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Minutes of Commissioners Meeting   -   September 26 2012

Note:  Complete Meeting Appears on CD #26-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office September 26, 2012
Wildwood Crest, NJ

Prior to the opening of the meeting, Mrs. Gould 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 8:00 p.m.  On roll call the following answered to their names:

                         Gould - Cabrera – Yes                              Groon - Absent

 

Mrs. Gould 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.

 

Mrs. Gould 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. 869-12

 

WHEREAS, September has been designated as “National Preparedness Month;” and

 

WHEREAS, the Federal Emergency Management Agency (FEMA), the New Jersey State Office of Emergency Management (OEM), and the New Jersey Office of Homeland Security and Preparedness (OHSP) have instituted the National Preparedness Coalition Online Community; and

 

WHEREAS, the National Preparedness Coalition Online Community connects communities, businesses, organizations and families to collaborate on emergency preparedness; and

 

WHEREAS, it is the desire of the governing body of the Borough of Wildwood Crest to participate in the National Preparedness coalition Online Community in order to better serve the interests of the residents of Wildwood Crest;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, as follows:

 

               1.            The preamble hereto is incorporated herein as if set forth in full.

 

               2.            The Borough Clerk be and he is hereby authorized and instructed to enroll the Borough of Wildwood Crest in the National Preparedness Coalition Online Community for the purpose of accessing preparedness information, to obtain support and share best practices with other members, to connect with FEMA personnel in regional forums and to increase awareness in the Borough of Wildwood Crest.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

With regard to the foregoing Resolution, the Clerk reported that this action would enhance the Borough’s position with FEMA in reducing the Borough’s Community Rating System rate number which would reduce flood insurance costs within the Borough.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 870-12

 

EXTRACT from the minutes of a regular meeting of the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, held at the Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on September 26, 2012, at 8:00 o’clock P.M.

PRESENT:  Gould - Cabrera

ABSENT:    Groon

*       *       *

  Mrs. Gould introduced and moved the adoption of the following resolution and  Mr. Cabrera seconded the motion:

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $7,719,400 BOND ANTICIPATION NOTES OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY.

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AS FOLLOWS:

Section 1.             Pursuant to a bond ordinance of the Borough of Wildwood Crest, in the County of Cape May (herein called “local unit”), entitled: “Bond ordinance appropriating $2,570,000, and authorizing the issuance of $2,447,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on February 10, 2010 (#1092), Bond Anticipation Notes of the local unit in a principal amount not exceeding $2,447,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 2.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,575,000, and authorizing the issuance of $1,449,800 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on November 20, 2010 (#1112), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,499,800 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 3.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,500,000, and authorizing the issuance of $1,428,500 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on June 8, 2011 (#1128), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,428,500 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 4.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,490,000, and authorizing the issuance of $1,418,800 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on July 20, 2011 (#1130), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,418,800 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 5.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $360,000, and authorizing the issuance of $342,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on February 22, 2012 (#1143), Bond Anticipation Notes of the local unit in a principal amount not exceeding $342,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 6.             Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $614,000, and authorizing the issuance of $583,300 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on August 8, 2012 (#1147), Bond Anticipation Notes of the local unit in a principal amount not exceeding $583,300 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 7.             Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit authorized pursuant to bond ordinances of the local unit hereinabove in Sections 1 to 6 described, shall be combined into a single and combined issue of bonds in the principal amount of $7,719,400.

Section 8.             The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a)             All notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the local unit, provided that no note issued pursuant to Sections 1 hereof shall mature later than (i) one year from the date of the first note issued pursuant to the respective ordinances referred to in said Sections 1 to 6 hereof, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

(b)            All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

(c)             The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

Section 9.             The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the chief financial officer’s signature upon said notes shall be conclusive as to such determinations.

Section 10.          The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 11.          Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 12.          The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

Section 13.          The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2‑12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 14.          All action heretofore taken by officials and professionals of the local unit with regard to the sale and award of said notes in hereby ratified, confirmed, adopted and approved.

Section 15.          This resolution shall take effect immediately.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 871-12

 

WHEREAS, on September 13, 2012 , JOHN ELWELL & JENNIFER ANZELONE , 3506 Hudson Ave. , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on October 7, 2012 ,  from 2:00 p.m. - 4:00 p.m., on the Newark Ave. Beach ; and

                                                                                                                                               

WHEREAS,  JOHN ELWELL & JENNIFER ANZELONE, 3506 Hudson Ave., Wildwood, NJ 08260 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  JOHN ELWELL & JENNIFER ANZELONE , 3506 Hudson Ave., Wildwood, NJ 08260 for the purpose of a WEDDING to be held on October 7, 2012 , from 2:00 p.m. - 4:00 p.m., on the Newark Ave. Beach.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

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-Yes                                 Groon-Absent

 

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 August 31, 2012 be accepted as presented and filed.

Vote:          Gould-Cabrera-Yes                                 Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings held August 29 and September 12, 2012, as well as closed session minutes held on both dates, be approved as presented.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the governing body acknowledge receipt and review of the Best Practices Inventory, as prepared by the CFO and presented by the Clerk/Administrator on September 26, 2012.

Vote:          Gould-Cabrera-Yes                                 Groon-Absent

 

The Clerk reported that out of the fifty questions required to be completed in the Best Practices Inventory, the Borough of Wildwood Crest had forty-nine answers in the affirmative. He added that this insures that there will be no reduction in State aid to be received by the Borough.

 

Concerning the Ranalli Land Purchase matter, the Clerk reported that he had supplied to the governing body information received from the Solicitor, and that the matter would be listed for closed session discussion at the October 10, 2012 meeting upon Mr. Groon’s return.

 

With regard to the 2013 Capital Improvements, the Clerk reported that he had supplied the governing body with the requests presented by the Department Heads at the September 19th staff meeting.

 

Regarding the UEZ, the Clerk reported that it was his understanding that the UEZ Board had adopted a budget. Mr. Cabrera concurred, adding that it will carry through December 31, 2012. Mr. Cabrera added that he had suggested that the UEZ formulate a plan prior to the end of 2012 as to how it is anticipated the UEZ will move forward and that he would provide that plan to the governing body in the latter portion of December.

 

The Clerk reported that the “bulkheads, docks and piers” section of the Borough Code, as well as the section pertaining to “dumpsters” were being reviewed by the Engineer and the Public Works Superintendent for presentation to the governing body.

 

The Borough Engineer reported that on Friday, October 28, 2012, the Borough will meet the deadline for the New Jersey Environmental Infrastructure Trust Fund for the planning document.

 

Rich Segal, 9305 Seaview Avenue, commented on the flooding issue at the corner of Washington and Seaview Avenues. He stated that although the roads have recently been reconstructed, any heavy rain brings rain water over the curbs and sidewalks. On August 25, 2012, there was a major thunderstorm and the water was six inches deep in his garage. Additionally, on Washington Avenue there were six cars that were flooded, five of which were totaled. The Engineer responded that as part of the upcoming New Jersey Avenue reconstruction project, he was running an analysis to run a drainage line at Washington Avenue to divert some of the water to the bay. He went on to state that part of the problem is the length of the outfall lines on the beach.

 

Jim Bradley, 224 Topeka, stated that his father, Charles Bradley, had passed away in July 2012. Mr. Bradley was a lifelong resident of the Wildwoods, a sixty year member of the Wildwood Crest Volunteer Fire Department, and had the Rambler Road bicycle rental concession in the Borough since 1964. He added that his father was instrumental in the bike path project. James Bradley inquired if the governing body could in some way honor his father’s memory in the Rambler Road area of the bike path for his many years of dedication to the community. Mrs. Gould responded that she would see that it is discussed among the governing body upon Mr. Groon’s return.

 

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

RESOLUTION NO. 872-12

 

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 September 26, 2012 at 8:00 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_____            “(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

 

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-Yes                                 Groon-Absent

 

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-Yes                                 Groon-Absent

 

Dated:        October 24, 2012

Kevin M. Yecco, Borough Clerk  

MINUTES OF MEETINGS INDEX