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Minutes of Commissioners Meeting   -   October 24, 2013

Note:  Complete Meeting Appears on CD #29-13 on File in the Borough Clerk's Office. October 24, 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 -   Yes     Cabrera – Absent     Groon – Yes

 

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

 

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

 

Mr. Cabrera entered the commission meeting at 7:03 p.m.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1177 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. 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 ORDINANCES NO. 433 ADOPTED JANUARY 26, 1972, NO. 514 ADOPTED MARCH 28, 1978, NO. 578 ADOPTED OCTOBER 5, 1982, NO. 645 ADOPTED MARCH 2, 1987, NO. 653 ADOPTED JUNE 1, 1987, AND NO. 759 ADOPTED JULY 8, 1992

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1177.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1177 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK ANNOUNCED THAT ORDINANCE NO. 1177 WILL NOT BE FINALLY ADOPTED AT THIS TIME DUE TO A SUBSTANTIAL AMENDMENT HAVING BEEN MADE TO THE ORDINANCE AS ORIGINALLY INTRODUCED ON OCTOBER 2, 2013, AND THE ORDINANCE SHALL BE REPUBLISHED AND FINALLY ADOPTED AFTER PUBLIC HEARING AT THE BOARD OF COMMISSIONERS MEETING OF MONDAY, NOVEMBER 25, 2013 AT 7:00 P.M.

 

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1178

 

AN ORDINANCE AUGMENTING AND AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, CHAPTER 85, ARTICLE IV, R-1, LOW DENSITY RESIDENTIAL ZONE, SECTION 85-28, AREA AND BULK REGULATIONS (I AND J); ARTICLE IV, R-1-A, SEMI-LOW DENSITY RESIDENTIAL ZONE, SECTION 85-32, AREA AND BULK REGULATIONS (A, I AND J); ARTICLE VII, R-2, TWO-FAMILY RESIDENTIAL ZONE, SECTION 85-40, AREA AND BULK REGULATIONS (A, G AND H); ARTICLE XIII, W-2, SUNSET LAKE RECREATION ZONE, SECTION 85-74, VEHICULAR ACCESS TO PRIVATE PROPERTY (NEW D.7)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1178 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 6, 2013 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-   Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1120-13

A RESOLUTION ADOPTING THE CASH MANAGEMENT

PLAN OF THE BOROUGH OF WILDWOOD CREST

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:5-14, the Borough of Wildwood Crest shall adopt a Cash Management Plan and shall deposit its funds in accordance with the provisions of said Plan; and

 

WHEREAS, the Cash Management Plan shall include the designation of a depository or depositories as provided in Section 4 of P.L. 1970, c.236; and

 

WHEREAS, the Cash Management Plan shall be designed to assure to the extent practicable the investment of local funds in interest bearing accounts and may be modified from time to time in order to reflect changes in federal or state law or regulations; and

 

WHEREAS, the Cash Management Plan shall be subject to the annual audit conducted pursuant to N.J.S.A. 40A:5-4.

 

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

 

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

2.     The Cash Management Plan for the Borough of Wildwood Crest be and is hereby adopted.

3.     A copy of the Cash Management Plan be and is attached hereto and made a part hereof.

 

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1121-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that Alicia A. Belansen, Chief Financial Officer, be the custodian of the following accounts:

 

CREST SAVINGS BANK

 

Account Number                                                                           Account Name

 

54-902507-3                                                                   Borough of Wildwood Crest Lien Redemption Account

54-901556-1                                                                   Borough of Wildwood Crest Current Account

54-901557-9                                                                   Borough of Wildwood Crest Disbursement Account

54-901560-3                                                                   Borough of Wildwood Crest Trust Escrow Account

54-901559-5                                                                   Borough of Wildwood Crest Recreation Trust Account

54-901561-1                                                                   Borough of Wildwood Crest Police Forfeiture Account

54-901564-5                                                                   Borough of Wildwood Crest Animal Control Account

53-181178-5                                                                   Borough of Wildwood Crest Unemployment Trust Account

54-100167-6                                                                   Borough of Wildwood Crest General Capital Fund

54-901558-7                                                                   Borough of Wildwood Crest Payroll Account

54-904337-3                                                                   Borough of Wildwood Crest Flexible Spending Account

 

SOVEREIGN BANK

 

9551000005                                                                    Wildwood Crest Investment Account

 

BE IT FURTHER RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the municipal officials listed hereinbelow be and are hereby designated as signatories on the above listed accounts (excluding Payroll and Lien Redemption Accounts) when necessary or required as follows:

 

              

Alicia A. Belansen                                          
or           Darleen Devlin

 

and

 

Carl H. Groon                   
or Joyce P. Gould                                            
or Don Cabrera

 

and

 

Janelle M. Holzmer                                         
or           Patricia A. Feketics

 

BE IT FURTHER RESOLVED that Alicia A. Belansen or Darleen Devlin be and are hereby designated as the authorized signatories on the Borough of Wildwood Crest Payroll Account (No. 54-901558-7).

 

BE IT FURTHER RESOLVED that Terence Graff be and is hereby designated as the authorized signatory of the Borough of Wildwood Crest Lien Redemption Account (No. 54-902507-3).

 

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 1122-13

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS published in The Herald issue of September 25, 2013 for the following items:

 

DEMOLITION OF THE FORMER CLUBHOUSE STRUCTURE ON THE HEATHER ROAD BEACH PIER; 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 GARDEN STATE GENERAL CONSTRUCTION, INC. FOR THE TOTAL BID AMOUNT OF $49,150

 

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; and

 

WHEREAS, Ralph Petrella, Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to GARDEN STATE GENERAL CONSTRUCTION, INC., P.O. Box 782, Rio Grande, NJ 08242 for the total bid amount of $49,150;

 

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,” GARDEN STATE GENERAL CONSTRUCTION, 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 1123-13

Authorizing Exercise of Option for One-Year Renewal of Contract With Trinity Code Inspection, LLC

 

WHEREAS, on December 27, 2012, pursuant to City of North Wildwood Resolution No. 199-12, adopted December 18, 2012, the City of North Wildwood, as lead municipality for North Wildwood and the Borough of Wildwood Crest, under a Shared Services Agreement, entered into a contract with Trinity Code Inspection, LLC, under the terms of which Trinity Code Inspection, LLC would serve as a plan review agency and sub-code officials under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., for the City of Wildwood and the Borough of Wildwood Crest; and

 

WHEREAS, on December 27, 2012, pursuant to Borough of Wildwood Crest Resolution No. 929-12, the Borough of Wildwood Crest ratified, affirmed and authorized the aforesaid contract with Trinity Code Inspection, LLC; and

 

WHEREAS, the contract with Trinity Code Inspection, LLC, as aforesaid is scheduled to expire on December 31, 2013; and

 

WHEREAS, pursuant to its terms and conditions, the contract may be extended for one-year; and

 

WHEREAS, on October 1, 2013, the City of North Wildwood, pursuant to Resolution No. 200-13, authorized the extension of said contract with Trinity Code Inspection, LLC, for a period of one year, through December 31, 2014;

 

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.            All of the statements of the preamble are incorporated herein by this reference as though the same were set forth at length.

 

               2.            The Borough of Wildwood Crest does hereby affirm and authorize the aforesaid extension of contract with Trinity Code Inspection, LLC, to provide on-site inspection and plan review for the building, electric, plumbing and fire subcodes, through December 31, 2014.

 

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 1124-13

WHEREAS, Susan Stocker, 127 W. Sherwood Drive, Oxford, PA 19360 was transported on June 25, 2013 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, Susan Stocker was billed for said service and submitted payment in the amount of $295.16 to the Borough of Wildwood Crest; and

 

WHEREAS, Susan Stocker’s insurance provider also made payment in the amount of $295.16 to the Borough of Wildwood Crest 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 $295.16 to Susan Stocker, 127 W. Sherwood Drive, Oxford, PA 19360 for said duplicate payment.

 

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 1125-13

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND FINAL PAYMENT.

                              2011-2013 TRENCH RESTORATION CONTRACT

 

WHEREAS, Landberg Construction, LLC of Mays Landing, New Jersey has satisfactorily completed the contract for the project known as 2011-2013 Trench Restoration Contract; and

 

WHEREAS, during the course of completing the project, certain reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $3,091.40; and

 

WHEREAS, the Contractor has now submitted the final Payment Request on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 1 – FINAL, decreasing the total contract amount to $12,652.60 and Final Payment be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Landberg Construction, LLC be made thereon.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1126-13

 

SUBJECT: A RESOLUTION TO PROVIDE FOR THE DESIGNATED MEETING DATES OF THE  BOARD OF COMMISSIONERS FOR CALENDAR YEAR 2014.

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the designated Borough Meetings for calendar year 2014 be and the same are hereinafter provided in accordance with the annual meeting notice requirements subject to any adjustments to be determined from time to time by resolution of the Board as follows:

 

                DATE                                                               TIME                     PLACE

JANUARY            3, 2014 (Reorganization)                           9:30 A.M.            BOROUGH HALL

                              22, 2014                                                            7:00 P.M.            BOROUGH HALL

 

FEBRUARY          5, 2014                                            9:30 A.M.            BOROUGH HALL

                              26, 2014                                                            7:00 P.M.            BOROUGH HALL

 

MARCH              12, 2014                                                            9:30 A.M.            BOROUGH HALL

                              26, 2014                                                            7:00 P.M.            BOROUGH HALL

 

APRIL                   9, 2014                                                            9:30 A.M.            BOROUGH HALL

                              30, 2014                                                            7:00 P.M.            BOROUGH HALL

 

MAY                    14, 2014                                                            9:30 A.M.            BOROUGH HALL

                              28, 2014                                                            7:00 P.M.            BOROUGH HALL

                    

JUNE                   11, 2014                                                            9:30 A.M.            BOROUGH HALL

                              25, 2014                                                            7:00 P.M.            BOROUGH HALL

                    

JULY                     9, 2014                                                            9:30 A.M.            BOROUGH HALL

                              23, 2014                                                            7:00 P.M.            BOROUGH HALL

 

AUGUST               6, 2014                                                            9:30 A.M.            BOROUGH HALL

                              20, 2014                                                            7:00 P.M.            BOROUGH HALL

 

SEPTEMBER       3, 2014                                                            9:30 A.M.            BOROUGH HALL

                              17, 2014                                                            7:00 P.M.            BOROUGH HALL

 

OCTOBER           8, 2014                                                            9:30 A.M.            BOROUGH HALL

                              22, 2014                                                            7:00 P.M.            BOROUGH HALL

 

NOVEMBER        5, 2014                                                            9:30 A.M.            BOROUGH HALL

                              24, 2014                                                            7:00 P.M.            BOROUGH HALL

 

DECEMBER      10, 2014                                                            9:30 A.M.            BOROUGH HALL

                              29, 2014                                                            7:00 P.M.            BOROUGH HALL

 

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 1127-13

Amended Resolution Authorizing the Application for and the Execution of

a Subcontract with the County of Cape May for the Municipal Alliance Program

 

WHEREAS, pursuant to P.L. 1989, Ch. 51, the Municipal Alliance Program has been made available to each county in order to increase drug and alcohol prevention services; and

 

WHEREAS, the Borough of Wildwood Crest has agreed to join the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM to organize and coordinate efforts involving schools, law enforcement, business, local organizations and the community for the purpose of reducing alcoholism and drug abuse; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM consisting of the City of North Wildwood, City of Wildwood, Borough of West Wildwood and Borough of Wildwood Crest will continue to work toward the development and implementation of community based alcoholism and drug abuse education, awareness, alternative and prevention programs; and

 

WHEREAS, the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM will submit an application to conduct prevention activities during the subcontract period.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that the Borough of Wildwood Crest hereby authorizes and designates the City of North Wildwood, as Lead Municipality for the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM, to submit an application for the 2014 DEDR Grant Funds, and, if approved, to execute on behalf of the City of North Wildwood, City of Wildwood, Borough of West Wildwood, and Borough of Wildwood Crest, a contract between the County of Cape May and the GREATER WILDWOOD MUNICIPAL ALLIANCE CONSORTIUM; the Contract (Subcontract) period to be from July 11, 2014 to June 30, 2015.

 

BE IT FURTHER RESOLVED that the Chief Financial Officer of the City of North Wildwood is hereby authorized and directed to execute the section of the Subcontract entitled “Statement of Assurances.”

 

BE IT FURTHER RESOLVED that the total amount of the Contract shall be $41,576; consisting of a county allocation of $20,788; a local in-kind match of $15,591; and a total local cash match of $5,197 with the Borough of Wildwood Crest portion being $1,524.

 

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 1128-13

WHEREAS, Joseph Costa, 215 E. Monterey Avenue, Wildwood Crest, New Jersey, wishes to donate a GE Gas Dryer, Model No. DB SR453, Serial No. GDE728963A, to the Wildwood Crest Ambulance Corps; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to accept and acknowledge said donation;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the donation of a GE Gas Dryer, Model No. DB SR453, Serial No. GDE728963A, to the Wildwood Crest Ambulance Corps by Joseph Costa, 215 E. Monterey Avenue, Wildwood Crest, New Jersey, is hereby accepted and acknowledged.

 

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 1129-13

WHEREAS, GLENN PEDRO, 6 Fifth Avenue, Avenel, New Jersey 07001, paid Two Hundred ($200.00) Dollars to the Borough of Wildwood Crest for a marriage ceremony to be performed by Deputy Mayor Joyce P. Gould on October 19, 2013; and

 

WHEREAS, due to a clerical error by the issuing municipality, the marriage license was invalid and the ceremony could not be performed; and

 

WHEREAS, GLENN PEDRO has requested a refund in the amount of Two Hundred ($200.00) 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 refund in the amount of Two Hundred ($200.00) Dollars to GLENN PEDRO, 6 Fifth Avenue, Avenel, New Jersey 07001 for the reason indicated above.

 

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, CFO, Tax Collector, Chief of Police and Recreation Supervisor, for the month ending in September 30, 2013 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, designating the calendar year 2014 Borough Holidays and confirming the meeting dates of all boards and commissions.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, approval of minutes of commission meetings held September 18 and October 2, 2013 as well as the closed session minutes of September 18 and October 2, 2013.

Vote:          Gould-Cabrera-Groon-Yes

 

The floor was opened for public comments to which there were none.

 

With regards to new business, the first issue was Drop Box & Credit Cards.  The clerk confirmed that she would discuss with the CFO the issue of using a credit card for a fee and not based on the amount.  The Superintendent confirmed that the drop box would be anchored to the concrete.  This should be finalized by the next meeting.

 

The next order of business was the Christmas Parade and the clerk confirmed receiving a letter from the Greater Wildwood Jaycees requesting permission to hold their annual Christmas parade in the Borough of Wildwood Crest on Friday, December 13, 2013 at 6:30 and wraps around Heather Avenue east to Ocean Avenue and ending at the Wildwoods Convention Center.  All commissioners were in agreement to have this take place with the confirmation of a written letter by the Clerk.

 

The next issue is the paramedic issue.  On October 30th, there is a meeting scheduled with North Wildwood, Wildwood and the paramedic people.  The mayor indicated that he has been trying to get more coverage with paramedics for our community through Atlanticare.  He indicated that currently Atlanticare does not want a permanent presence on the island.  Information will be forthcoming from the meeting on October 30, 2013.

 

Flood maps were next for discussion and the ordinance regarding this and the CRS (community rating system) was introduced earlier.  Currently, Wildwood Crest is an “8” and efforts to improve that are being sought and adjustments in construction have taken place.  The mayor indicated that the maps the state handed out (which the Governor has we will follow these); the Federal Government is requiring us to be eligible for further discount to use the map which is most restrictive.  The mayor pointed out that the most restrictive map currently is our old map and not the new map and that we are following the new map because that is what the state approved.  He also indicated this will be in effect until this ordinance is passed and then the amount requested for freeboard underneath the floor and it will go to two feet.  Essentially over the next 18 months, we will have over 3 height requirements in this community.  The mayor indicated that we need to meet or exceed the standards of FEMA so we get more points toward lowering our rate for flood insurance.

 

Capital Improvements were the next topic for discussion.  Mr. Cabrera informed the commissioners that he presented a draft plan to the neighbors of the public works garage and there were minimal changes that were needed and trees and the total project cost was $993,000.00 for Phase I.    The mayor informed the commissioners that $950,000.00 was bonded with the ordinance.  This will need to be refined and revisited later at the next commissioner meeting.  Another component for Capital Improvements is the Bike Path and widening it 4 feet as permitted by the State for the entire length and replacing two blocks.  All commissioners were in favor of this and this.  The next topic was the Pay as You Go and it was distributed to everyone and the total is $350,000.00 for this year.  A street sweeper is a priority for this and the Borough needs to approve this as early in January as possible and finalized at the November 25, 2013 meeting.

 

The last topic for new business was concerning the meeting with GWTIDA.  The mayor indicated the issue with the memorandum was discussed and GWTIDA can make any decision they want.  Secondly, the other two towns wanted to keep the present provisions in the memorandum.  The mayor then advised the other commissioners to speak with the Assistant Recreation Supervisor for clarifications of the meeting.

 

With regards to old business, the mayor indicated that most of the topics were discussed and now the “branding” of Wildwood Crest becomes even more important. 

 

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

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1130-13

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) 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 Thursday, October 24, 2013 at 7:00 p.m.; and

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

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

 

___2____            “(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 (1) long-term administrative strategic plan; and (2) employee disciplinary investigation

 

________            “(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.

 

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 1131-13

 

WHEREAS, the Borough of Wildwood Crest requires the services of an independent investigator to conduct an internal affairs investigation concerning employees administrative proceedings, and

               WHEREAS, the Borough has determined that Joseph Beisel is qualified to perform the investigation,

               NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that said Joseph Beisel is hereby appointed as special outside investigator for purposes of conducting an internal affairs investigation concerning employees administrative proceedings.

 

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 1132-13

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations in an employee administrative proceeding; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations; 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 William G. Blaney, Esquire,  of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that William G. Blaney, Esquire and Blaney & Donohue, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing October 24, 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.                William G. Blaney, Esquire of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is hereby retained as Special Counsel as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, employee disciplinary actions, and employer-employee relations for the period October 24, 2013 through October 23, 2014. 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 William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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: November 25, 2013

Janelle M. Holzmer, Borough Clerk

 MINUTES OF MEETINGS INDEX