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Minutes of Commissioners Meeting   -   August 8, 2012

Note:  Complete Meeting Appears on CD #21-12 & 22-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office August 8, 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.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1147

BOND ORDINANCE APPROPRIATING $614,000 AND

AUTHORIZING THE ISSUANCE OF $583,300 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 Ordinance No. 1147 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 29, 2012 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1148

AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY THE BOROUGH OF WILDWOOD CREST FROM THE BOARD OF EDUCATION OF WILDWOOD CREST

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1148 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, August 29, 2012 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 839-12

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts, and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2011 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

 

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

and

 

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

as evidenced by the group affidavit form of the governing body; and

 

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five (45) days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and

 

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

R.S. 52:27BB-52 – “A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand ($1,000.00) dollars or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby states that it has complied with the promulgations of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to demonstrate evidence of said compliance.

 

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. 840-12

 

AUTHORIZING TRIAD ASSOCIATES TO SUBMIT A JOINT APPLICATION FOR THE BOROUGH OF WILDWOOD CREST, THE CITY OF NORTH WILDWOOD, THE CITY OF WILDWOOD, FOR NJDCA SMALL CITIES HOUSING REHABILITATION FY2013

 

WHEREAS, the governing body of the Borough of Wildwood Crest desires to further the public interests by authorizing the submission of an application to submit a joint application for the Borough of Wildwood Crest, the City of North Wildwood and the City of Wildwood for NJDCA Small Cities Housing Rehabilitation Program FY 2013; and

 

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 the appropriate Borough Official be and is hereby authorized as follows:

 

1.     To authorize the execution of an Interlocal services agreement with the Cities of North Wildwood and Wildwood to make joint application to the Office of Smart Growth, Department of Community Affairs for NJDCA Small Cities Housing Rehabilitation Program FY 2013.

 

         2. To execute a Contract for Services with TRIAD Associates for the administration of this joint project, the total cost to be $5,400.00 as fully defined in the attached agreement which is made a part hereof by reference as if fully set forth, and the share of the Borough of Wildwood Crest to be one-third (1/3) of that total, not to exceed $1,800.00, the specific breakdown of shared costs to be based upon current Federal Census population statistics.

 

         3. The City of North Wildwood will be designated the lead agency for the purposes of this application.

 

         4. To authorize the Mayor and Borough Clerk to sign and attest the Cooperation Agreement and any other documents appertaining thereto.

 

         5. A certified copy of this Resolution will be forwarded to the City of North Wildwood,   and he City of Wildwood, and the Office of Smart Growth, Department of Community Affairs as part of the Grant Application.

 

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. 841-12

 

CHANGE ORDER #1

RAMBLER ROAD PARK, PHASE 1

BUILDING IMPROVEMENTS

 

WHEREAS, The Borough of Wildwood Crest was desirous of completing various exterior and ADA compliant building access improvements at the Nesbitt Center; and

 

WHEREAS, MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, the contractor performing the Rambler Road Park, Phase 1 Building Improvements Project agreed to complete the necessary work for the price as shown on Change Order #1 increasing the contract amount by $47,355.00, resulting in a new contract amount of $591,355.00; and

 

WHEREAS, Ralph Petrella Jr., the Borough Engineer recommends approval of said change order.

 

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that said Change Order #1, increasing the contract amount by $47,355.00 to $591,355.00 be and the same is hereby approved.

 

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. 842-12

 

CHANGE ORDER #1

RAMBLER ROAD PARK, PHASE 2

SITE IMPROVEMENTS

 

 

WHEREAS, The Borough of Wildwood Crest was desirous of constructing a new playground and providing ADA compliant access to said playground; and

 

WHEREAS, MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, the contractor performing the Rambler Road Park, Phase 2 Site Improvements Project agreed to complete the necessary work for the price as shown on Change Order #1 increasing the contract amount by $52,226.00, resulting in a new contract amount of $858,276.00; and

 

WHEREAS, Ralph Petrella Jr., the Borough Engineer recommends approval of said change order.

 

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that said Change Order #1, increasing the contract amount by $52,226.00 to $858,276.00 be and the same is hereby approved.

 

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. 843-12

 

WHEREAS, on July 25, 2012 , ROBIN BARNES and FILIPPO EBBITT , 1315 Greensburg Pike , E. McKeesport, PA 15035 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 15, 2012 ,  from 5:30 p.m. to 6:00 p.m., on the Lavender Rd. beach ; and

                                                                                                                                               

WHEREAS,  ROBIN BARNES and FILIPPO EBBITT, 1315 Greensburg Pike, E. McKeesport, PA 15035 have 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  ROBIN BARNES and FILIPPO EBBITT , 1315 Greensburg Pike, E. McKeesport, PA 15035 for the purpose of a WEDDING to be held on August 15, 2012 , from 5:30 p.m. to 6:00 p.m., on the Lavender Rd. beach.

 

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. 844-12

 

WHEREAS, on July 25, 2012 , CARING FOR KIDS , Austin Neri, Race Chairman , 205 E. Farragut Rd., Wildwood Crest, NJ  08260 , applied for a Special Events Permit for the purpose of "THE PAPERBOY RUN"   to be held on August 25, 2012 ,  from 7:00 a.m. to 9:30 a.m., on the beach from Heather Rd. to Washington Ave. ; and

                                                                                                                                               

WHEREAS,  ROBIN BARNES and FILIPPO EBBITT, 1315 Greensburg Pike, E. McKeesport, PA 15035 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  ROBIN BARNES and FILIPPO EBBITT , 1315 Greensburg Pike, E. McKeesport, PA 15035 for the purpose of a WEDDING to be held on August 15, 2012, from 5:30 p.m. to 6:00 p.m., on the Lavender Rd. beach

 

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. 845-12

 

WHEREAS, on January 24, 2012 ,  CGI RACING, LARRY REDROW, V.P , 816 N. Delsea Dr., Suite 248 , Glassboro , NJ 08028 applied for a Special Events Permit for the purpose of the WILD HALF MARATHON and 8K RACE to be held on August 26 , 2012 from 7:00 a.m. to 1:00 p.m. on Ocean Ave. from Cresse Ave. to Centennial Park, and the Bike Path from Centennial Park to Cresse Ave .; and

 

WHEREAS, CGI RACING 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 CGI RACING , LARRY REDROW, V.P. , 816 N. Delsea Dr., Suite 248, Glassboro, NJ 08028 for the purpose of a HALF MARATHON & 8K RACE to be held on August 26, 2012 from 7:00 a.m. to 1:00 p.m. on Ocean Ave. from Cresse Ave. to Centennial Park, and the Bike Path from Centennial Park to Cresse Ave .

 

Prior to motion and vote, Mrs. Gould inquired if this is the same race that was cancelled in 2011 due to Hurricane Irene. She was advised that it was. Mr. Groon inquired as to the date of the race. He was advised that it would be August 26, 2012 from 7:00 a.m. to 1:00 p.m. There was discussion regarding the use of the Cresse Avenue boardwalk/bike path connector due to its ongoing construction. The Assistant Recreation Supervisor was advised to contact the City of Wildwood to ascertain the exact route and to advise the Administrator and Chief of Police. The Chief of Police stated that the issues had already been addressed.

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. 846-12

 

WHEREAS, the WILDWOOD CREST VOLUNTEER FIRE CO. #1 made application on July 20, 2012 for a Raffles License under Application No. RA-98; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to issue a Certificate of Approval under Application No. RA-98 to WILDWOOD CREST VOLUNTEER FIRE CO. #1 for holding of said Raffle;

 

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, as follows:

 

         1.  That the Board issue to the WILDWOOD CREST VOLUNTEER FIRE CO. #1 a Certificate of Findings and Determination to be signed by the proper officer of said Board of Commissioners under Application No. RA-98 made by said WILDWOOD CREST VOLUNTEER FIRE CO. #1; and

 

         2. That the Deputy Municipal Clerk of the Borough of Wildwood Crest be, and she is hereby authorized, empowered and directed to cause the proper Raffle License to be issued to the WILDWOOD CREST VOLUNTEER FIRE CO. #1 in accordance with the application made therefor.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 847-12

 

WHEREAS, RICHARD and JOANN DURANTE, 6 Charles Court, Easton, PA 18045, paid Three Hundred Ninety ($390.00) Dollars to the Borough of Wildwood Crest for the 2012 mercantile license on rental property located at 210 East Syracuse Avenue; and

 

WHEREAS, Mr. and Mrs. Durante have sold the rental property located at 210 East Syracuse Avenue, with closing scheduled for August 17, 2012, without having rented the property for the 2012 summer season; and

 

WHEREAS, RICHARD and JOANN DURANTE have requested a refund of the Three Hundred Ninety ($390.00) Dollars paid for the 2012 Mercantile License;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to issue a refund in the amount of Three Hundred Ninety ($390.00) Dollars to RICHARD and JOANN DURANTE, 6 Charles Court, Easton, PA 18045.

 

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. 848-12

 

WHEREAS, ROBERT and MILDRED FERRI, 25 Pine Lake Terrace, River Vale, NJ 07675, did pay Thirty Five ($35.00) Dollars on April 12, 2012 for Fire Registration No. 1421, for premises located at 309 East St. Louis Avenue, Wildwood Crest, New Jersey; and

 

WHEREAS, Robert and Mildred Ferri have certified that the property located at 309 East St. Louis Avenue is not a rental property; and

 

WHEREAS, Robert and Mildred Ferri have requested a refund of the overpayment in the amount of Thirty Five ($35.00) Dollars;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and he is hereby authorized and directed to issue a refund in the amount of Thirty Five ($35.00) Dollars to Robert and Mildred Ferri, 25 Pine Lake Terrace, River Vale, New Jersey 07675.

 

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, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Present for an appointment with the Board of Commissioners were Paul Miola, Executive Director of the Atlantic County Municipal Joint Insurance Fund, and Joe Meola of the J. Byrne Agency, the Borough’s Risk Management Consultant. The Clerk advised that the purpose of the presentation was to re-familiarize the governing body with the Joint Insurance Fund, since the Borough was in the midst of a renewal application process for a three year renewal to commence January 1, 2013.

 

Paul Miola reported that the Joint Insurance Fund was in its 25th year and executives of the Fund wanted to make a special effort to visit all of the members of the fund. He thanked the Borough for its continued membership in the JIF. Mr. Miola outlined the various aspects of the JIF, indicating that although the JIF is not an insurance company, it is highly regulated by the New Jersey Department of Banking and Insurance as well as the New Jersey Department of Community Affairs. He added that the member municipalities control the running of the Fund, in conjunction with the Fund professionals. Mr. Miola highlighted the various programs of the JIF.

 

The Clerk indicated that the assessment allocation for the renewal had not been established. Mr. Miola concurred. The Clerk next advised that one of the principal factors that will weigh in that regard was the Borough’s six year loss ratio, which was “outstanding” at 76.3%. The average in the JIF was 97.4%. He commended the Borough’s department heads for their efforts in job safety within the Borough and getting that message out to the entire workforce.

 

The Clerk stated that the matter of the renewal will be on the agenda of August 29, 2012.

 

The next matter for discussion was the Borough logo. Carl Suit appeared before the governing body to present the revised logo design. After discussion of the various aspects of the design, it was determined that the final decision would be held in abeyance pending further review of the most recent revision.

 

Mrs. Gould reported that funds had been raised by the Centennial Committee and she requested approval from Mr. Groon and Mr. Cabrera to utilize those funds to construct a light tower at Centennial Park. It was stated that the location of the light tower will be on the left side as you enter the park. Mr. Groon and Mr. Cabrera both approved her request. Mr. Groon reported that the Engineer had made a suggestion to install bollards with lights on the bikepath to provide additional lighting.

 

Jeffrey Barnes, Esquire, appeared on behalf of Mike and Joy DiAntonio with regard to property located at 6310 Park Boulevard. He stated that the property has a floating and structure dock at the rear of the property which was constructed almost thirty years ago. He went on to state that during that time the Borough has never made any claims as to the dock being an encroachment on the Borough’s riparian grant. A recent assessment by the New Jersey Department of Environmental Protection had revealed that a part of the dock does encroach into the Borough’s riparian grant. The DiAntonio’s have been in negotiations with the NJDEP and have reconfigured that dock in such a manner as to remove all but two feet of the encroachment. Mr. Barnes, on behalf of Mr. and Mrs. DiAntonio, was asking the governing body for relief from the encroachment. He added that the NJDEP had provided a timeline of August 15, 2012 for the DiAntonio’s to become compliant. He requested a meeting with Borough representatives in order to attempt to resolve the matter. He was advised that the Borough would contact Mr. Barnes to arrange the meeting. Mr. DiAntonio added that the plan earlier presented to the governing body was not the plan that had been approved by the NJDEP and he provided a copy of that plan for  review by the Commissioners.

 

Concerning Borough building renovations, the Clerk reported that he had supplied copies of the suggested renovations, with cost estimates, to the governing body. Mr. Groon stated that it was his understanding that one capital improvement need may need to be funded, which was whether or not to add Crocus to the next potential job on Lake Road. He added that it was estimated to add approximately $200,000 to the capital for 2013. He inquired of the Engineer whether it would have to be stated as part of the project in the grant application. The Engineer responded that as a minimum he would like to include it in the application and show it in the cost estimate as an add alternate. That would make the scope and limits eligible. Mr. Groon inquired if it would permit the governing body to make a decision to proceed at a later date. The Engineer responded in the affirmative. Mr. Cabrera and Mrs. Gould both agreed to the plan.

 

The Engineer stressed to the governing body that the New Jersey Avenue project application deadline is October 1, 2012, which will take several weeks to put together since it is very detailed. Mr. Groon stated that he was of the understanding that the project was going forward. He inquired of Mr. Cabrera whether he wished to review the project again. Mr. Cabrera responded that he received some financial reports from the CFO and with plans, and he wanted to have a meeting with the Engineer to review the project. He added that he was aware of some projects scheduled for 2012 that were going to be delayed and the funding for those projects was still available. He also indicated he wanted to review other infrastructure and capital projects for 2013 in conjunction with the New Jersey Avenue project. Mr. Groon asked of the Engineer whether a final determination would have to be made by the August 29, 2012 Commission meeting. The Engineer responded in the affirmative. Mr. Groon added that the Pacific Avenue resurfacing project was an alternate to the New Jersey Avenue project. It was determined that a final decision would be made at the August 29, 2012 meeting. The Engineer stated that a determination as to Pacific Avenue will also have to be made at that time. Mr. Cabrera stated that a review of the 2013 Capital Plan would have to be started. Mr. Groon responded that it was his understanding that 2013 was going to be pay-as-you-go with no capital. The Clerk interjected, given the current level of debt service, that there would be no bond ordinances in 2013 other than funding for New Jersey Avenue and that the entire governing body was on-board with this position.

 

The next matter for discussion was the request from GWTIDA for support for state funding/taxes collected to be returned to GWTIDA. The Clerk inquired if a decision had been made by the governing body. Mr. Groon responded that he had had a discussion with a GWTIDA representative who asked that the governing body review the matter and provide GWTIDA with any questions. He added that GWTIDA was trying to obtain more funding and it was their opinion that state funding would be their best opportunity. Mr. Groon suggested that the governing body give their individual comments to the Clerk/Administrator with an eye toward making a determination at the August 29, 2012 meeting. Mr. Cabrera stated that he was not opposed to the resolution; however, he had a broader problem with funds going to GWTIDA and Wildwood Crest continuing to receive less funding. Mr. Groon agreed that there was a “bigger picture” to be addressed. The Solicitor added that she also had issues with the resolution.

 

With regard to the beach maintenance plan, Mr. Groon suggested that the beach plan was in need of review with regard to what will be done during the winter of 2013. He suggested that the Engineer be involved, and a review of the current condition of the beach be made in conjunction with the winter 2013 maintenance plans. Mrs. Gould concurred. Mr. Cabrera asked if this would be in addition to what had been done by the environmental engineers previously. Mr. Groon responded that all should be involved. The Engineer indicated that a presentation could be made at the August 29, 2012 Commission meeting.

 

Mr. Groon inquired if the Clerk/Administrator had received any information with regard to the County Library renovation. He responded that he had not but would again reach out to the County library Administrator for a project update.

 

There being no further matters for discussion, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 849-12

 

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 four (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 August 8, 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____            “(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 acquisition of real property (Ranalli land in Lower Township)

 

___1____            “(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 Cresse Avenue beach access

 

___2____            “(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 UEZ participation and “Ferrara v. Wildwood, et al” and bayfront encroachments

 

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:        August 29, 2012

Kevin M. Yecco, Borough Clerk 

MINUTES OF MEETINGS INDEX