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Minutes of Commissioners Meeting   -   March 21, 2012

Note:  Complete Meeting Appears on CD #7-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office March 21, 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. Cabrera, that Ordinance No. 1142 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. 1142

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2011 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1142

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1142 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1142 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 729-12

SUBJECT:  LOCAL BUDGET OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY , NEW JERSEY , FOR THE FISCAL YEAR 2012

 

BE IT RESOLVED that the following statements of revenue and appropriations shall constitute the local budget for the year 2012.

 

BE IT FURTHER RESOLVED that said budget be published in The Cape May County Herald issue of February 29, 2012.

 

NOTICE is hereby given that the budget and tax resolution was adopted by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May , New Jersey on February 22, 2012.

 

A hearing on the budget and tax resolution will be held in the Municipal Court Room in Borough Hall on Wednesday, MARCH 21, 2012 AT 7:00 P.M., Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, at which time and place objections to said budget and tax resolution for the year 2012 may be presented by taxpayers and other interested persons.

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 747-12

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 2012 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 BY TITLE ONLY:

RESOLUTION NO. 748-12

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.

Vote:          Gould-Cabrera-Groon-Yes

 

Robert Young, 207 Louisville Avenue , commented that the amount to be raised by taxes was $378,000 and that miscellaneous revenues were down $550,000. He inquired if the UEZ revenues and Domestic Violence grant funding were final or would they be funded at a later time. Mr. Groon responded that the Domestic Violence funds were eliminated for one year and it has been reinstated for 2012. Mr. Young inquired as to which park was being designated “ Baker Park .” Mr. Cabrera responded that it is on Washington Avenue . Mr. Young inquired as to the purpose of the $300,000 designated for that park. Mr. Cabrera responded that it is for the tennis courts that need to be resurfaced. He added that a storm water sewer line that runs beneath the courts was starting to collapse, causing damage to the courts. The sewer line has been repaired. Mr. Young then inquired about the $150,000 for playground equipment. Mr. Cabrera responded that that equipment will be placed at the Rambler Road Park . Mr. Young then commented on an article that had appeared in the local newspaper, indicating that as a whole Wildwood Crest, in comparison to the other 15 cape may county municipalities, had done well with the exception of public works. Mr. Groon stated that he had seen the article and the other municipalities had a separate line item for “trash” and that cost was included in the public works number for Wildwood Crest. Mr. Young then commented on debt service, stating that the total debt service is $28,630,717, with principal being $22,254,122 and interest of $6,376,195. He stated that it was his opinion that the debt service must be brought under control. Mr. Groon responded that about five years ago the Borough was averaging debt of around $17 million to $18 million. Within a year of the present administration taking office, they were advised that Seaview Avenue was in dire need of reconstruction. The cost for that reconstruction was $10 million. In addition to that $10 million for Seaview Avenue , there were another six connections from Seaview Avenue to the bulkhead, a total of twelve blocks, that needed reconstruction. He went on to state that in the past four or five years, the administration had adopted a policy of trying to maintain the debt consistently. He added that there have been many maintenance issues that have arisen as well that had to be addressed. The Mayor stated that this governing body has adopted a policy of paying off debt very quickly. Mr. Groon added that in the next three years, New Jersey Avenue will have to be addressed. That project is being planned, hopefully, without an increase in taxes because of other debt being paid off in the very near future. Mr. Young asked as to which streets were county roads. Mr. Groon responded that New Jersey from Cresse to Rambler, and then over to Pacific Avenue south . The Borough owns New Jersey Avenue from Rambler Road south .

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on the 2012 Municipal Budget be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 749-12

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 $13,705,331.15 for municipal purposes.

 

BE IT FURTHER RESOLVED that the summary of revenues for inclusion in the 2012 MUNICIPAL BUDGET be and the same are as follows:

              

               GENERAL REVENUES

               Surplus Anticipated                                                                      $    1,400,000.00

               Miscellaneous Revenues Anticipated                                              5,316,048.32

               Receipts from Delinquent Taxes                                                          438,000.00

               AMOUNT TO BE RAISED BY TAXATION FOR

               MUNICIPAL PURPOSES                                                                 13,705,331.15

                                                            TOTAL REVENUES                     $ 20,859,379.47

 

BE IT FURTHER RESOLVED that the summary of appropriations for inclusion in the 2012 MUNICIPAL BUDGET be and the same are as follows:

 

               GENERAL APPROPRIATIONS

               Within “CAPS”

               (a&b)  Operations including Contingent     $                            11,567,796.00

(e)       Deferred Charges and Statutory      

                          Expenditure – Municipal                                                        1,226,561.00

               Excluded from “CAPS”

                              (a)       Operations - Total Operations

                                         Excluded from “CAPS”                                            3,442,249.62

                              (c)       Capital Improvements                                                470,000.00

                              (d)       Municipal Debt Service                                          3,328,067.00

                              (e)       Deferred Charges – Municipal                                    66,295.92

                              (m)      Reserved for Uncollected Taxes                               758,409.93

 

                                                            TOTAL APPROPRIATIONS           $  20,859,379.47

 

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. 750-12

Authorizing Mayor and Borough Clerk to Execute a

Memorandum of Understanding Relative to Revenue

Generated by Increased Tourism Development Fees

 

WHEREAS, the Greater Wildwoods Tourism Improvement and Development Authority (hereinafter “GWTIDA”), the Borough of Wildwood Crest (hereinafter “Wildwood Crest”), the City of North Wildwood (hereinafter “North Wildwood”), and the City of Wildwood (hereinafter “Wildwood”) have agreed that there shall be an increase in Tourism Development Fees (hereinafter “TDF”) and that Wildwood Crest, North Wildwood and Wildwood have adopted or are about to adopt Ordinances increasing the TDFs in each of their respective Municipalities; and

 

WHEREAS, GWTIDA has agreed that the increase in the TDFs revenue shall be utilized to promote tourism and economic development in accordance with and for the purposes enumerated in the statutory authority pertaining thereto; and

 

WHEREAS, Wildwood Crest, North Wildwood and Wildwood also have agreed upon an allocation of revenues generated by the increased TDFs and have reduced their agreement in that regard to a Memorandum of Understanding, the form of which is annexed hereto as Exhibit “A;” and

 

WHEREAS, the Board of Commissioners deem it to be in the best interests of the Borough of Wildwood Crest that the Mayor and Borough Clerk be authorized to execute the aforementioned Memorandum of Understanding;

 

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.            All of the statements of the preamble are incorporated herein by this reference thereto as though the same were set forth at length.

 

               2.            The Mayor and Borough Clerk be and they are hereby authorized and directed to execute the referenced Memorandum of Understanding on behalf of the Borough of Wildwood Crest.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 751-12

A RESOLUTION AUTHORIZING A ONE MONTH EXTENSION OF A LEASE AGREEMENT BETWEEN THE BOROUGH OF WILDWOOD CREST AND ELENA SALMONS FOR STORE NO. 4, CREST PIER COMMUNITY CENTER

 

               WHEREAS, on October 19, 2011, the Borough of Wildwood Crest by Resolution No. 646-11, extended the lease term for Store No. 4 at the Crest Pier Community Center leased to Elena Salmons for a period of 90 days until March 31, 2012, with a monthly rental payment of $1,000.00 per month, and

               WHEREAS, a hardship situation has occurred in the relocation of the tenant (Elena Salmons) from the Crest Pier Store No. 4 out of which she operates a commercial beauty salon business and for which an additional one-month extension of the lease term has been requested by said tenant through her attorney, Andrew Cafiero, Esq.

      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 an extension of the lease term for a period not to exceed thirty (30) days (until April 30, 2012) is hereby authorized, with an additional month’s rental payment in the amount of  $1,000.00 to be paid by the tenant on or before March 31, 2012.

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 752-12

WHEREAS, Section 40-16, et. seq., of the Code of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, sets forth the pertinent law regarding the issuance of licenses to persons, firms or corporations desiring to engage in the peddling and soliciting of ice cream products within the Borough of Wildwood Crest; and

 

WHEREAS, certain Licenses, for which applications have been filed for the vending of Ice Cream Products during the calendar year 2012, are now available.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, the Governing Body of the Borough of Wildwood Crest, as follows:

 

That based upon applications having been received and a review of the qualifications of the applicants for said licenses having been made, said Licenses for the balance of calendar year 2012 be and the same are hereby granted unto the following six (6) persons, firms or corporations:

 

               NAME                                                                                                            ADDRESS

 

               1. Kathleen Healy                                                                         13 Wakefield Place

    d/b/a Yankee Doodle Ice Cream                                             North Cape May, NJ 08204

 

2.     William Gerald Kelly Jr.                                                      20 Cedar Meadow Dr .

      d/b/a Corky’s Ice Cream                                                        Cape May Court House , NJ 08210

 

3.     Mark Anthony Macik                                                           1811 Glenbrook Avenue

      d/b/a Carousel Ice Cream                                                      Lancaster , PA 17603

 

4.     Kenneth Wayne McGaha                                                     105 East Richmond Avenue

      d/b/a Chilly Willy’s Ice Cream                                             Wildwood Crest , NJ 08260

      (Anmac LLC.)                                                                         

 

5.     Wayne Aubrey                                                                       85 New Freedom Road

d/b/a Monster Cone                                                                      Berlin , NJ 08009

(Veteran Preference)

 

6.     Giovanni Sanzone                                                                 5401 Atlantic Avenue

Michael Schultz                                                                            Wildwood Crest , NJ 08260

d/b/a Big Top Ice Cream LLC

 

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. 753-12

WHEREAS, on March 9, 2012 , MIDDLE TWP. ELEMENTARY SCHOOL #2 , 101 W. Pacific Ave. , Cape May Court House, NJ 08210 , applied for a Special Events Permit for the purpose of a BEACH DAY   to be held on June 6, 2012 , from 9:30 a.m. to 2:00 p.m., with a rain date of June 7, 2012, on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS, MIDDLE TWP. ELEMENTARY SCHOOL #2, 101 W. Pacific Ave., Cape May Court House, NJ 08210 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 MIDDLE TWP. ELEMENTARY SCHOOL #2, 101 W. Pacific Ave., Cape May Court House, NJ 08210 for the purpose of a BEACH DAY to be held on June 6, 2012 , from 9:30 a.m. to 2:00 p.m., with a rain date of June 7, 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

 

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

 

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 February 29, 2012 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that the minutes of meetings held February 22, 2012 and March 7, 2012, as well as the closed sessions held on both meeting dates be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was a request for a hardship street opening permit at 115 East Orchid Road for the purpose of installation of natural gas service. The Clerk indicated that he had provided the Engineer’s opinion letter to the governing body, which opinion letter recommended the approval of the permit. Mr. Cabrera and Mrs. Gould both agreed with the Engineer’s assessment. Mr. Groon disagreed. The Clerk clarified that there is an existing opening in the street for an emergency gas leak directly across the street, which prior opening would be utilized to run the gas service to 115 East Orchid. The Engineer stated that the purpose for a moratorium on the streets following reconstruction is because excavations ultimately deteriorate the roadway and decrease its useful life. However, emergencies are exempt from the moratorium. He added that the “harm is done” already. He stated that permitting the installation of the gas service to 115 East Orchid will not create any additional harm to the roadway. The Clerk clarified that the gas line would be installed through the same area of excavation that was utilized for the emergency repair. The Engineer answered in the affirmative. Mrs. Gould and Mr. Cabrera both recommended authorizing the waiver at the meeting of April 4, 2012.

 

With respect to the beach pier and the Nesbitt Center concessions, the Clerk indicated that he, the Engineer and the Solicitor had met yesterday to discuss the matter. The Solicitor reported that the governing body will have to make a determination as to what they wish to permit as to types of businesses. The Borough will then be in a position to put the concessions out to bid. She asked for consideration as to what types of uses will be permitted; whether any zoning approvals would be requested by the Borough or the vendor; and a cost factor. She clarified that the Borough had originally considered having any potential bidder do the renovations to the structure, but she indicated there are some issues that warrant further consideration such as Borough oversight of any renovations, etc. Mrs. Gould inquired if the Solicitor was referring to the beach pier. The response was in the affirmative. However, discussion was had to include the Nesbitt Center in the bid as well. In order to have the lease in place by the summer of 2013, the latest that the bids could be received would be July or August 2012. The Engineer added that in addition to the construction time, there will be a time frame for variances and permits as well. The Clerk interjected that the cost factor would be in the range of $850,000 to $900,000 for the renovations for both properties. He added that the law does not permit a lease term of more than ten years. The Solicitor added that there was discussion of the Borough doing the “shell” and the vendor completing the interior. Mrs. Gould stated that the beach pier building must remain in the present footprint, and inquired as to what would be removed. The Engineer responded that everything down to the deck would be removed. The Solicitor interjected that there is asbestos removal involved which will add to the cost. Mr. Cabrera stated that he would like to have a meeting to further discuss the matter to determine all of the issues, details and options. It was decided to hold the matter over for future discussion.

 

The Clerk inquired if there had been any movement with respect to the Rambler Road Park name. Mr. Cabrera stated that he understood that the sense of urgency was coming from recreation and tourism in order to identify the park in their literature. The Assistant Recreation Supervisor concurred with Mr. Cabrera, but added that the tourism brochure is already at the printer and will be finalized the first Monday in April. Mr. Cabrera asked if everyone could agree that the name “Rambler” should be contained in the name of the park. Mrs. Gould concurred. It was decided that the matter would be held for future discussion.

 

There were no developments to report with regard to the County Library renovations. The Assistant Recreation Supervisor reported that a meeting was scheduled for March 22, 2012 for the purpose of reviewing the architectural plans.

 

Concerning the NJEIT funding report, the Clerk indicated that the CFO and the Engineer had been involved in correspondence in that regard. The Engineer reported that he was awaiting confirmation of interest breakdown.

 

The Clerk reported that the Borough’s representatives had met with the chosen vendor concerning the Borough logo design and he will be providing some samples of designs. Those designs will be presented to the governing body at the meeting of April 4, 2012.

 

With regard to the memorial bench policy, the Clerk reported that an ordinance had been drafted and would be presented for introduction at the meeting of April 4, 2012. He asked that any comments be provided to him on or before March 28, 2012.

 

Harris Brandon, 122 East Syracuse Avenue , complimented the governing body on the “great job” they are doing. He did comment on the “garbage in the streets.” He stated that there is an ordinance that states that trash cannot be put out until 7:00 p.m. the night before pick up. That ordinance is not being enforced. He indicated that as a consequence trash is “flying all over town.” The Clerk stated that a press release could be issued. Mr. Cabrera suggested a combination of public works and public safety to try to get the issue under control. The Public Works Superintendent stated that his department encourages telephone calls with any issues or complaints. He added that the public works yard is open for trash disposal on Sundays. Mr. Groon suggested a meeting to determine the steps for enforcement.

 

John Quintano, 9300 Atlantic Avenue , inquired about water rates. He asked if there had been a recent increase in water rates or if an increase was contemplated. Mr. Groon responded that there had been an increase in water rates. He explained that because of the hurricane in August 2011 the Borough lost one week’s worth of revenue. The CFO stated that the sewer rate increased; that water rates are determined by the City of Wildwood . Mr. Quintano inquired if the Borough had any influence on water rates. The response was “no.” The Clerk stated that the Borough of Wildwood Crest are “rate payers” and the City of Wildwood has exclusive custody and responsibility for the water utility. Mr. Quintano then asked about the quality of the water. The Clerk responded that it is the responsibility of the City of Wildwood . Mr. Quintano asked about a significant increase in discoloration of the water. The Engineer responded that the Myrtle Road water tower is being rehabilitated and is constantly being flushed which will influence the quality of the water. The governing body asked the Clerk to contact the Wildwood Water Utility to determine the status of their work in Wildwood Crest.

 

Bill Laffey, 8002 New Jersey Avenue , commented on the continuing problems with the roadway on New Jersey Avenue . He inquired as to when the reconstruction project was scheduled to commence. Mr. Groon responded that the timeline will depend on some of the financing to be obtained through the State of New Jersey . It was his opinion that worst case scenario would be September 2014, and best case would be September 2013. The Clerk interjected that the project is in the long-term Capital Improvement Plan.

 

Mr. Quintano inquired if there is a plan for the reconstruction of the streets and sewer lines. The Clerk responded that the Engineer has a priority list. He added that the governing body has moved away from some of the east/west streets recently because of the impact of Seaview Avenue and now New Jersey Avenue .

 

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

RESOLUTION NO. 754-12

 

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 21, 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 _________________________________________

 

________            “(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 private encroachments into the Borough-owned beachfront and bayfront

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:        April 25, 2012

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX