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Minutes of Commissioners Meeting   -   September 12, 2012

Note:  Complete Meeting Appears on CD #25-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office September 12, 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 RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 862-12

 

WHEREAS, the Borough of Wildwood Crest (hereinafter “Borough”), as a contracting unit, may, without advertising for bid, purchase any materials, supplies or equipment from State Contract Vendors which have contracted with the State of New Jersey, Department of Treasury, Division of Purchase and Property, pursuant to the provisions of N.J.S.A. 40A:11-12; and

 

WHEREAS, the contracts awarded under a State Cooperative Purchasing contract that are in excess of the contracting unit’s bid threshold shall be made by resolution of the governing body; and

 

WHEREAS, the Borough wishes to evidence an Agreement with the attached referenced State Contract Vendor, which Agreement shall be subject to all the conditions applicable to the current State Contract.

 

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 this Resolution shall constitute an Agreement between the Borough and the attached referenced State Contract Vendor, subject to all conditions applicable to the current State Contract.

 

BE IT FURTHER RESOLVED, pursuant to the rules of the Local Finance Board of the State of New Jersey, that no amount of these contracts shall be chargeable until such time as materials, supplies or equipment are ordered and a certification of availability of funds is made by the Chief Financial Officer.

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2012 or upon expiration of a listed vendor’s State Contract (Attachment A), whichever event first occurs.

 

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. 863-12

 

WHEREAS, ROBERTA FEBY, 4103 Elbridge Street, Philadelphia, PA 19135 was transported on March 30, 2012 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, ROBERTA FEBY’s responsibility for said services was $119.11 and she had submitted a payment in the amount of $200.00 and submitted another payment in the amount of $119.11 to the Borough of Wildwood Crest for said services; and

 

WHEREAS, ROBERTA FEBY has now created an overpayment with the Borough of Wildwood Crest in the amount of $200.00 for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $200.00 to ROBERTA FEBY, 4103 Elbridge Street, Philadelphia, PA 19135 for said overpayment.

 

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. 864-12

 

WHEREAS, on September 4, 2012 , the GREATER WILDWOOD HOTEL MOTEL ASSOC. ,   1 S. Route 47 , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a BLOCK PARTY to be held on September 20, 2012 from 5:00 p.m. to 9:00 p.m. on Sweet-Briar Rd. between Ocean Ave. and Atlantic Ave. and Atlantic Ave. between Cardinal Rd. and Wisteria Rd., and a CAR CRUISE   to be held on September 21, 2012 ,  from 6:00 p.m. to 7:00 p.m., on Ocean Ave. from Cresse Ave. to Cardinal Rd. ; and

                                                                                                                                                     

WHEREAS,  the GREATER WILDWOOD HOTEL MOTEL ASSOC.,  1 S. Route 47, Wildwood, NJ 08260 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 GREATER WILDWOOD HOTEL MOTEL ASSOC. ,   1 S. Route 47, Wildwood, NJ 08260 for the purpose of a BLOCK PARTY to be held on September 20, 2012 from 5:00 p.m. to 9:00 p.m. on Sweet-Briar Rd. between Ocean Ave. and Atlantic Ave. and Atlantic Ave. between Cardinal Rd. and Wisteria Rd., and a CAR CRUISE to be held on September 21, 2012 , from 6:00 p.m. to 7:00 p.m., on Ocean Ave. from Cresse Ave. to Cardinal Rd.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 865-12

 

WHEREAS, on September 6, 2012 , the WILDWOOD BUGGY BASH, RICHARD MILLER , 366 Daisey Rd. , Clayton, DE 19938 , applied for a Special Events Permit for the purpose of a KITE BUGGY EVENT   to be held on the BEACH at ROSEMARY RD. and the full length of the WILDWOOD CREST BEACH ,  on October 25, 2012 through October 28, 2012 ; and

                                                                                                                                               

WHEREAS,  the GREATER WILDWOOD HOTEL MOTEL ASSOC.,   1 S. Route 47, Wildwood, NJ 08260 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 GREATER WILDWOOD HOTEL MOTEL ASSOC. ,   1 S. Route 47, Wildwood, NJ 08260 for the purpose of a BLOCK PARTY to be held on September 20, 2012 from 5:00 p.m. to 9:00 p.m. on Sweet-Briar Rd. between Ocean Ave. and Atlantic Ave. and Atlantic Ave. between Cardinal Rd. and Wisteria Rd., and a CAR CRUISE to be held on September 21, 2012 , from 6:00 p.m. to 7:00 p.m.,.

 

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. 866-12

 

WHEREAS, there exists the need for the “Professional Services” of a PROFESSIONAL PLANNER, to be retained by the Borough for the purpose of attendance at Planning and/or Zoning Board meetings for potential Master Plan revisions in conjunction with COAH requirements, as well as recommendations for amendment of the Borough’s Land Use Ordinance, and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, the total “not to exceed” contract amount commencing effective the date of execution of said contract through December 31, 2012 being $5,000; all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

         WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:1-11, et. seq.) requires that the Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

 

         WHEREAS, KENDRA LELIE, PP, AICP., of the firm of CLARKE, CATON, HINTZ, has completed and submitted a Business Entity Disclosure Certification which certifies that KENDRA LELIE of CLARKE, CATON, HINTZ, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing September 12, 2012 to any political committee or candidate through the term of this contract nor has she made any reportable contributions for the twelve month period immediately preceding this award.

 

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

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with KENDRA LELIE, PP, AICP., of the firm of CLARKE, CATON, HINTZ, who shall be compensated by voucher at the agreed upon hourly rate, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Professional Planner is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

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. 867-12

 

WHEREAS, LINDA FEARN, 3700 New Jersey Avenue Unit 1009, Wildwood, NJ 08260 was transported on December 12, 2011 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, LINDA FEARN’s responsibility for said services was $500.00 and payment had been made to the Borough of Wildwood Crest in the amount of $500.00; and

 

WHEREAS, LINDA FEARN had submitted another payment in the amount of $20.00, which has now created an overpayment with the Borough of Wildwood Crest in the amount of $20.00 for said services.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer be and is hereby authorized and directed to issue a refund of $20.00 to LINDA FEARN, 3700 New Jersey Avenue Unit 1009, Wildwood, NJ 08260 for said overpayment.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted and which appear in full on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The first matter for discussion was the “Adopt a Beach” program. Mr. Cabrera requested that the matter be placed on the agenda for discussion. The Clerk indicated that correspondence had been received dated August 30, 2012 from Sandra Huber, Executive Director, New Jersey Clean Communities Council. Mr. Cabrera stated that the program is a combination of the New Jersey Clean Communities Council’s “Adopt a Beach” program and the “Adopt a Highway” program administered by the New Jersey Department of Transportation. Under the program, the back beaches of Wildwood Crest would be under the supervision of a volunteer maintenance crew to assist the Borough in maintaining the back beaches. He added that it would not affect the Borough’s beach maintenance program. It would result in community pride and beach awareness. Mr. Cabrera went on to state that he had provided a draft of the program to the Clean Communities Council and had received positive feedback. He added that he anticipated having the program commence in 2013. Mrs. Gould inquired if the official logo was a crab crushing a can. Mr. Cabrera responded in the affirmative, adding that it was the state’s logo. Mr. Groon inquired if the Borough was covered for liability under this program. The Clerk responded that if it is a Borough sponsored program or event, the Borough would be covered as are its employees and volunteers. Mr. Groon then inquired if there would be specific periods of clean-up, such as pre-season and post-season, stating that for security reasons the Borough should know who and when the activities are being conducted. Mr Cabrera responded that there would be an application to Public Works with specific rules and regulations. He added that the details have not been finalized. Mrs. Gould inquired if the project would include the area from the dune line westerly to the bulkhead. Mr. Cabrera responded in the affirmative. Mrs. Gould inquired if the volunteers would have their names placed on plaques on the bulkhead. Mr. Cabrera responded that the Borough would budget some funds to place plaques. The Clerk inquired if the governing body was unanimous in having the program moved forward. All responded in the affirmative.

 

With regard to the 2013 Capital Improvements, the Clerk indicated that he had sent an e-mail to all department heads that time was of the essence in developing their requests, and that those requests should be signed off on by their respective Commissioner, and the department head should bring the request to the staff meeting of September 19, 2012. He indicated that their failure to do so may preclude any consideration for any capital improvements requests after that date, unless it involves an emergency or unforeseen circumstances. It was determined that discussion/ranking of items requested would be held after the specific requests were received from the department heads. Mr. Groon inquired of Mr. Cabrera whether he wished to discuss any outstanding issues from the 2012 Capital Improvement Plan. Mr. Cabrera responded that he had received the information from the Engineer the day before and had not had a chance to review it. He indicated that the plan was to “tweak” the 2012 Capital plan and attach it to the Washington Avenue public works renovations. Mr. Groon indicated that he would not be present for the September 26th meeting and that he did want to be a part of that discussion. He asked that the discussion be held for the October 10th meeting. All concurred.

 

Mr. Groon stated that the Borough’s “pay-as-you-go” budget was $350,000 and that he would like to improve on that. However, he indicated that the Borough could not anticipate at this time any improvement in those numbers until the budget is put in place. The CFO agreed.

 

With regard to the Borough’s continued participation in the UEZ, the Clerk reported that he had received an e-mail received by Mrs. Gould from the Solicitor which addressed costs to the Borough. He stated that the governing body’s agreement to move forward would be contingent upon the UEZ meeting as an executive board and deciding their existence retroactive to July 1, 2012 through June 30, 2013. He cautioned as to any commitments for specific “fringe benefits” to be provided to employees of the UEZ. The Solicitor stated that the UEZ board was contemplating an “existence” through December 31, 2012. Mr. Groon stated that it was his understanding that the UEZ must meet and must set a budget for the period beginning July 1, 2012 through December 31, 2012. The Solicitor concurred. Mr. Groon continued to indicate that after a budget is established, the Borough would contribute based on that budget. The Clerk stated that Mr. Cabrera would be authorized to represent the Borough’s interests for total contributions toward total administrative costs of $450.19 from August 4, through September 14, 2012, and then ultimately $850.60 from September 15, through December 21, 2012 based upon established percentages, per municipality, for contributions. Mr. Groon stated that the issue is that the budget they are doing should include all costs to operate the UEZ for this period and not just these specific salary costs. The Clerk responded that it was his understanding that the Borough’s only ability to change that was to authorize Mr. Cabrera to represent the Borough’s interests as to what the Borough’s specific obligation would be. The UEZ would then move forward with whatever else they need to do, based upon total dollars contributed. Mr. Cabrera clarified that the budget to be produced by the UEZ would cover the period from July 1, 2012 through December 31, 2012, and that the Borough’s contribution would be 5% of the administrative budget. All concurred. Mr. Cabrera added that the 5% had already been planned for 2012 within the Borough’s budget.

 

Concerning the “Bulkheads, Docks and Piers” section of the Borough Code, the Clerk indicated that he had provided a second draft of the revision (amendment to Chapter 17 of the Code) for the review of the governing body. He added that input had been received from the Borough Engineer. He stated that his concern with the amendment was that it only deals with bulkheads, and there are other outdated sections of Chapter 17 that deal with docks and piers. Mr. Groon stated that this amendment was a good start, but it was his opinion that the rest of the chapter should be revised as well. However, he cautioned that the Borough was dealing with other issues, namely encroachments, that may also solve some of those problems long-term.

 

The Clerk reported that the Engineer had advised that many of the dumpsters that are picked up by the Sanitation Department are destroying newly constructed streets. The Clerk provided a draft of a revision to Chapter 37 of the Borough Code dealing with dumpsters which would obligate private property owners to have wheels and platforms beneath dumpsters to alleviate the damage to the streets. It was decided that Commissioner Cabrera, the Public Works Superintendent and the Borough Engineer would collaborate on a final product.

 

The Clerk reported that a meeting had been attended at the County with regard to the library, and indicated that the plans are still in the discussion stages. The County is willing to make changes to the plans based upon what the Borough feels are necessary changes. He added that an additional meeting was scheduled for September 25, 2012 to review the changes that were made as a result of the prior meeting. Mr. Groon added that a preliminary floor plan should be available for review by the governing body at the first meeting in October.

 

Mrs. Gould reported that she and the Assistant Recreation Supervisor attended a meeting at the County regarding “Way Finding” for signage. She indicated that the County Engineer requested a list of the five top things each municipality considers their best tourism attractions no later than September 21, 2012. The Assistant Recreation Supervisor reported that he had already provided a similar list to the County during the summer.

 

With regard to the Cresse Avenue bike path connector, Mr. Groon reported that the removal of the bollards to permit vehicular access will create safety problems. He indicated that the next location for access to the beach would be Heather Road. For winter access only, Heather Road would be a good location since it has good visibility in both directions, and Mr. Groon recommended that it be utilized only for Wildwood oversized municipal vehicles at specific times to be handled by the Wildwood Crest Police Department. That would require removing some bollards on Heather Road. Mr. Cabrera inquired if it would be for the winter only. Mr. Groon responded that he would recommend that it be through April. He added that discussions will be required with the City of Wildwood for a resolution to the matter for the summer season. Mr. Cabrera stated that it was agreed previously that Cresse Avenue was to remain strictly a pedestrian/bicycle area. He added that he did not see how Wildwood’s access to be beach (at Heather Road) becomes the problem of Wildwood Crest, especially since he had observed that the current traffic at Heather Road as being utilized by Wildwood has deposited sand on the bike path. Mr. Groon agreed, but stated that Cresse Avenue had been utilized for beach access by both communities for decades, and an improvement for both communities made that access a problem. Mr. Cabrera inquired if there had been any decision regarding use of the Convention Center tunnel. Mr. Groon responded that he had had no feedback concerning alternatives from Wildwood officials. Mr. Groon inquired if the governing body had any issues with the wintertime rules. Mr. Cabrera stated that the April 1st cut-off would be agreeable with him. The Engineer interjected that vehicle weight limits would have to be implemented to preclude damage to the bike path. The Clerk stated that liability issues could be shifted to the City of Wildwood and have them hold the Borough harmless for use of the Heather Road access area. He added that if the City of Wildwood is not willing to comply with that, access should be denied.

 

Mr. Groon stated that it was his opinion that the situation could be gotten through during the winter of 2012-13, but that the larger issue is that the City of Wildwood is building commercial enterprises on their beach and commercial traffic will increase due to that. He the Engineer for confirmation that Cresse Avenue should not be utilized for commercial access to the beach. Mr. Cabrera interjected that structurally the bike path can accommodate the traffic, but when the bike path is being used by pedestrians and bicycles, a problem arises. The Engineer agreed with Mr. Cabrera’s assessment that the bike path can structurally accommodate commercial traffic, but the bike path would have to be closed to permit vehicular traffic access. Mr. Cabrera stated that he did not have a problem with Wildwood utilizing either Cresse Avenue or Heather Road, with agreements in place, as long as advance notice is provided in order to close the bike path to pedestrian and bicycle traffic. Mr. Groon stated that it would be difficult to open and close the bike path. The Engineer interjected that by making access “easy” the traffic will increase.

 

Mr. Groon suggested that the Commissioners speak to the Engineer, the Public Works Superintendent and Chief of Police to make independent decisions. The Clerk suggested that the Borough obtain at least a hold harmless agreement from the City of Wildwood while negotiations for a long-term solution are in progress in order to protect the Borough in the event of an incident. The Solicitor was instructed to do so.

 

Nancy Pietropaoli, 6002 Seaview Avenue, inquired as to the timeline for completion of the new library by the County of Cape May. She was advised that the County is still targeting October 2013, but it was anticipated that the date will be in early 2014.

 

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

RESOLUTION NO. 868-12

 

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

 

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

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that two (insert number) issues are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on September 12, 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 _________________________________________

 

__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 potential purchase of real property [Ranalli vacant land in Lower Township].

 

________            “(6) Any tactics and techniques utilized in protecting the safety and property of the public provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

__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 bayfront encroachments

 

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. Groon, 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:        September 26, 2012

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX