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Minutes of Commissioners Meeting   -   August 6, 2014

Note:  Complete Meeting Appears on CD #23-14 on File in the Borough Clerk's Office. August 6, 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, Herald of Cape May County 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. 219-14

 

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts, and financial transactions; and

 

WHEREAS, the Annual Report of Audit for the year 2013 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

 

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

and

 

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

 

GENERAL COMMENTS

 

RECOMMENDATIONS

 

as evidenced by the group affidavit form of the governing body; and

 

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five (45) days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and

 

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52 – “A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand ($1,000.00) dollars or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby states that it has complied with the promulgations of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to demonstrate evidence of said compliance.

 

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. 220-14

RESOLUTION OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, RELATING TO CONTINUING DISCLOSURE MATTERS APPLICABLE TO BONDS AND NOTES OF THE BOROUGH AND AUTHORIZING CERTAIN ACTIONS  IN CONNECTION THEREWITH.

 

WHEREAS, the Borough of Wildwood Crest, in the County of Cape May, New Jersey (the “Borough”) has previously issued its bonds, bond anticipation notes and/or other debt obligations (the “Bonds”) and

 

WHEREAS, in connection with the issuance of certain of the Bonds and for purposes of assisting underwriters to comply with Rule 15c-12 under the Securities Exchange Act of 1934, the Borough has covenanted and/or entered into one or more undertakings or agreements to provide continuing disclosure (the “Continuing Disclosure Obligation”) to the public marketplace; and

WHEREAS, in general the Continuing Disclosure Obligation requires the Borough to file certain financial information and notice of certain events in specified places and at specified times; and

WHEREAS, in connection with the sale of certain of the Bonds, the Borough issued one or more official statements that, among other things, described the Borough’s Continuing Disclosure Obligation and whether or not the Borough had previously complied with its Continuing Disclosure Obligation in all material respects; and

WHEREAS, the Division of Enforcement (the “Enforcement Division”) of the U.S. Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (the “Initiative”) to address potentially materially inaccurate descriptions in official statements (made innocently, inadvertently or otherwise) of prior compliance with continuing disclosure obligations; and

WHEREAS, pursuant to the terms of the Initiative, the Enforcement Division will recommend “favorable settlement terms” for issuers and underwriters that self-report by 12:00 a.m., eastern standard time, on September 10, 2014, possible materially inaccurate statements in official statements in the last five years relating to prior compliance with continuing disclosure obligations by submitting a specified questionnaire (the “Questionnaire”) to the Enforcement Division; and

WHEREAS, the Borough has been provided with a copy of the Initiative, a copy of an advisory prepared by bond counsel to the Borough describing the Initiative and a copy of the Questionnaire released by the Enforcement Division; and

WHEREAS, if an issuer takes advantage of the Initiative by self-reporting possible materially inaccurate statements and if any of such statements are determined to be materially inaccurate by the Enforcement Division, the Enforcement Division will recommend to the SEC a settlement in which (i) the issuer consents to a cease-and-desist order, (ii) the issuer neither admits nor denies the findings of the SEC and (iii) there is no payment of any civil penalty by the issuer; and

WHEREAS, any such settlement will require the issuer (i) to establish appropriate policies and procedures and training regarding continuing disclosure obligations within 180 days, (ii) comply with existing continuing disclosure undertakings, including updating past delinquent filings within 180 days, (iii) cooperate with any subsequent investigation by the Enforcement Division regarding the false statement(s), including the roles of individuals and/or other parties involved, (iv) disclose in a clear and conspicuous fashion the settlement terms in any final official statement for an offering by the issuer for five years and (v) provide the SEC staff with a compliance certification regarding the applicable undertakings by the issuer in one year; and

WHEREAS, the Initiative cautions that if an issuer does not take advantage of the Initiative by submitting a Questionnaire identifying any possible materially inaccurate statement with respect to prior compliance with a continuing disclosure obligation and the Enforcement Division later determines that such a materially inaccurate statement was made, then the Enforcement Division will likely recommend and seek financial sanctions against the issuer; and

WHEREAS, the New Jersey Division of Local Government Services issued Local Finance Notice 2014-9, dated July 23, 2014 (the “LFN”), which among other things strongly recommends that local government officials proactively take steps to self-identify their own levels of compliance with continuing disclosure obligations in order to determine if it is advisable to participate in the Initiative; and

WHEREAS, the LFN advises that the failure to live up to continuing disclosure requirements, in addition to having potential consequences under federal law, could have consequences for various State of New Jersey matters including, in particular, (i) the denial or deferral of applications made to the Local Finance Board and (ii) decreased scores on future “Best Practices Questionnaires” that could trigger a withholding of a portion of State aid; and

WHEREAS, in light of the foregoing, the Borough is desirous of retaining a professional firm that specializes in continuing disclosure matters to examine the Borough’s Continuing Disclosure Obligation and previous continuing disclosure filings and to report to the Borough any noncompliance with its Continuing Disclosure Obligation; and

WHEREAS, upon receipt of such report from the continuing disclosure specialist, the Borough will review such report with its professionals, including particularly its bond counsel, its auditor, its general counsel and its other finance professionals (the “Borough Professionals”); and

WHEREAS, as a result of such review, it may be desirable for the Borough to take advantage of the Initiative by submitting one or more Questionnaires to the Enforcement Division identifying a statement with respect to prior compliance with its Continuing Disclosure Obligation that is potentially materially inaccurate; and

WHEREAS, the Borough is desirous of authorizing the submission of one or more Questionnaires to the Enforcement Division if deemed advisable by the Borough Administrator or the Borough Chief Financial Officer (the “Borough Officials”) after consultation with the Borough Professionals;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, AS FOLLOWS:

Section 1.                Authorization to Retain a Continuing Disclosure Specialist.  The Borough Officials are each hereby authorized and directed to retain a firm that specializes in continuing disclosure matters (a) to examine the Borough’s Continuing Disclosure Obligation and previous continuing disclosure filings, (b) to report to the Borough any noncompliance with its Continuing Disclosure Obligation and (c) to otherwise assist the Borough and the Borough Professionals with respect to the Initiative, the Questionnaire and the provision of continuing disclosure materials to the public marketplace.

Section 2.                Authorization to Submit Questionnaire.  The Borough Officials are each hereby authorized, after examining the report of the continuing disclosure specialist and consulting with the Borough Professionals, to take advantage of the Initiative by submitting one or more Questionnaires to the Enforcement Division by the September 10, 2014, deadline established by the Initiative.

Section 3.                Various Incidental Actions.  The Borough Officials are hereby authorized to execute and deliver all documents and instruments and to do all matters and things as may be necessary, useful, convenient or desirable in connection with the foregoing.

Section 4.                Prior Action.  All action heretofore taken by the Borough Officials and the Borough Professionals relating to the foregoing is hereby ratified, confirmed, adopted and approved, including without limitation soliciting and/or engaging a professional firm that specializes in continuing disclosure matters to undertake the continuing disclosure review described in this resolution.

Section 5.                Capitalized Terms.  All capitalized words and terms used by not defined in this resolution shall have the meanings ascribed to such words and terms, respectively, in this resolution.

Section 6.                Effective Date.  This resolution shall take effect immediately.

 

Upon motion of                                        , seconded by                                   , the foregoing resolution was adopted by the following vote:

 

AYES

NOES

ABSTAIN

ABSENT

 

 

 

 

 

The foregoing is a true copy of a resolution adopted by the governing body of the Borough at a meeting thereof duly called and held on August ___, 2014.

 

                                                              _____________________________________________
                                                        Janelle M. Holzmer
                                                       Borough Clerk

 

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. 221-14

 

Subject:  Authorizing participation in the Somerset County Cooperative Pricing System

 

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System (hereafter “Cooperative”) for the lawful administration of public purchasing; and

 

WHEREAS, the County of Somerset, on behalf of the “Cooperative” as “Lead Agency”, is charged with the responsibility of publicly advertising and receiving bids for the purpose of purchasing equipment, goods, and services; and

 

WHEREAS, the Borough of Wildwood Crest desires to participate in the duly established “Cooperative” and to hereby authorize the Somerset County Cooperative Pricing System (ID# 2SOCCP) to serve as the “Lead Agency” in this regard.

 

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.       That the Allegations of the Preamble hereto are reiterated herein as if fully set forth.

2.       That the Borough of Wildwood Crest does herewith agree to participate in the Somerset County Cooperative Pricing System (ID# 2SOCCP) pursuant to the provisions of N.J.S.A 40A:11-11(5) and that the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute and attest the Cooperative Pricing Agreement with the “Lead Agency” and any other documents in conjunction herewith.

3.       That the award of contract is subject to the “Lead Agency” being responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other revised statutes of the State of New Jersey.

 

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. 222-14

WHEREAS, the WILDWOOD CREST VOLUNTEER FIRE CO. #1 made application on July 18, 2014 for a Raffles License under Application No. RA-102; and

 

WHEREAS, it is the desire of the Board of Commissioners of the Borough of Wildwood Crest to issue a Certificate of Approval under Application No. RA-102 to WILDWOOD CREST VOLUNTEER FIRE CO. #1 for holding of said Raffle;

 

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

 

          1.  That the Board issue to the WILDWOOD CREST VOLUNTEER FIRE CO. #1 a Certificate of Findings and Determination to be signed by the proper officer of said Board of Commissioners under Application No. RA-102 made by said WILDWOOD CREST VOLUNTEER FIRE CO. #1; and

 

          2. That the Municipal Clerk of the Borough of Wildwood Crest be, and she is hereby authorized, empowered and directed to cause the proper Raffle License to be issued to the WILDWOOD CREST VOLUNTEER FIRE CO. #1 in accordance with the application made therefor.

 

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. 223-14

WHEREAS, on July 11, 2014 , CHRYSLER OWNERS GROUP , Mark Ciliano, President, 7 Lord Place , Old Saybrook, CT 06475 , applied for a Special Events Permit for the purpose of the WILD THANG 14 BLOCK PARTY   to be held on September 26, 2014 ,  from 4:00 p.m. to 8:00 p.m. on FORGET-ME-NOT RD between Ocean Ave. and Atlantic Ave ; and

                                                                                                                                                         

WHEREAS,  CHRYSLER OWNERS GROUP, Mark Ciliano, President, 7 Lord Place, Old Saybrook, CT 06475, 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  CHRYSLER OWNERS GROUP , Mark Ciliano, President, 7 Lord Place, Old Saybrook, CT 06475 for the purpose of the WILD THANG 14 BLOCK PARTY to be held on September 26, 2014 , from 4:00 p.m. to 8:00 p.m. on FORGET-ME-NOT RD between Ocean Ave. and Atlantic Ave.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all bills properly authorized, as submitted, be paid.

Vote:          Gould - Cabrera – Groon – Yes

 

The Mayor then opened up the floor for public comments.  After hearing no comments from the public, the Mayor noted there will be another opportunity to give public comments.

 

The Mayor opened New Business with the first topic:  Army Corps Beach Plan.  The Commissioners agreed there was nothing new to report.  The discussion then turned to the second topic: Memorial Benches.  The Mayor indicated that information was disseminated and it is under review.  Commissioner Cabrera indicated there may be a couple of areas that need to be cleaned up and perhaps allowing the Memorial Bench Program to include Centennial Park.  The Mayor added there was a request for an information sign on the bike path.  The Commissioners agreed there needs to be policy regarding Memorial items and the selected locations within the Borough.  The third topic in New Business was Borough Work Hours.  Commissioner Cabrera indicated that he would like to see in 2015, for the summer months from 8:00-12:00, to have Borough Hall open and perhaps redoing the Commissioner Meetings to include a Saturday meeting.    Commissioner Gould contended that with Saturday, you must have at least two people to work.  The Mayor indicated that with regards to the Summer Commission Meetings on a Saturday, the discussion lies in moving a night meeting or creating a third meeting.  The Mayor then suggested that the proposed third meeting could be an Informational Meeting where no action is taking place.  Commissioner Cabrera contended that it should be a normal Commissioner Meeting where business could be conducted.  With regards to the work schedule, Commissioner Cabrera indicated that several offices that collect money should be open.  He suggested having people cross trained.  Commissioner Gould suggested perhaps opening from 8:30-4:00 (Monday – Friday) and then inquired how it would work financially and with scheduling.  The Mayor pointed out that every permit and application is readily accessible via the internet.  Perhaps it is the access available on the website that needs to be amended. 

 

The Mayor then opened up the floor again for public discussion.  Regina Pace, 6206 Seaview Avenue, spoke about parking in front of her home and how there is no parking available.  The Mayor advised that currently there is no real solution; however, they will discuss it.  Beverlea Auer, 6508 Seaview Avenue, contended that parking is a problem for her as well and trash is left behind.  The Mayor again added this will be an on-going review. 

 

With no further comments from the public, the Commissioners acknowledged Trudi Gilfillian, from the Press of Atlantic City, with a proclamation for her years of dedication to Wildwood Crest. 

 

Before closing the meeting, the Mayor wanted to discuss the topic of branding.  Commissioner Cabrera indicated that the Administrator was working on ideas in collaboration with ideas from the Clerk. The Mayor pointed out that there were two ways in which to go about getting proposals: through RFP or Professional Services.  The Clerk stated that with RFP’s, anyone can submit a proposal and with Professional Services, the Borough can go out and request proposals from companies.  The Solicitor indicated she would research the legal obligations and get back to the Commissioners. 

 

Without further commentary, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

 

Vote:          Gould - Cabrera – Groon – Yes

 

 

Dated: August 20, 2014

Janelle M. Holzmer, Borough Clerk

                                                                                                      

MINUTES OF MEETINGS INDEX