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Minutes of Commissioners Meeting   -   December 12, 2012

Note:  Complete Meeting Appears on CD #33-12 and #34-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office December 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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1151

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 22, CONSTRUCTION, ARTICLE 1, UNIFORM CONSTRUCTION CODE, SECTION 22-3, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1084 ADOPTED NOVEMBER 23, 2009 AND ORDINANCE NO. 1096 ADOPTED APRIL 14, 2010

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1151 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Thursday, December 27, 2012 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1152

A CAPITAL ORDINANCE, SUPPLEMENTING BOROUGH OF WILDWOOD CREST ORDINANCE(S) 1061(B) AND 1078(B), PROVIDING FOR THE CONSTRUCTION OF A BEACHFRONT PARK BETWEEN RAMBLER AND MYRTLE ROADS AND APPROPRIATING THEREFOR THE AMOUNT OF $40,000 FROM GENERAL CAPITAL FUND BALANCE

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1152 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Thursday, December 27, 2012 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 896-12

WHEREAS, it has been found necessary to make a special emergency appropriation to meet certain expenses incurred or to be incurred as a result of the extraordinary damage to the streets, roads and other public property caused by Hurricane Sandy requiring the appropriation of funds of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey, in the amount of $800,000; and

 

WHEREAS, N.J.S.A 40A:4-54 provides that it shall be lawful to make such appropriation, which appropriation, as funded through surplus funds, shall be provided for in succeeding annual budgets by the inclusion of an appropriation of at least one-fifth of the amount authorized pursuant to this act.

 

NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A 40A:4-55:

 

                       1. A special emergency appropriation is hereby made for Hurricane Sandy Other Expenses in the total amount of $800,000.

 

                       2.  The special emergency appropriation set forth in Section 1 hereof shall be provided for in the budgets of the succeeding years by the inclusion of not less than $160,000 annually in each of the next five succeeding years’ budgets.

 

                       3.  Two (2) certified copies of this resolution shall be filed with 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. 897-12

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2012 budget appropriations be and the same are hereby authorized as follows:

 

 

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. 898-12

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Request for Quotations in The Herald of Cape May County issue of December 19, 2012.

 

Sealed or e-mailed quotations will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Wednesday, January 9, 2013 at 1:00 P.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

ACTUARIAL VALUATION OF POST-EMPLOYMENT BENEFITS IN ACCORDANCE WITH GASB-45

 

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. 899-12

 

Authorizing the Borough of Wildwood Crest to

Execute an Extension of a Shared Services Agreement

With the City of North Wildwood Pertaining to

Municipal Construction Official

 

 

WHEREAS, pursuant to Resolution No. 134-09 adopted November 4, 2009, the Borough of Wildwood Crest and the City of North Wildwood entered into a Shared Services Agreement dated November 4, 2009 pertaining to the Municipal Construction Official; and

 

WHEREAS, said agreement provides for a term of one year, terminating December 31, 2011; and

 

WHEREAS, said agreement also provides for the extension of said agreement from year to year, on the same terms and conditions, by mutual agreement and resolution of the parties; and

 

WHEREAS, on December 22, 2011, the governing body, via Resolution No. 687-11, authorized the extension of said agreement through December 31, 2012; and

 

WHEREAS, it is the desire of the governing body to extend said agreement for an additional one year term, effective January 1, 2013 and terminating December 31, 2013;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Mayor and Borough Clerk be and they are hereby authorized to execute any and all documents necessary to effectuate the extension of said Shared Services Agreement with the City of North Wildwood pertaining to Municipal Construction Official for an additional one year term, effective January 1, 2013 and terminating December 31, 2013.

 

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. 900-12

WHEREAS, the State of New Jersey contains many unique natural, recreational, and economic resources that are enjoyed not only by the citizens of the State, but also by millions of visitors from all over the United States and the world, which in turn results in a multi-billion dollar tourism industry that is crucial to the economic well-being of the State; and

 

WHEREAS, the provision of appropriate public facilities and improvements necessary to promote and sustain tourism is especially difficult for public entities located in sixth class counties of this State. In those counties, a relatively small permanent population combines with a relative lack of a diversification in the economic base to present special obstacles for public entities which seek to undertake and fund tourism facilities and improvements without damaging the economic prosperity of the locality by imposing onerous taxes on permanent residents or businesses; and

 

WHEREAS, the creation of tourism improvement and development districts may assist municipalities in those counties in promoting economic growth and employment related to a tourism economy and that municipalities in counties of the sixth class should be encouraged to create tourism improvement and development districts to finance the acquisition, maintenance, operation and support of convention center facilities and to promote tourism in order to enhance the local tourism business climates; and

 

WHEREAS, it is in the public interest to encourage these municipalities in counties of the sixth class to seek regional solutions to common problems related to economic prosperity of this State, and to enhance the prosperity of those municipalities by the adoption of appropriate ordinances to assess, levy and collect taxes upon receipts from certain sales and services, and to impose certain municipal fees. These special public finance measures which are not generally available to other local units of the State, are appropriate to address the particular economic conditions of sixth class counties, and are not necessary or appropriate in areas with a larger population base and more diversified economic structure, which are not so heavily affected by the seasonal fluctuations of a tourism based economy; and

 

WHEREAS, the Greater Wildwoods Tourism Improvement and Development Authority (GWTIDA) was created in July 1993 by N.J.S.A. 40:54D-1, et. seq., for the express purpose of those reasons listed above; and

 

WHEREAS, the Borough of Wildwood Crest fully endorses and supports the efforts of GWTIDA to pursue additional funding from the State of New Jersey in the form of matching funds to support its mission in the tourism district;

 

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 statements of the preamble are incorporated herein by this reference thereto.

 

               2.            This governing body urges Governor Christie and the State Legislature to adopt legislation that would return three (3) cents of the seven (7) sent sales tax collected on predominately tourism related retail receipts, in tourism improvement and development districts in Counties of the Sixth Class, as is done in Atlantic City. This funding will permit the tourism district to meet its stated purpose in providing funds to finance the acquisition, maintenance, operation and support of convention center facilities and to enhance the local tourism business climate.

 

               3.            The Municipal Clerk shall send a confirmed copy of this Resolution to Governor Christie, Assembly Speaker Oliver, Senate President Sweeney, State Senator Van Drew and Assemblymen Albano and Milam.

 

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. 901-12

WHEREAS, on December 3, 2012 , ANGELA NERO , 27 Westwood Dr. , Fair Lawn, NJ 07410 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 8, 2013 ,  from 2:30 p.m to 5:30 p.m., at Centennial Park ; and

                                                                                                                                               

WHEREAS,  ANGELA NERO, 27 Westwood Dr., Fair Lawn, NJ 07410 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  ANGELA NERO , 27 Westwood Dr., Fair Lawn, NJ 07410 for the purpose of a WEDDING to be held on June 8, 2013 , from 2:30 p.m to 5:30 p.m., at Centennial Park.

 

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

Vote:      Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 902-12

WHEREAS, the Mayor has determined to appoint Patrick Malia as Zoning Officer for the Borough of Wildwood Crest effective January 1, 2013, on an interim basis, through December 31, 2013 at an annual salary of $10,000.00 in accordance with the salary ordinance of the Borough 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, that the appointment of Patrick Malia as Zoning Officer for the Borough of Wildwood Crest by Mayor Carl H. Groon be and the same is hereby confirmed and ratified.

 

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. 903-12

WHEREAS, HAROLD SPENCER, P.O. Box 5021, Glenarm, MD 21057 was transported on June 28, 2012 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, HAROLD SPENCER was billed $76.18 for the patient’s share of said services and submitted payment in the amount of $76.18 to the Borough of Wildwood Crest; and

 

WHEREAS, HAROLD SPENCER’s secondary insurance provider also made payments in the total amount of $76.18 to the Borough of Wildwood Crest 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 $76.18 to HAROLD SPENCER, P.O. Box 5021, Glenarm, MD 21057 for said duplicate payment.

 

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. 904-12

WHEREAS, ANGELINE-ROSE TROY, 1075 Spanish River Road Apt. 19, Boca Raton, Florida 33432 was transported on May 28, 2012 by the Borough of Wildwood Crest Ambulance Service; and

 

WHEREAS, ANGELINE-ROSE TROY was billed $500.00 for said services and submitted payment in the amount of $500.00 to the Borough of Wildwood Crest; and

 

WHEREAS, ANGELINE-ROSE TROY subsequently submitted duplicate payment in the amount of $500.00 to the Borough of Wildwood Crest 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 $500.00 to ANGELINE-ROSE TROY, 1075 Spanish River Road Apt. 19, Boca Raton, Florida 33432 for said duplicate payment.

 

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

 

Present were Tom Byrne and Joe Meola of the J. Byrne Agency, the Borough’s Risk Management Consultant. They presented their Stewardship Report on the status of the ACMJIF. Mr. Byrne congratulated the Borough and all Borough Officials on a job well done during Hurricane Sandy. Mr. Byrne reviewed the many services provided to the Borough by his agency. He then outlined issues his agency will be working on in 2013, including private use of facilities, accident investigations and follow up, and ongoing review of FEMA assistance and flood insurance requirements.

 

Mr. Byrne also reviewed the history of the ACMJIF and its benefits to the Borough as a member, and explained that the Borough’s loss ratio over the past six years has been 75.7%, compared to the overall JIF average of 98%. That low loss ratio has benefited the Borough by reducing its “premium.”

 

Finally, Mr Byrne recognized and congratulated the Borough’s Fund Commissioner (Clerk/Administrator) and Safety Committee for an outstanding job actively representing the borough’s best interests and the later in helping to reduce accidents and proactively taking the initiative to correct safety hazards. As a result, the Borough’s lost time frequency rate for 2012 was .54 per 100 hours of labor. The JIF average is 2.49.

 

The Clerk stated that there are a number of Risk Management Consultants throughout the ACMJIF, and the job done by the J. Byrne Agency in support of the Borough’s initiatives is outstanding. Additionally, RMCs are permitted to receive up to 6% of assessment in compensation, and the J. Byrne Agency receives only 4.5% compensation.

 

Mr. Groon thanked Mr. Byrne and Mr. Meola, as well as the Borough’s Safety Committee members, for their efforts on behalf of the Borough.

 

With regard to the beach concession rental, the Clerk reported that the Solicitor was doing research on the matter. The Solicitor reported that she would have drafts to the governing body in the near future.

 

With regard to the 2013 Capital Improvements, the Clerk reported that an ordinance was being drafted to be introduced on January 9, 2013 for the pay-as-you-go capital items. As to the beach, the Clerk reported that the money is now in place with the adoption of the emergency resolution earlier in the meeting. Mr. Groon inquired of the CFO as to how quickly the money can be made available to the Department Heads in order that they might start ordering materials to make the necessary repairs to the beach.

The CFO responded that it could be available by the end of the day. There was further discussion regarding repair to the beach and walkways over the winter, and the timeline for doing so.

 

The Clerk reported that the Solicitor was also working on an amendment to the beach regulations ordinance based on comments received from the governing body.

 

There was discussion regarding beach concessions, and it was suggested that any consideration for ice cream concession be for two years only to coincide with the umbrella concession as well as the surf camp concession in order to have all beach concessions expire at the same time. Consideration was next provided for those concessions as to potential minimum bids as well as locations for the concessions.

 

With regard to UEZ participation, there was discussion regarding participation in 2013 and whether the State of New Jersey will be administering the program. Additionally, financial and staffing issues were discussed.

 

Concerning the amendment of the bulkheads, docks and piers section of the code, the Clerk indicated that the drafts had been reviewed by the Engineer and the Public Works Superintendent, and it was his understanding that they were ready to be introduced at the January 9, 2013 Commission meeting.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 905-12

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of December 19, 2012.

 

Oral bids will be received by the Borough Clerk at Wildwood Crest Borough Hall at 1:00 P.M. on THURSDAY, JANUARY 3, 2013, for furnishing the item hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said item is as follows:

 

RENTAL OF BEACH CONCESSION AT APPROVED LOCATION(S) FOR THE CONDUCT OF AN OCEAN SURF CAMP AND WATER SAFETY INSTRUCTION PROGRAM

 

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

Vote:      Gould-Cabrera-Groon-Yes

 

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

RESOLUTION NO. 906-12

 

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 (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 December 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____            “(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 specific matter pertaining to potential litigation and/or the parties to each contract discussed

 

             and the nature of the discussion, described as specifically as possible without undermining the                  

             need for confidentiality is DiAntonio bayfront encroachment

 

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:    December 27, 2012

Kevin M. Yecco, Borough Clerk

 

MINUTES OF MEETINGS INDEX