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Minutes of Commissioners Meeting   -   June 12, 2013

Note:  Complete Meeting Appears on CD #15-13 on File in the Borough Clerk's Office. June 12, 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 9:30 a.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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1169 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. 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 a public hearing now be held on Ordinance No. 1169.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1169 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1169 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1170 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. 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 a public hearing be held on Ordinance No. 1170.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1170 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1170 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. 1171

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 79, VEHICLE AND TRAFFIC, SECTION 35, SCHEDULE IV, TIME LIMIT PARKING OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1171 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, June 26, 2013, at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1030-13

Resolution Accepting the “Oceanfront Management Plan,” Revised October 2011, as Prepared by Lomax Consulting Group LLC, and the “Standard Operating Procedures: Beach and Dune Maintenance Activities”

 

WHEREAS, on January 13, 2010, as authorized by Resolution No. 188-10, the Borough of Wildwood Crest entered into a contract with Lomax Consulting Group LLC to provide environmental consulting and permitting services associated with the beach re-grading and maintenance project; and

 

WHEREAS, Lomax Consulting Group LLC has provided a document entitled “Oceanfront Management Plan,” revised October 2011, as well as a document entitled “ Standard Operating Procedures: Beach and Dune Maintenance Activities” to 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, as follows:

 

               1.            The preamble hereto is incorporated herein as if fully set forth.

 

               2.            That the documents entitled “Oceanfront Management Plan,” revised October 2011, and “Standard Operating Procedures: Beach and Dune Maintenance Activities,” as prepared by Lomax Consulting Group LLC, be and the same are hereby accepted as presented.

 

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. 1031-13

 

Authorizing Retention Via Professional Services Agreement Of A Community Development Consultant

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Community Development Consultant for the performance of duties associated therewith, and more specifically for the administration of a Department of Community Affairs Small Cities Fiscal Year 2014 grant, if so awarded; and

 

WHEREAS, on June 12, 2013, the Board of Commissioners of the Borough of Wildwood Crest did authorize Blauer Associates to make application to the State of New Jersey Department of Community Affairs, Small Cities Community Development Block Grant Program, for the project entitled “West Side Drainage, Phase 4” in the not to exceed amount of $400,000; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of community development; 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 Mark Blauer of Blauer Associates, Inc. is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Mark Blauer of Blauer Associates, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Mark Blauer and Blauer Associates, Inc. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing June 12, 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, County of Cape May, New Jersey, as follows:

 

1.                Mark Blauer of Blauer Associates, Inc., is hereby retained as Community Development Consultant to provide specialized professional services in the field of community development work. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Mark Blauer of Blauer Associates, Inc., for specialized professional services as Community Development Consultant for a term of one (1) year, which contract shall provide for a fee of $1,800.00 for the submission of any authorized grant application and administrative fees to be paid from the proceeds of any grant funds realized; all of which is more fully described in the attached agreement which is made a part hereof by reference as if fully set forth, all of which is more fully conditioned upon certification of availability of funds below by the Chief Financial Officer in conjunction with commitment by the governing body to fund said costs and fees in the CY 2014 Municipal Budget.

 

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 file 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 Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1032-13

 

Adoption of State Model Citizen Participation Plan for DCA Small Cities Program

 

WHEREAS, the Borough is Wildwood Crest is an applicant for a Department of Community Affairs Fiscal Year 2014 Small Cities Community Development Project for an amount not to exceed $400,000 for the West Side Drainage Improvements, Phase 4 Project and will enter into a grant agreement for said grant if approved;

 

WHEREAS, that grant agreement will require the Borough of Wildwood Crest to comply with all federal regulations with respect to citizen participation; and

 

WHEREAS, the Borough of Wildwood Crest has reviewed the State Model Citizen Participation Plan prepared for Small Cities CDBG grantees;

 

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. The State Model Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG is adopted by the Borough of Wildwood Crest; and

 

               2. The Borough of Wildwood Crest will follow all regulations set forth in that document throughout the term of the grant agreement cited above.

 

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. 1033-13

 

Identifying Small Cities Fair Housing Officer

 

WHEREAS, the Borough of Wildwood Crest is applying for a Fiscal Year 2014 Small Cities Community Development Block Grant in an amount not to exceed $400,000 from the New Jersey Department of Community Affairs for financial assistance for the West Side Drainage Improvements, Phase 4 Project; and

 

WHEREAS, the Borough of Wildwood Crest must make efforts to affirmatively further fair housing; and

 

WHEREAS, the Borough of Wildwood Crest has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

 

WHEREAS, the Borough of Wildwood Crest has made assurances in the grant agreement that;

 

1.                                          It will comply with the Housing and Community Development Act of 1974, as amended, and regulations issues thereto; and

2.                                          It will comply with the Civil Rights Act of 1964, and the regulations issued thereto it; and

3.                                          It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing; and

4.                                          It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of 1973.

                             

NOW, THEREFORE, BE IT RESOLVED that the Borough Clerk shall be designated as the Small Cities Program Fair Housing Compliance Officer for the Borough of Wildwood Crest; and

 

BE IT FURTHER RESOLVED that the Fair Housing Officer shall contact the US HUD Regional Office of Housing and Equal Opportunity and the NJ Division on Civil Rights, inform those agencies of his/her appointment as Fair Housing Officer and request Fair Housing Information; and

 

BE IT FURTHER RESOLVED, that the Fair Housing Officer shall provide fair housing advisory services and assistance and referral advice to persons requesting such assistance from the Borough of Wildwood Crest; and

 

BE IT FURTHER RESOLVED, that the Borough of Wildwood Crest will publish in the local newspaper of record and post at the Borough Municipal Building a public notice announcing the appointment of the Fair Housing Officer and the availability of local fair housing advisory services.

 

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. 1034-13

 

Approving Public Facilities Grant Management Plan

 

WHEREAS, the Borough of Wildwood Crest will apply for $400,000 in Fiscal Year 2014 CDBG funds for the West Side Drainage Improvements, Phase 4 Project ;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to prepare a Grant Management Plan to define project staffing and project activities;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to officially adopt its Grant Management Plan;

 

WHEREAS, the Borough has prepared a Grant Management Plan for its Fiscal Year 2013 Public Facilities project;

 

NOW, THEREFORE BE IT RESOLVED, that the Borough Commissioners of the Borough of Wildwood Crest adopts the Grant Management Plan prepared by Blauer Associates for the Fiscal Year 2014 Public Facilities project.

 

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. 1035-13

 

Whereas, the Borough of Wildwood Crest desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for an amount not to exceed $400,000 for the West Side Drainage Improvements, Phase 4 Project and will enter into a grant agreement for said grant if approved;

 

Be it therefore RESOLVED,

 

1) that the Borough of Wildwood Crest does hereby authorize the application for such a grant, and,

 

2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of Wildwood Crest and the New Jersey Department of Community Affairs.

 

Be it further RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement to sign the agreement, and any other documents necessary in connection therewith:

 

                                                                                                                                  

                                                                                                                                       Carl H. Groon, Mayor                      Kevin M. Yecco, Borough Clerk

 

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. 1036-13

 

WHEREAS, MAUREEN KRAVETZ, 127 Fitzgerald Street, Philadelphia, PA 19148, has paid Five Hundred Eighty Five ($585.00) Dollars to the Borough of Wildwood Crest for the enrollment of her son, Wil Kravetz, in the Pier Playmates Program, first and second sessions; and

 

WHEREAS, a conflict in her son’s schedule has arisen, requiring the withdrawal of her son from the second session camp; and

 

WHEREAS, Wil Kravetz did not attend any Pier Playmates Program sessions;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund in the amount of Two Hundred Ten ($210.00) Dollars to MAUREEN KRAVETZ, 127 Fitzgerald Street, Philadelphia, PA 19148 for the withdrawal of her son, Wil Kravetz, from the Pier Playmates second session.

 

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. 1037-13

 

WHEREAS, BETTY FOX, 213 East Columbine Road, Wildwood Crest, NJ 08260 was transported on August 31, 2012 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, BETTY FOX’s responsibility for said services was $500.00 and payment had been made to the Borough of Wildwood Crest in the amount of $500.00; and

 

WHEREAS, BETTY FOX had submitted another payment in the amount of $50.00, which has now created an overpayment with the Borough of Wildwood Crest in the amount of $50.00 for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $50.00 to BETTY FOX, 213 East Columbine Road, Wildwood Crest, NJ 08260 for said overpayment.

 

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. 1038-13

 

WHEREAS, on May 8, 2013, BRUCE HAMLIN/PARADISE OCEANFRONT MGMT LLC, 405 E. Denver Ave., Wildwood Crest, NJ 08260, paid the 2013 mercantile license fee of $634.80 for fourteen (14) coin-operated vending machines located at the Paradise Ocean Resort:

 

WHEREAS, on May 30, 2013, BRUCE HAMLIN/PARADISE OCEANFRONT MANAGEMENT LLC, 405 E. Denver Ave., Wildwood Crest, NJ 08260, submitted a revised mercantile application indicating a total of six (6) coin-operated machines on the premises due to the removal of all coin-operated games.; and

 

WHEREAS, BRUCE HAMLIN/PARADISE OCEANFRONT MANAGEMENT LLC has submitted a request for a refund in the amount of $330.60 for the eight (8) vending machines that are no longer on the premises; 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, State of 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 $330.60 to be made to BRUCE HAMLIN/PARADISE OCEANFRONT MANAGEMENT LLC, 405 E. Denver Ave., Wildwood Crest, NJ 08260, 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. 1039-13

 

WHEREAS, on May 30, 2013 , LAWRENCE CONWAY , 1703 Walnut Dr. , Latrobe, PA 15650 , applied for a Special Events Permit for the purpose of  the CONWAY/FANNIE WEDDING   to be held on August 16, 2013 ,  from 6:00 p.m. to 7:00 p.m., at the RAMBLER ROAD GAZEBO ; and

                                                                                                                                               

WHEREAS,  LAWRENCE CONWAY, 1703 Walnut Dr., Latrobe, PA 15650 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  LAWRENCE CONWAY , 1703 Walnut Dr., Latrobe, PA 15650 for the purpose of  the CONWAY/FANNIE WEDDING to be held on August 16, 2013 , from 6:00 p.m. to 7:00 p.m., at the RAMBLER ROAD GAZEBO

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1040-13

 

WHEREAS, on May 24, 2013, WALTER SYZONENKO, LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd , Randolph, NJ 07869 , applied for a Special Events Permit for the purpose of a VOLLEYBALL TOURNAMENT   to be held on Friday, August 23, 2013 with a rain date of Saturday, August 24, 2013 from 7:30 a.m. to 4:00 p.m., on the BEACH in front of the Pan American Hotel, 5901 Ocean Ave. ; and

                                                                                                                                               

WHEREAS, WALTER SYZONENKO, LYS SPORTS ACADEMY /USCAK, 63 Wilkeshire Blvd., Randolph, NJ  07869 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 WALTER SYZONENKO, LYS SPORTS ACADEMY/ USCAK, 63 Wilkeshire Blvd., Randolph, NJ  07869 for the purpose of a VOLLEYBALL TOURNAMENT to be held on Friday, August 16, 2013 with a rain date of Saturday, August 24, 2013 from 7:30 a.m. to 4:00 p.m., on the BEACH in front of the Pan American Hotel, 5901 Ocean 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. 1041-13

 

Authorizing Renovation of Bayview Memorial Park by James C. O’Keefe as an Eagle Scout Project

 

 

WHEREAS, James C. O’Keefe has presented a proposal to the Board of Commissioners of the Borough of Wildwood Crest to renovate Bayview Memorial Park, Block 148, Lot 4, 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.            James C. O’Keefe is hereby authorized to renovate Bayview Memorial Park, Block 148, Lot 4, in conjunction with his Eagle Scout Project, and pursuant to a proposal presented to the Board of Commissioners.

 

               2.            In furtherance of said project, James C. O’Keefe shall:

 

                              a.            Replace three benches to be provided by the Borough; power wash all walkways; install black marble around plaque pedestal; install fencing around the power control station; remove weeds and wooden bell, and replace with a tree and plants.

 

               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. Additionally, the Wildwood Crest Department of Public Works shall provide and install an electrical box.

 

               4.            James C. O’Keefe 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

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Present at this meeting were representatives of Commercial Utility Consultants, Inc. to discuss the Electric Energy Aggregation Program. They provide the background of Commercial Utility Consultants, Inc. (CUC), and spoke about energy deregulation. They indicated that with the implementation of the residential aggregation in July 2013, energy savings through municipal co-ops can now be extended to the residents of the municipality. They explained the purpose of the aggregation process, and the steps required from the Borough to implement the aggregation program in Wildwood Crest. Also covered was the lack of cost to the Borough to participate in the program, as well as the fact that residents would automatically be placed in the program with the option to “opt out.” There is no cost to the resident to opt out. Mr. Cabrera inquired if an analysis had been done on the Borough’s electric bills. The CFO responded that most of the Borough’s electric bills go through the South Jersey energy co-op, with the exception of the street lighting. The CFO added that the Borough could potentially save $20,000 to $30,000 on street lighting bills alone. He added for clarification that this program would include only residential and not commercial properties. The CUC representatives were asked about the time frame for implementation of the program. They advised that due to the requirement of the adoption of an ordinance before the process could commence, the start date could potentially be within three months.

 

The Clerk indicated that there will be two special elections for U.S. Senate, the primary to be on August 13, 2013 and the Special Election to be on October 16, 2013. He stated that the August 13, 2013 primary would interfere with the operation of the Pier Playmates at the Crest Pier, since that is the location for Districts 1 and 2 polling places. He added that the possibility exists to move those two Districts to the Fire House temporarily for that election, and proper notice would have to be made to the residents of those districts. The Clerk reported that the County has provided support for temporarily moving those polling places to the Fire House. The Clerk was instructed to report to the County Clerk that those two districts would be temporarily moved to the Fire House for the August 13, 2013 primary election.

 

The next matter for discussion was a letter from the Dolphins Swim Team requesting renewal of their lease of the Von Savage Pool. The Clerk was instructed to advise the Dolphins Swim Team that the governing body would be amenable to renewing the lease for a four year term at the same rental rate.

 

With regard to beach access for vehicular traffic, the Clerk reported that issues had been raised with regard to movement of vehicles on Cresse Avenue. Mr. Cabrera stated that it was his understanding that discussions with the City of Wildwood and GWTIDA would be on-going, but that since the summer season was in full swing, it should remain status quo in the short-term. Mr. Groon concurred.

 

The Clerk indicated that he had been requested to research the status of the Turtle Gut Park name designation. He provided the governing body with a copy of the ordinance (No. 494) designating the name for that park, and indicated that the name change would have to be done by ordinance.

 

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

RESOLUTION NO. 1042-13

 

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that one (1) (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on Wednesday, June 12, 2013 at 9:30 A.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

_______              “(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.” The legal citation to the provision(s) at issue is: _________________________________________ and the nature of the matter, described as specifically as possible without undermining the need for confidentiality is____________________________________________________

 

________            “(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

________            “(3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _________________________________________

 

________            “(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body.” The collective bargaining contract(s) discussed are between the Borough and _________________________________________

 

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

 

________            “(6) Any tactics and techniques utilized in protecting the safety and property of the public provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

________            “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are _______________________________________________________________

and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is ______________________________

 

__1_____            “(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are long-term administrative strategic plan.

 

 

________            “(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

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

 

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

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

 

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

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Janelle M. Holzmer, Borough Clerk  

MINUTES OF MEETINGS INDEX