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Minutes of Commissioners Meeting   -   September 18, 2013

Note:  Complete Meeting Appears on CD #26-13 on File in the Borough Clerk's Office. September 18, 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. 1175 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. 1175

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, TO AUGMENT ARTICLE IV, MUNICIPAL ADMINISTRATOR, AND AMENDING ORDINANCE NO. 990 ADOPTED ON DECEMBER 21, 2005

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1175.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1175 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1175 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. 1176 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. 1176

AN ORDINANCE TO AMEND SECTION 59-3 OF THE CODE OF THE

BOROUGH OF WILDWOOD CREST, KNOWN AS THE “SALARY

ORDINANCE,” FIXING AND DETERMINING SALARIES AND

COMPENSATIONS OF THE BOROUGH OF WILDWOOD CREST, IN

THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR

THE TIME AND METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1176.

Vote:          Gould-Cabrera-Groon-Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1176 be closed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1176 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 1105-13

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 18, 2013, at 7:00 o’clock P.M.

PRESENT:          Joyce P. Gould – Don Cabrera – Carl H. Groon

ABSENT:            None

*       *       *

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

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $8,538,400 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 $2,362,000 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 22, 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 August 10, 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 March 7, 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 29, 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 a bond ordinance of the local unit entitled:  “Bond ordinance providing for the improvement of municipally-owned buildings, facilities and properties in and by the Borough of Wildwood Crest, in the County of Cape May, New Jersey, appropriating $950,000 therefor and authorizing the issuance of $904,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 21, 2013 (#1174), Bond Anticipation Notes of the local unit in a principal amount not exceeding $904,000 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 8.             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 7 described, shall be combined into a single and combined issue of bonds in the principal amount of $8,538,400.

Section 9.             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 to 7 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, 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 10.          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 11.          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 12.          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 13.          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 14.          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 15.          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 16.          This resolution shall take effect immediately.

Upon motion of ___________________________, seconded by ________________________, the foregoing resolution was adopted by the following vote:

AYES:

NOES:

                              ABSENT:

 

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 1106-13

 

WHEREAS, the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”) has from time to time and will from time to time issue tax-exempt debt, including without limitation bonds and bond anticipation notes; and

WHEREAS, in connection with the issuance of tax-exempt debt, the Borough is required by Section 149(e) of the Internal Revenue Code to file with the Internal Revenue Service an Information Return for Tax-Exempt Governmental Obligations known as Form 8038‑G (or a substantially similar form); and

WHEREAS, the most recent revision of Form 8038-G requires the Borough to report whether the Borough has established written procedures to monitor and ensure compliance with certain requirements of federal tax law relating to its tax-exempt debt; and

WHEREAS, bond counsel to the Borough has prepared written procedures to monitor and ensure compliance with the requirements of federal tax law relating to tax-exempt debt which procedures are attached hereto as Exhibit A; and

WHEREAS, the Borough is desirous of establishing such written procedures;

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:

(a)             In furtherance of the purposes described in the above recitals and in connection with the issuance from time to time by the Borough of tax-exempt debt, including bonds and bond anticipation notes, the Borough hereby establishes procedures to monitor and ensure compliance with federal tax law which procedures are attached hereto as Exhibit A.

(b)            This resolution shall take effect immediately.

 

 

 

 

 

EXHIBIT A

TAX-EXEMPT DEBT COMPLIANCE PROCEDURES
(adopted September 18, 2013)

(a)              Purpose of Procedures

The purpose of these procedures is to ensure that the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”) complies with applicable requirements of federal tax law necessary to preserve the tax-exempt status of interest on any tax-exempt obligations (collectively referred to as the “Bonds”) issued by the Borough.  These requirements include restrictions on the uses of proceeds of the Bonds, and the facilities financed with the Bonds.  The Borough hereby designates the Chief Financial Officer of the Borough as the compliance officer (the “Compliance Officer”) for purposes of these procedures. These procedures provide only a general overview of the primary tax restrictions. The Compliance Officer shall consult with the Borough’s bond counsel as needed to understand the tax restrictions described in the arbitrage and use of proceeds certificate or similar tax certificate (the “Tax Certificate”) executed by the Borough in connection with an issue of Bonds and to ensure compliance with the tax restrictions described in these procedures.

(b)             General Overview of Private Business Use Restrictions

The tax rules prohibit private business use (use by private parties, including nonprofit organizations and the federal government) of tax-exempt financed facilities beyond permitted de minimis amounts unless cured by a prescribed remedial action.  Private business use may arise as a result of:

1.                Sale of the financed facility;

2.                Lease of the facilities (including leases, easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers);

3.                Management or service contracts in which the Borough authorizes a private party to operate all, a portion of, or any function of a financed facility (e.g., private management of a water or sewer system, cafeteria or healthcare facility); or

4.                Preference arrangements in which the Borough extends special legal entitlements or preferences to a private party with respect to a financed facility (e.g., preference parking in a public parking lot, naming rights, etc.).

The restrictions on private business use apply throughout the term of the Bonds.  An action described above, if taken after the Bonds are issued, could jeopardize the tax-exempt status of the Bonds; however, arrangements with private parties for use of financed facilities can often be structured to comply with an exception, or “safe harbor,” to the private business use restrictions.  Accordingly, the Borough should consult with its bond counsel whenever such an arrangement with a private party is being considered.  If the Compliance Officer identifies private business use of a Bond-financed project, the Compliance Officer will consult with bond counsel to determine whether such private business use will adversely affect the tax-exempt status of the Bonds, and if so, what remedial action is appropriate, if any.

(c)              General Overview of Arbitrage Requirements

The tax rules contain investment restrictions relating to Bond proceeds and other moneys relating to the Bonds.  Those arbitrage limits are set forth in the Tax Certificate for each Bond issue.  The Tax Certificate is included in the Bond closing transcript. Investment earnings on Bond proceeds should be tracked and monitored to comply with applicable yield restriction and rebate requirements.  Arbitrage is the difference between the yield on the Borough's Bonds and the investment income earned on the Bond proceeds invested in taxable instruments.  Under certain circumstances, the Borough may be required to rebate “positive arbitrage” that it earns to the U.S. Treasury. The Borough must calculate (or hire a consultant to calculate) rebate liability for each Bond issue, and make any required rebate payments on a timely basis.  The Borough may retain bond counsel, or another arbitrage rebate consultant, to perform any rebate calculations that are required to be made from time to time with respect to any Bond issue. 

The rebate calculation dates are described in the Tax Certificate related to each issue of Bonds, but are generally every fifth (5th) anniversary date of the Bond issue through the final maturity or redemption date of a Bond issue.  A final rebate payment must be made within sixty (60) days of the final maturity or redemption date of a Bond issue.

(d)             Document Retention Requirements

Copies of all documents and records sufficient to document the expenditures and uses of Bond proceeds and Bond-financed facilities will be maintained by the Borough for the term of a Bond issue (including refunding bonds, if any) plus six (6) years, including the following documents and records:

1.                Bond closing transcripts;

2.                Copies of records of investments, investment agreements, credit enhancement transactions, financial derivatives (e.g., an interest rate swap), arbitrage reports and underlying documents, including trustee statements;

3.                Copies of material documents relating to expenditures financed or refinanced by Bond proceeds, including (without limitation) payment records, as well as documents relating to costs reimbursed with Bond proceeds and records identifying the assets or portion of assets that are financed or refinanced with Bond proceeds;

4.                All leases, management agreement, or other contracts and arrangements involving private use, or changes in use, of the Bond-financed property; and

5.                A list (which does not have to be independently created but can be satisfied by reference to existing bond ordinances and computerized records) of assets financed with Bond proceeds, including, if applicable, placed in service dates.

(e)              Ongoing Training

Training shall be made available to the Compliance Officer to support the Compliance Officer’s understanding of the tax requirements applicable to the Bonds.  Such training may include, but would not be limited to, attending training sessions at local conferences sponsored by, among others, the New Jersey Government Finance Officer’s Association, the New Jersey State League of Municipalities, the New Jersey Association of Counties, the New Jersey Tax Collectors and Treasurers Association and Rutgers University, participation in IRS teleconferences, reading technical guidance materials provided by educational organizations, the IRS, and/or bond counsel, and discussing questions and issues with the Borough’s bond counsel and/or arbitrage rebate consultant.

(f)              Annual Completion of Tax-Exempt Debt Compliance Checklist

The Compliance Officer will complete the attached “Annual Tax-Exempt Debt Compliance Checklist” with respect to all outstanding Bonds on or before December 31 of each annual period.  The Compliance Officer will retain a copy of each completed and signed checklist in a file that is retained in accordance with the document retention requirements described in Section IV above.

BOROUGH OF WILDWOOD CREST, IN THE
COUNTY OF CAPE MAY, NEW JERSEY

Form of Annual Tax-Exempt Debt Compliance Checklist
(to be completed by the “Compliance Officer” as described in the Tax-Exempt Debt Compliance Procedures)

Date Completed:____________________

 

Yes

No

Has there been a sale of all or any portion of a facility financed with tax-exempt bonds or notes (a “Project”)?

 

 

Has there been a lease of all or any portion of a Project to any party other than a state or local government?

 

 

Has the Borough entered into a new, or amended an already existing, management or service contract related to a Project?

 

 

Has the Borough entered into a naming rights agreement relating to all or any portion of a Project?

 

 

Has the Borough entered into any other arrangement with an entity, other than a state or local government, that  provided legal rights (such as a right to use) to that entity with respect to a Project?

 

 

Has the Borough invested the proceeds of its tax-exempt bonds or notes at a yield in excess of the arbitrage yield on such bonds or notes?

 

 

Has the Borough failed to comply in any material respect with the record retention requirements described in Section IV of the Tax-Exempt Debt Compliance Procedures previously established by the Borough?

 

 

If an answer to any question above is “Yes”, or the answer is unclear, the Compliance Officer shall consult with the Borough’s bond counsel to determine (i) if the event could adversely impact the tax-exemption of the Borough’s outstanding tax-exempt debt and/or (ii) whether any action needs to be taken during the upcoming annual period to ensure compliance with the tax-exempt debt restrictions.

The undersigned is the “Compliance Officer” as described in the Tax-Exempt Debt Compliance Procedures previously established by the Borough and has completed the above checklist to the best of the knowledge of the undersigned.

__________________________________
Name:   

Title:      Compliance Officer/Chief Financial Officer

 

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 1107-13

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 she is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of September 25, 2013.

 

Sealed bids will be received by the Board of Commissioners in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, October 8, 2013 at 11:00 A.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:

 

DEMOLITION OF FORMER CLUBHOUSE STRUCTURE ON HEATHER ROAD BEACH PIER

 

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 1108-13

Approval to Submit a Grant Application and Execute a Grant Contract With the New Jersey Department of Transportation for the West Buttercup Road, between Park Boulevard and New Jersey Avenue, Project

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, formally approves the grant application for the above stated project; and

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to submit an electronic grant application identified as No. 00565 to the New Jersey Department of Transportation on behalf of the Borough of Wildwood Crest; and

 

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Wildwood Crest and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

 

My signature and the Clerk’s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the above resolution.

 

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 1109-13

WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected from the property owner or it's designee an excess amount on 2013 property taxes and/or utility payments; and

 

               WHEREAS, an overpayment was created for the reason listed below, and

               WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

133.01-4                             Manfredi, Frank & Georgeanne                                   Amount

2013 Tax                            321 E Denver Ave                                                       $2,166.96

                                             Homeowner & Mortgage Company

                              both paid 2013 3rd quarter taxes.

                                             Refund overpayment to Investors Bank     

 

               NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on September 18, 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 1110-13

WHEREAS, on September 5, 2013 , WILLIAM SCHACHT and EVA ANTICH , 911 Arnold Ave. , Point Pleasant, NJ 08742 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on September 28, 2013 ,  at 2:00 p.m., on the BEACH in front of the Acacia Motel, 9101 Atlantic Ave. ; and

                                                                                                                                               

WHEREAS,  WILLIAM SCHACHT and EVA ANTICH, 911 Arnold Ave., Point Pleasant, NJ 08742 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 she is hereby authorized and directed to issue a Special Events Permit to  WILLIAM SCHACHT and EVA ANTICH , 911 Arnold Ave., Point Pleasant, NJ 08742 for the purpose of a WEDDING to be held on September 28, 2013 , at 2:00 p.m., on the BEACH in front of the Acacia Motel, 9101 Atlantic Ave.

 

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 1111-13

WHEREAS, on August 26, 2013, the NORTH AMERICAN POWER KITE ASSOCIATION (NAPKA) , P.O. Box 1358 , Westport, WA 98595 , applied for a Special Events Permit for the purpose of a KITE BUGGY EVENT   to be held from October 14 through October 20, 2013 ,  on the Beach from Rosemary Rd. to Jefferson Ave. ; and

                                                                                                                                               

WHEREAS,  WILLIAM SCHACHT and EVA ANTICH, 911 Arnold Ave., Point Pleasant, NJ 08742 has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and he is hereby authorized and directed to issue a Special Events Permit to  WILLIAM SCHACHT and EVA ANTICH , 911 Arnold Ave., Point Pleasant, NJ 08742 for the purpose of a WEDDING to be held September 28, 2013, at 2:00 p.m., on the BEACH in front of the Acacia Motel, 9101 Atlantic Ave.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all reports received from the Court Administrator, the CFO, the Tax Collector, the Chief of Police and the Recreation Supervisor for the month ending August 31, 2013 be accepted as presented and filed.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the Commission Meetings Minutes held August 21 and September 4, as well as the Special Meeting held August 27, 2013 and the Closed Session Minutes of August 21, and September 4, 2013 be approved as presented.

Vote:          Gould-Cabrera-Groon-   Yes

 

The mayor opened the floor for comments.  Robert Patterson, 8405 Seaview Avenue, indicated that he has concerns with extending the bike path on Seaview Avenue due to the amount of traffic and he would like it the idea to be reconsidered.  The mayor indicated that he knew of no one that was originally against putting the bike path on the beach and the conversation may be revisited.  Secondly, the Mayor indicated that the bike path extended through the end of our community, and the proposed work is not in Wildwood Crest. Furthermore, New Jersey Wildlife controls the northern end of the Coast Guard section and that is who handles this with the County. 

 

Sue Patterson, 8405 Seaview Avenue, voiced her concerns over the amount of strollers in the bike path.  The Chief indicated that there was actually a decrease in the number of accidents in the southern section of Seaview Avenue. 

 

Rich Cioll, 9305 Seaview Avenue, commented about the flooding from the most recent storm.  He contends they are in a flood zone and it is unsanitary and would like some proactive movement.  The meeting on September 21, 2013 will also have the Borough engineers there to discuss the problems. 

 

Joe Visconi, 308 E. Washington Avenue, also voiced concerns on the flooding issues in the southern section of the island. 

 

Nancy Pietropaoli, 6002 Seaview Avenue, also addressed the flooding problems.  She indicated that between Cardinal and Aster on Seaview (west side) they have a problem.  She was requesting signage regarding heavy rain in the area. 

 

The mayor indicated that with regard to new business and the Update of the Administrative Communications, they have prices in and will discuss at next meeting.  The second order of new business is Naming of Parks and Facilities and this would be revisited for a potential resolution for the first meeting in January.  The last order of new business is parking meters and the Chief of Police has submitted a memorandum to address the issue.  Mrs. Gould addressed the points of the proposal and how it suggests making parking $0.25 per fifteen minutes ($1.00 per hour) is fair.  Also, she likes the idea of having two parking permits: one for Atlantic Avenue only and one for the entire town.  It was also suggested to make permits valid from May 15th to September 12th.  Another issue addressed was Crest Pier parking for staff with suggestions.  Lastly, it was suggested to engage a credit card company for all meters. All of the points would help the traffic problem on Atlantic Avenue.  It was determined to revisit this within the next few weeks to allow time for estimates from credit card companies and to plan for the budget. 

 

With regards to old business, there are a few items on 2013 Capital Improvements.  Some issues will be discussed in the future staff meeting.  Currently, the Washington Avenue Playground is still being held up due to going over the plans with residents.  The mayor suggested that before or after the next meeting the governing body need to go to Rambler Road to familiarize themselves with the problem (bike path).  Lastly, the widening of the bike path is still pending on information from the engineer.  The last order of old business is the “branding” concept of Wildwood Crest and it was settled to revisit in January.

 

There being no public comments, and no further matters for discussion in open session,

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 1112-13

 

Authorizing Executive/Closed Session in accordance with the provisions of the Open Public Meetings Act, specifically N.J.S.A. 10:4-12(b) for personnel matters and contract negotiations, specifically, long-term administrative strategic plan and GWITDA TDF event funding contract

 

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 (2) 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, September 18, 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) 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 _________________________________________

 

________            “(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 ________________________

 

________            “(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 _________________________ and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is GWTIDA event funding contract

 

__1_____            “(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 long-term administrative strategic plan.

 

________            “(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 copy 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.

 

After there being no further comments, 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: October 24, 2013

Janelle M. Holzmer, Borough Clerk  

MINUTES OF MEETINGS INDEX