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Minutes of Commissioners Meeting   -   September 21, 2016

Note:  Complete Meeting Appears on CD #20-16 on File in the Borough Clerk's Office. September 21, 2016
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 5:30 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 4, 2015.

 

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

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO.  1244

BOND ORDINANCE APPROPRIATING $2,975,000, AND AUTHORIZING THE ISSUANCE OF $2,833,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY

Mrs. Gould motions, Mr. Groon seconds that Ordinance No. 1244 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on October 5, 2016 at 9:30 a.m.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  766-16

WHEREAS, the local capital budget for the year 2014 was adopted on the 26th day of March, 2014; and

 

WHEREAS, it is desired to amend said adopted capital budget section;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the following amendments to the capital budget of 2014 be made:

 

                                                                (                                               (                               ABSTAIN    ( NONE

RECORDED                                        ( GOULD                               (                                                     (

VOTE        AYES                                 ( CABRERA         NAYS     ( NONE                                       (

                                                                ( GROON                               (                               ABSENT      ( NONE

                                                                (                                               (                                                     (

 

 

BE IT FURTHER RESOLVED that two certified copies of this resolution be filed forthwith in the Office of the Director 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.  767-16

WHEREAS, there exists the need for the “Professional Services” of an Administrative Consultant to be retained by the Borough of Wildwood Crest in an advisory capacity to the Board of Commissioners, all as more specifically set forth in the attached agreement, which is made a part hereof by reference as if fully set forth herein, and

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

                WHEREAS, GRR Consulting Services LLC, Edmund Grant, Principal, is experienced and capable of providing such services as provided herein.

                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 Deputy Borough Clerk be and they are hereby authorized, instructed and empowered to execute the attached agreement with GRR Consulting Services LLC, Edmund Grant, Principal, who shall be compensated by voucher at the agreed upon rate of $90.00 per hour, not to exceed $29,250.00, and whose rate/fee structure is contained in the aforesaid agreement and said “Independent Contractor” shall be required to comply with this Resolution and the attached Agreement.

          3.  This contract is awarded in accordance with the provisions of N.J.S.A. 40A:11-1, et seq. as an authorized exception to public bidding as a Professional Services Contract and has not been awarded in accordance with the open and fair process of the New Jersey Play to Pay Law, but all conditions required for the award have been met as set forth in N.J.S.A. 19:44A-1 to permit said award.

          4.  The award of this contract is contingent upon production of business registration certificate and disclosure entity certification and proof of insurance as required in the contract, and certification from the Chief Financial Officer as to the availability of funds.

          5.     A copy of the specific items pertaining 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 this resolution authorizing same.

WHEREAS, the CFO has certified the availability of funds as evidenced below by her signature,

Account Number(s)                           Amount                                            Signature

 

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.  768-16

Authorizing Retention Via Professional Services Agreement

Of An Engineer  

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of an Engineering firm; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced; and

 

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

 

WHEREAS, the Borough has determined that the firm Van Note Harvey, of Cape May Court House, New Jersey is qualified to perform the completion of Pacific Avenue on the east between Rambler Road and Cresse Avenue for which they were previously contracted to do so, and it is desired to enter a professional contract with Van Note Harvey for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, the firm Van Note Harvey , has completed and submitted a Business Entity Disclosure Certification which certifies that Van Note Harvey, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing September 21, 2016 to any political committee or candidate through the term of this contract;

 

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

 

1.                   The firm Van Note Harvey, of Cape May Court House, New Jersey is hereby retained as Engineer to provide specialized professional services for Pacific Avenue, Phase I Roadway Improvements located on the east side of Pacific Avenue between Rambler Road and Cresse Avenue for the period ending December 31, 2016 at the not to exceed one year and commencing September 21, 2016. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with the firm Van Note Harvey of Cape May Court House, New Jersey for specialized professional services for Pacific Avenue, Phase I Roadway Improvements located on the east side of Pacific Avenue between Rambler Road and Cresse Avenue for the period indicated above, which contract shall provide for payment of eight thousand

($8,000.00) dollars.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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

 

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

 

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

 

WHEREAS, the CFO has certified the availability of funds as evidenced below by her signature,

Account Number(s)                           Amount                                            Signature

 

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.  769-16

Authorizing Retention Via Professional Services Agreement

Of A Real Estate Development and Financial Advisory Firm  

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Real Estate Development and Financial Advisory firm; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, and experienced in the Mount Laurel affordable housing mandate; and

 

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

 

WHEREAS, the Borough has determined that Robert Powell of Nassau Capital Advisors, LLC, is qualified to assist the Borough of Wildwood Crest and provide services in proceedings before the New Jersey Superior Court related to the Declaratory Judgment action filed by the Borough of Wildwood Crest on July 8, 2015 and it is desired to enter a professional contract with Nassau Capital Advisors, LLC for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Robert Powell of Nassau Capital Advisors, LLC , has completed and submitted a Business Entity Disclosure Certification which certifies that Nassau Capital Advisors, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing September 21, 2016 to any political committee or candidate through the term of this contract;

 

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

 

1.                   Robert Powell of Nassau Capital Advisors, LLC, of Princeton, New Jersey is hereby retained as Expert Witness to provide testimony on Initial Reports and any additional necessary reports for the period ending September 20, 2017. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Robert Powell of Nassau Capital Advisors, LLC of Princeton, New Jersey for specialized professional services for Expert Witness testimony for the period indicated above, which contract shall provide for payment at the not to exceed amount of two thousand five hundred ($2,500) dollars.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

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

 

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

 

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

 

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

 

 

WHEREAS, the CFO has certified the availability of funds as evidenced below by her signature,

Account Number(s)                           Amount                                            Signature

 

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.  770-16

WHEREAS, the Borough of Wildwood Crest has established an Indoor Air Quality Program for the Wildwood Crest EMS Headquarters, recognizing that indoor air quality is essential to employee’s health and productivity, and

 

WHEREAS, the attached policy for the Indoor Air Quality Program for the Borough of Wildwood Crest  EMS Headquarters follows the requirements established by the PEOSH IAQ standard as it applies to the workplace, and

 

WHEREAS, Dan Dunn has been designated as the person, trained and given the responsibility to make routine visual inspection, oversee preventive maintenance programs and maintain required records in order to ensure compliance with the Indoor Air Quality Program for the Wildwood Crest EMS.

 

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.       The Commissioners of the Borough of Wildwood Crest do hereby adopt, the attached Indoor Air Quality Program for the Wildwood Crest EMS Headquarters located at 9300 Pacific Avenue, Wildwood Crest.

 

2.       This Policy will take effect on October 1, 2016. 

 

3.       A copy of the policy will be on file in the Office of the Municipal Clerk with this resolution, the Wildwood Crest EMS Headquarters, and the office of the Public Works Superintendant.

 

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.  771-16

WHEREAS, on September 7, 2016, the Commissioners of the Borough of Wildwood Crest adopted Resolution 761-16, which authorized refunding taxes for a 100 % Disabled Veteran William J. Blickos, in the amount of $4,331.28; and

 

WHEREAS, the Tax Collector for the Borough of Wildwood Crest has indicated that the payer of the taxes was CoreLogic and the refund should be made payable to CoreLogic Real Estate Tax Service;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the refund for 100 % Disabled Veteran William J. Blickos should be made payable to CoreLogic Real Estate Tax Service, Attn: Refund Department, PO Box 961250, Fort Worth, TX  76161-9858.

 

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.  772-16

WHEREAS, on September 15, 2016 , MICHAEL BROWN for BETH JUDAH TEMPLE , Pacific Ave and Spencer Rd , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a RELIGIOUS SERVICE   to be held on OCTOBER 3, 2016 ,  from 5:30 PM to 6:00 PM, at the SUNSET LAKE GAZEBO ; and

                                                                                                                                                         

WHEREAS,  MICHAEL BROWN for BETH JUDAH TEMPLE, Pacific Ave and Spencer Rd, 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  MICHAEL BROWN for BETH JUDAH TEMPLE , Pacific Ave and Spencer Rd, Wildwood, NJ 08260 for the purpose of a RELIGIOUS SERVICE to be held on OCTOBER 3, 2016 , from 5:30 PM to 6:00 PM, at the SUNSET LAKE GAZEBO.

 

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.  773-16

WHEREAS, on September 12, 2016 , the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , 366 Daisey Rd , Clayton, DE 19938 , applied for a Special Events Permit for the purpose of a KITE BUGGY EVENT   to be held from OCTOBER 11 through OCTOBER 16, 2016 , from 8:00 A.M. until DUSK, on VARIOUS BEACHES IN WILDWOOD CREST ; and

                                                                                                                                                         

WHEREAS,  the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA), 366 Daisey Rd, Clayton, DE 19938 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) , 366 Daisey Rd, Clayton, DE 19938 for the purpose of a KITE BUGGY EVENT to be held from OCTOBER 11 through OCTOBER 16, 2016, from 8:00 A.M. until DUSK, on VARIOUS BEACHES IN WILDWOOD CREST.

 

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, that all reports received from the CFO, Court Administrator, Tax Collector and the Wildwood Crest Police Department for the month ending August 31, 2016 be approved as presented.

Vote:          Gould - Cabrera – Groon       Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of regularly scheduled Commissioner Meetings held August 24, 2016 and September 7, 2016 be approved as presented.

Vote:          Gould - Cabrera – Groon       Yes

 

The Clerk noted there were no correspondences to address.

 

The Mayor opened the floor for public commentary.  Aileen Kennedy, 122 E. Sweetbriar Road, asked about the third resolution with regard to Pacific Avenue.  The Mayor indicated that it was for Corrective Action for the east side of Pacific Avenue from Rambler to Cresse Avenues. 

 

Dennis Travascio, 112 E. Louisville Avenue, inquired about the fourth resolution with regard to Nassau Capital and the Mayor indicated it was for Expert Testimony with regard to COAH and Mount Laurel litigation and that the Borough was in a consortium of municipalities in litigation.

Mr. Travascio then asked about the Bond Ordinance that was just introduced.  The Mayor indicated that the Borough incorporated Improvements to Sunset Lake in the Ordinance because the Borough will need to cover approximately 10% and the estimate for the project is in excess of two million dollars.  The ordinance will also have a kayak launch incorporated as well. 

 

Aileen Kennedy, 122 E. Sweetbriar Road, asked for an explanation of the Class B construction wording in the ordinance and the CFO indicated it was a part of the useful life, which is a requirement of ordinances.  The CFO also informed Ms. Kennedy that she could give her more explanation after the meeting. 

 

Gene Mulligan, 6511 New Jersey Avenue, inquired about the layout of Pacific Avenue.  The Mayor indicated that the Board was awaiting the study from the county and was hopeful to have at the next meeting and perhaps a presentation to accompany it.  Mr. Mulligan inquired if the new street will improve with flooding and the Mayor indicated it will be better.  Commissioner Cabrera pointed out that they would carefully review the study with regard to its recommendations. 

 

Aileen Kennedy, 122 E. Sweetbriar Road, inquired if the recent flooding was related to the outflow pipes.  The Mayor indicated that there was some truth to that but completing Pacific Avenue would help.  The Mayor then pointed out that New Jersey Avenue north is also a priority, but it is at least 4 years out.  Commissioner Cabrera reminded those in attendance that the Borough held a couple of Saturday meetings with hopes of getting more participation. 

 

Nancy Pietropaoli, 6002 Seaview Avenue, pointed out that flooding still persists on Seaview Avenue.  The Mayor pointed out that our streets cannot handle 4” of rain at a fast pace.

 

After no further commentary from the public, the Mayor opened new business with the vacant lot adjacent to the pumping station and if the Board was interested in selling the lot.  The Mayor asked that they consider because they needed to go before zoning and also get a survey.  Commissioner Cabrera would like to think it over and Commissioner Gould indicated she would be in favor. 

 

The Mayor then added that he had nothing further for items 1, 2, or 3 for old business.  With regard to Beach Permits, the Mayor pointed out that the permit for the next five years would need to include any changes.  The Mayor wanted to gauge how the board felt about campfires on the beach since many have been requested.  Commissioner Gould indicated she would be in favor from Rambler south, but not close to the dunes and with safety precautions in place.  Commissioner Cabrera also indicated that it has been requested frequently and that it would need to have a permit and safety would need to be considered as well as clean up.  After more discussion, they indicated the application should be for specific beach ends with larger ramps for accessibility.  The Mayor indicated it would be put in the permit as requested and then voiced opposition to the idea of campfires. 

 

The next topic with the Fishing Pier Building and in the original permit there was the right to replace footprint.  The Building had to come down due to hazardous materials.  The Mayor asked the Board what they would like to do and Commissioner Cabrera thought perhaps it would be perfect for leasing to a potential vendor. 

 

Commissioner Gould asked Commissioner Cabrera if there were enough bike racks along the bike path and he pointed out they could always add more.  


The next topic was street signage.  The Mayor asked the board to look at Kennedy drive in North Wildwood as an example and they would discuss again.

 

The next topic was Ordinances that need to be addressed again.  With regard to Construction, the Mayor indicated there were several complaints regarding construction and rehab as opposed to demolition.  He asked the board to review and to possibly think about amending the current ordinance. 

 

The Mayor then indicated the Street Opening Ordinance, Sidewalk Ordinance and Bicycle Ordinance also need review.

 

The Mayor then asked the Board on the possibility of a “no smoking” ordinance and how they felt about it.  It appeared all were in favor of this on the beaches and public property. 

 

The Mayor then asked the Board to consider limiting the time for meters to 6 pm in order to alleviate the overflow into the residential neighborhoods.  He indicated there could be a slight revenue loss, but it would be nice for homeowners.

 

The Mayor then opened the floor once again for discussion on new or old business.  Gene Mulligan, 6511 New Jersey Avenue, asked about beach boxes from a previous Saturday meeting.  Commissioner Cabrera indicated they would research what other municipalities were doing, but we need to consider the plans that the US Army Corps has for the proposed dune. 

 

Aileen Kennedy, 122 E. Sweetbriar Road, asked about liability for camp fires and the Solicitor indicated that the Borough would ultimately be held responsible.   Ms. Kennedy then agreed that the Borough was a biking community and would like designated riding areas not necessarily on the street.  The Mayor added the Borough would await the traffic study from the county before moving forward.  He then added there was a 14 minute video regarding what the state was trying to accomplish and would like Ms. Kennedy to reach out to the Clerk to see it.  Commissioner Gould asked Lt. Lloyd if cars were supposed to follow the same rules as automobiles and he indicated that was correct.  Ms. Kennedy then requested that Public Works send out a Borough wide flyer on recyclables and what was acceptable.  Commissioner Cabrera indicated he would look into it.

 

Gene Mulligan, 6511 New Jersey Avenue, asked if recycling rules could be put on the calendar and he was informed that it is currently there.  He then asked about the smoking issue and how the Board felt and suggested perhaps allowing smoking near the trash cans and he was informed it would be revisited at the next commission meeting.  The Mayor also indicated that they needed to consider cigarette butts and keeping the beaches clean.

 

Nancy Pietropaoli, 6002 Seaview Avenue, added that Wildwood Crest is an aging town and walking on the sidewalks with those on bicycles is somewhat dangerous.  She added it wasn’t the children, but rather the adults and it occurs on the fishing pier as well.

 

Hearing nothing further from the public, Mrs. Gould motioned, seconded by Mr. Cabrera that the meeting be adjourned.  The time was 6:34 p.m.

 

Dated: October 19, 2016

Patricia A. Feketics, Borough Clerk

MINUTES OF MEETINGS INDEX