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Minutes of Commissioners Meeting   -   July 9, 2014

Note:  Complete Meeting Appears on CD #22-14 on File in the Borough Clerk's Office. July 9, 2014
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

 

Gould - Cabrera – 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 26, 2013.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1192 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. 1192

AN ORDINANCE AMENDING CHAPTER 53 – POLICE DEPARTMENT, ARTICLE I, SECTION 53-1, ESTABLISHMENT; SECTION 53-2.1, HEAD OF POLICE FORCE, AND SECTION 53-3, COMMISSIONER OF PUBLIC SAFETY, SECTION 53-9, DUTIES OF CHIEF OF POLICE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 361 ADOPTED ON FEBRUARY 8, 1967; ORDINANCE NO. 577 ADOPTED ON SEPTEMBER 28, 1982, AND ORDINANCE NO. 1099 ADOPTED ON JUNE 9, 2010

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1192.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1192 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1192 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1193 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. 1193

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. 1193.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1193 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1193 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. 1194

AN ORDINANCE REPEALING ORDINANCE NO. 970 ADOPTED FEBRUARY 23, 2005

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1194 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 23, 2014 at 7:00 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1195

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENTS TO VARIOUS STREETS OF SURFACING OR RESURFACING ROADWAY IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND APPROPRIATING THEREFOR THE AMOUNT OF $300,000 FROM GENERAL CAPITAL FUND BALANCE

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1195 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, July 23, 2014 at 7:00 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 192-14

WHEREAS, there exist unexpended balances in certain General Capital Fund improvement authorizations which were dedicated to specific capital projects; and

 

WHEREAS, said capital projects have been completed and there is no further need to retain said unexpended balances of improvement authorizations; and

 

WHEREAS, it is deemed to be in the best interest of the Borough of Wildwood Crest to cancel said unexpended balances of improvement authorizations, and it is the desire of the Board of Commissioners to cancel these unexpended balances.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that unexpended balances of General Capital Fund improvement authorizations be and are hereby canceled as follows:

 

Ord. #     Date Authorized                  Description                                            Amt. Authorized to Cancel

 

1077 (A)      07/08/2009                     Improvement Seaview Ave

                                                                Sanitary Sewer (III)                                  $      405,608.02

 

  TOTAL AUTHORIZED TO BE CANCELED              $                                              405,608.02

 

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. 193-14

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH AUDITOR, to be retained by the Borough for the performance of auditing/accounting work and related duties associates therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

          WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

          WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award; and

 

          WHEREAS, Glen Ortman, RMA, of the firm of Ford Scott Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Glen Ortman, RMA, and the firm of Ford Scott Associates, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing July 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 GLEN ORTMAN, R.M.A., of the firm of Ford Scott Associates, LLC, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as the governing body setting sufficient funds in the 2014 Municipal Budget, in accordance with the proposal dated May 28, 2014, attached hereto, at a not to exceed amount of $2,700, 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 Auditor 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. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 194-14

Authorizing Retention Via Professional Services Agreement Of A Community Development Consultant

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Community Development Consultant for the performance of duties associated therewith, and more specifically for the administration of a Department of Community Affairs Small Cities Fiscal Year 2015 grant, if so awarded; and

 

WHEREAS, on July 9, 2014, the Board of Commissioners of the Borough of Wildwood Crest did authorize Blauer Associates to make application to the State of New Jersey Department of Community Affairs, Small Cities Community Development Block Grant Program, for the project entitled “Street & Utility Reconstruction of Buttercup Road Project” in the not to exceed amount of $400,000; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of community development; 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 Mark Blauer of Blauer Associates, Inc. is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Mark Blauer of Blauer Associates, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Mark Blauer and Blauer Associates, Inc. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing July 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, County of Cape May, New Jersey, as follows:

 

1.                   Mark Blauer of Blauer Associates, Inc., is hereby retained as Community Development Consultant to provide specialized professional services in the field of community development work. 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 Mark Blauer of Blauer Associates, Inc., for specialized professional services as Community Development Consultant for a term of one (1) year, which contract shall provide for a fee of $1,800.00 for the submission of any authorized grant application and administrative fees to be paid from the proceeds of any grant funds realized; all of which is more fully described in the attached agreement which is made a part hereof by reference as if fully set forth, all of which is more fully conditioned upon certification of availability of funds below by the Chief Financial Officer in conjunction with commitment by the governing body to fund said costs and fees in the CY 2015 Municipal Budget.

 

3.                   This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

4.                   The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

5.                   This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

6.                   A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 195-14

WHEREAS, the Borough of Wildwood Crest desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for an amount not to exceed $400,000 for the Street & Utility Reconstruction of Buttercup Road Project and will enter into a grant agreement for said grant if approved;

 

NOW, THEREFORE, BE IT RESOLVED,

 

1) that the Borough of Wildwood Crest does hereby authorize the application for such a grant, and,

 

2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of Wildwood Crest and the New Jersey Department of Community Affairs.

 

BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement to sign the agreement, and any other documents necessary in connection therewith:

 

                                                                                                                __________________________                                   ____________________________

                                                                                                                Carl H. Groon, Mayor                                                        Janelle M. Holzmer, Borough Clerk                                                                                                                                         

 

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. 196-14

Identifying Small Cities Fair Housing Officer

 

Whereas, the Borough of Wildwood Crest is applying for a Fiscal Year 2015 Small Cities Community Development Block Grant in an amount not to exceed $400,000 from the New Jersey Department of Community Affairs for financial assistance for the Street & Utility Reconstruction of Buttercup Road Project; and

 

Whereas, the Borough of Wildwood Crest must make efforts to affirmatively further fair housing; and

 

Whereas, the Borough of Wildwood Crest has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

 

Whereas, the Borough of Wildwood Crest has made assurances in the grant agreement that;

 

1.                             It will comply with the Housing and Community Development Act of 1974, as amended, and regulations issues thereto; and

2.                             It will comply with the Civil Rights Act of 1964, and the regulations issued thereto it; and

3.                             It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing; and

4.                             It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of 1973.

                               

Now, Therefore, Be It Resolved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Borough Clerk shall be designated as the Small Cities Program Fair Housing Compliance Officer for the Borough of Wildwood Crest; and

 

Be It Further Resolved that the Fair Housing Officer shall contact the US HUD Regional Office of Housing and Equal Opportunity and the NJ Division on Civil Rights, inform those agencies of her appointment as Fair Housing Officer and request Fair Housing Information; and

 

Be It Further Resolved, that the Fair Housing Officer shall provide fair housing advisory services and assistance and referral advice to persons requesting such assistance from the Borough of Wildwood Crest; and

 

Be It Further Resolved, that the Borough of Wildwood Crest will publish in the local newspaper of record and post at the Borough Municipal Building a public notice announcing the appointment of the Fair Housing Officer and the availability of local fair housing advisory services.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 197-14

Adoption of State Model Citizen Participation Plan for DCA Small Cities Program

 

WHEREAS, the Borough is Wildwood Crest is an applicant for a Department of Community Affairs Fiscal Year 2015 Small Cities Community Development Project for an amount not to exceed $400,000 for the Street & Utility Reconstruction of Buttercup Road Project and will enter into a grant agreement for said grant if approved;

WHEREAS, that grant agreement will require the Borough of Wildwood Crest to comply with all federal regulations with respect to citizen participation; and

 

WHEREAS, the Borough of Wildwood Crest has reviewed the State Model Citizen Participation Plan prepared for Small Cities CDBG grantees;

 

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;

 

                1. The State Model Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG is adopted by the Borough of Wildwood Crest; and

 

                2. The Borough of Wildwood Crest will follow all regulations set forth in that document throughout the term of the grant agreement cited above.

 

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. 198-14

Approving Public Facilities Grant Management Plan

 

WHEREAS, the Borough of Wildwood Crest will apply for $400,000 in Fiscal Year 2015 CDBG funds for the Street & Utility Reconstruction of Buttercup Road Project ; and

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to prepare a Grant Management Plan to define project staffing and project activities; and

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to officially adopt its Grant Management Plan; and

 

WHEREAS, the Borough has prepared a Grant Management Plan for its Fiscal Year 2015 Public Facilities project;

 

NOW, THEREFORE BE IT RESOLVED, that the Board Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey adopts the Grant Management Plan prepared by Blauer Associates for the Fiscal Year 2015 Public Facilities project.

 

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. 199-14

WHEREAS, DONNA CARFAGNO, 1000 Poplar Avenue, Rio Grande, New Jersey 08242, has paid Eighty ($80.00) Dollars to the Borough of Wildwood Crest for the enrollment of her daughter, Gianna, in the Von Savage Memorial Pool swim lesson program; and

 

WHEREAS, due to unforeseen circumstances, Gianna Carfagno will be unable to participate in the swim lesson program, requiring her withdrawal; and

 

WHEREAS, Donna Carfagno has requested a refund of the fee paid for said swim lessons on behalf of her daughter;

 

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 Eighty ($80.00) Dollars to DONNA CARFAGNO, 1000 Poplar Avenue, Rio Grande, New Jersey 08242 for the withdrawal of her daughter, Gianna, from the Von Savage Memorial Pool swim lesson program.

 

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. 200-14

WHEREAS, the Board of Commissioners passed Resolution 169-14 on May 28, 2014 granting approval to Sunset Lake Hydrofest Association to hold their annual event known as
“Sunset Lake Hydrofest” during the weekend of September 13-14, 2014; and

 

WHEREAS, the Sunset Lake Hydrofest Association has informed the Borough of Wildwood Crest that the event “Sunset Lake Hydrofest” is now known as “The Wildwoods New Jersey Governor’s Cup Hydrofest.”  

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest is committed to the advancement of tourist-related, “off-season” events and the co-sponsorship of this event is a further example of this commitment; and

 

WHEREAS, the Sunset Lake Hydrofest Association shall supply to the Municipal Clerk of the Borough of Wildwood Crest proof of sufficient insurance coverage as required by the Borough, and the said Association shall include therewith an agreement to hold the Borough of Wildwood Crest harmless and indemnify the Borough of Wildwood Crest against any and all claims arising out of the set-up/closing down and/or actual conduct of the aforesaid “The Wildwoods New Jersey Governor’s Cup Hydrofest” weekend; all of which shall be finally submitted prior to the actual commencement of the event.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby authorizes the Sunset Lake Hydrofest Association to conduct the special event known as “The Wildwoods New Jersey Governor’s Cup Hydrofest,” consisting of inboard hydroplane and flatbottom powerboat races upon the waters known as Sunset Lake. The event will also host a food and Craft Festival within the boundaries of New Jersey Avenue, necessitating its closing from Rambler road to Monterey Avenue and Bayview Drive from Nashville Avenue to Monterey Avenue. The display and sale of food, crafts and boats will be under the authority and control of the Sunset Lake Hydrofest Association, and they are authorized to conduct such activities within the boundaries of the event during September 13-14, 2014, subject to compliance by the Sunset Lake Hydrofest Association with all applicable provisions of the Code of the Borough of Wildwood Crest, as well as the conditions set forth hereinabove.

 

BE IT FURTHER RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the said Board hereby authorizes in-kind services to be provided, including but not limited to: not more than twelve (12) port-o-potties, sufficient trash receptacles and necessary janitorial services, electrical and water service in the pit area, electrical service along lake frontage as presently designed, and police, fire, and rescue service, traffic control, and all necessary barriers to maintain a safe environment for the event.

 

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

Vote:          Gould- No          Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 201-14

WHEREAS, on May 21, 2014 , VINCENT & ELAYNE DE IESO , 699 Vance Ave. , Franklin Lakes, NJ 07417 , paid the 2014 mercantile license fee of $ 360.00 for the rental of Wedgewood Condo, C0001, 209 E Primrose Rd., Wildwood Crest, NJ ; and

                                                                                                                                                         

WHEREAS, on June 27, 2014, VINCENT & ELAYNE DE IESO, 699 Vance Ave., Franklin Lakes, NJ 07417 requested a refund of the mercantile license fee stating they are selling the property and will not be renting, nor have rented, the property this year; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and she is hereby authorized and directed to cause a refund in the amount of $ 360.00 to be made to  VINCENT & ELAYNE DE IESO , 699 Vance Ave., Franklin Lakes, NJ 07417 for the reason set forth hereinabove.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 202-14

WHEREAS, on June 14, 2014 , LISA TRAVASCIO , 112 E. Louisville Ave. , Wildwood Crest, NJ  08260 , applied for a Special Events Permit for the purpose of a BLOCK PARTY   to be held on July 26, 2014 ,  from 4:00 p.m. to 8:00 p.m., on the 100 EAST BLOCK OF LOUISVILLE AVE ; and

                                                                                                                                                         

WHEREAS,  LISA TRAVASCIO, 112 E. Louisville Ave., Wildwood Crest, NJ  08260, 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  LISA TRAVASCIO , 112 E. Louisville Ave., Wildwood Crest, NJ  08260 for the purpose of a BLOCK PARTY to be held on July 26, 2014, from 4:00 p.m. to 8:00 p.m., on the 100 EAST BLOCK OF LOUISVILLE AVE.

 

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. 203-14

WHEREAS, on June 23, 2014 , the WILDWOOD CREST DOLPHIN SWIM TEAM INC , Barry Gehring, Co-President , 200 W. Denver Ave, Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a SWIM EVENT   to be held on September 20, 2014 ,  from 8:00 a.m. to 1:00 p.m., at SUNSET LAKE ; and

                                                                                                                                                         

WHEREAS,  the WILDWOOD CREST DOLPHIN SWIM TEAM INC, Barry Gehring, Co-President, 200 W. Denver Ave, Wildwood Crest, NJ 08260, 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  the WILDWOOD CREST DOLPHIN SWIM TEAM INC , Barry Gehring, Co-President, 200 W. Denver Ave, Wildwood Crest, NJ 08260 for the purpose of a SWIM EVENT to be held on September 20, 2014, from 8:00 a.m. to 1:00 p.m., at SUNSET LAKE.

 

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

 

Det. William Perna from the Gloucester County Police Academy presented an academic award plaque to Sgt. Richard D’Amico for outstanding accomplishment at the Supervision & Leadership course at the Gloucester County Police Academy.

 

The Mayor opened the floor for public commentary. There being no public comments,  the Mayor opened New Business and noted we are still active with the Army Corps Beach Plan and the state.  The Mayor indicated that the Borough needs to engage the DEP quickly and begin a dialogue and Commissioner Cabrera agreed to move on this matter. 

 

With regards to Old Business, the Mayor indicated that the Administrator is actively working on the branding concept.  Commissioner Cabrera suggested getting proposals and the Mayor indicated that the companies should have the same agenda on what we are looking for and what we are expecting.   

 

With regards to Rambler Road, Commissioner Gould asked about the status of the clocks for the arch and Commissioner Cabrera indicated that it was ordered.   The Mayor inquired of the Engineer when Washington Avenue was going to be finished and he indicated that landscaping and irrigation would be underway the following day and completed sometime next week.  He then indicated that fencing should be completed by the end of the week.  Commissioner Cabrera indicated that some work would be done in house.  The Mayor questioned if the funding to do this “in-house” as part of the bid.  The Engineer indicated that it was originally part of the estimate.  The Mayor then pointed out that there should be money left over. 

 

The Mayor then questioned where the bike racks on the bike path are.  The Mayor asked the Engineer if this was in fact part of the original estimate as well.  The Engineer indicated it was included in the estimate, but not for a contractor.  

 

The floor was then once again opened for public commentary.  After hearing no comments from the public,

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 204-14

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 one (1) issue(s) is/are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on Wednesday, July 9, 2014 at 9:30 A.M.; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

___1____             “(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are regarding an internal affairs investigation in the Wildwood Crest Police Department

 

________             “(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a copy of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Upon returning from Closed Session,

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 205-14

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest have discussed a personnel matter in closed session and are in agreement with the action to be taken.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Mayor and Borough Clerk be and are hereby authorized to proceed as discussed regarding the personnel matter and to execute any and all documents pertaining thereto.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

With no further matters to discuss, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

 

Vote:          Gould - Groon – Yes         Cabrera – Absent

 

 

Dated: July 9, 2014

Janelle M. Holzmer, Borough Clerk

                                   

MINUTES OF MEETINGS INDEX