BOROUGH GOVERNMENT
HOME PAGE
BOROUGH PHONE DIRECTORY
COMMISSIONERS
CARL GROON, MAYOR
JOYCE GOULD
DON CABRERA
SCHEDULE OF MEETINGS
MINUTES OF MEETINGS
PUBLIC NOTICES
BOROUGH CODE
MUNICIPAL CLERK
BOROUGH TREASURER / CFO
TAX ASSESSOR
TAX COLLECTOR
  TAX MAPS - PDF File  
BOROUGH SOLICITOR
MUNICIPAL COURT
ZONING OFFICIAL
Land Use Regulations
Zoning Permit Applications
CONSTRUCTION OFFICE  
CODE ENFORCEMENT
Fire Prevention
LAND USE OFFICE
ENVIRONMENTAL COMMISSION
TOURISM COMMISSION
BOARD OF EDUCATION
 
BOROUGH DEPARTMENTS
ANIMAL CONTROL OFFICER
CMC Animal Shelter
BEACH PATROL
Lifeguard Association
EMERG. MEDICAL / RESCUE
FIRE DEPARTMENT
Volunteer Fire Company
FIRE PREVENTION BUREAU
POLICE DEPARTMENT
PUBLIC SAFETY DEPARTMENT
RECREATION
Recreation Facilities Rental Information
Crest Pier Day Camp Information
Pool Schedule & Fees
Tennis Court Information
Festival and Craft Show Information
PUBLIC WORKS DEPARTMENT
TRASH & RECYCLING
 
COMMUNITY FEATURES
JOB OPPORTUNITIES
Getting Married in Wildwood Crest
2015 BOROUGH SUMMER ACTIVITIES
NEW RESIDENTS' INFORMATION
Flood Protection/Insurance Information
TOURISM & VACATION INFORMATION
STREET MAPS of Wildwood Crest
  LOCAL TIDE TABLES
LOCAL ORGANIZATIONS
WILDWOOD CONVENTION CENTER
CHURCHES
PUBLIC LIBRARY
CREST MEMORIAL SCHOOL
CREST HISTORICAL SOCIETY
  LOCAL LINKS 
 

 

 

 

   

VISIT THE WEBSITE OF THE

www.cresthistory.org

 
   

Attention Crest Residents!
Have an idea, listing, feature or comment on the web site?
CLICK HERE

 

 

Minutes of Commissioners Meeting   -   October 7, 2015

Note:  Complete Meeting Appears on CD #21-15 on File in the Borough Clerk's Office. October 7, 2015
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 and same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

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. 1222 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. 1222

BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF PACIFIC AVENUE IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $2,700,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,571,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1222.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1222 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1222 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. 1223

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 40, LICENSES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ARTICLE II, PEDDLING AND SOLICITING OF ICE CREAM PRODUCTS; PREPARED FOODS AND FRUITS AND VEGETABLES, AND AMENDING ORDINANCE NO. 1212 ADOPTED MARCH 18, 2015, SECTION 40-16, DEFINITIONS, SECTION 40-21, LICENSE, EXPIRATIONS AND RENEWALS, SECTION 40-23, SUBSECTIONS D AND G, RESTRICTIONS ON LICENSES; PROMULGATION OF REGULATIONS, SECTION 40-25, SUBSECTION A, VIOLATIONS AND PENALTIES; ENFORCEMENT

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1223 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 21, 2015 at 7:00 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1224

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 47, PARKING METERS, SECTION 47-2, ZONES ESTABLISHED; DELETING SECTION 47-3, ADDITIONAL ZONES ESTABLISHED; AMENDING AND SUPPLEMENTING SECTION 47-8.1, PARKING METER CHARGE; AMENDING AND SUPPLEMENTING SECTION 47-13, VIOLATIONS AND PENALTIES; AND AMENDING AND SUPPLEMENTING CHAPTER 47, SECTION 47-1 THROUGH 47-8.1 TO RENUMBER SECTIONS OF CHAPTER 47 DUE TO THE ELIMINATION OF SECTION 47-3, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 232 ADOPTED JUNE 23, 1958; ORDINANCE NO. 704 ADOPTED AUGUST 9, 1989; ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1008 ADOPTED MAY 3, 2006, ORDINANCE NO. 1136 ADOPTED JANUARY 25, 2012, ORDINANCE NO. 1167 ADOPTED MAY 8, 2013, AND ORDINANCE NO. 1181 ADOPTED DECEMBER 11, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1224 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 21, 2015 at 7:00 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1225

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 60, SEWERAGE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 60-1, PAYMENT FOR SERVICES; SECTION 60-2, INDUSTRIAL OR COMMERCIAL PROPERTIES-WELL WATER; SECTION 60-70, NON-USE OF MUNICIPAL SEWER SYSTEMS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1225 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 21, 2015 at 7:00 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 508-15

WHEREAS, bids have been received in response to advertisement of Notice to Bidders published in The Herald issue of August 26, 2015, for the following item:

 

2015 – 2017 Trench Restoration Contract; and

 

WHEREAS, the bid received on September 9, 2015 exceeded the available funds as certified by the Chief Financial Officer and therefore the bid received must be rejected and re-bid of the project must be authorized by the Board of Commissioners; and

 

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

 

  1. That the bid received on September 9, 2015 is hereby rejected and the Borough Clerk shall return the bid security submitted by the bidder.
  2. That the Borough Clerk be and she is hereby authorized, instructed and empowered to re-advertise Notice to Bidders in The Herald of Cape May County issue of October 14, 2015.
  3. That sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Wednesday, October 28, 2015 at 2:00 P.M., prevailing time, for furnishing the items hereafter set forth in accordance with the Specifications on file in the Borough Hall.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 509-15

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and she is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of October 14, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, October 27, 2015 at 11:15 a.m., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

2016 Chevrolet Colorado WT 4WD Extended Cab Truck, or equivalent

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 510-15

Authorizing Acceptance of the CY2015 Best Practices Inventory and Authorizing the Appropriate Borough Officials to Execute Same

 

WHEREAS, the State of New Jersey requires municipalities, on an annual basis, to complete a Best Practices Inventory to encourage municipalities to implement practices to promote financial accountability and transparency; and

 

WHEREAS, the Borough of Wildwood Crest has completed the CY2015 Best Practices Inventory, and it is the desire of the governing body to accept the CY2015 Best Practices Inventory as presented;

 

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 CY2015 Best Practices Inventory be and the same is hereby accepted as presented; and

 

BE IT FURTHER RESOLVED that the appropriate Borough Officials are hereby authorized and instructed to execute said CY2015 Best Practices Inventory on behalf of the Borough of Wildwood Crest, and to file it with the State of New Jersey, Division of Local Government Services.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 511-15

RESOLUTION OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, DECLARING ITS INTENT TO FULLY COMPLY WITH ITS CURRENT MOUNT LAUREL OBLIGATIONS AND TO SERVE AS A "CATALYST FOR CHANGE" WITHOUT THE NECESSITY OF THE FILING AND SERVING OF ANY MOUNT LAUREL LAWSUITS

 

WHEREAS, in So. Burlington County N.A.A.C.P. v. Tp. of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”), the New Jersey Supreme Court ruled, subject to several other limitations, that in order for a plaintiff to be entitled to a builder's remedy, it must "succeed in litigation" (92 N.J. at 279-280); and

 

WHEREAS        in Toll Bros. Inc. v. Tp. of W. Windsor, 173 N.J.  502, 507 (2002), the Supreme Court ruled that in order for a developer to succeed in litigation, it must not only prove that the municipality has failed to create a realistic opportunity for satisfaction of its obligation, but also must be the “catalyst for change;” and

 

WHEREAS, in In re Adoption of N.J.A.C. 5:96 & 5:97 by the N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (“Mount Laurel IV”), the Supreme Court noted that the purpose of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 to -329 (“FHA”) was to encourage towns to comply with the Mount Laurel doctrine voluntarily and to provide alternatives to the use of builder's–remedy litigation to achieve fair share housing; and  

 

WHEREAS, in response to Mount Laurel IV, on July 8, 2015, the Borough filed a timely Declaratory Judgment Action (DJ Action) and Motion for Temporary Immunity which unquestionably demonstrates the Borough’s commitment to voluntary compliance; and

 

WHEREAS, on September 28, 2015, Honorable Nelson C. Johnson, J.S.C. granted the Borough’s Motion for Temporary Immunity thereby providing the Borough protection from all Mount Laurel lawsuits while the Borough takes action to achieve compliance; and

 

WHEREAS, by securing immunity, the Borough now has the opportunity to maintain local control over its land-use planning and avoid the costs, burdens, and disruption of unnecessary Mount Laurel lawsuits; and

 

WHEREAS, although the Borough adopted and endorsed a Round 3 Housing Element and Fair Share Plan in 2008, it did not secure approval of that plan by the New Jersey Council on Affordable Housing or the court; and

 

                WHEREAS, having filed its DJ Action and secured immunity from Judge Johnson, the Borough remains committed to complying with its affordable housing obligations even though it is almost certain that Wildwood Crest lacks sufficient suitable land to address its fair share of the regional need once that obligation is determined by the court; and 

 

WHEREAS, by formally declaring its intent to comply with its Mount Laurel obligations, the Borough has eliminated the need for it to be forced to comply through the filing of any Mount Laurel lawsuits; and

 

WHEREAS, in view of the foregoing, the Borough of Wildwood Crest herein declares its commitment to take the actions necessary to achieve constitutional compliance, thus rendering any Mount Laurel lawsuits as "unnecessary litigation," the avoidance of which is one of the principal policy considerations of the Mount Laurel doctrine; and

 

WHEREAS, the Borough of Wildwood Crest wishes to obtain and retain immunity from all Mount Laurel lawsuits so that it can devote its resources to Mount Laurel compliance and not litigation as it (1) develops and adopts a new Round 3 Housing Element and Fair Share Plan; and (2) seeks approval of said Plan by Judge Johnson.

 

NOW, THEREFORE, BE IT RESOLVED as follows:

 

1.                   The Borough of Wildwood Crest hereby formally stipulates that it has not secured approval of a Round 3 Housing Element and Fair Share Plan either by COAH or the courts.

 

2.                   The Borough hereby expressly declares its commitment to satisfy its fair share of the regional need voluntarily, to the extent possible given its lack of vacant and suitable land.

 

3.                   The Borough declares that it is the "catalyst for change" vis-à-vis any potential Mount Laurel plaintiff.

 

4.                   The Borough directs its professionals to review the current state of Mount Laurel compliance and to take whatever actions are reasonable and necessary to secure a formal Judgment of Compliance and Repose from the courts.

 

5.                   The Borough hereby directs its professionals to furnish this Resolution to the Court and to place this Resolution on file in Borough Hall so as to put the public and all interested parties on notice of the Borough's formal commitment to comply with its Mount Laurel obligations.

 

6.                   The Borough hereby creates a “Mount Laurel subcommittee” for the purpose of, at a minimum, (a) investigating the facts and all the issues relevant to the Borough’s affordable housing compliance efforts; (b) investigating the facts and all the issues relevant to the Borough’s overall planning policies and objectives; (c) reviewing and discussing all current and potential land use ordinances, resolutions, and other relevant documents; and (d) making periodic and timely recommendations to the Borough Commissioners regarding the steps necessary to achieve Mount Laurel compliance.

 

7.                   The initial chairman of the Mount Laurel Subcommittee shall be Patrick Davenport, Chairman.

 

8.                   The Borough urges the Wildwood Crest Planning Board to work cooperatively with the Commissioners and the Borough’s Mount Laurel professionals to facilitate achievement of the goals and objectives expressed herein.

 

9.                   This Resolution shall take effect immediately upon adoption.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 512-15

WHEREAS, there exists the need for the “Professional Services” of SPECIAL COUNSEL, to be retained by the Borough to assist the Borough and its legal counsel in helping the Borough address its responsibilities with respect to its affordable-housing obligations in any proceeding involving (a) a New Jersey court of competent jurisdiction, and/or (b) the New Jersey Council on Affordable Housing (“COAH”), and 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.

 

          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 Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with Jeffrey R. Surenian and 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, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution. Said Special Counsel 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.  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.

 

ALICIA A. BELANSEN, CFO

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

AT THE REQUEST OF THE MAYOR, THE RESOLUTION AUTHORIZING THE BOROUGH ENGINEER TO SUBMIT A LETTER OF INTENT, INCLUDING SUPPORT DOCUMENTATION, TO THE NJDEP FOR MUNICIPAL FINANCE WAS WITHDRAWN.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 513-15

WHEREAS, THE BOARD OF COMMISSIONERS adopted Ordinance 1181 on December 11, 2013, establishing Additional Zones on Atlantic Avenue at a reduced rate of ONE HUNDRED TWENTY FIVE DOLLARS ($125.00); and

 

WHEREAS, the BOARD OF COMMISSIONERS reviewed the usage of said meters along Atlantic Avenue and determined it to be in the best interest to remove the Reduced Rate meters; and

 

WHEREAS, the BOARD OF COMMISSIONERS has also determined that it will refund fifty percent of the Reduced Rate Parking Meter Fee of SIXTY TWO DOLLARS AND FIFTY CENTS ($62.50) to those who purchased said parking meter permits.

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 procedurally issue a refund of SIXTY TWO DOLLARS AND FIFTY CENTS ($62.50) per permit to those listed in Appendix A.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 514-15

CANCELING ERRONEOUS 2015 SEWER RENTS

 

                WHEREAS, it has been determined by the Tax Collector of the Borough of Wildwood Crest, that a sewer account has been billed erroneous sewer rents for 2015.

 

                WHEREAS, sewer account 1084-0, at 126 E. Forget-Me-Not Road no longer has an active water meter due to a subdivision, the sewer rents levied in 2015 should be canceled.

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said erroneous sewer rents should be canceled accordingly as indicated below.

 

Block /Lot                                            Name                                                     Amount                     

Sewer ID#

 

54-36                                217 W. 13th Avenue LLC                             

1084                                 126 E. Forget-Me-Not Road

                                           2015 Sewer Rents                                                    $124.00

 

                NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, hereby authorize the Tax Collector of the Borough of Wildwood Crest to cancel said sewer amounts for 2015.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 515-15

CANCELING 2015/2016 PRELIM

TAXES FOR 100% DISABLED VETERAN

 

                WHEREAS, the below listed parcel was previously granted a 100% Totally Disabled Veteran Exemption on 9/18/15 and;

 

                WHEREAS, taxes have been determined and need to be cancelled through the second half of 2015, and;

 

                WHEREAS, taxes have been determined and need to be cancelled through the first half of 2016.

 

Block /Lot                            Name                                                                                     Amount

54-38                                    Blickos, Donna & William                                           

                                                100% Totally Disabled Veteran Exemption granted in 2015. 

Cancel 2015 Taxes                                                             $872.35

Cancel 2016 Preliminary Taxes                                       $1,706.97                             

                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 Tax Collector is hereby authorized to cancel said taxes as soon as practicable as per the meeting on October 7, 2015.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 516-15

WHEREAS, on May 14, 2015 , ROBERT T. PODOLSKI, Chef's Connection LLC, 112 Ridge Rd , Cape May, NJ 08204 , paid the 2015 mercantile license fee of Eight Hundred Ninety Dollars ($ 890 ) for operation of a PEDDLING TRUCK ; and

 

WHEREAS, the peddling truck was sold shortly thereafter and did not operate in Wildwood Crest in 2015; and

WHEREAS, Robert T. Podolski is now deceased, and

 

WHEREAS, the Board of Commissioners has determined to refund the fee paid for the unused license;

 

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 issue a refund in the amount of Eight Hundred Ninety Dollars ($890) be made to the ESTATE OF ROBERT PODOLSKI, 112 Ridge Rd, Cape May, NJ 08204 for the reason set forth hereinabove.

 

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

 

The Mayor then opened the floor for public commentary and advised that this portion would be strictly limited to the Pacific Avenue medians and that there will be ample opportunity to voice concerns after the Discussion portion. 

 

Jack Taylor, 6005 Pacific Avenue, voiced his opinion that it would be wrong to narrow the streets and indicated that putting in medians would be a mistake.

 

Aileen Kennedy, 122 E. Sweetbriar Road, also indicated she was opposed to installing medians.  She further indicated that she was worried that it would eliminate parking and force more cars into the residential street.  For the record, the Mayor pointed out that parking spaces would not be eliminated or reduced.  Mrs. Kennedy then indicated the money should be used to improve other streets.

 

Chuck Schumann, 117 W. Toledo Avenue, voiced concern over the safety aspect.  The Director of Public Safety indicated that he and the Mayor spoke with the Chief from Ocean City and since they reduced the number of lanes on West Avenue, the accidents have decreased by approximately one half.  Mr. Schumann then indicated that safety was his concern and wondered if there would be a liability issue.

 

Marie Nickerson, 8801 Bayview Drive, asked subjectively of the number of accidents on Pacific Avenue previously and then voiced opposition to the medians.

 

Joe Salerno, 6601 Atlantic Avenue, stated he was in support of medians being placed along Pacific Avenue and that ratable would improve and it was aesthetically pleasing as well as safer.

 

Jack Morey, 8000 Bayview Avenue, congratulated the commissioners are on their dedication to public space and was in support of medians being placed along Pacific Avenue.

 

Patrick Davenport, 7501 New Jersey Avenue, voiced support of the medians along Pacific Avenue and indicated it would improve the northern section and make it feel like a neighborhood and that safety was also a concern and there is really no need for a four line highway.

 

Will Morey, 8500 Bayview Avenue, was in support of the medians being placed along Pacific Avenue and it would improve the area for the next 50 years.

 

Dennis Travascio, 112 E. Louisville Avenue, voiced opposition to the medians.  He indicated that other areas with medians have two way traffic streets and also asked, long term, who would be responsible for upkeep.

 

Chuck Schumann, 117 W. Toledo Avenue, indicated he was concerned over head on collisions.

 

Zack Morey, 8400 Bavyiew Avenue, was in support of the medians.

 

Cliff Glenn, 111 W. Jefferson Avenue, asked if the same engineer would be used for the project.  Mayor Groon indicated the engineer would the same.

 

After hearing nothing further from the public regarding Pacific Avenues and medians, the commissioners then opened New Business.  The first topic was Medians along Pacific Avenue.

 

Commissioner Gould then stated that pedestrians always have the right of way.  She further indicated that North Wildwood is beautiful, but Wildwood Crest has also done a tremendous job and the community is beautiful.

 

Commissioner Cabrera indicated that he has been approached on the topic numerous times for people both for and against the implementation of medians.  He made it clear that he was in support of open space and likes the idea of medians, but not the cost.  He indicated that the medians under the current design were too wide and would like to see them revised.  He also suggested that perhaps the number of medians could be reduced as well, but conceptually, he liked the idea.

 

Mayor Groon then spoke about three major areas he considered: safety, and the northern section needed an investment, and the cost.  With regard to safety, the Mayor was convinced it promoted a safe atmosphere and that when you look at going to two lanes, it improves the area and referenced Crest Memorial School and Seaview Avenue.  Secondly, he indicated the northern section needs the investment and that it was the time to play a role in changing the current environment and to make it more residential.  Lastly, the Mayor indicated the financial aspect has been discussed thoroughly.

 

The Clerk then asked for a vote from the commissioners with the following result:

Mrs. Gould – No,    Mr. Cabrera – Yes,     Mr. Groon- Yes

 

With regard to New Jersey Avenue and the Review of Lighting and New Jersey Avenue Landscape Design, both were on hold as there were no new developments.  With regard to New Jersey DOT – Fiscal 2016 Application, the commissioners opted to discuss at the next meeting.

 

As far as Old Business, there was nothing new to report with the Emergency Generators /school generator.  The Mayor indicated that the Army Corps Beach Plan (Dunes) was still at the state level with regard to lawsuits.  There was nothing new to report with regard for the Request for Dog Park.  Commissioner Cabrera then indicated that with regard to branding, that a webinar took place and a final version should be ready for vote at the next meeting and he would like to see the logo trademarked.  The last three topics (Wellness Perks, Open Space Application, and Sunset Lake – Mitigation / Storm Damage) had no further developments.

 

With nothing further for open session, Mrs. Gould motioned, seconded by Mr. Cabrera, that we leave open session and enter into closed session.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 517-15

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, October 7, 2015 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 ____________________________________________________

 

__1_____             “(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 with regard to the Recreation Facility.

 

________             “(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 __________

 

________             “(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.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

After returning from Closed Session, Mr. Cabrera motioned, and Mrs. Gould seconded, to add a resolution to the next meeting for remediation of Crest Pier at the not to exceed amount of $35,000.00. 

 

With no further comments from the public, Mr. Cabrera motioned, seconded by Mrs. Gould, that the meeting be adjourned.  All were in favor.  The time was 11:13 a.m.

 

Dated: October 21, 2015

Patricia A. Feketics, Borough Clerk

MINUTES OF MEETINGS INDEX