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Minutes of Commissioners Meeting   -   January 3, 2018

Note:  Complete Meeting Does Not Appear Due to AUDIO FAILURE January 3, 2018
Wildwood Crest, NJ

Prior to the opening of the meeting, the Municipal Clerk led those present in the Pledge of Allegiance to the Flag.

 

The Clerk read the statement, “In compliance with the Open Public Meetings 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 Borough Hall, mailing and by E-mailing same to the Herald of Cape May County, the Gazette-Leader, and the Press of Atlantic City on November 1, 2017.  As well as a Notice of Change of Location for today’s meeting which was sent to same publications and posted on the bulletin board on November 20, 2017.

 

The Clerk read the Statement of Election, “The Cape May County Statement of Vote for the 2017 Non-Partisan Commissioner Election in Wildwood Crest for a four-year term has been certified and is as follows:

Don Cabrera – 718 votes

Joyce P. Gould – 657 votes

David C. Thompson – 624 votes

 

The Clerk announced that the Administration of Oaths would take place.  The Honorable Judge Louis J. Belasco administered the Oath of Office for Joyce P. Gould.  The Municipal Clerk, Patricia A. Feketics, administered the Oaths of Office for David C. Thompson and then Don Cabrera.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  01-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that DON CABRERA be designated as Mayor and President of the Board of Commissioners.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  02-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that JOYCE P. GOULD be designated as Deputy Mayor and Vice President of the Board of Commissioners.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  03-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that DAVID C. THOMPSON be designated as Director of the Department of Public Affairs and Public Safety.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  04-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that JOYCE P. GOULD be designated as Director of the Department of Revenue and Finance.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  05-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that DON CABRERA be designated as Director of the Department of Public Works and Parks and Public Property.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  06-18

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, THAT:

            SECTION 1.         In accordance with the provisions of N.J.S.A. 40:70-76 “Commission Form of Government Law”, the executive, administrative, judicial and legislative powers and duties are to be exercised by the Board of Commissioners who shall have complete control over the affairs of this municipality.

                SECTION 2:         BOARD OF COMMISSIONERS; GENERAL POWERS.  In accordance with N.J.S.A. 40:72-3, et seq., through N.J.S.A. 40:75-1, et seq., the Board of Commissioners shall have all the powers conveyed therein necessary for the operation of municipal government.  Consistent with the powers conferred by statute, the Board of Commissioners may make, amend, repeal and enforce ordinances for the following purposes:

                                A.            The protection of life, health and property;

                                B.            The declaration, prevention and summary abatement of nuisances;

                                C.            The preservation and enforcement of good government and the                                                                general welfare, order and security of the municipality.

               

                In addition thereto, the Board of Commissioners shall:

 

                                1.             Levy taxes;

                                2.             Apportion funds;

                                3.             Audit and appropriate funds;

                                4.             Make or authorize contracts;

                                5.             Execute resolutions;

                                6.             Authorize assessments, including emergency and/or special                                                      assessments.

 

                SECTION 3:        JURISDICTION OF COMMISSION OVER DEPARTMENTS AND OFFICERS THEREOF.  The Board of Commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to each department as it may deem appropriate.  The Board shall prescribe the powers and duties of all officers and employees and may assign, by resolution, particular officers and employees to one or more departments and may require any officer or employee to perform duties in two (2) or more departments if the work required of such officer or employee in such different departments is similar in character, and shall make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the municipality.

 

                All directors of departments and officers are the agents of the Commission and all their acts shall be subject to the review and approval or revocation by the Commission subject to law. Every director or officer shall, from time to time, as required by law or ordinance or when requested by the Commission or whenever he shall deem it necessary for the good of the public service, report to the Commission, in writing, respecting the business of his department or office on matters concerned therewith.

 

                SECTION 4:        ADMINISTRATIVE AND PROFESSIONAL POSITIONS.  The Board of Commissioners recognize the Borough Clerk, Chief Financial Officer, Tax Assessor, Municipal Administrator, Engineers and Solicitor as specific administrative and professional personnel who are assigned to a specific department for administration and budget, but report to all Commissioners and the governing body as a whole.  As such, all disciplining of personnel issues and compensations shall be approved by all Commissioners.  For the purposes of Capital Expenditures, engineers answer to the Governing Body as a whole; however, general engineering rests in the Department of Public Works.

                SECTION 5:        DEPARTMENT OF PUBLIC AFFAIRS AND PUBLIC SAFETY.  The Commissioner of Public Affairs and Public Safety shall have charge of supervision and direction over all officers and employees assigned to said department, and the purchase of all vehicles, apparatus and supplies for said department or the officers and departments assigned thereto. He shall have supervision of negotiations of contracts relative to his departments as well as:

 

                                ·              Ambulance Corps and EMT Rescue

·              Animal Control

                                ·              Beach Patrol and lifeguards.

                                ·              Chief of Police and Police Department

                                ·              Chief of the Fire Department and all non-volunteer Fire Department Operations

                                ·              Code Enforcement

                                ·              Public Safety Telecommunicators

                                ·              Department of Health

                                ·              Emergency Management Services

                                ·              Environmental Commission

                                ·              Fire Official

                                ·              Master Plan Preparation

                                ·              Municipal Court

                                ·              Municipal Prosecutor

                                ·              Planning Board

                                ·              Public Defender

                                ·              Public Safety Maintenance

                                ·              State Aid Housing Inspection

                             ·              Urban Enterprise Zone

                             ·              Zoning Board

                                ·              Zoning Officer and Zoning Office

 

                He shall serve as Class I member as appointee, and shall be the management representative of the Commission for the negotiation of, and if so authorized, execution of all employee contracts, as well as all departmental budgeting and departmental printing.

 

                SECTION 6:        DEPARTMENT OF REVENUE AND FINANCE. The Commissioner of the Department of Revenue and Finance shall have charge of and supervision and direction over all officers and employees assigned to said department, shall have charge of and cause to be prepared and published all statements and reports required by law or ordinance or by resolution of the Commission. She shall be Vice President of the Board of Commissioners and, in the case of vacancy in the Office of Mayor, shall perform the duties of that office. She shall sign all contracts, excluding employment agreements, on behalf of the Borough specific to Revenue and Finance.  She shall sign all checks of the Borough. The Commissioner of the Department of Revenue and Finance shall have charge of and supervision over all accounts and records of the Borough and all officers, boards or departments required to keep or make accounts and records or reports. She shall inspect or cause to be inspected all records or accounts required to be kept in any of the offices or departments of the Borough and shall cause proper accounts and records to be made. She shall audit or cause to be audited, at frequent intervals, the accounts of every officer or employee who does or may receive or disperse money. She shall have charge of the purchases, care and distribution of all supplies or other articles not otherwise provided by law. She shall examine or cause to be examined and report to the Commission upon all bills, accounts, payrolls and claims before they are acted upon or allowed, unless otherwise provided by law. She shall cause to be collected all taxes, assessments, franchise taxes, license fees or other monies which may become due to the Borough. She shall report to the Commission any failure to make reports or to pay monies due to the Borough, with such recommendation in relation thereto as she may deem proper. She shall have supervision of negotiations of contracts relative to her departments as well as:

                                ·              Insurance matters (excluding Volunteer Fire Company #1 Health Insurance Benefits)

                                ·              Borough calendar

                                ·              Chief Financial Officer/Treasurer (Reports to all three commissioners)

                                ·              Codification and revision of ordinances

                                ·              Grants administration

                                ·              Municipal Administrator (Reports to all three commissioners)

                                ·              Municipal Budget

                                ·              Municipal Clerk (Reports to all three commissioners)

                             ·              Municipal or State Uniform Construction Office, if applicable

                                ·              Tax Assessor

                                ·              Tax Collector

                                ·              Water/Utility billings

·         Beautification of Public Property in cooperation with Public Works

 

                She shall serve as the Class III member of the Wildwood Crest Planning Board and shall have charge of and supervision over advertising and utility billing assigned to the Department of Revenue and Finance.

 
                SECTION
7:        DEPARTMENT OF PUBLIC WORKS AND PARKS AND PUBLIC PROPERTY. The Mayor shall be the Commissioner of Public Works and Parks and Public Property and, as such, shall be the President of the Board of Commissioners and shall preside at its meetings, supervise all departments and report to the board for its action all matters requiring the attention of the Board or any department.  He shall have the exercise of all powers and perform all the duties provided or prescribed by law or the ordinances of the Borough not in conflict with the provisions of this resolution. He shall, in the absence of the Commissioner of Revenue and Finance, sign all checks and contracts, excluding employment agreements, on behalf of the Borough.  He shall have supervision and direction over the negotiation and execution of all employee contracts, purchase of all vehicles, apparatus and supplies for said department and shall have supervision and responsibility for maintenance of:

                                ·              Beach Maintenance

                                ·              Borough Engineer

                                ·              Clean Communities Administrator

                                ·              Communications

                                ·              Legal Matters (Initial Point of Contact)

                                ·              Municipal piers

                                ·              Municipal vehicle maintenance

                                ·              Parks and grounds

                                ·              Playgrounds

                                ·              Public buildings
                               
·              Public property

·              Public relations

                                ·              Public works

                                ·              Recreation Commission

                                ·              Recreation Department

                                ·              Recycling

                                ·              Sanitation

·              Technology / IT

                                ·              Tourism (inclusive of TDC, GWTIDA, all Borough-sponsored events and all tourism

                                           activities, inclusive of entertainment as well as Tourism Information Operations

                                ·              Wellness Programs

                                               

                He shall have charge of all utilities, sewer sanitation system and all public buildings shall be assigned to the Department of Public Works and Parks and Public Property.

 

                                                                               

JOYCE P. GOULD (Commissioner)

 

DAVE THOMPSON (Commissioner)

 

DON CABRERA (Mayor)

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  07-18

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. the Herald of Cape May County and the Press of Atlantic City be designated as the official newspapers of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, and all ordinances, resolutions, or other public notices which the Borough of Wildwood Crest may be required by law to publish, where the manner of publication is not otherwise specifically provided, shall be published in any one or both of the said newspapers.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  08-18

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the designated borough meetings be and the same are fully set forth in Borough Resolution No. 1059-17, duly adopted on November 1, 2017; said schedule is hereby re-affirmed and made a part hereof by reference as if fully set forth.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  09-18

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

54-902576-8                                                        Borough of Wildwood Crest Uniform Construction Code

 

PNC BANK

 

80-2395-1884                                                      Wildwood Crest Borough Money Market Account

 

STATE OF NEW JERSEY CASH MANAGEMENT FUND (NON-STATE)

 

000075590-171                                   Borough of Wildwood Crest GENL AC

 

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 when necessary or required as follows:

 

                                Alicia A. Belansen                                              or           

 

                                                                                               and

 

Don Cabrera                                        or                 Joyce P. Gould                           or         David C. Thompson

 

                                                                                             and

 

                Patricia A. Feketics                                                             or            Loretta G. Scott

 

 

BE IT FURTHER RESOLVED that Alicia A. Belansen, Don Cabrera, Joyce P. Gould, David C. Thompson and Patricia A. Feketics 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  10-18

 

  BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the following shall be the order of business at all meetings of the said Board:

 

                1.             Pledge of Allegiance to the Flag

                2.             Roll Call Vote

                3.             OPMA Statement

                4.             Ingress/Egress Statement   

                5.             Reading and Adopting Ordinances

                6.             Reading and Adopting Resolutions

                7.             Presentation of bills, orders, claims, etc.

                8.             Reports of Directors and Department Heads

                9.             Approval of Minutes

                10.          Reports from Administrator and Engineer

                11.          Public Comments

                12.          New Business/Old Business

                13.          Reading of Correspondence

                14.          Public Comments

                15.          Adjournment

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  11-18

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, 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, 2018 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 $77,000 annually,”  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.  Ronald J. Gelzunas, Esquire, shall also serve as Municipal Prosecutor throughout the term of this contract as authorized by Court Organization and Civil Code Section 2B: 25-4 (g).

 

 

          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     -- Thompson --   Cabrera   – Yes         

 

THE CLERK ASKED IF THERE WERE ANY STATEMENTS FROM THE AUDIENCE. 

 

The Sister of Commissioner David C. Thompson extended congratulation to her brother and all of the commissioners.  Jane Shell wished good luck to all three commissioners.  Marie Hayes, Cape May County Freeholder, extended wishes for good luck to all three as well.

 

THE CLERK ASKED THE COMMISSIONERS IF THEY WOULD LIKE TO MAKE A STATEMENT. 

 

Mayor Don Cabrera thanked his wife and family and everyone that came out and wished both Dave and Joyce luck in the future and pledged to help and support them. 

 

Commissioner Joyce P. Gould indicated it was her 7th and likely last term and has served 24 years and wished her fellow commissioners success.

 

Commissioner David C. Thompson thanked his wife and family for their support and indicated that he was ready to get to work.

 

THE CLERK ANNOUNCED THAT THAT RE-ORGANIZATIN MEETING HAS CONCLUDED AND THE REGULAR MEETING PORTION WILL COMMENCE IN FIVE MINUTES.

 

*********************************************

 

The New Mayor 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 -     Thompson -    Cabrera -          YES

   

Mr. Cabrera 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 November 1, 2017.

 

Mr. Cabrera 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 ORDINANCE BY TITLE:

ORDINANCE NO.  1263

 

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 74-TOURIST DEVELOPMENT COMMISSION OF THE CODE OF THE BOROUGH OF WILDWOOD CREST ORDINANCE NO. 582 ADOPTED FEBRUARY 8, 1983 AND ORDINANCE NO. 1027 ADOPTED FEBRUARY 21, 2007

 

Mrs. Gould motions, Mr. Thompson seconds that Ordinance No. 1263 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on January 24, 2018 at 5:30 p.m.

Vote:          Gould - Thompson - Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING ORDINANCE BY TITLE:

ORDINANCE NO.  1264

 

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 40-LICENSES OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AMENDING ORDINANCE NO 498 ADOPTED OCTOBER 27, 1976; ORDINANCE NO. 745 ADOPTED JULY 15, 1991; ORDINANCE NO. 831 ADOPTED JULY 9, 1997; ORDINANCE 859 ADOPTED MAY 26, 1999; ORDINANCES 1223 AND 1227 ADOPTED NOVEMBER 18, 2015

 

Mrs. Gould motions, Mr. Thompson seconds that Ordinance No. 1264 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on January 24, 2018 at 5:30 p.m.

Vote:          Gould - Thompson - Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING ORDINANCE BY TITLE:

ORDINANCE NO. 1265

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, RECREATION COMMISSION, SECTION 56-3, APPROVING AND CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES, PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS APPERTAINING THERETO, AND AMENDING AND AUGMENTING, ORDINANCE NO. 824, ADOPTED MARCH 12, 1997, ORDINANCE NO. 851, ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889, ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924, ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010, ORDINANCE NO. 1103 ADOPTED JULY 21, 2010, ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012, AND ORDINANCE NO. 1167 ADOPTED MAY 8, 2013, ORDINANCE 1180, ADOPTED DECEMBER 11, 2013, AND ORDINANCE NO. 1230 ADOPTED DECEMBER 28, 2015

 

Mrs. Gould motions, Mr. Thompson seconds that Ordinance No. 1265 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on January 24, 2018 at 5:30 p.m.

Vote:          Gould - Thompson - Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  12-18

 

 

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 $9,573,350.00, 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 $9,573,350.00 be and the same shall hereby constitute the 2018 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....................................................................            786,500.00

            OTHER EXPENSES.........................................................................              70,000.00

 

EMERGENCY MANAGEMENT

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

 

MUNICIPAL PROSECUTOR

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

 

PUBLIC DEFENDER

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

 

MUNICIPAL COURT                                                                                  

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

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

 

LEGAL

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

 

SERVICE OF AMBULANCE

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

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

 

COMMUNICATIONS

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

 

INFORMATION TECHNOLOGY ……………………………………….             45,000.00

 

ANIMAL CONTROL

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

 

LIFEGUARDS

            SALARIES & WAGES....................................................................                8,000.00

            OTHER EXPENSES............. ...........................................................              55,000.00

 

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....................................................................              53,000.00

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

 

TOURISM

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

            OTHER EXPENSES.........................................................................              68,000.00

 

ENVIRONMENTAL COMMISSION

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

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

 

REVENUE & FINANCE DIRECTOR’S OFFICE

            SALARIES & WAGES.................................................................. $               8,000.00

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

 

FINANCIAL ADMINISTRATION

            SALARIES & WAGES.....................................................................              85,000.00

            OTHER EXPENSES.........................................................................              95,000.00

 

ASSESSMENT OF TAXES

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

            OTHER EXPENSES.........................................................................              41,800.00

 

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.....................................................................            120,000.00

            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.....................................................................                9,500.00

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

 

PUBLIC WORKS

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

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

 

UTILITIES

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

            ELECTRIC........................................................................................              70,000.00

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

            STREET LIGHTING........................................................................              80,000.00

 

LANDFILL

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

 

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.........................................................................              19,000.00

 

PARKS AND BUILDINGS

            SALARIES & WAGES.....................................................................              70,000.00

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

 

RECREATION BUILDINGS

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

 

 

 

 

 

 

 

FLEET MAINTENANCE

            SALARIES & WAGES................................................................... $             58,000.00

            OTHER EXPENSES.........................................................................              55,000.00

 

STATUTORY EXPENSES

            SOCIAL SECURITY........................................................................            230,000.00

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

            DEFINED CONTRIBUTION RETIREMENT PLAN…………….                4,200.00

 

TOTAL APPROPRIATIONS EXCLUDING CAPITAL IMPROVEMENTS,

INTEREST AND DEBT REDEMPTION CHARGES AND PUBLIC

ASSISTANCE............................................................................................. $        5,300,000.00

 

CAPITAL IMPROVEMENT

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

            OUTFALL, SANITARY AND STORM SEWER REPAIRS……..              50,000.00

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

            CAPITAL IMPROVEMENT FUND...............................................            700,000.00

 

INTEREST AND DEBT REDEMPTION CHARGES

 

            INTEREST AND PRINCIPAL ON BONDS AND LOANS...........         3,273,350.00

 

            ...........................................................................................................

 

TOTAL TEMPORARY APPROPRIATIONS (ALL PAGES).................... $      9,573,350.00

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  13-18

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:

 

Don Cabrera                 or              Joyce P. Gould                or              David Thompson

       Mayor                                       Commissioner, R & F                      Commissioner, Public Safety

 

                          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 summarizing all investments made or redeemed.  The report shall set forth each organization holding local unit funds, the amount of securities purchased or sold, class or type of securities purchased, book value, earned income, fees incurred, and market value of all investments as of the report date and other information that may be required by the governing body.

 

X.   TERM OF PLAN

 

             This Plan shall be in effect from its date of adoption in 2018 to December 31, 2018.  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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  14-18

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 Mandi Johnson, 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 2018, 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.   Mandi Johnson, 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  15-18

2018 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 2018 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 2017 tax sale list which comply with said conditions and circumstances to be temporarily withheld from the tax sale for 2017 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 2017 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  16-18

BOROUGH OF WILDWOOD CREST

RESOLUTION AUTHORIZING INTEREST RATE,

GRACE PERIOD AND YEAR-END PENALTY FOR 2018

 

                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

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  17-18

CANCELLATION OF 2017 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  18-18

WHEREAS, Borough of Wildwood Crest adopted Ordinance No. 1224, on October 21, 2015, has approved new zones for parking meters; and

 

WHEREAS, the fee schedule for “parking meter charges” throughout the Borough, in accordance with the provisions of the aforesaid Ordinance and any amendments related thereto, does provide for a PER HOUR, NOT TO EXCEED AMOUNT OF ONE DOLLAR FIFTY CENTS ($1.50); and

 

WHEREAS, the seasonal parking permit rate for all zones shall be $250.00; and

 

WHEREAS, it is the desire of the Board of Commissioners to establish precise fees to be charged in accordance with the foregoing limit set, for calendar year 2018.

 

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 are incorporated herein by reference as if fully set forth.

 

                2.  The hours and periods of operation of parking meters in the Borough of Wildwood Crest shall be 8:00 A.M. to 10:00 P.M. daily, commencing Friday, May 18, 2018 through Saturday, September 15, 2018.

 

                3.  That the designated officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered and directed to charge/collect fees as follows: Not to exceed one dollar fifty cents ($1.50) per hour and seasonal parking permits for all zones two hundred fifty dollars ($250.00) in accordance with the schedule set forth hereinabove.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  19-18

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, 2018 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 2018 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.  Ronald J. Gelzunas, Esquire, shall also serve as Municipal Solicitor throughout the term of this contract as authorized by Court Organization and Civil Code Section 2B: 25-4 (g).

 

          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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  20-18

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 Seth A. Fuscellaro, Esquire, of the Law Office of Seth A. Fuscellaro, P.A., 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, Seth A. Fuscellaro, Esquire, of the Law Office of Seth A. Fuscellaro, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that Seth A. Fuscellaro, Esquire, of the Law Office of Seth A. Fuscellaro, P.A. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2018 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.                   Seth A. Fuscellaro, Esquire, of the Law Office of Seth A. Fuscellaro, P.A. 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 Seth A. Fuscellaro, Esquire, of the Law Office of Seth A. Fuscellaro, P.A. for specialized professional services as Municipal Public Defender for a term commencing immediately and terminating December 31, 2018, 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

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes          

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  21-18

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 any other legal matter that may be assigned; 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 any other legal matter that may be assigned; 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, 2018 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, 2018 through December 31, 2018. 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  22-18

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

 

WHEREAS,  Alicia A. 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 2018.

 

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 A. 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  23-18

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 2018.

 

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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  24-18

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, 2018, 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  25-18

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, 2018 to any political committee or candidate through the term of this contract, December 31, 2018.

 

          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, 2018 through December 31, 2018.

 

          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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  26-18

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, 2018 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  27-18

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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  28-18

 

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, 2018 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 December 4, 2017 and attached hereto, contingent upon certification below from the Chief Financial Officer as to the availability of funds for specific municipal bond work, if applicable.

 

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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes       

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  29-18

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, 2018 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2018.

 

          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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes           

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  30-18

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, 2018 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  31-18

WHEREAS, there exists the need for the “Professional Services” of ACTURIAL VALUATION OF POST EMPLOYMENT BENEFITS IN ACCORDANCE WITH GASB-45, to be retained by the Borough to assist the Borough in helping the Borough address its responsibilities with respect to Accounting and Financial Reporting for Postemployment Benefits other than Pension, 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 Danziger & Markhoff, LLP 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes       

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  32-18

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, 2018 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 2018 Municipal Budget, in accordance with the proposal dated, December 5, 2017, 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes           

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  33-18

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, 2018, 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  34-18

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, 2018 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 Twelve Thousand Five Hundred  ($12,500) 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  35-18

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 five (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, 2018 and terminating effective December 31, 2018 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 2018, 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  36-18

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 4, 2017 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, 2018 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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  37-18

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel Specializing In Construction Litigation

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm specializing in construction litigation issues; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of skilled construction 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 Rona Zucker Kaplan of the law firm of Cooper Levenson, P.A. of Atlantic City, New Jersey 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, Rona Zucker Kaplan, of the law firm of Cooper Levenson. P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that Rona Zucker Kaplan and Cooper Levenson, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 3, 2018 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.                   Rona Zucker Kaplan of the law firm of Cooper Levenson, P.A., of Atlantic City, New Jersey is hereby retained as Special Counsel to provide specialized professional services in the field of construction litigation for the period ending December 31, 2018. 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 Rona Zucker Kaplan, of the law firm of  Cooper

Levenson, P.A., for specialized professional services in the field of construction litigation for a term of the period indicated above, which contract shall provide for payment at the hourly rate of two hundred thirty five ($235.00) dollars per hour and not to exceed $30,000.  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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  38-18

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

 

WHEREAS, Robert T. Belasco, of Stefankiewicz & Belasco, LLC, is authorized to provide such services and upon recommendation by the Planning Board to be appointed as Solicitor at their Re-Org meeting, which will be held on January 10, 2018, 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 Planning Board’s recommendation to  appoint of  Robert Belasco to serve as the Solicitor for the Planning Board for the calendar year of 2018.

 

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, 2018, with Robert T. Belasco, who shall be compensated pursuant to attached contract, not to exceed Ten Thousand 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.       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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  39-18

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

 

WHEREAS, Robert T. Belasco, of Stefankiewicz & Belasco, LLC, is authorized to provide such services and upon recommendation by the Zoning Board to be appointed as Solicitor at their Re-Org meeting, which will be held on January 16, 2018, 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  Robert Belasco to serve as the Solicitor for the Zoning Board for the calendar year of 2018.

 

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, 2018, with Robert T. Belasco, who shall be compensated pursuant to attached contract, not to exceed Ten Thousand 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.       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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

    

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  40-18

Authorizing Retention Via Professional Services Agreement

Of Law Enforcement Consultant Specializing In Police Accreditation

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a Law Enforcement Consultant specializing in police accreditation; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of police accreditation; 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 Christopher J. Winter, Sr. is qualified to perform 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, Christopher J. Winter, Sr. has completed and submitted a Business Entity Disclosure Certification which certifies that Christopher J. Winter, Sr. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 1, 2018 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.                   Christopher J. Winter, Sr. is hereby retained as Law Enforcement Consultant to provide specialized professional services in the field of Police Accreditation through December 31, 2018. 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 Christopher J. Winter, Sr., for specialized professional services in the field of police accreditation for a term of the period indicated above, which contract shall provide for payment at the not to exceed rate of Five thousand four hundred dollars ($5,400.00).  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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  41-18

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, 2018 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2018.

 

          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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  42-18

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, 2018 through December 31, 2018, 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 $6,000.00.

 

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. Thompson, that the foregoing Resolution be adopted.

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  43-18

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, 2018 or upon expiration of a particular vendor’s State Contract, whichever event first occurs.


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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  44-18

WHEREAS, the term of LESTER KLAYMAN and    DENNIS HALL as members of the TOURISM COMMISSION of the Borough of Wildwood Crest expires December 31, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint LESTER KLAYMAN and DENNIS HALL to said positions;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that LESTER KLAYMAN and DENNIS HALL be and are hereby re-appointed as a members of the TOURISM COMMISSION of the Borough of Wildwood Crest for a two (2) year term, said term commencing January 1, 2018, and expiring December 31, 2019.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  45-18

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 COMMISSIONER DON CABRERA be, and he is hereby appointed the elected official of the Borough of Wildwood Crest to serve on the Tourism Development Commission, for a term commencing effective immediately, and terminating December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  46-18

WHEREAS, N.J.S.A. 40:55D-23 provides for Planning Board membership; and

 

WHEREAS, the Borough of Wildwood Crest has adopted Ordinance No. 501 relative to said Planning Board membership, pursuant to the aforesaid statutory authority; and

 

WHEREAS, N.J.S.A. 40:55D-23 provide for the appointment of a Class I member of the Planning Board, which said appointment shall be “the Mayor or his designee.”

 

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, that the following appointment be and the same is hereby made:

 

DAVID C. THOMPSON, designee of the Mayor, as a Class I member of the Planning Board of the Borough of Wildwood Crest to a term commencing effective immediately and terminating December 31, 2021, the expiration date of term of office.

 

BE IT FURTHER RESOLVED by the Board of Commissioners that the foregoing appointment be and the same is hereby confirmed and ratified.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  47-18

WHEREAS, the Board of Commissioners have determined to re-appoint BRIAN MELCHIORRE, Assistant Code Enforcement Officer, as Class II Member of the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge the re-appointment of BRIAN MELCHIORRE as Class II Member of the Planning Board 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 re-appointment of BRIAN MELCHIORRE, Assistant Code Enforcement Officer, by Board of Commissioners as Class II Member of the Planning Board of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified effective immediately, with the expiration of the term of appointment being December 31, 2018.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  48-18

WHEREAS, N.J.S.A. 40:55D-23 provides for Planning Board membership; and

 

WHEREAS, the Borough of Wildwood Crest has adopted Ordinance No. 501 relative to said Planning Board membership, pursuant to the aforesaid statutory authority; and

 

WHEREAS, N.J.S.A. 40:55D-23 provide for the appointment of a Class III member of the Planning Board, which said appointment shall be “a member of the governing body to be appointed by it.”

 

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, that the following appointment be and the same is hereby made:

 

JOYCE P. GOULD as a Class III member of the Planning Board of the Borough of Wildwood Crest to a term commencing effective immediately and terminating December 31, 2021, the expiration date of term of office.

 

BE IT FURTHER RESOLVED by the Board of Commissioners that the foregoing appointment be and the same is hereby confirmed and ratified.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  49-18

WHEREAS, the term of PATRICK DAVENPORT as a member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2017; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, wish to re-appoint PATRICK DAVENPORT to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment;

 

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 PATRICK DAVENPORT be and he is hereby appointed as a member of the PLANNING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2018, and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  50-18

WHEREAS, the term of BRENDAN SCIARRA as Member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2017; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, wishes to re-appoint BRENDAN SCIARRA to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this re-appointment;

 

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 BRENDAN SCIARRA be and she is hereby re-appointed as a Member of the PLANNING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2018, and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  51-18

WHEREAS, the term of BARBARA HUNT as Member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2017; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint BARBARA HUNT as Class IV Member of the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment.

 

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 BARBARA HUNT, 210 East Charleston Avenue, Wildwood Crest, New Jersey 08260, be and she is hereby appointed as a Class IV Member of the Planning Board of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2018 and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  52-18

WHEREAS, the term of PETER COMPARE as Member of the PLANNING BOARD of the Borough of Wildwood Crest expires December 31, 2017; and

 

WHEREAS, PETER COMPARE has opted not to return to the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to appoint Alternate #1-member JOSEPH SCHIFF as Class IV Member of the Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment.

 

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 JOSEPH SCHIFF be and he is hereby appointed as a Class IV Member of the Planning Board of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2018 and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  53-18

WHEREAS, a vacancy has occurred in the position of Alternate No. 1 Member of the Planning Board of the Borough of Wildwood Crest; and

 

WHEREAS, the Governing Body of the Borough of Wildwood Crest, wishes to appoint JERRY D’ANTONIO to fill the vacancy in the position of Alternate No. 1 Member of the Wildwood Crest Planning Board; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment;

 

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 JERRY D’ANTONIO be and he is hereby appointed as Alternate No. 1 member of the PLANNING BOARD of the Borough of Wildwood Crest to fill the vacancy in said position, for a two (2) year term, commencing effectively and expiring December 31, 2019.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  54-18

WHEREAS, a vacancy occurred on the board of the Zoning Board of Adjustment of the Borough of Wildwood Crest on December 19, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to appoint ROBERT ROSENFELD as Regular Member of the Zoning Board of Adjustment  of the Borough of Wildwood Crest to fill the vacant seat with the term expiring December 31, 2019;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that ROBERT ROSENFELD be and he is hereby appointed as Regular   Member of the ZONING BOARD OF ADJUSTMENT of the Borough of Wildwood Crest to fill the vacant seat for an unexpired term commencing immediately, and expiring December 31, 2019.

 

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  55-18

WHEREAS, a vacancy occurred on the board of the Zoning Board of Adjustment of the Borough of Wildwood Crest on December 19, 2017; and

 

WHEREAS, said term was set to expire on December 31, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to appoint WILLIAM BUMBERNICK as Regular Member of the Zoning Board of Adjustment of the Borough of Wildwood Crest for a four term expiring December 31, 2021;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that WILLIAM BUMBERNICK be and he is hereby appointed as Regular   Member of the ZONING BOARD OF ADJUSTMENT of the Borough of Wildwood Crest for a four year term commencing immediately and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  56-18

WHEREAS, the term of BRIAN STUART as a Regular Member of the ZONING BOARD of the Borough of Wildwood Crest shall expire on December 31, 2017; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint BRIAN STUART to this position;

 

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 BRIAN STUART be and he is hereby re-appointed as a Regular Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term, commencing immediately and expiring December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  57-18

WHEREAS, an Alternate #1 Member vacancy occurred on the board of the Zoning Board of Adjustment of the Borough of Wildwood Crest on December 31, 2017; and

 

WHEREAS, said term also expired December 31, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to appoint JOSEPH FRANCO, Jr. as Alternate #1 Member of the Zoning Board of Adjustment of the Borough of Wildwood Crest to a two-year term commencing immediately and expiring December 31, 2019;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that JOSEPH FRANCO, Jr. be and he is hereby appointed as Alternate #1    Member of the ZONING BOARD OF ADJUSTMENT of the Borough of Wildwood Crest for a two-year term commencing immediately and expiring December 31, 2019.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  58-18

WHEREAS, an Alternate #2 Member vacancy occurred on the Board of the Zoning Board of Adjustment of the Borough of Wildwood Crest on December 31, 2017; and

 

WHEREAS, said term is set to expire December 31, 2018; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to appoint BRADLEY VOGDES as Alternate #2 Member of the Zoning Board of Adjustment of the Borough of Wildwood Crest to fulfill the unexpired term of the vacated seat commencing immediately and expiring December 31, 2018;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that BRADLEY VOGDES be and he is hereby appointed as Alternate #2    Member of the ZONING BOARD OF ADJUSTMENT of the Borough of Wildwood Crest to fulfill the unexpired term of the vacated seat commencing immediately and expiring December 31, 2018.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  59-18

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 COMMISSIONER DAVID THOMPSON be, and he is hereby appointed the elected official of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term commencing effective immediately, and terminating December 31, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  60-18

WHEREAS, MARY NELL MURPHY has tendered her resignation as Business Representative for the Borough of Wildwood Crest to the Greater Wildwoods Tourism Improvement Development Authority (GWTIDA) effective December 12, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners to fill the unexpired term of Mary Nell Murphy as the Business Representative for the Borough of Wildwood Crest of GWTIDA;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, in accordance with the provisions of P.L. 1992, Chapter 165, Section 20, paragraph c, which specifically provides for the appointment of members of the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS, that BRUCE HAMLIN, 117 West Cardinal Avenue, Wildwood Crest, New Jersey, be and he is hereby appointed from the “business” sector to membership on the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS to fill the unexpired term of Mary Nell Murphy, effective immediately and expiring August 14, 2019.

 

BE IT FURTHER RESOLVED that the foregoing appointment constitutes one of the three appointments the Borough of Wildwood Crest is entitled to make to the aforesaid Authority, based upon the provisions of the above referenced public law, otherwise known as the “Tourism Improvement and Development District Act.”

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  61-18

WHEREAS, MARY NELL MURPHY has tendered her resignation as Business Representative for the Borough of Wildwood Crest to the Greater Wildwoods Tourism Improvement Development Authority (GWTIDA) effective December 12, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners to fill the unexpired term of Mary Nell Murphy as the Business Representative for the Borough of Wildwood Crest of GWTIDA;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, in accordance with the provisions of P.L. 1992, Chapter 165, Section 20, paragraph c, which specifically provides for the appointment of members of the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS, that BRUCE HAMLIN, 117 West Cardinal Avenue, Wildwood Crest, New Jersey, be and he is hereby appointed from the “business” sector to membership on the TOURISM IMPROVEMENT AND DEVELOPMENT AUTHORITY OF THE WILDWOODS to fill the unexpired term of Mary Nell Murphy, effective immediately and expiring August 14, 2019.

 

BE IT FURTHER RESOLVED that the foregoing appointment constitutes one of the three appointments the Borough of Wildwood Crest is entitled to make to the aforesaid Authority, based upon the provisions of the above referenced public law, otherwise known as the “Tourism Improvement and Development District Act.”

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO.  62-18

WHEREAS, the four year term of ROBERT PATTERSON as a resident member of the GREATER WILDWOOD TOURISM IMPROVEMENT DEVELOPMENT AUTHORITY of the Borough of Wildwood Crest expired July 1, 2017; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to re-appoint ROBERT PATTERSON as a resident member of the GREATER WILDWOOD TOURISM IMPROVEMENT DEVELOPMENT AUTHORITY of the Borough of Wildwood Crest for a term of four (4) years expiring on July 1, 2021;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that ROBERT PATTERSON, 8405 Seaview Avenue, Wildwood Crest, New Jersey, be and he is hereby re-appointed as a resident member of the GREATER WILDWOOD TOURISM IMPROVEMENT DEVELOPMENT AUTHORITY of the Borough of Wildwood Crest for a four (4) year term, said term expiring July 1, 2021.

 

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

Vote:          Gould     -- Thompson --   Cabrera   – Yes         

The Clerk indicated that there were no bills.

 

Public Comments:

The brother of Commissioner David Thompson wished his brother success.

 

New Business:  There was no new business to discuss.

 

Old Business:  There was no old business to discuss.

 

After opening the floor once more, and hearing nothing further from the public, Mrs. Gould motioned and Mr. Thompson seconded that the meeting be adjourned.  All were in favor.  The time was 10:20 a.m.

 

Dated: January 24, 2018

Patricia A. Feketics, Borough Clerk 

MINUTES OF MEETINGS INDEX