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Minutes of Commissioners Meeting   -   December 27, 2012

Note:  Complete Meeting Appears on CD #35-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office December 27, 2012
Wildwood Crest, NJ

 

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

                    Gould – Absent                                       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 20, 2012

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1151 be placed on second reading and final passage by title only.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1151

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22, CONSTRUCTION, ARTICLE 1, UNIFORM CONSTRUCTION CODE, SECTION 22-3, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1084 ADOPTED NOVEMBER 23, 2009 AND ORDINANCE NO. 1096 ADOPTED APRIL 14, 2010

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1151.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

There being no public comments, Mr. Cabrera motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1151 be closed.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1151 be passed on second and final reading and advertised according to law.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1152 be placed on second reading and final passage by title only.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1152

A CAPITAL ORDINANCE, SUPPLEMENTING BOROUGH OF WILDWOOD CREST ORDINANCE(S) 1061(B) AND 1078(B), PROVIDING FOR THE CONSTRUCTION OF A BEACHFRONT PARK BETWEEN RAMBLER AND MYRTLE ROADS AND APPROPRIATING THEREFOR THE AMOUNT OF $40,000 FROM GENERAL CAPITAL FUND BALANCE

Mr. Cabrera motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1152.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

There being no public comments, Mr. Cabrera motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1152 be closed.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1152 be passed on second and final reading and advertised according to law.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 907-12

 

WHEREAS, N.J.S.A. 40A:4-60 provides that unexpended balances of budget appropriations may be canceled prior to the end of the fiscal year; and

 

WHEREAS, it is deemed to be in the best financial interest of the Borough of Wildwood Crest to cancel unexpended 2012 appropriation balances.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that unexpended 2012 appropriation balances be and are hereby authorized to be canceled as follows:

 

Appropriation Title                                                                                      Amount Authorized to be Canceled

 

Recreation – S&W                                                                                             $                         26,209.43         

Fire Department – S&W                                                                                                                    500.08

Tourism – S&W                                                                                                                               4,594.50

Land Use – S&W                                                                                                                             4,709.04

Lifeguards – S&W                                                                                                                                  6.00

Ambulance Service – S&W                                                                                                         33,121.48

Environmental Commission – S&W                                                                                               199.82

Traffic Safety – S&W                                                                                                                     3,629.06

Fire Official – S&W                                                                                                                           920.43

Borough Administration – S&W                                                                                                      516.11

Financial Administration – S&W                                                                                                 1,840.28

Assessment of Taxes – S&W                                                                                                           169.13

Collection of Taxes – S&W                                                                                                           2,062.18

Construction Official – S&W                                                                                                        6,956.39

Director of Revenue and Finance – S&W                                                                                   2,950.06

Code Enforcement – S&W                                                                                                            1,627.52

Beach Maintenance – S&W                                                                                                          8,539.71

Public Works – S&W                                                                                                                   34,298.80

Sanitation – S&W                                                                                                                           3,270.64

Recycling – S&W                                                                                                                         36,602.62

Sewerage – S&W                                                                                                                            7,933.31

Public Buildings – S&W                                                                                                              40,009.97

Fleet Maintenance – S&W                                                                                                          25,124.97

Director of Public Works – S&W                                                                                                          .06

Emergency Management – S&W                                                                                                           .12

Matching Funds for Grants                                                                                                         12,000.00

Prior Year Bills                                                                                                                                     55.00

nterest on Notes                                                                                                                                     2.42

NJEIT Principal                                                                                                                                         .93

 

TOTAL AUTHORIZED TO BE CANCELED                                                 $                      257,850.06

 

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 908-12

 

WHEREAS, there exist unexpended balances in certain General Capital Fund improvement authorizations which were dedicated to specific capital projects; and

 

WHEREAS, said capital projects have been completed and there is no further need to retain said unexpended balances of improvement authorizations; and

 

WHEREAS, it is deemed to be in the best interest of the Borough of Wildwood Crest to cancel said unexpended balances of improvement authorizations, and it is the desire of the Board of Commissioners to cancel these unexpended balances.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that unexpended balances of General Capital Fund improvement authorizations be and are hereby canceled as follows:

 

Ord. #                   Date Authorized                Description                                                      Amt. Authorized to Cancel

 

815                       05/13/1996                         Construct Bike Path and Pedestrian Way                            $               2,814.52

927(H)                 02/21/2003                         Extend Storm Sewer Outfall Lines                                                      69,251.04

927(K)                 02/21/2003                         Replace roofs on Municipal Bldgs.                                                     17,375.00

964                       09/13/2004                         Imprv. Sanitary Sewerage System                                                       105,219.53

967(B)                  11/22/2004                         Imprv. Various Bayfront Bulkheads                                                   28,671.18                                         

986(A)                 11/09/2005                         Imprv. Sanitary Sewerage System                                                       15,000.00                                         

995(C)                  02/08/2006                         Purchase 9-1-1 Equipment                                                                   9,879.41

1020(B)                                                            10/25/2006          Replace Sewer Outfall Main                                               40,000.00

1020(C)                                                            10/25/2006          Install new Sanitary Sewer Main                                        20,112.32

1042                     07/25/2007                         Install Sewer/Storm Mains                                                                    182,170.43

1045                     09/26/2007                         Replace Sanitary Sewer Main                                                              1,000.00

1058                     03/19/2008                         Reconstr. Beach Patrol Headquarters                                                 2,894.17

 

                              TOTAL AUTHORIZED TO BE CANCELED                                                                   $               494,387.60

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 909-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the following appropriated reserves for federal and state grant funds be and are hereby authorized to be canceled:

 

               Grant Description                                                          Amount Authorized to be Canceled

 

NJDEP – Recreational Trails                                                                      $          10,500.00

Federal Domestic Violence Grant – 2008                                                            91,859.92

 

TOTAL AUTHORIZED TO BE CANCELED                                           $       102,359.92

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 910-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the following grant receivable be canceled:

 

               Grant Name                                                                                    Amount Canceled

 

Federal Domestic Violence Grant - 2008                                                 $          13,753.39

UEZ Administrative Budget – Prior                                                                        2,097.85

NJDEP – Recreational Trails                                                                                 10,500.00

GWTIDA – Summer Events 2010                                                                               500.00

GWTIDA – Summer Events 2011                                                                            1,500.00

 

TOTAL AUTHORIZED TO BE CANCELED                                           $          28,351.24

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 911-12

 

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2012 budget appropriations be and the same are hereby authorized as follows:

 

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 912-12

 

WHEREAS, WILDWOOD LOCAL #59, POLICEMENS’ BENEVOLENT ASSOCIATION, hereafter known as P.B.A., has been certified as the representative of the “rank and file” police officers of the Wildwood Crest Police Department, below the rank of the Lieutenant, so designated and specifically included in the appropriate certificate of representation; and

 

WHEREAS, the bargaining team of said P.B.A. and the bargaining team of the Borough of Wildwood Crest have met in extended sessions and have reached agreement on all of the bargainable issues existing between the Borough and the rank and file officers which were (or could have been) the subject of negotiation; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to comply with Chapter 303, P.L. 1968 by formalizing an agreement to contain that which has been negotiated by and between both parties in the attached “Memorandum of Agreement”, the provisions of which shall be fully included in the successor collective bargaining agreement as further authorized herein and which documents shall remain in full force and effect until a successor agreement is fully negotiated.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough

of Wildwood Crest, County of Cape and State of New Jersey as follows:

         1.  The allegations of the preamble hereto are incorporated herein by reference as if set forth in full.

         2.  The Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached “Memorandum of Agreement”, as well as the successor collective bargaining agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2013 through December 31, 2015, embodying all of the mutual terms, understandings and conditions involving the employment of all police officers below the rank of Lieutenant, of the P.B.A. of the Borough of Wildwood Crest; copies of said agreement to be transmitted to PERC and shall be placed on file in the office of the Borough Clerk and is incorporated herein by reference as if fully set forth.

         3.  This Resolution shall take effect as provided by law.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 913-12

 

WHEREAS, UNITED INDEPENDENT UNION, LOCAL 1, hereinafter known as UNION, has been certified as the representative of “sanitation workers” of the Borough of Wildwood Crest so designated and specifically included in the appropriate certificate of representation, under Docket No. RO-87-36; and

 

WHEREAS, the bargaining team of said UNION and the bargaining team of the Borough of Wildwood Crest have held multiple negotiation sessions and have reached agreement on all of the bargainable issues existing between the Borough and UNION which were (or could have been) the subject of negotiation; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to comply with Chapter 303, P.L. 1968 by formalizing an agreement to contain that which has been negotiated by and between both parties, in addition to those articles, not proposed for change by either party, which shall remain in full force and effect.

 

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

 

       1.  The allegations of the preamble hereto are incorporated herein as if set forth in full.

       2.  The Commissioner of Revenue and Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2013 through December 31, 2015, embodying all of the mutual terms, understandings and conditions involving the employment of all sanitation workers so included in UNION within the meaning of the act as more fully described in the certification of representation under Docket No.RO-87-36; a copy of said agreement shall be placed on file in the office of the Borough Clerk and is incorporated herein by reference as if fully set forth.

       3.  This Resolution shall take effect as provided by law.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 914-12

 

WHEREAS, TERENCE GRAFF was appointed on March 10, 2010, via Resolution No. 227-10, to a term effective March 29, 2010 through December 31, 2012 in fulfillment of the unexpired term of Caroline Hennessey at an annual salary in accordance with the provisions of the current “Salary Ordinance” of the Borough of Wildwood Crest; and

 

WHEREAS, it has been determined by the Commissioner of the Department of Revenue and Finance that certain appointments should be made in said Department of Revenue and Finance, all as more particularly described and otherwise authorized in accordance with the provisions of N.J.S.A. 40:72-1, et seq.; and

 

WHEREAS, in reliance upon the foregoing statutory authority, appointment shall be made by the Director of the Department of Revenue and Finance as follows:

                             TERENCE GRAFF, to serve as Tax Collector, on a full-time basis, within the Department of Revenue and Finance, effective January 1, 2013                             through December 31, 2016 at an annual salary in accordance with the  provisions of the current “Salary Ordinance” of the Borough of Wildwood Crest.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, pursuant to N.J.S.A. 40A:9-142, et. seq., that the foregoing appointment be and the same is hereby confirmed and ratified.

 

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

Vote:               Gould-Absent                         Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 915-12

 

Resolution Supporting Assembly Bill A-2753 Requiring Direct

Payment of Energy Taxes to Municipal Government

 

 

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

 

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

 

WHEREAS, for years, though, State officials have diverted funding from Energy Taxes to plug holes in the State budget and to fund State programs; and

 

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

 

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

 

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

 

WHEREAS, A-2753, sponsored by Assemblymen Daniel Benson and Wayne DeAngelo, and S-1923, sponsored by Senator Linda Greenstein, would restore the $331 million in municipal property tax relief funding, ensure that each municipality will be restored to the 2007 (SFY 2008) Energy Tax Receipts/CMPTRA level and adjust that amount to account for inflation; and

 

WHEREAS, the bills would require certain energy tax receipts to be paid directly to municipalities, and, thereby, would assure local property taxpayers compensation for hosting transmission facilities and lines that allow gas and electric energy corporations to serve customers and conduct business in our Garden State; and

 

WHEREAS, the time has come to restore to local budgets the millions in property tax relief that have been annually diverted to meet State needs;

 

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

 

BE IT FURTHER RESOLVED that we enthusiastically support and urge our State Legislators to pass A-2753/S-19023; and

 

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Governor Chris Christie, Lieutenant Governor Kim Guadagno, New Jersey Senate President Steve Sweeney, New Jersey Senate Republican Leader Thomas Kean, Jr., New Jersey Assembly Speaker Sheila Oliver, New Jersey Assembly Republican Leader Jon Bramnick, Senator Jeff Van Drew, Assemblyman Nelson T. Albano, Assemblyman Matthew Milam, and the New Jersey League of Municipalities.

 

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

Vote:               Gould-Absent                         Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 916-12

 

RISK MANAGEMENT CONSULTANT

ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND

 

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, has resolved to join Atlantic County Municipal Joint Insurance Fund, a self insurance pooling fund, following a detailed analysis; and

 

WHEREAS, the by-laws of said Fund require that each municipality appoint a RISK MANAGEMENT CONSULTANT to perform various professional services as detailed in the by-laws as well as other “insurance broker of record duties”, including but not limited to the authorized placement of independent statutory bonds, flood and health insurance policies; and

 

WHEREAS, the by-laws indicate a fee not to exceed six (6%) percent of the municipal assessment, which expenditure represents reasonable compensation for the services required and was included in the cost considered by the Board of Commissioners; and

 

WHEREAS, the judgmental nature of the RISK MANAGEMENT CONSULTANT’s duties renders comparative bidding impractical; and

 

WHEREAS, the Commissioner of Revenue and Finance has determined that J. BYRNE AGENCY is best qualified to provide the services specified herein; and

 

WHEREAS, said award of Professional Services Contract is in excess of $17,500.00 and, on this basis, is subject to the provisions of N.J.S.A. 19:44A-20.4, et. seq. (a/k/a Local Unit Pay-To-Play Law);

 

WHEREAS, J. BYRNE AGENCY has completed and submitted a Business Entity Disclosure Certification which certifies that said firm has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1, et. seq., that, pursuant to P.L. 2004, c. 19, would bar the award of this contract in the one year period preceding January 1, 2013 to any political committee or candidate of which any member of the governing body is otherwise affiliated.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that it does hereby appoint J. BYRNE AGENCY as its RISK MANAGEMENT CONSULTANT  AND INSURANCE BROKER OF RECORD for the period commencing January 1, 2013 and terminating effective December 31, 2013 at the rate of compensation equal to FOUR AND ONE-HALF PERCENT (4½%) of the Borough’s annual assessment; all of which is contingent upon adequate budgetary provision being made by the governing body in fiscal year 2013, is in accordance with the full provisions of the Consultant’s Agreement, and the provisions of N.J.S.A. 40A:11-5.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized and directed to execute the Consultant’s Agreement annexed hereto, which agreement is made a part hereof by reference as if fully set forth, and to cause a notice of this decision to be published as required by N.J.S.A. 40A:11-5(1), (a), (i).

 

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

Vote:               Gould-Absent                         Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 917-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Clerk/Administrator, Kevin M. Yecco, be and he is hereby designated the Borough of Wildwood Crest Appointing Authority HEARING OFFICER commencing effective immediately and terminating December 31, 2013 for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings.

 

BE IT FURTHER RESOLVED that Fred Coldren be and he is hereby appointed CONFLICT HEARING OFFICER for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings commencing effective immediately and terminating December 31, 2013.

 

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

Vote:               Gould-Absent                         Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 918-12

 

         WHEREAS, there exists the need for the “Professional Services” of a CONFLICT HEARING OFFICER, to be retained by the Borough for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings and related duties associated 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, J. Fred Coldren has completed and submitted a Business Entity Disclosure Certification which certifies that he will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing December 27, 2012 to any political committee or candidate through the term of this contract.

 

         NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, 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 J. FRED COLDREN, who shall be compensated by voucher at the agreed upon rate of $75.00 per hour, 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 Conflict Hearing Officer 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.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 919-12

 

Authorizing Retention Via Professional Services Agreement

Of A Law Firm Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations, and specifically excluding employment litigation for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations; and

 

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

 

WHEREAS, the Borough has determined that the law firm of Gruccio, Pepper, DeSanto & Ruth, P.A., of Vineland, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Gruccio, Pepper, DeSanto & Ruth, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that Gruccio, Pepper, DeSanto & Ruth, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing October 10, 2012 to any political committee or candidate through the term of this contract;

 

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

 

1.                Gruccio, Pepper, DeSanto & Ruth, P.A. of Vineland, New Jersey is hereby retained as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, and employer-employee relations for the period January 1, 2013 through December 31, 2013. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time. Said services shall specifically exclude employment litigation, for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests.

 

2.                The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Gruccio, Pepper, DeSanto & Ruth, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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

 

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

 

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

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 920-12

 

WHEREAS, the term of STEVE TECCO as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest will expire December 31, 2012; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint STEVE TECCO as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that STEVE TECCO be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2013, and expiring December 31, 2014.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 921-12

 

WHEREAS, the term of ROBERT PATTERSON as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest will expire December 31, 2012; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint ROBERT PATTERSON as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that ROBERT PATTERSON be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2013, and expiring December 31, 2014.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 922-12

 

WHEREAS, the term of BRIAN J. STUART as Alternate Member No. 2 of the ZONING BOARD of the Borough of Wildwood Crest will expire December 31, 2012; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint BRIAN J. STUART to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that BRIAN J. STUART be and he is hereby re-appointed as Alternate Member No. 2 of the ZONING BOARD of the Borough of Wildwood Crest for a two (2) year term commencing January 1, 2013 and expiring December 31, 2014.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 923-12

 

WHEREAS, the term of WILLIAM FORREST as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest expires December 31, 2012; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, wish to re-appoint WILLIAM FORREST to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that WILLIAM FORREST be and he is hereby re-appointed as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest for a three (3) year term commencing January 1, 2013, and expiring December 31, 2015.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 924-12

 

WHEREAS, the term of ALICIA BELANSEN as Alternate Member No. 2 of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2012; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint ALICIA BELANSEN to this position; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that ALICIA BELANSEN be and she is hereby re-appointed as Alternate Member No. 2 of the PLANNING BOARD of the Borough of Wildwood Crest for a two (2) year term commencing January 1, 2013, and expiring December 31, 2014.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 925-12

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 to void the following check issued against Borough of Wildwood Crest Recreation Trust Account at Crest Savings Bank (Acct. No. 54-901559-5):

 

Check # Check Date                         Payable To                                                          Amount

 

2004                                    03/09/2011                         SJ Wrestling                       $      150.00

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 926-12

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 to void the following checks/charges issued against Borough of Wildwood Crest Payroll Account at Crest Savings Bank (Acct. No. 54-901558-7):

 

Check #                        Check Date                           Amount

 

PERS/CI                                    2010                              $ 75.00

PERS/(2010 Retro)                2010                                 41.77

51351                            01-07-2011                               171.09

51523                            01-21-2011                                 67.63

53942                            08-05-2011                               381.17

54537                            09-02-2011                            1,096.10

55149                            09-30-2011                               106.92

55230                            09-30-2011                            4,750.62

56107                            12-23-2011                               205.76

                                                                                                 

 

TOTAL AUTHORIZED TO BE VOIDED              $ 6,896.06

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 927-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Municipal Court Administrator be and is hereby authorized to void the following checks issued against Borough of Wildwood Crest Municipal Court General Account:

 

Wildwood Crest Municipal Court General Account (#549015652/Crest Savings)

 

Check # Check Date                         Payable To                                                       Amount

 

1901                                    05/18/11                             Rita Diaz                                               $               20.00

1917                                    08/16/11                             Krysztof Skiendziel                      10.00

1925                                    09/12/11                             Mary DeJesus-Torres                     2.00

1938                                    10/12/11                             Michael Faust                                                        1.00

1944                                    11/15/11                             Eric Rogo                                                                8.00

                                             TOTAL AUTHORIZED TO BE VOIDED                    $          41.00

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 928-12

 

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 to void the following checks issued against Borough of Wildwood Crest Disbursement Account at Crest Savings Bank (Acct. No. 54-901557-9):

 

Check #          Check Date                                          Amount

 

32284             01-26-2011                                     $ 11,030.50

32606            03-23-2011                                           1,557.00

34018             12-22-2011                                                  8.35

 

TOTAL AUTHORIZED TO BE VOIDED            $ 12,595.85

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 929-12

 

Awarding a Contract to Trinity Code Inspections, L.L.C. for

Building, Electric, Plumbing and Fire Subcode On-Site Inspection

And Plan Review

 

WHEREAS, the City of North Wildwood, as lead municipality for the City of North Wildwood and the Borough of Wildwood Crest, advertised a request for qualifications and proposals for authorized on-site inspection and plan review agencies for the building, electric, plumbing and fire subcodes; and

 

WHEREAS, the governing body of the City of North Wildwood, upon the recommendation of their professional staff, by Resolution dated December 18, 2012, awarded the contract for authorized on-site inspection and plan review for building, electric, plumbing and fire subcodes to Trinity Code Inspection, L.L.C.; and

 

WHEREAS, the Borough of Wildwood Crest is additionally required to individually appoint an authorized on-site inspection and plan review agency in conjunction with the Shared Services Agreement between the City of North Wildwood and the Borough of Wildwood Crest for construction office services, and in compliance with the Uniform Construction Code;

 

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

 

               2.            The Borough of Wildwood Crest does hereby affirm and authorize the aforesaid contract with Trinity Code Inspection, L.L.C. to provide on-site inspection and plan review for the building, electric, plumbing and fire subcodes.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 930-12

 

WHEREAS, Resolution No. 570-11 adopted July 6, 2011 served to authorize the appointment of Neil Young as Temporary Chief Financial Officer of the Borough of Wildwood Crest, effective August 1, 2011, in accordance with the provisions of N.J.S.A. 40A:9-140.13; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough to appoint Neil Young as Chief Financial Officer of the Borough of Wildwood Crest;

 

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

 

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

 

               2.            That Neil Young shall hereby be appointed Chief Financial Officer of the Borough of Wildwood Crest, on a full-time basis, commencing January 1, 2013, at an annual rate of pay provided for in the existing Salary Ordinance of the Borough of Wildwood Crest,  and in accordance with the provisions of N.J.S.A. 40A-9-140.10, for a term of four (4) years, and shall include the performance of all required duties and responsibilities as Chief Financial Officer/Treasurer of the Borough of Wildwood Crest under authority of the law.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 931-12

 

WHEREAS, the Mayor has met in extended sessions with the Chief of Police for the express purpose of formulating an employment agreement by and between the Borough of Wildwood Crest and Thomas DePaul, Chief of Police of the Wildwood Crest Police Department; and

 

WHEREAS, both parties have now reached agreement on all of the bargainable issues existing between the Borough of Wildwood Crest and the Chief of Police which were (or could have been) the subject of negotiation; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to authorize the aforesaid agreement which has been negotiated by and between both parties.

 

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

 

       1.  The allegations of the preamble hereto are incorporated herein by reference as if set forth in full.

       2.  The Commissioner of Revenue and Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2013 through December 31, 2016, embodying all of the mutual terms, understandings and conditions involving the employment of the Chief of Police; a copy of said agreement shall be placed on file in the office of the Borough Clerk and is incorporated herein by reference as if fully set forth.

       3.  This Resolution shall take effect as provided by law.

 

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

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

Mr. Groon 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-Absent                                          Cabrera-Groon-Yes

 

Mr. Groon 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 November 30, 2012 be accepted as presented and filed.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

Mr. Groon motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held November 26 and December 12, 2012, as well as the closed session held on December 12, 2012, be approved as presented.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

Nancy Pietropaoli, 6002 Seaview Avenue, inquired if the governing body would be “sharing” the revised plans for the library renovations with the residents of Wildwood Crest. She was advised that the new plans will be presented by the County Library Commission since it is a county project. The details will be finalized within the next couple of months and the finalized plans will be presented to the entire island and the public at large.

 

With regard to the beach concession rental, the Clerk advised that the Solicitor was working on the draft of ordinances authorizations to proceed. He indicated that it was the intent to move something forward in the early portion of 2013. The Solicitor added that she would be incorporating the amendments to the beach regulations in the same ordinance. The Clerk stated that the governing body would have to provide the Solicitor with direction with regard to the bid specifications for the beach concession rental. There was a discussion regarding whether the concession would be at fixed location(s) or if peddling on the beach would be permitted. It was suggested that the fixed locations be in conjunction with the current beach concession locations for two years to coincide with the current contract. The Clerk stated his opinion that since it will be a “concession rental” it should be at fixed location(s). There was further discussion regarding combining fixed locations with actual peddling along the beachfront. The question was posed as to whether it would be “either/or” or if it would have to be fixed or mobile. The response from the Solicitor was that it could be a combination. It was decided to have a draft ordinance including a combination of fixed and mobile peddlers for review of the governing body. It was also decided that the initial term be for two years with six fixed locations. The Clerk reminded the governing body that a bid process, with no actual award until the ordinance amendments are in place, would have to be moved forward simultaneously in order to have the successful bidder in place by the spring.

 

There was discussion regarding a minimum bid for the concessions. It was suggested that the minimum bid be $100,000 for the first year and $110,000 for the second year. All concurred.

 

Concerning the 2013 Capital Improvements, Mr. Cabrera confirmed that he would be proceeding with the Washington Avenue and Borough Garage projects in the fall of 2013.

 

With regard to the UEZ participation for 2013, the Clerk stated that he had not received anything from the City of Wildwood as to how the issue was proceeding. The issue was raised with regard to the payment of the funds agreed upon to the UEZ.  It was determined that authorization had been provided to the CFO to make the payment to the UEZ.

 

Concerning the bulkheads, docks and piers amendment to the Borough Code, the Clerk reported that the matter had been turned over to the Construction Official to review and report on any suggested changes he determined necessary to finalize the current draft document.

 

The Clerk indicated that an amendment to the dumpster ordinance had been drafted and were being reviewed. He advised that he was ready to move the ordinances forward at any time the governing body desired.

 

 

 

There being no further matters for discussion, and no public comments, Mr. Groon motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Absent                                          Cabrera-Groon-Yes

 

Dated:        January 23, 2013

Kevin M. Yecco, Borough Clerk

  

MINUTES OF MEETINGS INDEX