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Minutes of Commissioners Meeting   -   April 26, 2017

Note:  Complete Meeting Appears on CD #10-17 on File in the Borough Clerk's Office. April 26, 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 5:30 p.m.  On roll call the following answered to their names:

 

Gould –    Cabrera –   Groon        YES

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by 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 Commissioners presented the following civilians a Life Saving Award for their efforts in a recent fire:  John Lynch, Zachary Ruffo, and Robert Murray.  The Mayor indicated that the Mayor from Wildwood, Ernest Troiano, Jr., could not make it, but wanted to thank him on the record for his actions.

 

THE CLERK READS THE FOLLOWING ORDINANCE BY TITLE:

ORDINANCE NO. 1254

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 79

OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY

OF CAPE MAY AND STATE OF NEW JERSEY, VEHICLE AND TRAFFIC,

ARTICLE II PROHIBITED PARKING: PROHIBITED STOPPING OR STANDING

AND TIME LIMIT PARKING, 79-7 HANDICAPPED PARKING

 

Mrs. Gould motions, Mr. Cabrera seconds that Ordinance No. 1254 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on May 10, 2017 at 9:30 a.m.

Vote:          Gould - Cabrera - Groon   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  947-17

WHEREAS, there exists the need for “Professional Services” for a Conflict Solicitor for the Borough of Wildwood Crest Zoning Board, and 

 

WHEREAS, Avery Teitler, of Teitler and Teitler, LLC, is authorized to act as “conflict” counsel for the Wildwood Crest Zoning Board in connection with Docket number CPM-L-80-17-Complaint in Lieu of Prerogative Writ; 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, the Commissioners of the Borough of Wildwood Crest concur with the Zoning Board’s recommendation to appoint of  Avery Teitler to serve as the Conflict Counsel for the Zoning Board to handle all legal work necessary to defend the Complaint in Lieu of Prerogative Writ as mentioned herein.

 

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

 

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

2.    That the Mayor and Borough Clerk be and they are hereby authorized, instructed and empowered to execute the attached agreement effective immediately through December 31, 2017, with Avery Teitler, who shall be compensated pursuant to attached agreement, at the billable rate of $160.00 per hour not to exceed $9500.00.

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.    The award of this contract is contingent upon production of the Business Entity Disclosure Certificate, Affirmative Action Compliance Notice, New Jersey Certificate of Employee Information Report, New Jersey Business Registration Certificate and proof of insurance as required in the contract and certification from the Chief Financial Officer as to the availability of funds.

 

5.    A copy of the specific items pertaining to the award of this contract shall be published in a notice of award in The Herald of Cape May County as required by 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.  948-17

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and she is hereby authorized, instructed and empowered to advertise Notice of Availability of Requests for Qualifications and Proposals in The Herald of Cape May County issue of May 3, 2017.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, June 20, 2017 at 10:00 a.m., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

Website Development

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.  949-17

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

            WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2016 property taxes and/or utility payments; and

 

                WHEREAS, an overpayment was created for the reason listed below, and

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

13-10.02                                                Weiss, Diane                                                                         Amount

2016 Tax                              121 W. Lavender                                                                  $973.23

                                                Mortgage Company paid incorrect parcel

For 2016 4th quarter.

                                                Refund overpayment to Corelogic 

                                               

                NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax Collector should mark the records accordingly to reflect said refund as per the meeting on April 26, 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.  950-17

WHEREAS, on April 3, 2017 , KARIN SCHWINN , 101 E. Lotus Rd. , Wildwood Crest, NJ 08260 , paid the permit fee of fifteen dollars ($ 15.00 ) for the 2017 Borough Wide Yard Sale, to be held May 6, 2017 ; and

                                                                                                                                                         

WHEREAS, on April 21, 2017 , KARIN SCHWINN, 101 E. Lotus Rd., Wildwood Crest, NJ 08260, requested a full refund of the yard sale permit fee due to family circumstances that have arisen which prohibit her from participating in the yard sale; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and she is hereby authorized and directed to cause a refund in the amount of fifteen dollars ($15.00) to be made to KARIN SCHWINN, 101 E. Lotus Rd., Wildwood Crest, NJ 08260 for the reason set forth hereinabove.

 

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.  951-17

WHEREAS, on APRIL 19, 2017 , A. SCOTT WORTHINGTON , 69 Sunset Dr. , New Hope, PA 18938 , applied for a Special Events Permit for the purpose of the WORTHINGTON-McCARTER WEDDING   to be held on MAY 20, 2017 ,  from 6:00 PM to 6:30 PM, on the HEATHER ROAD BEACH PIER ; and

                                                                                                                                                         

WHEREAS,  A. SCOTT WORTHINGTON, 69 Sunset Dr., New Hope, PA 18938, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  A. SCOTT WORTHINGTON , 69 Sunset Dr., New Hope, PA 18938 for the purpose of the WORTHINGTON-McCARTER WEDDING to be held on MAY 20, 2017, from 6:00 PM to 6:30 PM, on the HEATHER ROAD BEACH PIER.

 

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

Vote:          Gould - Cabrera - Groon   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  952-17

WHEREAS, on April 18, 2017 , KENNETH SPANN , 1506 Pegasus Ct , Toms River, NJ 08755 , applied for a Special Events Permit for the purpose of the SPANN-BURKE WEDDING   to be held on SEPTEMBER 6, 2017, with a rain date of September 7, 2017 ,  from 2:00 PM to 3:00 PM, at the SUNRISE PARK GAZEBO ; and

                                                                                                                                                         

WHEREAS,  KENNETH SPANN, 1506 Pegasus Ct, Toms River, NJ 08755, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  KENNETH SPANN , 1506 Pegasus Ct, Toms River, NJ 08755 for the purpose of the SPANN-BURKE WEDDING to be held on SEPTEMBER 6, 2017, with a rain date of September 7, 2017, from 2:00 PM to 3:00 PM, at the SUNRISE PARK GAZEBO.

 

 

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

Vote:          Gould - Cabrera - Groon   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  953-17

WHEREAS, on APRIL 24, 2017 , DERRICK DESTEFANO , 801 Mary Circle , Stewartsville, NJ 08886 , applied for a Special Events Permit for the purpose of the DESTEFAN0-FERRARA WEDDING   to be held on MAY 20, 2017 (rain date May 21, 2017) ,  from 12:00 PM to 1:00 PM, at CENTENNIAL PARK ; and

                                                                                                                                                         

WHEREAS,  DERRICK DESTEFANO, 801 Mary Circle, Stewartsville, NJ 08886, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  DERRICK DESTEFANO , 801 Mary Circle, Stewartsville, NJ 08886 for the purpose of the DESTEFAN0-FERRARA WEDDING to be held on MAY 20, 2017 (rain date May 21, 2017), from 12:00 PM to 1:00 PM, at CENTENNIAL PARK.

 

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.  954-17

WHEREAS, the Commissioner of Public Safety desires to appoint two (2) Class I Police Officers for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Cole A. Batten and Denvoy A. Forbes as Class I Police Officers for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Cole A. Batten and Denvoy A. Forbes as Class I Police Officers.

 

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

 

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

2.       The appointment of Cole A. Batten and Denvoy A. Forbes as Class I Police Officers effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

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

 

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

Vote:          Gould - Cabrera - Groon   – Yes         

 

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

Vote:          Gould - Cabrera - Groon   – Yes        

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector and the Chief of Police for the month ending March 31, 2017 be accepted as presented.

Vote:          Gould - Cabrera - Groon   – Yes        

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all minutes from the Regularly Scheduled Meetings of March 29th and April 12th, 2017 be approved as presented.

Vote:          Gould - Cabrera - Groon   – Yes        

 

The Mayor then opened the floor for public commentary.

 

Ron Becker, 201 W. Charleston Avenue, inquired about Street Sweeping services.  Commissioner Cabrera indicated there was not a set schedule, but we would be happy to have it taken care of.

 

Dennis Travascio, 112 W. Louisville Avenue, inquired about the second resolution for the website design and Commissioner Cabrera indicated that the new website would integrate both the tourism website with the municipal website. 

 

Mr. Mazzola, 222 E. Hollywood Avenue, inquired about the South Jersey Gas Project and estimated timeline for completion.  The Administrator indicated that most of phase One and Two were completed and that they were now entering into Grid I and hopefully the disruption will end by June 15th and paved in October. 

 

Mr. Nardini, 222 E. Hollywood Avenue, asked if corrections can be made to streets prior to paving since there is a collapsed gutter in front of home.  The Administrator indicated that South Jersey Gas videos prior to work being started and it will be turned over to an inspector to investigate.  The Mayor then added that the Borough of Wildwood Crest did not know about this six months ago and the permits were granted from the State.

 

Hearing nothing further from the public regarding the Public Commentary portion, the Mayor indicated there was no new business to discuss. 

 

With regard to old business, the Administrator indicated she left a message with the engineer for follow up. With regard to both the Army Corps Beach plan and Kayak launch, the Mayor advised there were no developments.

 

The Mayor opened the floor again for public commentary, and hearing nothing further from the public, Mrs. Gould motioned, seconded by Mr. Cabrera that the meeting be adjourned.  All were in favor.  The time was ­­­­­­­­­5:54 pm.

 

Dated: May 24, 2017

Patricia A. Feketics, Borough Clerk

MINUTES OF MEETINGS INDEX