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Minutes of Commissioners Meeting   -   March 12, 2014

Note:  Complete Meeting Appears on CD #12-14 on File in the Borough Clerk's Office. March 12, 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 26, 20130000.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1186 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. 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 a public hearing now be held on Ordinance No. 1186.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1186 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1186 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mr. Groon motioned, seconded by Mr. Cabrera, that Ordinance No. 1187 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. 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 a public hearing now be held on Ordinance No. 1187.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1187 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1187 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 86-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that as a result of the oral bidding which took place on February 25, 2014, at 11:00 a.m., in the Municipal Court Room of Wildwood Crest Borough Hall, during which time DANIEL BRADLEY dba D R BRADLEY’S BIKES RENTAL submitted a bid amount of $60,000.00 per season, over a four (4) year lease period, for the lease of bicycle Rental Concession No. 8A as precisely defined and contained in the bid documents which are made a part hereof by reference as if fully set forth, situated at Rambler Road, the area of leasehold to be at a specific location to be determined by the Board of Commissioners, and permitted to be utilized for the rental of bicycles, it is hereby determined to be in the best interest of the Borough of Wildwood Crest to accept the highest oral bid, which has been submitted by DANIEL BRADLEY dba D R BRADLEYS BIKES RENTALS for the said Bicycle Rental Concession No. 8A and bid amount set forth hereinabove for calendar years 2014, 2015, 2016, and 2017.

 

BE IT FURTHER RESOLVED that Joyce P. Gould, Commissioner of Revenue and Finance of the Borough of Wildwood Crest, and Janelle M. Holzmer, Borough Clerk, be and they are hereby authorized, instructed and empowered to execute and attest the Lease by and between the Borough of Wildwood Crest and DANIEL BRADLEY dba D R BRADLEY’S BIKES RENTAL, incorporating all of the terms and conditions of the above successful bicycle rental concession bid.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 87-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest that as a result of the oral bidding which took place on February 25, 2014, at 11:00 a.m., in the Municipal Court Room of Wildwood Crest Borough Hall, during which time LAWRENCE ZITTO submitted a bid amount of $46,000.00 per season, over a four (4) year lease period, for the lease of  Crest Pier Bicycle Concession No. 3 as precisely defined and contained in the bid documents which are made a part hereof by reference as if fully set forth, situated upon Block 21.04, Lot 8, and permitted to be utilized for the rental of bicycles, it is hereby determined to be in the best interest of the Borough of Wildwood Crest to accept the highest oral bid, which has been submitted by LAWRENCE ZITTO for the said Crest Pier Bicycle Concession No. 3 and bid amount set forth hereinabove for calendar years 2014, 2015, 2016, and 2017.

 

BE IT FURTHER RESOLVED that Joyce P. Gould, Commissioner of Revenue and Finance of the Borough of Wildwood Crest, and Janelle M. Holzmer, Borough Clerk, be and they are hereby authorized, instructed and empowered to execute and attest the Lease by and between the Borough of Wildwood Crest and LAWRENCE ZITTO, incorporating all of the terms and conditions of the above successful bicycle rental concession bid.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 88-14

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest awarded a contract, via Resolution No. 1144-13, adopted November 18, 2013, to James Fallon of Fallon Associates, to provide investigation and consulting services for an internal affairs investigation, for the not to exceed sum of $9,500.00; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to increase the amount of the contract to a sum not to exceed $19,000 for the purpose of completion of the “in scope” work authorized by Resolution No. 1144-13;

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

 

               2.            That the terms and conditions of the contract between the Borough of Wildwood Crest and James Fallon of Fallon Associates, authorized by Resolution No. 1144-13 adopted November 18, 2013, shall remain in full force and effect, with the sole exception that the amount of the contract shall be increased to a sum not to exceed $19,000, all of which is contingent upon certification below from the Chief Financial Officer as to the availability of funds.

 

               3.            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 89-14

WHEREAS, it is necessary that all members of the Wildwood Crest Volunteer Fire Company No. 1 be vaccinated for the Hepatitis-B virus; and

 

WHEREAS, in order for further said vaccination of all members of the Wildwood Crest Fire Company No. 1, it is necessary that an Agreement be entered into between the Borough of Wildwood Crest on behalf of the Wildwood Crest Volunteer Fire Company No. 1 and Cape Regional Medical Center Employee Health and Wellness Center;

 

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 Mayor and Borough Clerk be, and they are hereby authorized and empowered to execute an Agreement  with Cape Regional Medical Center Employee Health and Wellness Center to provide for vaccination of all members of the Wildwood Crest Volunteer Fire Company No. 1 against Hepatitis-B virus, at the individual rate of $145 per member, not to exceed $2,900.00.

 

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 90-14

WHEREAS, the Borough of Wildwood Crest has retained the services of Jersey Professional Management to provide management consulting services and related duties for the Borough; and

 

WHEREAS, Jersey Professional Management has assigned Thomas B. Shannon as their representative for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the governing body to ratify and confirm the appointment of Thomas Shannon as Interim Administrator for 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, New Jersey, that Thomas B. Shannon be, and he is hereby appointed, Interim Administrator for the Borough of Wildwood Crest, at the hourly rate of $105, pursuant to proposal from Jersey Professional Management dated February 19, 2014 and duly executed on behalf of the Borough of Wildwood Crest on February 27, 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 91-14

 

                  SUBJECT:       A RESOLUTION AUTHORIZING APPROVAL OF ESTIMATE CERTIFICATE   

                                           NUMBER 2-FINAL.

                                           CONTRACT #3 = DEMOLITION OF BEACH PIER CLUBHOUSE & ASBESTOS

                                           ABATEMENT

 

 

WHEREAS, Garden State General Construction, Inc. of Rio Grande, New Jersey has satisfactorily completed the contract for the project known as Contract #3 Demolition of the Beach Pier Clubhouse & Asbestos Abatement; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 2 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

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 said Estimate Certificate Number 2 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to Garden State General Construction, Inc. be made thereon.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 92-14

RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $13,000,000 GENERAL BONDS, SERIES 2015, OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS IN CONNECTION THEREWITH.

WHEREAS, the Borough of Wildwood Crest, in the County of Cape May (the “Local Unit”), New Jersey, has determined that there exists a need within the Local Unit to acquire, construct, renovate, install or refinance the Project (the “Project”), as defined in each of that certain Loan Agreement (the “Trust Loan Agreement”) to be entered into by and between the Local Unit and the New Jersey Environmental Infrastructure Trust (the “Trust”) and that certain Loan Agreement (the “Fund Loan Agreement” and, together with the Trust Loan Agreement, the “Loan Agreements”) to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the 2015 New Jersey Environmental Infrastructure Trust Financing Program (the “Program”);

WHEREAS, the Local Unit has determined to finance or refinance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the Trust (the “Trust Loan”) and the State (the “Fund Loan” and, together with the Trust Loan, the “Loans”) pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively;

WHEREAS, to evidence the Loans, each of the Trust and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit’s General Bond, Series 2015A, to the State (the “Fund Loan Bond”) and General Bond, Series 2015B, to the Trust (the “Trust Loan Bond” and, together with the Fund Loan Bond, the “Local Unit Bonds”) pursuant to the terms of the Local Bond Law of the State, constituting Chapter 2 of Title 40A of the Revised Statutes of the State (the “Local Bond Law”), other applicable law and the Loan Agreements;

WHEREAS, the Local Unit Bonds have been authorized pursuant to a bond ordinance of the Local Unit adopted on November 26, 2012, entitled:  “Bond ordinance providing for improvement of the sanitary sewerage system in and by the Borough of Wildwood Crest, in the County of Cape May, New Jersey, appropriating $13,000,000 therefor and authorizing the issuance of $13,000,000 bonds or notes of the Borough for financing such appropriation”; and

WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of one or more Loans, the issuance of one or more Local Unit Bonds and the execution and delivery of one or more Loan Agreements, all pursuant to the terms of an Escrow Agreement (the “Escrow Agreement”) to be entered into by and among the Trust, the State, the escrow agent named therein and the Local Unit; and

WHEREAS, N.J.S.A. §40A:2-27(a)(2) of the Local Bond Law allows for the sale of the Trust Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without any public offering, and N.J.S.A. §58:11B-9(a) allows for the sale of the Trust Loan Bond to the Trust without any public offering, all under the terms and conditions set forth in the following resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY (not less than two‑thirds of all the members thereof affirmatively concurring), AS FOLLOWS:

Section 1.            Award of the Local Unit Bonds.  In accordance with N.J.S.A. §40A:2-27(a) (2) of the Local Bond Law and N.J.S.A. §58:11B-9(a), the Local Unit hereby sells and awards its (a) Trust Loan Bond to the Trust in accordance with the provisions of this resolution and (b) Fund Loan Bond to the State in accordance with the provisions of this resolution.

Section 2.            Basic Terms of the Local Unit Bonds; Delegation of Power to Make Certain Determinations. The chief financial officer of the Local Unit or the treasurer of the Local Unit (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions of this resolution, the following items with respect to the Trust Loan Bond and the Fund Loan Bond:

(a)          The aggregate principal amount of the Trust Loan Bond to be issued and the aggregate principal amount of the Fund Loan Bond to be issued, which amounts in the aggregate shall not exceed $13,000,000;

(b)          The maturity or maturities and annual and semi-annual principal installments of the Local Unit Bonds, which maturity or maturities shall not exceed twenty-one (21) years from the date of the Local Unit Bonds;

(c)          The date or dates of the Local Unit Bonds;

(d)          The interest rates of the Local Unit Bonds, provided that the effective interest rate of the Trust Loan Bond does not exceed eight per centum (8%) and that the interest rate on the Fund Loan Bond is zero per centum (0%);

(e)          The purchase price for the Local Unit Bonds;

(f)           The terms and conditions under which the Local Unit Bonds shall be subject to redemption prior to their stated maturities; and

(g)          Such other matters with respect to the Local Unit Bonds as may be necessary, desirable or convenient in connection with the sale, issuance and delivery thereof, including adjusting the title of the Local Unit Bonds to reflect the issuance thereof in a calendar year other than 2015.

Section 3.            Determinations Conclusive. Any determination made by the Chief Financial Officer pursuant to the terms of this resolution shall be conclusively evidenced by the execution and attestation of the Local Unit Bonds by the parties authorized under Section 4(c) of this resolution.

Section 4.            Further Terms of the Local Units Bonds. The Local Unit hereby determines that certain terms of the Local Unit Bonds shall be as follows:

(a)          The Fund Loan Bond shall be issued in a single denomination and shall be numbered RA-1, or as may otherwise be determined by the Chief Financial Officer.  The Trust Loan Bond shall be issued in a single denomination and shall be numbered RB-1, or as may otherwise be determined by the Chief Financial Officer;

(b)          The Local Unit Bonds shall be issued in fully registered form (convertible to bearer as therein provided) and shall (unless converted to bearer) be payable to the registered owners thereof as to both principal and interest in lawful money of the United States of America;

(c)          The Local Unit Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, imprinted, engraved or reproduced thereon and attested by the manual signature of the Local Unit Clerk or Deputy Local Unit Clerk; and

(d)          In order to distinguish the Local Unit Bonds from other bonds of the Local Unit, the Local Unit Bonds shall have such letters and/or numbers incorporated in their titles as shall be determined by the Chief Financial Officer.

Section 5.            Forms of the Local Unit Bonds. The Trust Loan Bond and the Fund Loan Bond shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.

Section 6.            Authorized Parties. The law firm of Hawkins Delafield & Wood LLP, bond counsel to the Local Unit, is hereby authorized to arrange for the printing of the Local Unit Bonds, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust and the State for the Program, to arrange for same.  The Local Unit auditor and financial advisor, if any, are hereby authorized to prepare the financial information necessary  in connection with the issuance of the Local Unit Bonds.  The Mayor, the Chief Financial Officer and the Local Unit Clerk (each, an “Authorized Official”) are hereby severally authorized to execute any certificates necessary or desirable in connection with the financial and other information.

Section 7.            Report to the Local Unit. The Chief Financial Officer is hereby directed to report in writing to this Council at the next meeting of this Council next following the closing with respect to the Local Unit Bonds as to the terms of the Local Unit Bonds authorized to be determined by the Chief Financial Officer pursuant to and in accordance with the provisions of this resolution.

Section 8.            Delivery of the Local Unit Bonds. Each Authorized Official is hereby authorized to execute any certificate or document necessary or desirable in connection with the sale of the Local Unit Bonds and is hereby further authorized to deliver same to the Trust and the State upon delivery of the Local Unit Bonds and the receipt of payment therefor in accordance with the Loan Agreements.

Section 9.            Execution of Agreements. The Trust Loan Agreement, the Fund Loan Agreement and the Escrow Agreement (collectively, the “Financing Documents”) are hereby authorized to be executed and delivered on behalf of the Local Unit by an Authorized Official (other than the Local Unit Clerk) in substantially the forms required and traditionally used by the Trust and the State (which forms are available from the Trust and the State), with such changes as such Authorized Official, in his or her sole discretion, after consultation with counsel and any advisors to the Local Unit (the “Local Unit Consultants”) and after further consultation with the Trust, the State and their representatives, agents, counsel and advisors (collectively, the “Program Consultants” and, together with the Local Unit Consultants, the “Consultants”), shall determine, such determination to be conclusively evidenced by the execution of each such Financing Document by an Authorized Official (other than the Local Unit Clerk).  The Local Unit Clerk is hereby authorized to attest to the execution of the Financing Documents by an Authorized Official and to affix the corporate seal of the Local Unit to such Financing Documents.

Section 10.          Authorized Actions. The Authorized Officials are hereby further severally authorized to (i) execute and deliver and the Local Unit Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the Local Unit to any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officials or the Local Unit Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Financing Documents and the Local Unit Bonds and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such document, instrument or closing certificate by the party authorized under this resolution to execute such document, instrument or closing certificate and (ii) perform such other actions as the Authorized Officials deem necessary, desirable or convenient in relation to the execution and delivery thereof.

Section 11.          Multiple Document Sets. Notwithstanding any other provision of this resolution to the contrary, if in connection with the participation of the Local Unit in the Program, the State and the Trust require that the Local Unit execute more than one set of documents, the provisions of this resolution shall be deemed to apply to the Local Unit Bonds and the Financing Documents related to each set of documents; provided, however, that in no event may the aggregate principal amount of all Local Unit Bonds issued and delivered pursuant to the provisions of this resolution be in excess of the amount referred to in Section 2(a) hereof.

Section 12.          Interim Financing.  In anticipation of the issuance of the Local Unit Bonds, the Local Unit hereby authorizes, if necessary or desirable, the issuance, sale and award of an interim bond anticipation note (the “Interim Local Unit Note”) pursuant to the Trust’s Interim Financing Program.  The Interim Local Unit Note shall be substantially in the form provided by the Trust in the Interim Financing Program’s loan agreement.  The execution and delivery of the Interim Local Unit Note shall be in the same manner as herein prescribed with respect to the Local Unit Bonds.  An Authorized Official is hereby authorized to determine, pursuant to the terms and conditions established by the Trust and the State under the Interim Financing Program’s loan agreement and the terms and conditions of this resolution, the following items with respect to the Interim Local Unit  Note:  (a) the aggregate principal amount of the Interim Local Unit Note to be issued, which amount shall not exceed $13,000,000; (b) the maturity of the Interim Local Unit Note, which shall be no later than one year after the date of issuance thereof; (c) the date of the Interim Local Unit Note; (d) the interest rate of the Interim Local Unit Note, which shall not exceed 2% per annum; (e) the purchase price for the Interim Local Unit Note; and (f) such other matters with respect to the Interim Local Unit Note as may be necessary, desirable or convenient in connection with the sale, issuance and delivery thereof.  The Authorized Officials are hereby further severally authorized to manually execute and deliver and the Local Unit Clerk is hereby further authorized to attest by manual signature to such execution and to affix, imprint, engrave or reproduce the corporate seal of the Local Unit to any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officials or the Local Unit Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Interim Local Unit Note and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such document, instrument or closing certificate by the party authorized under this resolution to execute such document, instrument or closing certificate.

Section 13.          Capitalized Terms. All capitalized words and terms used but not defined in this resolution shall have the meanings ascribed to such words and terms, respectively, in the preambles to this resolution.

Section 14.          Prior Action.  All action taken to date by the officers, employees and agents of the Local Unit with respect to the Local Unit Bonds hereby are approved, ratified, adopted and confirmed.

Section 15.          Effective Date. This resolution shall take effect immediately.

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 93-14

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING, has submitted a proposal, to remove all scrap metal curbside from the Borough of Wildwood Crest, during hours specifically designated by the Borough of Wildwood Crest, at no cost to the Borough of Wildwood Crest; and

 

WHEREAS, TARA LAWSON t/a GREEN EARTH METAL RECYCLING has indicated that she will provide to the Borough of Wildwood Crest written monthly reports of verification of tonnage and credits received in accordance therewith, on behalf of/for the Borough of Wildwood Crest, from the Cape May County Municipal Utilities Authority; and

 

WHEREAS, it is more cost effective to authorize acceptance of the proposal from TARA LAWSON t/a GREEN EARTH METAL RECYCLING as opposed to paying another scrap metal removal entity to perform said service; and

 

WHEREAS, the Superintendent of Public Works has provided a written opinion indicating that TARA LAWSON t/a GREEN EARTH METAL RECYCLING is the most “responsible bidder” for the curbside removal of scrap metal in 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, New Jersey, that the preamble hereto is repeated herein as if fully set forth, and the said proposal of TARA LAWSON t/a GREEN EARTH METAL RECYCLING, which is attached hereto and made a part hereof, is hereby accepted and approved, effective March 24, 2014 and terminating March 23, 2015.

 

BE IT FURTHER RESOLVED that said acceptance of proposal is conditioned upon submission by TARA LAWSON t/a GREEN EARTH METAL RECYCLING of the requisite certificate of insurance naming the Borough of Wildwood Crest as an additional insured, as well as execution and return to the Borough of a Hold Harmless Agreement indemnifying the Borough from and against any loss as a result of the services specified hereinabove being performed.

 

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 94-14

WHEREAS, on February 10, 2014 , the SOUTH JERSEY TRIATHLON CLUB , Barbara Cresse, Director , 706 Dias Creek Rd., Cape May Court House, NJ 08210 , applied for a Special Events Permit for the purpose of an OCEAN SWIM EVENT   to be held on July 26, 2014 (rain date July 27, 2014) , from 7:00 a.m. to 9:00 a.m., at the BEACH AT RAMBLER RD. ; and

                                                                                                                                               

WHEREAS,  the SOUTH JERSEY TRIATHLON CLUB, Barbara Cresse, Director, 706 Dias Creek Rd., Cape May Court House, NJ 08210, has supplied all documentation required under Ordinance No. 936, has certified the requisite Certificate of Insurance will be provided no less than twenty (20) days prior to the event, 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  the SOUTH JERSEY TRIATHLON CLUB , Barbara Cresse, Director, 706 Dias Creek Rd., Cape May Court House, NJ 08210 for the purpose of an OCEAN SWIM EVENT to be held on July 26, 2014 (rain date July 27, 2014) , from 7:00 a.m. to 9:00 a.m., at the BEACH AT RAMBLER RD.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 95-14

WHEREAS, on February 19, 2014, the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION , 121 W. Forget-Me-Not Rd. , Wildwood Crest, NJ  08260 , applied for a Special Events Permit for the purpose of  a WALK to be held on March 29, 2014 ,  from 9:00 a.m. to 12:00 p.m., at Centennial Park and various streets and sidewalks in the Borough of Wildwood Crest ; and

                                                                                                                                               

WHEREAS,  the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION, 121 W. Forget-Me-Not 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 he is hereby authorized and directed to issue a Special Events Permit to  the DOUGLAS RAUCCI FORGET-ME-NOT FOUNDATION , 121 W. Forget-Me-Not Rd., Wildwood Crest, NJ  08260 for the purpose of a WALK to be held on March 29, 2014, from 9:00 a.m. to 12:00 p.m., at Centennial Park and various streets and sidewalks in the Borough of Wildwood Crest.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 96-14

WHEREAS, on February 7, 2014 , the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA), 20 Bear St. , Washoe Valley , NV 89704 , applied for a Special Events Permit for the purpose of a BEACH LAND SAILING event   to be held on April 24-27, 2014 ,  from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH ; and

                                                                                                                                               

WHEREAS,  the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA), 20 Bear St., Washoe Valley, NV 89704, 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  the NORTH AMERICAN BLOKART SAILING ASSOCIATION (NABSA), 20 Bear St. , Washoe Valley, NV 89704 for the purpose of a BEACH LAND SAILING event to be held on April 24-27, 2014, from 8:00 a.m. until dusk, on the WILDWOOD CREST BEACH.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

 

 

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 97-14

WHEREAS, on February 18, 2014 , the NATIONAL MS SOCIETY , 1480 U.S. HWY 9 NORTH, SUITE 301, WOODBRIDGE , NJ 07095 , applied for a Special Events Permit for the purpose of a BIKE RIDE   to be held on May 18, 2014 ,  from 11:00 a.m. to 5:30 p.m., on VARIOUS STREETS in the Borough of Wildwood Crest ; and

                                                                                                                                               

WHEREAS,  the NATIONAL MS SOCIETY, 1480 U.S. HWY 9 NORTH, SUITE 301, WOODBRIDGE, NJ 07095, 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  the NATIONAL MS SOCIETY , 1480 U.S. HWY 9 NORTH, SUITE 301, WOODBRIDGE, NJ 07095 for the purpose of a BIKE RIDE to be held on May 18, 2014, from 11:00 a.m. to 5:30 p.m., on VARIOUS STREETS in the Borough of Wildwood Crest.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 98-14

WHEREAS, on February 13, 2014 , the OCEAN DRIVE RUN CLUB, INC. , PO Box 1245 , Southeastern, PA 19399 , applied for a Special Events Permit for the purpose of a FOOT RACE   to be held on March 30, 2014 ,  from 9:00 a.m. to 2:30 p.m. on VARIOUS STREETS and the BIKE PATH in the Borough of Wildwood Crest ; and

                                                                                                                                               

WHEREAS,  the OCEAN DRIVE RUN CLUB, INC., PO Box 1245, Southeastern, PA 19399, 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  the OCEAN DRIVE RUN CLUB, INC. , PO Box 1245, Southeastern, PA 19399 for the purpose of a FOOT RACE to be held on March 30, 2014, from 9:00 a.m. to 2:30 p.m. on VARIOUS STREETS and the BIKE PATH in the Borough of Wildwood Crest.

 

Mr. Cabrera motioned, seconded by Mrs. Gould, 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

 

After no public comments from the public, the Mayor began to discuss the only new topic under New Business, which is Army Corps of Engineers Study.  The Clerk indicated to the Board that the letter addressing their concerns went out last week.  The Mayor wanted to clarify with the letter after seeing a comment in the newspaper and it was indicated that the Borough was taking no position either way.  The Commissioners agreed that this was not the intent; rather, they indicated that they wanted to be a part of the process and further indicated that this needed to be clarified in the media. 

 

With regard to Old Business, the first topic is 2013 Capital Improvements (Rambler Road bike access- sign) and Commissioner Cabrera indicated that a draft was sent out to everyone and he asked for comments or additions.  Commissioner Gould asked if another contractor was contacted and Commissioner Cabrera pointed out that he did not; he wanted a better indicator before pursuing other possible vendors.  The commissioners discussed the dimensions of the proposed structure.  The Mayor suggested reducing the size for any potential problems.  There was some concern regarding the arrow size and sharpness for safety concerns.  Discussions continued regarding the concrete, the circle, the benches, and the placement of the sign. 

 

The second topic for discussion under Old Business was “branding.”  The Mayor indicated that he would like a packet put together regarding a few companies that we looked into for informational purposes to be sent to the Interim Administrator.  The Commissioners agreed that entire branding process should be considered from signage, website, logo, etc.  

 

The floor was then opened once again for public comment.  Nancy Pietropaoli, 6002 Seaview Avenue, had a question regarding the Army Corps of Engineers Study and if the Borough does decide to fight the higher dunes, will it have an impact on the flood insurance down the road?  The Mayor indicated that it appears not; they are two separate agencies.  He went on to say that there is always the possibility and it cannot be excluded.  Commissioner Cabrera indicated that the dune study only addressed the eastern side, not the west side and there was no plan for the west side.  The Mayor went on to add that the Borough did improve our position with FEMA with the ratings from an “8” to a “6” and he was advised it would be 10% additional discount on our flood insurance policies.     
       

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION 99-14

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, March 12, 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

 

________            “(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. Cabrera, 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: March 26, 2014

Janelle M. Holzmer, Borough Clerk

  MINUTES OF MEETINGS INDEX