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Minutes of Commissioners Meeting   -   July 25, 2012

Note:  Complete Meeting Appears on CD #20-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office July 25, 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 Mrs. Gould, that Ordinance No. 1145 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 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 a public hearing be held on Ordinance No. 1145.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould reported that she had been approached by a resident who indicated that the park at Rambler Road was “wonderful” but that there are no benches for sitting. Mr. Cabrera responded that the benches would be addressed by this pending ordinance.

Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1145 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1145 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1146 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 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 a public hearing be held on Ordinance No. 1146.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1146 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1146 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 827-12

 

                        WHEREAS, bids have been received in response to advertisement of Notice to Bidders

                        published in The Herald issue of June 20, 2012, for the following item:

 

Cresse Avenue Drainage Improvements, between Lake Road and Park Boulevard, in the Borough of Wildwood Crest; and

 

WHEREAS, the Borough of Wildwood Crest did include water utility improvements in said project as authorized by the City of Wildwood; and

 

WHEREAS, Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, submitted the low bid in the amount of Four Hundred Twenty Nine Thousand Nine Hundred Twenty Two Dollars and Thirty Two Cents ($429,922.32); and

 

WHEREAS, the Borough of Wildwood Crest portion is Three Hundred Fifty Seven Thousand Two Hundred Ninety Eight Dollars and Fifty Eight Cents ($357,298.58), and the City of Wildwood Water Utility portion is Seventy Two Thousand Six Hundred Twenty Three Dollars and Seventy Four Cents ($72,623.74); 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,” Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the bid amount of Four Hundred Twenty Nine Thousand Nine Hundred Twenty Two Dollars and Thirty Two Cents ($429,922.32), with the Borough of Wildwood Crest’s portion being Three Hundred Fifty Seven Thousand Two Hundred Ninety Eight Dollars and Fifty Eight Cents ($357,298.58), and the City of Wildwood’s Water Utility portion of said bid being Seventy Two Thousand Six Hundred Twenty Three Dollars and Seventy Four Cents ($72,623.74), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications and is further conditioned upon receipt of an appropriate resolution from the City of Wildwood authorizing acceptance of the contract as to the portion of said contract payable by the City of Wildwood in the amount of Seventy Two Thousand Six Hundred Twenty Three Dollars and Seventy Four Cents ($72,623.74), and upon receipt of certification of available funds by the Chief Financial Officers of the Borough of Wildwood Crest and the City of Wildwood; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the total bid amount of Four Hundred Twenty Nine Thousand Nine Hundred Twenty Two Dollars and Thirty Two Cents ($429,922.32).

 

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, as follows:

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the total and complete project bid of Four Hundred Twenty Nine Thousand Nine Hundred Twenty Two Dollars and Thirty Two Cents ($429,922.32); with the Borough of Wildwood Crest’s portion being Three Hundred Fifty Seven Thousand Two Hundred Ninety Eight Dollars and Fifty Eight Cents ($357,298.58), and is subject to certification below as to the availability of funds by the Chief Financial Officer, and with the City of Wildwood’s portion being Seventy Two Thousand Six Hundred Twenty Three Dollars and Seventy Four Cents ($72,623.74), subject to certification below by the Chief Financial Officer of the City of Wildwood.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest subject to the receipt of appropriate resolution from the City of Wildwood authorizing same and subject to the certification of both the Borough of Wildwood Crest and the City of Wildwood as to necessary funds as available by the Chief Financial Officers of the municipalities.
  4. That the City of Wildwood awards their portion of the contract for water utility improvements in the amount of Seventy Two Thousand Six Hundred Twenty Three Dollars and Seventy Four Cents ($72,623.74), subject to certification by the Chief Financial Officer of the city of Wildwood as to the availability of funds.
  5. That the New Jersey Department of Community Affairs approves Perna Finnigan, Inc. as the contractor for said project and concurs with the award of contract.

 

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. 828-12

 

Amended Resolution 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 $1,565.

 

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. 829-12

 

WHEREAS, Neil Young was appointed “Temporary” Chief Financial Officer for one (1) year, pursuant to the provisions N.J.S.A. 40A:9-140.10 and N.J.S.A. 40A:9-140.13(f), said temporary term of office expiring July 31, 2012; and

 

WHEREAS, the Commissioner of Revenue and Finance desires to retain the services of Neil Young, as “Temporary” Chief Financial Officer, for the one additional year pursuant to the statutory authority contained herein above; and

 

WHEREAS, the Commissioner of Revenue and Finance has determined that it is in the best interests of the Borough of Wildwood Crest to retain the services of Neil Young in an “at-will  capacity” to serve as Chief Financial Officer commencing effective August 1, 2012 and terminating July 31, 2013 pursuant to the provisions of N.J.S.A. 40A:9-140.13(f), the governing body or Chief Executive Officer, as appropriate, is empowered to appoint a Temporary Chief Financial for two (2) consecutive one (1) year periods; and

 

WHEREAS, Commissioner Joyce P. Gould, Director of the Department of Revenue and Finance has offered into nomination the name of Neil Young, to serve as Temporary Chief Financial Officer for the second one-year period, commencing effective August 1, 2012 and expiring July 31, 2013; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Neil Young as Temporary Chief Financial Officer for the temporary period above stated.

 

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

2.      The appointment of Neil Young as “Temporary Chief Financial Officer,” effective August 1, 2012 and terminating July 31, 2013, by Commissioner Joyce P. Gould, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

 

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. 830-12

 

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

159-17                                Gagliardo, Ronald & Joanne                                            $890.66

2012 Tax                            208 W Pittsburg Ave

                                             Ronald Gagliardo qualifies for 100% Veteran Tax Exemption.

                                             Exemption pro-rated from April 12, 2012.

                                             Refund overpayment to owner caused by new 100% tax exemption.

 

3-19                                     G’s Investment LLC                                                       Amount

2012 Tax                            139-41 W Morning Glory Rd                                       $1,546.36

                                             Shore Title made an estimated payment for 2012 taxes.

                                             Estimated 2012 payment created an overpayment.

                                             Refund overpayment to Shore Title  Agency, Inc.

                                            

 

               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

July 25, 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. 831-12

 

WHEREAS, Arlieen Franco has tendered her resignation as Business Representative for the Borough of Wildwood Crest to the Greater Wildwoods Tourism Improvement Development Authority (GWTIDA) effective May 3, 2012; and

 

WHEREAS, it is the desire of the Board of Commissioners to fill the unexpired term of Arlieen Franco as the Business Representative for the Borough of Wildwood Crest of GWTIDA;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, in accordance with the provisions of P.L. 1992, Chapter 165, Section 20, paragraph c, which specifically provides for the appointment of members of the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS, that MARY NELL L. MURPHY, 317 East St. Louis Avenue, Wildwood Crest, New Jersey, be and she is hereby appointed from the “business” sector to membership on the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS to fill the unexpired term of Arlieen Franco, effective immediately and expiring August 14, 2015.

 

BE IT FURTHER RESOLVED that the foregoing appointment constitutes one of the three appointments the Borough of Wildwood Crest is entitled to make to the aforesaid Authority, based upon the provisions of the above referenced public law, otherwise known as the “Tourism Improvement and Development District Act.”

 

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

Prior to the vote, Mrs. Gould asked Ms. Murphy to stand and be introduced. Mr. Groon advised those present that Ms. Murphy would be the Borough’s business representative to the GWTIDA Executive Board.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 832-12

 

WHEREAS, ROBERT W. and LINDA M. HEINTZ, 511 Andrea Drive, Willow Gove, PA 19090, paid Two Hundred Ten ($210.00) Dollars to the Borough of Wildwood Crest for the 2012 mercantile license on rental property located at 8102 Seaview Avenue; and

 

WHEREAS, Mr. and Mrs. Heintz have sold the rental property located at 8102 Seaview Avenue on June 27, 2012 without having rented the property for the 2012 summer season; and

 

WHEREAS, ROBERT W. and LINDA M. HEINTZ have requested a refund of the Two Hundred Ten ($210.00) Dollars paid for the 2012 Mercantile License;

 

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 Two Hundred Ten ($210.00) Dollars to ROBERT W. and LINDA M. HEINTZ, 511 Andrea Drive, Willow Grove, PA 19090.

 

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. 833-12

 

               WHEREAS, on April 20, 2012, TIMOTHY MACGREGOR, 603 W. Burk Ave., Wildwood, NJ 08260, paid the 2012 mercantile license fee of $101.40  for two  coin-operated vending machines at the rate of $50.70 per machine, inclusive of all tourism fees, for  the Oceanside Motel,  422 E. Farragut Rd., License#L2-01378; and 

 

               WHEREAS, on July 17, 2012, TIMOTHY MACGREGOR, 603 W. Burk Ave., WILDWOOD, NJ 08260, submitted a new mercantile application indicating he had only one coin-operated soda machine in the current license period and had erroneously made payment for two machines; and

 

               WHEREAS, TIMOTHY MACGREGOR has submitted a request for a refund of the fee paid for one vending machine in the amount of $50.70; 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, State of 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 $50.70 to be made to TIMOTHY MACGREGOR, 603 W. Burk Ave., Wildwood, NJ 08260, for the reason set forth hereinabove.

 

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. 834-12

 

WHEREAS, on July 10, 2012 , GREGORY LEWIS , 13 West 13th St., Apt. 4AN , New York, NY 10011 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 4, 2012 with a rain date of August 5, 2012 ,  from 3:00 p.m. to 7:00 p.m., at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  GREGORY LEWIS, 13 West 13th St., Apt. 4AN, New York, NY 10011 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  GREGORY LEWIS , 13 West 13th St., Apt. 4AN, New York, NY 10011 for the purpose of a WEDDING to be held on August 4, 2012 with a rain date of August 5, 2012 , from 3:00 p.m. to 7:00 p.m., at the Sunset Lake Gazebo.

 

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. 835-12

 

WHEREAS, on July 13, 2012 , MARIE ASHMORE , 5589 Hamilton South , Sciota, PA 18354 , applied for a Special Events Permit for the purpose of the HOLSOPPLE WEDDING   to be held on August 11, 2012 ,  from 2:00 p.m. to 3:30 p.m, at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  GREGORY LEWIS, 13 West 13th St., Apt. 4AN, New York, NY 10011 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  GREGORY LEWIS , 13 West 13th St., Apt. 4AN, New York, NY 10011 for the purpose of a WEDDING to be held on August 4, 2012 with a rain date of August 5, 2012, from 3:00 p.m. to 7:00 p.m., at the Sunset Lake Gazebo.

 

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. 836-12

 

WHEREAS, on July 13, 2012 , MICHAEL E. FOX , 24 Lincoln Ave. , West Orange, NJ 07052 , applied for a Special Events Permit for the purpose of a 60th ANNIVERSARY VOW RENEWAL CEREMONY   to be held on September 1, 2012 ,  from 10:00 a.m. to 2:00 p.m., at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  GREGORY LEWIS, 13 West 13th St., Apt. 4AN, New York, NY 10011 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  GREGORY LEWIS , 13 West 13th St., Apt. 4AN, New York, NY 10011 for the purpose of a WEDDING to be held on August 4, 2012 with a rain date of August 5, 2012, from 3:00 p.m. to 7:00 p.m., at the Sunset Lake Gazebo.

 

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. 837-112

 

WHEREAS, on July 16, 2012 , CHRYSLER OWNERS GROUP, MARK CILIANO, PRES. , 7 Lord Place , Old Saybrook, CT 06475 , applied for a Special Events Permit for the purpose of a Block Party   to be held on September 28, 2012 ,  from 6:00 p.m. to 9:00 p.m., on Forget-Me-Not Rd. between Ocean Ave. and Atlantic Ave. ; and

                                                                                                                                               

WHEREAS,  GREGORY LEWIS, 13 West 13th St., Apt. 4AN, New York, NY 10011 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  GREGORY LEWIS , 13 West 13th St., Apt. 4AN, New York, NY 10011 for the purpose of a WEDDING to be held on August 4, 2012 with a rain date of August 5, 2012, from 3:00 p.m. to 7:00 p.m., at the Sunset Lake Gazebo

 

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

 

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 June 30, 2012 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held June 27, 2012 and July 11, 2012, as well as closed sessions held on both dates, be approved as presented.

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

With regard to the GWTIDA funding requests, the Clerk indicated that the Executive Director of GWTIDA had submitted a request for the Borough to adopt a resolution endorsing GWTIDA’s request for a Tourism District in the Wildwoods. Mr. Groon stated that he wanted to have the matter held over for a later meeting. Mr. Cabrera suggested that all GWTIDA related concerns be discussed with the Borough’s three GWTIDA Executive Board representatives. He added that in the past he had been holding quarterly meetings with those representatives, and indicated that he would be willing to continue to do so. Mr. Groon indicated that he wanted to have the issues separated and he asked that the Commissioners continue to retain control over the tourism district matter. It was agreed that the issue would be further discussed at the second meeting of September with Wildwood GWTIDA Executive Board Members in attendance.

 

Concerning the Borough buildings renovations, the Clerk indicated that he had provided the governing body with an updated schedule of renovations needed as presented by the Engineer, along with revised cost estimates. The CFO was in attendance to provide input as to how those costs would be fit into the 2013 Capital budget. Mr. Cabrera stated that he had not had a chance to review the revised list and asked that the matter be held over to a later meeting. The Clerk responded that the concern, as expressed by the CFO, is that anything that would be considered in the way of funding for fall or winter 2012 must be included in a bond ordinance to be adopted in August 2012. Mr. Groon stated that several items had already been presented to the CFO that were non-construction related and have been approved. Those items should be on the agenda for the first meeting in August. The remainder of the items on the list may wait for a later date. The CFO was instructed to prepare a bond ordinance for the meeting of August 8, 2012 to include those items already presented and approved.

 

The Engineer reported, with regard to north-south street conditions along Pacific Avenue, that the City of Wildwood Water Utility had indicated that they would be replacing the water main for the entire length of the project. Mr. Groon stated that the governing body had not made a decision regarding Pacific Avenue. He added that it was his understanding from speaking to the Engineer that there is very little other piping beneath Pacific Avenue. Therefore, the cost of doing Pacific Avenue would not be relative to the costs of doing Seaview Avenue or New Jersey Avenue. The Engineer concurred. Mr. Groon added that the cost of doing Pacific Avenue would entail only replacing the asphalt and the ADA compliant ramps.

 

The Clerk inquired if there was anything to be reported regarding the continued UEZ participation. Mr. Cabrera responded that there was nothing to be reported. Mr. Groon inquired if the “Van Drew Bill” would place administration at the State level or the local level. The Clerk responded that a copy of the bill had not been provided for the Borough’s review. He was instructed to obtain a copy of the bill for review by the governing body.

 

Mr. Groon inquired as to the status of the boardwalk/bike path connector. The Engineer reported that the contract had indicated that the project should be substantially complete by Friday, August 3, 2012.

 

Laurie Piontkowski, 308 East Hollywood Avenue, commented on the limited parking situation near their home. She inquired if the governing body could consider selling parking permitted spaces to residents. She went on to state that she would be paying the Borough to have a parking space in front of her home which would generate revenue, and if anyone parks in that space a ticket would be issued, generating more revenue. Mr. Groon responded that the Borough had discussed the matter in the past, but it had not been moved forward. He inquired of Ms. Piontkowski if the situation had worsened in the last several years. She responded that it had. She added that the reason was that the motels in the vicinity permit one space per room and any additional vehicles are parked on the street, in addition to the residents on the street and beach-goers. Mrs. Gould stated that the Borough has historically only had assigned spaces for handicapped residents. The Police Lieutenant stated that it would be an enforcement nightmare. Mr. Groon stated that the Borough has other issues regarding parking being accumulated from the 2012 summer season and this suggestion would be added to the list.

 

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

RESOLUTION NO. 838-12

 

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 July 25, 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 staffing levels/assignments in conjunction with the strategic plan of the Department of Administration

 

 

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

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX