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Minutes of Commissioners Meeting   -   January 7, 2015

Note:  Complete Meeting Appears on CD #01-15 on File in the Borough Clerk's Office. January 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. 1202 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. 1202

AN ORDINANCE REPEALING CHAPTER 46, OFFICERS AND EMPLOYEES, ARTICLE IV, MUNICIPAL ADMINISTRATOR, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND REPEALING ORDINANCE NO. 990 ADOPTED DECEMBER 21, 2005, AND ORDINANCE NO. 1175 ADOPTED SEPTEMBER 18, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1202.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1202 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1202 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. 1203 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. 1203

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 60, SEWERAGE, SECTION 60-1, PAYMENT FOR SERVICES, SUBSECTION A, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 947 ADOPTED NOVEMBER 24, 2003 AND ORDINANCE NO. 1065 ADOPTED DECEMBER 10, 2008

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1203.

Vote:          Gould-Cabrera-Groon-   Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1203 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1203 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. 1204 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. 1204

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 34, FIRE DEPARTMENT, SECTION 34-5, HEALTH INSURANCE COVERAGE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 5 ADOPTED JANUARY 2, 1911, AND ORDINANCE NO. 1087 ADOPTED JANUARY 27, 2010

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1204.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1204 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1204 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. 305-15

                                SUBJECT:     A RESOLUTION AUTHORIZING ADOPTION OF THE 2015 TEMPORARY BUDGET         

 

WHEREAS, N.J.S.A. 40A:4-19 authorizes, by resolution of the governing body prior to January 31 of the fiscal year, adoption of temporary appropriations of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total appropriations made for all purposes in the budget for the preceding fiscal year excluding, in both instances, appropriations made for interest and debt redemption charges, capital improvement fund and public assistance; and

 

WHEREAS, the total temporary appropriations to be created by this resolution amount to $4,750,000.00, said amount being inclusive of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total of those appropriations as fully authorized hereinabove.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the amount of $4,750,000.00 be and the same shall hereby constitute the 2015 Temporary Appropriations:

 

PUBLIC AFFAIRS & PUBLIC SAFETY DIRECTOR’S OFFICE

                SALARIES & WAGES.................................................................................................... $                   17,000.00

                OTHER EXPENSES..........................................................................................................                       3,000.00

 

FIRE DEPARTMENT

                SALARIES & WAGES......................................................................................................                       1,000.00

                OTHER EXPENSES..........................................................................................................                       7,000.00

 

POLICE

                SALARIES & WAGES......................................................................................................                  745,700.00

                OTHER EXPENSES..........................................................................................................                    80,000.00

 

EMERGENCY MANAGEMENT

                OTHER EXPENSES..........................................................................................................                               0

 

MUNICIPAL PROSECUTOR

                OTHER EXPENSES..........................................................................................................                       6,000.00

 

PUBLIC DEFENDER

                SALARIES & WAGES......................................................................................................                       5,000.00

 

MUNICIPAL COURT                                                                                                                       

                SALARIES & WAGES......................................................................................................                    50,000.00

                OTHER EXPENSES..........................................................................................................                       7,500.00

 

LEGAL

                OTHER EXPENSES........................................................................................................ $                   70,000.00

 

SERVICE OF AMBULANCE

                SALARIES & WAGES......................................................................................................                  140,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

 

COMMUNICATIONS

                OTHER EXPENSES..........................................................................................................                    50,000.00

ANIMAL CONTROL

                OTHER EXPENSES..........................................................................................................                    12,000.00

 

LIFEGUARDS

                SALARIES & WAGES......................................................................................................                       8,000.00

                OTHER EXPENSES..........................................................................................................                    34,000.00

 

FIRE OFFICIAL

                SALARIES & WAGES......................................................................................................                    32,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

 

LOCAL CODE ENFORCEMENT

                SALARIES & WAGES......................................................................................................                    10,000.00

                OTHER EXPENSES..........................................................................................................                       1,000.00

 

LAND USE ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    15,000.00

                OTHER EXPENSES..........................................................................................................                    18,000.00

 

TRAFFIC MAINTENANCE

                SALARIES & WAGES......................................................................................................                    26,000.00

                OTHER EXPENSES..........................................................................................................                    29,300.00

 

TOURISM

                SALARIES & WAGES......................................................................................................                       1,000.00

                OTHER EXPENSES..........................................................................................................                       2,000.00

 

ENVIRONMENTAL COMMISSION

                SALARIES & WAGES......................................................................................................                          800.00

                OTHER EXPENSES..........................................................................................................                               0

 

REVENUE & FINANCE DIRECTOR’S OFFICE

                SALARIES & WAGES.................................................................................................... $                      6,500.00

                OTHER EXPENSES..........................................................................................................                          700.00

 

FINANCIAL ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    55,000.00

                OTHER EXPENSES..........................................................................................................                    35,000.00

 

ASSESSMENT OF TAXES

                SALARIES & WAGES......................................................................................................                    20,000.00

                OTHER EXPENSES..........................................................................................................                       2,000.00

 

COLLECTION OF TAXES

                SALARIES & WAGES......................................................................................................                    55,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

 

INSURANCE

                GROUP INSURANCE FOR EMPLOYEES...................................................................               1,100,000.00

                OTHER INSURANCE.......................................................................................................                  265,000.00

 

BOROUGH ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    65,000.00

                OTHER EXPENSES..........................................................................................................                    20,000.00

 

UTILITIES BILLING

                OTHER EXPENSES..........................................................................................................                       6,000.00

 

CONSTRUCTION OFFICE

                SALARIES & WAGES......................................................................................................                    30,000.00

                OTHER EXPENSES..........................................................................................................                       3,000.00

 

PUBLIC WORKS DIRECTOR’S OFFICE

                SALARIES & WAGES......................................................................................................                       6,500.00

                OTHER EXPENSES..........................................................................................................                          500.00

 

PUBLIC WORKS

                SALARIES & WAGES......................................................................................................                  130,000.00

                OTHER EXPENSES..........................................................................................................                    25,000.00

 

UTILITIES

                NATURAL GAS............................................................................................................... $                   55,000.00

                ELECTRIC..........................................................................................................................                    40,000.00

                FUEL OIL............................................................................................................................                    50,000.00

                STREET LIGHTING.........................................................................................................                    45,000.00

 

LANDFILL

                OTHER EXPENSES..........................................................................................................                    35,000.00

 

WATER

                OTHER EXPENSES..........................................................................................................                    10,000.00

                HYDRANT SERVICE.......................................................................................................                    15,000.00

 

ENGINEER

                OTHER EXPENSES..........................................................................................................                    25,000.00

 

BEACH MAINTENANCE

                SALARIES & WAGES......................................................................................................                       7,500.00

                OTHER EXPENSES..........................................................................................................                    10,000.00

 

SANITATION

                SALARIES & WAGES......................................................................................................                    88,000.00

                OTHER EXPENSES..........................................................................................................                       9,000.00

 

RECREATION

                SALARIES & WAGES......................................................................................................                  100,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

 

SEWERAGE

                SALARIES & WAGES......................................................................................................                    30,000.00

                OTHER EXPENSES..........................................................................................................                       9,000.00

 

PARKS AND BUILDINGS

                SALARIES & WAGES......................................................................................................                    55,000.00

                OTHER EXPENSES..........................................................................................................                    12,000.00

 

RECREATION BUILDINGS

                OTHER EXPENSES..........................................................................................................                    40,000.00

 

FLEET MAINTENANCE

                SALARIES & WAGES.................................................................................................... $                   42,000.00

                OTHER EXPENSES..........................................................................................................                    33,000.00

 

STATUTORY EXPENSES

                SOCIAL SECURITY.........................................................................................................                  160,000.00

                UNEMPLOYMENT INSURANCE.................................................................................                    13,000.00

 

TOTAL APPROPRIATIONS EXCLUDING CAPITAL IMPROVEMENTS,

INTEREST AND DEBT REDEMPTION CHARGES AND PUBLIC

ASSISTANCE................................................................................................................................... $              4,100,000.00

 

CAPITAL IMPROVEMENT

 

                EMERGENCY SEWER REPAIRS……………………………                                                      60,000.00

                CAPITAL IMPROVEMENT FUND...............................................................................                  200,000.00

 

INTEREST AND DEBT REDEMPTION CHARGES

 

                INTEREST ON BONDS AND LOANS...........................................................................               390,000.00

 

TOTAL TEMPORARY APPROPRIATIONS (ALL PAGES)       $............................................. 4,750,000.00

 

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. 306-15

A RESOLUTION ADOPTING THE CASH MANAGEMENT

PLAN OF THE BOROUGH OF WILDWOOD CREST

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:5-14, the Borough of Wildwood Crest shall adopt a Cash Management Plan and shall deposit its funds in accordance with the provisions of said Plan; and

 

WHEREAS, the Cash Management Plan shall include the designation of a depository or depositories as provided in Section 4 of P.L. 1970, c.236; and

 

WHEREAS, the Cash Management Plan shall be designed to assure to the extent practicable the investment of local funds in interest bearing accounts and may be modified from time to time in order to reflect changes in federal or state law or regulations; and

WHEREAS, the Cash Management Plan shall be subject to the annual audit conducted pursuant to N.J.S.A. 40A:5-4.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, New Jersey, as follows:

 

1.     The allegations of the preamble hereto are incorporated herein by reference as if fully set forth.

2.     The Cash Management Plan for the Borough of Wildwood Crest be and is hereby adopted.

3.     A copy of the Cash Management Plan be and is attached hereto and made a part hereof.

 

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. 307-15

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

 

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

 

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

 

1.     That Megan Fasy, Tax Assessor of the Borough of Wildwood Crest, be and she hereby is authorized to both pursue and defend to completion Tax Appeals on behalf of the Borough of Wildwood Crest for either increase or decreases in Tax Assessments for the calendar year 2015, for disposition by the Cape May County Board of Taxation.

 

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

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

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

C.    Cape May County Board of Taxation.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 308-15

2015 TAX TITLE LIEN SALE

WHEREAS, N.J.S.A. 54:5-19 requires the governing body by Resolution to empower the Tax Collector to conduct a tax sale in 2015 for properties with unpaid taxes, sewer and /or other municipal charges or charges in arrears from the prior fiscal year, as well as temporarily hold out of tax sale certain properties that comply with specifically defined conditions and circumstances; and

 

WHEREAS, there are properties with delinquent charges as noted above, as well as certain properties as designated on the 2015 tax sale list which comply with said conditions and circumstances to be temporarily withheld from the tax sale for 2014 taxes, sewer and other municipal charges.

 

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 Tax Collector be empowered to conduct a tax sale in 2015 as referenced above, and temporarily hold out of the tax sale any such property which conforms to the specifically defined conditions and circumstances as promulgated in N.J.S.A. 54:5-19 and/or any other provision of New Jersey Statutory Law.

 

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. 309-15

RESOLUTION AUTHORIZING INTEREST RATE,

GRACE PERIOD AND YEAR-END PENALTY FOR 2015

 

                WHEREAS, N.J.S.A. 54:4-67 et seq. permits the governing body to fix the rate of interest to be charged for the nonpayment of taxes, sewer or other municipal charges.

 

                NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Wildwood Crest, the rate of interest on unpaid taxes and sewer shall be eight (8) percent per annum on the first one thousand five hundred dollars ($1,500.00) of delinquency and eighteen (18) percent per annum on any amount in excess of one thousand five hundred dollars ($1,500.00) to be calculated from the date the tax, sewer or other municipal charges were payable until the date of actual payment.  No interest shall be charged if payment is made on or before the tenth (10th) calendar day following the date upon which the same is payable.

 

                BE IT FURTHER RESOLVED, in addition to the interest provided above, all delinquencies in excess of ten thousand dollars ($10,000.00) which are not paid prior to the end of the year will be subject to a year-end penalty of six (6) percent.

 

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. 310-15

CANCELLATION OF 2014 TAX AND/OR SEWER

BALANCES OF $5.00 OR LESS

                WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax overpayments or delinquent amounts of five (5) dollars or less; and

 

WHEREAS, there also exists a need to apply the same provision as promulgated in N.J.S.A. 40A:5-17 to the cancellation of municipal sewer overpayments and delinquencies of five (5) dollars or less.

 

                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 Tax Collector is hereby authorized to cancel without any further action on the part of the Governing Body, any property tax and/or municipal sewer overpayments and/or delinquencies of $5.00 or less. 

 

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. 311-15

Resolution Designating Alicia A. Belansen, CFO, or Lauren Sedberry, Principal Account Clerk, Designee, as Custodian of the Petty Cash Fund for the Wildwood Crest Administrative Offices

 

WHEREAS, it is necessary for the day-to-day operation of the Borough of Wildwood Crest administrative offices to have a petty cash fund readily available; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to designate a custodian of the petty cash fund for the Wildwood Crest Administrative Offices;

 

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 Alicia A. Belansen, CFO, or Lauren Sedberry, Principal Account Clerk, Designee, be and they are hereby designated as the custodians of the petty cash fund for the Wildwood Crest Administrative Offices, said fund not to exceed the sum of $250.

 

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. 312-15

Resolution Designating Lt. Joseph McGrath of the Wildwood Crest Police Department as Custodian of the Petty Cash Fund for the Wildwood Crest Police Department

 

WHEREAS, it is necessary for the day-to-day operation of the Wildwood Crest Police Department to have a petty cash fund readily available; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to designate a custodian of the petty cash fund for the Wildwood Crest Police Department;

 

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 Lt. Joseph McGrath be and he is hereby designated as the custodian of the petty cash fund for the Wildwood Crest Police Department, said fund not to exceed the sum of $200.

 

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. 313-15

WHEREAS, there exists the need for the “Professional Services” of an attorney, to be retained by the Borough as a MUNICIPAL PROSECUTOR, for the performance of prosecutorial duties and related work in the Wildwood Crest Municipal Court; 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, RANDOLPH LAFFERTY, Esquire, of the law firm of Cooper Levenson has completed and submitted a Business Entity Disclosure Certification which certifies that  Randolph Lafferty, and Cooper Levenson Law Firm, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with RANDOLPH LAFFERTY, ESQUIRE, of the law firm of Cooper Levenson, who shall be compensated by voucher on the basis of a “not to exceed amount of $18,000 annually,” contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as upon the governing body appropriating sufficient funds in the 2015 Municipal Budget, 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 Municipal Prosecutor is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 314-15

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard to Municipal Public Defender

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to perform services on behalf of the municipality with regard to Public Defender duties; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of Municipal Public Defender; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that Andrew J. Cafiero, Esquire of the firm of Cafiero & Kaufmann, A Professional Association is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association has completed and submitted a Business Entity Disclosure Certification which certifies that Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract;

 

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

 

1.                   Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association is hereby retained as Municipal Public Defender to provide specialized professional services in the field of municipal public defender. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association for specialized professional services as Municipal Public Defender for a term commencing January 1, 2015 and terminating December 31, 2015, which contract shall provide for fees not to exceed $12,500.00 annually, contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

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

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 315-15

WHEREAS, the Wildwood Crest Police Department is desirous of having Recruit Lorenzo Plaza 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 Lorenzo Plaza 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 READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 316-15

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with POGUE SAFETY & HEALTH CONSORTIUM be and the same is hereby authorized and approved effective immediately and through December 31, 2015, for the express purpose of enabling said POGUE SAFETY & HEALTH CONSORTIUM to develop, schedule, and provide alcohol and drug testing services at a total cost of Fifty-Eight ($58.00) Dollars per employee trained, for all CDL (Commercial Driver’s License) operators employed by the Borough of Wildwood Crest; said compliance being required by the federally mandated CDL testing procedures which are made a part hereof by reference as if fully set forth.

 

BE IT FURTHER RESOLVED that the Mayor and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds below from the CFO.

 

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. 317-15

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 therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

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

 

          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 RALPH PETRELLA, P.E., of the firm of Van Note-Harvey Associates, 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, and the attached Agreement.  Said Engineer 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.

 

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. 318-15

WHEREAS, there exists the need for the “Professional Services” of an 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 Advisory Base Flood Elevations Maps and engineering services in conjunction with Sunset Lake and Army Corps of Engineers 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 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 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.

 

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. 319-15

WHEREAS, there exists the need for the “Professional Services” of an ANIMAL CONTROL OFFICER to be retained by the Borough for the performance of animal control, animal cruelty investigation, wildlife removal and road kill disposal services and related duties associated therewith, as well as the annual dog census, 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, SHORE ANIMAL CONTROL SERVICES, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that SHORE ANIMAL CONTROL SERVICES, LLC will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract, December 31, 2015.

 

          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 SHORE ANIMAL CONTROL SERVICES, LLC, who shall be compensated by voucher at the agreed upon rate (not to exceed $8,000, plus $3,000 for removal of wildlife, and $2.50 per dog for dog census), contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Animal Control Officer is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverage necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 320-15

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of computer technology support services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

          WHEREAS, South Jersey Technology Partnership has completed and submitted a Business Entity Disclosure Certification which certifies that South Jersey Technology Partnership will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 7, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with South Jersey Technology Partnership, who shall be compensated by voucher at the agreed upon rate of $10,000.00 per year for comprehensive remote network monitoring and administration services for 2015, contingent upon certification below from the Chief Financial Officer as to the availability of funds as well as the governing body setting sufficient funds in the 2015 municipal budget, 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 South Jersey Technology Partnership is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated

by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 321-15

WHEREAS, there exists the need for the “Professional Services” of a HEARING OFFICER, to be retained by the Borough for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

          WHEREAS, Steven Secare, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that he will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with Steven Secare, Esq. who shall be compensated by voucher at the agreed upon rate of $140.00 per hour, not to exceed $9,500 contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Hearing Officer is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

         

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 322-15

Authorizing Retention Via Professional Services Agreement

Of A Law Firm Specializing In Labor Relations

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations, and specifically excluding employment litigation for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that the law firm of Gruccio, Pepper, DeSanto & Ruth, P.A., of Vineland, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Gruccio, Pepper, DeSanto & Ruth, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that Gruccio, Pepper, DeSanto & Ruth, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 7, 2015 to any political committee or candidate through the term of this contract;

 

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

 

1.                   Gruccio, Pepper, DeSanto & Ruth, P.A. of Vineland, New Jersey is hereby retained as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, and employer-employee relations for the period January 1, 2015 through December 31, 2015. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time. Said services shall specifically exclude employment litigation, for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Gruccio, Pepper, DeSanto & Ruth, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 323-15

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations in an employee administrative proceeding and litigation; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations and litigation; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that William G. Blaney, Esquire,  of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that William G. Blaney, Esquire and Blaney & Donohue, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract;

 

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

 

1.                   William G. Blaney, Esquire of the law firm of Blaney & Donohue, P.A., of Wildwood, New Jersey is hereby retained as Special Counsel as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, employee disciplinary actions, and employer-employee relations and litigation for the period January 1, 2015 through December 31, 2015. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with William G. Blaney, Esquire, of the law firm of Blaney & Donohue, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations and litigation, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 324-15

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

 

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

 

          WHEREAS, Doreen Y. Corino, Esquire, has completed and submitted a Business Entity Disclosure Certification which certifies that Doreen Y. Corino, Esquire, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with DOREEN Y. CORINO, ESQUIRE, who shall be compensated by voucher at the agreed upon 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, and the attached Agreement.  Said Solicitor 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. Said contract is also awarded not in accordance with the open and fair process of the New Jersey Pay-to-Play Law, but all conditions required for the award, based upon the conditions set forth at N.J.S.A. 19:44A-1, et. seq., shall be met in order to permit said award.

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 325-15

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard Bond Counsel

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to assist the municipality with the selling of bonds, or bond anticipation notes, for financing the cost of the capital improvement program and for the rendering of legal opinions related thereto; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of municipal bonds; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that the firm of Hawkins, Delafield & Wood is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Hawkins, Delafield & Wood has completed and submitted a Business Entity Disclosure Certification which certifies that Hawkins, Delafield & Wood will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract;

 

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

 

1.                   Hawkins, Delafield & Wood is hereby retained as Bond Counsel to provide specialized professional services in the field of municipal bond work. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Hawkins, Delafield & Wood for specialized professional services as Bond Counsel for a term of one (1) year, which contract shall provide for fees to be calculated as set forth in the letter of Hawkins, Delafield & Wood dated December 17, 2014 and attached hereto, contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

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

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 326-15

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING, has submitted a proposal, to remove all scrap metal curbside from the Borough of Wildwood Crest, during hours specifically designated by the Borough of Wildwood Crest, at no cost to the Borough of Wildwood Crest; and

 

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING has indicated that she will provide to the Borough of Wildwood Crest written monthly reports of verification of tonnage and credits received in accordance therewith, on behalf of/for the Borough of Wildwood Crest, from the Cape May County Municipal Utilities Authority; and

 

WHEREAS, it is more cost effective to authorize acceptance of the proposal from TARA LAWSON t/a GREEN EARTH METAL RECYCLING as opposed to paying another scrap metal removal entity to perform said service; and

 

WHEREAS, the Superintendent of Public Works has provided a written opinion indicating that TARA LAWSON t/a GREEN EARTH METAL RECYCLING is the most “responsible bidder” for the curbside removal of scrap metal in the Borough of Wildwood Crest;

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the preamble hereto is repeated herein as if fully set forth, and the said proposal of TARA LAWSON t/a GREEN EARTH METAL RECYCLING, which is attached hereto and made a part hereof, is hereby accepted and approved, effective January 1, 2015 and terminating December 31, 2015.

 

BE IT FURTHER RESOLVED that said acceptance of proposal is conditioned upon submission by TARA LAWSON t/a GREEN EARTH METAL RECYCLING of the requisite certificate of insurance naming the Borough of Wildwood Crest as an additional insured, as well as execution and return to the Borough of a Hold Harmless Agreement indemnifying the Borough from and against any loss as a result of the services specified hereinabove being performed.

 

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. 327-15

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of Community Rating System (CRS) Consulting services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

 

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

 

          WHEREAS, SAL DeSIMONE has completed and submitted a Business Entity Disclosure Certification which certifies that SAL DeSIMONE will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2015.

 

          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 SAL DeSIMONE, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $4,000, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said SAL DeSIMONE is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 328-15

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH PLANNER, to be retained by the Borough for the development and submission of a planning assessment report, to include, but not be limited to: the review, analysis, and recommendations for the Borough’s Master Plan in conjunction with the existing Wildwood Crest Zoning Ordinance, as well as COAH requirements 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.

 

          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 CLARK CATON HINTZ who shall be compensated by voucher at the agreed upon hourly rates, not to exceed the sum of $5,000, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Proposal dated December 17, 2014.  Said Planner 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 Gazette-Leader 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. 329-15

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

 

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

 

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

 

          WHEREAS, all work required of PHOENIX ADVISORS, LLC, under contract dated August 12, 2014 has been completed; and

 

          WHEREAS, PHOENIX ADVISORS, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Phoenix Advisors, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with PHOENIX ADVISORS, LLC, who shall be compensated by voucher at the agreed upon rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds at a not to exceed amount of $3,000, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Auditor is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed

by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 330-15

WHEREAS, there exists the need for the “Professional Services” of a COST REPORTING AND REIMBURSEMENT SPECIALIST, to be retained by the Borough for the performance of preparation of fixed assets accounting and reporting system and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

          WHEREAS, 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 Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with TAG CONSULTING GROUP, who shall be compensated by voucher at the agreed upon rates, not to exceed $1,000.00, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Engineer 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.

 

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. 331-15

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

 

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

 

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

 

          WHEREAS, Michael S. Garcia, RMA, of the firm of Ford Scott Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Michael S. Garcia, RMA, and the firm of Ford Scott Associates, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2015 to any political committee or candidate through the term of this contract.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with MICHAEL S. GARCIA, RMA, of the firm of Ford Scott Associates, LLC, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as the governing body setting sufficient funds in the 2015 Municipal Budget, in accordance with the proposal dated December 17, 2014, attached hereto, at a not to exceed amount of $33,700, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Auditor is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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

 

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 332-15

RISK MANAGEMENT CONSULTANT

ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, has resolved to join Atlantic County Municipal Joint Insurance Fund, a self insurance pooling fund, following a detailed analysis; and

 

WHEREAS, the by-laws of said Fund require that each municipality appoint a RISK MANAGEMENT CONSULTANT to perform various professional services as detailed in the by-laws as well as other “insurance broker of record duties”, including but not limited to the authorized placement of independent statutory bonds, flood and health insurance policies; and

 

WHEREAS, the by-laws indicate a fee not to exceed six (6%) percent of the municipal assessment, which expenditure represents reasonable compensation for the services required and was included in the cost considered by the Board of Commissioners; and

 

WHEREAS, the judgmental nature of the RISK MANAGEMENT CONSULTANT’s duties renders comparative bidding impractical; and

 

WHEREAS, the Commissioner of Revenue and Finance has determined that J. BYRNE AGENCY is best qualified to provide the services specified herein; and

 

WHEREAS, said award of Professional Services Contract is in excess of $17,500.00 and, on this basis, is subject to the provisions of N.J.S.A. 19:44A-20.4, et. seq. (a/k/a Local Unit Pay-To-Play Law);

 

WHEREAS, J. BYRNE AGENCY has completed and submitted a Business Entity Disclosure Certification which certifies that said firm has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1, et. seq., that, pursuant to P.L. 2004, c. 19, would bar the award of this contract in the one year period preceding January 1, 2015 to any political committee or candidate of which any member of the governing body is otherwise affiliated.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that it does hereby appoint J. BYRNE AGENCY as its RISK MANAGEMENT CONSULTANT  AND INSURANCE BROKER OF RECORD for the period commencing January 1, 2015 and terminating effective December 31, 2015 at the rate of compensation equal to FOUR AND ONE-HALF PERCENT (4½%) of the Borough’s annual assessment; all of which is contingent upon adequate budgetary provision being made by the governing body in fiscal year 2015, is in accordance with the full provisions of the Consultant’s Agreement, and the provisions of N.J.S.A. 40A:11-5.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized and directed to execute the Consultant’s Agreement annexed hereto, which agreement is made a part hereof by reference as if fully set forth, and to cause a notice of this decision to be published as required by N.J.S.A. 40A:11-5(1), (a), (i).

 

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. 333-15

WHEREAS, Mayor Carl H. Groon has determined to re-appoint BRIAN MELCHIORRE, Assistant Code Enforcement Officer, as Class II Member of the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the re-appointment by Mayor Groon of BRIAN MELCHIORRE as Class II Member of the Planning Board of the Borough of Wildwood Crest;

 

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

 

                1.             That the re-appointment of BRIAN MELCHIORRE, Assistant Code Enforcement Officer, by Mayor Carl H. Groon as Class II Member of the Planning Board of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified effective immediately, with the expiration of the term of appointment being December 31, 2015.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 334-15

WHEREAS, the term of HARRY MITCHELL as a member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2014; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint HARRY MITCHELL to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that HARRY MITCHELL be and he is hereby re-appointed as a member of the PLANNING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2015, and expiring December 31, 2018.

 

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. 335-15

WHEREAS, the term of FRED METTLER as a Alternate No. 2 member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2014; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint FRED METTLER to this position; and

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that FRED METTLER be and he is hereby re-appointed as Alternate No. 2 member of the PLANNING BOARD of the Borough of Wildwood Crest for a one (2) year term commencing January 1, 2015, and expiring December 31, 2016.

 

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. 336-15

WHEREAS, the term of PETER COMPARE as a Member of the ZONING BOARD of the Borough of Wildwood Crest expired December 31, 2014; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint PETER COMPARE to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that PETER COMPARE be and he is hereby re-appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term, commencing January 1, 2015, and expiring December 31, 2018.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 337-15

WHEREAS, the term of HERBERT HORNSBY as a Member of the ZONING BOARD of the Borough of Wildwood Crest expired December 31, 2014; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint HERBERT HORNSBY to this position;

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that HERBERT HORNSBY be and he is hereby re-appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2015 and expiring December 31, 2018.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 338-15

WHEREAS, the term of PAULINE LEVY as Alternate No. 2 member of the ZONING BOARD of the Borough of Wildwood Crest expires December 31, 2014; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to re-appoint PAULINE LEVY to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that PAULINE LEVY be and she is hereby appointed as Alternate Member No. 2 of the ZONING BOARD of the Borough of Wildwood Crest for a two (2) year term, commencing effective immediately, and expiring December 31, 2016.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 339-15

WHEREAS, the term of BRIAN STUART as a Member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest shall expire December 31, 2014; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint BRIAN J. STUART as a Member of the ENVIRONMENTAL COMMISSION of 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, that BRIAN J. STUART be and he is hereby re-appointed as a Member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest for a three (3) year term, commencing January 1, 2015 and expiring December 31, 2017.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 340-15

WHEREAS, the term of MARY CELEBRE as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest shall expire December 31, 2014; and

 

WHEREAS, Board of Commissioners of the Borough of Wildwood Crest, wish to re-appoint MARY CELEBRE to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that MARY CELEBRE be and she is hereby re-appointed as a member of the ENVIRONMENTAL COMMISSION of the Borough of Wildwood Crest for a three (3) year term commencing January 1, 2015, and expiring December 31, 2017.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 341-15

WHEREAS, the term of STEVE TECCO as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest will expire December 31, 2014; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint STEVE TECCO as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that STEVE TECCO be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2015, and expiring December 31, 2016.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing resolution be adopted.

Vote:          Gould – No          Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 342-15

WHEREAS, the term of ROBERT PATTERSON as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest will expire December 31, 2014; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint ROBERT PATTERSON as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that ROBERT PATTERSON be and he is hereby re-appointed as a member of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2015, and expiring December 31, 2016.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing resolution be adopted.

Vote:          Gould – No          Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 343-15

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 JEFF WALDEN, 6101 New Jersey Avenue, Wildwood Crest, New Jersey be, and he is hereby appointed the private citizen representative of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term of one (1) year commencing effective January 1, 2015 and terminating December 31, 2015.

 

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

Vote:          Gould - Cabrera – Groon – Yes

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

Vote:          Gould - Cabrera – Groon – Yes

 

The Mayor opened the floor for public commentary.  Borough Engineer, Ralph Petrella, thanked the Board of Commissioners for the re-appointment.  After no further comments from the public, the Mayor opened the Discussion topics and indicated that he had nothing to add to either old or new discussion topics.  Commissioner Cabrera indicated that Borough Work Hours (under New Business) was previously discussed last year and the Mayor indicated it should move to Old Business and it should also be referred to as Borough Work Hours / Meeting Dates.  Commissioner Cabrera also indicated that all the New Business topics should in fact be moved to Old Business and the Mayor and Commissioner Gould agreed.

 

The Mayor once again opened the floor for public commentary.  Nancy Pietropaoli, 6002 Seaview Avenue, inquired about the status / timeline of the library.  The Mayor indicated that the County is anticipating the base building to be done pre-summer.  He further indicated the library could possibly be open by September. 

 

After hearing nothing further from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned at 9:50 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

                  

 

Dated:

Janelle M. Holzmer, Borough Clerk

                                                                       

MINUTES OF MEETINGS INDEX