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Minutes of Commissioners Meeting   -   March 7, 2012

Note:  Complete Meeting Appears on CD #6-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office March 7, 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 9:30 a.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.

 

With regard to Ordinance No. 1141, the Clerk requested a discussion of the matter prior to the adoption procedure. He indicated that an agreement had been supplied by GWTIDA for consideration by the governing bodies of Wildwood Crest, Wildwood and North Wildwood, to contain language which would deal with the fees as they are collected and disbursed. He indicated that some of the information in the proposed agreement would have to be revised and that the Solicitor was working on doing so. He suggested that the adoption of this ordinance be contingent upon a fully executed agreement by and among the three participating municipalities and GWTIDA. He went on to state that the Solicitor had indicated that a final document could be circulated by the municipalities, and a final date of March 14, 2012 for the full execution of the agreement would be feasible. If that does not take place, the ordinance being considered for adoption at this meeting would be rendered null and void.

 

The Solicitor interjected that she did not receive the agreement until the afternoon of March 6, 2012. She added that she did make revisions prior to this meeting and would be circulating the revised agreement. She added that the public hearing on this ordinance had been held at the February 22, 2012 meeting and the final vote was tabled at that time until today’s meeting.

 

Mr. Cabrera inquired if the vote could be tabled once again in order to provide sufficient time to review and adopt the proposed agreement. The Clerk responded that if the new fees were to be included in the 2012 mercantile billing process, the changes included in this pending ordinance would have to be adopted at this meeting in order for it to be in effect in time for the mercantile bills to be sent out and ample opportunity for payment of same as the Borough Code mandates.

 

The Clerk stated that if any of the members of the governing body are not satisfied with the final agreement and it is not accepted by a majority of the governing body, the ordinance will become null and void, and the new fees will not go into effect.

 

Mr. Groon interjected that the March 14, 2012 deadline is coming from Wildwood Crest, a notice should be sent to the other two municipalities and GWTIDA indicating that the Borough cannot extend the deadline beyond March 14, 2012. The Clerk indicated that he would comply.

 

The Clerk requested a motion to finally adopt Ordinance No. 1141 on second and final reading and to advertise according to law, and thereafter have an effective date contingent upon a fully executed agreement by and among the three participating municipalities and GWTIDA with the execution date required to be on or before March 14, 2012.

 

Mrs. Gould motioned as indicated by the Clerk, seconded by Mr. Cabrera.

Vote:          Gould-Cabrera-Groon-Yes

 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1143 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. 1143

BOND ORDINANCE APPROPRIATING $360,000 AND

AUTHORIZING THE ISSUANCE OF $342,000 BONDS OR

NOTES OF THE BOROUGH, FOR THE VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1143.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1143 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1143 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. 737-12

 

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

 

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

from the property owner or it's designee an excess amount on 2012 property taxes and/or utility payments; and

 

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

 

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

 

Block / Lot                           Name                                                                               Amount

 

63-24                                   Roberts, Kristopher                                                       $1,329.75

2012 Tax                            6901 New Jersey Ave

                                             Saxon Mortgage & CoreLogic Tax Services both

                                             Paid 2012 1st Qtr taxes

                                             Refund to Saxon Mortgage c/o CoreLogic

 

95.03-9-C0219                  Pags Rental Properties LLC                                            $411.87

2012 Tax                            511 E Stockton Road

                                             Saxon Mortgage & CoreLogic Tax Services both

                                             Paid 2012 1st Qtr taxes

                                             Refund to Saxon Mortgage c/o CoreLogic

 

115.02-1                             Frankel, Richard H & Linda L                                      $1,606.37

2012 Tax                            7900 Pacific Ave

                                             Saxon Mortgage & CoreLogic Tax Services both

                                             Paid 2012 1st Qtr taxes

                                             Refund to Saxon Mortgage c/o CoreLogic

 

               NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax Collector should mark the records accordingly to reflect said refund as per the meeting on March 7, 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. 738-12

 

WHEREAS, N.J.S.A. 40A:11-36 pertains to the sale or other disposition of personal property by municipalities; and

 

WHEREAS, Section (2) of the aforesaid statute provides that “the contracting unit need not advertise for bids when it makes any such sale to the United States, the State of New Jersey, another contracting unit or to any body politic to which it contributes tax raised funds;” and

 

WHEREAS, the Borough of Wildwood Crest has determined that an existing vehicle in its possession is of little or no value to said Borough and, consequently, desires to transfer title to the vehicle, a 1984 American LaFrance Pumper, VIN 1AFAE118XE1A18067, to the Cape May County Fire Academy for the total sum of $1.00; and

 

WHEREAS, the Borough of Wildwood Crest has satisfactorily met the conditions prescribed and required by the aforementioned Section (2) of N.J.S.A. 40A:11-36, thus enabling a direct sale for the sum total of One ($1.00) Dollar to be authorized with the Cape May County Fire Academy for the vehicle described hereinabove, in that the Borough does contribute tax raised funds to the County of Cape May.

 

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

 

2.                That in accordance with the provisions of N.J.S.A. 40A:11-36, ownership of one (1) 1984 American LaFrance Pumper, VIN 1AFAE118XE1A18067, presently in the possession of the Wildwood Crest Volunteer Fire Company No. 1, be and the same is hereby authorized to be sold to the County of Cape May Fire Academy for the total sum of One ($1.00) Dollar.

 

3.                That the appropriate officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered, and directed to execute any and all required documents necessary to conclude the sale of the aforesaid 1984 American LaFrance Pumper, said execution to permit the physical transfer of the title to the vehicle as expeditiously as possible.

 

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. 739-12

 

Authorizing Execution of an Interlocal Agreement

by and between the Borough of Wildwood Crest and

the City of Wildwood for the

Construction of ADA Compliant Boardwalk Access

Ramp at Cresse Avenue

 

 

WHEREAS, the City of Wildwood is the recipient of a Department of Transportation grant for the construction of an ADA compliant boardwalk access ramp at Cresse Avenue; and

 

WHEREAS, the Borough of Wildwood Crest owns a portion of the land upon which the proposed access ramp is to be located; and

 

WHEREAS, the Borough of Wildwood Crest and the City of Wildwood will both benefit by the construction of the ADA compliant boardwalk access ramp, which ramp will also serve as a connector for the Wildwood Crest bike path to the City of Wildwood Boardwalk; and

 

WHEREAS, both the Borough of Wildwood Crest and the City of Wildwood are participating municipalities in an Urban Enterprise Zone from which additional funding is available for this project; and

 

WHEREAS, it is the desire of the Board of Commissioners, pursuant to the provisions of N.J.S.A. 40:8A-1, et. seq., to enter into said Interlocal Agreement with the City of Wildwood for funding of the ADA compliant boardwalk access ramp at Cresse Avenue ;

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, does hereby authorize the Mayor and Borough Clerk to execute said Interlocal Agreement with the City of Wildwood for the construction of an ADA compliant boardwalk access ramp at Cresse Avenue, and any other documents necessary in connection therewith.

 

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. 740-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of March 14, 2012.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, March 27, 2012, AT 11:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

EMERGENCY SEWER REPAIRS AS REQUIRED IN THE BOROUGH OF WILDWOOD CREST

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 741-12

 

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 MARK ROSZKOWSKI, 196 West Pittsburgh Avenue, Wildwood Crest, New Jersey, be, and he is hereby re-appointed as the private citizen representative of the Borough of Wildwood Crest to serve on the Urban Enterprise Zone Board of Directors, for a term of one (1) year commencing effective March 15, 2012, and terminating March 14, 2013.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 742-12

 

WHEREAS, on January 17, 2012, the OCEAN DRIVE RUN CLUB, INC., PO Box 1245, Southeastern, PA 19399 applied for a Special Events Permit for the purpose of a FOOT RACE to be held on March 25, 2012 from 9:00 a.m. to 11:10 a.m. on Pacific Ave. from Jefferson Ave. to Rambler Rd., east to Ocean Ave., to Palm Rd. onto Bike Path to Cresse Ave.; and,

 

WHEREAS, the OCEAN DRIVE RUN CLUB, 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

 

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 the OCEAN DRIVE RUN CLUB, INC., PO Box 1245, Southeastern, PA 19399 for the purpose of a FOOT RACE to be held on March 25, 2012 from 9:00 a.m. to 11:10 a.m. on Pacific Ave. from Jefferson Ave. to Rambler Rd., east to Ocean Ave., to Palm Rd. onto Bike Path to Cresse Ave.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 743-12

 

WHEREAS, on February 28, 2012, the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION, 121 W. Forget-Me-Not Rd, Wildwood Crest, NJ 08260 applied for a Special Events Permit for the purpose of a walkathon to be held on March 31, 2012 from 9:00 a.m. to 12:00 p.m. at Centennial Park along the bike path to the Little League Field at Cardinal Rd & Atlantic Ave. and returning on Aster Rd to Bike Path and back to Centennial Park.; and

 

WHEREAS, the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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 the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION, 121 W. Forget-Me-Not Rd, Wildwood Crest, NJ 08260 for the purpose of a walkathon to be held on March 31, 2012 from 9:00 a.m. to 12:00 p.m. at Centennial Park along the bike path to the Little League Field at Cardinal Rd & Atlantic Ave. and returning on Aster Rd to Bike Path and back to Centennial Park.

 

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. 744-12

 

WHEREAS, on February 29, 2012 , JOHN McMAHON and SHARON WRIGHT , 905 Union St. Westfield , NJ 07090 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on July 1, 2012 ,  from 11:00 a.m. to 12:00 p.m. at the Sunset Lake Gazebo ; and

                                                                                                                                               

WHEREAS,  JOHN McMAHON and SHARON WRIGHT, 905 Union St. Westfield, NJ 07090 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  JOHN McMAHON and SHARON WRIGHT, 905 Union St. Westfield, NJ 07090 for the purpose of a WEDDING to be held on  July 1, 2012, from 11:00 a.m. to 12:00 p.m. at the Sunset Lake Gazebo.

 

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. 745-12

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that, based upon review of proposals submitted and recommendation received from Commissioner Don Cabrera, the Mayor and Borough Clerk be and they are hereby authorized, empowered, and directed to enter into an agreement with HOUSE OF PRINT, 1288 Hornet Road, Building 96, Unit 4, Rio Grande, NJ 08242, in an amount not to exceed One Thousand Four Hundred Forty ($1,440.00) Dollars for the purpose of development of a logo for the Borough of Wildwood Crest.

 

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 pages, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that a request had been received by Commissioner Gould for the placement of a temporary wireless tower in the Borough of Wildwood Crest, and that request was distributed to the entire governing body. He went on to state that if the request is to be considered on private property, a variance will be required. If it is to be considered for placement on public property, the requirement is to have an authorization ultimately from the Board of Commissioners.

 

The Superintendent of Public Works stated that he has seen the units and they are basically a trailer with a tower on it.

 

Mrs. Gould inquired as to the fees involved. The Clerk responded that it was his understanding that it would be in the vicinity of $3,000 to be paid per month to the Borough.

 

The Clerk added that, as would be the case if authorization was being sought for private property through a variance, the affected members of the public should to be permitted to voice their concerns, ask questions, etc. prior to the governing body providing any final authorization.

 

Mr. Groon suggested returning the request to the Planning or Zoning Board for their consideration and recommendation to the governing body. The Clerk interjected that he was concerned about any impact on the neighborhood. Mr. Cabrera concurred. He added that he could not envision any place in the Borough with a forty foot tower that would not receive complaints. Mr. Groon concurred. Mrs. Gould also concurred, but added that the taxpayers are asking for relief and this would be an added source of revenue. She agreed with Mr. Groon to return the matter to the Planning or Zoning Boards for their review.

 

The next matter for discussion was the concession rentals: beach pier and Nesbitt Center for permitted uses. The Clerk stated that a discussion will be required between the Solicitor, the Engineer, and himself in order to move the matter forward.

 

With regard to the Rambler Road Park Name, the Clerk reported that the Assistant Recreation Supervisor had reported to each of the members of the governing body a list of suggested names as received from the public. Mr. Cabrera indicated that he had reviewed the list and there are some good names contained on the list. However, it was his opinion that the name of the park needs to include the “ Rambler Road ” name and/or speak to the purpose of the park. Mrs. Gould agreed that the “ Rambler Road ” name should be included. The Commissioners agreed that they would give further consideration to the matter for discussion at the next meeting.

 

The Clerk inquired if there had been any Library Committee action since the meeting of February 22, 2012. The Assistant Recreation Supervisor responded that the Committee met the prior week at the site of the new library and toured the building. The County Library representative had indicated that the County had received fifteen bids from architects for renovations to the building, and those bids are due to be opened on March 14, 2012. He went on to state that the possibility of the addition of a second floor has been well received by everyone on the Committee. However, the architects have indicated that a full second floor would not be possible, but a partial second floor could be included. Interest has also been expressed for having a room that would hold approximately 100 people for movies, meetings, etc., as well as a request for more kitchen space. Additionally, there will be an increase in the number of public computers available to approximately 15. He reported that a meeting is scheduled for March 22, 2012 for review of the architectural plans received on March 14, 2012.

 

Concerning the NJEIT Funding Report, the Clerk reported that the Engineer had provided his report to the governing body. He added that the CFO had some potential issues or concerns with when the money borrowed for the project would actually become effective in the event notice has to be provided in October of this year, as the CFO is concerned about any adverse affect to the Borough’s bond indebtedness. The CFO stated that he had an e-mail in to NJEIT requesting information as to when the first bond payment would become due, as well as an estimated amortization schedule so the Borough will know the exact amounts going forward.

 

The Clerk indicated that he had received no response regarding the proposed Memorial Bench Policy Ordinance. He added that he had been advised by Commissioner Cabrera that revisions would be required, and requested that the information be provided to him in order that the ordinance may be moved forward. Mr. Cabrera stated that the information will be provided prior to the meeting of March 21, 2012.

 

Lance Haber, 9207 Bayview Drive , asked that Borough administrative personnel to investigate whether the Borough would save money by purchasing the land behind the Borough garage. He indicated that he was aware that the Commissioners have talked about the possibility. He stated that if that property should be developed, the taxpayers of the Borough of Wildwood Crest will be burdened with providing an improvement for Lower Township . It was his understanding that the improvements required would cost the taxpayers of Wildwood Crest approximately $175,000, plus additional costs for maintaining the improvements. Additionally, Lower Township will received the tax ratable for any development on the property. He asked that the Borough investigate whether it would be possible to partner with a non-profit to purchase the property. He provided his analysis of the cost, indicating that he believed the Borough could save the taxpayers approximately $24,000, plus the cost of the improvements. Mr. Cabrera stated that he was not familiar with a “partnership” with a non-profit and asked who would actually provide the funds for the purchase. Mr. Haber responded that a portion of the funds would come from Wildwood Crest, but it would be less than what would be required to install sewers and roads. The other portion would come from the Green Acres Program. Mr. Cabrera inquired as to who would own the lot under such a scenario. Mr. Haber responded that the non-profit would own the property. The Clerk stated that the land is not situated in the Borough of Wildwood Crest; the land is not zoned for the use to which Mr. Haber refers; it is not dedicated for open space as well as it is privately owned. Therefore, any pursuit by the Borough of Wildwood Crest would have to be contingent upon authorizations from Lower Township as to potential changes. Additionally, he stated that he did not know if the Borough of Wildwood Crest has the authority to pursue that type of venture in another municipality. Mr. Haber reiterated his request that the Borough conduct “due diligence” into the matter to determine if his suggestion is feasible. The Solicitor interjected that she could foresee a problem with the suggestion, that being, the Borough could never obtain a definitive answer because the Borough does not have jurisdiction to appear before any Board of Lower Township to seek a zone change. Mr. Haber responded that the non-profit would have to do that. The Clerk added that this governing body has done more for the preservation of open space in Wildwood Crest than any governing body in many years. He pointed out Centennial Park , Rosemary Road Park improvements, and Rambler Road Park .

 

Bob Kole, Morning Glory Road , stated that he is very concerned about the health of the ocean. He asked that the beach regulations for dog droppings be enforced to prevent elevated bacteria counts. He also asked that the dunes be cleaned of the trash. Mr. Kole then requested permission from the governing body to transplant vegetation in the dunes.  The Mayor advised that those authorizations have to come from the Environmental Commission.

 

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

RESOLUTION NO. 746-12

 

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 one (1) (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 March 7, 2012 at 9:30 A.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 _________________________________________

 

 

________            “(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 ________________________

 

 

________            “(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 ____________________________________________________

 

 

___1____            “(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 encroachment of private property owners into the Borough-owned beach/bayfront street-ends

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:        March 21, 2012

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX