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Minutes of Commissioners Meeting   -   December 28, 2015

Note:  Complete Meeting Appears on CD #28-15 on File in the Borough Clerk's Office. December 28, 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance 1230 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. 1230

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 56 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, RECREATION COMMISSION, SECTION 56-3, APPROVING AND CONFIRMING RATES AND FEES FOR THE RENTAL OF FACILITIES, PARTICIPATION IN CERTAIN EVENTS AND ACTIVITIES, AND FOR THE DEVELOPMENT AND IMPLEMENTATION OF OTHER REQUIREMENTS APPERTAINING THERETO, AND AMENDING AND AUGMENTING, ORDINANCE NO. 824, ADOPTED MARCH 12, 1997, ORDINANCE NO. 851, ADOPTED FEBRUARY 8, 1999, ORDINANCE NO. 889, ADOPTED NOVEMBER 28, 2001, ORDINANCE NO. 924, ADOPTED JANUARY 6, 2003, ORDINANCE NO. 992 ADOPTED JANUARY 18, 2006, ORDINANCE NO. 1035 ADOPTED APRIL 4, 2007, ORDINANCE NO. 1048 ADOPTED NOVEMBER 26, 2007, ORDINANCE NO. 1059 ADOPTED MARCH 19, 2008, ORDINANCE NO. 1069 ADOPTED FEBRUARY 25, 2009, ORDINANCE NO. 1090 ADOPTED JANUARY 27, 2010, ORDINANCE NO. 1103 ADOPTED JULY 21, 2010, ORDINANCE NO. 1137 ADOPTED JANUARY 25, 2012, AND ORDINANCE NO. 1167 ADOPTED MAY 8, 2013 AND ORDINANCE 1180, ADOPTED DECEMBER 11, 2013

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1230.

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. 1230 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1230 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 1231 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. 1231

AN ORDINANCE TO REPEAL ORDINANCE NOS. 1087, 1165, 1169 AND 1204 AND TO RESCIND RESOLUTION NOS. 128-09, 138-14, 538-11, 554-11, 589-00, 601-96, 885-08 AND 888-08 OF THE BOROUGH OF WILDWOOD CREST

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1231.

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. 1231 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1231 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 1232 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. 1232

AN ORDINANCE TO AMEND SECTION 59‑3 OF THE CODE OF THE BOROUGH

OF WILDWOOD CREST, KNOWN AS THE “SALARY ORDINANCE," FIXING AND

DETERMINING SALARIES AND COMPENSATIONS OF THE BOROUGH OF WILDWOOD

CREST, IN THE COUNTY OF CAPE MAY, NEW JERSEY, PROVIDING FOR THE

RAISING OF THE AMOUNTS THEREOF BY TAXATION AND FOR THE TIME AND

METHOD OF PAYMENT

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1232.

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. 1232 now be closed.

Vote:          Gould - Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1232 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. 1233

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 46, OFFICERS AND EMPLOYEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, SECTION 46-5.1 – GROUP INSURANCE – , AND ADDING SECTION 46-5.1 A (i) ESTABLISHING A SELF-INSURANCE FUND FOR THE PURPOSE OF PROVIDING LIFE INSURANCE AS  REQUIRED BY CONTRACT TO RETIRED POLICE AND AMENDING ORDINANCE NO. 600, ADOPTED MARCH 19, 1985, ORDINANCE NO. 866, ADOPTED FEBRUARY 23, 2000, ORDINANCE NO. 1082, ADOPTED NOVEMBER 23, 2009, ORDINANCE NO. 1114, ADOPTED NOVEMBER 22, 2010, ORDINANCE NO. 1126, ADOPTED MAY 11, 2011, AND ORDINANCE NO. 1201, ADOPTED ON DECEMBER 23, 2014

                                                              

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1233 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, January 20, 2016 at 7:00 p.m.

Vote:          Gould - Cabrera – Groon – Yes

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 561-15

WHEREAS, there exists the need for the “Professional Services” of an Administrative Consultant to be retained by the Borough of Wildwood Crest in an advisory capacity to the Board of Commissioners, all as more specifically set forth in the attached agreement, which is made a part hereof by reference as if fully set forth herein, 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, GRR Consulting Services LLC, Edmund Grant, Principal, is experienced and capable of providing such services as provided herein.

                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 Deputy Borough Clerk be and they are hereby authorized, instructed and empowered to execute the attached agreement with GRR Consulting Services LLC, Edmund Grant, Principal, who shall be compensated by voucher at the agreed upon rate of $90.00 per hour, and whose rate/fee structure is contained in the aforesaid agreement and said “Independent Contractor” shall be required to comply with this Resolution and the attached Agreement.

          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 public bidding as a Professional Services Contract and has not been awarded in accordance with the open and fair process of the New Jersey Play to Pay 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 business registration certificate and disclosure entity certification 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 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. 562-15

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. 563-15

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

 

67334                      7/18/2014                                     345.73

67478                       8/1/2014                                      702.47

67928                      8/29/2014                                     836.84

 

 

TOTAL AUTHORIZED TO BE VOIDED                 $ 1,885.04

 

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. 564-15

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       

37854                       1/17/14                                          834.62

37927                       1/22/14                                          371.26

38006                        2/5/14                                            839.59

38089                        2/26/14                                          325.00

38311                        4/9/14                                               17.05

38386                        4/30/14                                         1500.00

38408                        4/30/14                                           184.74                   

38535                        5/29/14                                             74.00         

 

TOTAL AUTHORIZED TO BE VOIDED                 $ 5,284.94

 

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. 565-15

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

2136

7/9/2014

Ledelle Atkins

$1.00

 

 

 

 

 

 

 

 

 

TOTAL AUTHORIZED TO BE VOIDED

$1.00

 

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

Check #

Check Date

Payable To

Amount

 

 

 

 

 

 

 

 

 

TOTAL AUTHORIZED TO BE VOIDED

$0.00

 

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. 566-15

RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR

SELF INSURANCE PROGRAM FOR LIFE INSUANCE FOR POLICE RETIREES AS REQUIRED BY NJS 40A:10-1 ET SEQ.

AND

 RESCINDING RESOLUTION 548-15, ENTITLED: RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR

SELF INSURANCE PROGRAM REQUIRED BY NJS 40A:10-1 ET SEQ.

 

                WHEREAS, Resolution 548-15 was adopted on December 16, 2015 to establish a Dedication by Rider for a Self Insurance Program and sent to the Division of Local Government Services for their review and approval; and

 

                WHEREAS, the Division of Local Government Services has advised the Borough in addition to the Resolution, an Ordinance must be adopted to establish the Self Insurance Program for Life Insurance for Police Retirees and that Amended Resolution must include language stating the Self-Insurance Program is for Life Insurance for Police Retirees, and

 

                WHEREAS, the introduction of the Ordinance is being done in conjunction with this Resolution to establish the Dedication by Rider for the Self Insurance Program is for the Life Insurance for Police Retirees.

 

                NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Wildwood Crest, County of Cape May, New Jersey that Resolution 548-15 shall be rescinded. 

 

        NOW, BE IT FURTHER RESOLVED,  as follows:

 

1.       The Governing Body of the Borough of Wildwood Crest does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of The Self Insurance Program for the purpose of providing Life Insurance to retired Police as required by N.J.S.A. 40A:10-1, et seq.

2.       The Municipal Clerk of the Borough of Wildwood Crest, County of Cape May, is hereby directed to forward two certified copies of this Resolution to the Director of Division of Local Government Services.

                                                                       

                                                                                                Patricia A. Feketics, Municipal Clerk

 

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. 567-15

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, 2016 through December 31, 2016, 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.

 

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. 568-15

WHEREAS, UNITED INDEPENDENT UNION, LOCAL 1, hereinafter known as UNION, has been certified as the representative of “sanitation workers” of the Borough of Wildwood Crest so designated and specifically included in the appropriate certificate of representation, under Docket No. RO-87-36; and

 

WHEREAS, the bargaining team of said UNION and the bargaining team of the Borough of Wildwood Crest have held  negotiation sessions and have reached agreement on all of the bargainable issues existing between the Borough and UNION.; and

 

WHEREAS, it is the intent of the Board of Commissioners of the Borough of Wildwood Crest to formalize an agreement to contain that which has been negotiated by and between both parties, in addition to those articles, not proposed for change by either party, which shall remain in full force and effect.

 

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

 

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

 

  1. The Commissioner of Revenue and Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the agreement on behalf of the Borough of Wildwood Crest for the period January 1, 2016 through December 31, 2018, embodying all of the mutual terms, understandings and conditions involving the employment of all sanitation workers so included in UNION within the meaning of the act as more fully described in the certification of representation under Docket No.RO-87-36; a copy of said agreement shall be placed on file in the office of the Borough Clerk and is incorporated herein by reference as if fully set forth.

 

        3.  This Resolution shall take effect as provided by law.

 

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. 569-15

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, that the Mayor and Borough Clerk be and they are hereby authorized and instructed to execute a “Reimbursement Agreement” between the Borough of Wildwood Crest and Guy Raffa and Robert Kingsman for the use of personal tools in their daily duties as Borough mechanics in addition to the use of Borough-owned tools.

 

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. 570-15

Resolution Approving and Designating the Official Logo and slogan for the Borough of Wildwood Crest

 

Whereas, the Borough of Wildwood Crest desires to create a brand and market itself, and

Whereas, in order to proceed with this plan marketing firms were interviewed, and

Whereas, the Borough of Wildwood Crest selected Finch Brands on April 29, 2015 for Phase I to develop a logo and slogan to be used in all advertising, marketing and official documents for the Borough, and

WHEREAS, the Borough Commissioners reviewed the various designs and logo’s submitted.

Now, Therefore be it resolved by the Commissioners of the Borough of Wildwood Crest that the attached logo and slogan of “It’s better in the Crest” shall be used for all official documents and advertising in the Borough of Wildwood Crest and use of official logo and slogan by outside entities shall require the express approval of the Board of Commissioners.

BE IT FURTHER RESOLVED, the Borough of Wildwood Crest will submit the design and logo to the State of New Jersey for the purpose of registering the same as the official Trademark 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. 571-15

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2015 property taxes and/or utility payments; and

 

                WHEREAS, an overpayment was created for the reason listed below, and

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

56.03-3-C0301                    Adele Riiff                                                                   Amount

2015 Tax                              407 E Palm Rd #301                                                $1,400.63

                                                Title Company & Mortgage Company

                             both paid 2015 3rd quarter taxes.

                                                Refund overpayment to Corelogic 

 

                NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

December 28, 2015.

 

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. 572-15

REFUND OVERPAYMENT ON

PROPERTY TAXES OR UTILITY PAYMENTS

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest collected

from the property owner or it's designee an excess amount on 2015 property taxes and/or utility payments; and

                WHEREAS, an overpayment was created for the reason listed below, and

 

                WHEREAS, the Tax Collector of the Borough of Wildwood Crest has determined the said overpayment should be refunded accordingly as indicated below.

 

 

8-13                                   Argus Property Group GP LLC                                              Amount

2015 Tax                         131 W. Buttercup Rd.                                                           $765.09

                                           Mortgage Company paid wrong parcel for

                          2015 3rd and 4th quarter taxes.

                                           Refund overpayment to Roundpoint Mortgage

                                            Servicing Corporation            

 

                NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, the Chief Financial Officer is hereby authorized to execute said refund as soon as practicable and the Tax

Collector should mark the records accordingly to reflect said refund as per the meeting on

December 28, 2015.

 

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. 573-15

WHEREAS, on December 10, 2015 , DELMOSPORTS LLC , 100 E. Rio Grande Ave , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a TRIATHLON RUN   to be held on AUGUST 27, 2016 ,  from 6:30 AM to 12:00 PM on the BEACH from CRESSE AVE TO CROCUS RD ; and

                                                                                                                                                         

WHEREAS,  DELMOSPORTS LLC, 100 E. Rio Grande Ave, Wildwood, NJ 08260, has supplied all documentation required under Ordinance No. 936, 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  DELMOSPORTS LLC , 100 E. Rio Grande Ave, Wildwood, NJ 08260 for the purpose of a TRIATHLON RUN to be held on AUGUST 27, 2016 , from 6:30 AM to 12:00 PM on the BEACH from CRESSE AVE TO CROCUS RD.

 

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 submitted from the Court Administrator, CFO, Tax Collector, and the Wildwood Crest Police Department for the month ending November 30, 2015 be accepted as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that all minutes from the regularly scheduled Commission meetings dated November 18, 2015 and December 16, 2015, as well as the Closed Session Minutes of Meetings dated November 18, 2015 and December 16, 2015 and the Special Meeting Minutes of December 4, 2015 be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor indicated he had nothing to add for new business or old business.  The other Commissioners agreed. 

 

The Mayor then opened the floor for public commentary. 

 

Nancy Pietropaoli, 6002 Seaview Avenue, wanted to know which logo was chosen.  Commissioner Cabrera indicated it was the last rendering and a picture was shown.

 

Mike Hawthorne, 102 E. Preston Avenue, indicated that he agreed with the chosen logo.

 

After hearing nothing further from the public,

 

THE CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 574-15

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 ONE (1) 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 Monday, December 28, 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 ____________________________________________________

 

_____1__             “(7) Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.” The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are ______________________________________________

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

 

________             “(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.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

After returning from Closed Session,

 

The floor was once again opened for public comment.  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 10:20 a.m.

 

Dated: January 20, 2016

Patricia A. Feketics, Borough Clerk

                                                                                                                                                                                                                         

MINUTES OF MEETINGS INDEX