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Minutes of Commissioners Meeting   -   November 4, 2015

Note:  Complete Meeting Appears on CD #23-15 on File in the Borough Clerk's Office. November 4, 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 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 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 READ THE FOLLOWING RE-INTRODUCED 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 Ordinance No. 1223 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 18, 2015 at 7:00 P.m.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance 1226 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. 1226

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 22 – CONSTRUCTION – ARTICLE I – UNIFORM CONSTRUCTION CODE, SECTION 22-3 – FEES; ARTICLE II – CONSTRUCTION PROVISIONS SPECIFIC TO THE BOROUGH OF WILDWOOD CREST NOT INCLUDED OR SUBJECT TO UNIFORM CONSTRUCTION CODE; SECTION 22-5 – DEMOLITION; ARTICLE II –SECTION 22-6 – PILE DRIVING, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1226.

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. 1226 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1226 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. 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 Ordinance No. 1227 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 18, 2015 at 7:00 P.m.

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 Ordinance No. 1228 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 18, 2015 at 7:00 P.m.

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 Ordinance No. 1229 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 18, 2015 at 7:00 P.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 522-15

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 November 4, 2015, at 7:00 o’clock P.M.

PRESENT:  GOULD – CABRERA - GROON

ABSENT:  NONE

*       *       *

Mrs. Gould introduced and moved the adoption of the following resolution and Mr. 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 November 4, 2015 (#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 Mrs. Gould, seconded by Mr. 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 READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 523-15

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. 524-15

Authorizing Retention Via Professional Services Agreement

Of A Law Firm As Special Counsel

 

WHEREAS, the Borough of Wildwood Crest requires the professional services of a law firm for a current civil action case; and

 

WHEREAS, it is desired to employ a professional, pursuant to law, who is duly trained, experienced and specialized in the area of civil law; and

 

WHEREAS, the Local Public Contracts Law provides for the entering into of a contract for professional services pursuant to R.S.40A:11-5(1)(a), without advertising for competitive bidding; and

 

WHEREAS, the Borough has determined that Louis M. Barbone, Esquire,  of the law firm of Jacobs & Barbone, P.A., of Atlantic City, New Jersey is qualified to perform the said work and it is desired to enter a professional contract with them for said services pursuant to law, and to provide for the advertising of a notice pursuant to law; and

 

WHEREAS, Louis M. Barbone, Esquire, of the law firm of Jacobs & Barbone, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that Louis M. Barbone, Esquire and Jacobs & Barbone, P.A., will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing November 4, 2015 to any political committee or candidate through the term of this contract;

 

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.                   Louis M. Barbone, Esquire of the law firm of Jacobs & Barbone, P.A., of Atlantic City, New Jersey is hereby retained as Special Counsel for the period November 4, 2015 through December 31, 2015. The said professional services to be received shall be “as directed” by the Borough of Wildwood Crest from time to time.

 

2.                   The Mayor and Borough Clerk be and they are hereby authorized and directed to enter into a contract with Louis M. Barbone, Esquire, of the law firm of Jacobs & Barbone, P.A., for specialized professional services, for a term of the period indicated above, which contract shall provide for payment at the hourly rate of one hundred seventy five ($175.00) dollars per hour at the not to exceed amount of five thousand ($5,000) dollars.  Said award is further contingent upon the certification of availability of funds below by the CFO.

 

3.                   This contract is awarded without competitive bidding as a professional service in accordance with the provisions of the Local Public Contracts Law aforesaid, and in accordance with the provisions of N.J.S.A. 19:44A-1, and shall be in a form approved by the Borough.

 

4.                   The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this Resolution.

 

5.                   This Resolution and a copy of the contract for professional services shall be maintained on filed in the offices of the Borough Clerk for public inspection.

 

6.                   A copy of this Resolution shall be published in the legal newspaper designated by the Borough as required by law, within ten (10) days of its passage.

 

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. 525-15

WHEREAS, there exists the need for the “Professional Services” of a COASTAL ENGINEER, to be retained by the Borough for the performance of engineering work and related duties associated with coastal engineering services in conjunction with Sunset Lake – Dredging Feasibility Report as directed and authorized representatives of the Borough of Wildwood Crest, all as more specifically set forth in the attached Agreement which is made a part hereof by reference as if fully set forth; and

 

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

 

                WHEREAS, this contract was not awarded through a “fair and open process,” but does meet all of the criteria required by the provisions of N.J.S.A. 19:44A-20.4, et seq. for said award;

 

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

2.       That the Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with

Hatch Mott MacDonald, who shall be compensated by voucher at the agreed upon hourly rates, contingent upon certification below from the Chief Financial Officer as to the availability of funds at the not to exceed contract amount of Seven Thousand ($7,000) Dollars, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution, and the attached Agreement.  Said Engineering Firm is further required to comply with all other conditions/provisions of law or regulation applicable to a “Professional Services Contractor,” including but not limited to procuring/maintaining sufficient insurance coverages necessary to fully protect the interests of the Borough in each and every instance relative to performance under this contract.

3.       That the aforesaid contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because N.J.S.A. 40A:11-5 states that no local unit shall be required to advertise for bids for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law, or to advertise for bids for services which are of such a qualitative nature as will not reasonably permit  the drawing of specifications or the receipt of competitive bids, all of which classification the aforesaid contract falls within.

4.       That a copy of the specific items appertaining to the award of this contract shall be published in a Notice of Award in the Herald of Cape May County as required by law within ten (10) days of passage of the 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. 526-15

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS dated October 7, 2015, and published in The Herald of Cape May County issue of October 14, 2015, for the following item:

 

2016 Chevrolet Colorado WT 4WD Extended Cab Truck, or equivalent; 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,” Gentilini Chevrolet, 500 John S. Penn Boulevard, Woodbine, NJ  08270, for the total lump sum bid of $26,557.00 for the item described above; that said award is further conditioned upon technical review by the Public Works Superintendent, as to compliance with the bid specifications, along with the certification of availability of funds below by the Chief Financial Officer; 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, the Public Works Superintendent 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 Gentilini Chevrolet, 500 John S. Penn Boulevard, Woodbine, NJ  08270, for the total lump sum bid of $26,557.00

 

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 hereby in reference as if fully set forth.

                2.  That a contract be awarded to the successful bidder, Gentilini Chevrolet, 500 John S. Penn Boulevard, Woodbine, NJ  08270, for the total lump sum bid of $26,557.00 all of which is subject to certification below by the Chief Financial Officer as to the availability of funds.

                3.  That the Commissioner of Revenue & Finance and 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.

 

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. 527-15

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.
  4. The contract is retroactive from October 1, 2015 through September 30, 2017.

 

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. 528-15

AUTHORIZING PARTICIPATION IN THE CAPE MAY COUNTY

HAZARD MITIGATION PLAN UPDATE PROJECT

 

WHEREAS, the Cape May County Hazard Mitigation Plan is periodically updated; and

 

WHEREAS; the Cape May County Hazard Mitigation Steering Committee seeks input and participation from all Municipalities and will guide and direct the planning process; and

 

WHEREAS, authorization by Commissioners and execution of a Letter of Intent to Participate are required for the Cape May County Office of Emergency Management to carry out the planning process and to prepare the various parts of the Hazard Mitigation Plan on behalf of the Borough of Wildwood Crest.

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that:

 

1)       Participation by the Borough of Wildwood Crest in the Cape May County Hazard Mitigation Plan Update Project is hereby authorized.

2)       The Borough Clerk is hereby authorized to execute the Letter of Intent to Participate in said Update Project, and said Letter shall be annexed to and become a part of this resolution.

3)       The Borough Clerk shall forward certified copies of this resolution to the Cape May County Office of Emergency Management, the Borough of Wildwood Crest Office of Emergency Management and other appropriate officials.

 

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. 529-15

WHEREAS, Borough of Wildwood Crest Ordinance No. 1224, adopted October 21, 2015, has approved new zones for parking meters; and

 

WHEREAS, the fee schedule for “parking meter charges” throughout the Borough, in accordance with the provisions of the aforesaid Ordinance and any amendments related thereto, does provide for a PER HOUR, NOT TO EXCEED AMOUNT OF ONE DOLLAR FIFTY CENTS ($1.50); and

 

WHEREAS, the seasonal parking permit rate for all zones shall be $250.00; and

 

WHEREAS, it is the desire of the Board of Commissioners to establish precise fees to be charged in accordance with the foregoing limit set, for calendar year 2016.

 

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 are incorporated herein by reference as if fully set forth.

 

                2.  The hours and periods of operation of parking meters in the Borough of Wildwood Crest shall be 8:00 A.M. to 10:00 P.M. daily, commencing May 13, 2016 through September 17, 2016.

 

                3.  That the designated officials of the Borough of Wildwood Crest be and they are hereby authorized, empowered and directed to charge/collect fees as follows: Not to exceed one dollar fifty cents ($1.50) per hour and seasonal parking permits for all zones two hundred fifty dollars ($250.00) in accordance with the schedule set forth hereinabove.

 

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. 530-15

SUBJECT: A RESOLUTION TO PROVIDE FOR THE DESIGNATED MEETING DATES OF THE                BOARD OF COMMISSIONERS FOR CALENDAR YEAR 2016.

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the designated Borough Meetings for calendar year 2016 be and the same are hereinafter provided in accordance with the annual meeting notice requirements subject to any adjustments to be determined from time to time by resolution of the Board as follows:

 

                 DATE                                                                   TIME                                                    PLACE

JANUARY              6, 2016                                                9:30 A.M.                                              BOROUGH HALL

                                20, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

FEBRUARY        10, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                24, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

MARCH                  9, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                23, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

APRIL                     6, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                20, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

MAY                      11, 2016                                               9:30 A.M.                                              BOROUGH HALL

                                25, 2016                                                                7:00 P.M.                                              BOROUGH HALL

                    

JUNE                       4, 2016                                                9:30 A.M.                                              BOROUGH HALL

                                  8, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                22, 2016                                                                7:00 P.M.                                              BOROUGH HALL

                    

JULY                       13, 2016                                              9:30 A.M.                                              BOROUGH HALL

                                  27, 2016                                              7:00 P.M.                                              BOROUGH HALL

 

AUGUST                6, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                10, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                24, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

SEPTEMBER       7, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                21, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

OCTOBER            5, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                19, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

NOVEMBER         9, 2016                                                                9:30 A.M.                                              BOROUGH HALL

                                30, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

DECEMBER       7, 2016                                                 9:30 A.M.                                              BOROUGH HALL

                                21, 2016                                                                7:00 P.M.                                              BOROUGH HALL

 

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

Vote:          Gould – No                    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, designating the Calendar Year 2016 Borough Holidays and confirming the meeting dates of all boards and commissions

Vote:          Gould – Cabrera – Groon – Yes

 

The Clerk then presented Finch Brands to the Commissioners and the public.  Finch Brands made a presentation on the Logo and Slogan for the Borough of Wildwood Crest. 

 

After Finch Brands made their presentation, the floor was opened for questions from the public.  Mae Timer, 9200 Seaview Avenue, indicated it lacked what Wildwood Crest is about and it doesn’t mention New Jersey.

 

Nancy Pietropaoli, 6002 Seaview Avenue, indicated that the logo looked like a sea with a mustache and that it doesn’t speak to what Wildwood Crest is. 

 

Mae Timer, 9200 Seaview Avenue, agreed it looked like a mustache and perhaps they should add a lifeboat or beaches.  Finch indicated that it is designed to look like the crest of a wave and that the success of a logo is what you make of it and consistent use.

 

Commissioner Cabrera then indicated that this has been quite a process from the ground up.  Finch Brands then showed the public the renderings to date for them to view the progress. 

 

Mae Timer, 9200 Seaview Avenue, still indicated it would be nice to see a seagull or lifeboat.

Mrs. Gould then indicated that at the start, she was most against a boat or beach chair.  She stressed they needed to be different and “unique.”

 

Dennis Travascio, 112 E. Louisville Avenue, indicated the mustache needs to look more like a wave.

 

Joe D’Urso, 6210 Park Blvd., indicated that although the logo is an abstract piece, he doesn’t think abstractly and questioned how many people did.  He suggested a larger wave and perhaps including a family or a survey of the public.

 

Barb Hunt, 210 E. Charleston Avenue, indicated that branding was a business and Wildwood Crest is a destination.

 

Dean Lyon, 121 W. Wisteria Avenue, prefers the current version and liked the simplicity of it.

 

Walt Robbins, 3811 Atlantic Avenue, Wildwood, indicated the logo and slogan were well done and Finch came close to nailing it.

 

Commissioner Cabrera then indicated that he would like to see a slight moderation and meet back with Finch Brands in a month. 

 

Mae Timer, 9200 Seaview Avenue, wanted to know how the logo would be used.  Commissioner Cabrera indicated it would be used on everything.

 

Joe D’Urso, 6210 Park Blvd., suggested using two waves through the sea from sunrise to sunset.

 

The Mayor and Commissioners then added that he had nothing new to discuss.

 

The Mayor then opened the floor for public commentary.

 

Commissioner Gould applauded Joe Maloy for his triathlon win.

 

Nancy Pietropaoli, 6002 Seaview Avenue, wanted information with regard to the resolution setting fees and hours of operation for meters in 2016 and if handicapped people had to pay.  Captain McGrath indicated that the Borough follows the state law with regard to meters.  He indicated that you are supposed to pay for the time you anticipate to be at the meter.  The Borough then extends the courtesy to allow extra time to get back to the car. 

 

Barb Hunt, 210 E. Charleston Avenue, wanted clarification on the resolution authorizing a Professional Services Contract with Joseph Barbone.  The Solicitor indicated it was for Special Counsel on behalf of the Borough.  Ms. Hunt then asked about the budget for legal fees and why there were so many attorneys.  Mayor Groon replied that there has not been a substantial change in the budgeted line item and the Borough gets sued and the attorneys have specialties.  The Mayor then added that with regard to the budget, the Borough has been staying close to on budget.  The Solicitor then added the Professional Services Contract with Mr. Barbone is for his services to defend the Borough with on-going litigation. 

 

Gene Mulligan, 6511 New Jersey Avenue, indicated he was against the medians on Pacific Avenue.  He further indicated it was a frivolous expense and suggested it be tabled for a few years when there is surplus.

 

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 11:48 a.m.

 

Dated: November 18, 2015

Patricia A. Feketics, Borough Clerk

 

         

MINUTES OF MEETINGS INDEX