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Minutes of Commissioners Meeting   -   March 27, 2013

Note:  Complete Meeting Appears on CD #7-13 on File in the Wildwood Crest, NJ Borough Clerk’s Office March 27, 2013
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader, the Herald and The Press on November 28, 2012.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1163 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1163

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2013 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1163.

Vote:          Gould-Cabrera-Groon-Yes

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

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1163 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1165 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1165

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 34, FIRE DEPARTMENT, SECTION 34-5, HEALTH INSURANCE COVERAGE, SUBSECTION C, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 1087 ADOPTED JANUARY 27, 2010

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 1165.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1165 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1165 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1166 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1166

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 37, GARBAGE, RUBBISH, SOLID WASTE MANAGEMENT, OF THE BOROUGH OF WILDWOOD CREST, ARTICLE IV, WILDWOOD CREST RECYCLING PROGRAM, AMENDING SECTION 37-16, DEFINITIONS, SECTION 37-18, COLLECTION OF RECYCLABLE MATERIALS, AND SECTION 37-18.3, NEW DEVELOPMENTS OF MULTI-FAMILY RESIDENTIAL UNITS OR COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL PROPERTIES, AND AMENDING ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007 AND ORDINANCE NO. 1113 ADOPTED NOVEMBER 22, 2010

Mrs. Gould motioned, seconded by Mr. Groon, that a public hearing be held on Ordinance No. 1166.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1166 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1166 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that the Borough had received approval from the State of New Jersey for adoption of the CY2013 Municipal Budget.

 

THE CLERK READ THE FOLLOWING RESOLUTION IN FULL:

RESOLUTION NO. 961-13

 

SUBJECT:  LOCAL BUDGET OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, FOR THE FISCAL YEAR 2013

 

BE IT RESOLVED that the following statements of revenue and appropriations shall constitute the local budget for the year 2013.

 

BE IT FURTHER RESOLVED that said budget be published in The Cape May County Herald issue of March 6, 2013.

 

NOTICE is hereby given that the budget and tax resolution were approved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey on February 27, 2013.

 

A hearing on the budget and tax resolution will be held in the Municipal Court Room in Borough Hall on Wednesday, MARCH 27, 2013 AT 7:00 P.M., Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, at which time and place objections to said budget and tax resolution for the year 2013 may be presented by taxpayers and other interested persons.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 982-13

 

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget be read by title only at the time of the public hearing if a Resolution is passed by not less than a majority of the full membership of the governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget is advertised, has been posted on the bulletin board in Borough Hall, and copies have been made available by the Borough Clerk to persons requiring them on a daily basis thereafter, including the date and time of the actual public hearing held as a result thereof; and

 

WHEREAS, these required conditions have been made;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey, that the municipal budget of the Borough of Wildwood Crest be read by title only.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on the CY2013 Municipal Budget now be held.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on the 2013 Municipal Budget be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 983-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorizations of the below amount of $14,097,059.46 for municipal purposes.

 

BE IT FURTHER RESOLVED that the summary of revenues for inclusion in the 2013 MUNICIPAL BUDGET be and the same are as follows:

              

               GENERAL REVENUES

               Surplus Anticipated                                                                      $    1,680,000.00

               Miscellaneous Revenues Anticipated                                              5,824,567.36

               Receipts from Delinquent Taxes                                                          440,000.00

               AMOUNT TO BE RAISED BY TAXATION FOR

               MUNICIPAL PURPOSES                                                                 14,097,059.46

                                                            TOTAL REVENUES                         $ 22,041,626.82

 

BE IT FURTHER RESOLVED that the summary of appropriations for inclusion in the 2013 MUNICIPAL BUDGET be and the same are as follows:

 

               GENERAL APPROPRIATIONS

               Within “CAPS”

                              (a&b)  Operations including Contingent                    $  12,073,119.00

(e)     Deferred Charges and Statutory                       

                                         Expenditure – Municipal                                         1,224,984.00

                              Excluded from “CAPS”

                              (a)       Operations - Total Operations

                                         Excluded from “CAPS”                                            3,473,285.04

                              (c)       Capital Improvements                                                 870,000.00

                              (d)       Municipal Debt Service                                          3,469,677.00

                              (e)       Deferred Charges – Municipal                                  160,400.00

                              (m)      Reserved for Uncollected Taxes                               770,161.78

 

                                                            TOTAL APPROPRIATIONS           $  22,041,626.82

 

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. 984-13

 

WHEREAS, the Borough of Wildwood Crest and the City of North Wildwood had agreed to participate in a Beach Fill Replenishment Project; and

 

WHEREAS, the Borough of Wildwood Crest had agreed to pay the City of North Wildwood a portion of the fees directly related to the engineering work performed by Van Note Harvey Associates on the beaches of Wildwood Crest beach which would not be reimbursed by FEMA in conjunction with the Beach Fill Replenishment Project; and

 

WHEREAS, it is the desire of the governing body of the Borough of Wildwood Crest to provide payment to the City of North Wildwood for twenty five percent of the engineering fees that were directly related to the Borough of Wildwood Crest, subject to the limits heretofore imposed by the governing body 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 and State of New Jersey, that the CFO be and he is hereby authorized and directed to provide payment to the City of North Wildwood, in the amount of $14,156.46.

 

BE IT FURTHER RESOLVED that said payment shall constitute final payment to fulfill any and all obligations pursuant to the aforementioned agreement and the City of North Wildwood.

 

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. 985-13

 

WHEREAS, on March 12, 2013, SANDMAN SCHOOL , 838 Seashore Rd. , Cape May, NJ 08204 , applied for a Special Events Permit for the purpose of a SIXTH GRADE BEACH DAY   to be held on June 4, 201 3,  from 7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2013, on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY  to be held on June 4, 201 3, from 7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2013, on the beach at Rambler 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. 986-13

 

WHEREAS, on March 12, 201 3, MIDDLE TWP. ELEMENTARY SCHOOL #2 , 101 W. Pacific Ave. , Cape May Court House, NJ 08210 , applied for a Special Events Permit for the purpose of a BEACH DAY   to be held on June 7, 201 3, from 9:30 a.m. to 2:00 p.m., with a rain date of June 10, 2013, on the beach at Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY  to be held on June 4, 2013, from 7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2013, on the beach at Rambler Rd.

 

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. 987-13

 

WHEREAS, on March 15, 2013 , JUDEA MANGUAL-PATRICK , 39 Alexander St. , Newark, NJ 07106 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on July 8, 2013 ,  with a rain date of July 9, 2013, from 2:00 p.m. to 4:00 p.m., at the Sunrise Park Gazebo on Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  SANDMAN SCHOOL, 838 Seashore Rd., Cape May, NJ 08204 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  SANDMAN SCHOOL , 838 Seashore Rd., Cape May, NJ 08204 for the purpose of a SIXTH GRADE BEACH DAY  to be held on June 4, 201,  from 7:30 a.m. to 1:30 p.m., with a rain date of June 6, 2013, on the beach at Rambler 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. 988-13

 

Authorizing Amendment to Shared Services Agreement with the Cape May County Department of Health to Provide Public Health Services to the Residents of the Borough of Wildwood Crest

 

 

WHEREAS, on April 1, 1978 and April 13, 1978, the Borough of Wildwood Crest entered into Shared Services Agreements with the Cape May County Department of Health to provide public health services to the residents of the Borough of Wildwood Crest; and

 

WHEREAS, it is necessary to amend said Shared Services Agreements to reflect changes in statute numbers, as well as to update supporting services listed in Schedule A of said amendment;

 

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, as follows:

 

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

 

2.      The Mayor and Borough Clerk be and they are hereby authorized and directed to execute and any all documents on behalf of the Borough of Wildwood Crest to implement said Amendment.

 

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. 989-13

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that as a result of the receipt of sealed bids which took place on March 21, 2013, at 10:00 a.m., in the Municipal Court Room of Wildwood Crest Borough Hall, during which time WILLIAM KELLY submitted an overall highest bid amount of $332,132.00 over a two (2) year lease period, the specific breakdown of said bid being as follows: $100,000.00 in calendar year 2013 and $232,132.00 in calendar year 2014, for the lease of all six (6) specified locations as precisely defined and contained in the bid documents which are made a part hereof by reference as if fully set forth, otherwise known as Concession A, Concession B, Concession C, Concession D, Concession E, and Concession F, situate on the beach in the Borough of Wildwood Crest, and permitted to be utilized for the sale of ice cream and ice cream products, it is hereby determined to be in the best interest of the Borough of Wildwood Crest to accept the highest bid, which has been submitted by WILLIAM KELLY for the said six (6) concession rentals and bid amount set forth hereinabove for calendar years 2013 and 2014.

 

BE IT FURTHER RESOLVED that the award of this bid is further conditioned upon complete compliance by the Concessionaire of the full provisions set forth in the legal opinion of the Solicitor with respect to the operation of this concession on the beaches of the Borough of Wildwood Crest, as well as all bid documents appertaining thereto.

 

BE IT FURTHER RESOLVED that Joyce P. Gould, Commissioner of Revenue and Finance of the Borough of Wildwood Crest, and Kevin M. Yecco, Borough Clerk, be and they are hereby authorized, instructed and empowered to execute and attest the Lease by and between the Borough of Wildwood Crest and WILLIAM KELLY, incorporating all of the terms and conditions of the above successful ice cream and ice cream products concession rental bid.

 

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. 990-13

 

WHEREAS, William G. Blaney, Esquire, formerly of the law firm of Gruccio Pepper DeSanto & Ruth, P.A., duly appointed Labor Counsel for the Borough of Wildwood Crest, was assigned representation of the Borough of Wildwood Crest in the matter of Hunt v. Borough of Wildwood Crest, et al; and

 

WHEREAS, William G. Blamey, Esquire, is now a principal in the law firm of Blaney & Donohue, P.A.; and

 

WHEREAS, it is in the best interest of the Borough of Wildwood Crest to continue the retention of William G. Blaney, Esquire, as special counsel for the Borough of Wildwood Crest in regard to the above referenced matter.

 

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 William G. Blaney, Esquire, of the firm of Blaney & Donohue, P.A., be and he is hereby authorized to be exclusively retained as the attorney of record for the Borough of Wildwood Crest in the matter of Hunt v. Borough of Wildwood Crest, et al, and to continue said representation at the hourly rate of $140.00 as a professional services contract award through final adjudication of the aforesaid pending matter, said contract to be effective March 27, 2013 through March 26, 2014.

 

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. 991-13

[Resolution Approving change Order No. 1 in Excess of 20% for the Sand Harvesting, Redistribution, Transfer of Sand and Grading of the Beach with Don Rogers, Inc.]

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending February 28, 2013 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission meetings of February 27, 2013, March 13, 2013, and Special Meeting of March 22, 2013 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported, with regard to the Acacia bulkhead reconstruction matter, that he had received a report from the Engineer, and the Solicitor had drafted a letter to be signed by the governing body after approval by the governing body. The Clerk requested verbal approval by the governing body to execute the letter on the basis of the Borough Engineer’s report and representations made by the professionals retained by the owners of the Acacia.

Mr. Cabrera motioned, seconded by Mrs. Gould, that the draft letter regarding the Acacia bulkhead reconstruction matter be approved and executed.

Vote:          Gould-Cabrera-Groon-Yes

 

Concerning amendment of the Borough’s fee ordinance, the Clerk reported that it is moving through the departments in conjunction with the CFO. He indicated that it was his intent to have the ordinance listed on the agenda of April 10, 2013 for introduction; however, that will not take place because the ambulance fees cannot be finalized prior to that date due to vacation schedules of both administrative staff and Cape Professional Billing. It is intended that the ordinance will now be introduced at the April 24, 2013 Commission meeting.

 

The Clerk inquired of Mr. Cabrera whether he had anything to report with regard to the UEZ. Mr. Cabrera responded that they were still attempting to get a Board meeting put together. It was his opinion that a “game plan” was required, and a suggestion had been made by Wildwood Crest to have GWTIDA assume responsibility for the UEZ.

 

The Clerk reported that the Wildwood Crest Volunteer Fire Company No. 1 had requested the acquisition of a fire rescue boat. A letter from the Fire Chief had been circulated to the governing body for their review. It was reported that the Fire Company was attempting to obtain grants for the costs involved, although the actual boat will be at no cost through government surplus. There had been discussions regarding several docking locations for the boat, but no final location had been determined. Request was made for approval to gather additional information, proceed with determination of a location, and start the process. All three governing body members agreed.

 

As discussed at the March 13, 2013 Commission meeting, the construction plans and various traffic patterns for New Jersey Avenue will have to be finalized in short order. The Engineer had been asked to provide suggestions and plans for the approval of the governing body. The plans were reviewed by the governing body in conjunction with the Engineer and Captain Mayer of the Wildwood Crest Police Department. After the discussion, the Engineer was provided with direction by the governing body on final revisions to the plans, which includes total reconstruction from Rambler Road south to the southern boundary line on Jefferson Avenue.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 991-13

 

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 WEDNESDAY, MARCH 27, 2013 at 7:00 P.M.; and

 

WHEREAS, the nine (9) exceptions to public meetings set forth in N.J.S.A. 10:4-12(b) are listed below, and next to each exception is a box within which the number of issues to be privately discussed that fall within that exception shall be written, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

___1____            “(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 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:        April 24, 2013

Kevin M. Yecco, Borough Clerk

MINUTES OF MEETINGS INDEX