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Minutes of Commissioners Meeting   -   September 2, 2015

Note:  Complete Meeting Appears on CD #19-15 on File in the Borough Clerk's Office. September 2, 2015
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 9:30 a.m.  On roll call the following answered to their names:

 

Gould – Cabrera – Groon – Yes

 

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

 

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

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 491-15

WHEREAS, bids have been received in response to advertisement of Notice to Bidders

published in The Herald issue of  August 12, 2015, for the following item:

 

Atlantic Avenue Library Parking Lot; and

 

WHEREAS, Charles Marandino, LLC, PO Box 20, Milmay, New Jersey 08340, submitted the low bid in the amount of One Hundred Twenty Four Thousand Seventy Nine Dollars and No Cents ($124,079.00), Base Bid only; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Charles Marandino, LLC, PO Box 20, Milmay, New Jersey 08340, for the base bid amount of One Hundred Twenty Four Thousand Seventy Nine Dollars and No Cents ($124,079.00), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to Charles Marandino, LLC, PO Box 20, Milmay, New Jersey 08340, for the total bid amount of One Hundred Twenty Four Thousand Seventy Nine Dollars and No Cents ($124,079.00), Base Bid only.

 

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

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, Charles Marandino, LLC, PO Box 20, Milmay, New Jersey 08340, for the total and complete project bid of One Hundred Twenty Four Thousand Seventy Nine Dollars and No Cents ($124,079.00), Base Bid only, and is subject to certification below as to the availability of funds by the Chief Financial Officer.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest.

 

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

Vote:          Gould – Cabrera – Groon – Yes

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 492-15

WHEREAS, the Borough of Wildwood Crest did heretofore advertise for sale at a public on-line auction, equipment, supplies, bicycles, and other items either owned by the Borough of Wildwood Crest or which came into possession of the Wildwood Crest Police Department through abandonment of or failure by owners to claim same; and

 

WHEREAS, Borough Resolution No. 463-15, adopted July 22, 2015, did serve to accept bids received on certain items specifically contained in the duly advertised public auction notice; and

 

WHEREAS, 40A:11-36(4) provides that “if no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the contracting unit may if it so elects re-offer the property at public sale. . . . As used herein, estimated fair value means the market value of the property between a willing seller and a willing buyer less the cost to the municipality to continue storage or maintenance of any personal property not needed for public use to be sold pursuant to this section;” and

 

WHEREAS, three (3) vehicles were advertised for public on-line auction, and no bids were received; and

 

WHEREAS, Holland’s Auto has supplied invoice fees for towing and storage of all three vehicles; and

 

WHEREAS, Holland’s Auto has requested the titles be turned over to them; and

 

WHEREAS, a private sale request has been submitted by Holland’s Auto as follows:

 

                ITEM                                     BID AMOUNT                                     BIDDER

 

1998 Saturn SL                                    $ 1.00                                                     Jack Holland

2001 Plymouth Neon                         $ 1.00                                                     Jack Holland

2004 Jeep Grand Cherokee               $ 1.00                                                     Jack Holland

 

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 the preamble hereto is made a part hereof by reference as if fully set forth; and

 

BE IT FURTHER RESOLVED, in accordance with the provisions of N.J.S.A. 40A:11-36(4) that the foregoing private sale received be and the same is hereby approved and the foregoing three (3) vehicles are authorized for release to the successful private sale upon payment in full as necessary.

 

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. 493-15

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, hereby ratifies and confirms the appointment by the Borough Registrar of LORETTA G. SCOTT as DEPUTY REGISTRAR OF VITAL STATISTICS for the Borough of Wildwood Crest effective September 2, 2015.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 494-15

APPOINTINGCONTACT PERSON FOR

THE EMPLOYMENT PRACTICES LIABILITY HELPLINE

ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, hereinafter referred to as "MUNICIPALITY” , is a member of the Atlantic County Municipal Joint Insurance Fund, hereinafter referred to as "FUND”; and

 

WHEREAS, the FUND has purchased Employment Practices Liability coverage from XL Insurance Company; and

WHEREAS, XL Insurance has arranged for the Fund members to have access to an EPL HELPLINE service and;

WHEREAS, the HELPLINE will provide the following services;

·         Attorneys will answer specific HR and Employment Law questions

§  Confidential and timely responses

§  Attorney client privilege

§  Via Website/E-mail

§  By Telephone with written follow up response

·         On Line Training

§  Managers/Supervisors

§  Slides, Audio, File Downloads

§  Small Chapters

§  Certificates of Completion

·         Additional On Line Resources

§  Question of The Month

§  Case of The Month

§  HR Alerts via e-mail and posted on website

§  Federal/State News Updates

§  HR Posters

§  Model Policies/Handbook

WHEREAS, the FUND requires the MUNICIPALITY to designate specific managerial or supervisory individuals who will have access to the HELPLINE;

NOW THEREFORE, be it resolved that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey does hereby appoint Patricia A. Feketics, Municipal Clerk, as its Contact Person.

BE IT FURTHER RESOLVED that the governing body does hereby appoint Loretta G. Scott, Principal Account Clerk, as their additional Contact Person.

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. 495-15

WHEREAS, Janelle M. Holzmer, Municipal Clerk of the Borough of Wildwood Crest, has retired effective May 1, 2015; and

 

WHEREAS, Janelle M. Holzmer’s position as the Borough’s Fund Commissioner for the Atlantic County Municipal Joint Insurance Fund (ACMJIF) has been vacant since her retirement; and

 

WHEREAS, Patricia A. Feketics is currently the Alternate Fund Commissioners for the ACMJIF; and

 

WHEREAS, it is the desire of the Board of Commissioners to appoint Patricia A. Feketics as the Borough’s Fund Commissioner for the ACMJIF, effective September 2, 2015; and

 

WHEREAS, it is the further the desire of the Board of Commissioners to appoint Lyndsey Herman, Tax Collector, as Alternate Fund Commissioner;

 

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

 

                1.             The preamble hereto is repeated herein as if fully set forth.

 

                2.             Patricia A. Feketics be and she is hereby appointed as the Borough’s Fund Commissioner for the ACMJIF effective September 2, 2015.

 

                3.             Lyndsey Herman be and she is hereby appointed as the Borough’s Alternate Fund Commissioner for the ACMJIF effective September 2, 2015.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 496-15

WHEREAS, Alicia A. Belansen, was designated Public Agency Compliance Officer (P.A.C.O.) for the Borough of Wildwood Crest, via Resolution 418-15 adopted on May 20, 2015; and

 

WHEREAS, the State of New Jersey, Department of the Treasury, Division of Purchase and Property, requires that each municipality designate a Public Agency Compliance Officer (PA.C.O.); and

 

WHEREAS, it is the desire of the governing body to designate the Municipal Clerk as the Public Agency Compliance Officer (P.A.C.O.) therefore replacing Alicia A. Belansen;

 

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 Patricia A. Feketics, Municipal Clerk, be and she is hereby designated as Public Agency Compliance Officer (P.A.C.O.) for the Borough of Wildwood Crest, New Jersey.

 

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. 497-15

CHANGE ORDER #2

2013 STREET & UTILITY RECONSTRUCITON – VARIOUS STREETS

(NJDEP/NJEIT PROJECT)

 

WHEREAS, The Borough of Wildwood Crest is desirous of completing Public Safety improvements; more specifically a modification to the traffic islands located on NJ Avenue and on Bayview Drive between Miami and Nashville Avenues and repairing and upgrading the electric supply at Stanton Road and NJ Avenue as part of the 2013 Street & Utility Reconstruction of Various Streets project; and

 

WHEREAS, Perna Finnigan, Inc., 1921 East Sherman Avenue, Vineland, NJ 08361, the contractor performing the 2013 Street & Utility Reconstruction of Various Streets project has agreed to complete the necessary work for the unit prices as shown on Change Order #2 increasing the contract amount by $113,077.77, with the Borough of Wildwood Crest’s portion increasing $113,077.77 and the City of Wildwood’s portion increasing $0.00, resulting in a new contract amount of $13,493,783.09, with the Borough of Wildwood Crest’s portion being $10,493,924.09 and the City of Wildwood’s portion being $2,999,859.00;

 

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

 

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

 

  1. That Change Order #2 increasing the contract amount by $113,077.77, with the Borough of Wildwood Crest’s portion increasing $113,077.77 and the City of Wildwood’s portion increasing $0.00, resulting in a new contract amount of $13,493,783.09, with the Borough of Wildwood Crest’s portion being $10,493,924.09 and the City of Wildwood’s portion being $2,999,859.00 be and is hereby approved.
  2. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said change order documents on behalf of the Borough of Wildwood Crest.
  3. That the certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest is contingent upon the NJDEP’s approval of use of project contingency funds for all costs associated with said Change Order #2.

 

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. 498-15

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.

 

          120-1.01-C0008

          2015 Tax                   

          Michael & Lisa DiIusto                       8000 Pacific Ave.                                                          $1,362.77

                                                                            Homeowner & Mortgage Company

                            both paid 2015 3rd quarter taxes.

                                                                            Refund overpayment to Homeowner

               

                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 September 2, 2015.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 499-15

WHEREAS, on August 14, 2015 , CHRYSLER OWNERS GROUP , MARK CILIANO, PRESIDENT, 7 Lord Place , Old Saybrook, CT 06475 , applied for a Special Events Permit for the purpose of the WILD THANG 15 BLOCK PARTY   to be held on OCTOBER 2, 2015 ,  from 4:00 p.m. to 8:00 p.m. on FORGET-ME-NOT RD from OCEAN AVE to ATLANTIC AVE ; and

                                                                                                                                                         

WHEREAS,  CHRYSLER OWNERS GROUP, MARK CILIANO, PRESIDENT, 7 Lord Place, Old Saybrook, CT 06475, 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  CHRYSLER OWNERS GROUP , MARK CILIANO, PRESIDENT, 7 Lord Place, Old Saybrook, CT 06475 for the purpose of the WILD THANG 15 BLOCK PARTY to be held on OCTOBER 2, 2015 , from 4:00 p.m. to 8:00 p.m. on FORGET-ME-NOT RD from OCEAN AVE to ATLANTIC AVE.

 

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. 500-15

 

WHEREAS, on August 18, 2015 , ROGER GERVAIS , 43 Corkscrew Rd. , Barryville, NY 12719 , applied for a Special Events Permit for the purpose of the THOMAS BRINK JR & AIMEE GERVAIS WEDDING   to be held on SEPTEMBER 26, 2015 ,  from 6:00 p.m. to 6:30 p.m., on the BEACH at STOCKTON RD ; and

                                                                                                                                                         

WHEREAS,  ROGER GERVAIS, 43 Corkscrew Rd., Barryville, NY 12719, 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  ROGER GERVAIS , 43 Corkscrew Rd., Barryville, NY 12719 for the purpose of the THOMAS BRINK JR & AIMEE GERVAIS WEDDING to be held on SEPTEMBER 26, 2015, from 6:00 p.m. to 6:30 p.m., on the BEACH at STOCKTON 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. 501-15

WHEREAS, on August 25, 2015 , THE MOREY ORGANIZATION , 3501 Boardwalk, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of the LEVA-PALMER WEDDING   to be held on SEPTEMBER 12, 2015 ,  from 4:30 p.m. to 5:30 p.m. on the ASTER ROAD 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 LEVA-PALMER WEDDING to be held on SEPTEMBER 12, 2015, from 4:30 p.m. to 5:30 p.m. on the ASTER ROAD 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

 

The Mayor then adjusted the agenda to give the public an opportunity to speak. 

 

Ed Richardson, 118 E. Primrose Road, read a letter on behalf of many Primrose Road Property Owners that summarized the growing concern of declining conditions present at several locations: (7011 Pacific Avenue, 204 E. Primrose Road, and most recently, 110 E. Primrose Road).  The property owners asked the Borough to review and revoke mercantile licenses for absentee landlords and to develop a nuisance ordinance to enforce.  The letter was then submitted to the Board.  The Mayor indicated that the Borough has work to do with regard to the ordinances and would review what is currently in place and further indicated the time line to have an ordinance in effect is approximately 2 months after it is introduced.

 

Louise Wilson, 119 West Denver Road, pointed out that the project along the bay was coming along quite nice.  She then asked the Board to consider adding additional handicapped parking at the end of Toledo by the vacant lot.  Also, she indicated that the wood planks on the beach have been helpful and was hoping to have them extended further or perhaps adding more planks to designated streets and making them handicapped streets.  She also offered the suggestion of having the sand watered to make it easier to push carts.  The Mayor then indicated that watering the sand could potentially be a DEP issue.  Commissioner Cabrera then indicated that the cost of lengthening and widening the wooden boards is very costly.  The Mayor then added that the US Army Corps of Engineers wants to potentially add a new dune along the beach. 

 

Catherine Regalbuto, 9401 Atlantic Avenue, indicated there are mobile mats that could be used along the beaches and Commissioner Cabrera stated that they looked into them and the cost was very expensive. 

  

Mr. Hasacorzian, 102 W. Syracuse Road, along with Daniel DeVine, 8406 New Jersey Avenue, voiced similar concerns about their respective neighborhood and the business located on the corner of Syracuse and New Jersey Avenues.  They indicated the place is a disgrace.  The Mayor advised them to call the police when issues arise.  They further cited accidents that have happened at that location.  He then indicated to the Public Safety Director to look into the issue. 

 

Mae Timer, 9200 Seaview Avenue, indicated that it was important to review the current ordinances and sited the home on Atlantic and Trenton Avenues.  She further indicated that the home exceeds 30 people or so with mattresses all over the house.  She stated that garbage cans are all over the place and vehicles block the sidewalks.  The Mayor then indicated that it would be discussed internally and he further stated that it is difficult to invade a single family home.

 

Jack Taylor, 6005 Pacific Avenue, asked how far along in the process that the proposed Pacific Avenue project is.  He is a sixty year resident and indicated there are many Municipal buildings on Pacific Avenue.  The Mayor stated it was still in the discussion phase and there are safety concerns. 

 

Joe Salerno, 6601 Atlantic Avenue, indicated that Pacific Avenue is a safety issue with pedestrians having the right of way and has seen many vehicles not coming to a stop.  He cited Central Avenue in North Wildwood and that it too slows traffic and looks beautiful.  The Mayor indicated a decision would have to be made fairly quickly in order to have the road completed by May of next year.

 

Bill Carr, 120 East Primrose Road, indicated that the new traffic pattern at New Jersey Avenue and Primrose Road has caused Primrose Road to be a race way.  Mr. Carr asked if Primrose Road could be changed one way going eastbound.  The Mayor indicated there are 3-4 more streets in Wildwood Crest where the same pattern exists.  He further expressed that it will be discussed.  Mr. Carr then expressed gratitude to the police department on a job well done.

 

Cliff Glenn, 111 W. Jefferson Avenue, expressed discontent with New Jersey Avenue.  The Mayor then accepted responsibility for the mistake at New Jersey Avenue and indicated that modifications were in the works. 

 

Nancy Pietropaoli, 6002 Seaview Avenue, indicated the new library is beautiful.  She wanted to know why parking in front of the library is prohibited.  The Mayor indicated it was left open for buses or trolley being able to stop.  Also, additional parking would be provided across the street. For the time being, it will remain a no parking zone and secondarily, an ordinance needs to be amended. 

 

Dennis Travascio, 112 E. Louisville Avenue, agreed that the triangle area on New Jersey Avenue is a nightmare.  He believes the traffic pattern is a nightmare.  He believes that if you do a change on Pacific Avenue, it will create more problems.

 

Mae Timer, 9200 Seaview Avenue, asked if the Borough was considering building a facility close to Wildwood.  The Mayor indicated it is strictly a Wildwood issue. 

 

The Mayor then thanked everyone for their comments.  He indicated that Pacific Avenue would be further discussed.  The Mayor opened New Business with medians along Pacific Avenue.  The Mayor gave a quick recap and indicated that time was running out on a decision.  Commissioner Cabrera confirmed with the Borough Engineer that a decision would be needed by September 16, 2015 for the project to be done by May.  Commissioner Cabrera pointed out that this was a major safety decision that will affect pedestrians and motorists.  He would like to see consistency with the County (Rambler –south) and Wildwood Crest (Rambler – north).  The Borough Engineer then added that overly wide travel lanes increase vehicle speed.  Commissioner Gould added that perhaps we can strictly enforce the speed limit to slow down traffic.  The Mayor then pointed out that the Planning Board is looking into reducing scope of New Jersey and strengthening the residential area of the North end from Rambler Road to Cresse Avenue.  The Mayor then credited the Board when they invested in certain projects and it has improved neighborhoods.  The Commissioners were in agreement to have more time and perhaps do project as an add Alternate.  Discussions continued about bike lanes and safety.  The Engineer confirmed he would provide plans for one lane both with and without medians for the board to review and would discuss further at the next Commission Meeting.   

 

The Mayor once again opened the floor for public commentary regarding Pacific Avenue. 

 

Jim Johnson, 214 E. Trenton Avenue, sited an accident that almost happened on Morning Glory Road with the two lanes of traffic.  He further indicated that trees on the side streets make it impossible to cross east to west and that is a safety concern. 

 

Dennis Travascio, 112 E. Louisville Avenue, wanted to know if the portion of the County Road would be touched.  The Mayor indicated that the County is responsible for the topping of the road and the Crest is responsible for the piping.  The Mayor then indicated that any changes have to be signed off by the County.  Commissioner Cabrera then pointed out that after speaking with Dale Foster from the County, that the County would not have an issue. 

 

Joe Salerno, 6601 Atlantic Avenue, pointed out that Central Avenue in North Wildwood has made the neighborhood residential and it is safer to cross. 

 

Ben Lauriello, 7501 Ocean Avenue, wanted to know if the police have noticed problems with the islands.  Director of Public Safety indicated it is more controlled and a lot safer.

 

Mae Timer, 9200 Seaview Avenue, concurred about the safety concern on Pacific Avenue.  She was concerned about bike paths on commercial routes.  

 

The Mayor then returned to the Agenda.  Commissioner Cabrera indicated he was still waiting on Atlantic Electric with regard to New Jersey Avenue.   Commissioner Cabrera also indicated that Finch Brands is preparing final drafts of logos and designs for the next meeting. 

 

The Mayor then opened the floor one more time for public commentary. 

 

Catherine Regalbuto, 9401 Atlantic Avenue, indicated there is a terrible bump Atlantic Avenue near the Regal Plaza.  The Mayor indicated it would be turned over to Commissioner Cabrera and the Borough Engineer.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 502-15

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that one (1) issue(s) is/are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on Wednesday, September 2, 2015 at 9:30 A.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

_______                “(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.” The legal citation to the provision(s) at issue is: _________________________________________ and the nature of the matter, described as specifically as possible without undermining the need for confidentiality is____________________________________________________

 

________             “(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

________             “(3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _________________________________________

 

________             “(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body.” The collective bargaining contract(s) discussed are between the Borough and _________________________________________

 

________             “(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ________________________

 

________             “(6) Any tactics and techniques utilized in protecting the safety and property of the public provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

__1_____             “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are ______________________ and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is Pending Litigation (Hunt v. Wildwood Crest).

 

________             “(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are __________

 

________             “(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a copy of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

Upon returning from Closed Session, and with nothing further to discuss, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned at 10:44 a.m.

 

Dated: September 19, 2015

Patricia A. Feketics, Borough Clerk

                                                                            MINUTES OF MEETINGS INDEX