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Minutes of Special Commissioners Meeting   -   November 16, 2015

Note:  Complete Meeting Appears on CD #24-15 on File in the Borough Clerk's Office. November 16, 2015
Wildwood Crest, NJ

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

 

The Special Meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County, New Jersey, was held in the Municipal Court Room at 11:00 a.m.  On roll call, the following answered to their names:

 

Gould –   Yes              Cabrera –   Absent            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 SPECIAL meeting by posting notice on the bulletin board in the Borough Hall and by mailing and FAX transmitting same to the Gazette-Leader, the Herald and The Press on November 10, 2015 at 5:15 p.m.

 

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

 

It was noted that no other business, discussion, or public comments will be permitted at this time, except specifically with respect to the item listed above, due to the limitations imposed on this meeting by the notice authorizing same pursuant to the full provisions of the open public meetings act.

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION No. 532-15

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest entered into the Municipal Shared Services Defense Agreement (“MSSDA”) for the purpose as set forth therein, which included retaining a common expert in the Declaratory Judgment action (“Litigation”) that was filed in accordance with In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (“Decision”); and

 

                WHEREAS, the MSSDA identified Dr. Robert Burchell, a distinguished professor at Rutgers University, as the expert to be retained; and

 

                WHEREAS, Dr. Burchell became ill and has been unable to complete the obligations under the Research Agreement as set forth in the MSSDA; and

 

                WHEREAS, as a result, Rutgers University has exercised its right to terminate the  Research Agreement as permitted under its terms; and

 

                WHEREAS, the MSSDA requires modification to allow the members to retain one or more alternative experts, consultants and/or other professionals for the Litigation; and

 

                WHEREAS, an Amendment to the MSSDA (“Amendment”) has been prepared to effectuate the modification; an

 

                WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest recognizes that the Litigation requires immediate action and may require further expedited actions by its counsel determined to be necessary and appropriate; and

 

        WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the citizens of Wildwood Crest to approve the Amendment, and/or to affirm and ratify the Amendment, and to authorize their designated counsel to take actions on behalf of the municipality with regard to the multiplicity of issues raised and associated with the continued implementation of the MSSDA;

       

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, as follows:

 

1.       The terms and conditions of the Amendment to MSSDA attached hereto are hereby approved, and/or ratified and confirmed.

 

2.       The Mayor and Borough Clerk, be and are hereby authorized to execute the aforesaid Amendment.

 

3.       The Commissioners of the Borough of Wildwood Crest hereby authorizes Jeffrey R. Surenian, Esq., to execute an agreement on behalf of the Wildwood Crest with Econsult Solutions, Inc.

 

The Commissioners of the Borough of Wildwood Crest hereby authorizes Jeffrey R. Surenian, Esq., to execute on behalf of the Wildwood Crest with the approval of the Borough’s designated counsel such other agreement(s) as are advisable to effectuate the purposes of the MSSDA as amended.

 

4.       The Commissioners of the Borough of Wildwood Crest further authorizes its designated counsel to approve such other changes to the MSSDA as may be necessary to effectuate its purposes, and to take action on behalf of the municipality with regard to the multiplicity of issues raised and associated with the implementation of the MSSDA provided that the action will not require the municipality to appropriate and commit any additional funding for the MSSDA.

 

In the event such changes and actions require the municipality to appropriate and commit any additional funding for the MSSDA, Borough of Wildwood Crest shall only be responsible for such funding if it authorizes same.

5.       If additional monies are needed to effectuate the intent and purpose of the MSSDA, no such services shall be authorized by designated counsel without further action from the Borough.

 

6.       This Resolution shall take effect immediately.

 

Mrs. Gould motioned, seconded by Mr. Groon, that the attached bill as properly authorized, as submitted, be paid.

Vote:          Gould-  Yes       Cabrera-  Absent       Groon-Yes

 

There being no further comments from the public, Mrs. Gould motioned, seconded by Mr. Groon, that the meeting be adjourned.  The time was 11:02 a.m.

 

Vote:          Gould-  Yes       Cabrera-  Absent       Groon-Yes

 

Dated: November 18, 2015

Patricia A. Feketics, Municipal Clerk

 MINUTES OF MEETINGS INDEX