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Minutes of Commissioners Meeting   -   October 2, 2013

Note:  Complete Meeting Appears on CD #28-13 on File in the Borough Clerk's Office. October 2, 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 – Yes       Groon – Absent

 

Mrs. Gould read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 28, 2012.

 

Mrs. Gould next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1175 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-  Yes      Groon-Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1175

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, TO AUGMENT ARTICLE IV, MUNICIPAL ADMINISTRATOR, AND AMENDING ORDINANCE NO. 990 ADOPTED ON DECEMBER 21, 2005

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1175.

Vote:          Gould-Cabrera-Yes    Groon-Absent

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1175 be closed.

Vote:          Gould-Cabrera- Yes     Groon-Absent

 

Mr. Groon entered  at 9:36 am

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1175 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. 1176 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. 1176

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY

ORDINANCE,” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN

THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR

THE TIME AND METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1176.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1176 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1176 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. 1177

AN ORDINANCE REPEALING CHAPTER 36, FLOOD HAZARD AREAS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY AND REPLACING IT WITH NEW CHAPTER 36, FLOOD HAZARD AREAS OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND REPEALING ORDINANCE NO. 433 ADOPTED JANUARY 26, 1972, ORDINANCE NO. 514 ADOPTED MARCH 28, 1978, ORDINANCE NO. 578 ADOPTED OCTOBER 5, 1982, ORDINANCE NO. 645 ADOPTED MARCH 2, 1987, ORDINANCE NO. 653 ADOPTED JUNE 1, 1987, AND ORDINANCE NO. 759 ADOPTED JULY 8, 1992

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1177 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Thursday, October  24, 2013, at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1113-13

Authorizing Acceptance of the CY2013 Best Practices Inventory and Authorizing the Appropriate Borough Officials to Execute Same

 

WHEREAS, the State of New Jersey requires municipalities to, on an annual basis, to complete a Best Practices Inventory to encourage municipalities to implement practices to promote financial accountability and transparency; and

 

WHEREAS, the Borough of Wildwood Crest has completed the CY2013 Best Practices Inventory, and it is the desire of the governing body to accept the CY2013 Best Practices Inventory 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 CY2013 Best Practices Inventory be and the same is hereby accepted as presented; and

 

BE IT FURTHER RESOLVED that the appropriate Borough Officials are hereby authorized and instructed to execute said CY2013 Best Practices Inventory on behalf of the Borough of Wildwood Crest, and to file it with the State of New Jersey, Division of Local Government 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 1114-13

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS published in The Herald of Cape May County issue of August 28, 2013 for the following items:

 

2013-2015 TRENCH RESTORATION THROUGHOUT THE

BOROUGH OF WILDWOOD CREST AS REQUIRED; and

 

WHEREAS, the Borough Engineer has reviewed the bids submitted, from a technical standpoint and provided an opinion recommending that a contract be awarded to the “lowest responsible bidder;” and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that a contract be awarded to the “lowest responsible bidder,” and specifically based upon itemized calculations and amounts for work/materials/equipment, on an individual, per order basis, subject to the “not to exceed” total bid amount as follows:

 

               To GWP ENTERPRISES, INC. FOR THE TOTAL BID AMOUNT OF $20,832.00;  all of which is further in accordance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid documents appertaining to this award;

 

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

 

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

 

               2.  That a contract be awarded to the above “lowest responsible bidder,” GWP ENTERPRISES, INC. for the above specified item and corresponding (itemized) bid amounts, also set forth in the attached contract, which is made a part hereof by reference as if fully set forth.

 

               3.  That the Commissioner of Revenue and Finance and the Borough Clerk be and they are hereby authorized and directed to execute said contract on behalf of the Borough, provided necessary funds are available as evidenced by the certification of availability of funds below from the Chief Financial Officer, and that adequate funding is ultimately committed by the governing body in the affected contract years.

 

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 1115-13

WHEREAS, the Borough of Wildwood Crest is a member of the Atlantic County Municipal Joint Insurance Fund (ACMJIF); and

 

WHEREAS, said ACMJIF requires each participating municipality to appoint a Fund Commissioner, as well as an Alternate Fund Commissioner, to attend all executive meetings of the ACMJIF; and

 

WHEREAS, the current Alternate Fund Commissioner, Neil Young, will be leaving the employ of the Borough of Wildwood Crest effective October 1, 2013; and

 

WHEREAS, it is the desire of the governing body to appoint a replacement Alternate Fund Commissioner for 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, State of New Jersey, that Terence Graff, Tax Collector of the Borough of Wildwood Crest, be and he is hereby appointed as Alternate Fund Commissioner of the Atlantic County Municipal Joint Insurance Fund on behalf of 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 1116-13

 

WHEREAS, on April 22, 2013 , IVRA CESARIO -PEARCE, 1910 Burlington Ave. , Delanco, NJ 08075 , paid the 2013 mercantile license fee of Three Hundred Thirty ($ 330.00 ) Dollars for the rental of one seasonal and one year around unit at 122 W. Hollywood Ave. , inclusive of a One Hundred Fifty ($150.00) Dollar Greater Wildwood Tourism Improvement and Development Authority fee, for the intended seasonal rental; and

                                                                                                                                               

WHEREAS, on May 30, 2013,  IVRA CESARIO-PEARCE, 1910 Burlington Ave. rented the seasonal unit to a year around tenant through the Hoffman Agency; and

 

WHEREAS, on September 17, 2013, IVRA CESARIO-PEARCE, submitted a copy of the year around lease along with a request for a refund of the One Hundred Fifty ($150) Dollar Greater Wildwood Tourism Improvement and Development Authority 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 One Hundred Fifty ($ 150.00 ) Dollars to be made to  IVRA CESARIO -PEARCE, 1910 Burlington Ave., Delanco, NJ 08075 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 1117-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that TRICK OR TREAT be and the same shall be observed in the Borough of Wildwood Crest on THURSDAY, OCTOBER 31, 2013 BETWEEN THE HOURS OF 5:00 P.M. AND 7:00 P.M.

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 floor was opened for public comments.  Steve Spagnuola, 8404 Seaview Avenue, presented a petition for a dog park in Wildwood Crest with year round residents and business owners.  Mr. Cabrera inquired if a specific location was indicated and Mr. Spagnuola indicated he had a few in mind to consider.  Mr. Groon indicated that the best course of action is to plan a meeting to discuss further.  Mr. Spagnuola also indicated several people who also signed the petition.   

 

Fred Mettler, 109 E. Stanton Road, indicated that he believes Sunset Lake needs to be dredged because it is filling-in and becoming a hazard for recreational boaters.  Mr. Groon indicated that most of the lake sits in Lower Township and that at low tide, there was never great passage north of the entryway into the lake area off the coastal.  Mr. Groon indicated that we need to get information first and find out who is responsible for it.

 

The mayor asked that all public members present for the dog park issue to please leave their name and contact information so they too may be included in the meeting. 

 

The mayor indicated that with regard to new business and the Update of the Administrative Communications that they have prices in and all are on board with proceeding.  The second order of new business is parking meters and was decided to make a final decision at the next meeting and ordinances would be involved as well.    The mayor indicated that perhaps the time frame should not extend until 10:00 pm.  Mrs. Gould inquired about the use of credit cards and Captain Mayer indicated they were investigating this.  The next order of business was the suggestion of a “dropbox.”  The clerk indicated that this was mentioned at the most recent staff meeting and she has done research and there are many options that are freestanding.  The clerk indicated that the proposed location was right out front in the concrete by parking lot and that there are three security cameras in place.  Commissioner Cabrera indicated that he did not have a problem with it.  The mayor indicated that once we receive deliveries through that, we accept responsibility for whatever is in there.  He also pointed out the convenience option for taxpayers and that perhaps accepting credit cards should be considered and investigated as well.  The mayor would like to move forward on this issue at the next meeting.     

 

With regards to old business, the Naming of Borough parks and facilities, if they choose to do so, needs to be done via resolution.  The mayor contended that the Borough should identify the parks that we have with the names and pass a resolution that is good for the one year.  This should be targeted for December to go into effect the first week in January and that it should be moved on at the next meeting.  The “branding” concept of Wildwood Crest will be revisited in January.  Lastly, the 2013 Capital Improvements for the bike path were discussed after examining the estimates from the engineer.  After further review, all the streets ends would need to be redone on the east side.  The mayor also specified that the Borough needs to include prices for concrete for the entire length; a price for supplying Public Works with materials, as well as Bike racks and seating.  The engineer indicated that this Phase I of the project is estimated at $350,000.00.  Phase II would therefore consist of Foot Showers and the Bike Bollards.  The mayor pointed out that Phase I needs to be moved on before the permit expires.  The next item on old business was the Washington Avenue park and it will be discussed at the next meeting.  Lastly, the Borough has received a letter from GWTIDA and they would like to set up a meeting in October.  

 

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. 1118-13

 

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b) for personnel matters and contract negotiations, specifically, long-term administrative strategic plan and GWITDA TDF event funding contract

 

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) 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, October 2, 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 ____________________________________________________________

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.

 

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,

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1119-13

WHEREAS, Neil Young, Chief Financial Officer of the Borough of Wildwood Crest, has submitted his resignation effective October 1, 2013; and

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:9-140.10, there is a requirement to fill the vacancy of the position of Chief Financial Officer; and

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:9-140.13, the governing body or Chief Executive Officer, as appropriate, is empowered to appoint a Temporary Chief Financial Officer for a period of not to exceed one (1) year; and

 

WHEREAS, Commissioner Joyce P. Gould, Director of the Department of Revenue and Finance, has offered into nomination the name of Alicia Belansen to serve as Temporary Chief Financial Officer for a period of one (1) year, commencing effective October 7, 2013 and expiring October 6, 2014; 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 Alicia Belansen as Temporary Chief Financial Officer for the temporary period above stated.

 

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

 

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

               2.            The appointment of Alicia Belansen as “Temporary Chief Financial Officer,” effective October 7, 2013, by Commissioner Joyce P. Gould, 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, subject to receipt of the fully executed “terms of employment” letter.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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: October 24, 2013

Janelle M. Holzmer, Borough Clerk  

MINUTES OF MEETINGS INDEX