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Minutes of Commissioners Meeting   -   November 25, 2013

Note:  Complete Meeting Appears on CD #34-13 on File in the Borough Clerk's Office. November 25, 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 – 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. Groon then announced Green Acres Proposed Change in Use of 1.469 acres of land located at Wisteria Road Tennis Courts was open for public commentary.  Mr. Groon clarified that the tennis courts would not be removed.  Aleathea Roy, 6505 Atlantic Avenue, inquired if the parking will be metered. She was advised that it has yet to be determined.  Mr. Groon also reiterated that all public commentary regarding Green Acres can be sent to the Borough Clerk until December 9, 2013. 

 

Mr. Groon then opened the floor for public comments.  Pat McGuigan, 311 E. 9th Avenue, North Wildwood, read a letter regarding a pool program being cut.  Mr. Groon responded that this falls under Commissioner Cabrera’s department and that he was not present.  He indicated that the Recreation Department would make additional efforts to advertise to find someone to hire to work to keep program alive.  Eileen Short, 4 Hyannis Drive, Lower Township, indicated that she was also there for the pool program and she suggested going in-house, and that she had spoken with a lifeguard willing do the program if her hours were adjusted.  The mayor noted the comment.  Joe Gilmartin, West Cape May, inquired about the number of lifeguards that are on staff currently to cover the pool.  The mayor indicated that this was not under his department and could not guess.  Barry Rasmussen, 106 E. Nashville, Wildwood Crest, indicated that there also residents from the Crest that use the facilities. 

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1177 be placed on second reading and final passage by title only.

Vote:        Gould-Groon- Yes     Cabrera - Absent

 

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. Groon, that a public hearing now be held on Ordinance No. 1177.

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

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

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1177 be passed on second and final reading and advertised according to law.

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1179 be placed on second reading and final passage by title only.

Vote:        Gould-Groon- Yes     Cabrera - Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1179

A CAPITAL ORDINANCE PROVIDING FOR THE REPLACEMENT AND WIDENING OF THE BEACHFRONT BIKE PATH AND APPROPRIATING THEREFOR THE AMOUNT OF $350,000 FROM GENERAL CAPITAL FUND BALANCE

 

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing now be held on Ordinance No. 1179.

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

Steve DelMonte, 148 W. Heather Road, Wildwood Crest, inquired if the entire bike path would be widened. The mayor indicated that the Borough received permission from the DEP to widen the bike path four feet for the entire length.  It also allows for the two block replacement behind Centennial Park.  

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1179 be closed.

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1179 be passed on second and final reading and advertised according to law.

Vote:        Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1180

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, RECREATION COMMISSION, SECTION 56-3, APPROVING AND CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES, PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS APPERTAINING THERETO, AND AMENDING AND AUGMENTING ORDINANCE NO. 824, ADOPTED MARCH 12, 1997, ORDINANCE NO. 851, ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889, ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924, ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010, ORDINANCE NO. 1103 ADOPTED JULY 21, 2010, ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012, AND ORDINANCE NO. 1167 ADOPTED MAY 8, 2013

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1180 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 11, 2013 at 9:30 a.m.

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1181

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 47, PARKING METERS, SECTION 47-3, ADDITIONAL ZONES ESTABLISHED, SECTION 47-8, COINS TO BE DEPOSITED; AND AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, RATES AND FEES SCHEDULE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 232 ADOPTED JUNE 23, 1958; ORDINANCE NO. 704 ADOPTED AUGUST 9, 1989; ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009 AND ORDINANCE NO. 1167 ADOPTED MAY 8, 2013

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1181 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, December 11, 2013 at 9:30 a.m.

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1145-13

WHEREAS, the Borough of Wildwood Crest has applied to the State of New Jersey, Department of Environmental Protection, Green Acres Program, for a change in use of 1.469 acres of the Wisteria Road Tennis Court public park area to a public parking area of multi-recreational uses; and

 

WHEREAS, a Public Hearing Notice of the proposed change in use was published in The Herald of Cape May County on November 6, 2013; and

 

WHEREAS, said public hearing was held on November 25, 2013 at 7:00 p.m.; and

 

WHEREAS, the governing body of the Borough of Wildwood Crest has considered all public comments made during said public hearing;

 

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 preamble hereto is repeated herein as if set forth in full.

 

               2.            After due consideration, the Board of Commissioners of the Borough of Wildwood Crest hereby approves the request for a change in use of 1.469 acres of the Wisteria Road Tennis Court public park area to a public parking area of multi-recreational uses.

 

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

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1146-13

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.

 

117.02-1-C0401 Tonelli, Matthew R & Alaina                                       Amount

2013 Tax                            401 E Miami Ave                                                           1,366.01

                                             Homeowner paid 2013 taxes in full,

2013 Tax appeal credit created an overpayment.

                                             Refund overpayment to Tonelli, Matthew R & Alaina.         

 

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 November 25, 2013.

 

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

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1147-13

WHEREAS, the Wildwood Crest Police Department is desirous of having Recruit Andrew Eckert attend the Cape May County Police Academy; and

 

WHEREAS, the governing body of the Borough of Wildwood Crest has concluded that this would be in the best interests of the Wildwood Crest Police Department, and wishes to authorize same;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that Recruit Andrew Eckert be and he is hereby authorized to attend the Cape May County Police Academy on behalf of the Wildwood Crest Police Department.

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1148-13

WHEREAS, THE WILDWOOD CREST DOLPHINS SWIM TEAM has requested the entering into of a Lease Agreement with the Borough of Wildwood Crest for the rental of the Joseph Von Savage Memorial Pool during specifically designated days and times for a four (4) year period and at a term rental of $26,000.00; and

 

WHEREAS, the Board of Commissioners are desirous of permitting the utilization of Borough-owned facilities through the establishment of a reasonable fee schedule to promote, encourage, and foster greater participation in the Borough’s recreational activities by all facets of the community; and

 

WHEREAS, the Board of Commissioners does herewith agree to enter into a lease agreement with THE WILDWOOD CREST DOLPHINS SWIM TEAM for the rental of the Joseph Von Savage Memorial Pool.

 

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 are incorporated herein as if fully set forth.

2.                That a lease by and between the Borough of Wildwood Crest (Landlord) and The Wildwood Crest Dolphins Swim Team (tenant) for the rental of the Joseph Von Savage Memorial Pool, situated at 8800 New Jersey Avenue, Wildwood Crest, New Jersey 08260, for the period commencing effective January 1, 2014 and terminating December 31, 2017 at the term rental of $26,000.00, payable in annual increments $6,500.00 to be paid on or before April 1st of each calendar year. The foregoing payment schedule, the days and hours of permitted use, and all other conditions, which shall affect, change or modify this rental shall be contained in said lease, a copy of which is attached hereto and made a part hereof.

3.                The Mayor and the Borough Clerk be and they are hereby authorized and directed to execute and attest said lease on behalf of the Borough.

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1149-13

WHEREAS, WILDWOOD CATHOLIC HIGH SCHOOL, 1500 Central Avenue, North Wildwood, New Jersey 08260, has requested the entering into of a Lease Agreement with the Borough of Wildwood Crest for the rental of the Joseph Von Savage Memorial Pool during specifically designated days and times for a three year period and at a term rental of $11,700.00; and

 

WHEREAS, the Board of Commissioners are desirous of permitting the utilization of Borough-owned facilities through the establishment of a reasonable fee schedule to promote, encourage, and foster greater participation in the Borough’s recreational activities by all facets of the community; and

 

WHEREAS, the Board of Commissioners does herewith agree to enter into a lease agreement with WILDWOOD CATHOLIC HIGH SCHOOL for the rental of the Joseph Von Savage Memorial Pool.

 

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 are incorporated herein as if fully set forth.

2.                That a lease by and between the Borough of Wildwood Crest (Landlord) and Wildwood Catholic High School (tenant) for the rental of the Joseph Von Savage Memorial Pool, situated at 8800 New Jersey Avenue, Wildwood Crest, New Jersey 08260, for the period commencing effective January 1, 2014 and terminating December 31, 2016 at the term rental of $11,700.00, payable in annual increments as follows: $3,800.00 for the 2014/15 swim season to be paid on or before October 31, 2014; $3,900.00 for the 2015/16 swim season to be paid on or before October 31, 2015; $4,000.00 for the 2016/17 swim season to be paid on or before October 31, 2016.  The foregoing payment schedule, the days and hours of permitted use, and all other conditions, which shall affect, change or modify this rental shall be contained in said lease, a copy of which is attached hereto and made a part hereof.

3.                The Mayor and the Borough Clerk be and they are hereby authorized and directed to execute and attest said lease on behalf of the Borough.

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1150-13

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2013 budget appropriations be and the same are hereby authorized as follows:

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1151-13

WHEREAS, the Borough of Wildwood Crest did heretofore advertise for sale at public on-line auction certain miscellaneous municipal property no longer needed for public use;  and

 

WHEREAS, bids were received for the above generally described items, and for which a Notice was published in The Herald of Cape May County edition of November 13, 2013, and said Notice is made a part hereof by reference as if fully set forth, and that, based upon the advertised On-Line Auction held November 13, 2013 through November 20, 2013, receipt of bids were obtained as specifically set forth on the attached “Sold Asset Report;”

 

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, that the preamble hereto is made a part hereof by reference as if fully set forth; and

 

BE IT FURTHER RESOLVED that the authorized sale of municipal property no longer needed for public use be and the same is hereby confirmed and ratified.

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1152-13

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 The Herald of Cape May County issue of December 4, 2013.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, December 17, 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:

 

WASHINGTON AVENUE AND DEPARTMENT OF PUBLIC WORKS COMPLEX – PLAYGROUND, TENNIS COURTS AND FENCING IMPROVEMENTS

 

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

Vote:               Gould-Groon- Yes     Cabrera- Absent

 

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

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending October31, 2013 be accepted as presented and filed.

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

Mrs. Gould motioned, seconded by Mr. Groon, that the minutes of Commission meetings held October 24 and November 6, 2013, as well as the Special Meetings of November 12, November 13, 2013 and November 18, 2013, and the Closed Session Minutes of October 24, November 12, November 13, 2013 and November 18, 2013 be approved as presented.

Vote:          Gould-Groon- Yes     Cabrera- Absent

 

The floor was opened to the public and there being no further comments, the discussion of new business ensued.  The first topic is credit cards and there was nothing definitive to report.  The second topic is ALS/Paramedic Services with the other communities and the information received still needs further discussion.  The third topic was Flood Map Revisions and the Ordinance was passed today on second reading and it is final, and our Community Rating has improved which will give a larger discount with flood insurance.  Capital Improvements was the next topic and there was a grant awarded today.  The next issue is Borough Hall HVAC and it is currently being pursued.  The Information Technology /Server Upgrades seem to be a budgetary issue and is being addressed.  Lastly, the beach boxes will be discussed at the next meeting.

 

In regards to old business, all three topics (Naming of Borough parks and facilities, 2013 Capital Improvements, and Wildwood Crest “branding”) were all a non-issue at the present time. 

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.

Vote:          Gould-Groon-Yes                                    Cabrera-Absent

 

Dated: November 25, 2013

Janelle M. Holzmer, Borough Clerk

  

MINUTES OF MEETINGS INDEX