16,153; and a total local cash match of $5,384 with the Borough of Wildwood Crest portion being $1,346.

 

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. 820-12

WHEREAS, on June 26, 2012,  KATHLEEN & GEORGE QUEEN , 96 W. Charleston Ave. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a BLOCK PARTY   to be held on July 28, 2012 ,  from 5:00 p.m. to 8:00 p.m., on West Charleston Ave. ; and

                                                                                                                                               

WHEREAS, KATHLEEN & GEORGE QUEEN, 96 W. Charleston Ave., Wildwood Crest, NJ 08260 have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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 KATHLEEN & GEORGE QUEEN , 96 W. Charleston Ave., Wildwood Crest, NJ 08260 for the purpose of a BLOCK PARTY to be held on July 28, 2012 , from 5:00 p.m. to 8:00 p.m., on West Charleston Ave.

 

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. 821-12

WHEREAS, on July 2, 2012 ,  LISA TRAVASCIO , 112 E. Louisville Ave. , Wildwood Crest , NJ 08260 applied for a Special Events Permit for the purpose of a BLOCK PARTY to be held on July 28 , 2012 from 4:00 p.m. to 8:00 p.m. , on the 100 East Block of Louisville Ave .; and

 

WHEREAS, LISA TRAVASCIO 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 LISA TRAVASCIO , 112 E. Louisville Ave. , Wildwood Crest, NJ 08260 for the purpose of a BLOCK PARTY to be held on July 28, 2012 from 4:00 p.m. to 8:00 p.m. on the 100 East Block of Louisville Ave .

 

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. 822-12

WHEREAS, on June 29, 2012 , BRADLEY W. MENZEL, JR. , 525 N. 23rd St. , Lebanon, PA 17046 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 5, 2012 ,  from 6:00 p.m. to 6:45 p.m., at the Bike Path Gazebo, and adjacent beach area ; and

                                                                                                                                               

WHEREAS, KATHLEEN & GEORGE QUEEN, 96 W. Charleston Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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 KATHLEEN & GEORGE QUEEN , 96 W. Charleston Ave., Wildwood Crest, NJ 08260 for the purpose of a BLOCK PARTY to be held on July 28, 2012, from 5:00 p.m. to 8:00 p.m., on West Charleston Ave..

 

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. 823-12

WHEREAS, on June 13, 2012 ,  the WILDWOOD CREST DOLPHIN SWIM TEAM, INC. , Barry Gehring, Co-President, 200 W. Denver Ave. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a SWIM EVENT   to be held on  September 22, 2012 , from 8 a.m. to 1:00 p.m., at Sunset Lake. ; and

 

WHEREAS, KATHLEEN & GEORGE QUEEN, 96 W. Charleston Ave., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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 KATHLEEN & GEORGE QUEEN , 96 W. Charleston Ave., Wildwood Crest, NJ 08260 for the purpose of a BLOCK PARTY to be held on July 28, 2012, from 5:00 p.m. to 8:00 p.m., on West Charleston Ave.

 

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. 824-12

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH AUDITOR, to be retained by the Borough for the performance of auditing/accounting work and related duties associates therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

         WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

         WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award; and

 

         WHEREAS, Glen Ortman, RMA, of the firm of Ford Scott Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Glen Ortman, RMA, and the firm of Ford Scott Associates, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing July 11, 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, in the County of Cape May, New Jersey, as follows:

 

         1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with GLEN ORTMAN, R.M.A., of the firm of Ford Scott Associates, LLC, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as the governing body setting sufficient funds in the 2013 Municipal Budget, in accordance with the proposal dated July 6, 2012 attached hereto, at a not to exceed amount of $33,700.00, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Auditor is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

         3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

         4. The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

         5.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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 pages, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to GWTIDA funding requests, it was acknowledged that virtually no additional funding would be forthcoming for borough-sponsored requests based upon a recent meeting attended by the Mayor and Clerk/Administrator with island-wide officials and GWTIDA representatives.  The Clerk/Administrator next indicated that all were in receipt of correspondence and a sample resolution from the GWTIDA Executive Director requesting the State return additional taxes collected and otherwise enable the creation of a “tourism district” similar to Atlantic City.  The Mayor opined that perhaps a meeting could be set up with the Executive Director to gather additional information on the request.

 

Concerning the borough building renovations, a review is currently on-going to determine scope of work required to be performed as well as accompanying cost estimates to be supplied by the Borough Engineer.  Grant funding (USDA/NJEIT) will be pursued upon development of priority list and capital will be considered as well to finance costs.

 

Since the State will administering the UEZ and no local administrative costs will be necessary, it was requested that the Solicitor advise Wildwood and North Wildwood that, effective 7/1/12, the Borough will no longer be budgetarily funding local UEZ administrative costs and expenses.

Mr. Cabrera offered that no contributions will be necessary going forward as there is no local budget for 2012-13 and, therefore, no local administrative costs to be shared.  The Clerk/Administrator offered that the island-wide ordinance establishing local UEZ participation. may need to be repealed.

 

Mr. Cabrera next provided a revised design of the borough logo and asked that everyone provide one more careful review of the current version so that a final product may be developed. 

 

 

 

 

 

Louise Wilson, 119 West Denver Avenue, commented on the cost of parking permits in the Borough. She indicated that the cost in Wildwood Crest is $100 higher than in Wildwood and North Wildwood. She went on to state that parking should be free for the concerts. Additionally, she requested that bike racks be placed at the beach street-ends south of Rambler. She then commented that the steps at the kayak launch ramp has too many “danger” signs. She was advised that her concerns would be looked into.

 

Dominic Froio suggested that all cable and telephone lines should be removed and placed underground in light of recent power outages due to storms. He suggested that the work could be done in phases to spread the costs over time.

 

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

RESOLUTION NO. 825-12

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 three (3) (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 July 11, 2012 at 9:30 A.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 continued participation in “Wildwoods” UEZ for 2012-13.

 

__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 Ferrara v. “Wildwoods” UEZ, et al

 

__2_____            “(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 GWTIDA Executive Board appointment and appointment of Borough Engineer

 

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-Cabrera-Groon-Yes

 

Upon returning from closed session, there was discussion regarding the re-appointment of the Borough Engineer. It was determined to extend the contract effective July 21, 2012 and terminating August 31, 2012. The governing body agreed unanimously.

 

Mr. Cabrera stated that he had provided the Clerk/Administrator with some suggestions for revising the Beach Ordinance for consideration for 2013. He indicated that it was his opinion that the current ordinance was outdated and needed to be revised. The Clerk indicated that Mr. Cabrera had suggested permitting fires on the beach and to remove the prohibition of alcoholic beverages on the beach. He indicated that all of the Commissioners would have to give close consideration to those suggestions, based upon potential exposures to be created. The Solicitor interjected that by permitting alcoholic beverages on the beach, the Borough would be creating a liability issue. Mr. Cabrera also indicated that he was working on an “Adopt a Beach” program and he would be providing the particulars to the governing body in the near future.

 

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:        July 25, 2012

Kevin M. Yecco, Borough Clerk  

MINUTES OF MEETINGS INDEX