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Minutes of Commissioners Meeting   -   November 18, 2015

Note:  Complete Meeting Appears on CD #25-15 on File in the Borough Clerk's Office. November 18, 2015
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

 

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 same to the Gazette-Leader, Herald of Cape May County and The Press on November 12, 2014.

 

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

 

THE CLERK NEEDED SEVERAL DOCUMENTS FOR ADOPTING THE ORDINANCES AND WOULD REVISIT AFTER DISCUSSION.

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 533-15

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 2015 budget appropriations be and the same are hereby authorized as follows:

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 534-15

 

CHANGE ORDER #1

ATLANTIC AVENUE LIBRARY PARKING LOT

 

WHEREAS, The Borough of Wildwood Crest is desirous of completing additional concrete curb, gutter and sidewalk improvements along Atlantic Avenue as part of the Atlantic Avenue Library Parking Lot project; and

 

WHEREAS, Charles Marandino, LLC, PO Box 20, Milmay, NJ 08340, the contractor performing the Atlantic Avenue Library Parking Lot project has agreed to complete the necessary work for the unit prices included in the contract as shown on Change Order #1 increasing the contract amount by $19,410.00, resulting in a new contract amount of $143,489.00; and

 

WHEREAS, Ralph Petrella Jr., the Borough Engineer recommends approval of said change order.

 

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, as follows:

 

  1. That Change Order #1 increasing the contract amount by $19,410.00, resulting in a new contract amount of $143,489.00 be and is hereby approved.
  2. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said change order documents on behalf of the Borough of Wildwood Crest.
  3. That certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest is required and provided below.

 

Alicia A. BELANSEN, CFO

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 535-15

WHEREAS, the Board of Commissioners adopted Resolution 513-15, adopted on October 7, 2015 authorizing a fifty percent refund to individuals who purchased Reduced Rate Parking Permits pursuant to Appendix A; and

 

WHEREAS, the Board of Commissioners has also determined that it will be refund fifty percent of the Reduced Rate Parking Meter Fee of SIXTY TWO DOLLARS AND FIFTY CENTS ($62.50) to those who purchased said parking meter permits.

 

WHEREAS, the Tax Collector for the Borough of Wildwood Crest has determined some corrections were needed to  Appendix A  of  Resolution 513-15 to properly reflect the purchase of reduced rate permits and  refunds appropriately due; and

 

WHEREAS, the Board of Commissioners is committed to ensuring the correct refunds are made to the individuals who purchased the Reduced Rate Parking Permits; and

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that Resolution 513-15 be amended pursuant to changes listed on Appendix B, attached hereto and made a part of this resolution.

 

BE IT FURTHER RESOLVED the Chief Financial Officer be and is hereby authorized and directed to make the corrections as listed on the attached Appendix B in accordance with the original amount  SIXTY TWO DOLLARS AND FIFTY CENTS per reduced rate permit.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 536-15

WHEREAS, there exists the need for “Professional Services” of a Professional Planner  to assist the Borough in the process of addressing its Third Round affordable housing obligation, and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised, and

 

WHEREAS, Jennifer Beahm, PP, AICP of  CME Associates is experienced and capable of providing the necessary planning services needed by the Borough of Wildwood Crest.

 

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

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

2.    That the Mayor and Borough Clerk be and they are hereby authorized, instructed and empowered to execute the attached agreement effective immediately through December 31, 2016,  with Jennifer Beahm, PP, AICP of CME Associates, who shall be compensated pursuant to attached proposal, but in no case shall the compensation exceed Fifteen Thousand Dollars.

3.    This contract is awarded in accordance with the provisions of N.J.S.A. 40A:11-1 et seq. as an authorized exception to the public bidding as a Professional Services Contract and has not been awarded in accordance with the open and fair process of the New Jersey Pay to Play Law, but all conditions required for the award have been met as set forth in N.J.S.A. 19:44A-1 to permit said award.

4.    The award of this contract is contingent upon production of the  Business Entity Disclosure Certificate, Affirmative Action Compliance Notice, New Jersey Certificate of Employee Information Report, New Jersey Business Registration Certificate

and proof of insurance as required in the contract and certification from the Chief Financial Officer as to the availability of funds.

5.    A copy of the specific items pertaining to the award of this contract shall be published in a notice of award in The Herald of Cape May County as required by the law within ten (10) days of this resolution authorizing same.

Alicia A. Belansen, CFO

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 537-15

WHEREAS, the Board of Commissioners passed Resolution No. 527-15, adopted on November 4, 2015; and

 

WHEREAS, it has been determined to rescind the Resolution NO. 527-15, due to an error.


NOW THEREFORE, be it resolved,

 

WHEREAS, bids have been received in response to advertisement of Notice to Bidders   

published in The Herald issue of  October 14, 2015, for the following item:

 

2015-2017 Trench Restoration Contract; and

 

WHEREAS, GWP Enterprises, Inc., PO Box 498, Franklinville, New Jersey 08322, submitted the low bid in the amount of $13.10 per unit at the not to exceed amount Thirty One Thousand Four Hundred Forty Dollars and No Cents ($31,440.00); 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,” GWP Enterprises, Inc., PO Box 498, Franklinville, New Jersey 08322, for the bid amount of $13.10 per unit at the not to exceed amount of Thirty One Thousand Four Hundred Forty Dollars and No Cents ($31,440.00) for the life of the contract, to perform all required work in connection with the project described above; that said award is further conditioned upon technical review by Ralph Petrella, Jr., Borough Engineer, as to compliance with the bid specifications, and upon receipt of certification of available funds by the Chief Financial Officer of the Borough of Wildwood Crest; and

 

WHEREAS, the legal opinion provided does specifically recommend that the contract be awarded to the above “lowest responsible bidder,’ and is finally conditioned upon compliance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid/contract documents appertaining to this award which are made a part hereof by reference as if fully set forth; and

 

WHEREAS, Ralph Petrella, Jr., Borough Engineer, has reviewed the total and complete bids submitted in conjunction with the specifications and all other requirements appertaining thereto and has certified that the compliance has been met and that a contract be awarded to GWP Enterprises, Inc., PO Box 498, Franklinville, New Jersey 08322, for the total bid amount of $13.10 per unit at the not to exceed amount of Thirty One Thousand Four Hundred Forty Dollars and No Cents ($31,440.00).

 

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, as follows:

 

  1. That the allegations of the preamble hereto are incorporated hereby in reference as if fully set forth.
  2. That a contract be awarded to the successful bidder, GWP Enterprises, Inc., PO Box 498, Franklinville, New Jersey 08322, for the total and complete project bid of $13.10 per unit at the not to exceed amount of Thirty One Thousand Four Hundred Forty Dollars and No Cents ($31,440.00).
  3. That the Mayor and Borough Clerk of the Borough of Wildwood Crest be and they are hereby authorized and directed to execute and attest said contract on behalf of the Borough of Wildwood Crest.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

 

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 538-15

WHEREAS, on November 13, 2015 , the GREATER WILDWOOD JAYCEES , PO Box 63, Wildwood , NJ 08260 , applied for a Special Events Permit for the purpose of a PARADE   to be held on DECEMBER 11, 2015 ,  from 5:00 PM to 9:00 PM, with a rain date of December 13, 2015 at 4:00 PM, on Pacific Ave, Heather Rd and Ocean Ave ; and

                                                                                                                                                         

WHEREAS,  the GREATER WILDWOOD JAYCEES, PO Box 63, Wildwood, NJ 08260, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

WHEREAS, the application has been reviewed by the Board of Commissioners, upon verification by appropriate members of staff as to completeness of the application, scheduling compatibility, etc.;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  the GREATER WILDWOOD JAYCEES , PO Box 63, Wildwood, NJ 08260 for the purpose of a PARADE to be held on DECEMBER 11, 2015 , from 5:00 PM to 9:00 PM, with a rain date of December 13, 2015 at 4:00 PM, on Pacific Ave, Heather Rd and Ocean Ave.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 539-15

WHEREAS, the Commissioner of Public Safety desires to appoint three (3) additional Class II Police Officers for the Borough of Wildwood Crest as a supplement to the officers previously hired; and

 

WHEREAS, it is the desire of the Commissioner of Public Safety to appoint Brian Centifonti, Brian Stovall, and Kevin Sundstrom as Class II Police Officers for the Borough of Wildwood Crest, to serve in an “at-will” capacity at the pleasure of the Commissioner of Public Safety at an annual salary as contained in the current year salary ordinance of the Borough of Wildwood Crest; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough of Wildwood Crest to confirm and ratify the appointment of Brian Centifonti, Brian Stovall, and Kevin Sundstrom as Class II Police Officer.

 

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

 

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

2.       The appointment of Brian Centifonti, Brian Stovall, and Kevin Sundstrom as Class II Police Officers effective the date of passage of this resolution, at an annual salary as permitted within the parameters of the range established in the current year “Salary Ordinance” of the Borough of Wildwood Crest, be and the same is hereby confirmed and ratified.

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

 

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 October 31, 2015 be accepted as presented. 

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission Meetings held on October 21, 2015 and November 4, 2015, the Closed Session Minutes of November 4, 2015, as well as the Special Meeting of November 16, 2015, be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

The Clerk then announced that the petition that was received on November 12, 2015.  The Clerk certified the petition to the Committee of Petitioners and the Governing Body on November 16, 2015.  The Clerk then indicated to the Governing Body that they had 20 days to decide (NJSA 40:74-14) on repealing the ordinance in entirety or taking it to referendum with a Special Election.  The Clerk then asked to have a Special Meeting on December 4, 2015 at 9:30 for the Commissioners to discuss the issue and give their decision.  The Commissioners agreed to the date and time for Special Meeting.

 

The Mayor then opened the floor for public commentary. 

 

Dennis Travascio, 112 E. Louisville Avenue, inquired about the Change Order Resolution for the Atlantic Avenue Parking Lot.  The Mayor indicated that the project needed upgrading.

 

After hearing nothing further from the public, the Mayor opened the Discussion of New Business followed by Old Business.  The Mayor indicated he had nothing new to add or discuss and the Commissioners agreed. 

 

Mrs. Gould motioned, seconded by Mr. Cabrera that there be a five minute break for the Clerk to gather Ordinance documents. 

Vote:          Gould – Cabrera – Groon – Yes

 

After the five minutes break, Mrs. Gould motioned, seconded by Mr. Cabrera that they return to Open Session.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance 1223 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1223

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 40, LICENSES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AMENDING ARTICLE II, PEDDLING AND SOLICITING OF ICE CREAM PRODUCTS; FRUITS AND VEGETABLES, AND AMENDING ORDINANCE NO. 1212 ADOPTED MARCH 18, 2015, SECTION 40-16, DEFINITIONS, SECTION 40-19, NUMBER LIMITATION ON PEDDLER TRUCK LICENSES, SECTION 40-21, LICENSE, EXPIRATIONS AND RENEWALS, SECTION 40-22, SECTION 40-23, SUBSECTIONS D AND G, RESTRICTIONS ON LICENSES; PROMULGATION OF REGULATIONS, SECTION 40-25, SUBSECTION A, VIOLATIONS AND PENALTIES; ENFORCEMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1223.

Vote:          Gould - Cabrera – Groon – Yes

 

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1223 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1223 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 1227 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1227

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 40, LICENSES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, ADDING ARTICLE V, SOLICITING AND CANVASSING, SECTIONS 40-48 THROUGH 40-59

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1227.

Vote:          Gould - Cabrera – Groon – Yes

 

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1227 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1227 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 1228 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1228

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 54 – PROPERTY MAINTENANCE CODE - OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 875 ADOPTED JULY 22, 2000, ORDINANCE NO. 905 ADOPTED MAY 22, 2002, ORDINANCE NO. 921 ADOPTED NOVEMBER 25, 2002, AND ORDINANCE NO. 1050 ADOPTED DECEMBER 27, 2007

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1228.

Vote:          Gould - Cabrera – Groon – Yes

 

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1228 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1228 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 1229 be placed on second and final passage by title only.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1229

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 54A – PROPERTY MAINTENANCE: VACANT AND ABANDONED PROPERTIES; UNFIT BUILDINGS - OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AND AMENDING ORDINANCE NO. 1213 ADOPTED MARCH 18, 2015

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1229.

Vote:          Gould - Cabrera – Groon – Yes

 

After no comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1229 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1229 be passed on second and final reading and advertised according to law.

Vote:          Gould - Cabrera – Groon – Yes

 

The Mayor then opened the floor once again for public commentary. 

 

Don Fasolo, 222 E. Hollywood Avenue, asked about the time frame if the Governing Body opted to go to Special Election.  The Clerk responded that by statute the Special Election would be 40-60 days after the Governing Body made their decision. 

 

Aileen Kennedy, 122 E. Sweetbriar Road, wanted clarification of a decision and the Governing Body indicated that decision would be made at the December 4, 2015 Special Meeting.

 

Kay Sparkman, 7705 New Jersey Avenue, expressed her discontment over New Jersey Avenue and hoped Pacific Avenue did not end up similarly.

 

Michael Hawthorne, 102 E. Preston Avenue, wanted to know what the costs are associated with having a Special Election.  The Mayor indicated it was approximately $17,000.  He then asked for clarification if the Governing Body could repeal the Ordinance and save the taxpayers the money and start over.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that they leave open session and go into Executive Session.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 531-15

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 TWO (2) issue is 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, November 4, 2015 at 9:30 a.m.; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

_____2__             “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are ______________________________________________

and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality are Potential Litigation for Crest Pier and Negotiations of Volunteer Fire Health Insurance

 

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

 

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 no further comments from the public, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.  All were in favor.  The time was 8:09 p.m.

 

Dated: December 28, 2015

Patricia A. Feketics, Borough Clerk

                                                                               

MINUTES OF MEETINGS INDEX