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Minutes of Commissioners Meeting   -   April 29, 2015

Note:  Complete Meeting Appears on CD #10-15 on File in the Borough Clerk's Office. April 29, 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 April 13, 2015 at 11:00 a.m.

 

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. 1217 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. 1217

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY

ORDINANCE,” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN

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

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR

THE TIME AND METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1217.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1217 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1217 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 408-15

WHEREAS, the Borough of Wildwood Crest entered into a Professional Services Contract with Eric Wong dba Contemporary Technologies, Inc. to provide Network Support / Information Technology for all hardware and software systems for internal operation; said Professional Services Contract having been authorized by Resolution No. 386-15 adopted April 1, 2015; and

 

WHEREAS, it is the desire of the Borough of Wildwood Crest to amend said contract to be awarded to Contemporary Technologies, Inc., a legal entity,;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Mayor and Borough Clerk be, and they are hereby authorized to amend the previously awarded contract to the legal entity, Contemporary Technologies, Inc.

 

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. 409-15

WHEREAS, there exists the need for the “Professional Services” of a BRANDING/MARKETING FIRM, to be retained by the Borough for the performance of branding/marketing 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, FINCH BRANDS has completed and submitted a Business Entity Disclosure Certification which certifies that FINCH BRANDS will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing April 29, 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 FINCH BRANDS who shall be compensated by voucher at the not to exceed sum of $25,000 for Phase I Branding, 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 Branding/Marketing 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. 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.

 

ALICIA BELANSEN, CFO

 

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. 410-15

WHEREAS, the WILDWOOD CREST POLICE PUBLIC SAFETY TELECOMMUNICATORS- IAEP Local 69 hereinafter known as the UNION, has been certified as the representative of the “public safety telecommunicators” of the Borough of Wildwood Crest so designated and specifically included in the appropriate Certificate of Representation filed with the Public Employment Relations Commission; and

 

WHEREAS, the bargaining team of said UNION and the bargaining team of the Borough of Wildwood Crest have held multiple negotiation sessions and have reached agreement on all of the bargainable issues existing between the Borough and the UNION which were (or could have been) the subject of negotiation; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to comply with Chapter 303, P.L. 1968 by formalizing an agreement to contain that which has been negotiated by and between both parties.

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

 

1.       The allegations of the preamble hereto are incorporated herein as if set forth in full.

2.       The Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2014 through December 31, 2018, embodying all of the mutual terms, understandings and conditions involving the employment of all police public safety telecommunicators so included in the UNION within the meaning of the act, as more fully described in the Certificate of Representation filed with the Public Employment Relations Commission.  A copy of said agreement shall be placed on file in the Office of the Borough Clerk, and a copy shall be mailed to the Public Employment Relations Commission.  Said Agreement is incorporated herein by reference as if fully set forth.

3.       This Resolution shall take effect as provided by law.

 

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. 411-15

WHEREAS, the Commissioner of Public Safety desires to appoint five (5) Class I Police Officers for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Levi Cabrera, Maci Dougherty, Nicholas Henderson, Robert Martin, and Oscar Nunez-Lopez as Class I Police Officers for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Levi Cabrera, Maci Dougherty, Nicholas Henderson, Robert Martin, and Oscar Nunez-Lopez as Class I Police Officers.

 

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 hereto are incorporated herein as if fully set forth.

2.       The appointment of Levi Cabrera, Maci Dougherty, Nicholas Henderson, Robert Martin, and Oscar Nunez-Lopez as Class I Police Officers effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

3.       That said unclassified appointments shall be “at-will,” at the pleasure of the Commissioner of Public Safety, and shall remain in full force and effect until further notice.

 

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. 412-15

WHEREAS, on April 20, 2015 , PATRICK J. MURPHY and KRYSTAL L. SHEETS , 1800 Patrick Place Apt 214 , South Park, PA 15129 , applied for a Special Events Permit for the purpose of the MURPHY/SHEETS WEDDING   to be held on JUNE 18, 2015 ,  from 4:00 p.m. to 5:00 p.m., on the ROSEMARY RD BEACH ; and

                                                                                                                                                         

WHEREAS,  PATRICK J. MURPHY and KRYSTAL L. SHEETS, 1800 Patrick Place Apt 214, South Park, PA 15129, 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  PATRICK J. MURPHY and KRYSTAL L. SHEETS , 1800 Patrick Place Apt 214, South Park, PA 15129 for the purpose of the MURPHY/SHEETS WEDDING to be held on JUNE 18, 2015 , from 4:00 p.m. to 5:00 p.m., on the ROSEMARY RD 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. 413-15

WHEREAS, on  April 1, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the RIVERA/MARON WEDDING   to be held on JUNE 6, 2015 ,  from 4:00 p.m. to 5:00 p.m. on the ASTER RD BEACH ; and

                                                                                                                                                         

WHEREAS,  THE MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, 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 she is hereby authorized and directed to issue a Special Events Permit to  THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the RIVERA/MARON WEDDING to be held on JUNE 6, 2015, from 4:00 p.m. to 5:00 p.m. on the ASTER RD 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. 414-15

WHEREAS, on  April 1, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the O'DONNELL/GEHRINGER WEDDING   to be held on MAY 16, 2015 ,  from 4:00 p.m. to     5:00 p.m., on the ASTER RD BEACH ; and

                                                                                                                                                         

WHEREAS,  THE MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, 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 she is hereby authorized and directed to issue a Special Events Permit to  THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the O'DONNELL/GEHRINGER WEDDING to be held on MAY 16, 2015, from 4:00 p.m. to 5:00 p.m., on the ASTER RD 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. 415-15

WHEREAS, on  April 1, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the HARVEY/RISER WEDDING   to be held on JUNE 13, 2015 ,  from 5:00 p.m. to 6:00 p.m. on the ASTER RD BEACH ; and

                                                                                                                                                         

WHEREAS,  THE MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, 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 she is hereby authorized and directed to issue a Special Events Permit to  THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the HARVEY/RISER WEDDING to be held on JUNE 13, 2015, from 5:00 p.m. to 6:00 p.m. on the ASTER RD BEACH.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, approval of taxi cab licenses for Calendar Year 2015 in accordance with the provisions of Chapter 73 of the Code of the Borough of Wildwood Crest

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor then opened with the Discussion of new business.  Having nothing listed, the Mayor then opened old business.  The Mayor indicated the topic of generators would be discussed at a later meeting.  With regard to the topic of Army Corps Beach Plan, Commissioner Cabrera indicated he spoke with Stu Farrell over the weekend and he made it clear that the elevation of the beach is already at 7 feet and in essence it will be an additional 9 feet of dune height.  The Engineer confirmed that the top of the dune has an elevation of 16 feet and the proposed location of the dune to be immediately in front of the current dune system.  With nothing to add to the topic of Memorial Benches, the Mayor then moved on to Borough Work Hours/ Commission Meeting Dates and suggested to perhaps moving some meeting dates from Wednesday morning to Monday morning for attracting a larger audience.  Commissioner Cabrera then indicated that the potential for a dog park is likely to happen with Lower Township for a Shared Services Dog Park on Seaview Avenue.   Lastly, the topic of Smoking Stations was discussed and Commissioner Gould indicated she would like see the smoking station at Borough Hall moved out to the sidewalk.  The Mayor indicated an ordinance needs to be researched first.  Commissioner Cabrera then asked if the Board had any additional stakeholders or persons that would be interested in participating with the public discussion on the sharing of ideas and if so to forward to the Assistant Recreation Supervisor or Deputy Borough Clerk. 

 

The Mayor then opened the floor for public comments.  Mayor Groon added FEMA is now re-visiting the Sunset Lake issue and hopefully the Borough will hear shortly from them. 

 

Brian Cunniff, 204 W. Lavendar Road, recognized the Borough Clerk and her years of excellence and wished her well in her retirement. 

 

Janelle M. Holzmer, Borough Clerk, thanked everyone and indicated it was a pleasure and honor serving here. 

 

The Mayor wished her well on behalf of the Commissioners. 

 

Hearing nothing further from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.  The time was 9:55 a.m.

 

Vote:          Gould – Groon –    Yes

 

Dated: May 20, 2015

Patricia A. Feketics, Deputy Borough Clerk

MINUTES OF MEETINGS INDEX