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Minutes of Commissioners Meeting   -   December 16, 2015

Note:  Complete Meeting Appears on CD #27-15 on File in the Borough Clerk's Office. December 16, 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.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1230

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, RECREATION COMMISSION, SECTION 56-3, APPROVING AND CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES, PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS APPERTAINING THERETO, AND AMENDING AND AUGMENTING, ORDINANCE NO. 824, ADOPTED MARCH 12, 1997, ORDINANCE NO. 851, ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889, ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924, ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010, ORDINANCE NO. 1103 ADOPTED JULY 21, 2010, ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012, AND ORDINANCE NO. 1167 ADOPTED MAY 8, 2013 AND ORDINANCE 1180, ADOPTED DECEMBER 11, 2013

                                                              

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1230 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Monday, December 28, 2015 at 9:30 a.m.

Vote:           Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1231

AN ORDINANCE TO REPEAL ORDINANCE NOS. 1087, 1165, 1169 AND 1204 AND TO RESCIND RESOLUTION NOS. 128-09, 138-14, 538-11, 554-11, 589-00, 601-96, 885-08 AND 888-08 OF THE BOROUGH OF WILDWOOD CREST

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1231 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Monday, December 28, 2015 at 9:30 a.m.

Vote:          Gould - Cabrera – Groon – Yes

 

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1232

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH

OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE," FIXING AND

DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD

CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1232 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Monday, December 28, 2015 at 9:30 a.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 543-15

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2015 budget appropriations be and the same are hereby authorized as follows:

 

 

 

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. 544-15

CHANGE ORDER #3

2013 STREET & UTILITY RECONSTRUCITON – VARIOUS STREETS

(NJDEP/NJEIT PROJECT)

 

WHEREAS, The Borough of Wildwood Crest is desirous of completing street and utility reconstruction improvements on Atlanta Avenue between New Jersey and Seaview Avenues; more specifically reconstruction of the roadway and replacement of the concrete curbing and concrete gutters and replacing the storm drain crossing at Pacific Avenue as part of the 2013 Street & Utility Reconstruction of Various Streets project; and

 

WHEREAS, Perna Finnigan, Inc., 1921 East Sherman Avenue, Vineland, NJ 08361, the contractor performing the 2013 Street & Utility Reconstruction of Various Streets project has agreed to complete the necessary work for the unit prices including in the original contract and as shown on Change order #3 resulting in no change in the current contract amount;

 

WHEREAS, Ralph Petrella Jr., the Borough Engineer recommends approval of said change order.

 

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 Change Order #3 with no change in the current contract amount be and is hereby approved.
  2. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said change order documents on behalf of the Borough of Wildwood Crest.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 545-15

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by any public or private funding source and the amount thereof shall not have been determined at the time of the adoption of the budget; and

 

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and

 

WHEREAS, the Borough of Wildwood Crest will receive $200,000.00 from the State of New Jersey, Department of Community Affairs, Small Cities CDBG Grant and wishes to amend its 2015 Municipal Budget to include this amount of revenue.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, does hereby request the Director of the Division of Local Government services to approve the insertion of an item of revenue in the municipal budget of the Borough of Wildwood Crest for the year 2015 in the sum of      $                                                                                    200,000.00

which is now available as a revenue from:

Miscellaneous Revenues

Special Items of General Revenue Anticipated with

Prior Written Consent of the Director of the Division

of Local Government Services - Public and Private

Revenues Offset with Appropriations:

STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS: SMALL CITIES CDBG GRANT                $          200,000.00

 

BE IT FURTHER RESOLVED that a like sum of        ......................................................................... $     200,000.00

be and the same is hereby appropriated under the caption of:

GENERAL APPROPRIATIONS

(a)   Operations Excluded from 5% Caps

Public and Private Programs Offset by Revenues:

STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS: SMALL CITIES CDBG GRANT

 

BE IT FURTHER RESOLVED that the Borough CFO be and she is hereby authorized and directed to electronically file this Resolution and applicable submittal form with the Director of the Division of Local Government Services for approval.

 

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. 546-15

CHANGE ORDER #1 – AURORA ENVIRONMENTAL, INC.

PUBLIC WORKS FUEL SYSTEM INSTALLATION PROJECT

 

WHEREAS, Aurora Environmental, Inc., 1102 Union Avenue, Union Beach, NJ  07735 was awarded a contract as State Contract Vendor pursuant to Purchase Order #15-00238 Works on February 5, 2015 in the amount of $244,940.00 for a fuel tank installation project at the Borough of Public; and

 

WHEREAS, Aurora Environmental, Inc. has submitted a proposal for the installation of a gate controller which will be integrated with the GasBoy fuel system software to alleviate additional wiring and controls, and

 

WHEREAS, the Public Works Superintendant, Joe Bond has reviewed the proposal by Aurora Environmental, Inc. along with the original funding set aside for the project and has determined the additional cost of the installation of a gate controller in the amount of Twenty Seven Thousand Seven Hundred and Eighteen Dollars ($27,718.00) is still within the original funding amount, and

 

WHEREAS, Joe Bond, Public Works Superintendant recommends the Borough proceed with the installation of gate controller in accordance with the proposal submitted on November 27, 2015 by Aurora Environmental, Inc.

 

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that said Change Order #1, increasing the original $244,940.00 contract amount with Aurora Environmental, Inc. for the tank installation by Twenty Seven Thousand Seven Hundred Eighteen Dollars ($27,718.00) for the installation of a gate controller, bringing the total revised contract amount to Two Hundred Seventy Two Thousand and Six Hundred Fifty Eight Dollars ($272,658.00)  be and the same is hereby approved.

 

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. 547-15

RESOLUTION AUTHORIZING AN INCREASE IN THE BID THRESHOLD AND APPOINTMENT OF JAMES CRAFT AS QUALIFIED PURCHASING AGENT FOR THE BOROUGH OF WILDWOOD CREST

 

                WHEREAS, the recent changes to the Local Public Contracts Law have given local contracting units the ability to increase their bid thresholds up to $40,000.00 ; and

 

WHEREAS, N.J.S.A. 40A:11-3(a) and N.J.S.A. 40A-9(b), permit an increase in the bid threshold if a Qualified Purchasing Agent is appointed as well as grant the authorization to negotiate and award such contracts below the established bid threshold; and

 

WHEREAS, N.J.A.C. 5:34-5 et seq. establishes the criteria for a Qualified Purchasing Agent; and

 

WHEREAS, James Craft possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et seq.; and

 

WHEREAS, the Borough of Wildwood Crest desires to take advantage of the increased bid and quotation thresholds as adjusted on July 1, 2015 by Governor Chris Christie pursuant to

Local Public Finance Notice #2015-20 dated 9-28-15; and

 

                NOW, THEREFORE, BE IT RESOLVED, that the Borough Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey hereby increases its bid threshold to $40,000.00; and

 

                BE IT FURTHER RESOLVED, that the Borough Commissioners of the Borough of Wildwood Crest hereby appoints James Craft as the Qualified Purchasing Agent to exercise the duties of a Purchasing Agent pursuant to N.J.S.A. 40A:11-2(30), with specific relevance to the authority, responsibility, and accountability of the purchasing activity of the contracting unit; and

 

                BE IT FURTHER RESOLVED, that in accordance with N.J.A.C. 5:34-5.2, the Borough Clerk of the Borough of Wildwood Crest is hereby authorized and directed to forward a certified copy of this Resolution and a copy of James Craft’s certification to the Director 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. 548-15

RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR

SELF INSURANCE PROGRAM REQUIRED BY N.J.S.A. 40A:10-1 ET SEQ.

                WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by county or municipality when the revenue is not subject to reasonably accurate estimates in advance; and

 

                WHEREAS, the Self Insurance Program required by N.J.S.A. 40A:10-1 et seq.  provides for receipt of appropriations by the municipality to provide for the operating costs to administer this act; and,

 

                WHEREAS, N.J.S.A. 40A:4-39 provides the dedicated revenues anticipated from the Borough of Wildwood Crest – Self Insurance Program are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement:

 

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Wildwood Crest, County of Cape May, New Jersey as follows:

 

1.       The Governing Body of the Borough of Wildwood Crest does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of the Self Insurance Program required by N.J.S.A. 40A: 10-1 et seq.

2.       The Municipal Clerk of the Borough of Wildwood Crest, County of Cape May, is hereby directed to forward two certified copies of this Resolution to the Director of Division of Local Government Services.

                                                                                                Patricia A. Feketics, Municipal Clerk

 

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. 549-15

WHEREAS,  the Borough of Wildwood Crest is required to provide Life Insurance to retired Police in accordance with the provisions of their labor contract, and

WHEREAS, the Borough has been notified by Prudential, the existing carrier,  of the Retiree Life Insurance Program that they will no longer provide this service as the account size is too small, and

WHEREAS, the Borough, through their insurance broker, requested quotes from other carriers and has been informed many carriers will not provide a group plan for retirees, but could provide individual plans for each retiree at a cost that would be prohibitive to the Borough , and

WHEREAS, after discussion with the Borough’s insurance broker and the Chief Financial Officer of the Borough, it was deemed the best fiscal and administrative approach to provide the required Retiree Life Insurance would be for the Borough of Wildwood Crest to create a Self Insurance Trust Fund to administer the Life Insurance Program for Retirees in accordance with the provisions of the Police Labor Contract,

NOW, THEREFORE, BE IT RESOLVED, the Commissioners of the Borough of Wildwood Crest are in agreement with the recommendation to establish a Self Insurance Trust Fund and adopt the necessary Resolution for a Dedication by Rider to establish said Self Insurance Trust Fund to administer the Self Insurance Trust Fund as per the Borough’s contractual requirements for Police retirees.   Said Trust Fund will be operated in accordance with the attached outline.

 

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. 550-15

WHEREAS, the NJ Supreme Court will determine the merits of Declaratory Judgment actions filed by 24 Plaintiffs regarding COAH, and

 

WHEREAS, THE Borough of Wildwood Crest is one of 24 Plaintiffs and as such pursuant to the Order of Judge Nelson C. Johnson, J.S.C. who appointed Steven P. Perskie, J.S.C. (Ret’d) as Special Master on September 28, 2015 with regard to the municipalities housing element and fair share housing plan, and Richard B. Reading as Special Regional Master advising the court on fair share needs, and

 

WHEREAS, a Special Escrow Account with the law firm of Fitzgerald & McGroarty has been established to fund these services by the Special Master and the Special Regional Master.

 

NOW, THEREFORE, BE IT RESOLVED the Borough Commissioners of the Borough of Wildwood Crest authorize payment in the amount of Two Thousand Dollars ($2,000) be made to the escrow agent, Fitzgerald & McGroarty pursuant to Judge Nelson C. Johnson’s order.

 

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. 551-15

WHEREAS, MetLife Insurance Company provides Life / AD&D Insurance at group rates; and

 

WHEREAS, the Borough of Wildwood Crest is contractually obligated to offer said Insurance to certain Active Employees; and

 

WHEREAS, MetLife Insurance Company, submitted a proposal to offer group Life / AD&D Insurance on October 19, 2015; and

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the preamble hereto is repeated herein as if fully set forth, and the said proposal of MetLife Insurance Company, which is attached hereto and made a part hereof, is hereby accepted and approved, effective January 1, 2016 and terminating December 31, 2016.

 

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. 552-15

WHEREAS, Wildwood Crest Volunteer Fire Company No. 1 and the Borough of Wildwood Crest have agreed upon the terms as contained in a Memorandum of Understanding which defines the respective duties and obligations of the Volunteer Fire Company and the Borough for fire suppression services, and

                WHEREAS, in accordance with the Memorandum of Understanding, an amendment is required to the Interlocal Services Agreement for Fire Suppression Services between the Township of Lower, the Erma Volunteer Fire Company Station 62, Fire District No. 3, Wildwood Crest Volunteer Fire Company No. 1 and the Borough of Wildwood Crest.

                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:

           That the Mayor and Borough Clerk be and they are hereby authorized, instructed and empowered to execute the Memorandum of Understanding with Wildwood Crest Volunteer Fire Company No. 1 and the amendment to the Interlocal Services Agreement for Fire Suppression Services, together with any and all other documents as may be required to effectuate same.

 

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. 553-15

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

 

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

 

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

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 554-15

Governor’s Council on Alcoholism and Drug Abuse

Fiscal Grant Cycle July 1, 2016to June 30, 2017

 

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and,

WHEREAS, the Borough of Wildwood Crest further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Cape May;

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey does hereby authorize the submission of the grant for the Greater Wildwood Municipal Alliance Consortium grant in the amount of:

 

 

DEDR   $21,188

                                       Cash Match   $  5,297

In-Kind $15,891

 

The Borough of Wildwood Crest portion of the local cash match shall be $1,553.00.

 

The Board of Commissioners of the Borough of Wildwood Crest acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

 

APPROVED:   Carl H. Groon, Mayor

 

CERTIFICATION

I, Patricia A. Feketics, Municipal Clerk of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Board of Commissioners on this 16th day of December, 2016.

                                               

                                                                       Patricia A. Feketics, Municipal Clerk

 

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. 555-15

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 2015 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.

 

8-3-C0003                            Linda Quercetti                                                                    Amount

2015 Tax                              103C W Buttercup Rd.                                                     $627.14

                                                Servicelink & Corelogic

                              oth paid 2015 4th quarter taxes.

                                                Refund overpayment to Corelogic 

 

                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

December 16, 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. 556-15

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 2015 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.

 

4-1-C0001                            Dale & Lisa Caya                                                                          Amount

2015 Tax                              201A W. Morning Glory Rd.                                       $1,439.39

                                                Title Company & Mortgage Company

                              both paid 2015 4th quarter taxes.

                                                Refund overpayment to Corelogic 

 

                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

December 16, 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. 557-15

 

WHEREAS, on November 30, 2015 , SCOTT POYNTER , 10808 Pedrick Rd , Philadelphia, PA 19154 , applied for a Special Events Permit for the purpose of the POYNTER-GRIFFIN WEDDING   to be held on MAY 21, 2016 ,  from 5:00 PM to 7:00 PM, at CENTENNIAL PARK ; and

                                                                                                                                                         

WHEREAS,  SCOTT POYNTER, 10808 Pedrick Rd, Philadelphia, PA 19154, 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  SCOTT POYNTER , 10808 Pedrick Rd, Philadelphia, PA 19154 for the purpose of the POYNTER-GRIFFIN WEDDING to be held on MAY 21, 2016 , from 5:00 PM to 7:00 PM, at CENTENNIAL PARK

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. 558-15

WHEREAS, on October 22, 2015 , a refund check was issued to CHEF'S CONNECTION LLC, ROBERT PODOLSKI, in the amount of $890; and

                                                                                                                                                         

WHEREAS, KATHLEEN B. PODOLSKI, spouse of ROBERT THOMAS PODOLSKI, SR, deceased, has provided an amended affidavit of spouse issued from the Cape May County Surrogate’s Court, State of New Jersey, and has requested reissuance of a new refund check payable to Kathleen B. Podolski, 112 Ridge Rd, Cape May, NJ 08204; and

 

WHEREAS, the Board of Commissioners has determined that the reissuance of the 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 reissue a new refund check payable to KATHLEEN B. PODOLSKI, 112 Ridge Rd, Cape May, NJ 08204 in the amount of $890.

 

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 opened the floor to Finch for their Presentation.  After the presentation, Mr. Cabrera indicated that he liked the last logo presented.  Mrs. Gould indicated that she preferred the second logo.

 

Dennis Travascio, 112 E. Louisville Avenue, indicated the second rendering was more identifiable for him with regard to beach and water.

 

Nancy Pietropaoli, 6002 Seaview Avenue, agreed with Mr. Travascio and like the second rendering.

 

Brian Cunniff, 204 W. Lavender Avenue, indicated he likes the last rendering because it is simple and won’t get distorted when minimized for letterhead. 

Joe Bond, 8400 New Jersey Avenue, also liked the third rendering.  He indicated that the waves in the second rendering look similar to water company.

 

The Mayor agreed with comments from Mr. Cunniff and liked the last rendering the best.

 

After no further comments from the public, Mrs. Gould indicated that she preferred the second rendering, but was alright with the last one.  Mr. Cabrera and the Mayor both preferred the last rendering. Mr. Cabrera indicated that he would like to approve the logo at the next commission meeting.

 

The Mayor then opened the Discussion portion with New Business.  There was nothing to discuss.

 

The Mayor then asked if either commissioner had any Old Business that needed to be addressed.  Mr. Cabrera indicated that a proposed shared services agreement with Lower Township for the use of a dog park was most likely not going to come to fruition in 2016. He suggested regrouping and perhaps coming up with a new location.

 

The Mayor then indicated that with regard to Sunset Lake – Mitigation / Storm Damage that the Borough was waiting to hear from FEMA soon.

 

The Mayor then opened the floor for public commentary.

 

Gene Mulligan, 6511 New Jersey Avenue, asked if the wording for the ballot was available.  The Clerk indicated that it was and after the meeting was adjourned, a copy would be provided to him.

 

Dennis Travascio, 112 E. Louisville Avenue, asked what DLGS stood for with respect to Resolution No. 3.  The Mayor indicated it stood for Division of Local Government Services. 

 

With no further comments from the public,   

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 559-15

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 is 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, December 16, 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 are Potential Litigation for Crest Pier

________             “(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 cop 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,

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 560-15

WHEREAS, there exists the need for the “Professional Services” of an CERTIFIED BUILDING INSPECTION ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associated with Crest Pier Recreation Center HVAC System Evaluation and Performance Correction 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.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with Robert N. Roop of Lockatong Engineering, 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 Nine Thousand Five Hundred ($9,500) 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.

 

          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

 

The floor was once again opened for public comment.  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 11:08 a.m.

   

Dated: December 28, 2015

                                                                                   

Patricia A. Feketics, Borough Clerk         

 

MINUTES OF MEETINGS INDEX