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Minutes of Commissioners Meeting - December 22, 2011
Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag. The
meeting of the Board of Commissioners, Borough of Wildwood Crest, Gould - Cabrera – Groon – Yes Mr. Groon read the following statement: In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 29, 2010. Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency. THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 681-11 RESOLUTION AUTHORIZING CONTINUATION OF AN
INTERLOCAL SERVICES AGREEMENT WITH WEST WILDWOOD FOR 9-1-1 AS INITIALLY
AUTHORIZED BY BOROUGH OF WILDWOOD CREST ORDINANCE NO. 775 WHEREAS,
pursuant to N.J.S.A. 40:8A-1, et
seq, the Interlocal Services Act, and Borough of Wildwood Crest
Ordinance No. 775, the Borough of Wildwood Crest has entered into an
Interlocal Services Agreement with the Borough of West Wildwood for
dispatch services in exchange for specified in-kind services and/or
financial considerations; and WHEREAS,
said Agreement will terminate effective December 31, 2011; and WHEREAS,
the Board of Commissioners of the Borough of Wildwood Crest desires to
renew the Interlocal Services Agreement with the Borough of West
Wildwood. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest,
1.
The allegations of the preamble hereto are incorporated herein by
reference as if fully set forth.
2.
The Borough of Wildwood Crest agrees to execute a revised
Agreement with the Borough of West Wildwood for the stipulated exchange
of services and/or financial considerations, and hereby authorizes the
continuation of the Interlocal Services Agreement, initially authorized
by Borough of Wildwood Crest Ordinance No. 775, through December 31,
2012.
3.
The Mayor and Borough Clerk be and they are hereby authorized and
directed to execute and attest any and all documents necessary in this
regard.
4.
A certified copy of this resolution and two (2) copies of the
applicable Agreement shall be provided forthwith to the Borough Clerk of
the Borough of West Wildwood. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 682-11 Requesting Cape May WHEREAS,
Cape May County is eligible to receive up to $900,000 for land
acquisition and park development for the County Open Space and Farmland
Preservation Program by applying for a matching grant offered through
NJDEP Green Acres Program; and WHEREAS,
Green Acres matching grant funding can be used to acquire land for
recreation and conservation purposes, including ocean, bay and/or river
waterfront, or a lake, pond, beach or stream that provides opportunity
for physical and visual public access, swimming, water sports, fishing
and/or boating; a natural area such as a wildlife preserve, forest
and/or wetland that provides opportunity for conservation, nature
observation, water quality and water supply protection, camping and/or
hiking; an historic property; or land suitable for playgrounds, athletic
fields and other types of active and passive outdoor recreation
facilities or opportunities; and WHEREAS,
Green Acres matching grant funds may be used to assist in efforts to
complete the Cape May National Wildlife Refuge, which has only acquired
11,800 acres of the 21,820 acres that congress envisioned necessary to
protect wetlands and wildlife resources of international importance; and WHEREAS,
Green Acres loan funding can be used for the development of land for
outdoor recreation and conservation purposes, which must be accessible
to the public; and WHEREAS,
nineteen other counties in the state regularly apply for and receive
matching funds from the State Green Acres Program; and WHEREAS,
on November 9, 1989, Cape May County voters approved, by a two to one
margin, a ballot question endorsing the establishment of a trust fund to
preserve open space and agricultural lands; and WHEREAS,
the Trust is funded by a county property tax of one cent per $100 of
assessed valuation and raised $5.5 million toward land preservation last
year; and WHEREAS,
the 2007 Cape May County Open Space and Recreation Plan recognizes that
open space is of special importance to the County’s future; and WHEREAS,
the 2007 Cape May County Open Space and Recreation Plan recognizes that
the County has an open space deficit of 4,001 acres and is in need of
additional public recreational land and open space and therefore,
recommends the maintenance and expansion of the existing County Park
System, and the continuation of the County’s Open Space Preservation
Program in conjunction and coordination with other public and private
open space preservation programs; and WHEREAS,
the County Comprehensive Plan states that the County Open Space and
Farmland Preservation Program, in conjunction with State Green Acres and
other programs and land trusts, is expected to reduce the County open
space deficit; and WHEREAS,
two goals of the Open Space and Recreation Plan are to encourage
coordinated open space and recreation planning, acquisition and
development initiatives of state, county, and local governments and
conservation organizations; and to effectively use funds from the Cape
May County Open Space and Farmland Preservation Program, and other
sources of funding that may become available; and WHEREAS,
Cape May County residents voted 52% in favor of the 2009 Statewide Open
Space Bond Referendum and therefore urge the County to leverage
dedicated tax dollars with voter-approved Garden State Preservation
Trust dollars to support open space projects; and WHEREAS,
WHEREAS,
ecotourism in WHEREAS,
over $260 million was approved through the last funding round of the
“2009 Green Acres Bond Act” for local government open space
acquisition and park development projects; NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 683-11 WHEREAS,
there exists the need for the “Professional Services” of an ANIMAL
CONTROL OFFICER 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, 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, Tri-County Animal Control Services, LLC, has completed
and submitted a Business Entity Disclosure Certification which certifies
that Tri-County Animal Control Services, LLC, will not make any
reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing
December 22, 2011 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 TRI-COUNTY ANIMAL CONTROL SERVICES, L.L.C., who shall be
compensated by voucher at the rate payable in monthly installments of
$750.00 through December 31, 2012, 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 2012
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 Animal Control 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. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 684-11 WHEREAS,
the Wildwood Crest Rescue Squad periodically is required to transport
patients to WHEREAS,
it is necessary that an agreement be entered into between the Borough of
Wildwood Crest and Atlantic City Medical Center for basic life support
ambulance services; and WHEREAS,
it is also necessary that a HIPAA Business Associate Addendum be
executed in conformance with the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191; 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 Mayor and Borough Clerk be, and they are hereby authorized and
empowered to execute an Agreement entitled “MICU Transport Billing
Agreement Between Atlantic City Medical Center and Borough of Wildwood
Crest Emergency Medical Services,” as well as the “HIPAA Business
Associate Addendum” between the Borough of Wildwood Crest and
AtlantiCare Regional Medical Center. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 685-11 WHEREAS,
there exists the need for the “Professional Services” of a firm to
be retained by the Borough for the performance of computer technology
support services and related duties associated therewith as directed by
the authorized representatives of the Borough of Wildwood Crest, all as
more specifically set forth in the attached Agreement which is made a
part hereof by reference as if fully set forth; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et.
seq.) requires that the Resolution authorizing the award of contracts
for “Professional Services” without competitive bids must be
publicly advertised; and
WHEREAS, South Jersey
Technology Partnership has completed and submitted a Business Entity
Disclosure Certification which certifies that South
Jersey Technology Partnership will not make any reportable
contributions pursuant to N.J.S.A. 19:44A-1 commencing December 22, 2011
to any political committee or candidate through the term of this
contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
the Borough of Wildwood Crest, in the County of Cape May, New Jersey, as
follows:
1. That the
allegations of the preamble hereto are incorporated herein as if fully
set forth.
2. That the
Commissioner of Revenue & Finance and Borough Clerk be and they are
hereby authorized, instructed, and empowered to execute the attached
agreement with South Jersey Technology Partnership, who shall be compensated by
voucher at the agreed upon rate of $7,500.00 per year for comprehensive
remote network monitoring and administration services for 2012,
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 2012 municipal budget, and whose rate/fee
structure are contained in the aforesaid Agreement and said
“Independent Contractor” shall be required to comply with this
Resolution, and the attached Agreement.
Said South Jersey
Technology Partnership is further required to comply with all other
conditions/provisions of law or regulation applicable to a
“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. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 686-11
Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 687-11 Authorizing
the Borough of Wildwood Crest to Execute
an Extension of a Shared Services Agreement With
the City of North Wildwood Pertaining to Municipal
Construction Official WHEREAS,
pursuant to Resolution No. 134-09 adopted November 4, 2009, the Borough
of Wildwood Crest and the City of North Wildwood entered into a Shared
Services Agreement dated November 4, 2009 pertaining to the Municipal
Construction Official; and WHEREAS,
said agreement provides for a term of one year, terminating December 31,
2011; and WHEREAS,
said agreement also provides for the extension of said agreement from
year to year, on the same terms and conditions, by mutual agreement and
resolution of the parties; and WHEREAS,
it is the desire of the governing body to extend said agreement for an
additional one year term, effective January 1, 2012 and terminating
December 31, 2012; 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
Mayor and Borough Clerk be and they are hereby authorized to execute any
and all documents necessary to effectuate the extension of said Shared
Services Agreement with the City of North Wildwood pertaining to
Municipal Construction Official for an additional one year term,
effective January 1, 2012 and terminating December 31, 2012. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 688-11 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, 2012, 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 Commissioner of Revenue and Finance 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. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 689-11 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 evidence an Agreement with the attached referenced
State Contract Vendor, which Agreement shall be 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 Agreement between the Borough and the
attached referenced State Contract Vendor, 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, 2012 or upon expiration of a listed vendor’s State
Contract (Attachment A), whichever event first occurs. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 690-11 WHEREAS,
the Wildwood Crest Police Department is desirous of having Recruits
Michael S. Reardon and Dylan J. Keenan-Hannum attend the Cape May County
Police Academy; and WHEREAS,
the governing body of the Borough of Wildwood Crest has concluded that
this would be in the best interests of the Wildwood Crest Police
Department, and wishes to authorize same; NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, that Recruits Michael
S. Reardon and Dylan J. Keenan-Hannum be and they are hereby authorized
to attend the Cape May County Police Academy on behalf of the Wildwood
Crest Police Department. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 691-11 WHEREAS,
N.J.S.A. 40A:4-58 permits transfers between budget appropriations during
the final two (2) months of the fiscal year; NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, that transfers
between 2011 budget appropriations be and the same are hereby authorized
as follows:
Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 692-11 WHEREAS,
N.J.S.A. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of
revenue in the budget of any county or municipality when such item shall
have been made available by any public or private funding source and the
amount thereof shall not have been determined at the time of the
adoption of the budget; and WHEREAS,
said Director may also approve the insertion of any item of
appropriation for equal amount; and WHEREAS,
the Borough of Wildwood Crest is in receipt of $202,050.02 from the
State of New Jersey, Department of Community Affairs, Division of Urban
Enterprise Zones and wishes to amend its 2011 Municipal Budget to
include this amount of revenue. NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, does hereby request
the Director of the Division of Local Government services to approve the
insertion of an item of revenue in the municipal budget of the Borough
of Wildwood Crest for the year 2011 in the sum of
$................................................................
202,050.02 which
is now available as a revenue from: Miscellaneous
Revenues Special
Items of General Revenue Anticipated with Prior
Written Consent of the Director of the Division of
Local Government Services - Public and Private Revenues
Offset with Appropriations: New
Jersey Department of Community Affairs - 2011
UEZ Assistance Funds
$ 202,050.02 BE
IT FURTHER RESOLVED that a like sum of
$
202,050.02 be
and the same is hereby appropriated under the caption of: GENERAL
APPROPRIATIONS (a)
Operations
Excluded from 5% Caps Public
and Private Programs Offset by Revenues: 2011
UEZ Assistance Funds BE
IT FURTHER RESOLVED that the Borough Clerk be and he is hereby
authorized and directed to forward two (2) copies of this Resolution to
the Director of the Division of Local Government Services. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 693-11 WHEREAS,
N.J.S.A. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of
revenue in the budget of any county or municipality when such item shall
have been made available by any public or private funding source and the
amount thereof shall not have been determined at the time of the
adoption of the budget; and WHEREAS,
said Director may also approve the insertion of any item of
appropriation for equal amount; and WHEREAS,
the Borough of Wildwood Crest is in receipt of $11,728.73 from the State
of New Jersey, Department of Community Affairs, Division of Urban
Enterprise Zones and wishes to amend its 2011 Municipal Budget to
include this amount of revenue. NOW,
THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, does hereby request
the Director of the Division of Local Government services to approve the
insertion of an item of revenue in the municipal budget of the Borough
of Wildwood Crest for the year 2011 in the sum of
$
11,728.73 which
is now available as a revenue from: Miscellaneous
Revenues Special
Items of General Revenue Anticipated with Prior
Written Consent of the Director of the Division of
Local Government Services - Public and Private Revenues
Offset with Appropriations: New
Jersey Department of Community Affairs - 2011
UEZ Administrative Budget
$ 11,728.73 BE
IT FURTHER RESOLVED that a like sum of
$
11,728.73 be
and the same is hereby appropriated under the caption of: GENERAL
APPROPRIATIONS (b)
Operations
Excluded from 5% Caps Public
and Private Programs Offset by Revenues: 2011
UEZ Administrative Budget BE
IT FURTHER RESOLVED that the Borough Clerk be and he is hereby
authorized and directed to forward two (2) copies of this Resolution to
the Director of the Division of Local Government Services. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 694-11 BE
IT RESOLVED by the Board of Commissioners of the Borough of Wildwood
Crest, County of Cape May, New Jersey, that the Chief Financial Officer
be and is hereby authorized to void the following checks issued against
Borough of Wildwood Crest Disbursement Account at Crest Savings Bank
(Acct. No. 54-901557-9): Check
#
Check Date
Payable To
Amount 30425
01/27/2010
Comcast
$ 169.95 30524
02/10/2010
Ann Wierzbicki
105.84 30807
04/14/2010
Lynn Ribicki
1,261.94 31002
05/26/2010
Meter Products, Inc.
250.00 31695
10/06/2010
Marjorie Preston
225.00
TOTAL AUTHORIZED TO BE VOIDED
$
2,012.73 Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 695-11 BE
IT RESOLVED by the Board of Commissioners of the Borough of Wildwood
Crest, County of Cape May, New Jersey, that the Chief Financial Officer
be and is hereby authorized to void the following check issued against
Borough of Wildwood Crest Trust Escrow Account at Crest Savings Bank
(Acct. No. 54-901560-3): Check
#
Check Date
Payable To
Amount 1589
09/09/2009
Philadelphia Newspapers
$ 592.08 Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 696-11 WHEREAS,
the Borough of Wildwood Crest adopted Emergency Appropriation
Resolutions totaling $50,000.00 in CY 2011 for the purpose of funding
emergency bulkhead repairs; and WHEREAS,
it is now apparent that the entire $50,000.00 of emergency
appropriations will not be required in calendar year 2011 to fund said
emergencies and there remains an unencumbered balance of $7,704.08 which
the governing body is desirous of cancelling. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey that the Chief
Financial Officer be and is hereby authorized and directed to cancel the
unencumbered balance of $7,704.08 CY 2011 emergency appropriations. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 697-11 WHEREAS,
N.J.S.A. 40A:4-60 provides that unexpended balances of budget
appropriations may be canceled prior to the end of the fiscal year; and WHEREAS,
it is deemed to be in the best financial interest of the Borough of
Wildwood Crest to cancel unexpended 2011 appropriation balances. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, County of Cape May, New Jersey, that unexpended 2011
appropriation balances be and are hereby authorized to be canceled as
follows: Appropriation
Title
Amount Authorized to be Canceled Recreation
– S&W
$
6,860.36
Fire
Department – S&W
577.00 Police
– S&W
51,761.48 Tourism
– S&W
4,436.75 Land
Use – S&W
7,364.85 Lifeguards
– S&W
3,925.85 Ambulance
Service – S&W
23,395.05 Municipal
Court – S&W
4,445.81 Environmental
Commission – S&W
200.00 Traffic
Safety – S&W
130.14 Fire
Official – S&W
3,485.52 Borough
Administration – S&W
119.12 Financial
Administration – S&W
993.52 Assessment
of Taxes – S&W
7,350.35 Collection
of Taxes – S&W
1,595.24 Construction
Official – S&W
1,016.10 Director
of Revenue and Finance – S&W
1,600.06 Code
Enforcement – S&W
1,773.51 Beach
Maintenance – S&W
4,458.36 Public
Works – S&W
20,741.88 Sanitation
– S&W
29,169.62 Recycling
– S&W
37,940.49 Sewerage
– S&W
4,119.04 Public
Buildings – S&W
13,449.75 Parks
and Playgrounds – S&W
18,926.05 Fleet
Maintenance – S&W
1,866.63 Director
of Public Works – S&W
.06 Emergency
Management – S&W
.12 Matching
Funds for Grants
16,000.00 Prior
Year Bills
2,856.68 Interest
on Notes
30.00 NJEIT
Principal
.83 TOTAL
AUTHORIZED TO BE CANCELLED
$
270,590.22 Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes The Clerk reported that the CFO had notified all department heads that all expenditures should be withheld until after January 4, 2012 when the 2012 Temporary Budget will be in place. Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, be paid. Vote: Gould-Cabrera-Groon-Yes Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received, from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending November 30, 2011 be accepted as presented and filed. Vote: Gould-Cabrera-Groon-Yes Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held November 21, 2011 and December 5, 2011, as well as the closed session held December 5, 2011, be approved as presented. Vote: Gould-Cabrera-Groon-Yes The first matter for discussion was the 2012 Capital Improvements. The Clerk inquired if the CFO had been provided with direction. Mr. Groon responded that the matter will be held for the January 4, 2012 meeting. With regard to the Boardwalk/Bike Path Connector, the Clerk reported that the request had been made that the $202,000 from UEZ be provided as the Borough’s portion of the project. The City of Wildwood has indicated that they have partial funding, but is awaiting final approval from Small Cities. Mr. Groon reported that the naming of the Rambler Road Park had been sent to the Recreation Commission for suggestions. Mr. Cabrera reported that there are no developments to report. With regard to the Borough Memorial Bench Policy, Mr. Cabrera and the Public Works staff made a presentation. Mr. Cabrera stated that there are many benches throughout the Borough, some of which are dedicated. The benches are of various types. He indicated that the attempt was made to decide whether to continue the Memorial Bench program, and if so, where, what type of bench, and how much would be charged. In the presentation, there were photos of various types of benches being considered. The Assistant Public Works Superintendent reported that there are currently 230 benches throughout the Borough, and of those, 136 are dedicated. Of the 136 currently dedicated, it was his opinion that 22 would be classified as in good condition, i.e., not a safety hazard or an eyesore. Out of the 136 dedicated benches, 77 are from the year 2007 or older; 25 are from 2008 or newer; with a remaining 33 benches with no records existing. Of the remaining total benches, 27 are concrete with blue slats; 58 are the newer powder coated material; 2 are marble benches; 2 are wood wrap around style at the gazebo. Of the 136 dedicated benches, 114 are in need of repair. There are also 141 non-dedicated benches needing to be replaced. The bench being considered is on State Contract. It is a six foot fence with a steel powder coated base and recycled wood slat materials. It also contains an inlaid bronze plaque. The total cost is approximately $850. The plan would be to contact anyone who has a dedicated bench from 2008 or newer and give them the first opportunity to re-dedicate a bench or possibly grandfather them in. The vendor under the State Contract requires a minimum purchase of 50 benches. It was reported that approximately 100 benches, at minimum, would be required. Mrs. Gould stated that the program started in approximately 1989 or 1990. It was her opinion that it is a good program because many people who dedicate benches are strictly summer residents. She stated that the cost of $850 will be prohibitive to most people. It was her understanding that the purpose of the program was to help the community, to provide a service and not to make a profit for the municipality. She suggested charging $400 or $450 per bench. She also disagreed with the plan to have dedications only in May of each year. Mr. Cabrera indicated that he also is in favor of the program. He stated that the purpose of the once per year dedication was because the administration of the program is extensive. The desire is to streamline the program. He stressed that the Borough continues to own the bench, and the public is “renting” the space to put a plaque on the bench. The suggestion would be to charge $500 for a five year “rental” of a bench. The Public Works Superintendent interjected that the taxpayer is paying the difference between the cost of the bench and what would be charged to dedicate the bench. It was his understanding that the objective was to cover the cost of the bench in charging for a dedication. Additionally, due to the salt water environment in Wildwood Crest, benches do not last long, perhaps three to five years. Mrs. Gould inquired as to the life expectancy of the suggested benches. The Superintendent responded that since they are made of recycled plastic, it should be 15 to 30 years. The Assistant Superintendent interjected that the City of Cape May charges $1,200 and the City of Wildwood charges $1,000 per bench. Mr. Groon stated that his initial reaction was that the Borough will have benches in any event, whether they are dedicated or not. He inquired if the Public Works staff was considering a cost for installation. The Assistant Superintendent responded that the cost per bench the cost of the bench was $800 with $50 shipping. Mr. Groon asked for confirmation that the cost for dedication would be $850 installed. Mr. Groon stated that purchasing off State Contract would not guarantee that the bench would remain the same every year. The Assistant Superintendent concurred. Mr. Groon went on to state that in that event there would be different types of benches and materials each year. He asked how that would be controlled. He stated that no matter what is decided regarding dedication, he would prefer to have the same type of bench going forward. Mr. Groon went on to state that he saw no reference to site limitation. He asked if a bench could be dedicated in any location. The Assistant Superintendent responded that he was asking for direction from the governing body in that regard. Mr. Cabrera stated that he has sent a memorandum in July regarding that matter. He had suggested Sunset Lake, the Bike Path, Primrose Park, Bayview Park, the Little League Fields, and the current library, all of which contain dedicated benches. Additionally, the governing body would have to decide whether the permit them at Heather Road pier, Centennial Park, Rosemary Park, Scoop Taylor Park, the tennis courts, the new Rambler Road Park, and all Borough recreation buildings. It was Mr. Cabrera’s opinion that the style of bench being proposed would not be suitable for all locations. Mr. Groon inquired as to what would be done with dedicated benches older than 2008, as well as the dedications prior to 2008. The Assistant Superintendent responded that it was his understanding that their term has expired. He suggested contacting the persons making the dedication and provide them the first opportunity to re-dedicate the bench. Mr. Groon inquired as to the number of those benches. The response was from 2007 and older there were 77. Mr. Groon suggested revisiting the matter at the January 4, 2012 meeting in order to provide the governing body with the opportunity to review the matter more fully. Mrs. Gould suggested in lieu of benches, perhaps a “board” of some type could be erected at the approved locations and plaques could be added to the board as a dedication. The next matter for discussion was the Cape May County Wayfinding Signage. Mr. Groon reported that he attended a meeting with Freeholder Sheppard regarding signage and “branding” for each community in Cape May County. The Assistant Recreation Supervisor also attended the meeting. He reported that the idea stemmed from a presentation made by a nationally renowned tourism expert, who suggested providing travelers with “wayfinding” signage to help them to their locations. The main comment was that Cape May County, as a whole, did not have very good signage providing direction for tourists. Mr. Cabrera stated his opinion that it is a “great idea.” The Assistant Supervisor went on to state that the “branding” issue is that every town should try to develop their own “brand” to make it attractive to tourists. Mr. Groon interjected that the County is looking to incorporate each municipality’s logo into the signage. He suggested turning the matter of the Borough’s logo over to the recreation department to develop a logo. Mr. Cabrera suggested that the Borough needs a professional to develop a logo. With regard to the Rambler Road Park playground, Mr. Cabrera stated that part of the reconstruction of the park is the playground area. Funding will be required in 2012 to fund the playground. The initial estimate was $75,000. In reviewing the playground that existed prior to demolition, it can be seen that there has always been a problem with rusting. Mr. Cabrera provided three concept drawings for review by the governing body. He then requested an increase in funding from $75,000 to $125,000 for the playground. The governing body, in conjunction with the Borough Engineer, reviewed the proposed plans, and discussed the options. It was decided that the members of the governing body, individually, would provide their comments to the Clerk before the January 4, 2012 meeting. Jessica Dare, on behalf of the American Littoral Society, thanked the governing body for adopting the resolution earlier in the meeting requesting the Cape May County Freeholders to make application to the New Jersey Department of Environmental Protection, Green Acres Program. She indicated that Wildwood Crest makes the tenth municipality in Cape May County to adopt such a resolution. There being no further public comments, or matters for discussion in open session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY: RESOLUTION NO. 698-11 A RESOLUTION PROVIDING
FOR A CLOSED SESSION NOT OPEN TO THE PUBLIC IN
ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN
PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12 WHEREAS,
the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that a closed
session may be held for certain specified purposes when authorized by
Resolution adopted by the governing body; and WHEREAS,
it is necessary for the Board of Commissioners of the Borough of
Wildwood Crest to discuss in a session not open to the public certain
matters relating to the item or items authorized by N.J.S.A. 10:4-12b
and designated hereinbelow: _____(1)
Matters
Required by Law to be Confidential:
Any matter which, by express provision of Federal Law or State
Statute or rule of court shall be rendered confidential or excluded from
the provisions of the Open Public Meetings Act. _____(2)
Matters
Where the Release of Information Would Impair the Right to Receive
Funds: Any matter in
which the release of information would impair, restrict, or otherwise
adversely affect a right to receive funds from the Government of the
United States and/or the State of New Jersey. _____(3)
Matters
Involving Individual Privacy:
Any material, the disclosure of which constitutes an unwarranted
invasion of individual privacy such as any records, data, reports,
recommendations or other personal material of any educational, training,
social service, medical, health, custodian, child protection,
rehabilitation, legal defense, welfare, housing, relocation, insurance
and similar program or institution operated by a public body pertaining
to any specific individual admitted to or served by such institution or
program, including but not limited to information relative to any
material pertaining to admission, discharge, treatment, progress or
condition of any individual, unless the individual concerned (or, in the
case of a minor or incompetent, his guardian) shall request in writing
that the same be disclosed publicly. _____(4)
Matters
Relating to Collective Bargaining Agreements:
Any collective bargaining agreement, or the terms and conditions
which are proposed for inclusion in any collective bargaining agreement
including the negotiation of the terms and conditions thereof with
employees or representatives or employees of the public body. __x__(5)
Matters Relating to the Purchase, Lease or Acquisition of Real Property
or the Investment of Public Funds:
Any matter involving the purchase, lease or acquisition of real
property with public funds, the setting of banking rates or investment
of public funds, where it could adversely affect the public interest if
discussion of such matters were disclosed. _____(6)
Matters
Relating to Public Safety and Property:
Any tactics and techniques utilized in protecting the safety and
property of the public, provided that their disclosure could impair such
protection. Any
investigations of violations or possible violations of the law. __x__(7)
Matters Relating to Litigation, Negotiations and the Attorney-Client
Privilege: Any
pending or anticipated litigation or contract negotiation in which the
public body is, or may become a party.
Any matters falling within the attorney-client privilege, to the
extent that confidentiality is required in order for the attorney to
exercise his ethical duties as a lawyer. _____(8)
Matters
Relating to the Employment Relationship:
Any matter involving the employment, appointment, termination or
employment, evaluation of the performance or promotion or disciplining
of any specific prospective public officer or employee or current public
officer or employee employed or appointed by the public body, unless all
the individual employees or appointees whose rights could be adversely
affected request in writing that such matter or matters be discussed at
a public meeting. _____(9)
Matters
Relating to the Potential Imposition of a Penalty:
Any deliberations of a public body occurring after a public
hearing or public portion of a meeting that may result in the imposition
of a specific civil penalty upon the responding party or the suspension
or loss of a license or permit belonging to the responding party. NOW,
THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough
of Wildwood Crest, assembled in public session on the date of the
meeting date set forth hereinbelow, that a closed session shall be held
on for the discussion of matters relating to the specific items
designated above involving the Borough of Wildwood Crest.
The governing body shall convene a closed session discussion
immediately upon passage of this resolution and it is anticipated that
the deliberations conducted in closed session shall be disclosed to the
public upon conclusion of the matter and/or after determination of the
Board of Commissioners that the public interest will no longer be served
by such confidentiality and that the meeting will return to open session
at the conclusion of the discussion and formal action may be taken if/as
authorized. Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted. Vote: Gould-Cabrera-Groon-Yes Upon returning from closed session, there being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned. Vote: Gould-Cabrera-Groon-Yes Dated: January 25, 2012 Kevin M. Yecco, Borough Clerk
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