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Minutes of Commissioners Meeting   -   July 23, 2014

Note:  Due to technical error, no audio available. July 23, 2014
Wildwood Crest, NJ

Note:  Due to technical error,                                                             July 23, 2014

no audio available                                                                               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 - 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. 1194 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. 1194

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1194.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1194 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1194 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. 1195 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. 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 a public hearing now be held on Ordinance No. 1195.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1195 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1195 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 206-14

EXTRACT from the minutes of a regular meeting of the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, held at the Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on July 23, 2014, at 7:00 P.M.

PRESENT: GOULD- CABRERA - GROON

ABSENT: NONE

*       *       *

MRS. GOULD introduced and moved the adoption of the following resolution and MR. CABRERA seconded the motion:

RESOLUTION PROVIDING FOR THE COMBINATION OF CERTAIN ISSUES OF BONDS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, INTO A SINGLE ISSUE OF GENERAL BONDS AGGREGATING $8,530,000 IN PRINCIPAL AMOUNT.

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AS FOLLOWS:

Section 1.              Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit described in Section 2 hereof, authorized pursuant to bond ordinances of the local unit heretofore adopted, shall be combined into a single and combined issue of bonds in the principal amount of $8,530,000.

Section 2.              The principal amount of the bonds of the several issues of bonds to be combined into a single issue as above provided, the bond ordinance authorizing each of said several issues described by reference to its title and date of adoption, and the period or average period of usefulness determined in each of said bond ordinances are respectively as follows:

Principal Amount of Bonds

Title of Ordinance and Date of Adoption

Period or
Average Period
of Usefulness
(in Years)

 

 

 

$2,353,600 bonds

“Bond ordinance appropriating $2,570,000, and authorizing the issuance of $2,447,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on February 10, 2010 (#1092).

14.96

 

 

 

$1,499,800 bonds

“Bond ordinance appropriating $1,575,000, and authorizing the issuance of $1,499,800 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on November 22, 2010 (#1112).

32.61

 

 

 

$1,428,500 bonds

“Bond ordinance appropriating $1,500,000, and authorizing the issuance of $1,428,500 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on June 8, 2011 (#1128).

20

 

 

 

$1,418,800 bonds

“Bond ordinance appropriating $1,490,000, and authorizing the issuance of $1,418,800 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on August 10, 2011 (#1130).

33.65

 

 

 

$342,000 bonds

“Bond ordinance appropriating $360,000, and authorizing the issuance of $342,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on February 22, 2012 (#1143)

14.31

 

 

 

$583,300 bonds

“Bond ordinance appropriating $614,000, and authorizing the issuance of $583,300 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on August 29, 2012 (#1147).

19.89

 

 

 

 

$904,000 bonds

“Bond ordinance providing for the improvement of municipally-owned buildings, facilities and properties in and by the Borough of Wildwood Crest, in the County of Cape May, New Jersey, appropriating $950,000 therefor and authorizing the issuance of $904,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 21, 2013 (#1174).

15

 

 

 

Section 3.              The following matters are hereby determined with respect to said combined issue of bonds:

(a)           The average period of usefulness, taking into consideration the respective amounts of obligations presently authorized to be issued pursuant to each of said bond ordinances, respectively, is twenty-two (22) years.

(b)           The bonds of said combined issue shall be designated “General Bonds of 2014” and shall mature within the said average period of usefulness hereinabove determined.

(c)           The bonds of said combined issue shall be sold and issued in accordance with the provisions of said Local Bond Law applicable to the sale and issue of a single issue of bonds.

Section 4.              The following additional matters are hereby determined, declared, recited and stated:

(a)           None of the bonds of the several issues of bonds described in Section 2 hereof has been heretofore sold or issued and the several bond ordinances described in Section 2 hereof have not heretofore been rescinded and now remain in full force and effect as authorizations for the amount of bonds set forth opposite the title of the several bond ordinances described in said Section 2 hereof.

(b)           No bonds are authorized by any of the bond ordinances described in Section 2 hereof, except bonds in the amount set opposite the title of said bond ordinances in Section 2.

(c)           The several purposes for the financing of which the bonds described in Section 2 hereof have been authorized to be issued pursuant to the respective bond ordinances described in Section 2 hereof are purposes for which bonds of this local unit may lawfully be issued pursuant to said Local Bond Law and are not purposes for which a deduction may be taken in any annual or supplemental debt statement of the local unit.

Section 5.              This resolution shall take effect immediately.

The foregoing resolution was adopted by the following vote:

AYES: GOULD- CABRERA -GROON

NOES: NONE

 

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. 207-14

EXTRACT from the minutes of a regular meeting of the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, held at the Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on July 23, 2014, at 7:00 P.M.

PRESENT: GOULD – CABRERA – GROON

ABSENT: NONE

*       *       *

MRS. GOULD introduced and moved the adoption of the following resolution and MR. CABRERA seconded the motion:

RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF $8,530,000 GENERAL BONDS OF 2014 OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND PROVIDING FOR THEIR SALE.

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AS FOLLOWS:

Section 1.                Terms of Bonds.  The $8,530,000 General Bonds of 2014 (the “Bonds”) of the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”), referred to and described in the resolution adopted pursuant to the Local Bond Law of the State of New Jersey, by the Board of Commissioners of the Borough on July 23, 2014, entitled “Resolution providing for the combination of certain issues of bonds of The Borough of Wildwood Crest, in the County of Cape May, New Jersey, into a single issue of General Bonds aggregating $8,530,000 in principal amount” and authorized by certain bond ordinances of the Borough therein described, shall be dated the date of delivery thereof, shall bear interest payable semi‑annually on September 1 and March 1 in each year, commencing March 1, 2015, expressed in a multiple of 1/8 or 1/20 of 1%, shall mature (subject to the option of the successful bidder to establish term bonds in accordance with the provisions of the notice of sale) in the principal amount of $740,000 on September 1, 2015, $770,000 on September 1, 2016, $800,000 on September 1, 2017, $820,000 on September 1, 2018, $840,000 on September 1, 2019, $870,000 on September 1, 2020, $890,000 on September 1, 2021, $910,000 on September 1, 2022, $940,000 on September 1, 2023 and $950,000 on September 1, 2024 and shall each bear a distinctive number to distinguish if from all other Bonds of said issue.

Section 2.                Book-Entry-Only Bonds.  The Bonds shall be issued by means of a book-entry system with no physical distribution of bond certificates made to the public.  The Bonds shall be issued in registered form and bond certificates for each maturity will be issued to The Depository Trust Company, New York, New York (“DTC”), registered in the name of its nominee Cede & Co., and immobilized in its custody.  A book-entry system will be employed, evidencing ownership of the Bonds in principal amount of $5,000 or any $1,000 increment in excess thereof, with transfers of ownership affected on the records of DTC and its participants pursuant to rules and procedures adopted by DTC and its participants.  The successful bidder, as a condition to the delivery of the Bonds, will be required to deposit the bond certificates with DTC, registered in the name of Cede & Co.  So long as Cede & Co. is the registered owner of the Bonds, principal and redemption price, if any, of and interest on the Bonds will be payable by the Borough or its agent to DTC or its nominee as registered owner of the Bonds.  The Bonds shall be executed in the name of the Borough by the manual or facsimile signatures of its Mayor and its Chief Financial Officer, under the seal of the Borough affixed, imprinted or otherwise reproduced thereon and attested by the manual signature of its Borough Clerk.

Section 3.                Redemption.  (A) The Bonds are not subject to redemption at the option of the Borough prior to their stated maturities.

(B)              The Bonds are subject to mandatory sinking fund redemption if the successful bidder specifies term Bonds in accordance with the provisions of the notice of sale for the Bonds.  Any such term Bonds will be subject to mandatory sinking fund redemption at one hundred percent (100%) of the principal amount thereof, together with accrued interest to the date fixed for redemption, in the amounts and on the dates that would have been consecutive serial maturities had no term Bond designation been made.

(C)              Notice of redemption shall be given by first-class mail, postage prepaid, to the registered owners of the Bonds or portions thereof to be redeemed, not less than thirty (30) days nor more than sixty (60) days prior to the redemption date, but such mailing shall not be a condition precedent to such redemption and failure so to mail any such notice shall not affect the validity of any proceedings for the redemption of Bonds.  If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the redemption price on the redemption date therein designated and if, on the redemption date, moneys for payment of the redemption price of all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable.  Less than all of a Bond in a denomination in excess of $5,000 may be so redeemed, and in such case, upon the surrender of such Bond, there shall be issued to the registered owner thereof, without charge therefor, for the unredeemed balance of the principal amount of such Bond, Bonds of like series, designation, maturity and interest rate in any of the authorized denominations.

Section 4.                Form of Bonds.  The Bonds shall be in substantially the following form with such changes and modifications as may be required, necessary, convenient or desirable for delivery thereof (including the inclusion of mandatory sinking fund provisions if term Bonds are specified by the successful bidder):

 

UNITED STATES OF AMERICA
STATE OF NEW JERSEY
COUNTY OF CAPE MAY

BOROUGH OF WILDWOOD CREST

GENERAL BOND OF 2014

Number:

R-G

Registered Owner:

Cede & Co

Principal Amount:

$___________

Dated Date:

September 12, 2014

Interest Rate:

_______%

Maturity Date:

September 1, ______

CUSIP Number:

968138

The BOROUGH OF WILDWOOD CREST (the “Borough”), a municipal corporation of the State of New Jersey, situate in the County of Cape May, hereby acknowledges itself indebted and for value received promises to pay to the above-stated Registered Owner or registered assigns, the above-stated Principal Amount on the above-stated Maturity Date upon presentation and surrender of this bond, and to pay to the registered owner hereof interest on such sum, from the date of this bond until it matures or is redeemed, at the above-stated Interest Rate per annum payable March 1, 2015 and semi‑annually thereafter on September 1 and March 1 in each year.  Principal or redemption price, if any, of this bond will be paid in lawful money of the United States of America at the office of the Chief Financial Officer, Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey.  Interest on this bond will be payable by check or draft mailed to the registered owner hereof whose name appears on the registration books of the Borough on February 15 and August 15 next preceding each interest payment date.

This bond is transferable only upon the books of the Borough kept for that purpose at the office of the Chief Financial Officer, Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey (the “Transfer Agent”), by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or such duly authorized attorney, and thereupon the Borough shall issue in the name of the transferee a new bond or bonds of the same aggregate principal amount and series, designation, maturity and interest rate as the surrendered bond.  The Borough, the Transfer Agent and any paying agent of the Borough may treat and consider the person in whose name this bond is registered as the holder and absolute owner hereof for the purpose of receiving payment of, or on account of, the principal and interest due hereon and for all other purposes whatsoever.

This bond is one of an authorized issue of bonds and is issued pursuant to the Local Bond Law of the State of New Jersey, and as provided by resolution of the Board of Commissioners of the Borough, entitled: “Resolution providing for the combination of certain issues of bonds of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, into a single issue of General Bonds aggregating $8,530,000 in principal amount”, adopted on July 23, 2014 and the bond ordinances referred to therein.

The bonds are not subject to redemption at the option of the Borough prior to their stated maturities.

The full faith and credit of the Borough are hereby irrevocably pledged for the punctual payment of the principal of or redemption price, if any, and interest on this bond according to its terms.

It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of New Jersey to exist, to have happened or to have been performed precedent to or in the issuance of this bond exist, have happened and have been performed, and that the issue of bonds of which this is one does not exceed any limitation imposed thereon by said Constitution or statutes.

IN WITNESS WHEREOF, the BOROUGH OF WILDWOOD CREST, has caused this bond to be executed in its name by the manual or facsimile signatures of its Mayor and its Chief Financial Officer, and its corporate seal to be affixed, imprinted or reproduced hereon, and this bond and said seal to be attested by the manual signature of its Borough Clerk and this bond to be dated the above-stated Dated Date.

 

BOROUGH OF WILDWOOD CREST

(SEAL)

 

 

 

 

 

 

By

 

ATTEST:

 

Mayor

 

 

 

 

 

 

 

 

 

 

Borough Clerk

 

 

Chief Financial Officer

 

The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations (additional abbreviations may also be used though not in the following list):

TEN COM

as tenants in common

 

UNIF GIFT MIN ACT

TEN ENT

as tenants by the entireties

 

 

Custodian

 

JT TEN

as joint tenants with right

(Cust)

 

(Minor)

 

 

of survivorship and not as tenants in common

 

under Uniform Gifts to Minors Act

 

State

 

ASSIGNMENT

FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto

PLEASE INSERT SOCIAL
SECURITY OR OTHER
IDENTIFYING NUMBER
OF ASSIGNEE
(FOR COMPUTER RECORD ONLY)

 

 

 

(Please Print or Typewrite Name and Address of Transferee)

 

the within Bond, and all rights thereunder, and hereby irrevocably constitutes and appoints __________________________ Attorney, to transfer the within Bond on the books kept for the registration thereof, with full power of substitution in the premises.

Dated:______________________________

NOTICE:  The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

 

Section 5.                Sale of Bonds and Publication of Notice.  The Bonds shall be sold upon electronic bids submitted on either Grant Street Group’s MuniAuction website or the Parity Electronic Bid System of i-Deal LLC (as shall be determined by the Chief Financial Officer of the Borough after consultation with the Borough auditor and bond counsel) on August 27, 2014 until 11:00 o’clock A.M. (or such other date or time as shall be determined by the Chief Financial Officer of the Borough after consultation with the Borough auditor and bond counsel) and the Borough Clerk is hereby authorized and directed to (a) cause a notice of such sale to be published at least once, the first publication to be at least seven days prior to said sale in the “Cape May County Herald”, a newspaper published in the County of Cape May, and circulating in the municipality, and (b) cause a summary of the notice of sale to be published at least once, the first publication to be at least seven days prior to said sale in “The Bond Buyer”, a financial newspaper published and circulating in the City of New York, New York.

Section 6.                Forms of Notices.  Said notice of sale and said summary of notice of sale and shall be in substantially the following forms, respectively, with such changes and modifications as may be approved by the Chief Financial Officer of the Borough after consultation with the Borough auditor and bond counsel:

 

 

NOTICE OF SALE

THE BOROUGH OF WILDWOOD CREST,
IN THE COUNTY OF CAPE MAY, NEW JERSEY

$8,530,000 GENERAL BONDS OF 2014

ELECTRONIC BIDS will be received by the Chief Financial Officer of the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”), via the PARITY® Electronic Bid System (“PARITY®”) of i-Deal LLC (“i-Deal”) on Wednesday, August 27, 2014, until 11:00 a.m., local time, at which time they will be publicly announced, for the purchase of $8,530,000 General Bonds of 2014 (the “Bonds”) of the Borough due on September 1 as follows, either as serial Bonds or as term Bonds with sinking fund installments in accordance with this Notice of Sale:

$740,000 in 2015, $770,000 in 2016, $800,000 in 2017, $820,000 in 2018, $840,000 in 2019, $870,000 in 2020, $890,000 in 2021, $910,000 in 2022, $940,000 in 2023 and $950,000 in 2024.

The Bonds will be dated the date of delivery thereof, and will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance with this Notice of Sale, payable on March 1 and September 1 in each year until maturity or earlier redemption, commencing March 1, 2015.  The record dates for the payment of principal of and interest on the Bonds will be the February 15 and August 15 next preceding each such payment date.

The Bonds will be issued in book-entry form only, initially in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”).  Purchasers will not receive certificates representing their interests in the Bonds.  Individual purchases will be in the principal amount of $1,000 (with a $5,000 minimum) and integral multiples thereof.  Payments of principal or redemption price, if any, and interest will be made by the Borough or its agent to DTC for subsequent disbursement to DTC participants to then be remitted to the beneficial owners of the Bonds.

The Bonds are not subject to redemption at the option of the Borough prior to their stated maturities.

A bidder may aggregate consecutive principal maturities of the Bonds for which such bidder bids the same interest rate, into term bonds.  Each such term bond shall mature on the final maturity date of its consecutive maturities in an aggregate principal amount equal to the sum of the principal amounts of its consecutive maturities.  Such term bonds will be subject to mandatory sinking fund redemption at one hundred percent (100%) of the principal amount thereof, together with accrued interest to the date fixed for such redemption, in the amounts and on the dates that would have been consecutive serial maturities had no term Bond designation been made.  Notice of redemption shall be given as provided in the resolution of the Borough authorizing the Bonds. 

The Bonds will be designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.

Each bid must specify in a multiple of 1/8 or 1/20 of 1% the rate or rates of interest which the Bonds are to bear.  There is no limitation on the number of rates of interest that may be specified.  If more than one rate of interest is named, no rate of interest named for any maturity may be less than the rate of interest named for any prior maturity, and the difference between the highest and the lowest rates of interest named shall not exceed four percent (4%).

The Bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost.  Such net interest cost shall be computed, as to each bid, by adding to the total principal amount of Bonds bid for the total interest cost to maturity in accordance with such bid and by deduction therefrom of the amount of premium, if any, which premium shall not exceed $85,300.  No bids shall be considered that offers to pay an amount less than the principal amount of Bonds offered for sale or under which the total loan is made at an interest cost higher than the lowest net interest cost to the Borough under any legally acceptable bids, and if two (2) or more such bidders offer to pay the same lowest net interest cost, then the Bonds will be sold to one (1) of such bidders selected by lot from among all such bidders.  The purchaser must also pay an amount equal to the interest on the Bonds accrued to the date of payment of the purchase price.  The right is reserved to reject all bids and any bid not complying with the terms of this Notice of Sale may be rejected.

Each bidder is required to deposit a certified or cashier’s or treasurer’s check drawn upon a bank or trust company or a financial surety bond issued by Financial Security Assurance Inc., 350 Park Avenue, New York, New York, 10022, in each case payable to the order of The Borough of Wildwood Crest, in the County of Cape May, New Jersey, for $170,600 (the “Deposit Amount”).  In lieu of the foregoing, a bidder may deliver the Deposit Amount via a wire transfer of immediately available funds to the Borough.  Wiring instructions are as follows:  Crest Savings Bank, ABA #231271501, credit to:  General Capital Account, Account #54-100167-6.  Such check, wire transfer or financial surety bond must be received by the Chief Financial Officer of the Borough at or before 11:00 a.m., local time, on the bid date at the Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey, 08260.  The financial surety bond must identify each bidder whose Deposit Amount is guaranteed by the financial surety bond.  If the Bonds are awarded to a bidder utilizing a financial surety bond, then that bidder is required to pay the Deposit Amount to the Borough by wire transfer not later than 1:00 p.m., local time, on the next business day following the award.  If the Deposit Amount is not received by that time, the Borough may draw upon the financial surety bond to satisfy the Deposit Amount requirement.  No interest on the Deposit Amount will accrue to the successful bidder.  The Deposit Amount will be applied in part payment for the Bonds or to secure the Borough from any loss resulting from the failure of the successful bidder to comply with the terms of its bid.

Award of the Bonds to the successful bidder, or rejection of all bids, is expected to be made promptly after receipt of the bids, but the successful bidder may not withdraw its bid until after 3:00 p.m., local time, of the day of such bid-receipt and then only if such award has not been made prior to the withdrawal.  The Bonds will be delivered and shall be paid for in immediately available funds on or about September 12, 2014, at such place in Newark, New Jersey, and on such business day and at such hour, as the undersigned shall fix on five (5) business days’ notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder.

Each bid must be submitted via PARITY®.  No bidder will see any other bidder’s bid, nor will any bidder see the status of its bid relative to other bids (e.g., whether its bid is a leading bid).  To the extent any instructions or directions set forth on PARITY® conflict with this Notice of Sale, the terms of this Notice of Sale shall control.  For further information about PARITY®, potential bidders may contact PARITY® at i-Deal at (212) 404-8102.  The Borough may, but is not obligated to, acknowledge its acceptance in writing of any bid submitted electronically via PARITY®.  Each bidder further agrees that:

(1)               If a bid submitted electronically via PARITY® is accepted by the Borough, the terms of this Notice of Sale and the information that is electronically transmitted via PARITY® shall form a contract, and the successful bidder shall be bound by the terms of such contract.

(2)               PARITY® is not an agent of the Borough, and the Borough shall have no liability whatsoever based on any bidder’s use of PARITY®, including but not limited to any failure by PARITY® to correctly or timely transmit information provided by the Borough or information provided by the bidder.

(3)               The Borough may choose to discontinue use of electronic bidding via PARITY® by issuing a notification to such effect via TM3 News Services, or by other available means, no later than 3:00 p.m., eastern time, on the last business date prior to the bid date.

(4)               Once the bids are communicated electronically via PARITY® to the Borough, each bid shall be deemed to be an irrevocable offer to purchase the Bonds on the terms provided in this Notice of Sale.

(5)               Each bidder shall be solely responsible to make necessary arrangements to access PARITY® for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale.  Neither the Borough nor i-Deal shall have any duty or obligation to provide or assure to any bidder, and neither the Borough nor i-Deal shall be responsible for the proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY®.  The Borough is using PARITY® as a communication mechanism, and not as the Borough’s agent, to conduct the electronic bidding for the Bonds.  By using PARITY®, each bidder agrees to hold the Borough harmless for any harm or damages caused to such bidder in connection with its use of PARITY® for bidding on the Bonds.

The successful bidder may at its option refuse to accept the Bonds if prior to their delivery any income tax law of the United States of America shall provide that the interest thereon is taxable, or shall be taxable at a future date, for federal income tax purposes, and in such case the Deposit Amount paid by it will be returned and the successful bidder will be relieved of its contractual obligations arising from the acceptance of its bid.

If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, any purchase of such insurance or commitment therefor shall be at the sole option and expense of the bidder and any increased costs of issuance of the Bonds resulting by reason of such insurance, unless otherwise paid, shall be paid by such bidder.  Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not in any way relieve the purchaser of its contractual obligations arising from the acceptance of its bids for the purchase of the Bonds.

Prior to or simultaneously with the delivery of the Bonds, the successful bidder shall furnish to the Borough a certificate, in form acceptable to bond counsel to the Borough, setting forth the price or yields of each maturity of the Bonds calculated on the basis of retail sales of the Bonds, in accordance with the requirements of the Internal Revenue Code of 1986, as amended.

It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such number on any Bond nor any error with respect thereto shall constitute cause for the failure or refusal of the successful bidder to accept delivery of and pay for the Bonds.  The CUSIP Service Bureau charge for the assignment of CUSIP numbers on the Bonds shall be the responsibility of and shall be paid for by the successful bidder.

A preliminary official statement (the “Preliminary Official Statement”) relating to the Bonds is available at www.i-DealProspectus.com and the Preliminary Official Statement is deemed final as of its date by the Borough for purposes and within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.  A final official statement (the “Official Statement”) will be delivered to the successful bidder within seven (7) business days of the award of the Bonds.  In order to assist bidders in complying with said Rule 15c2-12, the Borough will undertake to provide certain continuing disclosure as further described in the Preliminary Official Statement.

The successful bidder will be furnished, without cost, with the approving opinion of the law firm of Hawkins Delafield & Wood LLP, bond counsel to the Borough, to the effect that the Bonds are valid and legally binding obligations of the Borough and, unless paid from other sources, are payable from ad valorem taxes levied upon all the taxable property therein without limitation as to rate or amount.  The obligations under this Notice of Sale to deliver or accept the Bonds pursuant to this Notice of Sale shall be conditioned on the availability to the successful bidder and delivery at the time of delivery of the Bonds of the said approving opinion and of certificates in form and tenor satisfactory to said law firm evidencing the proper execution and delivery of the Bonds and receipt of payment therefor and including a statement, dated as of the date of such delivery, to the effect that, except as may be disclosed in the Official Statement, there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened relating to the Bonds.

The Borough reserves the right to postpone, from time to time, the date and time established for receipt of bids and the right to adjust the maturity schedule for the Bonds.  Any such postponement or adjustment will be published on TM3 News Services, or by other available means, not less than twenty-four (24) hours prior to the sale.  If any date fixed for the receipt of bids and the sale of the Bonds is postponed, an alternative sale date will be announced via TM3 News Services, or by other available means, at least forty-eight (48) hours prior to such alternative sale date.

Printed copies of the Preliminary Official Statement, this Notice of Sale and additional information regarding the sale, may be obtained from Hawkins Delafield & Wood LLP, bond counsel to the Borough, One Gateway Center, Newark, New Jersey, 07102-5311 (Telephone: 973-642-8584).

JANELLE M. HOLZMER
Borough Clerk

Dated:  August 13, 2014

 

SUMMARY OF NOTICE OF SALE

THE BOROUGH OF WILDWOOD CREST,
IN THE COUNTY OF CAPE MAY, NEW JERSEY

$8,530,000 GENERAL BONDS OF 2014

ELECTRONIC BIDS for the above-described bonds (the “Bonds”) will be received by the Chief Financial Officer of the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”), via the PARITY® Electronic Bid System of i-Deal LLC on Wednesday, August 27, 2014, until 11:00 a.m., local time.  As described in the full Notice of Sale, a good faith check, a wire transfer or a financial surety bond must be received by the Chief Financial Officer of the Borough prior to or simultaneously with the submission of a bid.  The Bonds shall mature on September 1 as follows, either as serial Bonds or as term Bonds with sinking fund installments in accordance with the full Notice of Sale:

$740,000 in 2015, $770,000 in 2016, $800,000 in 2017, $820,000 in 2018, $840,000 in 2019, $870,000 in 2020, $890,000 in 2021, $910,000 in 2022, $940,000 in 2023 and $950,000 in 2024.

The Bonds will be dated the date of delivery thereof, and will bear interest, payable on September 1 and March 1 in each year until maturity or earlier redemption (ascending rates and only one rate per maturity), commencing March 1, 2015, at the rate or rates per annum specified, in multiples of 1/8 or 1/20 of 1%, by the winning bidder in accordance with the full Notice of Sale.  The Bonds will be issued in book-entry form only and will be designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.  The Bonds are not subject to redemption at the option of the Borough prior to their stated maturities.

Copies of the full Notice of Sale and the Preliminary Official Statement are available at www.i‑DealProspectus.com and may also be obtained by contacting Hawkins Delafield & Wood LLP, bond counsel to the Borough, One Gateway Center, Newark, New Jersey, 07102‑5311  (Telephone: 973‑642-8584).

JANELLE M. HOLZMER
Borough Clerk

Dated:  August 13, 2014

 

Section 7.                Additional Matters Contained in Bonds.  The Borough Clerk is hereby authorized and, if necessary or advisable in the opinion of Hawkins Delafield & Wood LLP, directed (a) to cause the applicable CUSIP numbers (if any) assigned for each of said bonds by the CUSIP Service Bureau of Standard & Poor’s Corporation of New York, New York, to be printed on the Bonds, and (b) to cause, in the event that the Bonds shall qualify for issuance of any policy of municipal bond insurance, at the option of the purchaser thereof, such legend or reference (if any) of such insurance to be printed (at the expense of such purchaser) on the Bonds in such form as shall be satisfactory to Hawkins Delafield & Wood LLP.

Section 8.                Delivery of Related Documents.  Upon the date of issue of the Bonds, being the date of delivery of the Bonds to the successful bidder and the payment of the purchase price thereof in accordance with the contract of sale, the Chief Financial Officer is hereby authorized and directed, as of the date of issue, to deliver to said bidder (a) an arbitrage and use of proceeds certificate with respect to the Bonds in such form as shall be satisfactory to Hawkins Delafield & Wood LLP under and for the purposes of Section 148 of the Internal Revenue Code of 1986, as amended to said date of issue (the “Code”), (b) an undertaking to provide continuing disclosure in order to assist said bidder in complying with Rule 15c2-12 of the Securities and Exchange Commission (“Rule 15c2-12”) in a form satisfactory to Hawkins Delafield & Wood LLP and (c) such other documents as may be useful, necessary, convenient or desirable in connection with the issuance of the Bonds.

Section 9.                Delegation of Power to Award Bonds.  The Board of Commissioners of the Borough, as the governing body thereof, does by this resolution designate the Chief Financial Officer of the Borough, or such other Borough official as may be deemed appropriate, to sell and award the Bonds in accordance with the advertised terms of public sale.  Said Chief Financial Officer or other Borough official making such sale shall report in writing to this governing body at its next meeting thereafter as to the principal amount, interest rate and maturities of the Bonds sold, the price obtained and the name of the purchaser.  Such Chief Financial Officer or other Borough official is hereby further authorized and directed to do and accomplish all matters and things necessary or desirable to accomplish the sale of the Bonds including, after consultation with the Borough auditor and bond counsel, (a) adjusting the maturity schedule of the Bonds and (b) postponing and rescheduling from time to time the sale of the Bonds in accordance with the provisions set forth in the notice of sale and as provided by law.

Section 10.            Bank-Qualified Designation.  The Bonds are hereby designated as “qualified tax-exempt obligations” pursuant to and for the purposes of Section 265(b)(3) of the Code, or to the extent the Bonds refund other obligations of the Borough, the Bonds are “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(D)(iii) of the Code.  Not more than $10,000,000 of obligations, including the Bonds, of the Borough and all subordinate entities thereof are expected to be designated by the Borough for purposes of Section 265(b)(3) of the Code.  As of the date hereof, the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, as referred to and defined in Section 141 of the Code and current refundings of other obligations of the Borough), which will be issued by the Borough and all subordinate entities thereof during the 2014 calendar year does not exceed $10,000,000.

Section 11.            Preliminary Official Statement.  All action taken to date by the officials, employees and agents of the Borough with respect to the issuance of the Bonds, including the preparation of a Preliminary Official Statement with respect thereto be and the same hereby are approved, ratified, adopted and confirmed and the Chief Financial Officer of the Borough is hereby authorized to deliver said Preliminary Official Statement for its use in the sale, resale and distribution of the Bonds.  The Chief Financial Officer of the Borough or such other Borough official as may be appropriate is hereby authorized and directed to deem said Preliminary Official Statement final as of its date for purposes and within the meaning of Rule 15c2-12.

Section 12.            Final Official Statement.  The execution, delivery and dissemination of a final Official Statement in substantially the same form as said Preliminary Official Statement with such changes, insertions and omissions as may be approved by the Chief Financial Officer of the Borough with respect to the issuance of the Bonds by and on behalf of the Borough, is hereby authorized, and the Chief Financial Officer of the Borough or such other Borough official as may be deemed appropriate is hereby authorized and directed to execute the same in the name and on behalf of the Board of Commissioners and is further authorized to deliver said final Official Statement in executed form for its use in the sale, resale and distribution of the Bonds.  The execution of said final Official Statement by the Chief Financial Officer of the Borough or such other Borough official as may be deemed appropriate shall be conclusive evidence of any approval required hereby.

Section 13.            Actions to be Taken on Behalf of the Borough.  The Borough Administrator, the Chief Financial Officer of the Borough and the Borough Clerk are hereby authorized to do all matters necessary, useful, convenient or desirable to accomplish the sale and delivery of the Bonds, including without limitation matters relating to the provision of electronic bids for the Bonds, the acceptance of a financial surety bond to secure the good faith deposit for the Bonds, the appointment of a redemption agent in connection with the issuance of term bonds and the obtaining of a credit rating for the Bonds.

Section 14.            Prior Action.  All action heretofore taken by Borough officials and professionals relating to the sale of the Bonds is hereby ratified, confirmed, adopted and approved.

Section 15.            Effective Date.  This resolution shall take effect immediately.

The foregoing resolution was adopted by the following vote:

AYES:  GOULD – CABRERA – GROON

NOES: NONE

 

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. 208-14

                             SUBJECT:              A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1-FINAL AND ESTIMATE CERTIFICATE NUMBER 7-FINAL.

 

                                CRESSE AVENUE DRAINAGE IMPROVEMENTS

 

 

WHEREAS, Perna Finnigan, Inc. of Vineland, New Jersey has satisfactorily completed the contract for the project known as Cresse Avenue Drainage Improvements; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, increasing the total contract amount by $34,695.44 to $464,617.76, submitted this day by the Borough Engineer; with the Borough of Wildwood Crest’s portion being $392,004.84, an increase of $34,706.26 from the original Borough of Wildwood Crest portion; and with the City of Wildwood Water Utility’s portion being $72,612.92, a reduction of $10.82 from the original City of Wildwood Water Utility portion.

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 7 – FINAL on the project; and

 

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

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that said Change Order Number 1 – FINAL, increasing the total contract amount to $464,617.76 (Wildwood Crest portion = $392,004.84; Wildwood City portion = $72,612.92) and Estimate Certificate Number 7 – FINAL be and the same are hereby approved.

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 209-14

SUBJECT: A RESOLUTION AUTHORIZING COMPLIANCE WITH P. L. 2011, C. 78, REGARDING PENSION AND HEALTH BENEFIT REFORMS.

 

WHEREAS, Public Law 2011, Chapter 78, regarding pension and health benefit reforms for public employees, became effective June 28, 2011; and

 

WHEREAS, P. L. 2011, Chapter 78 requires implementation of increased public employee pension contributions, from 8.5% to 10% for members of the Police and Fire Retirement System and from 5.5% to 6.5% for members of the Public Employee Retirement System, effective October 1, 2011, and 6.92% effective July 1, 2014; and

 

WHEREAS, the aforesaid law did further require continuation of the payment of 1.5% of pensionable salary for employees currently under a collective bargaining agreement or such additional contributions as authorized therein; and

 

WHEREAS, all unrepresented employees, not otherwise covered by an existing bargained union agreement, shall be required to contribute the higher amount of either 1.5% of pensionable salary, unless a higher percentage has been previously authorized, or the applicable year 1 phase-in percentage of pensionable salary based upon the duly established (and herewith attached) “Appendix A;” all unrepresented employees shall contribute at Level 4 effective July 1, 2014; and

 

WHEREAS, all employees hired on or after June 28, 2011 shall be required to immediately contribute Year 4 health insurance contributions based upon both starting salary and coverage level selected as set forth in Appendix A; and

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood, County of Cape May, New Jersey, that:

 

                1.   The Allegations of the Preamble hereto are incorporated herein, by reference, as if set forth in full.

                2.  The Pension and Health Benefit Reforms, as set forth herein above and further contained in the attached Appendix A, shall be implemented with the pay period effective July 1, 2014.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 210-14

Rescinding Resolution No. 159-14 Adopted on May 14, 2014; and Authorizing an increase of award of contract in the amount of $5,000 to Hatch Mott MacDonald, as authorized by Resolution No. 22-14, adopted on January 3, 2014, for Coastal Engineering Services in Conjunction with FEMA Flood Map Revisions, Sunset Lake, and U.S. Army Corps of Engineers Feasibility Study, at the not to exceed amount of $14,500

 

WHEREAS, on May 14, 2014, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, adopted Resolution No. 159-14 authorizing an increase of award of $5,000 with an extended agreement through May 13, 2015; and

 

WHEREAS, the Board of Commissioners have determined that it is in the best interests of the Borough to rescind said Resolution No. 159-14, and authorize an increase of funds of $5,000 to Hatch Mott MacDonald through December 31, 2014 for FEMA Flood Map Revisions, Sunset Lake, and U.S. Army Corps of Engineers Feasibility Study, at the not to exceed amount of $14,500; and

 

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associated with coastal engineering services in conjunction with the FEMA Flood Map Revisions, Sunset Lake, and the U.S. Army Corps of Engineers Feasibility Study 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;

 

          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.  Resolution No. 159-14 adopted May 14, 2014 be and the same is hereby rescinded.

 

          3.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with HATCH MOTT MacDONALD, 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 at the not to exceed contract amount of Fourteen Thousand Five Hundred ($14,500) Dollars, 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 Engineering Firm 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.

 

          4.  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.

 

          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. 211-14

WHEREAS, PELICAN LANDING CONDO ASSOC. made payment to the Borough of Wildwood Crest in the amount of $53.00 for their annual pool bond fee; and

 

WHEREAS, CASIELLO PROPERTY MANAGEMENT subsequently made payment in the amount of $53.00 to the Borough of Wildwood Crest for the same property’s pool bond fee; and

 

WHEREAS, such duplicate payment has been determined to be made in error and the payment has been deemed to be returned to CASIELLO PROPERTY MANAGEMENT.

 

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 $53.000 to CASIELLO PROPERTY MANAGEMENT, 6301 PACIFIC AVENUE, WILDWOOD CREST, NJ 08260 for said erroneous payment.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 212-14

WHEREAS, THE PRESIDENT CONDO ASSOC. made payment to the Borough of Wildwood Crest in the amount of $53.00 for their annual pool bond fee; and

 

WHEREAS, CASIELLO PROPERTY MANAGEMENT subsequently made payment in the amount of $53.00 to the Borough of Wildwood Crest for the same property’s pool bond fee; and

 

WHEREAS, such duplicate payment has been determined to be made in error and the payment has been deemed to be returned to CASIELLO PROPERTY MANAGEMENT.

 

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 $53.000 to CASIELLO PROPERTY MANAGEMENT, 6301 PACIFIC AVENUE, WILDWOOD CREST, NJ 08260 for said erroneous payment.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 213-14

WHEREAS, on May 2, 2014 , MICHAEL & CINDY MURPHY , 148 Lincoln Rd. , Collegeville, PA 19426 , paid the 2014 mercantile license fee of THREE HUNDRED AND THIRTY DOLLARS ($ 330 ) for the rental of the Summer Sands Condominium Unit 409, 8401 Atlantic Ave. ; and

                                                                                                                                                         

WHEREAS, on July 3, 2014 , MICHAEL & CINDY MURPHY, 148 Lincoln Rd., Collegeville, PA 19426, requested a full refund of the mercantile fee due to sale of the property prior to any rental activity ; 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 THREE HUNDRED AND THIRTY DOLLARS ($330) to be made to MICHAEL & CINDY MURPHY, 148 Lincoln Rd., Collegeville, PA 19426 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. 214-14

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected from the property owner or it's designee an excess amount on 2014 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.

 

97.01-10                Verna, James L & Loriann M                                  Amount

2014 Tax              303 E Farragut Rd                                                    $2,608.33

                                Property assessment was reduced creating

an overbill in the 2014 2nd half.  Refund

overpayment to Verna, James L & Loriann M            

 

                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

July 23, 2014.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 215-14

RESOLUTION REFUNDING 2014

TAXES FOR 100% DISABLED VETERAN

 

            WHEREAS, the below listed parcel was granted a 100% Totally Disabled Veteran Exemption on 5/30/14 and;

 

            WHEREAS, the property has been granted an exemption from taxes prorated for 7 months, and said exemption has resulted in an overpayment,

 

Block /Lot                  Name                                                  Amount

164-3                           Spadea, John                                       $627.01                                                           9004-06 Atlantic Ave                                                            

                                    100% Totally Disabled Veteran Exemption granted for

7 months (June - December 2014). 

Refund 2014 tax overpayment                                                                                  

            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 July 23, 2014.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 216-14

Opposing Senate Bill 2601 and Assembly Bill 3891 Which Would Permit Fifth and Sixth Class Counties to Assume Control and Responsibility for Operation and Maintenance OF Beaches Bordering on the Atlantic Ocean

 

WHEREAS, Senate Bill 2701 and Assembly Bill 3891 would permit the governing body of a fifth or sixth class county to assume control and responsibility for the operation and maintenance of all beaches bordering on the Atlantic Ocean within the county; and

 

WHEREAS, Cape May County and the Borough of Wildwood Crest would be actively impacted by this legislation, without the input of the Board of Chosen Freeholders and governing bodies of the effected counties and municipalities; and

 

WHEREAS, both the Cape May County municipalities with beaches bordering on the Atlantic Ocean and the County of Cape May oppose legislation authorizing a county to assume responsibility and control for operation and maintenance of Cape May County beaches to be borne by all municipalities within the County, even if they are not beach bordering.

 

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 it opposes Senate Bill 2601 and Assembly Bill 3891, which would permit the governing body of a fifth or sixth class county to assume control and responsibility for the operation and maintenance of all beaches bordering on the Atlantic Ocean within the county.

 

BE IT FURTHER RESOLVED that the Borough Clerk forward a certified true copy of this resolution to the Governor of the State of New Jersey, the Lieutenant Governor of the State of New Jersey, the President of the New Jersey State Senate, the speaker of the New Jersey General Assembly, the members of the Cape May County Legislative Delegation, the sponsors of the aforesaid bills and the Cape May County Board of Chosen Freeholders.

 

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. 217-14

WHEREAS, on July 7, 2014 , JOCELYN HENRICKS , 214 Ruth Rd. , Bath, PA 18014 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 11, 2014 ,  from 8:30 a.m. to 12:00 p.m., on the BEACH at LOUISVILLE AVE ; and

                                                                                                                                                         

WHEREAS,  JOCELYN HENRICKS, 214 Ruth Rd., Bath, PA 18014, 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  JOCELYN HENRICKS , 214 Ruth Rd., Bath, PA 18014 for the purpose of a WEDDING to be held on October 11, 2014, from 8:30 a.m. to 12:00 p.m., on the BEACH at 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. 218-14

 

WHEREAS, on July 7, 2014 , BRYNNE HOUSTON & MICHAEL MCGRORY , 570 Waterway Rd. , Oxford, PA 19363 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 9, 2014 ,  from 6:30 p.m. to 8:00 p.m., on the BEACH at BUTTERCUP RD ; and

                                                                                                                                                         

WHEREAS,  BRYNNE HOUSTON & MICHAEL MCGRORY, 570 Waterway Rd., Oxford, PA 19363, have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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  BRYNNE HOUSTON & MICHAEL MCGRORY , 570 Waterway Rd., Oxford, PA 19363 for the purpose of a WEDDING to be held on August 9, 2014, from 6:30 p.m. to 8:00 p.m., on the BEACH at BUTTERCUP RD.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that all reports received, from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending June 30, 2014 be accepted as presented and filed.

 

Mrs. Gould motioned, seconded by Mr. Cabrera that the minutes of Commission Meetings held June 25, 2014 and July 9, 2014, as well as closed session minutes of July 9, 2014 be approved as presented. 

 

The floor was opened for public commentary.  After hearing no comments from the public, the Mayor introduced New Business.  The first topic was the Army Corps Beach Plan and Commissioner Cabrera indicated that Mr. Thornton from Hatch Mott MacDonald advises to “sit tight” for the time being.  The Mayor indicated that perhaps it’s time to consider requesting the D.E.P. for consideration of tourism related concessions during negotiations. 

 

The second topic for new Business was the Memorial Benches.  Commissioner Cabrera asked that the Memorial Bench Ordinance be amended to include Centennial Park.  Copies of the ordinance would be distributed to the Commissioners and the Borough Administrator for review. 

 

With no further new business to discuss, the Mayor opened the Old Business matters with 2013 Capital Improvements (Rambler Road bike access).  Commissioner Cabrera pointed out that when the funds were available for the bike path widening, that quotes would be needed for the proposed sculpture.  The second topic of “branding” would be discussed further at the next meeting after the Commissioners had time to review the information that was provided by the Borough Administrator. 

 

With no further old business to discuss, the Mayor opened the floor once again for public commentary.  Commissioner Gould stated that the clock that Mr. Greg Lacavita ordered will be coming on Friday, July 25, 2014.  Commissioner Cabrera shared that he had received a request to move the clock from the arch to preserve the historic integrity of the arch design. 

 

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: August 20, 2014

Janelle M. Holzmer, Borough Clerk                                   

MINUTES OF MEETINGS INDEX