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Minutes of Commissioners Meeting   -   January 23, 2013

Note:  Complete Meeting Appears on CD #2-13 on File in the Wildwood Crest, NJ Borough Clerk’s Office January 23, 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 7:00 p.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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1153 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1153.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1153 be closed.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1153 be passed on second and final reading and advertised according to law.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1154 be placed on second reading and final passage by title only.

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1154.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1154 be closed.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1154 be passed on second and final reading and advertised according to law.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1155 be placed on second reading and final passage by title only.

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1155.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1155 be closed.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1155 be passed on second and final reading and advertised according to law.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1156 be placed on second reading and final passage by title only.

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

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1156.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

There being no public comments, Mrs. Gould motioned seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1156 be closed.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1156 be passed on second and final reading and advertised according to law.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1157

ORDINANCE PROVIDING FOR IMPROVEMENT OF THE STORM SEWER SYSTEM IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND APPROPRIATING $119,000 THEREFOR, CONSTITUTING PROCEEDS OF OBLIGATIONS OF THE BOROUGH HERETOFORE ISSUED.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1157 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 6, 2013 at 9:30 a.m.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1158

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENT OF THE STORM SEWER SYSTEM IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND APPROPRIATING THEREFOR THE AMOUNT OF $51,000 FROM GENERAL CAPITAL FUND BALANCE

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1158 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 6, 2013 at 9:30 a.m.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 941-13

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that as a result of the oral bidding which took place on January 3, 2013, at 1:00 p.m., in the Municipal Court Room of Wildwood Crest Borough Hall, during which time O2, INC. t/a OCEAN OUTFITTERS, 6101 New Jersey Avenue, Wildwood Crest, New Jersey submitted the highest bid in the amount of Five Thousand ($5,000.00) Dollars per season, for a term commencing February 1, 2013 and terminating September 30, 2014, for the operation of a beach concession for ocean surf camp/water safety instructions, the precise location to be designated daily as authorized by the Supervisor of the Wildwood Crest Beach Patrol, or his designee.

 

BE IT FURTHER RESOLVED that Joyce P. Gould, Commissioner of Revenue and Finance of the Borough of Wildwood Crest, and Kevin M. Yecco, Borough Clerk, be and they are hereby authorized, instructed and empowered to execute and attest the Lease by and between the Borough of Wildwood Crest and O2, INC. t/a OCEAN OUTFITTERS, incorporating all of the terms and conditions of the above successful ocean surf camp/water safety instruction concession rental bid.

 

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. 942-13

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with POGUE SAFETY & HEALTH CONSORTIUM be and the same is hereby authorized and approved effective immediately and through December 31, 2013, for the express purpose of enabling said POGUE SAFETY & HEALTH CONSORTIUM to develop, schedule, and provide alcohol and drug testing services at a total cost of Fifty-Eight ($58.00) Dollars per employee trained, for all CDL (Commercial Driver’s License) operators employed by the Borough of Wildwood Crest; said compliance being required by the federally mandated CDL testing procedures which are made a part hereof by reference as if fully set forth.

 

BE IT FURTHER RESOLVED that the Commissioner of Revenue and Finance and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds below from the CFO.

 

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

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 943-13

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 2–FINAL AND ESTIMATE CERTIFICATE NUMBER 10-FINAL.

                              RAMBLER ROAD PARK, PHASE 1 = BUILDING IMPROVEMENTS

 

 

WHEREAS, MJJ Construction, LLC of Atco, New Jersey has satisfactorily completed the contract for the project known as Rambler Road Park, Phase 1, Building Improvements; and

 

WHEREAS, during the course of completing the project, certain additions were required as indicated on Change Order Number 2 – FINAL, increasing the contract amount by $24,772.59; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 10 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 2 – FINAL, increasing the total contract amount to $616,127.59  and Estimate Certificate Number 10 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to MJJ Construction, LLC be made thereon.

 

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

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 944-13

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 2–FINAL AND ESTIMATE CERTIFICATE NUMBER 10-FINAL.

                              RAMBLER ROAD PARK, PHASE 2 = SITE IMPROVEMENTS

 

WHEREAS, MJJ Construction, LLC of Atco, New Jersey has satisfactorily completed the contract for the project known as Rambler Road Park, Phase 2, Site Improvements; and

 

WHEREAS, during the course of completing the project, certain additions and deletions were required as indicated on Change Order Number 2 – FINAL, increasing the contract amount by $14,601.99; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 10 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 2 – FINAL, increasing the total contract amount to $872,877.99 and Estimate Certificate Number 10 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to MJJ Construction, LLC be made thereon.

 

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

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 945-13

 

         WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of computer technology support services 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, South Jersey Technology Partnership has completed and submitted a Business Entity Disclosure Certification which certifies that South Jersey Technology Partnership will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 23, 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 South Jersey Technology Partnership, who shall be compensated by voucher at the agreed upon rate of $8,750.00 per year for comprehensive remote network monitoring and administration services for 2013, contingent upon certification below from the Chief Financial Officer as to the availability of funds as well as the governing body setting sufficient funds in the 2013 municipal budget, 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 South Jersey Technology Partnership 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. 946-13

 

Authorizing Consent for the Proposed Amendment to the

Cape May County Water Quality Management Plan (WQMP)

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, Cape May County, New Jersey, desires to provide for the orderly development of wastewater facilities within the County of Cape May and Borough of Wildwood Crest; and

 

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment services areas, as well as related subjects, be in conformance with an approved WQM plan; and

 

WHEREAS, the NJDEP has established the WQM plan amendment procedure as the method of incorporating unplanned facilities into a WQM plan; and

 

WHEREAS, a proposed WQM plan amendment was previously noticed in the New Jersey Register for the Cape May County Water Quality Management Plan;

 

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

 

               1.            This governing body hereby consents to the amendment entitled “Proposed Amendment to the Cape May County Water Quality Management Plan (WQMP)” for the purpose of its incorporation into the applicable WQM Plan.

 

               2.            This consent shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.4.

 

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

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 947-13

WHEREAS, N.J.S.A. 40A:4-59 permits transfers between appropriation reserves during the first three (3) months of the fiscal year; and

 

WHEREAS, claims have been received for the month of December 2012 for which inadequate 2012 appropriation reserves exist to pay said claims.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey (not less than two-thirds of the full membership concurring) that transfers between appropriation reserves be and are hereby authorized as follows:

                                                                                                         FROM                                 TO

 

Gasoline – Other Expenses                                                     $3,000.00

Telephone    Other Expenses                                                                                     $3,000.00

 

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 and which appear in full on the following page, be paid.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

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 December 31, 2012, be accepted as presented and filed.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held December 27, 2012 and January 9, 2013, be approved as presented.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

With regard to the beach concession rental, the Clerk reported that he had discussed with the Solicitor the bid documents in that regard and they are being prepared for initial review. He added that the intent would be to have everything in place by April with respect to an award so that the process can be commenced for occupancy of the concession rental at the beginning of May.

 

The Clerk reported that the 2013 capital improvements are being moved forward. He indicated that there will be one more capital ordinance to address issues that have to date not been funded.

 

Concerning the traffic ordinance amendments, the Clerk reported that the Chief of Police was working on that revision and it was intended to be introduced on February 6, 2013.

 

The Clerk reported that the bulkheads, docks and piers section of the code was being reviewed by the Construction Official.

 

The Solicitor indicated that the Cresse Avenue beach access issue would be incorporated in the draft beach regulations amendment ordinance.

 

With regard to the UCC carryover inspections, the Solicitor reported that the Solicitor for the City of Wildwood was to have provided her with an agreement and she anticipated that it would be available for the February 6, 2013 Commission meeting.

 

The Clerk reported that Mrs. Gould was working on the Borough logo design.

 

As to the County Library renovations, the Clerk reported that the Committee would be conducting another meeting on January 31, 2013.

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:        Gould-Cabrera-Yes                                   Groon-Absent

 

Dated;      February 27, 2013

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX