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Minutes of Commissioners Meeting   -   January 25, 2012

Note:  Complete Meeting Appears on CD #2-12 and #3-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office January 25, 2012
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, 2011.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1135 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1135

AN ORDINANCE CHANGING THE DATE OF THE NON-PARTISAN REGULAR MUNICIPAL ELECTION FOR THE BOROUGH OF WILDWOOD CREST TO THE DATE OF THE GENERAL ELECTION IN NOVEMBER AND EXTENDING THE TERMS OF OFFICE OF THE EXISTING BOARD OF COMMISSIONERS

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1135.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1135 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1135 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1136 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1136

AN ORDINANCE REVISING AND AUGMENTING CHAPTER 47, PARKING

METERS, SECTION 2, ZONES ESTABLISHED, OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 592 ADOPTED MAY 1, 1984, ORDINANCE NO. 704 ADOPTED AUGUST 9, 1989, AND ORDINANCE NO. 1008 ADOPTED MAY 3, 2006

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1136.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1136 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1136 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1137 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1137

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56, RECREATION COMMISSION, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 56-3, POWERS AND DUTIES, RATES AND FEES SCHEDULE, AND AMENDING AND SUPPLEMENTING 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; AND ORDINANCE NO. 1103 ADOPTED JULY 21, 2010

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing on Ordinance No. 1137 be held.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1137 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1137 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1138 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

 

 

ORDINANCE NO. 1138

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH

OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE", FIXING AND

DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD

CREST, IN THE COUNTY OF CAPE MAY , NEW JERSEY , PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1138.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1138 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1138 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1139 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1139

AN ORDINANCE AUGMENTING AND AMENDING THE LAND USE DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST, CHAPTER 85 – ARTICLE IV – R-1 – LOW DENSITY RESIDENTIAL ZONE, SECTION 85-28 – AREA AND BULK REGULATIONS – G – MAXIMUM LOT COVERAGE; ARTICLE V – R-1A – SEMI-LOW DENSITY RESIDENTIAL ZONE, SECTION 85-32 – AREA AND BULK REGULATIONS – G – MAXIMUM LOT COVERAGE; ARTICLE VII – R-2 – TWO-FAMILY RESIDENTIAL ZONE, SECTION 85-40 – AREA AND BULK REGULATIONS – E – MAXIMUM LOT COVERAGE, AND SECTION 85-40A – MINIMUM LOT AREA

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1139.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1139 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1139 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1140 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1140

A CAPITAL ORDINANCE PROVIDING FOR THE PURCHASE OF VARIOUS PIECES OF EQUIPMENT TO BE UTILIZED BY THE DEPARTMENT OF PUBLIC SAFETY AND APPROPRIATING THEREFOR THE AMOUNT OF $119,000 FROM CAPITAL IMPROVEMENT FUND

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1140.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1140 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1140 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 713-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that a “JIF SAFETY CONTRACT” with the ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND be and the same is hereby authorized and approved for participation in the annual Safety Incentive Program.

 

BE IT FURTHER RESOLVED that all designated and currently named Department Heads, specifically representing: POLICE, RECREATION, PUBLIC WORKS, AMBULANCE/RESCUE, AND ADMINISTRATION as set forth therein be and the same are likewise authorized, directed, and empowered to execute that portion of the contract which evidences participation in the aforesaid Safety Incentive Program as well as compliance with all requirements appertaining thereto.

 

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. 714-12

 

WHEREAS, on December 14, 2011 ,  CHAD DESATNICK, LIFE ROLLS ON FOUNDATION , 2 Captains Court , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of an ADAPTIVE SURFING PROGRAM   to be held on June 16, 2012 ,  from 7:00 a.m. to 3:00 p.m., with a rain date of June 17, 2012, on the Beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS, CHAD DESATNICK, LIFE ROLLS ON FOUNDATION, 2 Captains Court, Cape May, NJ 08204 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 CHAD DESATNICK, LIFE ROLLS ON FOUNDATION, 2 Captains Court, Cape May, NJ 08204 for the purpose of an ADAPTIVE SURFING PROGRAM to be held on June 16, 2012 , from 7:00 a.m. to 3:00 p.m., with a rain date of June 17, 2012, on the Beach at Rambler Rd.

 

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. 715-12

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 3-FINAL.

                              CONTRACT #2 = REMOVAL & REPLACEMENT OF ROOF ABOVE THE COURT CLERK’S OFFICE AT BOROUGH HALL

 

 

WHEREAS, Union Roofing Contractors, Inc. of Philadelphia, Pennsylvania has satisfactorily completed the contract for the project known as Contract #2 Removal & Replacement of Roof above the Court Clerk’s Office at Borough Hall; and

 

WHEREAS, during the course of completing the project, certain additions, as well as framing/structural repairs were required as indicated on Change Order Number 1 – FINAL, increasing the contract amount by $3,500.00; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 3 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

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 said Change Order Number 1 – FINAL, increasing the total contract amount to $21,000.00 and Estimate Certificate Number 3 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Union Roofing Contractors, Inc. be made thereon.

 

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. 716-12

 

SUBJECT:          A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 3-FINAL.

                              CONTRACT #3 = REMOVAL & REPLACEMENT OF BOROUGH HALL EAST ROOF

 

 

WHEREAS, Union Roofing Contractors, Inc. of Philadelphia, Pennsylvania has satisfactorily completed the contract for the project known as Contract #3 Removal & Replacement of Borough Hall East Roof; and

 

WHEREAS, during the course of completing the project, certain additions, as well as framing/structural repairs, mechanical repairs and curbing improvements were required as indicated on Change Order Number 1 – FINAL, increasing the contract amount by $18,513.45; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 3 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

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 said Change Order Number 1 – FINAL, increasing the total contract amount to $116,513.45 and Estimate Certificate Number 3 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Union Roofing Contractors, Inc. be made thereon.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

NOTE: A list of submitted bills paid is attached on the following pages.

 

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 December 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 December 22, 2011 and January 4, 2012, as well as the closed sessions held on both dates, be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Groon requested that the discussion of the 2012 Capital Plan be held until later in the meeting.

 

With regard to the GWTIDA appropriations, TDF ordinance amendment, the Clerk indicated that he and Commissioner Cabrera had met with the GWTIDA representatives on January 24, 2012. The meeting resulted in a difference of opinion between the City of North Wildwood and the Borough of Wildwood Crest as to the division of the fees to be generated by the fee increases. The Borough is awaiting a presentation from GWTIDA as to what that organization feels would be the most amicable way to move forward.

 

The Clerk indicated that the Borough had issued press releases regarding the naming of the Rambler Road Park . He added that he had supplied to each of the members of the governing body individually some of the suggestions that have already been provided. The Assistant Recreation Supervisor reported that he had received more suggestions, and the most popular suggestion is “ Sunrise Park .” Mrs. Gould inquired if a deadline had been placed on the Borough receiving suggestions. The response was negative. She suggested an April 15th deadline. Mr. Groon interjected that the deadline for the tourism related brochures is mid-March. He suggested February 15th or March 1st.

 

The next matter for discussion was the County Library renovations committee. The Clerk reported that he had provided to the appropriate staff members of the County Library Association the information regarding the Borough’s committee. The Borough employee representative is Brian Cunniff, who will report directly to the Clerk/Administrator with all developments for presentation to the board; Nancy Pietropaoli; Evelyn Bailie; and Christina Chila. Mr. Groon inquired if a resolution would be necessary to establish the committee. The Clerk responded that it would be appropriate. Mrs. Gould stated that she would like to serve on the committee as the designated commissioner, as it was her opinion that a commission representative was needed. Mr. Groon disagreed, stating that all three commissioners had a strong interest in the library and it would not be fair to choose one over the others.

 

In furtherance of the Library Committee, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 717-12

 

WHEREAS, the County of Cape May has commenced a public library renovation on the former site of the Masonic Lodge on Atlantic Avenue in the Borough of Wildwood Crest; and

 

WHEREAS, the County of Cape May has requested creation of an ad hoc library committee for the purpose of exchanging ideas and for providing input on the planning, design and renovation project;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey , that an ad hoc Library Committee be and the same is hereby duly established, and the Committee so appointed shall be as follows:

 

               1.            Brian Cunniff, Municipal Appointee

               2.            Nancy Pietropaoli, member of the public

               3.            Evelyn Bailie, member of the public

               4.            Christina Chila, Librarian, Crest Memorial School , member of the public

 

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

Prior to the vote, Mr. Cabrera inquired as to how the committee would report back to the governing body, i.e., how will communications between the three entities (county, ad hoc committee and the governing body) be coordinated. The Clerk responded that the formation of the committee will enable interaction from the county officials as to the architectural drawings and renderings, the plans for renovation of the building as they move forward. The committee would meet with the representative of the County Library Association, information would be gathered from her as to what the plans will entail, that information would then be brought back by Brian Cunniff, through the Clerk/Administrator, to the governing body for discussion and possible future action. Mr. Cabrera inquired if the ultimate decision will rest with the county. The Clerk and Mr. Groon both concurred. Mr. Cabrera asked for confirmation that if any member of the governing body had any input, those comments should be made through a public meeting of the governing body or through that Commissioner’s appointee to the committee. The Clerk advised that Brian Cunniff is the conduit between the governing body and the County.

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

The next matter for discussion was the Rambler Road playground. The Clerk indicated that he had circulated to the governing body an e-mail received from the Borough Engineer which indicates that the project is now up to $195,000. He went on to state that the governing body would have to give consideration to their willingness to move forward with the project at that cost. Mr. Cabrera stated that it was his intention to meet with the Engineer, since it was his opinion that there are some areas that can be reduced. He had earlier indicated that the budget should be in the vicinity of $150,000.

 

With regard to the Borough logo design, the Clerk reported that Commissioner Cabrera has sought proposals from various vendors, three of which had been received. Mr. Cabrera added that there are several more proposals pending. Mrs. Gould interjected that it was her opinion that spending $5,000 for a logo design was too expensive. Mr. Cabrera responded by indicating that he has asked those who have contacted him to have their proposals in to him by the end of the month. After that time, he will review the proposals and make a recommendation to the governing body. Mrs. Gould inquired if the entire governing body would have input. Mr. Cabrera responded in the affirmative.

 

The final matter for discussion was the 2012 Capital Improvements. Mr. Groon stated that recent information had been supplied showing that there are issues with the Nesbitt Center . Mr. Cabrera reported that the governing body had discussed adding a matching metal roof to the Nesbitt Center . Because it would be a metal roof, it would require some additional structural work to the east side wall of the building. In conjunction with the other work being considered, the cost estimate was $250,000 to $275,000. It was his opinion that the governing body will have to go back and look at a less expensive way to improve the building, make it safe, and have it tie in to the new park.

 

Mr. Groon inquired with regard to the playground if Mr. Cabrera was still looking at doing the handicapped surface beneath the entire project since it was his opinion that that was what was driving the cost. Mr. Cabrera responded that in order to meet the minimum requirement, the handicapped surface was still being considered, along with mulch.

 

The governing body reviewed the renderings in conjunction with the Engineer. Mrs. Gould inquired if the handicapped surface is required. Mr. Cabrera responded that it is not required, unless it is the intention to make the playground ADA compliant. Mr. Groon suggested looking into a smaller piece of handicapped equipment with the handicapped surface leading to it as opposed to trying to make the entire playground handicapped accessible.

 

After further discussion, it was determined to remove the sun shade, redesign the ADA surface to the minimum required for the three pieces of equipment, and reconfigure the layout of the equipment to reduce the amount of surface required. The Engineer indicated he would have a revised price estimate to the governing body before the end of the week.

 

Returning to the Nesbitt Center discussion, Mr. Cabrera stated that if the governing body determines that an investment is needed in that building, a decision will have to be made for the 2012 Capital Improvement Plan. He went on to indicate that it was his intention to obtain cost estimates without the metal roof, with the decking and ADA accessibility, and see if the costs can be reduced. Mrs. Gould asked why the decking has to be changed. The Engineer responded that it is not compliant. Mr. Cabrera also stated that the governing body must look at long-term use of the building. Mr. Groon agreed that the long-term mission is important. Mr. Cabrera stated that the Borough has a surf camp concession, and he suggested that it would be a good area to house the surf camp. He indicated further that the additional rent to be realized for the use of that building would help the Borough’s revenues. Mrs. Gould asked if Mr. Cabrera planned to have the work completed by the summer of 2012. Mr. Cabrera responded that the current surf camp provider may be losing their building and are looking for a place to rent for the 2012 season. The Solicitor interjected that the rental of the building would have to be put out to bid. It was decided that Mr. Cabrera and the Engineer would come up with a revised cost estimate.

 

The Clerk reported that the budget process has been delayed by the Division of Local Government Services to March 9, 2012. He cautioned that any delays to the maximum limit – April 29, 2012 – may impact purchases for goods or services needed for the start of the summer season.

 

The Clerk indicated that the governing body had been provided information regarding the Frank H. Stewart Trust for a grant opportunity for the consideration of possible purchase of the land situated in Lower Township that is still under consideration and to be discussed in closed session. He cautioned that the grant contains specific limitations and enumerated those recreation/park/open space limitations for the governing body.

 

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

RESOLUTION NO. 118-12

 

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b)

 

WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4-6 et. seq.) requires all meetings of the Board of Commissioners of the Borough of Wildwood Crest to be held in public, except that N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive or Closed Session,” i.e., without the public being permitted to attend; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that two  (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on January 25, 2012 at 7:00 P.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

“(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.” The legal citation to the provision(s) at issue is: _________________________________________ and the nature of the matter, described as specifically as possible without undermining the need for confidentiality is____________________________________________________

 

 

“(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

 

“(3) 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, custodial, 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 the individual’s personal and family circumstances, and 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.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _________________________________________

 

 

“(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body.” The collective bargaining contract(s) discussed are between the Borough and _________________________________________

 

 

XXXX“(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is potential purchase of land (Ranalli property) in Lower Township

 

“(6) 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.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

 

XXXX“(7) 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.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are beach replenishment/sand backpassing project and permitting issue with NJDEP re: beach accretion

and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is ______________________________

 

 

 

“(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, 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 individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are _____________________________

 

 

“(9) Any deliberation of a public body occurring after a public hearing 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 as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

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 of the governing body set forth herein above, that a closed session shall be held 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.

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a cop of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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:        February 22, 2012

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX