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Minutes of Commissioners Meeting   -   April 27, 2011

Note:  Complete Meeting Appears on CD #09-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office April 27, 2011
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing 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. 517-11

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

 

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

 

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5, the Borough of Wildwood Crest has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Wildwood Crest meets the necessary conditions to participate in the program for the 2011 budget year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

 

               1.  That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

 

               a.  Payment of interest and debt redemption charges

               b.  Deferred charges and statutory expenditures

               c.  Cash deficit of preceding year

               d.  Reserve for uncollected taxes

               e.  Other reserves and non-disbursement items

               f.  Any inclusions of amounts required for school purposes

 

               2.  That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3, et. seq., are fully met (Complies with the “CAP” law).

 

               3.  That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

 

               4.  That pursuant to the Local Budget Law:

 

               a.  All estimates of revenue are reasonable, accurate, and correctly stated,

               b.  Items of appropriation are properly set forth,

               c.  In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

 

               5.  The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of NJ.S.A. 40A:4-5 shall not prevent such certification.

 

               6.  That all other applicable statutory requirements have been fulfilled.

 

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded 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 IN FULL

RESOLUTION NO. 518-11

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget be read by title only at the time of the public hearing if a Resolution is passed by not less than a majority of the full membership of the governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget is advertised, has been posted on the bulletin board in Borough Hall, and copies have been made available by the Borough Clerk to persons requiring them on a daily basis thereafter, including the date and time of the actual public hearing held as a result thereof; and

 

WHEREAS, these required conditions have been made;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey, that the municipal budget of the Borough of Wildwood Crest be read by title only.

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted and that the public hearing on the municipal budget now be held.

Vote:          Gould-Cabrera-Groon-Yes

 

 

Prior to public comments, Mr. Groon advised those present that the Borough’s Auditor was not present, but that the Borough’s Chief Financial Officer was present to answer any questions and assist in the budget process.

 

 

Jim Johnstone, 300 East Miami Avenue, inquired if the Borough was anticipating any freezes on salaries, now or in the future. He was advised that each department was different; that the Borough has various contracts that are in different years of their term. One contract was negotiated in 2010-11 with good results. The overall average salary increase is approximately 1.3% for 2011, which includes all contracts previously committed to. Mr. Johnstone inquired as to the affect it will have on the State’s 2.0% cap, especially in light of various commodities increasing rapidly. The CFO responded that in 2011, the impact is negligible. The 2011 budget is approximately $320,000 under the CAP, as permitted by law, of 2%. He went on to explain the details of the 2% CAP law as it relates to the Borough’s budget. It was his opinion that the Borough is very well positioned financially for budget years 2012 and 2013.

 

 

Mr. Johnstone then inquired if the municipal tax rate would increase approximately the same as in 2010, which was over $0.05. The CFO responded that the municipal tax rate will be lower, approximately $0.015.

 

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on the 2011 Municipal Budget be closed.

Vote:          Gould-Cabrera-Groon-Yes

 


          THE CLERK READ THE FOLLOWING RESOLUTION IN FULL AS FOLLOWS:

RESOLUTION NO. 519-11

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 520-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorizations of the below amount of $13,327,130.91 for municipal purposes.

 

BE IT FURTHER RESOLVED that the summary of revenues for inclusion in the 2011 MUNICIPAL BUDGET be and the same are as follows:

              

               GENERAL REVENUES

               Surplus Anticipated                                                                      $    1,400,000.00

               Miscellaneous Revenues Anticipated                                              5,399,836.24

               Receipts from Delinquent Taxes                                                          465,000.00

               AMOUNT TO BE RAISED BY TAXATION FOR

               MUNICIPAL PURPOSES                                                                 13,327,130.91

                                                            TOTAL REVENUES                        $  20,591,967.15

 

 

 

 

 

BE IT FURTHER RESOLVED that the summary of appropriations for inclusion in the 2011 MUNICIPAL BUDGET be and the same are as follows:

 

               GENERAL APPROPRIATIONS

                                                            Within “CAPS”

                              (a&b)  Operations including Contingent                    $  11,159,992.00

(e)       Deferred Charges and Statutory                     

                              Expenditure – Municipal                                                    1,241,192.05

                              Excluded from “CAPS”

                              (a)       Operations - Total Operations

                                         Excluded from “CAPS”                                            3,635,215.89

                              (c)       Capital Improvements                                                443,800.00

                              (d)       Municipal Debt Service                                          3,214,677.00

                              (e)       Deferred Charges – Municipal                                  135,776.29

                              (m)      Reserved for Uncollected Taxes                               761,313.92

 

                                                            TOTAL APPROPRIATIONS           $  20,591,967.16

 

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. 521-11

WHEREAS, there exist unexpended balances in certain General Capital Fund improvement authorizations which were dedicated to specific capital projects; and

 

WHEREAS, said capital projects have been completed and there is no further need to retain said unexpended balances of improvement authorizations; and

 

WHEREAS, it is deemed to be in the best interest of the Borough of Wildwood Crest to cancel said unexpended balances of improvement authorizations, and it is the desire of the Board of Commissioners to cancel these unexpended 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 balances of General Capital Fund improvement authorizations be and are hereby canceled as follows:

 

Ord. #    Date Authorized                Description                                       Amt. Authorized to Cancel

 

934(B)   06/23/2003                         Acquire Decorative Light Assemblies               $1,313.62

953(B)   03/24/2004                         Impvt to Borough Hall               5,897.16

953 (F)  03/24/2004                         Heather Road Storm Sewer Impvts               8,561.86

986(A)  11/09/2005                         Impvts to Sanitary Sewer System               40,407.33

995(B)   02/08/2006                         Forget-Me-Not Rd Sanitary Sewer Impvt               30,549.10

1020(B)                                             10/25/2006          Impvt to Cardinal Rd Storm Sewer               43,014.67

1034(B)                                             03/21/2007          Purchase Ambulance               4,000.00

1066      01/14/2009                         Replace Hollywood Ave Storm Sewer               16,761.95

1071(A)                                             03/25/2009          Purchase Refuse Packer               1,468.50

1071(B)                                             03/25/2009          Construct Records Room               1,420.48

 

               TOTAL AUTHORIZED TO BE CANCELED               $153,394.67

 

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. 522-11

WHEREAS, Borough of Wildwood Crest Ordinance No. 1069, adopted February 25, 2009, has approved and confirmed 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

 

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, 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 2011.

 

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.  That the precise fee schedule, with corresponding locations, for parking meter charges be and the same is hereby established as follows:

 

The following street or streets will be $1.25 per hour (12 minutes for each quarter deposited):

 

Beach Avenue – Cresse Avenue to Morning Glory Road

Crest Pier Lot – All

Ocean Avenue – Cresse Avenue to Primrose Road

Cresse Avenue – Atlantic Avenue to Beach

Morning Glory Road – Atlantic Avenue to Beach

Buttercup Road – Atlantic Avenue to Beach

Lavender Road – Atlantic Avenue to Beach

Heather Road – Atlantic Avenue to Beach

Crocus Road – Atlantic Avenue to Beach

Aster Road – Atlantic Avenue to Beach

Cardinal Road – Atlantic Avenue to Beach

Wisteria Road – Atlantic Avenue to Beach

Columbine Road – Atlantic Avenue to Beach

Forget-Me-Not Road – Ocean Avenue to Beach

Palm Road – Atlantic Avenue to Beach

Lotus Road – Atlantic Avenue to Beach

Primrose Road – Atlantic Avenue to Beach

Rambler Road – Atlantic Avenue to Beach

Orchid Road – Ocean Avenue to Beach

Stockton Road – Atlantic Avenue to Beach

Farragut Road – Ocean Avenue to Beach

Louisville Avenue – Atlantic Avenue to Beach

Miami Avenue – Atlantic Avenue to Beach

Monterey Avenue – Atlantic Avenue to Beach

St. Paul Avenue – Atlantic Avenue to Beach

Preston Avenue – Atlantic Avenue to Beach

Topeka Avenue – Atlantic Avenue to Atlantic Avenue

Pittsburgh Avenue – Atlantic Avenue to Beach

Charleston Avenue – Atlantic Avenue to Beach

St. Louis Avenue – Atlantic Avenue to Beach

Trenton Avenue – Atlantic Avenue to Beach

Newark Avenue – Atlantic Avenue to Beach

Washington Avenue – Atlantic Avenue to Beach

Jefferson Avenue – Seaview Avenue to Beach

Atlantic Avenue – Atlanta Avenue to Borough/Lower Township line

Atlantic Avenue – Primrose Road to Rambler Road

Atlantic Avenue – Heather Road to Syracuse Avenue

Atlanta Avenue – Atlantic Avenue to Beach

Nashville Avenue – Atlantic Avenue to Beach

Stanton Road – Atlanta Avenue to Beach

 

               3.  The hours and periods of operation of parking meters in the Borough of Wildwood Crest shall be 9:00 A.M. to 9:00 P.M. daily, commencing May 13, 2011 through September 25, 2011.

 

               4.  That the designated officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered and directed to charge/collect fees in accordance with the schedule set forth hereinabove.

 

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. 523-11

 

RESOLUTION SUPPORTING A-3412 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS

 

WHEREAS, when County Tax Board appeals are granted, the municipality must reimburse the property taxpayer 100% of the appealed tax levy, which includes the municipal, school, county and any special districts tax; and

 

WHEREAS, the municipal tax collector makes the adjustment from the appeal as a credit on the 4th quarter tax bill resulting in the municipality’s fund balance for the preceding year to diminished , if not completely depleted; and

 

WHEREAS, a recent League of Municipalities’ survey has measured the extent to which residents have filed and won tax appeals in 2010; and

 

WHEREAS, one hundred fifty (150) municipalities, representing both large and small municipalities in all 21 counties that participated in the survey, reported property value declines of more than $87,900,000, which resulted from 19,788 tax appeals filed in 2010; and

 

WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared to 19,788 in 2010, representing an increase of 43.7%; and

 

WHEREAS, a municipality often experiences an increase in tax appeals because they have conducted a revaluation, however, only 5 of the 150 municipalities, which participated in our survey, indicated that their 2010 appeals resulted from revaluations; and

 

WHEREAS, as a way of comparison, 23 of the participating municipalities conducted revaluations in 2009, when fewer tax appeals were presented to the County Tax Boards; and

 

WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of homeowners, all around our Garden State; and

 

WHEREAS, the survey also indicated that in 2010 the various County Tax Boards have granted average property value reductions of close to $5,000, per appeal; and

 

WHEREAS,  fifty-six percent of those responding indicated that the successful tax appeals would have an impact on fund balances and place additional pressures on local officials during 2011; and

 

WHEREAS, although the survey was a snapshot picture in time, it can be used to project what might follow in 2011, since the reductions, which were granted by County Tax Boards in 2010, will have a multiplier effect when neighbors learn of their neighbor’s tax reduction, which will likely increase the appeals and in the alternative, Tax Assessors could be forced to adjust property values, based upon the appeal information; and

 

WHEREAS, successful tax appeals have a three-fold negative impact on municipal budgets. First, the municipality, as the collector of taxes for the School district, county and special districts, must fund the full cost of the legal defense of the assessment. Second, since State law guarantees to the county and the school district 100% of their levies, the municipality bears the full cost of any re-imbursements resulting from the appeal (as well as the full burden for any uncollected taxes). Third, the end result will be a further decline in the property tax base used to support Municipalities, County governments and School systems; and

 

WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2% cap), such declining values will compound and add additional stress to local public officials, as they grapple with the issues confronting the tax paying public; and

 

WHEREAS, Assemblyman Carroll has recently introduced A-3412, which requires fire districts, school districts, and county governments to share in burden of property assessment appeal refunds;

 

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey hereby urge the swift passage and signing of A-3412; and

 

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

 

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. 524-11

WHEREAS, on April 20, 2010 the Wildwood Crest Zoning Board considered the application of THE BESTEST, LLC, 6200-6204 New Jersey Ave., owner of property located at Block 40, Lots 4,5 & 6 a/k/a 6200-6204 New Jersey Avenue, Wildwood Crest, New Jersey, for bulk variance for side and front yard encroachment, lot coverage and use variance for vertical expansion; and preliminary and final site plan approval;

 

WHEREAS, subsequent to the approval of the application by the Wildwood Crest Zoning Board, THE BESTEST, LLC requested, by correspondence dated April 20, 2010, reimbursement of any monies remaining from the escrow fee; and

 

WHEREAS, the Wildwood Crest Zoning Board has recommended (Resolution No. ZB-A-11-12) the return of the $1000.00 balance of escrow fee;

 

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 issue a refund of escrow fee in the amount of $1000.00 to THE BESTEST, LLC, 6200-6204 New Jersey Avenue, Wildwood Crest, NJ 08260.

 

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. 525-11

 

WHEREAS, GEORGE W. SHENBERGER, II, 880 Satellite Dr., York PA 17402, made application before the Wildwood Crest Planning Board on January 7, 2010 for minor subdivision with no variances for Block 126.01, Lots 16, 17 & 18.01, a/k/a 326 e. St. Paul Ave., Wildwood Crest, New Jersey; and

 

WHEREAS, GEORGE W. SHENBERGER II has requested the return of the unused escrow fee of $800.00; and

 

WHEREAS, the Planning Board of the Borough of Wildwood Crest, by Resolution No. A-11-07 of said Board dated April 6, 2011, has recommended that the escrow fee as referenced above be returned to GEORGE W. SHENBERGER II;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer of the Borough of Wildwood Crest be and he is hereby authorized and directed to cause a refund of escrow fee of $800.00 to be made to GEORGE W. SHENBERGER, II, 880 Satellite Dr., York PA 17402, for the reasons set forth above.

 

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. 526-11

 

CANCELING ERRONEOUS 2010 & 2011 SEWER RENTS

               WHEREAS, it has been determined by the Tax Collector of the Borough of Wildwood Crest, that a sewer account has been billed erroneous sewer rents for 2010 & 2011.

 

               WHEREAS, sewer account 3786-0, at 6705-07 New Jersey Ave is a vacant lot, and does not have an active water meter, therefore, the sewer rents levied in 2010 & 2011 should be canceled.

 

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said erroneous sewer rents should be canceled accordingly as indicated below.

 

 

Block /Lot                          Name                                                                                              Amount

Sewer ID#

 

57-23                                   Ocean View Ventures LLC                                                                                 

3786-0                                6705-07 New Jersey Ave

                                             2010 Sewer Rents                                                                         $124.00

                                             2011 Sewer Rents                                                                         $124.00

 

 

               NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, hereby authorize the Tax Collector of the Borough of Wildwood Crest to cancel said sewer amounts for 2010 & 2011.

 

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. 527-11

WHEREAS, on April 6, 2011 ,  LINDA J. DeCARO , 35 D. Pasadena Ave. , Lodi, NJ 07644 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 9, 2011 ,  at 11:30 a.m. on the Beach at Wisteria Rd. in front of the Waikiki Hotel. ; and

                                                                                                                                               

WHEREAS, LINDA J. DeCARO, 35 D. Pasadena Ave., Lodi, NJ 07644 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to LINDA J. DeCARO, 35 D. Pasadena Ave., Lodi, NJ 07644 for the purpose of a WEDDING to be held on October 9, 2011 , at 11:30 a.m. on the Beach at Wisteria Rd. in front of the Waikiki Hotel.

 

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. 528-11

WHEREAS, on April 12, 2011,  NEW JERSEY THUNDER MOTORSPORTS, INC, 4101 Boardwalk, P.O. Box 1256, Wildwood, NJ 08260 applied for a Special Events Permit for the purpose of a Car Show to be held on Thursday, May 5, 2011 from 6:00 p.m. to  8:30 p.m. on Sweet-Briar Rd. between Atlantic Ave. and Ocean Ave.; and

 

WHEREAS, NEW JERSEY THUNDER MOTORSPORTS, INC has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event and obey all traffic rules; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to NEW JERSEY THUNDER MOTORSPORTS, INC, 4101 Boardwalk, P.O. Box 1256, Wildwood, NJ 08260 for the purpose of a Car Show to be held on Thursday, May 5, 2011 from 6:00 p.m. to 8:30 p.m. on Sweet-Briar Rd. between Atlantic Ave. and Ocean Ave.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear in full on the following page, 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 March 31, 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 March 23, 2011 and April 13, 2011, as well as the closed session held on April 13, 2011, and the Special Meeting of April 18, 2011, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was the Rambler Road Park Project, Phase 2. The Clerk reported that he had submitted to the governing body a revised plan as prepared by the Borough Engineer. The Engineer indicated that the plan was the same as discussed and unanimously approved at the previous meeting.

 

With regard to the Crest Pier Roof Renovations, the Clerk reported that there were no new developments to discuss. Mr. Cabrera indicated that he would be meeting with the CFO to review the numbers.

 

The Clerk next reported that he had supplied information regarding the Boardwalk/bike path connector to the governing body as had been submitted to Mr. Groon from the State of New Jersey indicating that the potential outlook for the project was positive. The exact amount of funding was not provided nor was any timeframe for final approval.

 

Robert Patterson, 8405 Seaview Avenue, commented on a problem he had been having for several years with a neighbor. He stated that the roof shingles from the home have been blowing off and hitting his vehicles, costing him money for repairs. He suggested that the Borough adopt an ordinance requiring property owners to maintain their property so as to avoid damaging neighboring properties. He was advised that the Borough does have a property maintenance code, adopted by ordinance. He was assured that the matter would be discussed with the Code Enforcement Officer after further review by the Mayor.

 

Louise Johnstone, 300 East Miami Avenue, inquired if more renovations were being contemplated at Rosemary Park. She was advised that all renovations have been completed, with the exception of a sign and dedication of the veterans’ park.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 529-11

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:

 

__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.

 

__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.

 

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:        May 25, 2011

Kevin M. Yecco, Borough Clerk

 

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