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Minutes of Commissioners Meeting   -   August 21, 2013

Note:  Complete Meeting Appears on CD #23-13 on File in the Borough Clerk's Office. August 21, 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1174 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. 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 a public hearing be held on Ordinance No. 1174.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1174 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1174 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1086-13

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 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, 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 RALPH PETRELLA, P.E., of the firm of Van Note-Harvey Associates, 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, 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 Engineer 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. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1087-13

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard to Municipal Public Defender

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to perform services on behalf of the municipality with regard to Public Defender duties; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of Municipal Public Defender; 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 Andrew J. Cafiero, Esquire of the firm of Cafiero & Balliette, P.A. 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, Andrew J. Cafiero, Esquire, of the firm of Cafiero & Balliette, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that Andrew J. Cafiero, Esquire, of the firm of Cafiero & Balliette, P.A. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing August 21, 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. Andrew J. Cafiero, Esquire, of the firm of Cafiero & Balliette, P.A. is hereby retained as Municipal Public Defender to provide specialized professional services in the field of municipal public defender. 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 Andrew J. Cafiero, Esquire, of the firm of Cafiero & Balliette, P.A. for specialized professional services as Municipal Public Defender for a term commencing August 21, 2013 and terminating December 31, 2013, which contract shall provide for fees not to exceed $12,500.00 annually, contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

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 filed 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.

 

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 1088-13

 

WHEREAS, the Commissioner of Public Safety desires to appoint one (1) additional Class II Police Officer for the Borough of Wildwood Crest as a supplement to the officers previously hired; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Anthony Canale as Class II Police Officer for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Anthony Canale as Class II Police Officer.

 

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

2.      The appointment of Anthony Canale as Class II Police Officer effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

3.      That said unclassified appointment shall be “at-will,” at the pleasure of the Commissioner of Public Safety, and shall remain in full force and effect until further notice.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1089-13

Subject:  Authorizing participation in the Cranford Police Cooperative Pricing System

 

 

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System (hereafter “Cooperative”) for the lawful administration of public purchasing; and

 

WHEREAS, the Cranford Police Department, on behalf of the “Cooperative” as “Lead Agency”, is charged with the responsibility of publicly advertising and receiving bids for the purpose of purchasing equipment, goods, and services; and

 

WHEREAS, the Borough of Wildwood Crest desires to participate in the duly established “Cooperative” and to hereby authorize the Cranford Police Cooperative Pricing System (ID# 47-CPCPS) to serve as the “Lead Agency” in this regard.

 

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.      That the Allegations of the Preamble hereto are reiterated herein as if fully set forth.

2.      That the Borough of Wildwood Crest does herewith agree to participate in the Cranford Police Cooperative Pricing System (ID# 47-CPCPS) pursuant to the provisions of N.J.S.A 40A:11-11(5) and that the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute and attest the Cooperative Pricing Agreement with the “Lead Agency” and any other documents in conjunction herewith.

3.      That the award of contract is subject to the “Lead Agency” being responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other revised statutes of the State of New Jersey.

 

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 1090-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and she is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Cape May County Herald issue of September 11, 2013.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, September 24, 2013 at 11:00 a.m., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

STREET EXCAVATIONS TRENCH RESTORATION

AS REQUIRED IN THE BOROUGH OF WILDWOOD CREST

 

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 1091-13

 

WHEREAS, the CREST MEMORIAL PARENT TEACHER CONNECTION made application on November 9, 2012 for a Raffles License under Application No. RA-100; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to issue a Certificate of Approval under Application No. RA-100 to CREST MEMORIAL PARENT TEACHER CONNECTION for holding of said Raffle;

 

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

 

         1.  That the Board issue to the CREST MEMORIAL PARENT TEACHER CONNECTION a Certificate of Findings and Determination to be signed by the proper officer of said Board of Commissioners under Application No. RA-100 made by said CREST MEMORIAL PARENT TEACHER CONNECTION; and

 

         2. That the Municipal Clerk of the Borough of Wildwood Crest be, and she is hereby authorized, empowered and directed to cause the proper Raffle License to be issued to the CREST MEMORIAL PARENT TEACHER CONNECTION in accordance with the application made therefor.

 

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 1092-13

WHEREAS, on April 18, 2013 , WILLIAM & KATHLEEN OSBORNE , 3 Mars. Rd. , Newark, DE 19711 , paid the 2013 mercantile license fee, including the TDF fee of  $300, for the seasonal rental of a two bedroom condominium unit at the Lavender Lodge Condominiums, 135 E. Lavender Rd., Unit C0004 ; and

                                                                                                                                               

WHEREAS, on August 9, 2013,  WILLIAM & KATHLEEN OSBORNE, 3 Mars. Rd.,  Newark, DE 19711submitted a year around lease with a term commencing June 9, 2013 and a letter requesting a refund of the $300 TDF fee; 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 $300.00 to be made to  WILLIAM & KATHLEEN OSBORNE , 3 Mars. Rd., Newark, DE 19711 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 1093-13

 

WHEREAS, the below named vendors paid to the Borough of Wildwood Crest the indicated amounts for participation in the ten weeks of the 2013 Wildwood Crest Farmers’ Market; and

 

WHEREAS, due to unforeseen circumstances, the Borough of Wildwood Crest cancel the final five weeks of the 2013 Wildwood Crest Farmers’ Market; and

 

WHEREAS, it is the desire of the Board of Commissioners to refund to the below referenced vendors the amounts indicated:

 

               Name and Address                                                                                       Amount

 

Martha and Drew Gandley                                                                                        $200.00

110 North Broadway

P.O. Box 2373

Cape May, NJ 08204

 

City Shore Gourmet                                                                                                    $200.00

c/o Jackie Dougherty

719 3rd Street

Ocean City, NJ 08226

 

Carol Murray                                                                                                               $200.00

71 Honeysuckle Lane

Cape May Court House, NJ 08210

 

Chris Devaney                                                                                                             $200.00

1246 Asbury Avenue

Ocean City, NJ 08226

 

Visalli Farms                                                                                                                $200.00

c/o Kellie Visalli

759 Elk Road

Monroeville, NJ 08343

 

Gary G. Schempp                                                                                                        $125.00

80 South Route 47

Cape May Court House, NJ 08210

 

Alma George                                                                                                                $125.00

80 South Route 47

Cape May Court House, NJ 08210

 

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 he is hereby authorized and directed to issue refunds in the amounts indicated to the foregoing vendors.

 

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 1094-13

WHEREAS, KAREN VAN ORDEN, 108 Old Mill Drive, North Cape May, New Jersey 08204, has paid One Hundred Sixty Five ($165.00) Dollars to the Borough of Wildwood Crest for the enrollment of her son, John Karavanas, in the Pier Playmates Program, second session; and

 

WHEREAS, due to unforeseen circumstances, Karen Van Orden was required to withdraw her son from the second session camp; and

 

WHEREAS, John Karavanas 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 One Hundred Sixty Five ($165.00) Dollars to KAREN VAN ORDEN, 108 Old Mill Drive, North Cape May, New Jersey 08204 for the withdrawal of her son, John Karavanas, 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 1095-13

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

               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.

 

 

98.02-22-C0101 O’Connor, Joseph & Burke, Hugh                Amount

2013 Tax                            408 E Farragut Rd                                                          $260.81

                                             Homeowner & Mortgage Company

                       both paid 2013 3rd quarter taxes.

                                             Refund overpayment to Hugh Burke.

 

               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 21, 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 1096-13

WHEREAS, on August 12, 2013 , TASHA WILLIAMS , 4415 Fayette St. , Shippensburg, PA 17257 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 23, 2013 ,  from 7:00 p.m. to 8:00 p.m., at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  TASHA WILLIAMS, 4415 Fayette St., Shippensburg, PA 17257, 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 she is hereby authorized and directed to issue a Special Events Permit to  TASHA WILLIAMS , 4415 Fayette St., Shippensburg, PA 17257, for the purpose of a WEDDING to be held on August 23, 2013 , from 7:00 p.m. to 8:00 p.m., at the Sunset Lake 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 1097-13

WHEREAS, on August 12, 2013 , ROBERT PIERGIOVANNI , 5 Pakahake St. , North Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 5, 2013 ,  from 10:30 a.m. to 12:00 p.m., at the SUNRISE PARK GAZEBO on Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  ROBERT PIERGIOVANNI, 5 Pakahake St., North Cape May, NJ 08204 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 she is hereby authorized and directed to issue a Special Events Permit to  ROBERT PIERGIOVANNI , 5 Pakahake St., North Cape May, NJ 08204 for the purpose of a WEDDING to be held on October 5, 2013, from 10:30 a.m. to 12:00 p.m., at the SUNRISE PARK GAZEBO on Rambler 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 1098-13

WHEREAS, on August 9, 2013 , TIFFANY SCHNEIDER , 619 E. Miller St. , Philadelphia, PA 19125 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on September 21, 2013 ,  from 2:00 p.m. to 3:00 p.m., on the BEACH at PRIMROSE RD. ; and

                                                                                                                                               

WHEREAS,  TIFFANY SCHNEIDER, 619 E. Miller St., Philadelphia, PA 19125 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 she is hereby authorized and directed to issue a Special Events Permit to  TIFFANY SCHNEIDER , 619 E. Miller St., Philadelphia, PA 19125 for the purpose of a WEDDING to be held on September 21, 2013, from 2:00 p.m. to 3:00 p.m., on the BEACH at PRIMROSE RD.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, the CFO, the Tax Collector, the Chief of Police and the Recreation Supervisor for the month ending July 31, 2013 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the Commission Meetings Minutes held July 24 and August 7, as well as the Special Meeting held July 31, 2013 and the Closed Session Minutes of August 7, 2013 be approved as presented.

Vote:          Gould-Cabrera-Groon-   Yes

 

The Mayor indicated that there would be an open period for questions/answers, thoughts and comments.  Ralph Petrella thanked the Board of Commissioners for authorizing the Professional Services Agreement Award as Borough Engineer.

 

There was discussion regarding new business topics.  The first was update of Administration Communications.  The Tax Collector has yet to receive the proposal.  

 

The next topic was Lower Township Bike Path Connector (Wildlife Refuge).  It was reported that our Freeholder has been working on connecting the bike path on Seaview Avenue to the Wildlife Reserve and Coast Guard Base.  It was believed that the County is considering using their own Open Space for their own project.  The Borough may have to write a letter in support of said project to make an entrance on Seaview Avenue because there is a height difference between the Park and Seaview Avenue. 

 

The next topic was the “branding of Wildwood Crest” and it was felt that this topic should be dealt with in a few weeks to allow time for more research.

 

The next topic was naming/dedicating Borough parks and facilities and the Clerk has sent out a list and asked that it be reviewed and discussed.

 

Next topic was the Request for “Redemption” games of chance.  Mr. Cabrera indicated he received a request and the Clerk indicated that in the Borough’s Bingo/Raffles Ordinance that it does not permit those types of games and they are controlled by the State.  The Clerk indicated that annually the businesses would have to come to the board for a games of chance license (similar to raffle) and it would be the Borough’s responsibility to enforce any regulations, which are numerous. That would fall to either the police department or code enforcement and they would have to go to all the businesses and see who had licenses from the state and who do not and who had applied to the Borough, etc.

 

Lastly, the Hydrofest dates for 2014 were discussed.  Ann Fitzgerald and John Fitzgerald, representatives of the Hydrofest were present, and they advised the board previously that the 2014 date would need to be September 13-14. There are a lot of concerns they have regarding Borough services in addition to EMS services and they would like to know if those dates are plausible.  The mayor indicated to both that he assumed this was also brought to the attention of GWITDA and to the TDC as well.  The mayor then asked for a timeline for a response and was told that by the middle of September or end of September and the mayor agreed.  The mayor indicated that they would address the issues and come back with a response. 

 

With regards to the Borough Logo Design, the mayor indicated to the Clerk that this should be incorporated into the Branding.

 

Lastly, the topic of the 2013 Capital Improvements (Public Works, Fishing Pier Building, Washington Avenue Playground, Rambler Road bike access) and it was determined this would be held off until the next meeting. 

 

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 1099-13

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 ____________________________________________________

 

___­_____            “(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 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

 

Dated: September 18, 2013

Janelle M. Holzmer, Borough Clerk

   

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MINUTES OF MEETINGS INDEX