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Minutes of Commissioners Meeting   -   October 22, 2014

Note:  Complete Meeting Appears on CD #30-14 on File in the Borough Clerk's Office. October 22, 2014
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

 

Gould - Cabrera – Groon – Yes

 

Commissioner Gould asked for a moment to remember Mayor Bill Henfey from North Wildwood who recently passed away. 

 

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 STATED THAT ORDINANCE NO. 1197 WILL NOT BE ADOPTED AS SCHEDULED; IT IS BEING RE-INTRODUCED DUE TO NECESSARY CHANGES HAVING BEEN MADE.

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1197

AN ORDINANCE REPEALING CHAPTER 67, STREET EXCAVATIONS, AND REPLACING CHAPTER 67, STREET EXCAVATIONS AND OPENINGS, OF THE REVISED GENERAL CODE OF THE BOROUGH OF WILDWOOD CREST                           

       

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1197 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 5, 2014 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that Ordinance No. 1198 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. 1198

BOND ORDINANCE APPROPRIATING $995,000, AND AUTHORIZING THE ISSUANCE OF $947,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1198.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1198 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1198 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:

RESOLUTION NO. 254-14

EXTRACT from the minutes of a regular meeting of the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, held at the Municipal Building, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on October 22, 2014, at 7:00 o’clock P.M.

PRESENT:     GOULD - CABRERA - GROON

ABSENT:     NONE

*       *       *

GOULD introduced and moved the adoption of the following resolution and CABRERA seconded the motion:

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $947,000 BOND ANTICIPATION NOTES OF THE BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY.

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

Pursuant to a bond ordinance of the Borough of Wildwood Crest, in the County of Cape May (herein called “local unit”), entitled: “Bond ordinance appropriating $995,000, and authorizing the issuance of $947,000 bonds or notes of the Borough, for various improvements or purposes authorized to be undertaken by the Borough of Wildwood Crest, in the County of Cape May, New Jersey”, finally adopted on October 22, 2014 (#1198), Bond Anticipation Notes of the local unit in a principal amount not exceeding $947,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

The following matters in connection with said Bond Anticipation Notes are hereby determined:

All notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the local unit, provided that no note issued pursuant to Section 1 hereof shall mature later than (i) one year from the date of the first note issued pursuant to the respective ordinances referred to in said Sections, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the chief financial officer’s signature upon said notes shall be conclusive as to such determinations.

The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2‑12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

All action heretofore taken by officials and professionals of the local unit with regard to the sale and award of said notes in hereby ratified, confirmed, adopted and approved.

This resolution shall take effect immediately.

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

AYES:     GOULD – CABRERA - GROON

NOES:     NONE


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. 255-14

Authorizing the Borough of Wildwood Crest to

Execute an Extension of a Shared Services Agreement

With the City of North Wildwood Pertaining to

Municipal Construction Official

 

WHEREAS, pursuant to Resolution No. 134-09 adopted November 4, 2009, the Borough of Wildwood Crest and the City of North Wildwood entered into a Shared Services Agreement dated November 4, 2009 pertaining to the Municipal Construction Official; and

 

WHEREAS, said agreement provides for a term of one year, terminating December 31, 2011; and

 

WHEREAS, said agreement also provides for the extension of said agreement from year to year, on the same terms and conditions, by mutual agreement and resolution of the parties; and

 

WHEREAS, on December 22, 2011, the governing body, via Resolution No. 687-11, authorized the extension of said agreement through December 31, 2012; and

 

WHEREAS, on December 12, 2012, the governing body, via Resolution No. 899-12, authorized the extension of said agreement through December 31, 2013; and

 

WHEREAS, on December 27, 2014, the governing body, via Resolution No. 1166-13, authorized the extension of said agreement through December 31, 2014; and

 

WHEREAS, it is the desire of the governing body to extend said agreement for an additional one year term, effective January 1, 2015 and terminating December 31, 2015;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Mayor and Borough Clerk be and they are hereby authorized to execute any and all documents necessary to effectuate the extension of said Shared Services Agreement with the City of North Wildwood pertaining to Municipal Construction Official for an additional one year term, effective January 1, 2015 and terminating December 31, 2015.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 256-14

 

Authorizing Exercise of Option for Additional One-Year Renewal of Contract With Trinity Code Inspection, LLC

 

WHEREAS, on December 27, 2012, pursuant to City of North Wildwood Resolution No. 199-12, adopted December 18, 2012, the City of North Wildwood, as lead municipality for North Wildwood and the Borough of Wildwood Crest, under a Shared Services Agreement, entered into a contract with Trinity Code Inspection, LLC, under the terms of which Trinity Code Inspection, LLC would serve as a plan review agency and sub-code officials under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., for the City of Wildwood and the Borough of Wildwood Crest; and

 

WHEREAS, on December 27, 2012, pursuant to Borough of Wildwood Crest Resolution No. 929-12, the Borough of Wildwood Crest ratified, affirmed and authorized the aforesaid contract with Trinity Code Inspection, LLC; and

 

WHEREAS, on October 24, 2013, pursuant to Borough of Wildwood Crest Resolution No. 1123-13, the Borough of Wildwood Crest authorized a one year extension of said contract with Trinity Code Inspection, LLC, through December 31, 2014; and

 

WHEREAS, the contract with Trinity Code Inspection, LLC, as aforesaid is scheduled to expire on December 31, 2014; and

 

WHEREAS, pursuant to its terms and conditions, the contract may be extended for one-year; and

 

WHEREAS, on October 21, 2014, the City of North Wildwood, pursuant to Resolution No. 189-14, authorized the extension of said contract with Trinity Code Inspection, LLC, for a period of one year, through December 31, 2015;

 

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.             All of the statements of the preamble are incorporated herein by this reference as though the same were set forth at length.

 

                2.             The Borough of Wildwood Crest does hereby affirm and authorize the aforesaid extension of contract with Trinity Code Inspection, LLC, to provide on-site inspection and plan review for the building, electric, plumbing and fire subcodes, through December 31, 2015.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 257-14

SUBJECT:           A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1-FINAL AND ESTIMATE CERTIFICATE NUMBER 8-FINAL.

 

                                RECONSTRUCTION OF HEATHER ROAD, PHASE 2

 

WHEREAS, Perna Finnigan, Inc. of Vineland, New Jersey has satisfactorily completed the contract for the project known as Reconstruction of Heather Road, Phase 2; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the total contract amount by $60,143.50 to $869,325.68, submitted this day by the Borough Engineer; with the Borough of Wildwood Crest’s portion being $678,724.65, a decrease of $59,284.03 from the original Borough of Wildwood Crest portion; and with the City of Wildwood Water Utility’s portion being $190,601.03, a reduction of $859.47 from the original City of Wildwood Water Utility portion.

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 8 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note-Harvey Associates, P.C. 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 Change Order Number 1 – FINAL, decreasing the total contract amount to $869,325.68 (Wildwood Crest portion = $678,724.65; Wildwood City portion = $190,601.03) and Estimate Certificate Number 8 – 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 Perna Finnigan, Inc. be made thereon.

 

________________________________

Alicia A. Belansen, CFO

 

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. 258-14

 

SUBJECT:           A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 4-FINAL.

                               

WEST SIDE DRAINAGE IMPROVEMENTS, PHASE 4

 

WHEREAS, WECO Construction, Inc. of Egg Harbor Township, New Jersey has satisfactorily completed the contract for the project known as West Side Drainage Improvements, Phase 4; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $27,511.40 to $390,831.11; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 4 – 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 Change Order Number 1 – FINAL, decreasing the total contract amount to $390,831.11 and Estimate Certificate Number 4 – 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 WECO Construction, Inc. be made thereon.

 

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. 259-14

                                SUBJECT:           A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 5-FINAL.

                               

WEST SIDE DRAINAGE IMPROVEMENTS, PHASE 3

 

WHEREAS, Bud Concrete, Inc. of Sewell, New Jersey has satisfactorily completed the contract for the project known as West Side Drainage Improvements, Phase 3; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $12,664.76 to $384,424.24; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 5 – 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 Change Order Number 1 – FINAL, decreasing the total contract amount to $384,424.24 and Estimate Certificate Number 5 – 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 Bud Concrete, Inc. be made thereon.

 

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. 260-14

Whereas, the Borough of Wildwood Crest desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for an amount not to exceed $400,000 for the Pacific Avenue ADA Compliance Improvements Project and will enter into a grant agreement for said grant if approved;

 

Be it therefore RESOLVED,

 

1) that the Borough of Wildwood Crest does hereby authorize the application for such a grant, and,

 

2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of Wildwood Crest and the New Jersey Department of Community Affairs.

 

Be it further RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement to sign the agreement, and any other documents necessary in connection therewith:

 

                                                                                                                                                                                                                                                    

                                                                                                                                                (signature)                                                                             (signature)

 

                                                                                                                                                                                                                                                    

                                                                                                                                                (typed name)                                                                        (typed name)

 

                                                                                                                                                                                                                                                    

                                                                                                                                                (title)                                                                                       (title)

                                                                                                                                   

CERTIFICATION:

 

I, Janelle Holzmer, the Borough Clerk of the Borough of Wildwood Crest hereby certify that at a meeting of the Borough Commissioners  held on October 22, 2014 the above RESOLUTION was duly adopted.

                                                                                                           

(Signature of Borough Clerk)

 

AFFIX SEAL

 

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. 261-14

Adoption of State Model Citizen Participation Plan for DCA Small Cities Program

 

Whereas, the Borough is Wildwood Crest is an applicant for a Department of Community Affairs Fiscal Year 2015 Small Cities Community Development Project for an amount not to exceed $400,000 for the Pacific Avenue ADA Compliance Improvements Project and will enter into a grant agreement for said grant if approved;

 

Whereas, that grant agreement will require the Borough of Wildwood Crest to comply with all federal regulations with respect to citizen participation; and

 

Whereas, the Borough of Wildwood Crest has reviewed the State Model Citizen Participation Plan prepared for Small Cities CDBG grantees;

 

Now, Therefore Be It Resolved that the Mayor and the Borough Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that;

 

The State Model Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG is adopted by the Borough of Wildwood Crest; and

 

The Borough of Wildwood Crest will follow all regulations set forth in that document throughout the term of the grant agreement cited above.

 

CERTIFICATION

 

I hereby certify that the foregoing is a true copy of a resolution adopted by the Borough of Wildwood Crest, in the County of Cape May, at a meeting thereof held October 22, 2014.

                                                                                                                                           

                                                                                                                                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. 262-14

Identifying Small Cities Fair Housing Officer

 

Whereas, the Borough of Wildwood Crest is applying for a Fiscal Year 2015 Small Cities Community Development Block Grant in an amount not to exceed $400,000 from the New Jersey Department of Community Affairs for financial assistance for the Pacific Avenue ADA Compliance Improvements Project; and

 

Whereas, the Borough of Wildwood Crest must make efforts to affirmatively further fair housing; and

 

Whereas, the Borough of Wildwood Crest has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

 

Whereas, the Borough of Wildwood Crest has made assurances in the grant agreement that;

 

1.                                             It will comply with the Housing and Community Development Act of 1974, as amended, and regulations issues thereto; and

2.                                             It will comply with the Civil Rights Act of 1964, and the regulations issued thereto it; and

3.                                             It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing; and

4.                                             It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of 1973.

Now, Therefore, Be It Resolved that the Borough Clerk shall be designated as the Small Cities Program Fair Housing Compliance Officer for the Borough of Wildwood Crest; and

 

Be It Further Resolved that the Fair Housing Officer shall contact the US HUD Regional Office of Housing and Equal Opportunity and the NJ Division on Civil Rights, inform those agencies of his/her appointment as Fair Housing Officer and request Fair Housing Information; and

 

Be It Further Resolved, that the Fair Housing Officer shall provide fair housing advisory services and assistance and referral advice to persons requesting such assistance from the Borough of Wildwood Crest; and

 

Be It Further Resolved, that the Borough of Wildwood Crest will publish in the local newspaper of record and post at the Borough Municipal Building a public notice announcing the appointment of the Fair Housing Officer and the availability of local fair housing advisory services.

                                                                                       

I hereby certify that the foregoing is a true copy of a resolution adopted by the Borough of Wildwood Crest, in the County of Cape May, at a meeting thereof held October 22, 2014.

 

                                                                                                                                                                                                                                                                                                                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. 263-14

Approving Public Facilities Grant Management Plan

 

WHEREAS, the Borough of Wildwood Crest will apply for $400,000 in Fiscal Year 2015 CDBG funds for the Pacific Avenue ADA Compliance Improvements Project;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to prepare a Grant Management Plan to define project staffing and project activities;

 

WHEREAS, the NJ Department of Community Affairs requires Wildwood Crest Borough to officially adopt its Grant Management Plan;

 

WHEREAS, the Borough has prepared a Grant Management Plan for its Fiscal Year 2015 Public Facilities project;

 

NOW, THEREFORE BE IT RESOLVED, that the Borough Commissioners of the Borough of Wildwood Crest adopts the Grant Management Plan prepared by Blauer Associates for the Fiscal Year 2015 Public Facilities project.

 

CERTIFICATION

 

I hereby certify that the foregoing is a true copy of a resolution adopted by the Borough of Wildwood Crest, in the County of Cape May, at a meeting thereof held October 22, 2014.

 

                                                                                                                                                                                                                                                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. 264-14

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest have deemed it in the best interests of the Borough to revise employee and retiree health benefits pursuant to the provisions of N.J.S.A. 40A:10-23; and

 

WHEREAS, it is the desire of the Board of Commissioners to make certain changes to employee and retiree health benefits;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the appropriate Borough personnel be and they are hereby authorized and instructed to implement changes to the employee and retiree health benefits, effective January 1, 2015, as follows:

 

                1.             All active employees shall be enrolled in the Horizon Blue Cross Direct 1525 plan through New Jersey State Health Benefits Program. Any employee who desires to remain with their current Direct10 plan may do so and reimburse the Borough the differential between the premium costs of the two plans.

                2.             All retired employees shall be enrolled in the Horizon Blue Cross Direct 1525 plan through New Jersey State Health Benefits Program. Any retiree who desires to remain with their current plan may do so and reimburse the Borough the differential between the premium costs of the two plans.

 

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. 265-14

WHEREAS, the Sunset Lake Hydrofest Association has requested that the Board of Commissioners of the Borough of Wildwood Crest grant permission to hold, and ultimately approve, an event known as the “The Wildwoods New Jersey Governor’s Cup Hydrofest,” during the weekend of October 3 – October 4, 2015; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest is committed to the advancement of tourist-related, “off-season” events and the co-sponsorship of this event is a further example of this commitment; and

 

WHEREAS, the Sunset Lake Hydrofest Association shall supply to the Municipal Clerk of the Borough of Wildwood Crest proof of sufficient insurance coverage as required by the Borough, and the said Association shall include therewith an agreement to hold the Borough of Wildwood Crest harmless and indemnify the Borough of Wildwood Crest against any and all claims arising out of the set-up/closing down and/or actual conduct of the aforesaid “The Wildwoods New Jersey Governor’s Cup Hydrofest” weekend; all of which shall be finally submitted prior to the actual commencement of the event.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, hereby authorizes the Sunset Lake Hydrofest Association to conduct the special event known as “The Wildwoods New Jersey Governor’s Cup Hydrofest,” consisting of inboard hydroplane and flatbottom powerboat races upon the waters known as Sunset Lake. The event will also host a food and Craft Festival within the boundaries of New Jersey Avenue, necessitating its closing from Rambler road to Monterey Avenue and Bayview Drive from Nashville Avenue to Monterey Avenue. The display and sale of food, crafts and boats will be under the authority and control of the Sunset Lake Hydrofest Association, and they are authorized to conduct such activities within the boundaries of the event during October 3-4, 2015, subject to compliance by the Sunset Lake Hydrofest Association with all applicable provisions of the Code of the Borough of Wildwood Crest, as well as the conditions set forth hereinabove.

 

BE IT FURTHER RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the said Board hereby authorizes in-kind services to be provided, including but not limited to: not more than twelve (12) port-o-potties, sufficient trash receptacles and necessary janitorial services, electrical and water service in the pit area, electrical service along lake frontage as presently designed, and police, fire, and rescue service, traffic control, and all necessary barriers to maintain a safe environment for the event.

 

Mr. Cabrera motioned, seconded by Mr. Groon, that the foregoing resolution be adopted.

Vote:          Gould – No           Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 266-14

BE IT RESOLVED BY THE Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that TRICK OR TREAT be and the same shall be observed in the Borough of Wildwood Crest on FRIDAY, OCTOBER 31, 2014, BETWEEN THE HOURS OF 5:00 P.M. AND 7:00 P.M.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 267-14

 

WHEREAS, the PTC CREST MEMORIAL SCHOOL made application on October 10, 2014 for a Raffles License under Application No. RA-104; 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-104 to PTC CREST MEMORIAL SCHOOL 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 PTC CREST MEMORIAL SCHOOL a Certificate of Findings and Determination to be signed by the proper officer of said Board of Commissioners under Application No. RA-104 made by said PTC CREST MEMORIAL SCHOOL; 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 PTC CREST MEMORIAL SCHOOL 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. 268-14

WHEREAS, on October 10, 2014 , WOMEN OF WILDWOOD , 116 W. Forget-Me-Not Rd. , Wildwood Crest, NJ 08260 , applied for a Special Events Permit for the purpose of a BENCH DEDICATION   to be held on November 2, 2014 (rain date November 9, 2014) ,  from 1:00 p.m. to 1:30 p.m., at the WASHINGTON AVE PARK ; and

                                                                                                                                                         

WHEREAS,  WOMEN OF WILDWOOD, 116 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 she is hereby authorized and directed to issue a Special Events Permit to  WOMEN OF WILDWOOD , 116 W. Forget-Me-Not Rd., Wildwood Crest, NJ 08260 for the purpose of a BENCH DEDICATION  to be held on November 2, 2014 (rain date November 9, 2014) , from 1:00 p.m. to 1:30 p.m., at the WASHINGTON AVE 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. 269-14

Opposing S2368 and Legislative Measure S-648 Blocking the Beach Fees

in Shore Municipalities Accepting Certain Government Provided Funding

 

WHEREAS, the Mayor and Governing Body of the Borough of Wildwood Crest are categorically opposed to S2368 (“An act concerning requirements for accepting governmental assistance to replenish storm damaged beaches and amending P.L. 1955, c. 49”) and respectfully requests that S2368 be immediately removed from consideration by the esteemed body of the New Jersey State Senate, and;

 

WHEREAS, the introduction of revised measure with the same intent is currently pending before the Legislature is a measure (S-648) that would “block” beach fees in shore municipalities accepting certain government-provided beach replenishment funding.  Shore municipalities that accept federal or state aid to replenish beaches damaged by storms would also be required to provide free rest room access for beachgoers from Memorial Day weekend through Labor Day weekend, and;

 

WHEREAS, to make up for the loss of revenue from the beach fee prohibition, this legislation would call upon the Legislature to annually appropriate 2 percent of the taxable receipts collected under the sales and use tax in shore municipalities back to those shore municipalities.  As explained in its statement, the purpose of S-648 is twofold: “(i) open beaches that are supported by public funding to the public; and (ii) to supplant shore municipalities beach revenue streams with sales and use tax revenue attributable to shore related commerce, and;

 

WHEREAS, while S-648 doesn’t outright impose a state takeover of our beaches, it would undercut municipalities and place the state in firm control of funding beach maintenance.  Aside from the complications generally involved by asserting state control over anything, there’s another gaping pitfall in the legislation that can’t be simply dismissed or even understated.  As provided under New Jersey’s Constitution, the state budget supersedes statutory law with respect to funding services and programs.  So whenever the 2 percent sales tax collection provision required under S-648 becomes an obstacle in preparing the state budget, that funding would be a ripe target for being cut or dedicated for other-than intended uses to close budget holes, and;

 

WHEREAS, there is precedence for this whereby in a shrewd and politically calculated maneuver, the state decided to raid the Shore Protection Fund for millions of dollars to provide funding for state parks as part of the fiscal year 2009 state budget deliberations.  Regrettably, protecting our coastline seemed a lesser priority.  If anything, the widespread devastation caused by Sandy violently demonstrated the critical importance of beach replenishment, and;

 

WHEREAS, S-648 sets the stage for beach replenishment funding to become a political football every year during the budget process which would be irresponsible and, ultimately, self-defeating, including from an economic standpoint.  New Jersey’s pristine beaches play an integral role in the state’s tourism industry as attractive travel destinations and, as such, generate significant revenue that far exceeds the amount collected in beach fees, and;

 

WHEREAS, there are numerous other instances where federal or state funding is received for capital projects throughout the State of New Jersey and a user fee is collected, such as NJ Transit, the Garden State Parkway and the State Park system including Island Beach State Park (an un-replenished beach) to meet operational costs, and;

 

WHEREAS, S-648 thus singles out shore municipalities for a special, unique “tax” creating an unequal class of citizens in contradiction to the precepts of both our State and Federal constitutions, so;

 

BE IT RESOLVED, that the Mayor and governing Body of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey find that they are categorically opposed to S2368 and respectfully respect that S-648 be immediately removed from consideration by the esteemed body of the New Jersey State Senate, and;

 

BE IT FURTHER RESOLVED, that the Mayor and Governing Body of the Borough of Wildwood Crest, in the County of Cape May, State of New Jersey support the efforts and the initiatives of the 9th Legislative District and all other shore municipalities in the collective effort to have S-648 removed from consideration, and;

 

THEREFORE, BE IT FURTHER RESOLVED, that a copy of this resolution be immediately transmitted to the Honorable Chris Christie, Governor; the Honorable Stephen Sweeney, NJ State Senate President, 9th New Jersey State Legislative Districts, the Cape May County Board of Chosen Freeholders, the municipalities of Cape May County and each municipality in Monmouth, Ocean and Atlantic Counties which border on the Atlantic Ocean and collect beach fees for the purpose of funding the operational costs of maintaining a municipal beach.

 

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

 

Mrs. Gould motioned, seconded by Mr. Cabrera that all reports received from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending September 30, 2014 be accepted as presented.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that the minutes of Commission Meetings held September 17, 2014 and October 8, 2014, as well as Closed Session minutes of October 8, 2014 and October 15, 2014; and the Special Meeting minutes of September 24, 2014 and October 15, 2014, be approved as presented.

Vote:          Gould - Cabrera – Groon – Yes

 

The Mayor opened up the floor for public commentary.  After hearing nothing from the public, the Mayor introduced New Business.  The first topic of Army Corps Beach Plan would be discussed further in closed session.  The next two topics of Memorial Benches and Borough Work Hours still need to be discussed further.  Emergency Generators appears to have run into a problem and perhaps the grant may not be available; to be eligible for the grant, the project cannot be already be initiated.  As is, there may not be an emergency place for our Community.   It was pointed out the County and the State has designated shelters.     With regards to Sunset Lake Storm Damage, it is being handled through the Police Department.  It appears the Borough has been denied again and it is again being appealed.  Lastly, the Special Event Application of Partners for Turtle Gut Inlet Event to be held June 27, 2015, needs further discussion and will be discussed on November 5, 2014. 

With regards to Old Business, the 2013 Capital Improvements have not changed and will remain on Old Business. 

 

The Mayor then opened the floor once again for public commentary.  After hearing nothing from the public,

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 270-14

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) issue(s) is/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, October 22, 2014 at 7:00 P.M.; and

 

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

 

_______                “(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.” The legal citation to the provision(s) at issue is: _________________________________________ and the nature of the matter, described as specifically as possible without undermining the need for confidentiality is____________________________________________________

 

________             “(2) Any matter in which the release of information would impair a right to receive funds from the state or federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

________             “(3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _________________________________________

 

________             “(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body.” The collective bargaining contract(s) discussed are between the Borough and _________________________________________

 

________             “(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ________________________

 

________             “(6) Any tactics and techniques utilized in protecting the safety and property of the public provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is ____________________________________________________

 

__1_____             “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are ______________________ and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality is Potential Litigation U.S. Army Corps of Engineers Beach Plan

 

________             “(8) Any matter involving the employment, appointment, termination of employment, terms and conditions or employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting.” Subject to the balancing of the public’s interest and the employee’s privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478, the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are __________

 

________             “(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is _______________________

 

WHEREAS, the Board of Commissioners shall reconvene the public meeting at the conclusion of the authorized closed or executive session, which may or may not include formal action as a result of the discussion(s) held.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, assembled in public session on the date of the meeting of the governing body set forth herein above, that a closed session shall be held for the discussion of matters relating to the specific items designated above involving the Borough of Wildwood Crest.  The governing body shall convene a closed session discussion immediately upon passage of this resolution and it is anticipated that the deliberations conducted in closed session shall be disclosed to the public upon conclusion of the matter and/or after determination of the Board of Commissioners that the public interest will no longer be served by such confidentiality and that the meeting will return to open session at the conclusion of the discussion and formal action may be taken if/as authorized.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, at the present public meeting, shall read aloud enough of this resolution so that members of the public in attendance can understand, as precisely as possible, the nature of the matters that will be privately discussed.

 

BE IT FURTHER RESOLVED that the Municipal Clerk, on the next business day following this meeting, shall furnish a copy of this resolution to any member of the public who requests one at the fees authorized by N.J.S.A. 47:1A-1, et. seq.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Upon returning from Closed Session and with nothing further to discuss, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned at 8:34 p.m.

 

Vote:          Gould - Cabrera – Groon – Yes

                  

 

Dated: November 24, 2014

                                                                               

Janelle M. Holzmer, Borough Clerk

                                                                            

MINUTES OF MEETINGS INDEX