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Minutes of Commissioners Meeting   -   June 3, 2015

Note:  Complete Meeting Appears on CD #13-15 on File in the Borough Clerk's Office. June 3, 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.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1218 be placed on second reading and final passage by title only.

Vote:          Gould – Cabrera – Groon – Yes

 

THE DEPUTY CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1218

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. 1218.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1218 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1218 be passed on second and final reading and advertised according to law.

Vote:          Gould – Cabrera – Groon – Yes

 

THE DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 428-15

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, pursuant to the provisions of N.J.S.A. 2B:12-4, that Louis J. Belasco, Jr., an attorney-at-law of the State of New Jersey, whose term as JUDGE OF THE MUNICIPAL COURT of the Borough of Wildwood Crest expires June 14, 2015, be and he is hereby appointed to serve for a period of three (3) years effective June 15, 2015 as JUDGE OF THE MUNICIPAL COURT of, in, and for the Borough of Wildwood Crest, a municipal corporation of the State of New Jersey, at an annual salary in accordance with the full provisions of the current year “Salary Ordinance;” said term expiring June 14, 2018.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

 

 

THE DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 429-15

WHEREAS, on May 28, 2015 , VIETNAM VETERANS OF AMERICA CHAPTER 955 , 4200 Atlantic Ave. , Wildwood, NJ 08260 , applied for a Special Events Permit for the purpose of a 5K RACE   to be held on JULY 4, 2015 ,  from 9:00 a.m. to 10:30 a.m., on the BEACH from CRESSE AVE TO STOCKTON RD ; and

                                                                                                                                                         

WHEREAS,  VIETNAM VETERANS OF AMERICA CHAPTER 955, 4200 Atlantic Ave., Wildwood, NJ 08260, have supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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  VIETNAM VETERANS OF AMERICA CHAPTER 955 , 4200 Atlantic Ave., Wildwood, NJ 08260 for the purpose of a 5K RACE to be held on JULY 4, 2015 , from 9:00 a.m. to 10:30 a.m., on the BEACH from CRESSE AVE TO STOCKTON RD.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

THE DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 430-15

WHEREAS, on May 18, 2015 , WALTER SYZONENKO-LYS SPORTS ACADEMY/USCAK , 63 Wilkeshire Blvd. , Randolph, NJ 07869 , applied for a Special Events Permit for the purpose of a VOLLEYBALL TOURNAMENT   to be held on August 28, 2015 (rain date Aug. 29, 2015) ,  from 9:00 a.m. to 5:00 p.m., on the BEACH at CROCUS-ASTER RDS., in front of the PAN AMERICAN MOTEL ; and

                                                                                                                                                         

WHEREAS,  VIETNAM VETERANS OF AMERICA CHAPTER 955, 4200 Atlantic Ave., Wildwood, NJ 08260, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and have 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  VIETNAM VETERANS OF AMERICA CHAPTER 955 , 4200 Atlantic Ave., Wildwood, NJ 08260 for the purpose of a 5K RACE to be held on JULY 4, 2015, from 9:00 a.m. to 10:30 a.m., on the BEACH from CRESSE AVE TO STOCKTON RD.

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, authorizing approval of taxi cab license to Caribbean Cab LLC for calendar year 2015 in accordance with the provisions of Chapter 73 of the Code of the Borough of Wildwood Crest.

Vote:          Gould – Cabrera – Groon – Yes

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that all bills properly authorized, as submitted, be paid.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor then asked the Deputy Clerk to read a letter from the Office of the Prosecutor, County of Cape May, dated May 13, 2015, regarding Wildwood Crest Police Department DV Grant, Invest File #13-602.  The letter reads as follows:

 

 

 

Dear Mayor Groon:

       I have reviewed the above-referenced investigation file.  Please be advised that the file will be closed at this time and that no criminal charges will be filed.

       This decision is based on our review of the report(s) contained within the file and, more specifically, the position taken by the Legal Advisor and Financial Director of the Washington, D.C.-based office on Violence Against Women (“OVW”) that no additional costs accrued to the OVW grant program due to extended travel dates, layovers, etc.  In addition, federal regulations do allow for the flexibility of an extended stay at a destination and permit the organization to determine the flight itinerary as long as there is no additional charge to the federal government.  Also, per the Federal Travel Regulations “frequent flyer miles”, even miles earned when on official travel, can be used for personal use.  It is significant to note that based on their review, OVW does not intend to pursue any further actions.

       In the future, it may be prudent for the Wildwood Crest Police Department to maintain contact with the OVW so that their policies and procedures may be reviewed and so that the OVW can provide technical assistance as needed.

 

       If you have any questions, please let me know.

      

                                                                                    Meghan J. Hoerner

                                                                                    Assistant Prosecutor

 

Commissioner Gould noted that the 20th anniversary of fallen police officer, Eugene Miglio, was on June 2, 2015 and that the memorial service was fitting.  Commissioner Gould then remarked that the work is progressing along New Jersey Avenue and the Borough Engineer indicated it should be completed by the fourth of July. 

 

Commissioner Cabrera then indicated that all correspondences regarding property owners’ along New Jersey Avenue and reimbursements will be handled by the Borough Engineer.

 

After hearing no comments from the public,

 

THE DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 431-15

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(s) is/are permitted by N.J.S.A. 10:4-12(b) to be discussed without the public in attendance to be discussed during the Executive or Closed Session to be held on Wednesday, June 3, 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 is Potential Litigation after Judge Johnson’s ruling.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Vote:          Gould – Cabrera – Groon – Yes

 

After returning from closed session, Mrs. Gould motioned, seconded by Mr. Cabrera that the

meeting be adjourned.  The time was 10:35 a.m.

Vote:          Gould – Cabrera – Groon – Yes

 

 

Dated: June 24, 2015

Patricia A. Feketics, Deputy Borough Clerk

                                                                               

         

MINUTES OF MEETINGS INDEX