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Minutes of Commissioners Meeting   -   December 23, 2014

Note:  Complete Meeting Appears on CD #34-14 on File in the Borough Clerk's Office. December 23, 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 and FAX transmitting same to the Gazette-Leader, Herald of Cape May County and The Press on November 3, 2014.

 

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

 

Mr. Groon motioned, seconded by Mrs. Gould, that Ordinance No. 1200 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. 1200

AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT PERSONNEL PRACTICES AND AUTHORIZING THE BOROUGH CLERK/ BOARD DESIGNEE AND THE CHIEF FINANCIAL OFFICER TO IMPLEMENT SAID PRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THE BOROUGH OF WILDWOOD CREST

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1200.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1200 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1200 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1201 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. 1201

AN ORDINANCE AMENDING CHAPTER 46 – OFFICERS AND EMPLOYEES, ARTICLE I, SECTION 46-1 – DEFINITIONS; SECTION 46-3 – DETERMINATION OF AMOUNT; SECTION 46-4 – LIMITATIONS; SECTION 46-5.1 – GROUP INSURANCE; SECTION 46-19 – NORMAL WORK WEEK; ARTICLE IV – MUNICIPAL ADMINISTRATION – SECTIONS 46-23 THROUGH 46-29; ARTICLE V – BACKGROUND CHECKS FOR EMPLOYEES AND VOLUNTEERS – SECTIONS 46-30 THROUGH 46-32, AND ADDING A SECTION TO ARTICLE V A NEW SECTION ENTITLED ‘OPPORTUNITY TO COMPETE’, AND AMENDING ORDINANCE NO. 496 ADOPTED 11-9-1976, ORDINANCE NO. 600 ADOPTED 3-19-1985, ORDINANCE NO. 853 ADOPTED 2-8-1999, ORDINANCE NO. 866 ADOPTED 2-23-2000, ORDINANCE NO. 990 ADOPTED 12-21-2005, ORDINANCE NO. 1001 ADOPTED 2-22-2006, ORDINANCE NO. 1082 ADOPTED 11-23-2009, ORDINANCE NO. 1114 ADOPTED 11-22-2010, AND ORDINANCE NO. 1126 ADOPTED 05-11-2011 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1201.

Vote:          Gould-Cabrera-Groon-   Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1201 be closed.

Vote:          Gould-Cabrera-Groon-   Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that Ordinance No. 1201 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-   Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1202

AN ORDINANCE REPEALING CHAPTER 46, OFFICERS AND EMPLOYEES, ARTICLE IV, MUNICIPAL ADMINISTRATOR, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND REPEALING ORDINANCE NO. 990 ADOPTED DECEMBER 21, 2005, AND ORDINANCE NO. 1175 ADOPTED SEPTEMBER 18, 2013

Mrs. Gould asked why the ordinance needed to be repealed and the Borough Solicitor indicated that when the Ordinance was introduced, the Board of Commissioners gave all those powers to an Administrator that we currently do not have and in the interim, the Governing body needs to decide where the powers should revert. The Solicitor also indicated that the duties were based on dual title of former Clerk/Administrator. 

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1202 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 7, 2015 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1204

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 34, FIRE DEPARTMENT, SECTION 34-5, HEALTH INSURANCE COVERAGE, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 5 ADOPTED JANUARY 2, 1911, AND ORDINANCE NO. 1087 ADOPTED JANUARY 27, 2010

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1204 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 7, 2015 at 9:30 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 293-14

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated November 5, 2014, and published in The Herald issue of November 12, 2014, for the following item:

 

EMERGENCY MEDICAL BILLING SERVICE; and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that the contract be awarded to the “lowest responsible bidder,” Cape Professional Billing, Inc., P.O. Box 670, Cape May Court House, New Jersey 08210, for the bid price as follows:

 

Total Commission to be Paid

 

Year 1 (3/15 – 3/16)                          Year 2 (3/16 – 3/17)                          Year 3 (3/17 –12/17)

 

5.75% collections received                5.75% collections received          5.75% collections received

or minimum $350 monthly               or minimum $350 monthly          or minimum $350 monthly

 

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

 

WHEREAS, the Chief Financial Officer has reviewed the bids submitted and provided a financial analysis, recommending that the contract be awarded to the “lowest responsible bidder,” Cape Professional Billing, Inc., P.O. Box 670, Cape May Court House, New Jersey 08210.

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

 

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

                2.  That contract be awarded to the “lowest responsible bidder” as aforesaid, and for the total and complete bid amounts as indicated; all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

                3.  That the Mayor and the Borough Clerk be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough, provided necessary funds are available, and the governing body provides sufficient funding in C/Y 2016 and 2017.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 294-14

 

WHEREAS, N.J.S.A. 40A:4-58 permits transfers between budget appropriations during the final two (2) months of the fiscal year;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that transfers between 2014 budget appropriations be and the same are hereby authorized as follows:

 

Appropriation Title

To

 

From

 

 

 

 

Fleet Maintenance - Other Expenses

                 17,000.00

 

 

Fleet Maintenance - Salaries and Wages

 

 

                    17,000.00

 

 

 

 

 

 

 

 

 

 $              17,000.00

 

 $                  17,000.00

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 295-14

WHEREAS, N.J.S.A. 40A:4-60 provides that unexpended balances of budget appropriations may be canceled prior to the end of the fiscal year; and

 

WHEREAS, it is deemed to be in the best financial interest of the Borough of Wildwood Crest to cancel unexpended 2014 appropriation balances.

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that unexpended 2014 appropriation balances be and are hereby authorized to be canceled as follows:

 

Appropriation Title                                                                                              Amount Authorized to be Canceled

 

Recreation – S&W                                                                                                     $                           36,457.97                         

Fire Department – S&W                                                                                                                              500.08

Tourism – S&W                                                                                                                                         8,262.50

Lifeguards – S&W                                                                                                                                    5,430.54

Ambulance Service – S&W                                                                                                                  30,000.00

Environmental Commission – S&W                                                                                                     1,500.00

Traffic Safety – S&W                                                                                                                              2,574.62

Fire Official – S&W                                                                                                                                  4,056.28

Borough Administration – S&W                                                                                                            5,934.68         

Financial Administration – S&W                                                                                                        12,118.16                         

Assessment of Taxes – S&W                                                                                                                  1,255.17

Collection of Taxes – S&W                                                                                                                        378.71

Construction Official – S&W                                                                                                                            .03                         

Director of Revenue and Finance – S&W                                                                                               651.10

Code Enforcement – S&W                                                                                                                     8,807.25

Police – S&W                                                                                                                                        220,000.00

Public Works – S&W                                                                                                                              45,000.00

Beach Maintenance – S&W                                                                                                                 10,275.99

Fleet Maintenance – S&W                                                                                                                    19,000.00

Sanitation – S&W                                                                                                                                   20,000.00

Recycling – S&W                                                                                                                                    29,847.24

Sewerage – S&W                                                                                                                                    10,011.75

Public Buildings – S&W                                                                                                                         27,038.28

Director of Public Works – S&W                                                                                                                      .10

Matching Funds for Grants                                                                                                                   12,000.00

Interest on Notes                                                                                                                                          353.18

NJEIT Interest                                                                                                                                                   5.42

NJEIT Principal                                                                                                                                                    .83

 

 

TOTAL AUTHORIZED TO BE CANCELED                                                      $                        511,459.88

 

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. 296-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized to void the following checks issued against Borough of Wildwood Crest Disbursement Account at Crest Savings Bank (Acct. No. 54-901557-9):

 

Check #            Check Date                                            Amount

 

36779                      6/12/13                                               $450.00

36817                      6/12/13                                                 $35.00 

37626                    11/25/13                                              $453.68 

37689                    12/11/13                                              $100.00

37732                    12/11/13                                         $100.00       

 

TOTAL AUTHORIZED TO BE VOIDED                 $ 1,138.68

 

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. 297-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Chief Financial Officer be and is hereby authorized to void the following checks/charges issued against Borough of Wildwood Crest Payroll Account at Crest Savings Bank (Acct. No. 54-901558-7):

 

Check #                 Check Date                                     Amount

 

61974                                                                                        $2.20

62201                                                                                     $94.25

62697                       5/10/2013                                  $63.22

62855                       5/24/2013                                $143.40

63173                       6/21/2013                                $281.08

63383                         7/5/2013                                  $38.95

63648                         7/5/2013                                  $60.97

63672                       6/21/2013                                $281.09

63922                       7/19/2013                                  $12.12

64183                         8/2/2013                                  $12.12

64686                        8/30/2013                                   $4.86

64706                        9/13/2013                                 $27.10

 

TOTAL AUTHORIZED TO BE VOIDED                 $ 1,021.36

 

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. 298-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Municipal Court Administrator be and is hereby authorized to void the following checks issued against the Borough of Wildwood Crest Municipal Court General Account and to void the following check against Borough of Wildwood Crest Bail Account:

 

Wildwood Crest Municipal Court General Account (# 549015652 / Crest Savings)

 

Check #

Check Date

Payable To

Amount

2051

3/18/2013

Edgar Nieves

$7.00

2075

8/13/2013

Timothy Hamm

$12.00

2081

9/10/2013

Nicole Penater

$3.00

2083

9/10/2013

Onesino Pereyra, Jr.

$3.00

2085

10/11/2013

Michelle Brice

$1.00

 

 

 

 

 

TOTAL AUTHORIZED TO BE VOIDED

$26.00

 

Wildwood Crest Municipal Court Bail Account (# 549015736 / Crest Savings)

Check #

Check Date

Payable To

Amount

3244

3/21/2013

Frank Alfe

$250.00

 

 

 

 

 

TOTAL AUTHORIZED TO BE VOIDED

$250.00

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

Vote:           Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 299-14

WHEREAS, on November 26, 2014 , J.F. KIELY CONSTRUCTION COMPANY , 916 Route 9 North , Swainton, NJ 08210 , entered into a contract for PRIVATE DUTY POLICE DETAIL from December 1st through December 5th, 2014, and included full payment of $3,612.50 for contracted dates; and

                                                                                                                                                         

WHEREAS, on the morning of December 3, 2014 , J.F. KIELY CONSTRUCTION COMPANY, 916 Route 9 North, Swainton, NJ 08210, canceled the remaining detail; and

 

WHEREAS, on December 17, 2014, J.F. KIELY CONSTRUCTION, 916 Route 9 North, Swainton, NJ 08210 requested a refund of monies in escrow for the cancelled contracted dates, amounting to a total of $1,827.50 after minimum payment required for cancellation as per contract; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Chief Financial Officer of the Borough of Wildwood Crest be and she is hereby authorized and directed to cause a refund in the amount of $1,827.50 to J.F. KIELY CONSTRUCTION COMPANY, 916 Route 9 North, Swainton, NJ 08210 for the reason set forth hereinabove.

 

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. 300-14

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that an agreement with KML TECHNOLOGY, INC. be and the same is hereby authorized and approved effective January 1, 2015 through December 31, 2015, for the express purpose of enabling said KML TECHNOLOGY, INC. to provide technology support and service for SmartDMS 911 System within 4 business hours for Emergency Maintenance and by 5:00 P.M. the next business day for Remedial Maintenance at the not to exceed amount of $4,500.00.

 

BE IT FURTHER RESOLVED that the Mayor and the Municipal Clerk be and they are hereby authorized, instructed, and empowered to execute and attest any and all documents, including the “Provider Agreement,” necessary to effectuate the award of this agreement; all of which is fully approved subject to the certification of availability of funds below from the CFO.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 301-14

Governor’s Council on Alcoholism and Drug Abuse

Fiscal Grant Cycle July 1, 2015 to June 30, 2016

 

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and,

WHEREAS, the Borough of Wildwood Crest further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Cape May;

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey does hereby authorize the submission of the grant for the Greater Wildwood Municipal Alliance Consortium grant in the amount of:

DEDR   $20,788

Cash Match          $5,197

In-Kind $15,591

 

The Borough of Wildwood Crest portion of the local cash match shall be $1,524.00.

 

The Board of Commissioners of the Borough of Wildwood Crest acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

APPROVED: Carl H. Groon, Mayor

 

CERTIFICATION

I, Janelle M. Holzmer, Municipal Clerk of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Board of Commissioners on this ________ day of _________________, 2014.

                                               

                                      Janelle M. Holzmer, Municipal 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. 302-14

WHEREAS, on December 1, 2014 , NORMA JEAN HENSON , 320 W. Branch Ave., Apt #Berkshire 40-J , Pine Hill, NJ 08021 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on May 9, 2015 ,  from 3:00 p.m. to 5:00 p.m., on the HEATHER ROAD BEACH PIER ; and

                                                                                                                                                         

WHEREAS, J.F. KIELY CONSTRUCTION COMPANY, 916 Route 9 North, Swainton, NJ 08210, 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 J.F. KIELY CONSTRUCTION COMPANY , 916 Route 9 North, Swainton, NJ 08210 for the purpose of a WEDDING to be held on May 9, 2015, from 3:00 p.m. to 5:00 p.m., on the HEATHER ROAD BEACH PIER.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 303-14

WHEREAS, on December 15, 2014 , BRIANNE BERGEN , 287 Gemini Dr. Unit 2A , Hillsborough, NJ 08844 , applied for a Special Events Permit for the purpose of the BERGEN-ELFO WEDDING   to be held on June 27, 2015 ,  from 3:00 p.m. to 6:00 p.m., at the HEATHER ROAD BEACH PIER ; and

                                                                                                                                                         

WHEREAS, J.F. KIELY CONSTRUCTION COMPANY, 916 Route 9 North, Swainton, NJ 08210,       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 J.F. KIELY CONSTRUCTION COMPANY , 916 Route 9 North, Swainton, NJ 08210 for the purpose of a WEDDING to be held on May 9, 2015, from 3:00 p.m. to 5:00 p.m., on the HEATHER ROAD BEACH PIER.

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that all bills properly authorized, as submitted be paid and that the CFO and Borough Clerk be and they are hereby authorized and instructed to pay any bill properly submitted through December 31, 2014.

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 November 30, 2014 be accepted as presented and filed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera that the minutes from Commission Meetings held November 24, 2014 and December 10, 2014 be approved as presented.

Vote:          Gould - Cabrera – Groon – Yes

The Mayor noted for the record that there were no members from the public in attendance.  Therefore, after hearing nothing from the public, the Mayor opened Discussion of New Business and Old Business and indicated he had nothing new to report.  Commissioner Gould and Commissioner Cabrera agreed. 

 

The floor was once again opened for public comment.  Commissioner Gould indicated that the Borough calendars look great.  After hearing nothing further,

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 304-14

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 December 23, 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 ____________________________________________________

 

____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 contract negotiations, specifically Beach Umbrella Concession

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

 

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

 

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

 

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

 

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

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

 

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

 

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

Vote:          Gould - Cabrera – Groon – Yes

 

Upon returning from Closed Session, the Clerk reported that the Governing Body instructed the Clerk to contact the current Concessionaire for the Beach Umbrella to request of him a proposal for the 2015 Beach Umbrella Concession. 

 

With nothing further to discuss, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned at 9:51 a.m.

 

Vote:          Gould - Cabrera – Groon – Yes                  

 

Dated: January 21, 2015

Janelle M. Holzmer, Borough Clerk  

MINUTES OF MEETINGS INDEX