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Minutes of Commissioners Meeting   -   August 19, 2015

Note:  Complete Meeting Appears on CD #18-15 on File in the Borough Clerk's Office. August 19, 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 No. 1220 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. 1220

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

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that a public hearing now be held on Ordinance No. 1220.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 1220 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1220 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 No. 1221 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. 1221

AN ORDINANCE AUGMENTING AND AMENDING CHAPTER 79 OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, VEHICLE AND TRAFFIC, ARTICLE XII-SCHEDULES, SECTION 79-37, SCHEDULE VI, ONE-WAY STREETS

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing now be held on Ordinance No. 1221.

Vote:          Gould – Cabrera – Groon – Yes

 

There being no public comments, Mrs. Gould motioned, seconded by Mr. Groon, that the public hearing on Ordinance No. 1221 be closed.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1221 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. 480-15

WHEREAS, Janelle M. Holzmer, Borough Clerk of the Borough of Wildwood Crest, has announced her retirement effective May 1, 2015; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is in the best interests of the Borough to appoint Patricia A. Feketics as Borough Clerk of the Borough of Wildwood Crest;

 

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.                   Subject to a fully executed  Memorandum of Understanding concerning terms of employment.

 

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

 

                3.             That Patricia A. Feketics shall hereby be appointed Borough Clerk of the Borough of Wildwood Crest, commencing August 21, 2015, at an annual rate of pay provided for in the existing Salary Ordinance of the Borough of Wildwood Crest, and in accordance with the provisions of N.J.S.A. 40A:9-133, for a term of three (3) years, and shall include the performance of all required duties and responsibilities as Borough Clerk of the Borough of Wildwood Crest under authority of the law, in addition to Alternate JIF Fund Commissioner and Safety Coordinator. 

 

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. 481-15

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, that PATRICIA A. FEKETICS, Borough Clerk, be and she is hereby appointed REGISTRAR OF VITAL STATISTICS for the Borough of Wildwood Crest. Said appointment shall commence effective August 21, 2015 and shall run concurrent with the appointment as Municipal Clerk 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 DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 482-15

WHEREAS, there exists the need for the “Professional Services” of a BOROUGH PLANNER, to be retained by the Borough for the preparation of land development regulations to effectuate the purposes of zoning and Municipal Land Use Law; Preparations of special reports, Preparation of Master Plans, Housing Plans, COAH, Fair Share Plans, Urban Design and Planning; Assisting with a current COAH motion and complaint now pending; other matters that lie within the professional expertise of the Borough Planner, and 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.

 

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

 

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

 

          2.  That the Mayor and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with Clark, Caton, Hintz 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, and whose rate/fee structure are contained in the aforesaid Agreement and said “Independent Contractor” shall be required to comply with this Resolution. Said Planner 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 contact 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.

 

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. 483-15

SUBJECT:           A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER 1–FINAL AND ESTIMATE CERTIFICATE NUMBER 6-FINAL.

                               

WASHINGTON AVENUE & DPW COMPLEX PLAYGROUND, TENNIS COURTS & FENCING IMPROVEMENTS

 

WHEREAS, All Surface Asphalt Paving, Inc. of Point Pleasant, New Jersey has satisfactorily completed the contract for the project known as Washington Avenue & DPW Complex Playground, Tennis Courts & Fencing Improvements; and

 

WHEREAS, during the course of completing the project, certain additions and reductions were required as indicated on Change Order Number 1 – FINAL, decreasing the contract amount by $9,316.00 to $345,929.00; and

 

WHEREAS, the Contractor has now submitted the final Payment Request Number 6 – FINAL on the project; and

 

WHEREAS, the Borough Engineer, Ralph Petrella Jr. of Van Note – Harvey Associates has recommended acceptance of the project as complete.

 

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, that said Change Order Number 1 – FINAL, decreasing the total contract amount to $345,929.00 and Estimate Certificate Number 6 – FINAL be and the same are hereby approved.

 

AND BE IT FURTHER RESOLVED that the contract for said work be, and the same is hereby accepted, and that all payments to All Surface Asphalt Paving, Inc. be made thereon.

 

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. 484-15

BE IT RESOLVED, by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May and State of New Jersey, that the Deputy Borough Clerk be and she is hereby authorized, instructed and empowered to advertise Notice to Bidders in The Herald of Cape May County issue of August 26, 2015.

 

Sealed bids will be received by the Bid Opening Committee in the Municipal Court Room, Wildwood Crest Borough Hall, on Wednesday, September 9, 2015 AT 11:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Contract Documents on file in the Borough Hall.  Said items are as follows:

 

TRENCH RESTORATION CONTRACT

 

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. 485-15

Authorizing Fireworks Display at Seafarers’ Celebration

On Friday, September 25, 2015

 

 

WHEREAS, the Borough of Wildwood Crest annually sponsors an event known as “Seafarers’ Celebration;” and

 

WHEREAS, it is the desire of the Board of Commissioners that a fireworks display be incorporated as a finale to the 2015 Seafarers’ Celebration on September 25, 2015; and

 

WHEREAS, it is the desire of the Board of Commissioners to set forth policies and procedures for the implementation of said fireworks display;

 

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.       A fireworks display be and the same is hereby authorized as a finale to the Seafarers’ Celebration on Friday, September 25, 2015, commencing approximately 9:00 p.m.

2.       The fireworks exhibitor shall comply with any and all State of New Jersey Fire Code Regulations as apply to fireworks displays, as well as all Municipal Excess Liability Joint Insurance Fund requirements.

3.       The fireworks exhibitor shall supply the Borough of Wildwood Crest with a Certificate of Liability Insurance in an amount not less than $1,000,000, naming the Borough of Wildwood Crest as an additional insured.

4.       The fireworks exhibitor shall execute an Indemnification and Hold Harmless Agreement on behalf of the Borough of Wildwood Crest.

5.       The Borough of Wildwood Crest Recreation Supervisor, or his designee, shall coordinate the display, with the Borough Fire Official and the Fireworks Exhibitor, to the extent necessary to insure compliance with the foregoing, as well as any other required safeguards as provided by the Borough Fire Official to fully protect the public health, safety and welfare.

6.       The Commissioner of Public Works and Facilities is hereby authorized to execute a contract with Schaefer Pyrotechnics, Inc. in the not to exceed amount of $7,000.00.

 

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. 486-15

 

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.

 

 

3-55.02                  Cory & Kari McLaughlin                                                   Amount

2015 Tax              5400 New Jersey Ave                                                          $879.56

                                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

August 19, 2015.

 

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. 487-15

 

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.

 

 

22-14-C1003

2015 Tax                              Gregory & Renee Bannister

                                            113 E.Crocus Rd.                                                         $598.29

                                                Title Company & Mortgage Company

                             both paid 2015 2nd 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

August 19, 2015.

 

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. 488-15

WHEREAS, on August 10, 2015 , CYNTHIA VOEGELE , 1036 Mearns Rd. , Warminster, PA 18974 , applied for a Special Events Permit for the purpose of the VOEGELE-YOUNG WEDDING   to be held on SEPTEMBER 12, 2015 ,  from 4:30 PM to 5:20 PM, at the SUNSET LAKE GAZEBO ; and

                                                                                                                                                         

WHEREAS,  CYNTHIA VOEGELE, 1036 Mearns Rd., Warminster, PA 18974, has supplied all documentation required under Ordinance No. 936, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  CYNTHIA VOEGELE , 1036 Mearns Rd., Warminster, PA 18974 for the purpose of the VOEGELE-YOUNG WEDDING to be held on SEPTEMBER 12, 2015 , from 4:30 PM to 5:20 PM, at the SUNSET LAKE GAZEBO.

 

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. 489-15

WHEREAS, on August 5, 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 29, 2015 ,  from 9:00 AM TO 10:30 AM 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, including the requisite Certificate of Insurance, and has further pledged to comply with all applicable rules and regulations pertaining to the conduct of said Special Event; and

 

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

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey that the Borough Clerk be and she is hereby authorized and directed to issue a Special Events Permit to  DELMOSPORTS LLC , 100 E. Rio Grande Ave, Wildwood, NJ 08260 for the purpose of a TRIATHLON RUN to be held on AUGUST 29, 2015, from 9:00 AM TO 10:30 AM 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 received from the Court Administrator, CFO, Tax Collector and the Wildwood Crest Police Department for the month ending July 31, 2015 be accepted as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the minutes of Commission Meetings held July 22, 2015 and August 5, 2015 be approved as presented.

Vote:          Gould – Cabrera – Groon – Yes

 

The Mayor then opened the discussion with New Business and the proposed medians along Pacific Avenue.  Commissioner Cabrera indicated that the Engineer has the plans and that the Commissioners could discuss the details with the Engineer at their earliest convenience.  The Mayor then asked the Commissioners to come up with a decision at the next meeting. With regard to New Jersey Avenue, the Mayor indicated that they were moving in the direction of fixing the medians.  The Administrator indicated that perhaps changing the light fixtures and not moving the poles was the best option right now.  The Borough Engineer also noted that he had a meeting in Trenton the following morning regarding the Land Use Division. 

With respect to Old Business, there were no developments to report.  However, the Administrator added that he and the Clerk would be meeting with the Wellness Coordinator from the JIF and would update the Commissioners at the next meeting.

 

The Mayor then opened the floor for public commentary.  Eileen O’Donnell, 324 W. Cresse Avenue, wanted clarification on the proposal for Pacific Avenue.  The Mayor indicated the change would take place from Morning Glory Road to approximately Primrose Road.  Ms. O’Donnell also indicated that there are so many problems along the Bay area with respect to parking and bicycles and how the traffic lanes are so narrow.  Commissioner Cabrera then indicated that the proposal for Pacific Avenue is still in the early stage and he would be happy to meet with homeowners to go over the concepts and drawings at any time.  Ms. O’Donnell then asked about the removal of meters along portions of Atlantic Avenue.  The Mayor then pointed out that they were trying to get a list of people who live and work in the area where the meters have been removed so that a partial refund could be made.  Lastly, the Mayor thanked Ms. O’Donnell for her comments and said they were under advisement.

 

Ray Fiedler, 8405 Pacific Avenue, commented about the medians and wanted to know if they would have bushes and trees.  Commissioner Cabrera indicated it could be a possibility.  He also added that if it took place on Pacific Avenue, it makes sense to add the shrubbery. 

 

Tim Bennett, 217 W. Charleston Avenue, indicated that he is a crossing guard at the school and he sees many illegal u-turns along New Jersey and that he is not a fan of bushes at Newark Avenue because it could be dangerous for the children crossing. 

 

Cliff Glenn, 111 W. Jefferson Avenue, had several comments.  He wanted to know what the current debt of the Borough is and the Mayor indicated approximately 40 million dollars.  He further stated that exact numbers could be given to him after the meeting or the following day.  Mr. Glenn then wanted to know why Pacific Avenue was under construction the entire summer.  The Mayor pointed out that with respect to the grant for making Pacific Avenue ADA compliant, the money had to be spent in a certain time frame.  Mr. Glenn then expressed his dislike for New Jersey Avenue and how he disagrees with not allowing bonfires on the beach.  He then wanted to know why there were so many vacancies on the Planning Board and the Mayor indicated there was one vacancy and the previous resolution had to be amended and the other members had to be moved up.  Lastly, Mr. Glenn expressed that he did not want to see medians on Pacific Avenue. 

 

Ken Hand, 7312 Pacific Avenue, expressed that he would like to see beach fees addressed since the Borough’s biggest asset is the beach. 

 

Cheryl Gillespie, 108 E. Denver Avenue, expressed that she would like to see walkways extended further down the beach then they currently go.  She also indicated that Denver Avenue is in disrepair and wanted to know if there were plans to fix it.

 

Kay Sparkman, 7705 New Jersey Avenue, asked why temporary benches were not along New Jersey Avenue.  The Mayor indicated the benches were completed by the end of July. 

 

Ray Fiedler, 8405 Pacific Avenue, indicated cars park in front of his driveway and asked for lines to be painted.  Commissioner Gould said to call the police if cars block the driveway.  The Mayor then said he would look at the request and send it over to the police.

 

Kay Sparkman, 7705 New Jersey Avenue, wanted to know if any police reports were filed along New Jersey with respect to people getting hurt.  The Mayor stated that we could certainly ask the police to check in the morning and get back to her.  Ms. Sparkman then cited several incidents that she was aware of and the Mayor then indicated that they were trying to get New Jersey Avenue finished as quickly as possible.

 

Ken Hand, 7312 Pacific Avenue, cited that so many people seem to be having trouble with following the law with respect to the crosswalks.  The Mayor agreed and indicated they were looking to review the placement of the crosswalks. 

 

Ray Fiedler, 8405 Pacific Avenue, cited an incident that occurred on July 22, 2015 and commended our Police Department on their professionalism.  The Mayor then added that all of the employees in Wildwood Crest do a great job.

 

Hearing nothing further from the public,

 

THE DEPUTY CLERK READS THE FOLLOWING RESOLUTION BY TITLE:

RESOLUTION NO. 490-15

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, August 19, 2015 at 7:00 P.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 Pending Litigation (Hunt v. Wildwood Crest).

 

________             “(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

 

Upon returning from Closed Session, and with nothing further to discuss, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned at 8:04 p.m.

 

Dated: September 19, 2015

Patricia A. Feketics, Deputy Borough Clerk

                                                                                MINUTES OF MEETINGS INDEX