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Minutes of Commissioners Meeting   -   January 22, 2014

Note:  Complete Meeting Appears on CD #05-14 on File in the Borough Clerk's Office. January 22, 2014
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 26, 2013.

 

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

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1183 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. 1183

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. 1183.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1183 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1183 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. 1184 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. 1184

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENTS TO MUNICIPALLY OWNED PROPERTY AND ACQUISITION OF VARIOUS EQUIPMENT AND APPROPRIATING THEREFOR THE AMOUNT OF $340,500 FROM THE CAPITAL IMPROVEMENT FUND

 

Mr. Groon motioned, seconded by Mrs. Gould, that a public hearing now be held on Ordinance No. 1184.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1184 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1184 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. 1185 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. 1185

AN ORDINANCE AMENDING CHAPTER 85 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, LAND DEVELOPMENT ORDINANCE, ARTICLE XVIII, GUARANTEES, INSPECTIONS AND OFF-TRACT IMPROVEMENTS, SECTION 85-139 – FEES – TO CREATE AN ADMINISTRATIVE TAX MAP MAINTENANCE FEE

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1185.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1185 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1185 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 47-14

WHEREAS, there exists the need for the “Professional Services” of a COST REPORTING AND REIMBURSEMENT SPECIALIST, to be retained by the Borough for the performance of preparation of fixed assets accounting and reporting system and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

         WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et. seq. for said award;

 

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

 

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

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with TAG CONSULTING GROUP, who shall be compensated by voucher at the agreed upon rates, not to exceed $3,500.00, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Engineer is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

         3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

        

4.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in the Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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 48-14

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of Community and Economic Development Services and related duties associated therewith as directed by the authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

         WHEREAS, TRIAD ASSOCIATES, has completed and submitted a Business Entity Disclosure Certification which certifies that TRIAD ASSOCIATES will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing January 22, 2014 to any political committee or candidate through the term of this contract. Said term shall expire December 31, 2014.

 

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

 

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

 

         2.  That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with TRIAD ASSOCIATES, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $2,500, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said TRIAD ASSOCIATES is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

 

         3.  That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contact falls within.

 

         4.    The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

         5.  That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in The Herald of Cape May County as required by law within ten (10) days of passage of the Resolution authorizing same.

 

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 49-14

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

 

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

 

WHEREAS, the Borough wishes to authorize purchases under the State Cooperative Purchasing contract subject to all the conditions applicable to the current State Contract.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that this Resolution shall constitute an authorization to purchase under the State Cooperative Purchasing contract, subject to all conditions applicable to the current State Contract.

 

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

 

BE IT FURTHER RESOLVED that the duration of this Agreement shall be until December 31, 2014 or upon expiration of a particular vendor’s State Contract, whichever event first occurs.

 

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 50-14

WHEREAS, bids have been received in response to advertisement of Notice to Bidders

published in The Herald issue of December 18, 2013, for the following item:

 

Department of Public Works Garage Building Renovations; and

 

WHEREAS, MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, submitted the low bid in the amount of Four Hundred Twenty Thousand One Hundred Five Dollars and Zero Cents ($420,100.00) for the Base Bid ($360,000.00) Plus Add Alternate #1 ($8,600.00) plus Add Alternate #4 ($51,500.00); and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, for the bid amount of Four Hundred Twenty Thousand One Hundred Five Dollars and Zero Cents ($420,100.00) for the Base Bid ($360,000.00) Plus Add Alternate #1 ($8,600.00) plus Add Alternate #4 ($51,500.00), to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, for the total bid amount of Four Hundred Twenty Thousand One Hundred Five Dollars and Zero Cents ($420,100.00) for the Base Bid ($360,000.00) Plus Add Alternate #1 ($8,600.00) plus Add Alternate #4 ($51,500.00).

 

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. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, MJJ Construction, LLC, 471 White Horse Pike, Atco, New Jersey 08004, for the total and complete project bid of Four Hundred Twenty Thousand One Hundred Five Dollars and Zero Cents ($420,100.00) for the Base Bid ($360,000.00) Plus Add Alternate #1 ($8,600.00) plus Add Alternate #4 ($51,500.00), and is subject to certification below as to the availability of funds by the Chief Financial Officer.
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest, provided necessary funds are available as evidenced by the certification of availability of funds below from the Chief Financial Officer, and that adequate funding is ultimately committed by the governing body in the affected contract years.

 

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 51-14

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 January 29, 2014.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on THURSDAY, FEBRUARY 11, 2014 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:

 

ONE (1) SIX WHEEL PURE VACUUM STREET SWEEPER

WITH BROOM ASSIST

 

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 52-14

WHEREAS, South Jersey Gas Company, on behalf of the Borough of Wildwood Crest, has sought a waiver of street opening permit fees in the amount of $1,700 for a project situated on Newark Avenue between Bayview Drive and New Jersey Avenue, in the Borough of Wildwood Crest, New Jersey; and

 

WHEREAS, South Jersey Gas Company has agreed to perform the requisite work at no charge to the Borough of Wildwood Crest; and

 

WHEREAS, Section 67-7(E) of the Code of the Borough of Wildwood Crest does permit the Board of Commissioners to impose or modify special conditions with respect to the issuance of any permit in this regard; and

 

WHEREAS, Ralph Petrella, P.E., Borough Engineer, has recommended that South Jersey Gas Company, on behalf of the Borough of Wildwood Crest, be exempted from the payment of any street opening permit fees in conjunction with this project in accordance with the aforesaid representation;

 

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

 

               2. The waiver of permit fees in the amount of $1,700 as sought by South Jersey Gas Company, be and the same is hereby granted.

 

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 53-14

WHEREAS due to a typographical error, it is necessary to amend Resolution 1175-13 adopted on December 27, 2013;

NOW, THEREFORE IT BE RESOLVED THAT IT BE AMENDED AS FOLLOWS, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Municipal Court Administrator be and is hereby authorized to void the following checks issued against the Borough of Wildwood Crest Municipal Court General Account and to void the following check against Borough of Wildwood Crest Bail Account:

 

Wildwood Crest Municipal Court General Account (# 549015652 / Crest Savings)

 

Check #

Check Date

Payable To

Amount

1955

01/11/2012

Rosie Eleby

$3.00

1994

07/11/2012

Michael Stengel

$10.00

 

TOTAL AUTHORIZED TO BE VOIDED

$13.00

 

Wildwood Crest Municipal Court Bail Account (# 549015736 / Crest Savings)

 

Check #

Check Date

Payable To

Amount

3167

08/16/2012

Farlow III, Charles

$1.00

 

TOTAL AUTHORIZED TO BE VOIDED

$1.00

 

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 54-14

WHEREAS, the term of PETER CAVA as a Member  of the ZONING BOARD of the Borough of Wildwood Crest expired December 31, 2013; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to re-appoint PETER CAVA to this position;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that PETER CAVA be and he is hereby re-appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for a four (4) year term commencing January 1, 2014, and expiring December 31, 2017.

 

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 55-14

A Resolution Re-Appointing Thomas DePaul as

Emergency Management Coordinator for the

Borough of Wildwood Crest, New Jersey

 

WHEREAS, Thomas DePaul has the necessary qualifications to perform the duties of Emergency Management Coordinator for the Borough of Wildwood Crest; and

 

WHEREAS, Thomas DePaul has served the Borough of Wildwood Crest as Chief of Police from February 10, 2003 through December 31, 2013, and as Coordinator of the Local Defense Council/Local Emergency Planning Committee of the Borough of Wildwood Crest since 2003; and

 

WHEREAS, the Mayor has re-appointed Thomas DePaul to the position of Emergency Management Coordinator, without compensation, and it is the desire of the Board of Commissioners to confirm and ratify this re-appointment;

 

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 they hereby confirm the appointment of Thomas DePaul as Emergency Management Coordinator for the Borough of Wildwood Crest for a term of three (3) years commencing January 1, 2014, without compensation.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 56-14

Resolution Supporting NBC 40

 

WHEREAS, NBC 40 has served South Jersey communities for the past forty-five years as the only true source of local television news and information; and

 

WHEREAS, the owner of NBC 40, Access 1 Communications, has signed a contract of sale with Locus Point Networks (LPN); and

 

WHEREAS, LPN is purportedly not a television broadcaster and may be solely interested in selling the channel’s frequency at an FCC auction; and

 

WHEREAS, NBC 40 is a vital resource to South Jersey residents in times of dangerous weather conditions while the larger Philadelphia stations do not provide information unique to the circumstances of shore and island communities; and

 

WHEREAS, NBC 40 also reports on local area news and sports, bolstering a sense of South Jersey pride; and

 

WHEREAS, it is the opinion of this Board of Commissioners that losing NBC 40 would be a great loss to South Jersey in many ways, but none as important as the vital role it plays in public health, safety and welfare, particularly in weather emergencies.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey does hereby implore Access 1 and the FCC that if NBC 40 must be sold, to find a buyer who will pledge to keep South Jersey’s life-saving voice on the air.

 

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to all municipalities in Cape May County.

 

Mrs. Gould motioned, seconded by Mr. Groon, 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, CFO, Tax Collector, Chief of Police and Recreation Supervisor for the month ending December 31, 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 held December 27, 2013, January 3, 2014, Special Meetings of January 8, 2014, January 9, 2014, and January 16, 2014, as well as Closed Sessions of January 8, 2014, January 9, 2014, and January 16, 2014 be approved as presented.

Vote:          Gould-Cabrera-Groon-Yes

                  

The floor was opened for public comment.  After hearing no comments, new business was introduced.  The first topic was Army Corps of Engineers Study.  Commissioner Cabrera informed the governing body that he met with Thomas Thornton, from Hatch Mott MacDonald, and Jim Verna, Borough engineer representative, Joe Bond, Superintendant of Public Works, and himself two weeks prior to discuss the proposal from the Army Corps of Engineers as it relates to the use of the sand from water line into the water.  Commissioner Cabrera indicated the meeting was a clarification of concerns and that there was also a follow-up meeting with the other municipalities at the Tourism Authority.  Also, there was a meeting scheduled with the Army Corps with Mr. Constantino to further discuss the proposal.  Mr. Thomas Thornton addressed the governing body by highlighting and summarizing six areas: general comments concerning storm damage in Wildwood Crest, Dunes and Beachfront Recreational Areas, Backpassing Proposal, the Issue of Ponding, Federal Jurisdiction, and Cost.  Mayor Groon indicated that after Friday’s meeting with the Army Corps, Hatch Mott MacDonald will take the document and upgrade it to reflect the details and put forth a response to the proposal. 

 

The second topic for New Business was the Capital Plan – Five Years (2014-2018).  Commissioner Cabrera indicated that the he was gathering opinions from the Borough Engineer and the Superintendent regarding infrastructure projects and equipment purchases.  Mayor Groon indicated the Borough has a critical issue with the side streets and he contended that two of the five years should be side streets and then Pacific Avenue.  Commissioner Cabrera added that another possible project could be the outfall lines and getting water to drain more quickly off of Seaview Avenue.  The Mayor added that the Five Year Plan is intended to let the public know where we are headed with projects.  The Commissioners determined to revisit this at the next meeting. 

 

The Mayor opened up Old Business with the first topic of 2013 Capital Improvements (Rambler Road bike access).  Commissioner Cabrera pointed out that the objective was to take the existing access way and to widen it instead of moving it westerly and just to continue to follow the curve and the path and put up bollards and bicycle racks. The Commissioners agreed to review the plans and visit this again at the next meeting. 

 

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

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 57-14

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

 

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

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that two (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, January 22, 2014 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 Borough of Wildwood Crest and Wildwood Crest Volunteer Fire Company No. 1

and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is volunteer health insurance.

 

__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 employment of Borough Administrator.

 

________            “(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.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, the clerk read the following Resolution:

 

Authorizing Commissioner Gould to determine which insurance plan is to be offered to the Volunteer Fire Company No. 1in accordance with current Borough Ordinance 1087.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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: February 26, 2014

Janelle M. Holzmer, Borough Clerk

 

MINUTES OF MEETINGS INDEX