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Minutes of Commissioners Meeting   -   May 29, 2013

Note:  No Audio Recording Is Available For This Meeting Due To Technical Difficulties. May 29, 2013
Wildwood Crest, NJ

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

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 28, 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 Mrs. Gould, that Ordinance No. 1168 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1168

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 58, RETURNED CHECKS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 807 ADOPTED OCTOBER 11, 1995

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1168.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1168 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1168 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1169

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 34, FIRE DEPARTMENT, SECTION 34-5, HEALTH INSURANCE COVERAGE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 5 ADOPTED JANUARY 2, 1911, AND ORDINANCE NO. 1087 ADOPTED JANUARY 27, 2010

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1169 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 12, 2013 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1170

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 79, VEHICLE AND TRAFFIC, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, SECTION 79-6, PARKING TIME LIMITED, SCHEDULE IV, AND AMENDING ORDINANCE NO. 388 ADOPTED AUGUST 14, 1968, ORDINANCE NO. 478 ADOPTED APRIL 9, 1975, ORDINANCE NO. 522 ADOPTED MAY 24, 1978, AND ORDINANCE NO. 592 ADOPTED MAY 1, 1984

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1170 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 12, 2013 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1022-13

 

Authorizing Renovation of Turtle Gut Park by Brad Altman as an Eagle Scout Project

 

WHEREAS, Brad Altman has presented a proposal to the Board of Commissioners of the Borough of Wildwood Crest to renovate Turtle Gut Park, Block 115.01, Lot 1, in conjunction with his Eagle Scout Project; and

 

WHEREAS, it is the desire of the Board of Commissioners to approve the proposed project;

 

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.            Brad Altman is hereby authorized to renovate Turtle Gut Park, Block 115.01, Lot 1, in conjunction with his Eagle Scout Project, and pursuant to a proposal dated May 1, 2013.

 

               2.            In furtherance of said project, Brad Altman shall:

 

                              a.            Create flower beds and plant flowers. Mulch shall be provided by the Wildwood Crest Department of Public works;

                              b.            Power-wash all concrete walkways;

 

               3.            The Wildwood Crest Department of Public Works shall prune the holly trees at said park, and shall prime and paint the existing flag pole, utilizing a bucket truck. No Boy Scouts shall be involved in the painting of the flag pole in any capacity.

 

               4.            Brad Altman and the Boy Scouts of America shall submit proof of liability insurance coverage in the minimum amount of $1 million, as well as execute an Indemnification and Hold Harmless Agreement.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1023-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, in accordance with Ordinance No. 1148 adopted August 29, 2012, Carl H. Groon, Mayor, and Kevin M. Yecco, Borough Clerk, be and they are hereby authorized, instructed and empowered to execute and attest the Agreement of Sale between the Borough of Wildwood Crest and the Board of Education of the Borough of Wildwood Crest for the purchase of Block 185, Lot 26 in the Borough of Wildwood Crest. A copy of said Agreement of Sale is attached hereto and made a part hereof.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1024-13

 

WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2013 property taxes and/or utility payments; and

 

               WHEREAS, an overpayment was created for the reason listed below, and

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

2-8-C0002                          Verchio, Thomas A & Frances A                                                Amount

2013 Tax                            119B E Morning Glory Rd                                                                      $1,312.42

                                             Title Company & Mortgage Company

                              both paid 2013 2nd quarter taxes.

                                             Refund overpayment to Crest Savings Bank.

 

38.03-1-C0108   Da Grosa, James J & Kathleen                                                                   Amount

2013 Tax                            6210 Ocean Ave                                                                        $1,192.46

                                             Title Company & Mortgage Company

                              both paid 2013 2nd quarter taxes.

                                             Refund overpayment to Da Grosa, James J & Kathleen.

                                            

 

               NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

May 29, 2013.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1025-13

 

WHEREAS, on April 2, 2013, MARK MADRACK, 148 Steelton Rd., Berlin, NJ 08009, paid the 2013 mercantile license fee of $ 660.00, check #783, for the rental of 309 E. Topeka Ave., Wildwood Crest, NJ ; and

                                                                                                                                               

WHEREAS, on May 8, 2013, Crest Savings Bank faxed a copy of check #783 indicating the amount of $666 was deposited into the Borough of Wildwood Crest account, as per the spelled out amount on the check, six hundred & sixty six dollars, resulting in an overpayment of $6.00 ; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and he is hereby authorized and directed to cause a refund in the amount of $ 6.00 to be made to MARK MADRACK, 148 Steelton Rd., Berlin, NJ 08009  I-RUN of CREST MEMORIAL SCHOOL for the reason set forth hereinabove.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1026-13

 

WHEREAS, on May 1, 2013 , I-RUN of CREST MEMORIAL SCHOOL , Stephanie Wiscott , 9100 Pacific Ave., Wildwood Crest NJ 08260 , applied for a Special Events Permit for the purpose of a 5K RUN & 1 MILE WALK/RUN   to be held on June 9, 2013 ,  from 8:00 a.m. to 11:00 a.m., at Crest Pier and the Bike Path from Heather Rd. to Cresse Ave. ; and

                                                                                                                                               

WHEREAS,  I-RUN of CREST MEMORIAL SCHOOL, Stephanie Wiscott, 9100 Pacific Ave., Wildwood Crest NJ 08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  I-RUN of CREST MEMORIAL SCHOOL , Stephanie Wiscott, 9100 Pacific Ave., Wildwood Crest NJ 08260 for the purpose of a 5K RUN & 1 MILE WALK/RUN to be held on June 9, 2013 , from 8:00 a.m. to 11:00 a.m., at Crest Pier and the Bike Path from Heather Rd. to Cresse Ave.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1027-13

 

WHEREAS, on May 8, 2013 , FRED M. SCHIAVONE, JR & SHARON A. MORGAN , P.O. Box 396 , Malaga, NJ 08328 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 29, 2013 ,  from 7:00 p.m. to 7:30 p.m., on the BEACH AT STOCKTON RD. ; and

                                                                                                                                               

WHEREAS,  I-RUN of CREST MEMORIAL SCHOOL, Stephanie Wiscott, 9100 Pacific Ave., Wildwood Crest NJ 08260 have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  I-RUN of CREST MEMORIAL SCHOOL , Stephanie Wiscott, 9100 Pacific Ave., Wildwood Crest NJ 08260 for the purpose of a 5K RUN & 1 MILE WALK/RUN to be held on June 9, 2013, from 8:00 a.m. to 11:00 a.m., at Crest Pier and the Bike Path from Heather Rd. to Cresse Ave.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1028-13

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF ESTIMATE CERTIFICATE NUMBER 4-FINAL.

                              SAND HARVESTING, TRANSFER OF SAND & GRADING OF THE BEACH

 

 

WHEREAS, Don Rogers, Inc. of Rio Grande, Bridgeton has satisfactorily completed the contract for the project known as Sand harvesting, Transfer of Sand & Grading of the Beach; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 4 – FINAL, in the amount of $6,540.87, 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 Estimate Certificate Number 4 – FINAL, in the amount of $6,540.87 for a total project payment of $327,043.60, be and the same is 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 Don Rogers, Inc. be made thereon.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1029-13

 

         WHEREAS, there exists the need for the “Professional Services” of a BOROUGH ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associated with coastal engineering services in conjunction with the FEMA Advisory Base Flood Elevations Maps as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

         WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

         WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award;

 

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

 

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

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with HATCH MOTT MacDONALD, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds at the not to exceed contract amount of Five Thousand ($5,000) Dollars, 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 Engineering Firm is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending April 30, 2013 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held April 24, 2013 and May 8, 2013, as well as the minutes of the Special Meeting and Closed Session held May 23, 2013.

Vote:          Gould-Cabrera-Groon-Yes

 

James C. O’Keefe (Eagle Scout) presented a request to refurbish Bayview Memorial Park.  Specifically, the request included the placement of new benches, repair and/or replacement of the flag pole and light; removal of the wooden bell, weeds, and debris and replace same with the planting of a tree and flowers.  Finally, the request included the installation of a fence around the power control station and refurbishing of the actual memorial plaque.

The Board provided tentative approval for this request subject to DPW and the Borough Engineer meeting to define which tasks can be performed by the Scouts and which must be provided by the Borough.

 

The Board determined that the grant list would be moved to old business so that the list could be fine tuned later in the year at which time the capital improvement list is being contemplated.

 

The Mayor next advised that a barrier will be installed at Sunrise Park (Rambler Road) to properly protect bike riders, pedestrians from the flow of vehicular traffic.

Concerning the New Jersey Avenue Street Reconstruction Project, the Borough Engineer indicated that the permit was received for Bayview but the Army Corps of Engineers is the initial hold-up for the project.  The Engineer was advised that time is truly of the essence in order for NJEIT funding to be locked up for this calendar year against bills now being incurred.  The Engineer responded that he is working diligently to have everything approved; that the outfall permits are the first requirement and that the flood hazard act permit must be obtained immediately thereafter.

 

The Mayor requested that a check of borough records be made to determine when and if “Turtle Gut Park” was officially named.

 

Regarding the FY2014 Small Cities CDBG Program, Jim Verna advised that the due date for submission is September 6th and that further direction would be needed for project description to be provided to Mark Blauer, the Borough grants administrator.  It was determined after further discussion that the project description for Westside drainage improvements (phase 4) would include the street-ends at Crocus, Heather, and Cardinal Roads.

 

The governing body next determined a desire to pursue the Electric Energy Aggregation program but a consensus was not reached as to whether that pursuit would include residential users.  It was agreed that CUC, Inc. would be invited to a meeting with a member of the governing body and members of Borough staff to establish a public plan going forward!

 

Nancy Pietropaoli, 6002 Seaview Avenue, commenced on the “heavy equipment and cement mixers” entering the beach. Mr. Cabrera indicated that he was concerned about “oversized” vehicle access to the beach at Heather Road. The Chief of Police stated that his department regulates access on Heather Road and that it is only for “oversized vehicles” or “special events vehicles” pre- and post-season. Mr. Groon stated that the permits and police department presence will control access.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        June 26, 2013

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MINUTES OF MEETINGS INDEX