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Minutes of Commissioners Meeting   -   August 29, 2012

Note:  Complete Meeting Appears on CD #23-12 & 24-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 29, 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1147 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. 1147

BOND ORDINANCE APPROPRIATING $614,000 AND

AUTHORIZING THE ISSUANCE OF $583,300 BONDS OR

NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1147.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1147 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1147 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1148 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. 1148

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1148.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1148 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1148 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. 850-12

Resolution For Renewal Of Membership In The

Atlantic County Municipal Joint Insurance Fund

WHEREAS, the Borough of Wildwood Crest is a member of the Atlantic County Joint Insurance Fund (hereinafter the "FUND"); and

WHEREAS, said membership terminates as of January 1, 2013 unless earlier renewed by agreement between the municipality and the FUND; and

WHEREAS, the Borough of Wildwood Crest desires to renew said membership;

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 Borough of Wildwood Crest agrees to renew its membership in the FUND and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the FUND.

2.            The Mayor and Borough Clerk shall be and hereby are authorized to execute the "Agreement to Renew Membership" annexed hereto and made a part hereof and to deliver same to the FUND evidencing the Borough’s intention to renew its membership.

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. 851-12

 

WHEREAS, the Sunset Lake Hydrofest Association has requested that the Board of Commissioners of the Borough of Wildwood Crest grant permission to hold, and ultimately approve, an event known as the “Sunset Lake Hydrofest,” during the weekend of October 6-7, 2012; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest is committed to the advancement of tourist-related, “off-season” events and the co-sponsorship of this event is a further example of this commitment; and

 

WHEREAS, the Sunset Lake Hydrofest Association shall supply to the Municipal Clerk of the Borough of Wildwood Crest proof of sufficient insurance coverage as required by the Borough, and the said Association shall include therewith an agreement to hold the Borough of Wildwood Crest harmless and indemnify the Borough of Wildwood Crest against any and all claims arising out of the set-up/closing down and/or actual conduct of the aforesaid “Sunset Lake Hydrofest” weekend; all of which shall be finally submitted prior to the actual commencement of the event.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby authorizes the Sunset Lake Hydrofest Association to conduct the special event known as “Sunset Lake Hydrofest,” consisting of inboard hydroplane and flatbottom powerboat races upon the waters known as Sunset Lake. The event will also host a food and Craft Festival within the boundaries of New Jersey Avenue, necessitating its closing from Rambler road to Monterey Avenue and Bayview Drive from Nashville Avenue to Monterey Avenue. The display and sale of food, crafts and boats will be under the authority and control of the Sunset Lake Hydrofest Association, and they are authorized to conduct such activities within the boundaries of the event during October 6-7, 2012, subject to compliance by the Sunset Lake Hydrofest Association with all applicable provisions of the Code of the Borough of Wildwood Crest, as well as the conditions set forth hereinabove.

 

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. 852-12

 

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH ENGINEER, to be retained by the Borough for the performance of engineering 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;

 

         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 RALPH PETRELLA, P.E., of the firm of Van Note-Harvey Associates, 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, 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 Engineer 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.  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

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 853-12

 

WHEREAS, ELIZABETH BAEZ DIAZ, 5 Skipperhill Lane, Ballston Spa, NY 12020 was transported on July 23, 2011 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, ELIZABETH BAEZ DIAZ was billed $500.00 for said services and her insurance provider submitted payment in the amount of $500.00 to the Borough of Wildwood Crest; and

 

WHEREAS, ELIZABETH BAEZ DIAZ also had submitted payment in the amount of $100.00 to the Borough of Wildwood Crest for said services.

 

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 of $100.00 to ELIZABETH BAEZ DIAZ, 5 Skipperhill Lane, Ballston Spa, NY 12020 for said duplicate payment.

 

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. 854-12

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald issue of September 5, 2012.

 

Sealed bids will be received by the Purchasing Committee of the Borough of Wildwood Crest in the Municipal Court Room, Wildwood Crest Borough Hall, on TUESDAY, SEPTEMBER 18, 2012, AT 10:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

2012, OR NEWER, JOHN DEERE 6430, 4-WHEEL DRIVE BEACH TRACTOR, OR EQUIVALENT

 

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. 855-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald issue of September 5, 2012.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, September 18, 2012 at 11:00 a.m., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

REPAIR AND REPLACEMENT OF SIDEWALKS, CURBS, GUTTERS AND CONCRETE PAVEMENT IN THE BOROUGH OF WILDWOOD CREST FROM NOVEMBER 2012 THROUGH OCTOBER 2014

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. 856-12

 

WHEREAS, on August 9, 2012 , FRANK CIECIERSKI , 307 E. Columbine Rd. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 6, 2012 ,  from 5:00 p.m. to 7:00 p.m, at the Rambler Road Gazebo ; and

                                                                                  

WHEREAS,  FRANK CIECIERSKI, 307 E. Columbine Rd., Wildwood Crest, NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  FRANK CIECIERSKI , 307 E. Columbine Rd., Wildwood Crest, NJ 08260 for the purpose of a WEDDING to be held on October 6, 2012 , from 5:00 p.m. to 7:00 p.m, at the Rambler Road 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. 857-12

 

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

143.01-22-C0324                             Snyder, William A & Helen M                                         $1,651.09

2012 Tax                            324 E Syracuse Ave

                                                            Title Company and Mortgage Company

                                             both paid 2012 3rd quarter taxes.

                                             Refund to Snyder, William A & Helen M

 

117.02-8.02-C0202          Dann, Robert L II & Susan K                                                       Amount

2012 Tax                            408 E Louisville Ave                                                               $1,270.91

                                                            Property Owners and Mortgage Company

                                             both paid 2012 3rd quarter taxes.

                                             Refund to Dann, Robert L II & Susan K

 

3618-0                                Miller, James J                                                                               Amount

2012 Sewer                        6807 Pacific Ave                                                                                       $407.34

                                                            Wildwood Water mistakenly had the wrong meter assigned

                                                            to this account. The meter mix-up caused this account

to be billed for more usage than was actually used.  After

correcting billing, overpayment was created.

Refund to Miller, James J

 

               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

August 29, 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. 858-12

 

WHEREAS, on 15 May 2012 the Wildwood Crest Zoning Board considered the application of PARAISO HOLDINGS, LLC, A/K/A Vista Mar Builders, Inc., 3201 Pacific Ave., Wildwood New Jersey, contract purchaser of property located at Block 3, Lots 47, 48 and 49 a/k/a 114 W. Cresse Ave, Wildwood Crest, New Jersey, for minor subdivision and “c” and “d” variance relief; and

 

WHEREAS, subsequent to the withdrawal of the application by the applicant, Vista Mar Builders, Inc. requested, by correspondence dated 8 August 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-A-12-23) the return of the $800.00 balance of escrow fee;

 

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 of application fee and escrow fee in the amount of $800.00 to Vista Mar Builders, Inc., 3201 Pacific Ave., Wildwood, New Jersey 08260.

 

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. 859-12

 

SUBJECT:          A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST (NJEIT), INCLUDING AUTHORIZATION OF THE BOROUGH ENGINEER, CFO AND BOND COUNSEL TO PREPARE AND SUBMIT ON BEHALF OF THE BOROUGH ALL DOCUMENTS REQUIRED UNDER THE GUIDELINES OF THE NJEIT PROGRAM FOR THE PROJECT KNOWN AS:

 

                              2013 STREET & UTILITY RECONSTRUCTION PROGRAM

 

WHEREAS, the New Jersey Environmental Infrastructure Trust (NJEIT) through their New Jersey Environmental Infrastructure Financing Program (NJEIFP) provides funding assistance to municipalities for various infrastructure improvements; and:

 

WHEREAS, the Borough of Wildwood Crest wishes to submit an application to NJEIT for the project known as 2013 Street & Utility Reconstruction Program, which includes complete replacement of the sanitary sewers, storm sewers and complete reconstruction of the roadways and/or utility easements within the following locations:

 

New Jersey Avenue between the Southern Municipal Division Line and Rambler Road; St. Paul, Monterey and Miami Avenues between Bayview Drive and New Jersey Avenue; Bayview Drive between St. Paul and Louisville Avenues; the Bay Front street end of St. Louis Avenue and the utility easement through to the Bay; the Bay Front street end of Hollywood Avenue and the utility easement through to the Bay; and the replacement/rehabilitation of the Sanitary Pumping Stations at Topeka Avenue and Stanton Road; and

 

WHEREAS, the total estimated project cost is $12,000,000.00; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. and his firm Van Note – Harvey Associates, PC are hereby authorized to proceed with and complete the preparation of all documents required by the NJEIT, including but not limited to the preparation and completion of all planning and environmental documents, construction plans and specifications, various supplemental and loan support documents, as well as all other forms and documents required by NJEIT that are not under the direct responsibility of the Borough CFO and Borough Bond Counsel; and

 

WHEREAS, the Borough CFO and Bound Counsel are hereby authorized to prepare and submit all loan and financial documents required by NJEIT.

 

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 Borough Engineer, CFO and Bound Counsel are authorized to prepare and submit all documents required by NJEIT to secure funding for the project known as 2013 Street & Utility Reconstruction Program.
  2. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized, instructed and empowered to execute and attest the application and all other documents and forms as required or necessary by NJEIT.
  3. That the complete and total application and documents as prepared by the Borough Engineer, CFO and Bond Counsel are hereby authorized for submission to NJEIT for approval.

 

Prior to the motion and vote, Mr. Groon stated that this is “last call” on this project since the plans will have to be commenced because there is a timeline for the application process, and it is anticipated that construction would start immediately after the summer season of 2013. Mr. Cabrera added that he and the Engineer had had several discussions in an attempt to lower the cost through phasing, etc., but that any savings would not have outweighed the advantages of having the work completed at one time. Mr. Groon stated that it would be a two year project in two construction phases, but the entire project would be bid out at the same time. The Engineer stated that he anticipated that the construction would take place from September 2013 to May 2014, and recommence in September 2014 to be completed by May 2015. He did ask that the governing body take into consideration whether the work adjacent to the school should be done during the summer of 2014 in order to not have a safety issue at the school. The Clerk interjected that he was gravely concerned about the lack of egress from the public works yard as well as north/south travel on one of our main arteries during the summer season. Mr. Groon agreed and requested that the Chief of Police review the situation and make a recommendation to the governing body. Mr. Cabrera added that a staging area for the construction equipment will also have to be determined.

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

Vote:          Gould-Cabrera-Groon-Yes

 

After the vote, Mr. Groon thanked the Engineer, the CFO and the Clerk/Administrator for their hard work in putting together the financing strategy for this project. He added that the Borough will be receiving a loan from the State of New Jersey at less than 1% interest.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 860-12

 

WHEREAS, the Greater Wildwood Youth Soccer League has requested the use of the municipally-owned property consisting of vacant ground located at 104 West Newark Avenue, Block 187, Lot 27 for the use of same for the Greater Wildwood Youth Soccer League; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest is desirous of allowing the use of said property by the Greater Wildwood Youth Soccer League for the exclusive purpose of soccer practices and games on September 18, 29, October 2, 11, 16, 2012; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest approves the use of said property for said purpose.

 

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

2.      The Greater Wildwood Youth Soccer League shall be permitted to use the property on the dates as more particularly described in the preamble, subject to the execution of a Hold Harmless Agreement and production by the Greater Wildwood Youth Soccer League of a Certificate of Insurance naming the Borough of Wildwood Crest as an additional insured.

 

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 July 31, 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 July 25 and August 8, 2012, as well as closed sessions held on both dates be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the Cresse Avenue beach access matter, Mr. Groon reported that he had been working with the City of Wildwood in an attempt to define a workable plan. Currently, the Borough is permitting access to the beach until 7:00 a.m., and emergency access only between 7:00 a.m. and 11:30 a.m., and from noon until 4:00 p.m. access is permitted. If access is required between 7:00 a.m. and noon, the Wildwood Crest Police Department must be contacted to permit the vehicles to cross the bicycle path. The Borough and the City of Wildwood have been advised by the architect, the engineer and the insurance company that the bollards must remain in place at all times. He added that because of difficulties with the bollards, traffic has now been moved to Heather Road for the summer of 2012 only. It is intended that a post-season plan will be implemented that may be more liberal. He added that the City of Wildwood was not happy with the situation and they have plans in the future that will require additional access to the beach. Mr. Groon called upon the governing body to make a determination as to how they wished to resolve the situation, and to discuss the matter with the Borough’s professionals and staff to better understand the ramifications. Mr. Cabrera stated that the Borough of Wildwood Crest expended UEZ funds for this project in conjunction with the City of Wildwood to create a tourism attraction, and Wildwood participated in the design aspect knowing that Wildwood Crest owned that part of the beach and the access. He went on to state that public safety must come first. The Clerk urged that a unanimous position of the governing body be presented to the City of Wildwood. Mr. Groon added that Wildwood Crest holds a strong position of not permitting vehicles on its beach during the summer season, and Wildwood is much more liberal in permitting vehicles on its beach. Mr. Cabrera inquired if Wildwood would be interested in paying for additional safety mechanisms such as crossing arms or lights. The Clerk responded that the intersection belongs to the Borough of Wildwood Crest. Mr. Groon stated that the Borough has not closed out the project and there may be some funding remaining. The Clerk suggested locking traffic arms with sensors. The Engineer responded that a mechanism could be installed whereby a key would have to be inserted to raise an east/west access arm which simultaneously closes the north/south arm.

 

The next matter for discussion was the Borough building renovations. The Clerk stated that any such renovations would have to be considered in conjunction with the capital budget and the New Jersey Avenue reconstruction project. He added that any renovations to Borough buildings will probably have to be limited to that which is required to be done. Mr. Groon asked Mr. Cabrera to report on his findings. Mr. Cabrera stated that part of it would be contingent upon the status of the County Library reconstruction because it involves improvements to the Nesbitt Center, the current library, and the Crest Pier. Mr Groon stated that the best estimate received from the County for completion will be October 2013. Mr. Cabrera added that some of the projects that have been committed to by the governing body were the Washington Avenue park and the public works fencing. He indicated that monies had been set aside for projects, and those funds have not been expended. He suggested that those funds be utilized for the Washington Avenue park, the public works offices, public works fencing, tennis courts, playground and additional parking for public works employees. It was his opinion that all of those projects can be completed with the dollars that are currently in place.

 

Mr. Cabrera also suggested that the Commissioners speak to their department heads to determine what equipment purchases will be necessary in 2013. The Clerk indicated that he would add that for discussion at the next staff meeting. Mr. Groon suggested an e-mail to the department heads prior to the staff meeting.

 

The next matter for discussion was participation in UEZ. The Clerk stated that the Borough of Wildwood Crest will be removed from the current litigation involving the UEZ Executive Director, and the City of Wildwood will be bearing the full responsibility of defense of their actions in that regard. He stressed that it would be separate from the Borough’s responsibilities for UEZ local zone salary and administrative expenditures for fiscal year July 1, 2012 through June 30, 2013.

 

With regard to the GWTIDA request for a resolution of support for state funding, the Clerk reported that due to scheduling conflicts with the second meeting in September, the meeting with the GWTIDA representatives had been rescheduled to October 10, 2012 at 10:30 a.m.

 

Mrs. Gould stated that on September 26, 2012, Mr. Groon will be out of town and Mrs. Gould will be finishing Yom Kippur. She requested that the meeting time be changed to 8:00 p.m. Mr. Cabrera concurred. The Clerk indicated that he would send the requisite notices to change the time of the meeting.

 

Felicia Dooley, 115 E. Sweetbriar Road, commented on problems with an absentee landlord situation at 113 E. Sweetbriar Road. Mr. Groon asked that she come in to Borough Hall during office hours to discuss the situation with the Zoning Officer and Code Enforcement. Mr. Groon stated that he would have someone call her to make arrangements for a meeting.

 

The Borough Engineer provided a report with regard to beach maintenance and the condition of the beach. He stated that he and Mr. Groon had done a survey of the beach which showed that there are a few places where the sand is remaining wet. Mr. Groon interjected that he also inquired as to why the area south of Monterey appears to be much higher prior to the berm than the area to the north. The Engineer presented a graph depicting a profile of the beach elevation, as well as a beach plan. After some discussion, it was the recommendation of the Engineer that the berm be reduced and to fill-in the low areas to permit a higher elevation. He added that the ponding water is an indication of ground water elevation. Mr. Groon indicated that any maintenance of the beach would be a budgetary issue and will have to be discussed and planned for in the fall.

 

The Engineer inquired if the Borough would be considering any construction work on Pacific Avenue as part of the New Jersey Avenue project, because Wildwood Water Utility will have to get an application in to the Infrastructure Trust Fund to do any work they may require. The Clerk inquired if the Borough’s project would be an overlay. The Engineer responded that it would, but the water utility would replace the main and their services and reconstruct their trenches. It would not substantially change the overlay price. The Engineer indicated that the Borough’s cost may be lower because Wildwood Water Utility would be paying for a portion. He stressed that there is an October 1, 2012 deadline to file for the funding. Mr. Groon indicated that the Pacific Avenue project would have to be done during the second phase of the New Jersey Avenue project, and it would be bonded. The Engineer suggested that the project be included as an add alternate on the New Jersey Avenue project.  The Board agreed but could not guarantee that it will be undertaken until the bids are disclosed for the New Jersey Avenue project.

 

There being no further matters for discussion in open session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 861-12

 

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 August 29, 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_____            “(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is acquisition of land in Lower Township (Ranalli property)

 

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

 

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

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

 

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

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, there being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        September 26, 2012

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX