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Minutes of Commissioners Meeting   -   January 4, 2017

Note:  Complete Meeting Appears on CD #01-17 on File in the Borough Clerk's Office. January 4, 2017
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 e-mailing and same to the Gazette-Leader, Herald of Cape May County and The Press on December 1, 2016.

 

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.  843-16

WHEREAS, the Borough Commissioners introduced a salary ordinance #1249 on December 22, 2016 which was adopted on first reading; and

 

WHEREAS, after approval of the ordinance on first reading at the December 22, 2016 meeting, it was determined the following changes were necessary:

                Delete:  

Laborer 1, temporary, per day                                                          $70.00   to    $100

                Change Range for Title:

Laborer 1, Temp. or Perm. Part-time, per hour                              $10.00    to    $35.00

 

WHEREAS, the Commissioners of the Borough of Wildwood Crest are in agreement to make the minor changes listed above to the Salary Ordinance #1249 introduced at the December 22, 2016 meeting and scheduled for second reading, public hearing and final adoption at the meeting of January 4, 2017.

 

NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Borough of Wildwood Crest that the two changes noted below are hereby approved as follows:

 

1.       Delete:  

Laborer 1, temporary, per day                                                          $70.00   to    $100

2.       Change Range for Title:

Laborer 1, Temp. or Perm. Part-time, per hour                              $10.00    to    $35.00

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance 1248 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO.  1248

 

A CAPITAL ORDINANCE PROVIDING ACQUISITION OF VARIOUS VEHICLES AND EQUIPMENT AND APPROPRIATING THEREFOR THE AMOUNT OF $280,000 FROM THE CAPITAL IMPROVEMENT FUND

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1248.

Vote:          Gould - Cabrera – Groon – Yes

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1248 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1248 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 1249 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO.  1249

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. 1249.

Vote:          Gould - Cabrera – Groon – Yes

 

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1249 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1249 be passed on second and final reading and advertised according to law.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING ORDINANCE BY TITLE:

ORDINANCE NO.  1250

 

A CAPITAL ORDINANCE PROVIDING FOR BOROUGH FACILITY CONSTRUCTION AND IMPROVEMENTS AND ACQUISITION OF VARIOUS EQUIPMENT AND APPROPRIATING THEREFOR THE AMOUNT OF $375,000 FROM THE CAPITAL IMPROVEMENT FUND

 

BE IT ORDAINED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) as follows:

 

Section 1.              The improvements and acquisitions described in Section 2 of this Ordinance are hereby authorized to be made by the Borough of Wildwood Crest, County of Cape May, New Jersey and there is hereby appropriated the sum of Three Hundred Seventy-Five Thousand ($375,000.00) Dollars from the Capital Improvement Fund, said amount now being available therefor in the General Capital Account of the Borough of Wildwood Crest.

 

Section 2.              The acquisitions hereby authorized are:

 

(a)     $80,000 – Improvements to and Acquisition of HVAC System and components for Borough Municipal Building together with all equipment, attachments, work, installation and accessories necessary therefor and incidental thereto.

(b)     $60,000 - Acquisition of and Improvements to Heather Road Bike Shop including but not limited to purchase of Pole Barn fabrication kit, equipment, concrete work, plumbing, electrical, building improvements, work and materials necessary therefor and incidental thereto.

(c)      $30,000 - Improvements to concrete adjacent to municipal building located on Pacific Avenue between Washington Avenue and Trenton Avenue including all excavation, curb, concrete gutters, sidewalk reconstruction, driveway, apron, drainage improvements, site clearing and demolition, equipment, work and materials necessary therefor and incidental thereto.

(d)     $45,000 – Improvements to Borough owned property including but not limited to acquisition and installation of Ultraviolet Pool Filtration system, equipment removal, equipment installation, electrical, plumbing, work and materials necessary therefor and incidental thereto.

(e)     $40,000 – Improvements to Borough building located at 6301 Ocean Avenue, including but not limited to the installation of asphalt shingle roof material and removal of existing materials, together with all labor and materials necessary therefor and incidental thereto.

(f)      $75,000 - – Improvements to Borough owned building located at Rambler Road and the Beach known as The Nesbitt Building, including but not limited to the installation of EPDM roof material and removal of and improvement to existing materials, together with all labor, work and materials necessary therefor and incidental thereto.

(g)     $45,000 – Improvements to and construction of ADA Accessable Beach Entrance Ramps at various locations, including but not limited to removal of existing beach entrance ramps, and all necessary labor, work and materials necessary therefor and incidental thereto

 

Section 3.              The said purposes described in Section 2 of this Ordinance are not current expenses and are improvements which the Borough may lawfully make, under the provisions of N.J.S.A. 40A:2-1, et. seq. (Local Bond Law).

 

Section 4.              This Ordinance shall take effect following its advertisement, public hearing and adoption in accordance with the requirements of law.

 

Dated: January 4, 2017

 

Mrs. Gould motions, Mr. Cabrera seconds that Ordinance No. 1250 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on January 25, 2017 at 5:30 p.m.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  844-17

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH SOLICITOR, to be retained by the Borough for the performance of legal 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, Doreen Y. Corino, Esquire, has completed and submitted a Business Entity Disclosure Certification which certifies that Doreen Y. Corino, Esquire, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 DOREEN Y. CORINO, ESQUIRE, 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, 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 Solicitor 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.

 

 

 

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.  845-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that Alicia A. Belansen, Chief Financial Officer, be the custodian of the following accounts:

 

CREST SAVINGS BANK

 

Account Number                                                                                 Account Name

 

54-902507-3                                                                        Borough of Wildwood Crest Lien Redemption Account

54-901556-1                                                                        Borough of Wildwood Crest Current Account

54-901557-9                                                                        Borough of Wildwood Crest Disbursement Account

54-901560-3                                                                        Borough of Wildwood Crest Trust Escrow Account

54-901559-5                                                                        Borough of Wildwood Crest Recreation Trust Account

54-901561-1                                                                        Borough of Wildwood Crest Police Forfeiture Account

54-901564-5                                                                        Borough of Wildwood Crest Animal Control Account

53-181178-5                                                                        Borough of Wildwood Crest Unemployment Trust Account

54-100167-6                                                                        Borough of Wildwood Crest General Capital Fund

54-901558-7                                                                        Borough of Wildwood Crest Payroll Account

54-904337-3                                                                        Borough of Wildwood Crest Flexible Spending Account

 

SOVEREIGN BANK

 

9551000005                                                                         Wildwood Crest Investment Account

 

BE IT FURTHER RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the municipal officials listed hereinbelow be and are hereby designated as signatories on the above listed accounts (excluding Payroll and Lien Redemption Accounts) when necessary or required as follows:

                _____________________________                     _____________________________

                           Alicia A. Belansen                                    or           

                                                                                          and

____________________                 ____________________         _____________________

            Carl H. Groon                                    or Joyce P. Gould                            or Don Cabrera

                                                                                          and

                _____________________________                       _____________________________

                         Patricia A. Feketics                                     or                           Loretta G. Scott

 

BE IT FURTHER RESOLVED that Alicia A. Belansen, Carl H. Groon, Joyce P. Gould, and Don Cabrera be and are hereby designated as the authorized signatories on the Borough of Wildwood Crest Payroll Account (No. 54-901558-7).

 

BE IT FURTHER RESOLVED that Alicia A. Belansen and Lyndsey Herman be and are hereby designated as the authorized signatory of the Borough of Wildwood Crest Lien Redemption Account (No. 54-902507-3).

 

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.  846-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that, in accordance with the provisions of N.J.S.A. 40:53-1, et. seq., designation of official newspapers in precise order be and the same are as follows:

 

                1.             The Herald of Cape May County

                2.             The Press of Atlantic City

 

Unless specifically required otherwise, all ordinance, resolutions, or other public notices shall be published in The Herald of Cape May County.

 

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.  847-17

 

SUBJECT:            A RESOLUTION AUTHORIZING ADOPTION OF THE 2017

                       TEMPORARY BUDGET           

 

 

WHEREAS, N.J.S.A. 40A:4-19 authorizes, by resolution of the governing body prior to January 31 of the fiscal year, adoption of temporary appropriations of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total appropriations made for all purposes in the budget for the preceding fiscal year excluding, in both instances, appropriations made for interest and debt redemption charges, capital improvement fund and public assistance; and

 

WHEREAS, the total temporary appropriations to be created by this resolution amount to $8,745,025.00, said amount being inclusive of not more than TWENTY-SIX AND ONE-QUARTER PERCENT (26.25%) of the total of those appropriations as fully authorized hereinabove.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the amount of $8,745,025.00 be and the same shall hereby constitute the 2017 Temporary Appropriations:

 

PUBLIC AFFAIRS & PUBLIC SAFETY DIRECTOR’S OFFICE

                SALARIES & WAGES.................................................................................................... $                   15,000.00

                OTHER EXPENSES..........................................................................................................                       2,000.00

FIRE DEPARTMENT

                SALARIES & WAGES......................................................................................................                       1,500.00

                OTHER EXPENSES..........................................................................................................                  185,000.00

POLICE

                SALARIES & WAGES......................................................................................................                  766,500.00

                OTHER EXPENSES..........................................................................................................                    60,000.00

EMERGENCY MANAGEMENT

                OTHER EXPENSES..........................................................................................................                               0

MUNICIPAL PROSECUTOR

                OTHER EXPENSES..........................................................................................................                       8,000.00

PUBLIC DEFENDER

                SALARIES & WAGES......................................................................................................                       7,000.00

MUNICIPAL COURT                                                                                                                       

                SALARIES & WAGES......................................................................................................                    55,000.00

                OTHER EXPENSES..........................................................................................................                       6,500.00

LEGAL

                OTHER EXPENSES........................................................................................................ $                   90,000.00

SERVICE OF AMBULANCE

                SALARIES & WAGES......................................................................................................                  190,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

COMMUNICATIONS

                OTHER EXPENSES..........................................................................................................                    60,000.00

INFORMATION TECHNOLOGY ………………………………………................................                    25,000.00

ANIMAL CONTROL

                OTHER EXPENSES..........................................................................................................                    17,000.00

LIFEGUARDS

                SALARIES & WAGES......................................................................................................                       4,000.00

                OTHER EXPENSES..........................................................................................................                    45,000.00

FIRE OFFICIAL

                SALARIES & WAGES......................................................................................................                    42,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

LOCAL CODE ENFORCEMENT

                SALARIES & WAGES......................................................................................................                    10,000.00

                OTHER EXPENSES..........................................................................................................                       1,000.00

 

 

LAND USE ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    15,000.00

                OTHER EXPENSES..........................................................................................................                    50,000.00

TRAFFIC MAINTENANCE

                SALARIES & WAGES...................................................... ...............................................                    28,000.00

                OTHER EXPENSES..........................................................................................................                    25,000.00

TOURISM

                SALARIES & WAGES......................................................................................................                       3,000.00

                OTHER EXPENSES..........................................................................................................                    38,000.00

ENVIRONMENTAL COMMISSION

                SALARIES & WAGES......................................................................................................                          800.00

                OTHER EXPENSES..........................................................................................................                               0

REVENUE & FINANCE DIRECTOR’S OFFICE

                SALARIES & WAGES.................................................................................................... $                      7,000.00

                OTHER EXPENSES..........................................................................................................                          700.00

FINANCIAL ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    80,000.00

                OTHER EXPENSES..........................................................................................................                    80,000.00

ASSESSMENT OF TAXES

                SALARIES & WAGES......................................................................................................                    20,000.00

                OTHER EXPENSES..........................................................................................................                       3,000.00

COLLECTION OF TAXES

                SALARIES & WAGES......................................................................................................                    55,000.00

                OTHER EXPENSES..........................................................................................................                       7,000.00

INSURANCE

                GROUP INSURANCE FOR EMPLOYEES...................................................................               1,190,000.00

                OTHER INSURANCE.......................................................................................................                  285,000.00

BOROUGH ADMINISTRATION

                SALARIES & WAGES......................................................................................................                    95,000.00

                OTHER EXPENSES..........................................................................................................                    45,000.00

UTILITIES BILLING

                OTHER EXPENSES..........................................................................................................                       6,000.00

CONSTRUCTION OFFICE

                SALARIES & WAGES......................................................................................................                    43,000.00

                OTHER EXPENSES..........................................................................................................                       5,000.00

PUBLIC WORKS DIRECTOR’S OFFICE

                SALARIES & WAGES......................................................................................................                       6,500.00

                OTHER EXPENSES..........................................................................................................                          500.00

PUBLIC WORKS

                SALARIES & WAGES......................................................................................................                  145,000.00

                OTHER EXPENSES..........................................................................................................                    35,000.00

UTILITIES

                NATURAL GAS............................................................................................................... $                   60,000.00

                ELECTRIC..........................................................................................................................                    60,000.00

                FUEL OIL............................................................................................................................                    40,000.00

                STREET LIGHTING.........................................................................................................                    60,000.00

LANDFILL

                OTHER EXPENSES..........................................................................................................                    40,000.00

WATER

                OTHER EXPENSES..........................................................................................................                    10,000.00

                HYDRANT SERVICE.......................................................................................................                    15,000.00

ENGINEER

                OTHER EXPENSES..........................................................................................................                    40,000.00

BEACH MAINTENANCE

                SALARIES & WAGES......................................................................................................                       5,000.00

                OTHER EXPENSES..........................................................................................................                    10,000.00

SANITATION

                SALARIES & WAGES......................................................................................................                  100,000.00

                OTHER EXPENSES..........................................................................................................                    10,000.00

RECREATION

                SALARIES & WAGES......................................................................................................                  115,000.00

                OTHER EXPENSES..........................................................................................................                    15,000.00

SEWERAGE

                SALARIES & WAGES......................................................................................................                    42,000.00

                OTHER EXPENSES..........................................................................................................                       9,000.00

PARKS AND BUILDINGS

                SALARIES & WAGES......................................................................................................                    65,000.00

                OTHER EXPENSES..........................................................................................................                    40,000.00

RECREATION BUILDINGS

                OTHER EXPENSES..........................................................................................................                    35,000.00

FLEET MAINTENANCE

                SALARIES & WAGES.................................................................................................... $                   50,000.00

                OTHER EXPENSES..........................................................................................................                    45,000.00

 

 

STATUTORY EXPENSES

                SOCIAL SECURITY.........................................................................................................                  200,000.00

                UNEMPLOYMENT INSURANCE.................................................................................                    15,000.00

TOTAL APPROPRIATIONS EXCLUDING CAPITAL IMPROVEMENTS,

INTEREST AND DEBT REDEMPTION CHARGES AND PUBLIC

ASSISTANCE................................................................................................................................... $              4,950,000.00

CAPITAL IMPROVEMENT

                EMERGENCY SEWER REPAIRS                                  ................................ 100,000.00

                DOWN PAYMENTS ON IMPROVEMENTS                 ................................ 150,000.00

                CAPITAL IMPROVEMENT FUND............................................................................... 275,000.00

INTEREST AND DEBT REDEMPTION CHARGES

                INTEREST AND PRINCIPAL ON BONDS AND LOANS.........................................            3,270,025.00

               

TOTAL TEMPORARY APPROPRIATIONS (ALL PAGES)       $............................................. 8,745,025.00

 

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.  848-17

A RESOLUTION ADOPTING THE CASH MANAGEMENT

PLAN OF THE BOROUGH OF WILDWOOD CREST

 

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:5-14, the Borough of Wildwood Crest shall adopt a Cash Management Plan and shall deposit its funds in accordance with the provisions of said Plan; and

 

WHEREAS, the Cash Management Plan shall include the designation of a depository or depositories as provided in Section 4 of P.L. 1970, c.236; and

 

WHEREAS, the Cash Management Plan shall be designed to assure to the extent practicable the investment of local funds in interest bearing accounts and may be modified from time to time in order to reflect changes in federal or state law or regulations; and

 

WHEREAS, the Cash Management Plan shall be subject to the annual audit conducted pursuant to N.J.S.A. 40A:5-4.

 

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

 

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

2.     The Cash Management Plan for the Borough of Wildwood Crest be and is hereby adopted.

3.     A copy of the Cash Management Plan be and is attached hereto and made a part hereof.

 

BOROUGH OF WILDWOOD CREST

COUNTY OF CAPE MAY

STATE OF NEW JERSEY

 

CASH MANAGEMENT PLAN

 

I.      STATEMENT OF PURPOSE

 

          This Cash Management Plan (hereinafter “the Plan”) is prepared pursuant to the provisions of N.J.S.A. 40A:5-14 in order to set forth the basis for the deposits (“Deposits”) and investment (“Permitted Investments”) of certain public funds of the Borough, pending the use of such funds for the intended purposes.  The Plan is intended to assure that all public funds identified herein are deposited in interest bearing Deposits or otherwise invested in Permitted Investments hereinafter referred to.  The intent of the Plan is to provide that the decisions made with regard to the Deposits and the Permitted Investments will be done to insure the safety, the liquidity and the maximum investment return within such limits.  The Plan is intended to insure that any Deposit or Permitted Investment matures within the time period that approximates the prospective need for the funds deposited or invested so that there is not a risk to the market value of such Deposits or Permitted Investments.

 

II.   IDENTIFICATION OF FUNDS AND ACCOUNTS TO BE COVERED BY THE PLAN

 

A.   The Plan is intended to cover the deposit and/or investment of the following funds and accounts of the Borough:

 

Current Fund

Grant Fund

Trust Fund

General Capital Fund

 

 

III. DESIGNATION OF OFFICIALS OF THE BOROUGH AUTHORIZED TO MAKE

          DEPOSITS AND INVESTMENTS UNDER THE PLAN

 

          The Chief Financial Officer of the Borough (“Designated Official”) is hereby authorized and directed to deposit and/or invest the funds referred to in the Plan.  Prior to making any such Deposits or Permitted Investments, such official of the Borough is directed to supply to all depositories or any other parties with whom the Deposits or Permitted Investments are made, a written copy of this Plan which shall be acknowledged in writing by such parties and a copy of such acknowledgment kept on file with such official.

 

IV.  DESIGNATION OF DEPOSITORIES

 

          The following banks and financial institutions are hereby designed as official depositories for the Deposit of all public funds referred to in the Plan, including any certificates of deposit which are not otherwise invested in Permitted Investments as provided for in this Plan:

 

PNC Bank, N.A.

Crest Savings Bank

Cape Savings Bank

New Jersey Cash Management Plan

New Jersey ARM

MBIA Municipal Investors Service Corporation (CLASS)

Sovereign Bank

Commerce Bank

 

          All such depositories shall acknowledge in writing receipt of this Plan by sending a copy of such acknowledgment to the Designated Official referred to in Section III above.

 

V.   DESIGNATION OF OFFICIALS TO SIGN CHECKS AND WITHDRAWALS OF THE

          BOROUGH OF WILDWOOD CREST

 

          Pursuant to N.J.S.A. 40A:5-17.B(2), the following named officials shall sign checks and authorized withdrawals for the Borough of Wildwood Crest:

 

Carl H. Groon                 or              Joyce P. Gould                or              Don Cabrera

       Mayor                                                                                                              Commissioner, R & F                            Commissioner, P/W

 

                                                                                                Patricia A. Feketics              or                    Loretta G. Scott

                                                                                                 Borough Clerk                                                                 Principal Account Clerk

 

                   Alicia A. Belansen                  

               Chief Financial Officer                                   

 

          All checks and withdrawals shall be signed with three (3) signatures, namely the Commissioner of Revenue and Finance, the Borough Clerk and the Chief Financial Officer, or their alternates as listed above, excepting the Borough of Wildwood Crest Payroll Account which account shall be signed only by the Chief Financial Officer or his/her designee.  Also to be excepted from the aforementioned above is the Tax Collector Lien Redemption Account which account shall be signed only by the Tax Collector, Lyndsey Herman.

 

VI.    DESIGNATION OF BROKERAGE FIRMS AND DEALERS WITH WHOM THE

          DESIGNATED OFFICIALS MAY DEAL

 

          The following brokerage firms and/or dealers and other institutions are hereby designated as firms with whom the Designated Official of the Borough referred to in this Plan may deal for purposes of buying and selling securities identified in this Plan as Permitted Investments or otherwise providing for Deposits. 

          All such brokerage firms and/or dealers shall acknowledge in writing receipt of this Plan by sending a copy of such acknowledgment to the Designated Official referred to in Section III above.

 

NONE DESIGNATED

 

VII. AUTHORIZED INVESTMENTS

 

A.   Except as otherwise specifically provided for herein, the Designated Officials are hereby authorized to invest the public funds covered by this Plan, to the extent not otherwise held in Deposits, in the following Permitted Investments:

 

(1)  Bonds or other obligations of the United States of America or obligations guaranteed by the United State of America;

(2)  Government money market mutual funds;

(3)  Any obligation that a federal agency or a federal instrumentality has issued in accordance with an act of Congress, which security has a maturity date not greater than 397 days from the date of purchase, provided that such obligation bears a fixed rate of interest not dependent on any index or other external factor;

(4)  Bonds or other obligations of the Local unit or bonds or other obligations of school districts of which the Local Unit is a part or within which the school district is located;

(5)  Bonds or other obligations, having a maturity date not more than 397 days from the date of purchase, approved by the Division of Investment of the Department of the Treasury for investment by Local Units;

(6)  Local Government investment pools;

(7)  Deposits with the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L. 1977, c.281 (C.52:18A-90.4); or

(8)  Agreements for the repurchase of fully collateralized securities if:

 

(a)   the underlying securities are permitted investments pursuant to paragraphs (1) and (3) of this subsection a;

(b)  the custody of collateral is transferred to a third part;

(c)   the maturity of the agreement is not more than 30 days;

(d)  the underlying securities are purchased through a public depository as defined in section 1 of P.L.. 1970, c.236 (C.17:9-41); and

(e)   a master repurchase agreement providing for the custody and security of collateral is executed.

(9)  Any other instrument/security authorized pursuant to N.J.S.A. 40A:5-15.1.

 

          For purposes of the above language, the terms “government money market mutual fund” and “local government investment pool” shall have the following definitions:

 

          Government Money Market Mutual Fund.  An investment company or investment trust:

 

(a)   which is registered with the Securities and Exchange Commission under the “Investment Company Act of 1940,” 15 U.S.C.. sec. 80a-1 et. seq., and operated in accordance with 17 C.F.R. sec. 270.2a-7.

(b)  the portfolio of which is limited to U.S. Government securities that meet the definition of any eligible security pursuant to 17 C.F.R. sec. 270.2a-7 and repurchase agreements that are collateralized by such U.S. Government securities; and

(c)   which has:

(i)    attained the highest ranking or the highest letter and numerical rating of a nationally recognized statistical rating organization; or

(ii)  retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission pursuant to the “Investment Advisors Act of 1940,” 15 U.S.C. sec. 80b-1 et. seq., with experience investing in U.S. Government securities for at least the most recent past 60 months and with assets under management in excess of $500 million.

 

          Local Government Investment Pool.  An investment pool:

 

(a)   which is managed in accordance with 17 C.F.R. sec. 270.2a-7;

(b)  which is rated in the highest category by a nationally recognized statistical rating organization;

(c)   which is limited to U.S. Government securities that meet the definition of an eligible security pursuant to 17 C.F.R. sec. 270.2a-7 and repurchase agreements that are collateralized by such U.S. Government securities;

(d)  which is in compliance with rules adopted pursuant to the “Administrative Procedure Act,” P.L. 1968, c.410 (c.52:14B-1 et. seq.) by the Local Finance Board of the Division of Local Government Services in the Department of Community Affairs, which rules shall provide for disclosure and reporting requirements, and other provisions deemed necessary by the board to provide for the safety, liquidity and yield of the investments;

(e)   which does not permit investments in instruments that: are subject to high price volatility with changing market conditions; cannot reasonably be expected, at the time of interest rate adjustment, to have a market value that approximates their par value; or utilize an index that does not support a stable net asset value; and

(f)   which purchases and redeems investments directly from the issuer, government money market mutual fund, or the State of New Jersey Cash Management Fund, or through the use of a national or State bank located within this State, or through a broker-dealer which, at the time of purchase or redemption, has been registered continuously for a period of at least two years pursuant to section 9 of P.L. 1967 c.9 (C.49:3-56) and has at least $25 million in capital stock (or equivalent capitalization if not a corporation), surplus reserves for contingencies and undivided profits, or through a securities dealer who makes primary markets in U.S. Government securities and reports daily to the Federal Reserve Bank of New York its position in and borrowing on such U.S. Government securities.

B.    Notwithstanding the above authorization, the monies on hand in the following funds and accounts shall be further limited as to maturities, specific investments or otherwise as follows:

 

Limited only to maturities, 1 year or less

 

VIII. SAFEKEEPING CUSTODY PAYMENT AND ACKNOWLEDGMENT OF RECEIPT OF  

          PLAN

 

          To the extent that any Deposit or Permitted Investments involve a document or security which is not physically held by the Borough, then such instrument or security shall be covered by a custodial agreement with an independent third party, which shall be a bank or financial institution in the State of New Jersey.  Such institution shall provide for the designation of such investments in the name of the Borough to assure that there is no unauthorized use of the funds or the Permitted Investments or Deposits.  Purchase of any Permitted Investments that involve securities shall be executed by a “delivery versus payment” method to insure that such Permitted Investments are either received by the Borough or by a third party custodian prior to or upon the release of the Borough’s funds.

 

          To assure that all parties with whom the Borough deals either by way of Deposits or Permitted Investments are aware of the authority and the limits set forth in this Plan, all such parties shall be supplied with a copy of this Plan in writing and all such parties shall acknowledge the receipt of that Plan in writing, a copy of which shall be on file with the Designated Official(s).

 

IX. REPORTING REQUIREMENTS

 

          On a monthly basis, the Designated Official referred to in Section III hereof shall supply to the governing body of the Borough a written report of any Deposits or Permitted Investments made pursuant to this Plan, which shall include, at a minimum, the following information:

A.   The name of any institution holding funds of the Borough as a Deposit or a Permitted Investment.

B.    The amount of securities or Deposits purchased or sold during the immediately preceding month.

C.    The earned income on such Deposits or Permitted Investments as of their maturity.

D.   All hard cost fees incurred to undertake such Deposits or Permitted Investments.

E.    The market value of all Deposits or Permitted Investments as of the end of the immediately preceding month.

F.     All other information which may be deemed reasonable from time to time by the governing body of the Borough.

 

X.   TERM OF PLAN

 

          This Plan shall be in effect from its date of adoption in 2016 to December 31, 2016.  The Plan may be amended from time to time.  To the extent that any amendment is adopted by the governing body, the Designated Official is directed to supply copies of the amendment(s) to all of the parties who otherwise have received a copy of the originally approved Plan, which amendment shall be acknowledged in writing in the same manner as the original Plan was so acknowledged.

 

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.  849-17

WHEREAS, by direction of the Cape May County Board of Taxation, adopted pursuant to the terms and provisions of N.J.A.C. 18:12A-1.6(d), any and all tax appeals seeking either increases or decreases of Tax Assessment which shall be submitted to the Cape May County Board of Taxation by the various municipalities which are situated in the County of Cape May are required to, as a prerequisite to their filing, be authorized by a Resolution of the Tax District involved; and

 

WHEREAS, upon being appraised of said fact, the Tax Assessor of the Borough of Wildwood Crest requested that a Resolution authorizing the execution of such tax appeals by the Tax Assessor of the Borough of Wildwood Crest be authorized by the governing body of the Borough of Wildwood Crest so that disposition of the same may be made by the Cape May County Board of Taxation.

 

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

 

1.     That Kevin Maloney, Tax Assessor of the Borough of Wildwood Crest, be and he hereby is authorized to both pursue and defend to completion Tax Appeals on behalf of the Borough of Wildwood Crest for either increase or decreases in Tax Assessments for the calendar year 2017, for disposition by the Cape May County Board of Taxation.

 

 

 

2.     That Patricia A. Feketics, Borough Clerk of the Borough of Wildwood Crest, be and she hereby is instructed to direct certified copies of this Resolution to the following persons or agencies:

A.   Kevin Maloney, Tax Assessor of the Borough of Wildwood Crest;

B.    Lyndsey Herman, Tax Collector of the Borough of Wildwood Crest; and

C.    Cape May County Board of Taxation.

 

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.  850-17

2017 TAX TITLE LIEN SALE

WHEREAS, N.J.S.A. 54:5-19 requires the governing body by Resolution to empower the Tax Collector to conduct a tax sale in 2017 for properties with unpaid taxes, sewer and /or other municipal charges or charges in arrears from the prior fiscal year, as well as temporarily hold out of tax sale certain properties that comply with specifically defined conditions and circumstances; and

 

WHEREAS, there are properties with delinquent charges as noted above, as well as certain properties as designated on the 2016 tax sale list which comply with said conditions and circumstances to be temporarily withheld from the tax sale for 2016 taxes, sewer and other municipal charges.

 

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 the Tax Collector be empowered to conduct a tax sale in 2016 as referenced above, and temporarily hold out of the tax sale any such property which conforms to the specifically defined conditions and circumstances as promulgated in N.J.S.A. 54:5-19 and/or any other provision of New Jersey Statutory 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.  851-17

RESOLUTION AUTHORIZING INTEREST RATE,

GRACE PERIOD AND YEAR-END PENALTY FOR 2017

                WHEREAS, N.J.S.A. 54:4-67 et seq. permits the governing body to fix the rate of interest to be charged for the nonpayment of taxes, sewer or other municipal charges.

 

                NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Wildwood Crest, the rate of interest on unpaid taxes and sewer shall be eight (8) percent per annum on the first one thousand five hundred dollars ($1,500.00) of delinquency and eighteen (18) percent per annum on any amount in excess of one thousand five hundred dollars ($1,500.00) to be calculated from the date the tax, sewer or other municipal charges were payable until the date of actual payment.  No interest shall be charged if payment is made on or before the tenth (10th) calendar day following the date upon which the same is payable.

 

                BE IT FURTHER RESOLVED, in addition to the interest provided above, all delinquencies in excess of ten thousand dollars ($10,000.00) which are not paid prior to the end of the year will be subject to a year-end penalty of six (6) percent.

 

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.  852-17

CANCELLATION OF 2016 TAX AND/OR SEWER

BALANCES OF $5.00 OR LESS

 

                WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax overpayments or delinquent amounts of five (5) dollars or less; and

 

WHEREAS, there also exists a need to apply the same provision as promulgated in N.J.S.A. 40A:5-17 to the cancellation of municipal sewer overpayments and delinquencies of five (5) dollars or less.

 

                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 the Tax Collector is hereby authorized to cancel without any further action on the part of the Governing Body, any property tax and/or municipal sewer overpayments and/or delinquencies of $5.00 or less. 

 

 

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.  853-17

Resolution Reapproving Custodian Alicia Belansen, CFO, as Custodian for the Wildwood Crest Administrative Offices established Petty Cash Fund in the amount of Two Hundred Fifty Dollars

 

WHEREAS,  Alicia Belansen, CFO, has been designated as the Custodian of the Petty Cash Fund for the Wildwood Crest Administrative Offices in the amount of $250,  and

 

WHEREAS, there are no changes being made for the year 2017.

 

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 Alicia Belansen, CFO, continue as the Custodian of the Petty Cash Fund for the Wildwood Crest Administrative Offices, said fund not to exceed the sum of $250.

 

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.  854-17

Resolution Reapproving Custodian Joseph McGrath for the Wildwood Crest Police Department established Petty Cash Fund in the amount of Two Hundred Dollars

 

WHEREAS,  Chief Joseph McGrath has been designated as the Custodian of the Petty Cash Fund for the Wildwood Crest Police Department in the amount of $200,  and

 

WHEREAS, there are no changes being made for the year 2017.

 

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 Chief Joseph McGrath continue as the Custodian of the Petty Cash Fund for the Wildwood Crest Police Department, said fund not to exceed the sum of $200.

 

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.  855-17

WHEREAS, Resolution No. 820-16 adopted December 14, 2016 served to authorize the appointment of Alicia A. Belansen as fulfilling the unexpired term of the previous Chief Financial Officer of the Borough of Wildwood Crest, which terminated December 31, 2016, in accordance with the provisions of N.J.S.A. 40A:9-12.1; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough to appoint Alicia A. Belansen as Chief Financial Officer of the Borough of Wildwood Crest;

 

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.             That the allegations of the preamble are incorporated herein as if fully set forth.

 

                2.             That Alicia A. Belansen shall hereby continue to serve as Chief Financial Officer of the Borough of Wildwood Crest, on a full-time basis, as is hereby reappointed as of January 1, 2017, at an annual rate of pay provided for in the existing Salary Ordinance of the Borough of Wildwood Crest,  and in accordance with the provisions of N.J.S.A. 40A: 9.140.8 and N.J.S.A. 40A: 9-140.10, for a term of four (4) years, and shall include the performance of all required duties and responsibilities as Chief Financial Officer/Treasurer of the Borough of Wildwood Crest under authority of the 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.  856-17

 

WHEREAS, it has been determined by the Commissioner of the Department of Revenue and Finance that certain appointments should be made in the Department of Revenue and Finance, all as more particularly described and otherwise authorized in accordance with the provisions of N.J.S.A. 40:72-1, et. seq.; and

 

WHEREAS, in reliance upon the foregoing statutory authority, re-appointment has been made by the Director of the Department of Revenue and Finance as follows:

 

LYNDSEY HERMAN, to serve as Tax Collector, on a full-time basis, within the Department of Revenue and Finance, effective January 1, 2017, at an annual salary in accordance with the provisions of the current “Salary Ordinance” of the Borough of Wildwood Crest.

 

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, pursuant to N.J.S.A. 40A:9-141 and N.J.S.A. 40A:9-142, et. seq., that the foregoing appointment be and the same is hereby confirmed and ratified.

 

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.  857-17

WHEREAS, there exists the need for the “Professional Services” of an attorney, to be retained by the Borough as a MUNICIPAL PROSECUTOR, for the performance of prosecutorial duties and related work in the Wildwood Crest Municipal Court; 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, Ronald J. Gelzunas, Esquire has completed and submitted a Business Entity Disclosure Certification which certifies that  Ronald J. Gelzunas, Esquire, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 RONALD J. GELZUNAS, ESQUIRE who shall be compensated by voucher on the basis of a “not to exceed amount of $18,000 annually,” contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as upon the governing body appropriating sufficient funds in the 2017 Municipal Budget, 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 Municipal Prosecutor 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.

 

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.  858-17

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard to Municipal Public Defender

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to perform services on behalf of the municipality with regard to Public Defender duties; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of Municipal Public Defender; 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 Andrew J. Cafiero, Esquire of the firm of Cafiero & Kaufmann, A Professional Association is qualified to perform the said work and it is desired to enter a professional contract with him for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association has completed and submitted a Business Entity Disclosure Certification which certifies that Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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.                   Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association is hereby retained as Municipal Public Defender to provide specialized professional services in the field of municipal public defender. 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 Andrew J. Cafiero, Esquire, of the firm of Cafiero & Kaufmann, A Professional Association for specialized professional services as Municipal Public Defender for a term commencing January 1, 2017 and terminating December 31, 2017, which contract shall provide for fees not to exceed $13,000.00 annually, contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

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

________________                    ________________          _______________________________

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  859-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with POGUE SAFETY & HEALTH CONSORTIUM be and the same is hereby authorized and approved effective immediately and through December 31, 2017, for the express purpose of enabling said POGUE SAFETY & HEALTH CONSORTIUM to develop, schedule, and provide alcohol and drug testing services at a total cost of Fifty-Eight ($58.00) Dollars per employee trained, for all CDL (Commercial Driver’s License) operators employed by the Borough of Wildwood Crest; said compliance being required by the federally mandated CDL testing procedures which are made a part hereof by reference as if fully set forth.

                BE IT FURTHER RESOLVED that the Mayor and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds from the CFO upon submission of individual invoices.

 

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.  860-17

 

          WHEREAS, there exists the need for the “Professional Services” of SPECIAL COUNSEL, to be retained by the Borough to assist the Borough and its legal counsel in helping the Borough address its responsibilities with respect to its affordable-housing obligations in any proceeding involving (a) a New Jersey court of competent jurisdiction, and/or (b) the New Jersey Council on Affordable Housing (“COAH”), and 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 Jeffrey R. Surenian and Associates, LLC who shall be compensated by voucher at the agreed upon hourly rates, not to exceed Five Thousand ($5,000) contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution. Said Special Counsel is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

          4.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in the Herald of Cape May County as required by law within ten (10) days of passage of the 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.  861-17

WHEREAS, there exists the need for an ANIMAL CONTROL OFFICER AND SERVICES to be retained by the Borough for the performance of animal control, animal cruelty investigation, wildlife removal and road kill disposal services and related duties associated therewith, as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

          WHEREAS, SHORE ANIMAL CONTROL SERVICES, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that SHORE ANIMAL CONTROL SERVICES, LLC will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 to any political committee or candidate through the term of this contract, December 31, 2017.

 

          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 SHORE ANIMAL CONTROL SERVICES, LLC, who shall be compensated by voucher at the agreed upon rate of Nine Hundred Fifty ($950) Dollars per month for a total of Eleven Thousand Four Hundred ($11,400) Dollars, 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 Animal Control Officer is further required to comply with all other conditions/provisions of law or regulation applicable, including but not limited to procuring/maintaining sufficient insurance coverage 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 as a competitive contract with price and other factors most advantageous for the Borough of Wildwood Crest for the period of January 1, 2017 through December 31, 2017.

 

          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.

 

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. Groon, that the foregoing Resolution be adopted.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  862-17

WHEREAS, there exists the need for the “Extraordinary Unspecifiable Services” of a firm to be retained by the Borough for the performance of computer technology support services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

          WHEREAS, South Jersey Technology Partnership has completed and submitted a Business Entity Disclosure Certification which certifies that South Jersey Technology Partnership will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 4, 2017 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 Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with South Jersey Technology Partnership, who shall be compensated by voucher at the agreed upon rate of $15,600.00 per year for comprehensive remote network monitoring and administration services for 2017, contingent upon certification below from the Chief Financial Officer as to the availability of funds as well as the governing body setting sufficient funds in the 2017 municipal budget, 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 South Jersey Technology Partnership is further required to comply with all other conditions/provisions of law or regulation applicable to a “Extraordinary Unspecifiable 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.  This contract is awarded pursuant to N.J.S.A. 40A:11-1 (dd) which states “The provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software, except that this provision shall not be utilized to acquire or upgrade non-proprietary hardware or to acquire or update non-proprietary software.”

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Extraordinary Unspecifiable 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.

 

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.  863-17

WHEREAS, there exists the need for the “Professional Services” of a HEARING OFFICER, to be retained by the Borough for all Department of Personnel (a/k/a Civil Service) disciplinary action hearings and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

          WHEREAS, Steven Secare, Esq. 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, 2017 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 Steven Secare, Esq. who shall be compensated by voucher at the agreed upon rate of $150.00 per hour, not to exceed $9,500 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 Hearing Officer 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.

 

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.  864-17

Authorizing Retention Via Professional Services Agreement

Of A Law Firm Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations, and specifically excluding employment litigation for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations; 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 William G. Blaney, Esquire, of the law firm Blaney & Karavan of Avalon, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, William G. Blaney, Esquire, has completed and submitted a Business Entity Disclosure Certification which certifies that Blaney & Karavan, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 4, 2017 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.                   William G. Blaney, Esquire of Avalon, New Jersey is hereby retained as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, and employer-employee relations for the period January 1, 2017 through December 31, 2017. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time. Said services shall specifically exclude employment litigation, for which the Borough reserves the right to retain outside counsel for representation of the Borough’s interests.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with William G. Blaney, Esquire of the law firm Blaney & Karavan, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds upon the submission of detailed monthly invoices.

 

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.

 

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.  865-17

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel Specializing In Labor Relations

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in labor relations in the field of collective bargaining negotiations, personnel administration, and employer-employee relations in an employee administrative proceeding and litigation; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of labor relations, collective bargaining negotiations, personnel administration and employer-employee relations and litigation; 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 William G. Blaney, Esquire,  of the law firm of Blaney & Karavan, P.A., of Avalon, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, William G. Blaney, Esquire, of the law firm of Blaney & Karavan, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that William G. Blaney, Esquire and Blaney & Karavan, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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.                   William G. Blaney, Esquire of the law firm of Blaney & Karavan, P.A., of Avalon, New Jersey is hereby retained as Special Counsel as a professional labor negotiator to provide specialized professional services in the field of collective bargaining negotiations, personnel administration, employee disciplinary actions, and employer-employee relations and litigation for the period January 1, 2017 through December 31, 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 William G. Blaney, Esquire, of the law firm of Blaney & Karavan, P.A., for specialized professional services in the field of collective bargaining negotiations, personnel, administration, and employer-employee relations and litigation, as aforesaid, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred forty ($140.00) dollars per hour.  Said award is further contingent upon the certification of availability of funds upon submission of monthly invoices.

 

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.

 

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.  866-17

Authorizing Retention Via Professional Services Agreement

Of A Law Firm With Regard Bond Counsel

 

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Firm to assist the municipality with the selling of bonds, or bond anticipation notes, for financing the cost of the capital improvement program and for the rendering of legal opinions related thereto; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of municipal bonds; 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 of Hawkins, Delafield & Wood is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Hawkins, Delafield & Wood has completed and submitted a Business Entity Disclosure Certification which certifies that Hawkins, Delafield & Wood will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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.                   Hawkins, Delafield & Wood is hereby retained as Bond Counsel to provide specialized professional services in the field of municipal bond work. 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 Hawkins, Delafield & Wood for specialized professional services as Bond Counsel for a term of one (1) year, which contract shall provide for fees to be calculated as set forth in the letter of Hawkins, Delafield & Wood dated November 22, 2016 and attached hereto, contingent upon certification below from the Chief Financial Officer as to the availability of funds for specific municipal bond work.

 

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.

 

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.  867-17

WHEREAS, there exists the need for the “Services” of a firm to be retained by the Borough for the performance of Community Rating System (CRS) Consulting services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

                                                                                                WHEREAS, SALVATORE DeSIMONE has completed and submitted a Business Entity Disclosure Certification which certifies that SALVATORE DeSIMONE will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2017.

 

          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 SALVATORE DeSIMONE, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $4,000, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said SALVATORE DeSIMONE is further required to comply with all other conditions/provisions of law or regulation applicable to a “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.The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

          4.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the 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.  868-17

WHEREAS, there exists the need for the “Extraordinary Unspecifiable 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 “Extraordinary Unspecifiable 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, 2017 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 “Extraordinary Unspecifiable 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.  This contract is awarded pursuant to N.J.S.A. 40A:11-1 (dd) which states ”The provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software, except that this provision shall not be utilized to acquire or upgrade non-proprietary hardware or to acquire or update non-proprietary software.”

 

             3.  That the aforesaid contract is awarded without competitive bidding as a “Extraordinary Unspecifiable 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.

 

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.  869-17

WHEREAS, there exists the need for the “Professional Services” of an SEC CONTINUING DISCLOSURE SPECIALIST, to be retained by the Borough for the performance of SEC Continuing Disclosure work 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, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award; and

 

          WHEREAS, all work required of PHOENIX ADVISORS, LLC, under contract dated January 6, 2016 has been completed; and

 

          WHEREAS, PHOENIX ADVISORS, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Phoenix Advisors, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 PHOENIX ADVISORS, LLC, 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 a not to exceed amount of $3,000, 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 Auditor 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.

 

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.  870-17

 

WHEREAS, there exists the need for a COST REPORTING AND REIMBURSEMENT SPECIALIST, to be retained by the Borough for the performance of preparation of fixed assets accounting and reporting system and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

          WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award;

 

          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 TAG CONSULTING GROUP, who shall be compensated by voucher at the agreed upon rates, not to exceed $1,200.00, 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. 

 

          3.  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.

 

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.  871-17

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH AUDITOR, to be retained by the Borough for the performance of auditing/accounting work 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, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award; and

 

          WHEREAS, Michael S. Garcia, RMA, of the firm of Ford Scott Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Michael S. Garcia, RMA, and the firm of Ford Scott Associates, LLC, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 MICHAEL S. GARCIA, RMA, of the firm of Ford Scott Associates, LLC, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds, as well as the governing body setting sufficient funds in the 2017 Municipal Budget, in accordance with the proposal dated, November 22, 2016, attached hereto, at a not to exceed amount of $33,700, 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 Auditor 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.

 

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.  872-17

RISK MANAGEMENT CONSULTANT

ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, has resolved to join Atlantic County Municipal Joint Insurance Fund, a self insurance pooling fund, following a detailed analysis; and

 

WHEREAS, the by-laws of said Fund require that each municipality appoint a RISK MANAGEMENT CONSULTANT to perform various professional services as detailed in the by-laws as well as other “insurance broker of record duties”, including but not limited to the authorized placement of independent statutory bonds, flood and health insurance policies; and

 

WHEREAS, the by-laws indicate a fee not to exceed six (5%) percent of the municipal assessment, which expenditure represents reasonable compensation for the services required and was included in the cost considered by the Board of Commissioners; and

 

WHEREAS, the judgmental nature of the RISK MANAGEMENT CONSULTANT’s duties renders comparative bidding impractical; and

 

WHEREAS, the Commissioner of Revenue and Finance has determined that J. BYRNE AGENCY is best qualified to provide the services specified herein; and

 

WHEREAS, said award of Professional Services Contract is in excess of $17,500.00 and, on this basis, is subject to the provisions of N.J.S.A. 19:44A-20.4, et. seq. (a/k/a Local Unit Pay-To-Play Law);

 

WHEREAS, J. BYRNE AGENCY has completed and submitted a Business Entity Disclosure Certification which certifies that said firm has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1, et. seq., that, pursuant to P.L. 2004, c. 19, would bar the award of this contract in the one year period preceding January 1, 2017 to any political committee or candidate of which any member of the governing body is otherwise affiliated.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that it does hereby appoint J. BYRNE AGENCY as its RISK MANAGEMENT CONSULTANT  AND INSURANCE BROKER OF RECORD for the period commencing January 1, 2017 and terminating effective December 31, 2017 at the rate of compensation equal to FIVE PERCENT (5%) of the Borough’s annual assessment; all of which is contingent upon adequate budgetary provision being made by the governing body in fiscal year 2017, is in accordance with the full provisions of the Consultant’s Agreement, and the provisions of N.J.S.A. 40A:11-5.

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized and directed to execute the Consultant’s Agreement annexed hereto, which agreement is made a part hereof by reference as if fully set forth, and to cause a notice of this decision to be published as required by N.J.S.A. 40A:11-5(1), (a), (i).

 

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.  873-17

WHEREAS, there exists the need for the “Services” of a firm to be retained by the Borough for the performance of Community and Economic Development Services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

          WHEREAS, TRIAD ASSOCIATES has completed and submitted a Business Entity Disclosure Certification which certifies that TRIAD ASSOCIATES will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2017.

 

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

 

          1.  That the allegations of the preamble hereto are incorporated herein as if fully set forth.

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with TRIAD ASSOCIATES, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $5,000, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said TRIAD ASSOCIATES is further required to comply with all other conditions/provisions of law or regulation applicable to a “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.  The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

          4.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the 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.  874-17

WHEREAS, there exists the need for the “Professional Services” of a “Professional Planner”, to be retained by the Borough for the performance of affordable housing planning services to assist the Borough in the process of addressing its Third Round affordable housing obligation 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, CME Associates, has completed and submitted a Business Entity Disclosure Certification which certifies they will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 CME Associates, who shall be compensated by voucher at the agreed upon rates, not to exceed Eleven Thousand Five Hundred  ($11,500) Dollars 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 Professional Planner is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within. 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.

 

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.  875-17

WHEREAS, there exists the need for “Professional Services” for  Professional Planning and Architecture Services on an as-needed basis for the Planning Board of the Borough of Wildwood Crest, 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, Scott Taylor, LLA,AICP, PP, LEEP, AP and Vice President of Taylor Design Group, is experienced and capable of providing the necessary planning and architectural services needed by the Planning Board of the Borough of Wildwood Crest and has submitted all required documents:

 

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 effective immediately through December 31, 2017, Scott Taylor, Vice President of Taylor Design Group, who shall be compensated pursuant to attached proposal, but in no case shall the compensation exceed Nine Thousand Five Hundred Dollars.

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 the public bidding as a Professional Services Contract and has not been awarded in accordance with the open and fair process of the New Jersey Pay to Play 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.    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 the 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.  876-17

Authorizing Retention Via Professional Services Agreement

Of An Engineer Specializing In CAFRA PERMITS

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of an Engineering firm specializing in CAFRA PERMITS; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of engineering; 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 Mott MacDonald, of Cape May Court House, New Jersey is qualified to perform said work and it is desired to enter a professional contract with Mott MacDonald for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, the firm Mott MacDonald , has completed and submitted a Business Entity Disclosure Certification which certifies that Mott MacDonald, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2017 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 Mott MacDonald, of Cape May Court House, New Jersey is hereby retained as Engineer to provide specialized professional services for the preparation of a CAFRA Individual Permit for the proposed Public Access Improvements for the period not to exceed one year.  The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Commissioner of Public Safety and Borough Clerk be and they are hereby authorized and directed to enter into a contract with the firm Mott MacDonald of Cape May Court House, New Jersey for specialized professional services for the preparation of a CAFRA Individual Permit for the proposed Public Access Improvements for the period indicated above, which contract shall provide for payment at the not to exceed amount of Ten Thousand ($10,000) 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.  877-17

WHEREAS, there exists the need for the “Extraordinary Unspecifiable Services” of a NETWORK SUPPORT / INFORMATION TECHNOLOGY  SPECIALIST, to be retained by the Borough for all 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 “Extraordinary Unspecifiable Services” without competitive bids must be publicly advertised; and

 

          WHEREAS, Contemporary Technologies, Inc. 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, 2017 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 Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with Contemporary Technologies, Inc., who shall be compensated by voucher at the agreed upon rate of $80.00 per hour, and $100.00 per hour for emergency call outs and unplanned assistance between 11:00 p.m. and 8:00 a.m., not to exceed $44,000, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Network Support / Information Technology Specialist is further required to comply with all other conditions/provisions of law or regulation applicable to a “Extraordinary Unspecified 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.  This contract is awarded pursuant to N.J.S.A. 40A:11-1 (dd) which states ”The provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software, except that this provision shall not be utilized to acquire or upgrade non-proprietary hardware or to acquire or update non-proprietary software.”

 

          3.  That the aforesaid contract is awarded without competitive bidding as a “Extraordinary Unspecifiable 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.

 

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.  878-17

Authorizing Award of a Professional Services Contract with

Econsult Solutions Inc. for COAH related matters

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of  Econsult Solutions Inc., specializing in matters concerning Mount Laurel and COAH related litigation; and

 

WHEREAS, it is desired to employ a professional, who is duly trained, experienced and specialized in the area of matters concerning Mount Laurel and COAH related litigation; 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 Econsult Solutions Inc. is qualified to perform said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Econsult Solutions Inc., has completed and submitted a Business Entity Disclosure Certification which certifies they will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing March 9, 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.                   Econsult Solutions, Inc. is hereby retained to provide specialized professional services in COAH related matters for the period January 1, 2017 through December 31, 2017.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Econsult Solutions Inc. for specialized services stated above for the period indicated above, in an amount not to exceed  Five Thousand ($5,000) 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.  879-17

Authorization to Purchase Under State Cooperative Purchasing Contract

 

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

 

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

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that this Resolution shall constitute an authorization to purchase under the State Cooperative Purchasing contract, subject to all conditions applicable to the current State Contract.

 

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

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2017 or upon expiration of a particular vendor’s State Contract, whichever event first

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.  880-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with KML TECHNOLOGY, INC. be and the same is hereby authorized and approved effective January 1, 2017 through December 31, 2017, for the express purpose of enabling said KML TECHNOLOGY, INC. to provide technology support and service for SmartDMS 911 System within 4 business hours for Emergency Maintenance and by 5:00 P.M. the next business day for Remedial Maintenance at the not to exceed amount of $4,500.00.

BE IT FURTHER RESOLVED that the Mayor and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds below from the CFO.

 

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.  881-17

WHEREAS, Harry Mitchell, Class IV Member of the Planning Board has resigned effective immediately, and Mayor Carl H. Groon has determined that Fred Mettler, Alternate #1 should be moved to fill the vacancy of Harry Mitchell, and

 

WHEREAS, Mayor Carl Groon has determined that Joseph Schiff, Alternate 2 should move to fill the vacancy of Fred Mettler, Alternate 1 who is filling the Class IV Member vacancy, and

 

WHEREAS, Jerry D’Antonio has expressed an interest in the Planning Board and Mayor Carl Groon has determined that Jerry D’Antonio should be appointed to fill the Alternate #2 position  opened by Joseph Schiff’s appointment as Alternate #1, and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the Planning Board appointments listed below by Mayor Groon.

 

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.                   That the appointment of FRED METTLER by Mayor Carl H. Groon as Class IV Member of the Planning Board with a term expiring December 31, 2018 is hereby confirmed and ratified effective immediately.

2.                   That the appointment of JOSEPH SCHIFF, by Mayor Carl H. Groon as Alternate #1 Member of the Planning Board with a term expiring December 31, 2017 is hereby confirmed and ratified effective immediately.

3.                   That the appointment of JERRY D’ANTONIO, by Mayor Carl H. Groon as the Alternate #2 Member of the Planning Board with a term expiring December 31, 2018 is hereby confirmed and ratified effective immediately.

 

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.  882-17

WHEREAS, Regular Member Greg Grasso and Caroline Pantalone, Alternate #2 member of the Zoning Board have submitted resignations, and

 

WHEREAS, Mayor Carl H. Groon has determined that Pauline Levy, Alternate #1 member should fill the vacancy of Greg Grasso for the unexpired term ending December 31, 2019, and

 

WHEREAS, Mayor Carl H. Groon has recommended that Vincent Tenaglia fill the Alternate #1 vacancy previously held Pauline Levy for the unexpired term ending December 31, 2017, and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the Zoning Board appointments listed below by Mayor Groon;

 

PAULINE LEVY, as a Regular Member, member, for the unexpired term of Greg Grasso ending December 31, 2019;

 

VINCENT TENAGLIA as Alternate Member #1, for the unexpired term of Pauline Levy ending December 31, 2017

 

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.       That the appointment of PAULINE LEVY, by Mayor Carl H. Groon as a Regular Member of the Zoning Board with for the unexpired term ending December 31, 2019 is hereby confirmed and ratified effective immediately.

 

2.       That the appointment of VINCENT TENAGLIA, by Mayor Carl H. Groon as a ALTERNATE #1 Member of the Zoning Board with a term expiring December 31, 2017 is hereby confirmed and ratified effective immediately.

 

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.  883-17

WHEREAS, the terms of Charles Schumann and Maryann Hornsby expired December 31, 2016 and Mayor Carl H. Groon has determined to re-appoint CHARLES SCHUMANN and MARYANN HORNSBY, as a Regular Members to Environmental Commission; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the Environmental Commission re-appointments listed below by Mayor Groon;

 

1.      CHARLES SCHUMANN, as a Regular Member for a three year term.

2.      MARYANN HORNSBY, as a Regular Member for a three year term.

 

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

 

That the re-appointment of CHARLES SCHUMANN and MARYANN HORNSBY, by Mayor Carl H. Groon as a Regular Members of the Environmental Commission with a terms expiring December 31, 2019 are hereby confirmed and ratified effective immediately.

 

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.  884-17

REAPPOINTMENT OF TOURISM COMMISSION MEMBERS

MICHAEL DI ANTONIO AND ROBERT PATTERSON

 

WHEREAS, the terms of MICHAEL DI ANTONIO & ROBERT PATTERSON as a members of the TOURISM COMMISSION of the Borough of Wildwood Crest expired December 31, 2016; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint MICHAEL DI ANTONIO & ROBERT PATTERSON as  members of the TOURISM COMMISSION of the Borough of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that MICHAEL DI ANTONIO and ROBERT PATTERSON be and are hereby re-appointed as  members of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2017, and expiring December 31, 2018.

 

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.  885-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that JEFF WALDEN be, and he is hereby re-appointed the business person representative of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term of one (1) year commencing effective January 1, 2017, and terminating December 31, 2017.

 

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.  886-17

WHEREAS, the terms of TONI FUSCELLARO and JAMES GRAUEL as members of the RECREATION COMMISSION of the Borough of Wildwood Crest expired December 31, 2016; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint TONI FUSCELLARO and JAMES GRAUEL to their positions.

 

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 TONI FUSCELLARO and JAMES GRAUEL be and are hereby re-appointed as a members of the RECREATION COMMISSION of the Borough of Wildwood Crest for a three (3) year term commencing January 1, 2017, and expiring December 31, 2019.

 

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

 

PUBLIC COMMENTS:

 

The Mayor opened the floor for Public commentary.  Hearing nothing from the public, the Mayor opened the Discussion portion.  Having no new business to discuss, the Mayor asked if the commissioners had any updates with regard to old business.  The Mayor and the Administrator confirmed that they had a meeting with US Army Corps of Engineers and the DEP in Trenton on January 13, 2016 to ensure they understood the Borough’s perspective with regard to the proposed dune.  There being no further developments in old business, the Mayor was once again opened the floor for public comments.  Chief Joseph McGrath of the Wildwood Crest Police Department wanted to thank Randolph Lafferty, the former Prosecutor for the Borough, for his number of years of excellent service.

 

After hearing nothing further, Mr. Groon motioned, seconded by Mrs. Gould that the meeting be adjourned.  All were in favor.  The time was 9:52 a.m.

 

Dated: January 25, 2017

Patricia A. Feketics, Borough Clerk  

MINUTES OF MEETINGS INDEX