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Minutes of Commissioners Meeting   -   May 9, 2012

Note:  Complete Meeting Appears on CD #10-12 and #11-12 on File in the Wildwood Crest, NJ Borough Clerk’s Office May 9, 2012
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 same to the Gazette-Leader, the Herald and The Press on November 29, 2011.

 

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 ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1144

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 32A, FEES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, STATE OF NEW JERSEY, TO ADD NEW SECTION 32A-3, MEMORIAL BENCHES, AND RENUMBERING SECTION 32A-3, ADDITIONAL FEES, AS SECTION 32A-4, AND AMENDING ORDINANCE NO. 991 ADOPTED DECEMBER 21, 2005 AND ORDINANCE NO. 1015 ADOPTED AUGUST 9, 2006

Mr. Cabrera motioned, seconded by Mr. Groon, that Ordinance No. 1144 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, May 30, 2012 at 7:00 p.m.

Vote:          Gould-No                                                 Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 771-12

 

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

 

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

 

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

 

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

 

WHEREAS, a resolution authorizing the Borough of Wildwood Crest to apply for  such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of the Board of Commissioners to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

 

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

 

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 the Borough of Wildwood Crest hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection, and designates Joseph Bond, Recycling Coordinator, to ensure that the application is properly filed; and

 

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant shall be deposited into an account to be used solely for the purposes of recycling.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 772-12

 

WHEREAS, Fred Spiewak has tendered his resignation as a Member of the ZONING BOARD of the Borough of Wildwood Crest; and

 

WHEREAS, the term of Fred Spiewak as a Member of the ZONING BOARD of the Borough of Wildwood Crest expires December 31, 2014; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest wish to appoint PETER COMPARE, 213 East Stockton Road, Wildwood Crest, New Jersey, to fill the unexpired term of Fred Spiewak;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that PETER COMPARE, 213 East Stockton Road, Wildwood Crest, New Jersey 08260 be and he is hereby appointed as a Member of the ZONING BOARD of the Borough of Wildwood Crest for the balance of the unexpired term of Fred Spiewak, commencing immediately and expiring December 31, 2014.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 773-12

 

         WHEREAS, there exists the need for the “Professional Services” of a BOROUGH SOLICITOR, to be retained by the Borough for the performance of legal services and related duties associates therewith as directed by the 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, Doreen Y. Corino, Esquire, has completed and submitted a Business Entity Disclosure Certification which certifies that Doreen Y. Corino, Esquire, will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 commencing May 9, 2012 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, 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 Commissioner of Revenue & Finance and Borough Clerk be and they are hereby authorized, instructed, and empowered to execute the attached agreement with DOREEN Y. CORINO, ESQUIRE, who shall be compensated by voucher at the agreed upon 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, and the attached Agreement.  Said Solicitor 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. Said contract is also awarded not in accordance with the open and fair process of the New Jersey Pay-to-Play Law, but all conditions required for the award, based upon the conditions set forth at N.J.S.A. 19:44A-1, et. seq., shall be met in order to permit said award.

 

         4. The Business Disclosure Entity Certification shall be placed on file with this Resolution.

 

         5.  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 CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 774-12

 

               WHEREAS, on February 24, 2010, the Borough of Wildwood Crest awarded a bid to Bradley’s Bikes for a bicycle rental concession at an annual rent of $41,100.00 per year, and

 

               WHEREAS, due to the construction of the new Rambler Road Park, relocation of the bicycles and construction of a new facility for the bicycle rental concession was undertaken by the Borough of Wildwood Crest, and

 

               WHEREAS, the completion date of the construction of the new bicycle rental facility has been delayed due to the architect, Richard Stokes, subcontracted by Van Note-Harvey Associates, Borough Engineer, and

 

               WHEREAS, Bradley’s Bikes has incurred loss of rental income by the delay in construction and has requested reimbursement for the inability to operate from the agreed upon premises for the initial portion of calendar year 2012, and

 

               WHEREAS, Van Note-Harvey Associates, Borough Engineers, and/or Richard Stokes, Architect, subcontracted by Van Note-Harvey, have agreed to fully reimburse the Borough of Wildwood Crest for the total costs associated with not having the project timely completed, including the Concessionaire’s inability to operate from the rental premises and all other related costs incurred by the Borough of Wildwood Crest pertaining to the move and/or relocation of the storage containers housing the bicycles including, but not limited to, any and all invoices from Hecht Trailers, Inc.

 

      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 the Chief Financial Officer be and is hereby authorized and directed to issue payment of $6,165.00 to Bradley’s Bikes and to invoice Van Note-Harvey Associates for reimbursement to the Borough of Wildwood Crest of this amount paid, in addition to invoicing Van Note-Harvey Associates for any bills incurred by the Borough of Wildwood Crest pertaining to the move/relocation of the storage containers in which the bicycles have been placed for storage.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 775-12

 

WHEREAS, on April 24, 2012 , MICHAEL C. FLOOD , 3355 Princeton Ave. , Philadelphia, PA 19149 , paid the 2012 mercantile license fee of $ 330.00, by check #2472, for the rental of unit 314 at the Summer Sands Condominium, 8401 Atlantic Ave., Wildwood Crest, NJ ; and

                                                                                                                                               

WHEREAS, on April 30, 2012, Crest Savings Bank faxed a copy of check #2472 showing a discrepancy in the hand written amount on the check as $333.00, resulting in an overpayment of $3.00 ; and

 

WHEREAS, the Board of Commissioners has determined that a refund request in the instant matter is proper as presented;

 

NOW, THEREFORE, 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 of the Borough of Wildwood Crest be and he is hereby authorized and directed to cause a refund in the amount of $ 3.00 to be made to  MICHAEL C. FLOOD , 3355 Princeton Ave., Philadelphia, PA 19149 for the reason set forth hereinabove.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 776-12

 

WHEREAS, on April 16, 2012 , Thunder Motorsports Inc. , 438 Bethel Mill Rd. , Sewell, NJ 08080 , applied for a Special Events Permit for the purpose of a CAR SHOW   to be held on Thursday ,  May 10, 2012, from 6:00 p.m. to 8:30 p.m., on Sweet-Briar Rd., between Atlantic Ave. and Ocean Ave. ; and

                                                                                                                                               

WHEREAS,  MICHAEL C. FLOOD, 3355 Princeton Ave., Philadelphia, PA 19149 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 he is hereby authorized and directed to issue a Special Events Permit to  MICHAEL C. FLOOD , 3355 Princeton Ave., Philadelphia, PA 19149 for the purpose of a CAR SHOW to be held on Thursday, the rental of unit 314 at the Summer Sands Condominium, 8401 Atlantic Ave., Wildwood Crest, NJ

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 777-12

 

WHEREAS, on April 19, 2012 , JOHN NICODEMO , 4965 Wagner Dr. , Bethlehem, PA 18020 , applied for a Special Events Permit for the purpose of a WEDDING   to be held on September 8, 2012 ,  from 11:00 a.m. to 11:45 a.m., at the Rambler Road Gazebo ; and

                                                                                                                                               

WHEREAS,  MICHAEL C. FLOOD, 3355 Princeton Ave., Philadelphia, PA 19149 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 he is hereby authorized and directed to issue a Special Events Permit to  MICHAEL C. FLOOD , 3355 Princeton Ave., Philadelphia, PA 19149, for the purpose of a CAR SHOW to be held on Thursday, the rental of unit 314 at the Summer Sands Condominium, 8401 Atlantic Ave., Wildwood Crest, NJ.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 778-12

 

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Mayor and the Borough Clerk be and they are hereby authorized to execute an agreement with the Greater Wildwood Tourism Improvement and Development Authority (GWTIDA) entitled “Contract with the Borough of Wildwood Crest for Municipal Event Support”.

 

Mr. Groon motioned, seconded by Mrs. Gould, 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 and which appear in full on the following pages, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that taxi cab licenses for calendar year 2012 in accordance with the provisions of Chapter 73 of the Code of the Borough be approved.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that a letter of resignation had been received on May 3, 2012 from Arlieen Franco, one of the Borough’s GWTIDA representatives. He indicated that a decision would have to be made by the governing body as to acceptance of the letter of resignation, and consideration of naming a replacement. He added that the terms of appointment expire in August 2015. He added that there was an opportunity to name a replacement before the GWTIDA meeting in June by making an appointment at the governing body’s next meeting of May 30, 2012. Mr. Groon interjected that the term for this particular appointment is in the first year of a four year cycle. He inquired if the new appointment would complete that four year term, or if the governing body would have the ability to change the cycle by staggering the appointments. He indicated that making two business community appointments at the same time can create problems. The Clerk responded that if it is as simple as language in the ordinance, it can easily be amended. However, if it is a provision in the authorizing public law legislation, the answer would be no. He added that he would review the authorizing legislation. Mrs. Gould suggested that if the governing body determines to accept the resignation, the Borough should advertise for interested parties to submit letters of interest. Mr. Cabrera stressed that the appointee would have to be a member of the business community. He inquired if it is defined as owning a business or working for a business. The Clerk responded that it is a business operating in the Borough of Wildwood Crest. Mr. Groon added that it was his understanding that the statute indicates that the appointee does not have to own the business but the business must receive sales tax or pay GWTIDA fees. It was his suggestion that the statutory requirements be included in any advertisement. Mrs. Gould suggested that the letters of interest be received several days prior to the May 30th meeting. The Clerk suggested that a press release be drafted by the public information officer seeking letters of interest for the position. The public information officer interjected that to guarantee placement in the newspapers, an ad will have to be purchased. He went on to state that a press release is not guaranteed to be published since that is an editorial decision by each newspaper. The Clerk stated that the advertisement could be placed on the Borough’s website as well as our designated newspaper. Mr. Groon and Mrs. Gould both indicated that an advertisement should be placed in each newspaper. Mr. Groon inquired about time lines for placement of the ads. The public information officer stated that with press releases, the deadline would be Friday. Mr. Groon also indicated that GWTIDA will have to move forward and appoint a new Chair and Vice-Chair, and without an appointment by the governing body, the Borough will not have a third voice in that process. Mr. Cabrera inquired if Arlieen Franco would be willing to stay on the GWTIDA board through the process of the Borough locating a replacement. Mr. Groon responded that her letter of resignation was clear and he did not foresee that option. Mrs. Gould concurred. There was a discussion regarding who should be on the committee to review the letters of interest and interview the candidates. It was determined that the Clerk/Administrator would receive the letters of interest and distribute copies to the entire governing body. The most qualified candidates would then be interviewed by the Mayor and the Clerk/Administrator, who would then make a recommendation to the entire governing body.

 

Mr. Cabrera inquired if a resolution was required to accept the resignation. The Clerk responded the it was his opinion that it would be in the Borough’s best interest to motion that the resignation be accepted with regret and that the process outlined previously be initiated based upon the qualifying factors set forth in the statute. A letter in turn could be sent to the resigning member.

Mr. Cabrera motioned, seconded by Mr. Groon, to accept the resignation, with regret, of Arlieen Franco as a Borough representative to GWTIDA effective May 3, 2012.

Vote:          Gould-Cabrera-Groon-Yes

 

Mr. Cabrera reported that there had been a meeting attended by the Clerk/Administrator, Engineer, Solicitor and Mr. Cabrera regarding the concession rentals at the beach pier and Nesbitt Center regarding potentially renting out the beach pier building. He stated that it appears there is not going to be an easy solution to the beach pier to create a commercial presence since the Borough would have to invest significant dollars to build a shell. He indicated that the cost would be approximately $600,000 to the Borough, and it was his opinion that the Borough would not find a vendor to bid on the premises at that cost because of the ten year lease limitation. He suggested that the Borough explore the idea of an open-air pavilion concept. With regard to the Nesbitt Center, Mr. Cabrera reported that there was a better opportunity for concession rentals at that location. He added that the existing library on the bike path could potentially be an area for some space for commercial rental. He added that the Engineer had suggested a USDA program that funds public buildings for potential funding for those projects, as well as the Borough garage and the Crest Pier. Since a response can take up to two months, he suggested authorizing the Engineer to make application to the USDA for those funding opportunities. Mr. Groon stated that the application did not seem to be of issue, but added that it was his opinion that the governing body should have a plan for the facilities. He questioned whether the USDA would permit the Borough to utilize those funds to renovate a building for the purpose of renting it out. The Engineer responded that as long as the Borough retains a portion of the property for its use there should be no problem. Mr. Groon agreed with the idea of applying for funding for all four buildings. He suggested hiring an architect to provide plans for the buildings, and incorporate those plans into the application. Mr. Cabrera suggested that the following concepts be included: the beach pier shell, the Nesbitt Center tourism building to become a retail center, an upgrade of the Borough garage offices and bathrooms, and the storefronts on the north side to create access from the gymnasium to create more recreational rooms. The Clerk asked if the existing library should also be included. Mr. Cabrera responded in the affirmative. The Solicitor stated that it was her recollection that the Engineer had indicated that with very little preparation work he could have a summary meeting and response from USDA within sixty days. The Engineer concurred. The Solicitor advised that she did not think architectural work would be required in advance of that meeting. The Engineer stated that the one project the USDA would most likely be looking for more definition would be the Nesbitt Center. The other buildings are clearly only public service buildings. Mr. Groon suggested that the Engineer be given authorization to make the minimal application and then move forward based upon the response from the USDA. The Clerk/Administrator inquired if the Borough would have the opportunity to choose to proceed with the grant application, but finance the loan privately, or would the USDA require that the entire package be done through them. The Engineer responded that it is “all or none.” He added that the loan funds must be spent first and the grant funds are on the back end. The Clerk stated that that would require a bond ordinance. Mr. Groon added that funds have already been earmarked for some of the projects, such as $140,000 for the garage and $100,000 for the pier. He went on to state that with the grant funding and clarifying the projects, the Borough may still be in a position to do the projects staying within the parameters set by the governing body for future bonding.

Mr. Cabrera motioned, seconded by  Mrs. Gould, to authorize the Engineer to apply to USDA for funding for the five buildings previously specified, i.e., Crest Pier, current library, Public Works garage, beach pier building, and the Nesbitt Center.

Vote:          Gould-Cabrera-Groon-Yes

 

With regard to the purchase request for 8700 New Jersey Avenue, the Clerk indicated that there have been some expressions of concern that the vacant land adjacent to 8700 New Jersey Avenue may be needed for potential utility improvements in the future. Therefore, any ordinance indicating that the land “is no longer of public use” may not be possible. Mr. Cabrera stated that it was his opinion that without knowing whether the property may be needed for utility purposes, the Borough should hold off. The Clerk indicated he would respond to the interested party accordingly. The Solicitor stressed that if the property is offered for sale, it must be stated that it is no long needed for public purposes, and it was her opinion that the Borough was not in a position to do so. The governing body was unanimous to not sell the property.

 

The Clerk reported that the Environmental Commission Chairman had communicated concerns about certain beach vegetation pruning and bulkhead construction. He added that a response had been provided that no Borough employees would be reporting to the Environmental Commission from a directive standpoint, but any concerns or issues could be expressed, in writing, to the Borough and appropriate consideration and a follow-up response would be given to those concerns. It was the Clerk’s position that employees should not be subjected to advisory boards directives. Mr. Groon suggested that the Public Works Superintendent meet with the Environmental Commission Chair and Mr. Cabrera.

 

With regard to the Borough logo design, the Clerk reported that he, Mr. Cabrera, and the public information officer had received revised designs, but it was his opinion that they were not in a position to present a final product to the governing body. He added that the committee was meeting again on Friday, May 11th to review the designs submitted.

 

There was no further information to report with regard to the County Library committee. The Assistant Recreation Supervisor stated that the Request for Proposals for architect was due to close at the end of May. Mr. Groon stated that the project was starting to drag out at the County level, and suggested that the County be contacted to get the project moving. The Clerk/Administrator indicated that he would do so.

 

Concerning the Boardwalk/Bike Path Connector project, the Clerk reported that the Chief of Police and he met with the Borough’s Risk Management Consultant to review the area, and it was suggested that a bollard perhaps be installed leading to the bike path at Cresse Avenue to prevent vehicles from entering the bike path. Additionally, steps need to be taken to insure that no vehicles proceed south into Wildwood Crest as they access the beach in Wildwood at Cresse Avenue. Mr. Groon stated that the Borough has started to extend the snow fencing in that area. With regard to the bollard at the entrance to the bike path, Mr. Groon stated that it may have potential for liability since it would be forcing bikes and pedestrians into one another to avoid the bollard. The Clerk reiterated that vehicles on the bike path is a concern and indicated that further discussions would be had from a safety, liability standpoint.

 

Mr. Groon inquired of the Engineer as to the timeline for re-opening the bike path at Cresse Avenue. The Engineer responded that it should be open by Memorial Day Weekend. Mr. Groon then inquired if access to the bike path at Rambler Road will be available for Memorial Day Weekend. The Engineer responded in the affirmative.

 

John Dana, 208 East Washington Avenue, inquired about the traffic light at Aster and Park Boulevard, stating that it should be removed. He suggested that a four-way stop sign would serve the purpose of traffic control. The Chief of Police responded that the same question has been asked in the past, and he indicated that the original purpose of the light was because the elementary school was in that area. After the school was relocated, the State upgraded the light and it was retained at that location because of the commercial boats in the vicinity as a traffic calming device since it is the only traffic control device from Cresse Avenue to Rambler Road. The Chief added that the light cannot be removed without the State’s approval. Mr. Groon stated that he had heard nothing that would convince him to request the removal of the light. It was his opinion that flow and speed of traffic needed to be broken in the area. Mr. Dana reiterated his suggestion of a four-way stop sign. The Chief of Police stated that it would be more difficult to have a four-way stop sign approved by the State. Mr. Groon indicated that a commitment had been made to review all of the stop lights in the Borough and that would be done after the summer.

 

There being no additional public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 779-12

 

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) (insert number) issues 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 May 9, 2012 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_____            “(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 Department of Administration strategic plan

 

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, there being no further matters for discussion, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        May 30, 2012

Kevin M. Yecco, Borough Clerk  

MINUTES OF MEETINGS INDEX