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Minutes of Commissioners Meeting   -   March 18, 2015

Note:  Complete Meeting Appears on CD #06-15 on File in the Borough Clerk's Office. March 18, 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 – 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. 1212 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. 1212

AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER 36A, FOOD SALES FROM VEHICLES, AND AMENDING AND SUPPLEMENTING CHAPTER 40, LICENSES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ARTICLE II, PEDDLING AND SOLICITING OF ICE CREAM PRODUCTS, AND AMENDING ORDINANCE NO. 447 ADOPTED FEBRUARY 14, 1973, ORDINANCE NO. 572 ADOPTED JUNE 1, 1982, ORDINANCE NO. 498 ADOPTED NOVEMBER 10, 1976, ORDINANCE NO. 1055 ADOPTED FEBRUARY 6, 2008

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1212.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1212 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1212 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. 1213 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. 1213

AN ORDINANCE CONCERNING ABANDONED PROPERTY

AND BUILDINGS UNFIT FOR HABITATION, OCCUPANCY OR USE

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1213.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1213 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1213 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS RESOLUTION NO. 359-15 AUTHORIZING APPROVAL OF THE CY2015 MUNICIPAL BUDGET ADOPTED ON FEBRUARY 18, 2015

 

SUBJECT:  LOCAL BUDGET OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, FOR THE FISCAL YEAR 2015

 

BE IT RESOLVED that the following statements of revenue and appropriations shall constitute the local budget for the year 2015.

 

BE IT FURTHER RESOLVED that said budget be published in The Cape May County Herald issue of March 4, 2015.

 

NOTICE is hereby given that the budget and tax resolution were approved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey on February 18, 2015.

 

A hearing on the budget and tax resolution will be held in the Municipal Court Room in Borough Hall on Wednesday, MARCH 18, 2015 AT 7:00 P.M., Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, at which time and place objections to said budget and tax resolution for the year 2015 may be presented by taxpayers and other interested persons.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 365-14

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

 

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

 

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5, the Borough of Wildwood Crest has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Wildwood Crest meets the necessary conditions to participate in the program for the 2015 budget year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

 

1.  That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

 

                                a.  Payment of interest and debt redemption charges

                                b.  Deferred charges and statutory expenditures

                                c.  Cash deficit of preceding year

                                d.  Reserve for uncollected taxes

                                e.  Other reserves and non-disbursement items

                                f.  Any inclusions of amounts required for school purposes

 

                2.  That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3, et. seq., are fully met (Complies with the “CAP” law).

 

                3.  That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

 

                4.  That pursuant to the Local Budget Law:

 

                                a.  All estimates of revenue are reasonable, accurate, and correctly stated,

                                b.  Items of appropriation are properly set forth,

                                c.  In itemization, form, arrangement, and content the budget will permit the exercise of the

                                comptroller function within the municipality.

 

                5.  The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of NJ.S.A. 40A:4-5 shall not prevent such certification.

 

                6.  That all other applicable statutory requirements have been fulfilled.

 

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Director of the Division of Local Government Services.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 366-14

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget be read by title only at the time of the public hearing if a Resolution is passed by not less than a majority of the full membership of the governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget is advertised, has been posted on the bulletin board in Borough Hall, and copies have been made available by the Borough Clerk to persons requiring them on a daily basis thereafter, including the date and time of the actual public hearing held as a result thereof; and

 

WHEREAS, these required conditions have been made;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey, that the municipal budget of the Borough of Wildwood Crest be read by title only.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

After hearing no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera that the public hearing now be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 367-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorizations of the below amount of $14,698,321.75 for municipal purposes.

 

BE IT FURTHER RESOLVED that the summary of revenues for inclusion in the 2015 MUNICIPAL BUDGET be and the same are as follows:

               

                GENERAL REVENUES

                                Surplus Anticipated                                                                             $     1,600,000.00

                                Miscellaneous Revenues Anticipated                                                     6,623,151.77

                                Receipts from Delinquent Taxes                                                                 400,000.00

                AMOUNT TO BE RAISED BY TAXATION FOR

                MUNICIPAL PURPOSES                                                                                       14,698,321.75

                                                                           TOTAL REVENUES                     $            23,321,473.52

 

BE IT FURTHER RESOLVED that the summary of appropriations for inclusion in the 2015 MUNICIPAL BUDGET be and the same are as follows:

 

                GENERAL APPROPRIATIONS

                                Within “CAPS”

                                                (a&b)  Operations including Contingent                         $   12,760,514.00

(e)        Deferred Charges and Statutory                         

                                                           Expenditure – Municipal                                              1,207,840.00 

                                Excluded from “CAPS”

                                                (a)       Operations - Total Operations

                                                           Excluded from “CAPS”                                                3,668,144.87

                                                (c)       Capital Improvements                                                   2,198,000.00

                                                (d)       Municipal Debt Service                                                2,517,925.00

                                                (e)       Deferred Charges – Municipal                                         160,000.00

                                                (m)      Reserved for Uncollected Taxes                                     809,049.65

 

                                                                      TOTAL APPROPRIATIONS                      $   23,321,473.52

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 368-14

WHEREAS, on March 12, 2014 by Resolution No. 87-14, the Board of Commissioners of the Borough of Wildwood Crest authorized an award of contract to Lawrence Zitto for Bicycle Concession No. 3 located at Heather Road and the beach for calendar years 2014, 2015, 2016 and 2017; and

 

WHEREAS, the current lease agreement prohibits Lessee from installing or placing any storage sheds or structures on the site; and

 

WHEREAS, the Lessee has requested that the governing body permit him to place a temporary movable bike storage facility to be utilized by Lessee only at Lessee’s sole cost and expense for storage of surrey bicycles that cannot be adequately stored on the on-site location of Bicycle Concession No. 3;

 

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

 

                1.             That the preamble hereto is incorporated herein as if fully set forth.

 

                2.             That a temporary, moveable storage facility (approximately 8’ x 20’) can be placed by Lessee, at Lessee’s sole cost and expense, at the site directly across from Bicycle Concession No. 3 location, which site shall be determined by the Board of Commissioners, who shall also approve the proposed storage facility. The use of the storage facility shall be limited to storage of bicycles owned by Lessee, rented by Lessee at Bicycle Concession No. 3 only, and that the temporary storage facility may be placed on the site for use for the period May 1, 2015 through October 1, 2015 only.

 

                3.             Lessee shall be solely responsible for all costs associated with the placement and removal of the temporary storage facility, and shall be solely liable for the cost of any and all insurance or other expenses for the facility and the contents thereof belonging to Lessee, and Lessee shall provide an indemnification and hold harmless agreement to the Borough of Wildwood Crest for same. Lessee shall provide proof of insurance coverage for the facility and the contents thereof to the Borough Clerk prior to the placement of the facility.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 369-14

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 preparation of the Borough Tax Map 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 RALPH PETRELLA, P.E., of the firm of Van Note-Harvey Associates, 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 the not to exceed sum of $8,975.00 as set forth in a proposal dated March 5, 2015, attached hereto, 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.   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 READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 370-14

WHEREAS, there exists the need for the “Professional Services” of a NETWORK SUPPORT / INFORMATION TECHNOLOGY SPECIALIST, to be retained by the Borough for all Police Department hardware and software systems for internal operation 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, Richard Graver dba Media Passport 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 Richard Graver dba Media Passport, who shall be compensated by voucher at the agreed upon rate of $120.00 per hour, not to exceed $5,500, 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 Network Support / Information Technology Specialist 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 READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 371-14

WHEREAS, there exists the need for the “Professional Services” of a LAW ENFORCEMENT ACCDREDITATION CONSULTANT, to be retained by the Borough provide assistance with the NJSACOP Accreditation Program as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Proposal dated October 7, 2014 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, Christopher J. Winter Sr., CPM, CSA 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 an agreement with Christopher J. Winter Sr., CPM, CSA, who shall be compensated by voucher at the agreed upon rate not to exceed $5,400.00, 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 Network Support / Information Technology Specialist 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 READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 372-14

Authorizing Execution of an Interlocal Services Agreement

by and between the Borough of Wildwood Crest and

the Wildwood Crest Volunteer Fire Company No. 1, the

Township of Lower, and the Erma Volunteer Fire Company, Station 62,

Fire District No. 3

 

WHEREAS, the geographical area of the Township of Lower known as “Diamond Beach” is contiguous with the Borough of Wildwood Crest; and

 

WHEREAS, the Township of Lower and the Erma Volunteer Fire Company, Station 62, Fire District No. 3 have requested assistance from the Borough of Wildwood Crest for fire protection services in the Diamond Beach section of the Township of Lower; and

 

WHEREAS, it is in the best interest of the citizens of both the Borough of Wildwood Crest and the Township of Lower to enter into a joint agreement for the furnishing of fire protection services; and

 

WHEREAS, it is the desire of the Board of Commissioners, pursuant to the provisions of N.J.S.A. 40:8A-1, et. seq., to enter into said Interlocal Services Agreement with Wildwood Crest Volunteer Fire Company No. 1, the Erma Volunteer Fire Company, Station 62, Fire District No. 3 to provide fire protection services in the Diamond Beach section of the Township of Lower;

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, does hereby authorize the Mayor and Borough Clerk to execute said Interlocal Services Agreement with the Wildwood Crest Volunteer Fire Company No. 1, the Erma Volunteer Fire Company, Station 62, Fire District No. 3 to provide fire protection services in the Diamond Beach section of the Township of Lower, and any other documents necessary in connection therewith.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 373-14

WHEREAS, pursuant to Borough of Wildwood Crest Resolution No. 317-15, adopted January 7, 2015, the Borough of Wildwood Crest has entered into an Agreement with Ralph Petrella, P.E., to provide engineering services to the Borough of Wildwood Crest for the period January 1, 2015 through December 31, 2015; and

 

WHEREAS, the borough of Wildwood Crest has applied to the State of New Jersey Department of Community Affairs Small cities Program for funding for the project known as “Pacific Avenue ADA Improvements;” and

 

WHEREAS, the State of New Jersey Department of Community Affairs Small Cities Program requires that a contract specific to the project be entered into between the Borough of Wildwood Crest and the Engineer;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of 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 Ralph Petrella, P.E., of the firm of Van Note-Harvey Associates in compliance with the requirements of the State of New Jersey Department of Community Affairs Small Cities Program specifically for the project known as “Pacific Avenue ADA Improvements.”

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 374-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of March 25, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, April 7, 2015 AT 11:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

PACIFIC AVENUE ADA COMPLIANT ACCESS IMPROVEMENTS

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 375-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of March 25, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, April 7, 2015 AT 11:30 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

RECONSTRUCTION OF BUTTERCUP ROAD

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 376-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of March 25, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, April 7, 2015 AT 10:30 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

ATLANTIC AVENUE PARKING LOT

IMPROVEMENTS (COUNTY LIBRARY)

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 377-14

WHEREAS, Section 40-16, et. seq., of the Code of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, sets forth the pertinent law regarding the issuance of licenses to persons, firms or corporations desiring to engage in the peddling and soliciting of ice cream products within the Borough of Wildwood Crest; and

 

WHEREAS, certain Licenses, for which applications have been filed for the vending of Ice Cream Products during the calendar year 2015, are now available.

 

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

 

That based upon applications having been received and a review of the qualifications of the applicants for said licenses having been made, said Licenses for the balance of calendar year 2015 be and the same are hereby granted unto the following seven (7) persons, firms or corporations:

 

 

 

                NAME                                                                                                                   ADDRESS

 

1.     Kathleen Healy                                                                                    13 Wakefield Place

      d/b/a Yankee Doodle Ice Cream                                               North Cape May, NJ 08204

 

2.     Elizabeth Aubrey                                                                                 129 East Davis Ave.

d/b/a Aubrey’s Ice Cream LLC                                                        Wildwood, NJ 08260

                                                                                               

3.     Mark Anthony Macik                                                                        1811 Glenbrook Ave.

      d/b/a Carousel Ice Cream                                                           Lancaster, PA 17603

 

4.     William Jeffrey Angelo                                                                       217 W. Buttercup Rd.

d/b/a Chilly Willy’s Ice Cream                                                         Wildwood Crest, NJ 08260

                                                                                               

5.     Wayne Aubrey                                                                                     85 New Freedom Road

d/b/a Monster Cone LLC                                                                  Berlin, NJ 08009

(Veteran Preference)

 

6.     Nicholas Christian Rogalski                                                              112 E. Morning Glory Rd.

d/b/a Big Top Ice Cream, LLC                                                         Wildwood Crest, NJ 08260                                                              

7.     Armen Avetisyan                                                                                202 E. Maryland Ave.                       

d/b/a A&T Ice, LLC                                                                           Rio Grande, NJ 08242

                                                                      

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 378-14

WHEREAS, the State of New Jersey has created a voluntary program to certify firefighters; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has reviewed, discussed and voted to participate in said program;

 

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 the Fire Chief of the Wildwood Crest Volunteer Fire Company No. 1 be and is hereby appointed as the authorized signatory to sign any documents necessary to implement the Firefighter Certification Program in the Wildwood Crest Volunteer Fire Company No. 1.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 379-14

WHEREAS, on February 24, 2015 , the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA) , 20 Bear St. , Washoe Valley, NV 89704 , applied for a Special Events Permit for the purpose of a BEACH LAND SAILING event   to be held from April 16-19, 2015 ,  from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH ; and

                                                                                                                                                         

WHEREAS,  the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA), 20 Bear St., Washoe Valley, NV 89704, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA) , 20 Bear St., Washoe Valley, NV 89704 for the purpose of a BEACH LAND SAILING event to be held on April 16-19, 2015 , from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 380-14

WHEREAS, on March 6, 2015 , SANDMAN SCHOOL , 838 Seashore Rd. , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a SIXTH GRADE BEACH DAY   to be held on June 3, 2015 with a rain date of June 4, 2015 ,  from 9:30 a.m. to 1:30 p.m., on the BEACH AT RAMBLER RD. ; and

                                                                                                                                                         

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY to be held on June 3, 2015 with a rain date of June 4, 2015, from 9:30 a.m. to 1:30 p.m., on the BEACH AT RAMBLER RD.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 381-14

WHEREAS, on March 3, 2015 , the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , P.O. Box 1358 , Westport, WA 98595 , applied for a Special Events Permit for the purpose of a KITE BUGGY EVENT   to be held from April 14-19, 2015 ,  from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH ; and

                                                                                                                                                         

WHEREAS,  the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA), P.O. Box 1358, Westport, WA 98595 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , P.O. Box 1358, Westport, WA 98595 for the purpose of a KITE BUGGY EVENT to be held from April 14-19, 2015, from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 382-14

WHEREAS, on March 10, 2015 , DENISE CARUSI and HOWARD LECONEY , 365 Corson Lane , Erma, NJ 08204 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 19, 2015 ,  from 2:00 p.m. to 4:00 p.m., on the HEATHER RD BEACH PIER ; and

                                                                                                                                                         

WHEREAS,  DENISE CARUSI and HOWARD LECONEY, 365 Corson Lane, Erma, NJ 08204, have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  DENISE CARUSI and HOWARD LECONEY , 365 Corson Lane, Erma, NJ 08204 for the purpose of a WEDDING to be held on June 19, 2015, from 2:00 p.m. to 4:00 p.m., on the HEATHER RD BEACH PIER.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 383-14

 

WHEREAS, on March 12, 2015 , the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION , 121 W. Forget-Me-Not Rd. , Wildwood Crest, NJ  08260 , applied for a Special Events Permit for the purpose of the  "DO IT FOR DOUG BUDDY WALK"  to be held on April 18, 2015 , from 9:00 a.m. to 11:30 a.m., at CENTENNIAL PARK and the BIKE PATH, with  turnaround at CARDINAL and ASTER RDS ; and

                                                                                                                                                         

WHEREAS,  the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION, 121 W. Forget-Me-Not Rd., Wildwood Crest, NJ  08260 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION , 121 W. Forget-Me-Not Rd., Wildwood Crest, NJ  08260 for the purpose of the  "DO IT FOR DOUG BUDDY WALK"  to be held on April 18, 2015, , from 9:00 a.m. to 11:30 a.m., at CENTENNIAL PARK and the BIKE PATH, with  turnaround at CARDINAL and ASTER RDS.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector, and the Wildwood Crest Police Department for the month ending February 28, 2015 be accepted as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that the minutes of Commission Meetings held February 18, 2015 and March 5, 2015 be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor opened the floor for public commentary.  Ronald Becker, WCPD, 6101 Pacific Avenue, Wildwood Crest addressed the Board of Commissioners and other residents.  Mr. Becker informed all that he is currently a Corporal, and a 19 year member of the Wildwood Crest Police Department.  His statement read: “The members of the Wildwood Crest Police Department are hard working, dedicated professionals who enjoy serving citizens of Wildwood Crest.  Our officers are highly trained, motivated, and willing to go beyond the norm to make Wildwood Crest a safer place to live and vacation.  Our officers are proud to work for the Wildwood Crest Police Department and we, as a department, are moving forward in a positive way.”  He also noted that the statement was supported by the entire department, including Lt. McGrath and Director Taylor.

 

Nancy Pietropaoli, 6002 Seaview Avenue, inquired about library parking and how many spaces would be available.  The Mayor indicated the final plan was being worked on and approximately 20 spots would be connected to the library (14 across the street and 6 in the street).  Ms. Pietropaoli asked if the parking would be free for the library and the Mayor indicated that they were trying to accomplish that. 

 

Michael Hawthorne, 102 East Preston Avenue, enjoyed working so much with the officers.  He indicated he received a letter from County Counsel about Judge Johnson’s order and he indicated he was unsure if that comes from the Board as a whole or from Ms. Corino.  He asked for clarification.  The Mayor indicated that Judge Johnson would be the one to ask. The Mayor indicated the Judge ruled he is reviewing all of the information and the Borough has supplied all the requested documents.  The Solicitor reiterated that Judge Johnson has yet to make a ruling and the Mayor indicated he would not make any comment until hearing from Judge Johnson. 

 

Tom Hunt, 210 E. Charleston Avenue, wished the Borough Clerk good luck in retirement.  He wanted to clarify that he supports and thanks the Wildwood Crest Police Department.  Mr. Hunt inquired about the timeline of finding the next Chief.  The Mayor contended it is being worked on with the Director and it will be done as expeditiously as possible.  Mr. Hunt inquired about the former Chief of Police’s retirement date, contract, and second job with the County Police Academy and the Mayor responded that he would need to review the contracts before commenting.  The Solicitor had a rebuttal to Mr. Hunt and indicated there were many personal agendas.

 

Diana Gant Brunell, 110 E. Palm Road, asked the Solicitor to clarify the personal agenda comment.  The Solicitor indicated the tax payers bear the burden of a lot of litigation that she contends is unnecessary and it is filed to promote a personal agenda. 

 

Michael Hawthorne, 102 East Preston Avenue, expressed disappoint over hearing news about the memo despite the allegations he brought forth. 

 

Barb Hunt, 210 E. Charleston Avenue, asked Commissioner Gould if she saw the memo in question.  Commissioner Gould indicated she did not.  Ms. Hunt then asked if she authorized the CFO to allow the extension of time into the following year.  Commissioner Gould indicated she couldn’t say for sure, but did not recall.  Ms. Hunt then asked Commissioner Cabrera the same questions.  Commissioner Cabrera indicated that it was his first time seeing the memo and also indicated that he did not authorize the extension of time into the following year.  Ms. Hunt then addressed Mayor Groon if there was anyone else, other than the Mayor that would have the power to have the CFO pay as per the request.  The Mayor indicated that there was no one else to his knowledge. 

 

Mike Quinn, 209 Pittsburgh Avenue, had a concern over the dunes. 

 

The Commissioners agreed to table the discussion of the Smoking Stations until the next meeting.  There was nothing further to add with regard to Old Business.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.  The time was 7:49 p.m.

 

Vote:          Gould – Groon –    Yes

 

Dated: April 15, 2015

Janelle M. Holzmer, Borough Clerk 

MINUTES OF MEETINGS INDEX