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Minutes of Commissioners Meeting   -   February 26, 2014

Note:  Complete Meeting Appears on CD #10-14 on File in the Borough Clerk's Office. February 26, 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.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1186

A CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENT OF THE STORM SEWER SYSTEM IN AND BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND APPROPRIATING THEREFOR THE AMOUNT OF $100,000 FROM GENERAL CAPITAL FUND BALANCE

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1186 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 12, 2014 at 9:30 a.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1187

ORDINANCE TO ESTABLISH CAP BANK FOR

CY2014 PURSUANT TO N.J.S.A. 40A:4-45.14

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1187 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, March 12, 2014 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 73-14

WHEREAS, by statute, when a municipality raises school taxes on a school year basis, an amount of not more than 50% of the levy may be deferred to the following year; and

 

WHEREAS, 50% of the school tax levy of the Borough of Wildwood Crest school district is $3,240,006.50.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, desires to defer school taxes to the year 2014 in the amount of $1,150,000.

 

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 74-14

WHEREAS, Borough of Wildwood Crest Ordinance Numbers 947 and 1065 contain formulas for the calculation and establishment of annual sewerage rates, including the current year Variable Rate Fee; and

 

               WHEREAS, the said calculations have been prepared and reviewed in accordance with the aforementioned Ordinances Numbered 947 and 1065; and

 

               WHEREAS, it is promulgated in Ordinance No. 947 the Commissioner of Revenue and Finance shall submit the proposed sewerage rates and minimum charges to the Board of Commissioners for confirmation by resolution; and

 

               WHEREAS, the rates as calculated, reviewed and submitted are as follows:

 

               Fixed Rate Charge:           $4.00 per 1000 gallons of metered water consumption

               Variable Rate Charge:      $23.01 per 1000 gallons of metered water consumption

               Minimum Annual Charge:              $124.00

 

               WHEREAS, the due date for the first quarter will be April 1, 2014 with a ten day grace period.

 

               NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May and the State of New Jersey, that the sewerage rates and minimum charges as presented by the Commissioner of Revenue and Finance be confirmed for calendar year 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 IN FULL:

RESOLUTION 75-14

SUBJECT:  LOCAL BUDGET OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY, FOR THE FISCAL YEAR 2014

 

BE IT RESOLVED that the following statements of revenue and appropriations shall constitute the local budget for the year 2014.

 

BE IT FURTHER RESOLVED that said budget be published in The Cape May County Herald issue of March 12, 2014.

 

NOTICE is hereby given that the budget and tax resolution were approved by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey on February 26, 2014.

 

A hearing on the budget and tax resolution will be held in the Municipal Court Room in Borough Hall on Wednesday, MARCH 26, 2014 AT 7:00 P.M., Municipal Court Room, Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, at which time and place objections to said budget and tax resolution for the year 2014 may be presented by taxpayers and other interested persons.

        

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 76-14

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 March 5, 2014.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Tuesday, March 18, 2014 at 11:30 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:

 

WEST SIDE DRAINAGE, PHASE 4

(CROCUS BETWEEN SUNSET LAKE AND PARK BOULEVARD; ASTER ROAD BETWEEN SUNSET LAKE AND PARK BOULEVARD; LAKE ROAD BETWEEN CROCUS AND HEATHER ROADS)

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 77-14

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 March 5, 2014.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on TUESDAY, MARCH 18, 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:

BEACH CLEANER WITH HYDRAULIC PUMP POWER

 

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 78-14

A RESOLUTION APPOINTING LIEUTENANT JOSEPH McGRATH AS EMERGENCY MANAGEMENT COORDINATOR FOR THE BOROUGH OF WILDWOOD CREST, NEW JERSEY

 

WHEREAS, Thomas DePaul, as retired Chief of Police of the Borough of Wildwood Crest, was reappointed on January 22, 2014, to serve as Emergency Management Coordinator/and as Coordinator of the Local Defense Council/Local Emergency Planning Committee of the Borough of Wildwood Crest, and

 

WHEREAS, former Chief Thomas DePaul has submitted a letter of resignation dated February 14, 2014, as to his reappointment for same, and

 

WHEREAS, Lieutenant Joseph McGrath has the necessary qualifications to perform the duties of Emergency Management Coordinator, and as Coordinator of the Local Defense Council/Local Emergency Planning Committee of the Borough of Wildwood Crest.

                

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that Lieutenant Joseph McGrath be and is hereby appointed as Emergency Management Coordinator, and as Coordinator of the Local Defense Council/Local Emergency Planning Committee of the Borough of Wildwood Crest for a term of three (3) years commencing with the adoption of this Resolution, and

 

BE IT FURTHER RESOLVED that Lieutenant Joseph McGrath shall be compensated annually in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the duties to be performed by him in accordance with N.J.S.A. (Appendix A:9-33, et seq.) as identified in copy of same attached hereto and made a part hereof and for all duties required to be performed by Lieutenant McGrath as Coordinator of the Local Emergency Planning Committee of the Borough of Wildwood Crest.

 

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 79-14

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated January 22, 2014, and published in The Herald of Cape May County issue of January 29, 2014, for the following item:

 

ONE (1) SIX WHEEL PURE VACUUM STREET SWEEPER WITH BROOM ASSIST; and

 

WHEREAS, the Superintendent of Public Works and the Motor Pool Supervisor have reviewed the bids submitted and have provided a written opinion recommending that the contract be awarded to the “lowest responsible bidder” as referenced below; 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” as follows:

 

               GRAN TURK EQUIPMENT CO., INC., One Schuylkill Parkway, Building B, Bridgeport, PA 19405, for the total bid price of $232,500.00, more specifically as follows:

 

                                                                                          Bid Price              $244,500.00

                                                                                          Trade In               -                  12,000.00

                                                                                          Total Bid Price  $232,500.00

 

all subject to compliance with the bid specifications and confirmation from the Chief Financial Officer as to availability of funds.

 

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, as follows:

 

               1.  That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.

               2.  That contract be awarded to the successful bidders as aforesaid and for the total and complete bids amounts as indicated; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

               3.  That the Commissioner of Revenue and Finance and the Borough Clerk be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough provided necessary funds are available.

 

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 80-14

A Resolution to Affirm the Borough of Wildwood Crest’s Civil Rights Policy With Respect to all Officials, Appointees, Employees, Prospective Employees, Volunteers, Independent Contractors, and Members of the Public Who Come Into Contact with Municipal Employees, Officials and Volunteers

 

WHEREAS, it is the policy of the Borough of Wildwood Crest to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to, the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law Against Discrimination, the Americans With Disabilities Act and the Conscientious Employee Protection Act; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that certain procedures need to be established to accomplish this policy.

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:

 

               Section 1: No official, employee, appointee or volunteer of the Borough of Wildwood Crest, by whatever title known, or any entity that is in any way a part of the Borough of Wildwood Crest, shall engage, either directly or indirectly, in any act including the failure to act, that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the business of the Borough of Wildwood Crest, or using the facilities or property of the Borough of Wildwood Crest.

 

               Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough of Wildwood Crest to provide services that otherwise could be performed by the Borough of Wildwood Crest.

 

               Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

 

               Section 4: The Borough Clerk shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.

 

               Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.

 

               Section 6: The Borough Clerk shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough of Wildwood Crest, as well as all other entities subject to this resolution, to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.

 

               Section 7: The Borough Clerk shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.

 

               Section 8: At least annually, the Borough Clerk shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough of Wildwood Crest. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough’s website.

 

               Section 9: This resolution shall take effect immediately.

 

               Section 10: A copy of this resolution shall be published in The Herald of Cape May County in order for the public to be made aware of this policy and the Borough’s commitment to the implementation and enforcement of this policy.

 

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 81-14

WHEREAS, on January 31, 2014 , LOIS LOMBARDO , 113 E. Heather Rd. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on September 13, 2014 ,  from 2:30 p.m. to 4:30 p.m, at the Heather Rd. Beach Pier ; and

                                                                                                                                               

WHEREAS,  LOIS LOMBARDO, 113 E. Heather Rd., Wildwood Crest, NJ 08260, 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  LOIS LOMBARDO , 113 E. Heather Rd., Wildwood Crest, NJ 08260 for the purpose of a WEDDING to be held on September 13, 2014 , from 2:30 p.m. to 4:30 p.m, at the Heather Rd. 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 82-14

WHEREAS, on Jaunuary 30, 2014 , ELIANNE LIMAN , 36-11 Berdan Ave. , Fair Lawn, NJ 07410 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on August 10, 2014 (rain date 8/11/2014) ,  from 6:00 p.m. to 7:00 p.m., at the Sunrise Park Gazebo on Rambler Rd. ; and

                                                                                                                                               

WHEREAS,  ELIANNE LIMAN, 36-11 Berdan Ave., Fair Lawn, NJ 07410, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  ELIANNE LIMAN , 36-11 Berdan Ave., Fair Lawn, NJ 07410 for the purpose of a WEDDING to be held on August 10, 2014 (rain date 8/11/2014), from 6:00 p.m. to 7:00 p.m., at the Sunrise Park Gazebo on Rambler Rd.

 

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 83-14

WHEREAS, the Middle Township Middle School drama club will be producing the musical “South Pacific” during the month of March 2014; and

 

WHEREAS, the Middle Township Middle School has requested the use of six (6) 55-gallon steel drums owned by the Borough of Wildwood Crest to be used in said production; and

 

WHEREAS, it is the desire of the Board of Commissioners to authorize the Middle Township Middle School to utilize six (6) 55-gallon steel drums owned by the Borough of Wildwood Crest for said production during the month of March 2014;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey that the Middle Township Middle School be and is hereby authorized to use six (6) 55-gallon steel drums owned by the Borough of Wildwood Crest for its production of “South Pacific” in March 2014; and

 

BE IT FURTHER RESOLVED that the Middle Township Middle School shall be required to produce a Certificate of Insurance in the aggregate amount of $3,000,000 naming the Borough of Wildwood Crest as an additional insured, and shall be further required to execute a Hold Harmless Agreement indemnifying the Borough of Wildwood Crest against any and all claims, losses, costs, attorney’s fees, damages, or injury, including death, and/or property loss, expense claims or demands arising out of or caused or alleged to have been caused by or arising out of the use of said 55-gallon steel drums by the Middle Township Middle School in the production of “South Pacific” in March 2014.

 

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 January 31, 2014 be accepted as presented and filed.

 

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all COMMISSION MEETINGS HELD January 22, 2014 and February 5, 2014; Special Meeting held January 30, 2014, February 12, 2014, and February 19, 2014; as well as Closed Sessions of January 22, 2014, January 30, 2014, February 5, 2014 and February 12, 2014.

 

Vote:          Gould-Cabrera-Groon-Yes

 

After hearing no comments from the public, the Mayor opened the Discussion with New Business.  The first topic is the Army Corps of Engineers Study and our response letter.  Commissioner Cabrera indicated that Mr. Thornton from Hatch Mott MacDonald (Coastal Engineer) had drafted a preliminary letter for the Commissioners to review.  The letter summarized the previous meetings and the Mayor indicated again that this was a draft letter.  Mr. Thornton added that there is still information that they have yet to receive from the Army Corps and that the review of those additional details will allow for a better understanding of the costs, benefits and risks of accepting the proposed plan.  Mr. Thornton also indicated that the Army Corps would take several months to review and respond to communities with an alternative plan if that was included by the review.  The first request for the lowering of the dune height and they mentioned that if they agreed to go down that road, it would in fact delay the project.  Mr. Thornton also indicated that in the US Army Corps report (second paragraph under number 1), they established the 16 ft. height (not because the benefits had ceased to increase) as the height increased but because they recognize the community would not want it to be too high.  They have acknowledged that they have deviated from the NED procedures and Mr. Thornton wanted to make it clear that reducing the dune height to 12 feet, the Borough is not acknowledging in any sense that it is somehow irresponsible.  The Mayor asked Mr. Thornton for clarification concerning a wider dune also allow for making the crossovers more gradual.  Mr. Thornton indicated it would if the slope was changed.  The Commissioners were in agreement to proceed with sending a letter to the US Army Corps. 

 

Mr. Thornton added that he has yet to hear from the neighboring communities.  The Mayor also indicated that he has heard other communities referencing a 14 foot dune.  He further indicated that the Borough is somehow being targeted and singled out.  Mr. Thornton added that those other communities whose beaches appear more vulnerable have a lower dune.  The Mayor pointed out that the State has put a lot of money in those communities and, a community that has not accepted a lot of money or hasn’t needed or perhaps the laws won’t allow the State to give it to us, that perhaps they are making the Borough pay more of a price. 

 

Mrs. Gould indicated that with the previous significant storms that they were storms that came from the bay and Mr. Thornton and Mr. Petrella indicated that the flooding portion did come from the bay.  Mr. Thornton went on to add the situation in Mantoloking was completely different when referencing the shore front protection could somehow dramatically reduce flooding that could occur from the bay side. 

 

The Mayor also indicated that most of our storm damage from Northeasters.  Mr. Thornton pointed out that he attended a conference hosted by the Army Corps in Hoboken and they are looking into dealing with the back bays.  Mr. Thornton also indicated that this was not currently incorporated in the proposal and this was a much longer term approach. 

 

The Mayor then introduced Old Business with 2013 Capital Improvements (Rambler Road Bike access).  Commissioner Cabrera indicated that he had a draft sign for Rambler Road bike sign.  He would like to have thoughts and comments sent back to him.  The Mayor also added that he believes there should be lighting for this sculpture.  The Mayor also inquired if there would be something around the base.  Commissioner Cabrera informed everyone that this was the preliminary sketch and to please provide more ideas and it will be redesigned. 

 

The last topic for Old Business is branding.  The Mayor indicated that when we move forward to have the Administrator handle this.  This was agreed by all. 

 

After no further public comments,

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 84-14

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 is 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 26, 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 Jersey Professional Management and Borough of Wildwood Crest

and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is contract negotiations

 

________            “(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 _____________________________

 

________            “(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 time was 7:31 p.m. 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 85-14

Authorizing award of Professional Services Contract to Jersey Professional Management to provide Professional Management Consulting Services, with $1,000 initial placement fee and at the hourly rate of $105 thereafter – with appropriate insurance certificates

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

After there being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.  The time was 7:34 p.m.

 

Vote:          Gould-Cabrera-Groon-Yes

 

Dated: March 26, 2014

Janelle M. Holzmer, Borough Clerk

   

  MINUTES OF MEETINGS INDEX