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Minutes of Commissioners Meeting   -   January 21, 2015

Note:  Complete Meeting Appears on CD #02-15 on File in the Borough Clerk's Office. January 21, 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 7:00 p.m.  On roll call the following answered to their names:

 

Gould –Absent       Cabrera – Groon – Yes

 

Mrs. Gould requested the minutes to reflect that she was absent due to recuperating from surgery.

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing and same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

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

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1205

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST; AMENDING SECTION 32A-5, ADDITIONAL FEES; AND AMENDING ORDINANCE NO. 1167 ADOPTED MAY 8, 2013 AND ORDINANCE NO. 1190 ADOPTED APRIL 30, 2014

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1205 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 4, 2015 at 9:30 a.m.

 

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1206

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 8, BEACHES, SECTION 8-6, ESTABLISHMENT OF RULES AND REGULATIONS, SUBSECTIONS Q(5) AND Q(10), AND SECTION 8-7, PROTECTION OF BEACHES AND DUNES, OCEANFRONT MANAGEMENT PLAN AND STANDARDS, SUBSECTION F(1)(a), OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1159 ADOPTED FEBRUARY 27, 2013 AND ORDINANCE NO. 1173 ADOPTED AUGUST 7, 2013

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1206 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 4, 2015 at 9:30 a.m.

 

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1207

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE", FIXING AND DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1207 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 4, 2015 at 9:30 a.m.

 

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1208

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 35, FIRE PREVENTION, ARTICLE I, STANDARDS, AND ARTICLE II, SMOKE DETECTORS AND CARBON MONOXIDE ALARMS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 532 ADOPTED OCTOBER 3, 1978, ORDINANCE NO. 557 ADOPTED SEPTEMBER 10, 1980, AND ORDINANCE NO. 1028 ADOPTED MARCH 21, 2007

 

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1208 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, February 4, 2015 at 9:30 a.m.

 

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 344-15

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of Community and Economic Development 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, TRIAD ASSOCIATES has completed and submitted a Business Entity Disclosure Certification which certifies that TRIAD ASSOCIATES 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 TRIAD ASSOCIATES, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $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 Agreement.  Said TRIAD ASSOCIATES 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.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 345-15

WHEREAS, on January 7, 2015, the Board of Commissioners of the Borough of Wildwood Crest adopted Resolution No. 328-15 authorizing an award of contract for Borough Planner to Clark Caton Hintz; and

 

WHEREAS, said Resolution was adopted in error;

 

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 Resolution No. 328-15 adopted January 7, 2015 is hereby rescinded.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 346-15

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 THOMAS J. SCANGARELLO of SCANGARELO, LLC 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 10, 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.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 347-15

WHEREAS, Borough of Wildwood Crest Ordinance No. 1181, adopted December 11, 2013, has approved and confirmed rates and fees for the rental of facilities, participation in certain events and activities, and for the development and implementation of other requirements appertaining thereto; and

 

WHEREAS, the fee schedule for “parking meter charges” throughout the Borough, in accordance with the provisions of the aforesaid Ordinance and any amendments related thereto, does provide for a PER HOUR, NOT TO EXCEED AMOUNT OF ONE DOLLAR FIFTY CENTS ($1.50); and

 

WHEREAS, it is the desire of the Board of Commissioners to establish precise fees to be charged in accordance with the foregoing limit set, for calendar year 2015.

 

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

 

                2.  That the precise fee schedule, with corresponding locations, for parking meter charges be and the same is hereby established as follows:

 

The following street or streets will be $1.50 per hour (10 minutes for each quarter deposited):

 

All parking at any location east of the easterly side of Atlantic Avenue to the Atlantic Ocean, either north-south or east-west, shall be permitted only in properly marked, designated metered parking spaces.

 

The following street will be $1.00 per hour (15 minutes for each quarter deposited):

 

All parking at any location on Atlantic Avenue (designated “reduced rate zone”) as outlined in Ordinance No. 1181, on the east or west side of said street, and shall be permitted only in properly marked, designated metered parking spaces.

 

                3.  The hours and periods of operation of parking meters in the Borough of Wildwood Crest shall be 8:00 A.M. to 10:00 P.M. daily, commencing May 15, 2015 through September 12, 2015.

 

                4.  That the designated officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered and directed to charge/collect fees in accordance with the schedule set forth hereinabove.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 348-15

WHEREAS, the Borough of Wildwood Crest (hereinafter “Borough”), as a contracting unit, may, without advertising for bid, purchase any materials, supplies or equipment from State Contract Vendors which have contracted with the State of New Jersey, Department of Treasury, Division of Purchase and Property, pursuant to the provisions of N.J.S.A. 40A:11-12; and

 

WHEREAS, the contracts awarded under a State Cooperative Purchasing contract that are in excess of the contracting unit’s bid threshold shall be made by resolution of the governing body; and

 

WHEREAS, the Borough wishes to authorize purchases under the State Cooperative Purchasing contract subject to all the conditions applicable to the current State Contract.

 

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 this Resolution shall constitute an authorization to purchase under the State Cooperative Purchasing contract, subject to all conditions applicable to the current State Contract.

 

BE IT FURTHER RESOLVED, pursuant to the rules of the Local Finance Board of the State of New Jersey, that no amount of these contracts shall be chargeable until such time as materials, supplies or equipment are ordered and a certification of availability of funds is made by the Chief Financial Officer.

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2015 or upon expiration of a particular vendor’s State Contract, whichever event first occurs.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 349-15

WHEREAS, it is the desire of the governing body that all employees of the Borough of Wildwood Crest have made available to them the opportunity to be vaccinated for the Hepatitis-B virus; and

 

WHEREAS, in order for further said vaccination of all employees of the Borough of Wildwood Crest who so desire to be vaccinated, it is necessary that an Agreement be entered into between the Borough of Wildwood Crest and Cape Regional Medical Center Employee Health and Wellness Center;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the Mayor and Borough Clerk be, and they are hereby authorized and empowered to execute an Agreement  with Cape Regional Medical Center Employee Health and Wellness Center to provide for vaccination of all employees of the Borough of Wildwood Crest who desire to be vaccinated against Hepatitis-B virus, at the individual rate of $145 per employee.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 350-15

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

            WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2015 property taxes and/or utility payments; and

 

                WHEREAS, an overpayment was created for the reason listed below, and

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

146-1                                     Bradley, James & Tami                                                                     Amount

2015 Tax                               8600 Pacific Ave                                                                              $810.07

                                                Title Company & Homeowners

                             both paid 2015 1st quarter taxes.

                                                Refund overpayment to Bradley, James & Tami          

 

                NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

January 21, 2015.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 351-15

WHEREAS, on December 16, 2014 , JAMES R. BROWN , JIM'S MR. SOFTEE OF CAPE MAY COUNTY LLC , 40 Woodland Ave., Villas, NJ 08251 , submitted a new application for a 2015 Ice Cream Peddling License along with payment of the mercantile license fee of six hundred seventy dollars ($ 670 ); and

                                                                                                                                                         

WHEREAS, as per section 40-19 of the Code of the Borough of Wildwood Crest, the number of Ice Cream Truck Peddling Licenses is limited to seven (7); and

 

WHEREAS, after acceptance of applications for the year 2015 no license has become available for JAMES R. BROWN, JIMS’S MR. SOFTEE OF CAPE MAY COUNY LLC; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and she is hereby authorized and directed to cause a refund in the amount of six hundred seventy dollars ($670) to be made to JAMES R. BROWN, JIM'S MR. SOFTEE OF CAPE MAY COUNTY LLC, 40 Woodland Ave., Villas, NJ 08251 for the reason set forth hereinabove.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 352-15

WHEREAS, on December 19, 2014, Dorothy R. Lacey, 1307 Idaho Avenue, Cape May, New Jersey 08204, paid the sum of $18.00 for two adults and two children to participate in open swim at the Joseph Von Savage Memorial Pool; and

 

WHEREAS, Ms. Lacey has indicated that the water temperature on that day was too cold to swim, and the two adults and two children left the pool; and

 

WHEREAS, Dorothy R. Lacey has requested a refund of the $18.00 paid for the open swim on December 19, 2014;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund in the amount of Eighteen ($18.00) Dollars to Dorothy R. Lacey, 1307 Idaho Avenue, Cape May, New Jersey 08204.

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

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

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

Mr. Cabrera motioned, seconded by Mr. Groon, that all reports received from the Court Administrator, CFO, Tax Collector, and the Wildwood Crest Police Department for the month ending December 31, 2014 be accepted as presented.

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

Mr. Cabrera motioned, seconded by Mr. Groon, that the minutes of Commission meetings held December 23, 2014 and January 7, 2015, as well as the closed session minutes of December 23, 2014 be approved as presented.

Vote:           Gould - Absent            Cabrera – Groon – Yes

 

The Mayor opened the floor for public commentary.  After hearing nothing from the public, Commissioner Cabrera had asked that the Board discuss the possibility of a having a dog park after a number of residents presented a signed petition.  The Mayor pointed out that since Commissioner Gould was absent that this should be discussed at the next meeting. 

 

Both the Mayor and Commissioner Cabrera had nothing to discuss regarding old business.  The Mayor then opened the floor again for public commentary. 

 

After hearing nothing further from the public, the Mayor motioned, seconded by Mr. Cabrera, that the meeting be adjourned at 7:13 p.m.

Vote:           Gould - Absent            Cabrera – Groon – Yes

                  

 

Dated: February 18, 2015 __________________________________

Janelle M. Holzmer, Borough Clerk

                                                                                                                                                          

MINUTES OF MEETINGS INDEX