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Minutes of Commissioners Meeting   -   January 9, 2013

Note:  Complete Meeting Appears on CD #1-13 on File in the Wildwood Crest, NJ Borough Clerk’s Office January 9, 2013
Wildwood Crest, NJ

 

Prior to the opening of the meeting, Mrs. Gould led those present in the Pledge of Allegiance to the Flag.

 

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

                   Gould - Cabrera – Yes                            Groon - Absent

 

Mrs. Gould 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 28, 2012.

 

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

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1153

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH

OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE", FIXING AND

DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD

CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1153 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 23, 2013 at 7:00 p.m.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1154

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40, LICENSES, ARTICLE I, MERCANTILE LICENSES, SECTION 40-2, FEES; WHEN DUE, AND SECTION 40-4, FEES FIXED, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 244 ADOPTED AUGUST 10, 1959, ORDINANCE NO. 282 ADOPTED JUNE 27, 1962, ORDINANCE NO. 460 ADOPTED FEBRUARY 13, 1974, ORDINANCE NO. 511 ADOPTED DECEMBER 27, 1977, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1064 ADOPTED NOVEMBER 24, 2008 AND ORDINANCE NO. 1070 ADOPTED MARCH 25, 2009

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1154 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 23, 2013 at 7:00 p.m.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1155

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 37, GARBAGE, RUBBISH, SOLID WASTE MANAGEMENT, SECTION 37-6, REQUIREMENTS FOR REMOVAL – COMMUNITY RECEPTACLES, DUMPSTERS, CONTAINERS AND RECEPTACLES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 841 ADOPTED MARCH 16, 1998

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1155 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 23, 2013 at 7:00 p.m.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1156

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENTS TO VARIOUS MUNICIPALLY OWNED PROPERTIES AND ACQUISITION OF VARIOUS EQUIPMENT AND APPROPRIATING THEREFOR THE AMOUNT OF $242,000 FROM THE CAPITAL IMPROVEMENT FUND

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1156 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 23, 203 at 7:00 p.m.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 932-13

SUBJECT:           A RESOLUTION AUTHORIZING ADOPTION OF THE 2013 TEMPORARY BUDGET              

 

 

WHEREAS, N.J.S.A. 40A:4-19 authorizes, by resolution of the governing body prior to January 31 of the fiscal year, adoption of temporary appropriations of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total appropriations made for all purposes in the budget for the preceding fiscal year excluding, in both instances, appropriations made for interest and debt redemption charges, capital improvement fund and public assistance; and

 

WHEREAS, the total temporary appropriations to be created by this resolution amount to $4,475,000.00, said amount being inclusive of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total of those appropriations as fully authorized hereinabove.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the amount of $4,475,000.00 be and the same shall hereby constitute the 2013 Temporary Appropriations:

 

PUBLIC AFFAIRS & PUBLIC SAFETY DIRECTOR’S OFFICE

 

SALARIES & WAGES............................................................................................ $    15,000.00

OTHER EXPENSES...................................................................................................        3,000.00

 

FIRE DEPARTMENT

 

SALARIES & WAGES...............................................................................................        1,000.00

 

OTHER EXPENSES...................................................................................................     14,000.00

 

POLICE

 

SALARIES & WAGES...............................................................................................   750,000.00

 

OTHER EXPENSES...................................................................................................     70,000.00

 

EMERGENCY MANAGEMENT

 

OTHER EXPENSES...................................................................................................        1,800.00

 

MUNICIPAL PROSECUTOR

 

OTHER EXPENSES...................................................................................................        7,500.00

 

PUBLIC DEFENDER

 

SALARIES & WAGES...............................................................................................        5,000.00

 

MUNICIPAL COURT                                                                                                

 

SALARIES & WAGES...............................................................................................     50,000.00

 

OTHER EXPENSES...................................................................................................     12,000.00

 

LEGAL

 

OTHER EXPENSES................................................................................................. $    70,000.00

 

SERVICE OF AMBULANCE

 

SALARIES & WAGES...............................................................................................   130,000.00

 

OTHER EXPENSES...................................................................................................     15,000.00

 

COMMUNICATIONS

 

OTHER EXPENSES...................................................................................................     40,000.00

 

ANIMAL CONTROL

 

OTHER EXPENSES...................................................................................................     12,000.00

 

LIFEGUARDS

 

SALARIES & WAGES...............................................................................................     10,000.00

 

OTHER EXPENSES...................................................................................................     30,000.00

 

FIRE OFFICIAL

 

SALARIES & WAGES...............................................................................................     30,000.00

 

OTHER EXPENSES...................................................................................................     10,000.00

 

LOCAL CODE ENFORCEMENT

 

SALARIES & WAGES...............................................................................................        9,000.00

 

OTHER EXPENSES...................................................................................................        4,000.00

 

LAND USE ADMINISTRATION

 

SALARIES & WAGES...............................................................................................     26,000.00

 

OTHER EXPENSES...................................................................................................     28,000.00

 

TRAFFIC MAINTENANCE

 

SALARIES & WAGES...............................................................................................     24,000.00

 

OTHER EXPENSES...................................................................................................     11,000.00

 

TOURISM

 

SALARIES & WAGES...............................................................................................        1,000.00

 

OTHER EXPENSES...................................................................................................        6,000.00

 

ENVIRONMENTAL COMMISSION

 

SALARIES & WAGES...............................................................................................        1,000.00

 

OTHER EXPENSES...................................................................................................           500.00

 

REVENUE & FINANCE DIRECTOR’S OFFICE

 

SALARIES & WAGES............................................................................................ $       6,000.00

 

OTHER EXPENSES...................................................................................................           500.00

 

FINANCIAL ADMINISTRATION

 

SALARIES & WAGES...............................................................................................     45,000.00

 

OTHER EXPENSES...................................................................................................     35,000.00

 

ASSESSMENT OF TAXES

 

SALARIES & WAGES...............................................................................................     26,000.00

 

OTHER EXPENSES...................................................................................................     13,000.00

 

COLLECTION OF TAXES

 

SALARIES & WAGES...............................................................................................     48,000.00

 

OTHER EXPENSES...................................................................................................        8,000.00

 

INSURANCE

 

GROUP INSURANCE FOR EMPLOYEES.............................................................   850,000.00

 

OTHER INSURANCE................................................................................................   240,000.00

 

BOROUGH ADMINISTRATION

 

SALARIES & WAGES...............................................................................................     70,000.00

 

OTHER EXPENSES...................................................................................................     15,000.00

 

UTILITIES BILLING

 

OTHER EXPENSES...................................................................................................        6,200.00

 

CONSTRUCTION OFFICE

 

SALARIES & WAGES...............................................................................................     24,000.00

 

OTHER EXPENSES...................................................................................................     17,000.00

 

 

PUBLIC WORKS DIRECTOR’S OFFICE

 

SALARIES & WAGES...............................................................................................        5,000.00

 

OTHER EXPENSES...................................................................................................           500.00

 

PUBLIC WORKS

 

SALARIES & WAGES...............................................................................................   150,000.00

 

OTHER EXPENSES...................................................................................................     23,000.00

 

UTILITIES

 

NATURAL GAS....................................................................................................... $    40,000.00

 

ELECTRIC...................................................................................................................     40,000.00

 

FUEL OIL....................................................................................................................     50,000.00

 

STREET LIGHTING...................................................................................................     35,000.00

 

LANDFILL

 

OTHER EXPENSES...................................................................................................     45,000.00

 

WATER

 

OTHER EXPENSES...................................................................................................     20,000.00

 

HYDRANT SERVICE................................................................................................     15,000.00

 

ENGINEER

 

OTHER EXPENSES...................................................................................................     25,000.00

 

BEACH MAINTENANCE

 

SALARIES & WAGES...............................................................................................     15,000.00

 

OTHER EXPENSES...................................................................................................     45,000.00

 

SANITATION

 

SALARIES & WAGES...............................................................................................     85,000.00

 

OTHER EXPENSES...................................................................................................     15,000.00

 

RECREATION

 

SALARIES & WAGES...............................................................................................     95,000.00

 

OTHER EXPENSES...................................................................................................     12,000.00

 

SEWERAGE

 

SALARIES & WAGES...............................................................................................     32,000.00

 

OTHER EXPENSES...................................................................................................     14,000.00

 

PARKS AND BUILDINGS

 

SALARIES & WAGES...............................................................................................     60,000.00

 

OTHER EXPENSES...................................................................................................     30,000.00

 

RECREATION BUILDINGS

 

OTHER EXPENSES...................................................................................................     30,000.00

 

FLEET MAINTENANCE

 

SALARIES & WAGES............................................................................................ $    40,000.00

 

OTHER EXPENSES...................................................................................................     40,000.00

 

STATUTORY EXPENSES

 

SOCIAL SECURITY..................................................................................................   150,000.00

 

UNEMPLOYMENT INSURANCE...........................................................................     13,000.00

 

TOTAL APPROPRIATIONS EXCLUDING CAPITAL IMPROVEMENTS,

INTEREST AND DEBT REDEMPTION CHARGES AND PUBLIC

ASSISTANCE........................................................................................................... $.................................................................................................................... 3,915,000.00

 

CAPITAL IMPROVEMENT

 

EMERGENCY SEWER REPAIRS                                ............................................     60,000.00

 

CAPITAL IMPROVEMENT FUND.........................................................................   200,000.00

 

INTEREST AND DEBT REDEMPTION CHARGES

 

INTEREST ON BONDS AND LOANS....................................................................   300,000.00

 

 

 

TOTAL TEMPORARY APPROPRIATIONS (ALL PAGES)................................. $                                                            4,475,000.00

 

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 933-13

 

A RESOLUTION ADOPTING THE CASH MANAGEMENT

PLAN OF THE BOROUGH OF WILDWOOD CREST

 

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:5-14, the Borough of Wildwood Crest shall adopt a Cash Management Plan and shall deposit its funds in accordance with the provisions of said Plan; and

 

WHEREAS, the Cash Management Plan shall include the designation of a depository or depositories as provided in Section 4 of P.L. 1970, c.236; and

 

WHEREAS, the Cash Management Plan shall be designed to assure to the extent practicable the investment of local funds in interest bearing accounts and may be modified from time to time in order to reflect changes in federal or state law or regulations; and

 

WHEREAS, the Cash Management Plan shall be subject to the annual audit conducted pursuant to N.J.S.A. 40A:5-4.

 

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

 

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

2.     The Cash Management Plan for the Borough of Wildwood Crest be and is hereby adopted.

3.     A copy of the Cash Management Plan be and is attached hereto and made a part hereof.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 934-13

 

WHEREAS, by direction of the Cape May County Board of Taxation, adopted pursuant to the terms and provisions of N.J.A.C. 18:12A-1.6(d), any and all tax appeals seeking either increases or decreases of Tax Assessment which shall be submitted to the Cape May County Board of Taxation by the various municipalities which are situated in the County of Cape May are required to, as a prerequisite to their filing, be authorized by a Resolution of the Tax District involved; and

 

WHEREAS, upon being appraised of said fact, the Tax Assessor of the Borough of Wildwood Crest requested that a Resolution authorizing the execution of such tax appeals by the Tax Assessor of the Borough of Wildwood Crest be authorized by the governing body of the Borough of Wildwood Crest so that disposition of the same may be made by the Cape May County Board of Taxation.

 

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

 

1.     That Dianne Kelly, Tax Assessor of the Borough of Wildwood Crest, be and he hereby is authorized to both pursue and defend to completion Tax Appeals on behalf of the Borough of Wildwood Crest for either increase or decreases in Tax Assessments for the calendar year 2013, for disposition by the Cape May County Board of Taxation.

 

2.     That Kevin M. Yecco, Borough Clerk of the Borough of Wildwood Crest, be and he hereby is instructed to direct certified copies of this Resolution to the following persons or agencies:

A.   Dianne Kelly, Tax Assessor of the Borough of Wildwood Crest;

B.    Terence Graff, Tax Collector of the Borough of Wildwood Crest; and

C.    Cape May County Board of Taxation.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 935-13

 

 

         WHEREAS, there exists the need for the “Professional Services” of an ANIMAL CONTROL OFFICER to be retained by the Borough for the performance of animal control, animal cruelty investigation, wildlife removal and road kill disposal services and related duties associated therewith, as well as the annual dog census, 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, Tri-County Animal Control Services, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Tri-County Animal Control Services, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 9, 2013 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 TRI-COUNTY ANIMAL CONTROL SERVICES, L.L.C., who shall be compensated by voucher at the agreed upon rate, 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 Animal Control 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.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 936-13

 

         WHEREAS, there exists the need for the “Professional Services” of an attorney, to be retained by the Borough as a MUNICIPAL PROSECUTOR, for the performance of prosecutorial duties and related (required) work in the Wildwood Crest Municipal Court; 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, RANDOLPH LAFFERTY, Esquire, of the law firm of Youngblood, Lafferty, & Sampoli has completed and submitted a Business Entity Disclosure Certification which certifies that  Randolph Lafferty, and Youngblood, Lafferty, & Sampoli, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 9, 2013 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 RANDOLPH LAFFERTY, ESQ., of the law firm of Youngblood, Lafferty, & Sampoli, who shall be compensated by voucher on the basis of a “not to exceed amount of $18,000 annually,” contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as upon the governing body appropriating sufficient funds in the 2013 Municipal Budget, 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 Municipal Prosecutor is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 937-13

 

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 of Cape May County issue of January 30, 2013.

 

Sealed bids will be received by the Board of Commissioners in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, February 12, 2013, 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:

 

SAND HARVESTING, REDISTRIBUTION, TRANSFER OF SAND AND GRADING OF THE BEACH IN THE BOROUGH OF WILDWOOD CREST

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 938-13

 

WHEREAS, N.J.S.A. 54:5-19 requires the governing body by Resolution to empower the Tax Collector to conduct a tax sale in 2013 for properties with unpaid taxes, sewer and /or other municipal charges or charges in arrears from the prior fiscal year, as well as temporarily hold out of tax sale certain properties that comply with specifically defined conditions and circumstances; and

 

WHEREAS, there are properties with delinquent charges as noted above, as well as certain properties as designated on the 2013 tax sale list which comply with said conditions and circumstances to be temporarily withheld from the tax sale for 2012 taxes, sewer and other municipal charges.

 

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey that the Tax Collector be empowered to conduct a tax sale in 2013 as referenced above, and temporarily hold out of the tax sale any such property which conforms to the specifically defined conditions and circumstances as promulgated in N.J.S.A. 54:5-19 and/or any other provision of New Jersey Statutory Law.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 939-13

 

               WHEREAS, N.J.S.A. 54:4-67 et seq. permits the governing body to fix the rate of interest to be charged for the nonpayment of taxes, sewer or other municipal charges.

 

               NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Wildwood Crest, the rate of interest on unpaid taxes and sewer shall be eight (8) percent per annum on the first one thousand five hundred dollars ($1,500.00) of delinquency and eighteen (18) percent per annum on any amount in excess of one thousand five hundred dollars ($1,500.00) to be calculated from the date the tax, sewer or other municipal charges were payable until the date of actual payment.  No interest shall be charged if payment is made on or before the tenth (10th) calendar day following the date upon which the same is payable.

 

               BE IT FURTHER RESOLVED, in addition to the interest provided above, all delinquencies in excess of ten thousand dollars ($10,000.00) which are not paid prior to the end of the year will be subject to a year-end penalty of six (6) percent.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 940-13

 

               WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax overpayments or delinquent amounts of five (5) dollars or less; and

 

WHEREAS, there also exists a need to apply the same provision as promulgated in N.J.S.A. 40A:5-17 to the cancellation of municipal sewer overpayments and delinquencies of five (5) dollars or less.

 

               NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Tax Collector is hereby authorized to cancel without any further action on the part of the Governing Body, any property tax and/or municipal sewer overpayments and/or delinquencies of $5.00 or less. 

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, be paid.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

The Clerk reported that the Solicitor was working on ordinances and amendments to beach regulations, and the Solicitor indicated that they would be provided to the governing body by Friday, January 11, 2013, with the intent that they will be listed for the January 23, 2013 Commission meeting.

 

The Solicitor reported that she had been contacted by the Solicitor for the City of Wildwood regarding the UCC carryover inspections and UEZ participation, and indicated that the City of Wildwood would be meeting on January 9, 2013 and the matters should be resolved at that time.

 

With regard to the traffic ordinance amendment, the Clerk reported that the Chief of Police was working on revisions to the code to insure that the ordinance would be introduced at the January 23, 20113 Commission meeting.

 

Gary Agnes, 5405 Lake Road, complimented the Public Works Department for their efforts in the clean-up of the Borough after Hurricane Sandy. Additionally, he commented on the beach access at Cresse Avenue, and asked the governing body to work on getting the situation resolved due to the unsafe situation at the bike path crossing. Finally, he inquired about the status of FEMA flood elevation maps, which “reassess” his property as a V-Zone property. He was told by FEMA that he as an individual could not object, but that the municipality could make comment. He inquired what the Borough would be doing to protect the property owners from the actions of FEMA. Mr. Cabrera responded that the Borough had received the new proposed flood maps the day before this meeting, and he had not had a chance to review them. The Clerk indicated that the maps were presently under review and the Borough’s Zoning Office was “taking up the cause along with the Construction Official.” Mr. Agnes inquired if it would include existing homes whereby existing homes would have to be raised. The Clerk responded that as it currently stands, it would impact existing homes, and that is one of the matters being addressed.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

Dated:        January 23, 2013

Kevin M. Yecco, Borough Clerk  

MINUTES OF MEETINGS INDEX