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Minutes of Commissioners Meeting   -   August 7, 2013

Note:  Complete Meeting Appears on CD #22-13 on File in the Borough Clerk's Office. August 7, 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. 1173 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. 1173

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 8, BEACHES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 899 ADOPTED MARCH 27, 2002; AMENDING SECTION 8-1 – SHORT TITLE; AMENDING SECTION 8-6 – ESTABLISHMENT OF RULES AND REGULATIONS, SUBSECTION (3) - DEFINITIONS;  AMENDING SECTION 8-6 – ESTABLISHMENT OF RULES AND REGULATIONS – BY DELETING SUBSECTION 5, PARAGRAPHS (C), (D), (E) AND (F) AND  SUBSECTION 6, PARAGRAPHS (A), (B), (C) AND (D); CREATING NEW SECTION 8-7, PROTECTION OF BEACHES AND DUNES, OCEANFRONT MANAGEMENT PLAN AND STANDARDS ORDINANCE; CREATING NEW SECTION 8-8 – BOROUGH EMPLOYEE CONDUCT AND OVERARCHING POLICIES; CREATING NEW SECTION 8-9 – EMERGENCY CONTACT PROCEDURE; CREATING NEW SECTION 8-10 – BEACH MAINTENANCE STANDARDS; CREATING NEW SECTION 8-11 – DUNE MAINTENANCE STANDARDS; CREATING NEW SECTION 8-12 – ACCESS WAYS AND TEMPORARY STRUCTURE MAINTENANCE STANDARDS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1173.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk announced that in the originally introduced Ordinance, there was a typographical error in Section 8-2 titled the word “overarching” was replaced with “overreaching.”  It should have been overarching and it has been changed.

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1173 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1173 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. 1174

 

BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MUNICIPALLY-OWNED BUILDINGS, FACILITIES AND PROPERTIES IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $950,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $904,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1174 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 21, 2013, at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1074-13

Authorizing award of Professional Services Agreement to Triad Associates to perform consulting and application services for funding opportunities at the not to exceed amount of $10,000

 

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of Community and Economic Development 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, TRIAD ASSOCIAGTES, has completed and submitted a Business Entity Disclosure Certification which certifies that TRIAD ASSOCIATES will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing August 7, 2013 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2013.

 

          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 TRIAD ASSOCIATES, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $10,000, 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 TRIAD ASSOCIATES 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-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1075-13

Authorizing issuance of a refund in the amount of $959.31 to Giovanni Sanzone for a sewer overpayment

 

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.

 

22-0                       Sanzone, Giovanni                                Amount

2013 Sewer             405 E Morning Glory Rd                       $959.31

Sewer account was credited for a water leak in  accordance with Ordinance No. 947 resulting in an overpayment.  Refund overpayment to Giovanni Sanzone.

 

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

August 7, 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 1076-13

Authorizing cancellation of 2013 taxes and 2014 preliminary taxes due to a 100% totally disabled veteran exemption for property located at Block 159, Lot 17 owned by Ronald and Joanne Gagliardo

 

WHEREAS, the below listed parcel was previously granted a 100% Totally Disabled Veteran Exemption on 4/2/12 and;

 

WHEREAS, taxes were cancelled accordingly for 2012, and;

 

WHEREAS, the property was not given the proper exemption for 2013 therefore the 2013 & Prelim 2014 taxes should be canceled.

 

 

Block /Lot              Name                                                   Amount

159-17                    Gagliardo, Ronald & Joanne                                    

                              100% Totally Disabled Veteran Exemption

granted in 2012. 

Cancel 2013 Taxes                                $4,701.50

Cancel 2014 Preliminary Taxes             $2,350.75              

 

 

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 Tax Collector is hereby authorized to cancel said taxes as soon as practicable as per the meeting on August 7, 2013.

 

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 1077-13

Authorizing issuance of a Special Event Permit to Lynn Ingle and John Bartley for the purpose of a wedding to be held on September 21, 2013 from 12 pm to 12:30 pm on the

beach at Forget-Me-Not Road

 

WHEREAS, on July 17, 2013 , LYNN INGLE & JOHN BARTLEY , 22 Fitzwatertown Rd. C-90 , Willow Grove, PA 19090 , applied for a Special Events Permit for the purpose of  a WEDDING  to be held on September 21, 2013 ,  from 12:00 p.m. to 12:30 p.m., on the BEACH at FORGET-ME-NOT RD. ; and

                                                                                                                  

WHEREAS,  LYNN INGLE & JOHN BARTLEY, 22 Fitzwatertown Rd. C-90, Willow Grove, PA 19090 have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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  LYNN INGLE & JOHN BARTLEY , 22 Fitzwatertown Rd. C-90 , Willow Grove, PA 19090 for the purpose of  a WEDDING to be held on September 21, 2013 , from 12:00 p.m. to 12:30 p.m., on the BEACH at FORGET-ME-NOT RD.

 

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 1078-13

Authorizing issuance of a refund in the amount of $210 to Brandy Johnson for timely withdrawal of her son from the Pier Playmates second session due to an unforeseen injury

 

WHEREAS, BRANDY JOHNSON, 23 Whiting Lane, Cape May Court House, New Jersey 082101, has paid Two Hundred Ten ($210.00) Dollars to the Borough of Wildwood Crest for the enrollment of her son, Roman Johnson, in the Pier Playmates Program, second session; and

 

WHEREAS, an injury to her son’s leg has required the withdrawal of her son from the second session camp; and

 

WHEREAS, Roman Johnson did not attend the Pier Playmates Program, second session;

 

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 BRANDY JOHNSON, 23 Whiting Lane, Cape May Court House, New Jersey 08210 for the withdrawal of her son, Roman Johnson, 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 1079-13

Authorizing approval of installation of pavers at Turtle Gut Park by Brad Altman in conjunction with his Eagle Scout Project, previously authorized on May 29, 2013 by Resolution No. 1022-13

 

WHEREAS, Brad Altman has previously 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, which proposal was approved on May 29, 2013 by Resolution No. 1022-13; and

 

WHEREAS, Brad Altman has requested additional approval for the renovation to Turtle Gut Park to include the installation of pavers as shown on the plan attached hereto and made a part hereof; 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 install the pavers in accordance with the attached plan as part of the renovation at Turtle Gut Park, Block 115.01, Lot 1, in conjunction with his Eagle Scout Project, and pursuant to a proposal submitted to the Board of Commissioners on July 24, 2013. 

 

            2.         This approval is in addition to the approvals granted under Resolution 1022-13 adopted May 29, 2013, and all other conditions of said resolution remain in full force and effect.

 

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 1080-13

Authorizing refund in the amount of $1,408.06 to Wells Fargo Real Estate Service, LLC, on behalf of Anthony and Marilyn Sasso, for real estate property tax overpayment

 

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.

 

166-5                      Sasso, Anthony & Marilyn                       Amount

2013 Tax                123 E St Louis Ave                        $1,408.06

Wells Fargo paid the 2013 3rd taxes in error and has requested the payment to be refunded.  Refund overpayment to Wells Fargo Real Estate Service, LLC.

 

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 August 7, 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 1081-13

Authorizing participation in the South Jersey Power Cooperative and award of contract for electric generation

 

WHEREAS, the Borough of Wildwood Crest participates in a Cooperative Purchasing Program with the County of Cape May, including the South Jersey Power Cooperative (SJPC); and

 

WHEREAS, the County of Camden, on behalf of the SJPC, publicly advertised bids for the purpose of procuring electric energy services; and

 

WHEREAS, the County of Camden received and opened publicly advertised bids on April 18, 2013 for Electric Generation Supply Services for the SJPC; and

 

WHEREAS, bids were received from three vendors; and

 

WHEREAS, Hess Corporation (PSE&G) was the lowest responsible bidder for electric generation service at the bid rate of $0.0849 per kilowatt-hour for facilities and $0.0525 per kilowatt-hour for outdoor and street lighting, respectively; and

 

WHEREAS, there is a need to award a contract to Hess Corporation for the needs of the County of Camden and participating members of the SJPC as described above commencing June 2013 through June 2015; and

 

WHEREAS, funding for the respective contracts shall be encumbered at the rate of the above stated per kilowatt-hour amounts to the limit of the budget appropriation for this purpose in accordance with N.J.A.C. 5:30-5.5(b)(2) and shall further be contingent upon the availability and appropriation of sufficient funds for this purpose, as certified by the CFO, in the Borough’s permanent budget and the temporary and/or permanent 2014 and 2015 budgets.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that, contingent upon the funding as described herein, the proper officials of the Borough of Wildwood Crest be and are hereby authorized to execute all documents necessary to effect the agreements described herein with Hess Corporation, for Retail Electric Generation Service for the South Jersey Power Cooperative, to include all facilities and outdoor/street lighting.

 

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 1082-13

Authorizing the refund in the amount of $70.00 to Ray Kuni to supplement the previous refund resolution 1062-13 for a pool membership he is unable to utilize due to injury

 

WHEREAS, on July 10, 2013, the Borough of Wildwood Crest had authorized a refund of One Hundred ($100.00) Dollars to Ray Kuni, 431 West Tacony Road, Wildwood, New Jersey 08260 for the purchase of a CY 2013 membership to the Joseph Von Savage Memorial Pool via resolution 1062-13; and

 

WHEREAS, it has since been found that Mr. Kuni had paid the amount of One Hundred and Seventy Five ($175.00) Dollars for said membership and not the One Hundred ($100.00) Dollars as listed in the aforementioned resolution; and

 

WHEREAS, Mr. Kuni had utilized the pool on one occasion, and it is the Borough of Wildwood Crest’s desire to collect the daily general admission adult fee of Five ($5.00) Dollars from Mr. Kuni, and

 

WHEREAS, Mr. Kuni has requested a supplemental refund from the Borough of Wildwood Crest in the amount of Seventy ($70.00) Dollars.

 

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 supplemental refund of Seventy ($70.00) Dollars to Ray Kuni, 431 West Tacony Road, Wildwood, New Jersey 08260.

 

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 1083-13

Authorizing the refund in the amount of $76.79 to Michael Borkowski, Sr. for overpayment for ambulance services

 

WHEREAS, MICHAEL BORKOWSKI SR., 8605 Bayview Drive, Wildwood Crest, NJ 08260 was transported on February 15, 2013 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, MICHAEL BORKOWSKI SR.’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, MICHAEL BORKOWSKI SR. had submitted another payment in the amount of $76.79, which has now created an overpayment with the Borough of Wildwood Crest in the amount of $76.79 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 $76.79 to MICHAEL BORKOWSKI SR., 8605 Bayview Drive, 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 1084-13

Designation of Janelle M. Holzmer, Borough Clerk, as appointing authority hearing officer for the Borough of Wildwood Crest

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, 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

 

The Mayor indicated he would like to add another open question and answer period after business.  Present at the meeting was Anthony Chickadel from Hope & Healing, a non-profit that was put in place after Hurricane Sandy to help people deal with the emotional consequences of the storm; also to help link people with different sources that they might not be aware of.  He wanted to hang a poster and stated they have crisis counselors on hand and all services are free, funded through FEMA grant. 

 

The Mayor indicated first discussion issue is the Electric Energy Aggregation. This was dealt with and can be removed from new business.  The second issue is Grants/Capital Improvement Items/ Triad.  The mayor believed that is also resolved at this point.  The clerk indicated that a professional services agreement for the rest of this year only.  The clerk indicated that she has information from Stone Harbor, Avalon, and Sea Isle City and something that Mr. Cabrera had provided regarding PR firms.  The mayor indicated he would like to discuss this under logo design. 


The next issue the mayor addressed was Update of Administration Communications.  The Mayor asked the Tax Collector to look into the communications in the upstairs conference room.  Based on several meetings, the mayor is looking at expanding the communications ability in the court room as well for the commissioners.  The mayor would like to have the Tax Collector prepare a proposal for the board of commissioners to update the smaller conference room and to coordinate the downstairs as well. Mr. Cabrera asked what kind of technology and the mayor indicated perhaps a bring screen TV, something with computer connect so we can get something from the engineer it can go right up on the screen.   The mayor also indicated the same for the conference room so that if staff instruction, it can be displayed. 

 

The mayor indicated that Flood Maps was the next issue for discussion.  There was a meeting with FEMA and the state with our engineers and it was a pretty good meeting.  Our group did a fine job in presenting the issues with our community.  We will not have a final answer until the maps are released and they indicated that they will be released in the next few weeks.  In fact, the maps from Cape May County have been erased from the site and hopefully in the next few weeks we will have a better idea and the mayor indicated we may have to appeal on certain issues.  There are certain things we cannot allow to stand.  FEMA has recognized some of their issues that they have learned from the other counties and are incorporating it into Cape May County’s maps, very specifically on the west side V zone.  He went on to say the preliminary maps may be connected with getting a better rating with flood insurance.  The mayor indicated the clerk and solicitor will need to research that.  Other communities have already accepted the original maps; we did not do that.  He indicated we would probably have to accept the maps once they are out because it appears there is a little bit of a push by the end of September to have this into your folder when presenting your case for flood insurance.  The mayor then indicated that we may have to adopt a resolution or ordinance, which ever is required probably the second meeting in August. 

 

The mayor indicated an additional issue of reviewing the flood numbers for insurance has become more and more of a specialized effort.  Many communities are hiring someone to do them for them.  We may have to look into this.  The mayor believes this may have to come out of his department.  This means a lot of dollars saved to our community and we owe them this to try to get the rating down.  It seems more than likely that we will be moving in that direction as quickly as we can.  The mayor again indicated he believes this is a direction we should be going in.

 

The first issue for old business is the Borough Logo Design.  The mayor indicated that he feels we should get three or four applicants and not go the route of RFP; he would like to go Professional Services.  He feels we should get four different groups and the clerk has already done some work and he feels we should interview them perhaps two at a time in a work session environment so we can ask questions and learn from that as we interview.  The clerk indicated the deputy clerk made some phone calls and received some further information.  In addition, the mayor indicated we need to put together some of the issues we want to deal with and gather a list with questions, thoughts, comments.  The mayor indicated to Mr. Cunniff from the Recreation Department that he would like his contributions as well.  Mr. Cabrera indicated that the Logo File, which is in the Clerk’s office, still has some contacts.  The mayor indicated to all that the list of thoughts and comments should be emailed to the clerk. 

 

The second issue of old business is 2013 Capital Improvements (Public Works, Fishing Pier Building, Washington Avenue Playground, Rambler Road bike access) and the mayor indicated that we are just waiting on the layout for the park.  We still need to work on Rambler Road.  Mr. Cabrera stated that the engineer is still working on the park and Rambler Road and he needs to meet with him to meet our budgetary numbers. 

 

The third issue is the Rescue Boat and the mayor indicated we are waiting for them.  This is not our issue.  This can be removed until they contact us.

 

The fourth issue is Shared Services Committee and we have nothing active at this time and the mayor indicated it should be removed. 

 

The floor was opened for public comments, questions, and thoughts.  Mr. Anthony Chickadel from NJ Hope & Healing and he stated they hold a group at the North Wildwood Recreation Center every Tuesday evening at 6 pm to 8 pm where the community just comes together and shares their stories and helps each other out and they stay up to date on the new grants and as maps get released, they help the residents go over that with different restrictions.  Also, he added in regards to the Borough logo, there is a website called logobids.com and basically you put in your budget and you give them an idea of what you’re looking for and they compete against each other and you have hundreds of designs to choose from (depending on the amount you are willing to spend). 

 

There being no further public comments, and no further matters for discussion in open session,

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1085-13

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 __two (2)___ (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, AUGUST 7, 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 ____________________________________________________

 

___1____        “(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 DiAntonio Bayfront Encroachment

 

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 _____________________________

 

 

________        “(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 cop 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.

 

After there being no further comments, Mrs. Gould motioned, seconded by Mr. Cabrera that we leave the open session to go into our closed session authorizing a closed session discussion pursuant to the provisions of the Open Public Meetings Act for a personnel matter, specifically the long-term administrative strategic plan; and contract negations.

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

 

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MINUTES OF MEETINGS INDEX