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Minutes of Commissioners Meeting   -   April 9, 2014

Note:  Complete Meeting Appears on CD #14-14 on File in the Borough Clerk's Office. April 9, 2014
Wildwood Crest, NJ

Prior to the opening of the meeting, Mrs. Gould 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 26, 2013.

 

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

 

Mr. Groon entered at 9:31 a.m.

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 1188 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. 1188

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. 1188.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1188 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1188 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. 1189

 

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 79

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY

OF CAPE MAY AND STATE OF NEW JERSEY, VEHICLE AND TRAFFIC,

ARTICLE II PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING

AND TIME LIMIT PARKING, 79-7 HANDICAPPED PARKING

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1189 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 30, 2014 at 7:00 p.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1190

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST; REPEALING SECTION 32A-4, EMPLOYMENT OF OFF-DUTY EMERGENCY MEDICAL TECHNICIANS; AND REPEALING SECTION 53-26.1, EMPLOYMENT OF OFF-DUTY POLICE OFFICERS; AMENDING SECTION 32A-5, ADDITIONAL FEES; REPEALING ORDINANCE NO. 710 ADOPTED DECEMBER 13, 1989, ORDINANCE NO. 938 ADOPTED AUGUST 27, 2003, AND ORDINANCE NO. 1146 ADOPTED JULY 25, 2012; AND AMENDING ORDINANCE NO. 1167 ADOPTED MAY 8, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1190 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, April 30, 2014 at 7:00 p.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 117-14

 

WHEREAS, bids have been received in response to advertisement of Notice to Bidders published in The Press of Atlantic City issue of February 20, 2014 and The Star Ledger issue of February 21, 2014, and The Herald issue of February 26, 2014 for the following item:

 

2013 Street & Utility Reconstruction – Various Streets, in the Borough of Wildwood Crest; and

 

WHEREAS, the Borough of Wildwood Crest did include water utility improvements in said project as authorized by the City of Wildwood; and

 

WHEREAS, Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, submitted the low bid in the amount of Twelve Million Three Hundred Forty Five Thousand Eight Hundred Twenty Three Dollars and Twenty Five Cents ($12,345,823.25); which includes the Base Bid ($12,064,964.00) plus Add Alternate #3 ($280,859.25); and

 

WHEREAS, the Borough of Wildwood Crest portion is Ten Million Thirty Nine Thousand Seven Hundred Thirty Four Dollars and Twenty Five Cents ($10,039,734.25), and the City of Wildwood Water Utility portion is Two Million Three Hundred Six Thousand Eighty Nine Dollars and Zero Cents ($2,306,089.00); and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the bid amount of Twelve Million Three Hundred Forty Five Thousand Eight Hundred Twenty Three Dollars and Twenty Five Cents ($12,345,823.25) for the Base Bid plus Add Alternate #3, with the Borough of Wildwood Crest’s portion being Ten Million Thirty Nine Thousand Seven Hundred Thirty Four Dollars and Twenty Five Cents ($10,039,734.25), and the City of Wildwood’s Water Utility portion of said bid being Two Million Three Hundred Six Thousand Eighty Nine Dollars and Zero Cents ($2,306,089.00), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications and is further conditioned upon receipt of an appropriate resolution from the City of Wildwood authorizing acceptance of the contract as to the portion of said contract payable by the City of Wildwood in the amount of Two Million Three Hundred Six Thousand Eighty Nine Dollars and Zero Cents ($2,306,089.00); and upon receipt of certification of available funds by the Chief Financial Officers of the Borough of Wildwood Crest and the City of Wildwood; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

WHEREAS, Ralph Petrella, Jr., 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 Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the total bid amount of Twelve Million Three Hundred Forty Five Thousand Eight Hundred Twenty Three Dollars and Twenty Five Cents ($12,345,823.25) for the Base Bid plus Add Alternate #3.

 

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

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, Perna Finnigan, Inc., 1921 E. Sherman Avenue, Vineland, New Jersey 08361, for the total and complete project bid of Twelve Million Three Hundred Forty Five Thousand Eight Hundred Twenty Three Dollars and Twenty Five Cents ($12,345,823.25) for the Base Bid plus Add Alternate #3; with the Borough of Wildwood Crest’s portion being Ten Million Thirty Nine Thousand Seven Hundred Thirty Four Dollars and Twenty Five Cents ($10,039,734.25), and is subject to certification below as to the availability of funds by the Chief Financial Officer, and with the City of Wildwood’s portion being Two Million Three Hundred Six Thousand Eighty Nine Dollars and Zero Cents ($2,306,089.00), subject to certification below by the Chief Financial Officer of the City of Wildwood.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest subject to the receipt of appropriate resolution from the City of Wildwood authorizing same and subject to the certification of both the Borough of Wildwood Crest and the City of Wildwood as to necessary funds as available by the Chief Financial Officers of the municipalities.
  4. That the City of Wildwood awards their portion of the contract for water utility improvements in the amount of Two Million Three Hundred Six Thousand Eighty Nine Dollars and Zero Cents ($2,306,089.00), subject to certification by the Chief Financial Officer of the City of Wildwood as to the availability of funds.
  5. That the New Jersey Department of Environmental Protection, New Jersey Environmental Infrastructure Trust, and New Jersey Department of Transportation approves Perna Finnigan, Inc. as the Contractor for said project and concurs with the award of contract.

 

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:

RESOLUTION NO. 118-14

 

WHEREAS, bids have been received in response to advertisement of Notice to Bidders

published in The Herald issue of  March 5, 2014, for the following item:

 

West Side Drainage Improvements, Phase 4; and

 

WHEREAS, WECO Construction, Inc., 3031 Ocean Heights Avenue, Egg Harbor Township, New Jersey 08234, submitted the low bid in the amount of Four Hundred Eighteen Thousand Three Hundred Forty Two Dollars and Fifty One Cents ($418,342.51) for the Base Bid; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” WECO Construction, Inc., 3031 Ocean Heights Avenue, Egg Harbor Township, New Jersey 08234, for the base bid amount of Four Hundred Eighteen Thousand Three Hundred Forty Two Dollars and Fifty One Cents ($418,342.51), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., 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 WECO Construction, Inc., 3031 Ocean Heights Avenue, Egg Harbor Township, New Jersey 08234, for the total bid amount of Four Hundred Eighteen Thousand Three Hundred Forty Two Dollars and Fifty One Cents ($418,342.51) for the Base Bid.

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

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, WECO Construction, Inc., 3031 Ocean Heights Avenue, Egg Harbor Township, New Jersey 08234, for the total and complete project bid of Four Hundred Eighteen Thousand Three Hundred Forty Two Dollars and Fifty One Cents ($418,342.51) for the Base Bid, and is subject to certification below as to the availability of funds by the Chief Financial Officer.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest.
  4. That the New Jersey Department of Community Affairs approves WECO Construction, Inc. as the Contractor for said project and concurs with the award of contract.

 

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:

RESOLUTION NO. 119-14

WHEREAS, by direction of the Cape May County Board of Taxation, adopted pursuant to the terms and provisions of N.J.A.C. 18:12A-1.6(d), any and all tax appeals seeking either increases or decreases of Tax Assessment which shall be submitted to the Cape May County Board of Taxation by the various municipalities which are situated in the County of Cape May are required to, as a prerequisite to their filing, be authorized by a Resolution of the Tax District involved; and

 

WHEREAS, upon being appraised of said fact, the Tax Assessor of the Borough of Wildwood Crest requested that a Resolution authorizing the execution of such tax appeals by the Tax Assessor of the Borough of Wildwood Crest be authorized by the governing body of the Borough of Wildwood Crest so that disposition of the same may be made by the Cape May County Board of Taxation.

 

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 Megan Fasy, Tax Assessor of the Borough of Wildwood Crest, be and she hereby is authorized to both pursue and defend to completion Tax Appeals on behalf of the Borough of Wildwood Crest for either increase or decreases in Tax Assessments for the calendar year 2014, for disposition by the Cape May County Board of Taxation.

 

2.     That Janelle M. Holzmer, Borough Clerk of the Borough of Wildwood Crest, be and she hereby is instructed to direct certified copies of this Resolution to the following persons or agencies:

A.   Megan Fasy, Tax Assessor of the Borough of Wildwood Crest;

B.    Terence Graff, Tax Collector of the Borough of Wildwood Crest; and

C.    Cape May County Board of Taxation.

 

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:

RESOLUTION NO. 120-14

WHEREAS, there exists the need for the “Professional Services” of a HEARING OFFICER, to be retained by the Borough for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings 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, Steven Secare, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that he will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing April 9, 2014 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, 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 Steven Secare, Esq. who shall be compensated by voucher at the agreed upon rate of $140.00 per hour, not to exceed $9,500 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 Hearing Officer is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

          4.  The Business Disclosure Entity Certification shall be placed on file with this Resolution

 

          5.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 121-14

RECYCLING TAX IDENTIFICATION STATEMENT

 

WHEREAS, the Recycling Enhancement Act, P.L. 2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility; and

 

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, chapter 311, in 2013 in the amount of $13,114.20. Documentation supporting this submission is available at 6101 Pacific Avenue, Wildwood Crest, New Jersey 08260, and shall be maintained for no less than five (5) years from this date.

 

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:

RESOLUTION NO. 122-14

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

 

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

 

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

 

WHEREAS, a resolution authorizing the Borough of Wildwood Crest to apply for  such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of the Board of Commissioners to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

 

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

 

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 endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection, and designates Joseph Bond, Recycling Coordinator, to ensure that the application is properly filed; and

 

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant shall be deposited into an account to be used solely for the purposes of recycling.

 

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:

RESOLUTION NO. 123-14

AUTHORIZING THE BOROUGH OF

WILDWOOD CREST TO ENTER INTO AN INTERLOCAL

FACILITIES AND SERVICE AGREEMENT WITH THE

WILDWOOD CREST SCHOOL DISTRICT

 

WHEREAS, pursuant to N.J.S.A. 40:8A-1, et. seq., known as the Interlocal Services Act, the Borough of Wildwood Crest is authorized to enter into an agreement to provide for mutual services and use of facilities with the Wildwood Crest School District; and

 

WHEREAS, the Borough of Wildwood Crest and the Wildwood Crest School District are both a “local unit” as defined by N.J.S.A. 40:8A-2a; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest have deemed it to be in the best interest of the residents of the municipality to enter into an interlocal facilities and services agreement with the Wildwood Crest School District for the use of certain facilities owned by the Wildwood Crest School District, and for certain services to be rendered by 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 and State of New Jersey, as follows:

 

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

 

                2.             The Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized to execute the interlocal services agreement, a copy of which is annexed hereto and incorporated herein as Exhibit “A,” with the Wildwood Crest School District by the Wildwood Crest Board of Education for the use of certain facilities and exchange of services in accordance with the terms and provisions contained therein.

 

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:

RESOLUTION NO. 124-14

WHEREAS, the Borough of Wildwood Crest participates in a Cooperative Purchasing Program with the County of Cape May for the purchase of natural gas; and

 

WHEREAS, the current contract expires on December, 2014; and

 

WHEREAS, it is the desire of the governing body of the Borough of Wildwood Crest to continue participation in the Cooperative Purchasing Program with the County of Cape May for the purchase of natural gas;

 

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 incorporated herein as if fully set forth.

2.       The Borough Clerk is hereby authorized and instructed to execute the “SJPC 2014 Natural Gas Bid Participation Response Form” 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:

RESOLUTION NO. 125-14

WHEREAS, the Wildwood Crest Recreation Department “Crest Dancers” are desirous of presenting a dance recital on Saturday, May 10, 2014 at the Performing Arts Center of Middle Township (PAC); and

 

WHEREAS, it is the intent of this governing body to authorize said dance recital, as well as the payment to the PAC for rental charges in the total amount of $800;

 

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.             That the preamble hereto is incorporated herein as if fully set forth.

 

                2.             The Commissioner of Public Works and Borough Clerk are hereby authorized to execute any and all contracts necessary to effectuate said dance recital at the Performing Arts Center of Middle Township on May 10, 2014, subject to certification below by the Chief Financial Officer as to availability of funds.

 

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:

RESOLUTION NO. 126-14

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 MARK ROSZKOWSKI, 196 West Pittsburgh Avenue, Wildwood Crest, New Jersey, be, and he is hereby re-appointed as the private citizen representative of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term of one (1) year commencing effective immediately and terminating March 14, 2015.

 

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:

RESOLUTION NO. 127-14

WHEREAS, on March 17, 2014 , SANDMAN SCHOOL , 838 Seashore Rd. , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a SIXTH GRADE BEACH DAY   to be held on June 12, 2014 (rain date June 13, 2014) ,  from 9:30 a.m. to 1:30 p.m., on the BEACH AT RAMBLER RD. ; and

                                                                                                                                                         

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY to be held on June 12, 2014 (rain date June 13, 2014) , from 9:30 a.m. to 1:30 p.m., on the BEACH AT 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:

RESOLUTION NO. 128-14

WHEREAS, on March 25, 2014 , FRANK REALE , 251 Magnolia Rd. , Warminster, PA 18974 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 28, 2014 ,  from 1:00 p.m. to 3:00 p.m., at CENTENNIAL PARK ; and

                                                                                                                                                         

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY to be held on June 12, 2014 (rain date June 13, 2014), from 9:30 a.m. to 1:30 p.m., on the BEACH AT 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:

RESOLUTION NO. 129-14

WHEREAS, on March 18, 2014 , RICH PALKO/PALKO ENTERTAINMENT , 805 E. Main Ave. , Rio Grande, NJ 08242 , applied for a Special Events Permit for the purpose of the BETHEL/OSINSKI WEDDING   to be held on May 2, 2014 ,  from 2:00 p.m. to 6:00 p.m., at CENTENNIAL PARK ; and

                                                                                                                                                         

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY to be held on June 12, 2014 (rain date June 13, 2014), from 9:30 a.m. to 1:30 p.m., on the BEACH AT 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:

RESOLUTION NO. 130-14

 

WHEREAS, on October 7, 2010 the Wildwood Crest Planning Board considered the application of WILDWOOD WATER UTILITY, 4400 New Jersey Ave., Wildwood, New Jersey, owner of property located at Blk 74, lot 4 a/k/a 7001 Park Blvd., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, WILDWOOD WATER UTILITY requested, by correspondence dated October 7, 2010, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-12) the return of the $1000.00 balance of escrow fee;

 

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 escrow fee in the amount of $1000.00 to WILDWOOD WATER UTILITY, 4400 New Jersey Ave., Wildwood, New Jersey 08260.

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 131-14

WHEREAS, on January 4, 2012 the Wildwood Crest Planning Board considered the application of PHILIP & DEBORAH JOHN, 304 E. Stanton Rd., Wildwood, New Jersey, owner of property located at Blk 97.01, lot 16 a/k/a 304 E. Stanton Rd., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, PHILIP & DEBORAH JOHN requested, by correspondence dated January 4, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-13) the return of the $600.00 balance of escrow fee;

 

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 escrow fee in the amount of $600.00 to PHILIP & DEBORAH JOHN, 304 E. Stanton Rd., Wildwood, New Jersey 08260.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 132-14

 

WHEREAS, on January 4, 2012 the Wildwood Crest Planning Board considered the application of SCOTT PETER, 6801 New Jersey Ave., Wildwood Crest, New Jersey, owner of property located at Blk 60, lot 23 a/k/a 6801 New Jersey Ave., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, SCOTT PETER requested, by correspondence dated January 4, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-14) the return of the $800.00 balance of escrow fee;

 

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 escrow fee in the amount of $800.00 to SCOTT PETER, 745 W. Montgomery Ave., Wildwood, New Jersey 08260.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 133-14

WHEREAS, on June 7, 2012 the Wildwood Crest Planning Board considered the application of JAMES J. CICCHITTI, 6200 Park Blvd., Wildwood Crest, New Jersey, owner of property located at Blk 41, lot 4.02 a/k/a 6200 Park Blvd., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, JAMES J. CICCHITTI requested, by correspondence dated June 7, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-15) the return of the $300.00 balance of escrow fee;

 

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 escrow fee in the amount of $300.00 to JAMES J. CICCHITTI, PO Box 157, Cape May, NJ 08204.

 

 

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:

RESOLUTION NO. 134-14

WHEREAS, on June 7, 2012 the Wildwood Crest Planning Board considered the application of SYRACUSE INVESTMENTS OF WILDWOOD, 8400 Atlantic Ave., Wildwood Crest, New Jersey, owner of property located at Blk 134.01, lot 1.02 a/k/a 8400 Atlantic Ave., Wildwood Crest, New Jersey, for preliminary and final site plan approval  in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, SYRACUSE INVESTMENTS OF WILDWOOD requested, by correspondence dated June 7, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-16) the return of the $800.00 balance of escrow fee;

 

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 escrow fee in the amount of $800.00 to SYRACUSE INVESTMENTS OF WILDWOOD, 104 W. Norton Dr., Churchville, PA 18966.

 

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:

RESOLUTION NO. 135-14

WHEREAS, on November 7, 2012 the Wildwood Crest Planning Board considered the application of BEAU RIVAGE, LLC, 9103 Atlantic Ave., Wildwood Crest, New Jersey, owner of property located at Blk 170, lot 2 a/k/a 9103 Atlantic Ave., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, BEAU RIVAGE, LLC requested, by correspondence dated November 7, 2012, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-17) the return of the $800.00 balance of escrow fee;

 

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 escrow fee in the amount of $800.00 to BEAU RIVAGE, LLC, 9103 Atlantic Ave., Wildwood Crest, NJ 08260.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 136-14

WHEREAS, on September 12, 2013 the Wildwood Crest Planning Board considered the application of ROBERT TISONE ET ALS, 128 E. Lavender Rd., Wildwood Crest, New Jersey, owner of property located at Blk 17, lot 37 a/k/a 128 E. Lavender Rd., Wildwood Crest, New Jersey, for preliminary and final site plan approval and hardship variance in connection with the subject property; and

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Planning Board, ROBERT TISONE ET ALS requested, by correspondence dated September 12, 2013, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Planning Board has recommended (Resolution No. PB-A-14-18) the return of the $491.92 balance of escrow fee;

 

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 escrow fee in the amount of $491.92 to ROBERT TISONE ET ALS, 329 E. 22nd St., North Wildwood, NJ 08260.

 

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 137-14

APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH IN CAPE MAY COUNTY

 

                WHEREAS, the citizens of Cape May County acknowledge that children are Cape May County’s most precious resource and accept an important responsibility to create a caring environment in which our children can flourish and reach their full potential.

 

                WHEREAS,  we take the opportunity of National Child Abuse/Neglect Prevention Month to renew our commitment to protecting all of our most vulnerable citizens from harm, and to accept the responsibility of working together as a community to eradicate child adversity of any kind.

               

                WHEREAS, we acknowledge that neglected and traumatized children face challenges that no child deserves, and understand that the damage caused often results in young people who develop long lasting harmful behaviors that affect both themselves, their future families and their communities.

 

                WHEREAS, we acknowledge that every occurrence of childhood adversity and maltreatment is a human tragedy, and that the effects of child trauma not only are long-lasting and inhumane, but also financially costly as well, taxing the health, mental health and juvenile justice systems, as well as law enforcement agencies, courts and educational institutions.                    

                WHEREAS, we pledge as a community to help our children to be safe and happy, and succeed in school, we encourage parents, caregivers and neighbors to provide our children with love, security, emotional support and a strong connection to their extended families and communities.           

 

                WHEREAS, we freely utilize the privileges and responsibilities of this office to encourage all citizens to become more aware of the tragedy of child neglect and maltreatment, and to learn what they can do to support child and family wellbeing through prevention initiatives.

 

                NOW, THEREFORE, BE IT RESOLVED, by the Borough of Wildwood Crest of the County of Cape May that said Board of Commissioners hereby proclaims April as Child Abuse and Neglect Prevention Month in the community and further calls upon all citizens, service agencies, organizations, medical facilities, schools and businesses to increase their participation in efforts to strengthen all of our families and communities and thereby do their part in the prevention of child maltreatment.

                               

                NOW THEREFORE BE IT FURTHER RESOLVED that the citizen of the Borough of Wildwood Crest participate in Cape May County’s annual “Show Kids You Care” week, April 6th to the 12th, through special outreach and caring for our children, and by wearing or displaying blue ribbons throughout our communities on Friday, April 11, 2014, designated as “Dress in Blue Day.”  The Blue Ribbons and outreach will commemorate the county-wise effort to show our children that they truly are a priority—and worthy of a Blue Ribbon World here 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:

RESOLUTION NO. 138-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that, in accordance with the provisions of N.J.S.A. 40A:10-30, the Borough of Wildwood Crest shall continue to assist the Wildwood Crest Volunteer Fire Company No. 1 in the maintenance of a group health insurance policy for active members of said Company; and

 

BE IT FURTHER RESOLVED that financial assistance from the Borough of Wildwood Crest as set forth in Resolution No. 888-08 adopted December 29, 2008 shall continue, with the following addendum:

 

All active members of the Wildwood Crest Volunteer Fire Company No. 1 shall be required to enroll in Medicare upon attaining the age of 65. Any cost for supplemental insurance for the active member shall be reimbursed to the member by the Borough of Wildwood Crest.

Should said active member over the age of 65 have dependent spouses who are not Medicare eligible, said dependent spouse shall be enrolled in an individual, stand alone policy as approved by the Borough until attaining Medicare eligibility. Upon attaining Medicare eligibility, said dependent spouse shall be enrolled in the active member’s supplemental coverage, which shall continue to be reimbursed by the Borough.

 

If at any time any member over the age of 65 shall become inactive, and has not attained “lifetime member” status (25 years or more service) with the Wildwood Crest Volunteer Fire Company No. 1, the Borough’s obligation to reimburse for the member and spouse supplemental coverage shall cease.

 

BE IT FURTHER RESOLVED that the provisions set forth hereinabove shall remain in full force and effect until further notice, unless altered by the determination of the full governing body of the Borough of Wildwood Crest.

 

BE IT FURTHER RESOLVED that by initialing below, representatives of the Wildwood Crest Volunteer Fire Company No. 1 have acknowledged acceptance of the terms herein set forth, as well as receipt of a copy of this Resolution.

 

Wildwood Crest Vol. Fire Co. #1:__________

 

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

 

After hearing no public comments from the public, the Mayor opened the discussion of New Business with the Army Corps Beach Plan.  The Mayor indicated that he received a letter the previous day from the Army Corps in response to the information the Borough sent to them approximately three weeks prior.  It was decided to discuss further at the April 30, 2014 meeting.

 

The second topic for New Business was the Morey Organization Event Request.  The Mayor indicated that GWITDA has been active in trying to resolve any and all issues and it was determined that it would be better to wait for further information.  The Mayor pointed out the Commissioner Cabrera indicated, and the Mayor supported this, that the Borough should remain as back up. 

 

The Mayor also suggested, and the Commissioners agreed, that the Personnel Manuel needs to be reviewed professionally, to be in effect for January 1, 2015.  The Mayor indicated that he would like the Clerk and the Administrator to find some companies that specialize in this and an estimate as well. 

 

With regards to Old Business and Capital Improvements (Rambler Road bike access), Commissioner Cabrera pointed out the revised estimate has been circulated and the rendering shown.  The Mayor questioned if the four blocks of concrete that widens the entranceway would be affected and Commissioner Cabrera confirmed it has been torn up.  The Mayor proposed that perhaps something was missing and it needs to be enhanced.  Commissioner Cabrera informed the Governing Body that he was going to bring this back to the vendor. 

 

The next topic for Old business was the concept of “branding” and Commissioner Cabrera informed the commissioners that he and the Administrator would be reviewing the materials. 

 

After hearing no further comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera that the meeting be adjourned.

Vote:          Gould - Cabrera – Groon – Yes

 

Dated: April 30, 2014

                                                                              

Janelle M. Holzmer, Borough Clerk

MINUTES OF MEETINGS INDEX