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Minutes of Commissioners Meeting   -   February 5, 2014

Note:  Complete Meeting Appears on CD #07-14 on File in the Borough Clerk's Office. February 5, 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 9:30 a.m.  On roll call the following answered to their names:

 

Gould - Cabrera – Groon – Yes

 

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

 

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

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 60-14

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, to apply to the Greater Wildwoods Tourism Improvement and Development Authority (GWTIDA) for funding for various Borough-sponsored events in 2014;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Commissioner of Public Works and Property be, and he is hereby authorized to execute and submit to GWTIDA Funding of Events for seven (4) Borough-sponsored events, as follows:

 

Name of Event                                                                               Amount to be Requested

 

Wildwood Crest 5K Beach Race                                                $                  3,000.00

 

Wildwood Crest Seafarers Celebration                                                       10,000.00

 

Sand Sculpting Contest                                                                                  11,000.00

 

Fourth of July Patriotic Show                                                                         3,000.00

 

BE IT FURTHER RESOLVED that the Commissioner of Public Works and Property and the Borough Clerk be and they are hereby authorized to execute any and all agreements with GWTIDA designating the Borough of Wildwood Crest as “Promoter” on behalf of GWTIDA for the above referenced events.

 

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 62-14

 

         WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance of Community Rating System (CRS) Consulting 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, SAL DeSIMONE has completed and submitted a Business Entity Disclosure Certification which certifies that SAL DeSIMONE will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing February 5, 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 SAL DeSIMONE, who shall be compensated by voucher at the agreed upon hourly rates, not to exceed $9,500, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said SAL DeSIMONE 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 63-14

 

WHEREAS, there exists the need for the “Professional Services” of a firm to be retained by the Borough for the performance and providing of a system for the payment of street parking by mobile telephone 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, PARKMOBILE USA, INC., has completed and submitted a Business Entity Disclosure Certification which certifies that PARKMOBILE USA, INC. will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing February 5, 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 PARKMOBILE USA, INC., who shall be compensated pursuant to Schedule 3 of the attached Agreement, contingent upon certification below from the Chief Financial Officer as to the availability of funds, and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said PARKMOBILE USA, INC. 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. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 64-14

WHEREAS, the term of Carmen Bersani as a member of the ZONING BOARD of the Borough of Wildwood Crest expired December 31, 2013; and

 

WHEREAS, Carmen Bersani was not re-appointed as a member of the ZONING BOARD of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to name a replacement member of the ZONING BOARD;

 

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 BRIAN J. STUART be and he is hereby 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 65-14

WHEREAS, Resolution No. 36-14 dated January 3, 2014 contained a typographical error and must be amended;

 

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 Resolution No. 36-14 be amended as follows:

 

That FRED METTLER be and he is hereby appointed as Alternate No. 2 member of the PLANNING BOARD of the Borough of Wildwood Crest to fill the unexpired term of Alicia Belansen as Alternate No. 2 on the Planning Board of the Borough of Wildwood Crest for said unexpired term, commencing effective January 1, 2014 and expiring December 31, 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 66-14

WHEREAS, a vacancy exists for Alternate No. 1 member of the PLANNING BOARD of the Borough of Wildwood Crest; and

 

WHEREAS, Carl H. Groon, Mayor of the Borough of Wildwood Crest, wishes to appoint PETER COMPARE to this position; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to acknowledge this appointment;

 

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 COMPARE be and he is hereby appointed as Alternate No. 1 Member of the PLANNING BOARD of the Borough of Wildwood Crest for a two (2) year term commencing January 1, 2014, and expiring December 31, 2015.

 

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 67-14

WHEREAS, Ordinance No. 1175, adopted September 18, 2013, permits the duties of the Borough Administrator to be specified by resolution of the Board of Commissioners of the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Board of Commissioners to set forth the minimum duties to be performed by said Borough Administrator;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and State of New Jersey, that the minimum duties of the Borough Administrator shall be as follows:

 

1.                That the Municipal Administrator shall be the Chief Appointed Administrative Officer of the Borough, and shall coordinate the administrative affairs of all Borough departments, officers, employees, agencies and agents of the Borough. In addition, the Municipal Administrator shall specifically:

a.                be the principal appointed administrative official responsible for competitive contracting, negotiation of all employee contracts;

b.                coordinate annual budget process, including development with CFO of capital improvement plan;

c.                be responsible to carry out all Borough policies and procedures duly established by the Board of Commissioners, and to ensure compliance in accordance therewith;

d.                sign each departmental personnel transaction, which signature shall confirm compliance with all duly established Civil Service rules and regulations and that said transaction is otherwise proper in all respects prior to any final action being authorized by each Appointing Authority or as necessary or required by the full governing body;

e.                conduct staff meetings as necessary and report directly to the Board of Commissioners at least monthly or as otherwise directed by the Board, and shall act as liaison to the Board with all federal, state and local agencies and offices except where otherwise provided by statute, rule or regulation;

f.                 serve as authorized agent for each Appointing Authority in civil service matters, where applicable and coordinate the maintenance of a sound personnel system, inclusive of all policies and administrative practices appertaining thereto;

g.                serve as public information officer for the dissemination/communication of all

               duly established municipal ordinances, resolutions, and all                other                rules and

               regulations, including the preparation of any press                releases in accordance therewith,

               but excluding required statutory   compliance with the Open Public Records Act and

               the Open Public Meetings Act;

h.            with approval of the Board of Commissioners and in conjunction with the Borough Clerk, be responsible for the administration of the entire insurance program for the borough and notify the governing body promptly of any issues of potential liability or issues requiring emergency action; this responsibility excludes claims coordination for all lines of insurance coverage as otherwise assigned;

i.             serve as Grants Coordinator/Liaison with all grant administration vendors   and the CFO;

j.               in conjunction with the Borough Clerk and Solicitor, assist with   

      ordinance/resolution development and provide follow-up after being enacted;

k.            attend all public meetings of the governing body;

l.             the powers of the Administrator shall not supersede the powers of the

      Board of Commissioners, and as such the Director of their individual

      departments;

m.           such other duties as may be assigned from time to time by the Board of         Commissioners

 

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 68-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that a “JIF SAFETY CONTRACT” with the ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND be and the same is hereby authorized and approved for participation in the annual Safety Incentive Program.

 

BE IT FURTHER RESOLVED that all designated and currently named Department Heads, specifically representing: POLICE, RECREATION, PUBLIC WORKS, AMBULANCE/RESCUE, AND ADMINISTRATION as set forth therein be and the same are likewise authorized, directed, and empowered to execute that portion of the contract which evidences participation in the aforesaid Safety Incentive Program as well as compliance with all requirements appertaining thereto.

 

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 69-14

WHEREAS, on January 8, 2014 , JENNIFER COPPERTINO , 1416 S. Beulah St. , Philadelphia, PA 19147 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on June 29, 2014 or rain date June 30, 2014 ,  from 2:00 pm to 5:00 pm,   on the BEACH at ST. PAUL AVE. ; and

                                                                                                                                               

WHEREAS,  JENNIFER COPPERTINO, 1416 S. Beulah St., Philadelphia, PA 19147, 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 she is hereby authorized and directed to issue a Special Events Permit to  JENNIFER COPPERTINO , 1416 S. Beulah St., Philadelphia, PA 19147 for the purpose of a WEDDING to be held on June 29, 2014 or rain date June 30, 2014 , from 2:00 pm to 5:00 pm,  on the BEACH at ST. PAUL 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

 

The Mayor then opened the floor for public comments.  Nancy Pietropaoli, 6002 Seaview Avenue, asked about a status update with the library.  The Mayor indicated the County forwarded a schedule that was distributed to the governing body and he would also send a copy with Mrs. Pietropaoli.  He also pointed out that they had hoped to break ground before the summer and was expected to last approximately 16 months.  Mrs. Pietropaoli had a follow up question regarding the Fishing Pier and when it would be open to walk the pier again.  The Engineer informed Mrs. Pietropaoli that a new deck would be erected shortly. 

 

After no further comments from the public, the Mayor opened the discussion of New Business.  The Mayor wanted to add that they should consider ice cream contracts, beach vending, and bike concessions with regards to the number of years and possibly considering expiration dates to be similar.  The commissioners decided that ice cream and beach vending would be three year bid and the bike concessions would be four.  The Mayor noted on the record that next year’s contract would be three years for the ice cream and beach vending. 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 61-14

 

NOTICE TO BIDDERS

 

BOARD OF COMMISSIONERS

 

BICYCLE RENTAL CONCESSION

CONCESSION #8A

CONCESSION #3

 

 

NOTICE IS HEREBY GIVEN that oral bids will be received at public auction to be held on February 25, 2014, at 11:00 A.M. by the Borough Clerk of the Borough of Wildwood Crest, in the Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, for the rental of Concessions Nos. 3 and 8A, Bicycle Rental Concessions, at specific locations as indicated below. Terms and conditions relating to the lease of said concessions will be available at the Office of the Borough Clerk at Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey. The Board of Commissioners of the Borough of Wildwood Crest reserve the right to accept or reject any or all bids and/or to waive any informality in any bid, without disclosure of the reason therefor, and reserve the right to forthwith revoke the privileges granted, and to rescind any lease entered into for said concessions upon violation of any Ordinance now or hereafter passed, condition or regulation governing the operation of, and management of, such concessions, and the decision of said Board shall be deemed final both in law and equity.

 

                                                            BY ORDER OF THE BOARD OF COMMISSIONERS

                                                            Janelle M. Holzmer, Borough Clerk

 

Dated:   February 5, 2014

Publish: February 12, 2014

 

SCHEDULES

Concession No. 3

 

Description:   Bicycle stand located at Heather Road and Beach Drive, otherwise known as Block 21.04, Lot 8 in the Borough of Wildwood Crest.

 

Concession No. 8A

 

Description:  Bicycle stand located on Rambler Road, the area of the leasehold to be at a specific location to be determined by the Board of Commissioners.

 

Term:  May 1, 2014 to April 30, 2018

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The next topic was the Army Corps of Engineers Study.  Commissioner Cabrera informed the governing body that the meeting that was supposed to take place had to be postponed due to bad weather.  The next meeting is scheduled for Friday, February 7, 2014, at 12:30 in Borough Hall to discuss the potential concerns.  More information would be forthcoming after the meeting.  Commissioner Cabrera indicated that there would be another 30 days before the Army Corps wanted a decision. 

 

The next topic was the Capital Plan – Five Years (2014-2018).  Commissioner Cabrera indicated he and the Engineer and Public Works Superintendent compiled a list regarding a Capital List.  He also pointed out the list was provided to the governing body previously and that it encompasses building projects, infrastructure, beach projects, bike path improvements, recreational improvements, etc.  The Engineer gave input on what streets need to be addressed.  The Mayor asked if there was one major investment for each year that side streets and Pacific Avenue would be the next two and the Engineer concurred.  There was a caveat if the County indicated at any point that they were going to reconstruct their portion of New Jersey Avenue, the Borough would have to take a serious look at the sanitary sewers on that road.  The Mayor indicated a proposed timeline with the commissioners that Pacific Avenue gets addressed in 2016 and investments in side streets for the years of 2017 and 2018.  The Mayor also added that grants should be sought out for these projects.  The Mayor pointed out that the Recreation Center needs to be adjusted and it too is a priority and perhaps in 2016.  

 

With the conclusion of the Capital Plan under new business, old business was opened for discussion.  Commissioner Gould voiced interest in going to Rambler Road to walk through the proposed plan and Mayor Groon’s concern was the circle and for the upcoming season, to perhaps make the driveway bigger.  The Commissioners agreed to hold a Special Meeting on February 12, 2014 at 9:30 a.m. to discuss Rambler Road and go see proposed changes as well as administration as per the Mayor. 

 

 

 

 

After no further comments from the public,   

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 70-14

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 one (1) 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, February 5, 2014 at 9:30 A.M.; and

 

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

 

_______              “(1) 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 ____________________________________________________

 

________            “(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 ______________________________

 

____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 Borough Administrator Candidates

 

________            “(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, 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