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Minutes of Commissioners Meeting   -   May 14, 2014

Note:  Complete Meeting Appears on CD #16-14 on File in the Borough Clerk's Office. May 14, 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, 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 RESOLUTION BY TITLE:

RESOLUTION NO. 157-14

 

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2014 property taxes and/or utility payments; and

 

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

 

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

 

 

99.02-1-C0411                    Deutsche Bank Natl Trust Co                                                           Amount

2014 Tax                              7701 Atlantic Ave Unit 41                                                            $2,134.46

                                                Title Company & Mortgage Company

                             both paid 2014 2nd quarter taxes.

                                                Refund overpayment to Lereta Tax Service

 

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

Collector should mark the records accordingly to reflect said refund as per the meeting on

May 14, 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:

RESOLUTION NO. 158-14

WHEREAS, the Commissioner of Public Safety desires to appoint three (3) Class I Police Officers and one (1) Meter Person for the Borough of Wildwood Crest; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Christina Eriksen, Cole Sawyer, and Heather Stocker as Class I Police Officers for the Borough of Wildwood Crest and John Schaser as Meter Person, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Christina Eriksen, Cole Sawyer, and Heather Stocker as Class I Police Officers and John Schaser as Meter Person.

 

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

 

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

2.       The appointment of Christina Eriksen, Cole Sawyer, and Heather Stocker, as Class I Police Officers and John Schaser as Meter Person, effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

3.       That said unclassified appointments shall be “at-will,” at the pleasure of the Commissioner of Public Safety, and shall remain in full force and effect until further notice.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 159-14

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest awarded a contract, via Resolution No. 22-14, adopted January 3, 2014, to Hatch Mott MacDonald, to provide coastal engineering services in conjunction with Sunset Lake and Army Corps of Engineers, at 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 by $5,000;

 

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 Hatch Mott MacDonald, authorized by Resolution No. 22-14 adopted January 3, 2014 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 $14,500 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:

RESOLUTION NO. 160-14

WHEREAS, on April 28, 2014 , NICOLE FERENCZ , 59 East New St. , Rockaway, NJ 07866 , applied for a Special Events Permit for the purpose of the FERENCZ/FLOOD WEDDING   to be held on September 16, 2014 ,  from 10:00 a.m. to 5:00 p.m., at the HEATHER BEACH PIER ; and

                                                                                                                                                         

WHEREAS,  NICOLE FERENCZ, 59 East New St., Rockaway, NJ 07866, 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  NICOLE FERENCZ , 59 East New St., Rockaway, NJ 07866 for the purpose of the FERENCZ/FLOOD WEDDING to be held on September 16, 2014 , from 10:00 a.m. to 5:00 p.m., at the HEATHER 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:

RESOLUTION NO. 161-14

WHEREAS, on April, 25, 2014 , LINDA MENDEZ , 8261 Beideman Ave. , Camden, NJ 08105 , applied for a Special Events Permit for the purpose of the ALICEA/SANTIAGO WEDDING   to be held on June 14, 2014 ,  from 2:00 p.m. to 4:00 p.m., at CENTENNIAL PARK ; and

                                                                                                                                                         

WHEREAS,  LINDA MENDEZ, 8261 Beideman Ave., Camden, NJ 08105, 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  LINDA MENDEZ , 8261 Beideman Ave., Camden, NJ 08105 for the purpose of the ALICEA/SANTIAGO WEDDING to be held on June 14, 2014, from 2:00 p.m. to 4:00 p.m., at CENTENNIAL PARK.

 

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:

RESOLUTION NO. 162-14

WHEREAS, on April 3, 2014 , the MOREY ORGANIZATION , 3501 Boardwalk , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of the CHAPUS/GITKE WEDDING   to be held on June, 13, 2014 ,  from 4:00 p.m. to 5:00 p.m., on the BEACH at CROCUS RD ; and

                                                                                                                                                         

WHEREAS,  the MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, 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  the MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the CHAPUS/GITKE WEDDING to be held on June, 13, 2014, from 4:00 p.m. to 5:00 p.m., on the BEACH at CROCUS 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:

RESOLUTION NO. 163-14

WHEREAS, on April, 3, 2014 , the MOREY ORGANIZATION , 3501 Boardwalk , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of the KACHER/BARSKY WEDDING   to be held on June 7, 2014 ,  from 4:00 p.m. to 5:00 p.m., on the BEACH at CROCUS RD ; and

                                                                                                                                                         

WHEREAS,  the MOREY ORGANIZATION, 3501 Boardwalk, Wildwood, 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  the MOREY ORGANIZATION , 3501 Boardwalk, Wildwood, NJ 08260 for the purpose of the KACHER/BARSKY WEDDING to be held on June 7, 2014, from 4:00 p.m. to 5:00 p.m., on the BEACH at CROCUS RD.

 

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 opened the floor for public commentary.  Margaret Boyle, 144 W. Crocus Road, voiced her concern over traffic on her street.  She contends that the street is narrow and there are many parked cars and many children on the street and is worried over the safety of the children on the block.  She suggested placing speed bumps on the street.  The Mayor responded that the situation is similar throughout the town and therefore the issue would have to be dealt with globally.  The Mayor also indicated that he would discuss the issue with the police department and discuss in depth with Lt. McGrath.  The Mayor also pointed out that speed is an issue in the north end and that the Board of Commissioners would get back in touch with her regarding her concerns. 

 

Greg Lacavita, 9001 Pacific Avenue, suggested placing a clock on top of the arch on the bike path. He suggested a well known company to install an electric clock and it can be wired into the existing electric and it 36” wide with a 10 year battery.  If approved, his family would like to donate the clock to the Borough.  Commissioner Cabrera indicated that he would consult with the Superintendent of Public Works and get back in touch with Mr. Lacavita.  The Commissioners were in agreement on the idea. 

 

Chad DeSatnick, 1307 Trenton Avenue, Cape May, wanted to offer thanks for assistance with his annual surf event and this year’s event will be June 15, 2014. 

Margaret Boyle, 144 W. Crocus Road, added that there have been fences at the end of streets near the bay.  The Mayor indicated that there is going to be construction on two street ends (Crocus and Aster Roads) for bulkhead construction.  The Mayor indicated that the Mrs. Boyle’s comments would be noted.

 

After no further comments from the public, the Mayor opened New Business with the Army Corps Beach Plan and Commissioner Cabrera indicated that he asked Mr. Thornton from Hatch Mott MacDonald to contact the state if there is anything forthcoming for Wildwood Crest and if so, to start making the connections and has yet to hear back from Mr. Thornton.  The Mayor indicated to Commissioner Cabrera to contact Mr. Will Morey because he was thinking about coordinating an island response. 

 

The second topic of the Personnel Manual can be dropped from discussion because it will be turned over the new administrator.      

 

With regards to Old Business, Commissioner Cabrera indicated that he is still working on the Rambler Road statue and the revisions will be forthcoming.         

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 164-14

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 three (3) 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, May 14, 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 ____________________________________________________

 

____2___             “(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; and Internal Affairs Investigation

 

____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 Administrator Interviews

 

________             “(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 cop of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

After there being no public commentary in the Open Session, Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould - Cabrera – Groon – Yes

 

After hearing no further comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera that the meeting be adjourned.

Vote:          Gould - Cabrera – Groon – Yes

 

Dated: May 28, 2014

                                                                                

Janelle M. Holzmer, Borough Clerk

                                                                            

MINUTES OF MEETINGS INDEX