Re: Private Meeting Contracts & Litigation

CAUCUS MEETING APRIL 5, 2011 6:30 P.M.

Members Present: Present were Mayor William Henfey, President of Council Patrick Rosenello, Councilpersons Robert McCullion, Edwin Koehler, Margaret Bishop, Richard Ogen, Kellyann Tolomeo and Salvatore Zampirri. Also present were Acting City Administrator Louis M. Belasco, Solicitor Andrew Cafiero and Engineer Ralph Petrella. RESOLUTION: # 72-11 RE: PRIVATE MEETING – CONTRACTS & LITIGATION

The above resolution was offered by McCullion, seconded by Koehler, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. On a motion by Koehler, seconded by McCullion, that Council now return to open session. Carried. 6:55 PM On a motion by Koehler, seconded by McCullion, that caucus be adjourned. Carried. 6:55 PM REGULAR MEETING APRIL 5, 2011 7:00 P.M.

A regular meeting of the North Wildwood City Council was held on the evening of the above date in the City Hall. The President of Council stated, “The meeting is now open. Adequate notice of this meeting has been provided by posting a copy of the notice of the time and place of this meeting on the City Clerk’s bulletin board and by mailing a copy of the same to The Herald, The Press and Wildwood Leader on January 5, 2011.”

ROLL CALL: Present were Mayor William Henfey, President of Council Patrick Rosenello, Councilpersons Robert McCullion, Edwin Koehler, Margaret Bishop, Richard Ogen, Kellyann Tolomeo and Salvatore Zampirri. Also present were Acting City Administrator Louis M. Belasco, Solicitor Andrew Cafiero and Engineer Ralph Petrella.

MINUTES: On a motion by Koehler, seconded by Tolomeo, that the minutes of the regular meeting of March 15, 2011 be approved as read. Carried.

COMMUNICATIONS:

LESLIE CLINE RE: Retirement from Public Works Dept., Effective 7/1/11

On a motion by Bishop, seconded by Koehler, that the above correspondence be received and filed, with congratulations and best wishes to the retiree. Carried.

NJ TRANSIT RE: Federal Funding Request, Notice of Availability of Public Input

On a motion by Bishop, seconded by Koehler, that the above correspondence be received and filed. Carried.

BOROUGH OF WILDWOOD CREST RE: Expressing Opposition to Senate Bill S-2794

On a motion by Bishop, seconded by Koehler, that the above correspondence be received and filed. Carried. REGULAR MEETING APRIL 5, 2011

CMC MOSQUITO COMMISSION RE: Annual Pesticide Information On a motion by Bishop, seconded by Koehler, that the above correspondence be received and filed. Carried.

OFFICE OF THE CITY CLERK RE: Taxi License Report – 2011 Renewals On a motion by Bishop, seconded by Koehler, that the above correspondence be received and filed. Carried.

SPECIAL EVENT RE: Elks Easter Egg Hunt, 4/23/11 On a motion by Koehler, seconded by McCullion, that the above special events application be approved. Carried.

SPECIAL EVENT RE: Ed’s Funcade Treasure Hunt, 4/24/11 On a motion by Koehler, seconded by McCullion, that the above special events application be approved, pending receipt of a valid Certificate of Insurance. Carried.

SPECIAL EVENT RE: Easter “Sonrise” Service, 4/24/11 On a motion by Koehler, seconded by McCullion, that the above special events application be approved. Carried.

MAYOR’S COMMUNICATIONS: None.

APPOINTMENTS:

Beach Patrol Vince Picirrilli Maintenance Seasonal 4/18/11 Bill Quinn Maint./Lifeguard 4/25/11 Tim Fynes Maint./Lifeguard 5/2/11 Bill Ciavarelli Maint./Captain 5/2/11 Public Works Michael DiBiasio Laborer Seasonal 4/11/11 Jeffrey Gillespie Laborer Seasonal 4/11/11 John Kutas Laborer Seasonal 4/11/11 Joe McAnaney Laborer Seasonal 4/11/11 Robert McMaster Laborer Seasonal 4/11/11 John Perriello Laborer Seasonal 4/11/11 John Rilling Laborer Seasonal 4/11/11 Thomas Tracy Laborer Seasonal 4/11/11 William Weldon Laborer Seasonal 4/11/11 Municipal Court Regina Augustino Clerk Seasonal 5/2/11 Police Robert Blom SLEO I 4/6/11 Parks Joe McCloskey Laborer Seasonal 4/11/11 James Reddin Laborer Seasonal 4/11/11 Philip Wade Laborer Seasonal 4/26/11 Patrick Martin Laborer Seasonal 4/26/11 Robert Litwinick Laborer Seasonal 5/2/11 On a motion by Koehler, seconded by Ogen, the above seasonal appointments be confirmed. Carried. REGULAR MEETING APRIL 5, 2011 RESOLUTIONS: # 73-11 RE: Adoption Of Budget Of The Wildwoods Boardwalk Special Improvement District

The above resolution was offered by Koehler, seconded by McCullion, the roll being called, all voting in the affirmative with Rosenello and Zampirri abstaining, the President of Council declared the resolution duly adopted. # 74-11 RE: Authorizing City Clerk To Advertise For A Concession Contract For A Beach Umbrella Stand Concession

The above resolution was offered by McCullion, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 75-11 RE: Authorizing Advertisement For Public Bid Recoating Of Central Avenue The above resolution was offered by McCullion, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. Mayor Henfey provided explanation regarding the Central Avenue project. # 76-11 RE: Authorizing Return Of Balance Of Escrow Deposit

The above resolution was offered by Bishop, seconded by McCullion, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 77-11 RE: Authorizing Return Of Balance Of Escrow Deposit

The above resolution was offered by Bishop, seconded by McCullion, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 78-11 RE: Issuance Of Amusement Game Licenses

The above resolution was offered by Koehler, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 79-11 RE: Issuance Of Amusement Game Licenses

The above resolution was offered by Koehler, seconded by Tolomeo, the roll being called, all voting in the affirmative with Rosenello abstaining, the President of Council declared the resolution duly adopted. # 80-11 RE: Establishing Rates For Parking Meters And Parking Lots

The above resolution was offered by McCullion, seconded by Koehler, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. REGULAR MEETING APRIL 5, 2011

# 81-11 RE: Approving Certified Lists Of Individuals Qualifying For 2010 Length Of Service Program Credits

The above resolution was offered by Koehler, seconded by Bishop, the roll being called, all voting in the affirmative with McCullion abstaining, the President of Council declared the resolution duly adopted. # 82-11 RE: Expressing Concurrence With New Jersey Department Of Transportation For No-Passing Zones On Route 147 In The City Of North Wildwood

The above resolution was offered by McCullion, seconded by Koehler, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. Deputy City Clerk Jett explained that the New Jersey Dept. of Transportation has requested the passage of this resolution. # 83-11 RE: Authorizing Direct Negotiation Of Lacrosse Camp Contract

The above resolution was offered by Tolomeo, seconded by Koehler, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. President of Council Rosenello explained that after 2 occasions with no bids received the contract can be negotiated. # 84-11 RE: Designating An Americans With Disability Act Coordinator Pursuant To The Code Of The Federal Regulations Title 28, Chapter 1, Part 35 Subpart A, 35.107(A)

The above resolution was offered by Koehler, seconded by McCullion, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 85-11 RE: Rejecting Bid Received On Contract For Boardwalk Bathroom Maintenance And Cleaning Services

The above resolution was offered by Koehler, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 86-11 RE: Authorizing The Execution Of An Exit Agreement For Raymond Townsend The above resolution was offered by Koehler, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. # 87-11 RE: Authorizing A Chapter 48 Addendum To The New Jersey State Health Benefits Program

The above resolution was offered by Koehler, seconded by Zampirri, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted. REGULAR MEETING APRIL 5, 2011

# 88-11 RE: Memorializing Action Taken By Mayor And Council On April 5, 2011 Pertaining To Then Pending Litigation

The above resolution was offered by Koehler, seconded by Tolomeo, the roll being called, all voting in the affirmative, the President of Council declared the resolution duly adopted.

ORDINANCES:

ORDINANCE NO. 1592 - On a motion by Koehler, seconded by McCullion, that Ordinance No. 1592 be placed on its second reading. Carried.

The Deputy City Clerk read Ordinance No. 1592 by its title, as required by Law, known as “Calendar Year 2011 Ordinance To Exceed The Municipal Budget Appropriation Limits And To Establish A Cap Bank (N.J.S.A. 40a: 4-45.14)“.

This Ordinance has been published according to Law, posted on the City Clerk’s bulletin board with copies available in the City Clerk’s Office on request.

The President of Council stated this was the time and place to hold a public hearing on Ordinance No. 1592 and asked if anyone present had any objections to the passage of this Ordinance.

ACTING CITY ADMINISTRATOR BELASCO explained the purpose of this ordinance.

JIM KOCH, 1301 Surf Avenue, asked if the tax rate would be raised, with Belasco explaining the procedure.

PRESIDENT OF COUNCIL ROSENELLO explained that the present public hearing should be limited to comments regarding Ordinance No. 1592 and asked Koch to hold comments about the tax rate until the public portion of the meeting.

The President of Council then asked the Deputy City Clerk if he had received any objections in writing, the Deputy City Clerk stated none, the President of Council declared the hearing closed.

On a motion by Koehler, seconded by McCullion, that Ordinance No. 1592 be passed on its second reading and published according to Law, the roll being called, all voting in the affirmative, the President of Council declared Ordinance No. 1592 duly adopted.

ORDINANCE NO. 1593 - On a motion by Koehler, seconded by Bishop, that Ordinance No. 1593 be placed on its first reading. Carried.

The Deputy City Clerk read Ordinance No. 1593 by its title, known as “An Ordinance Establishing The Date And Time Of The Annual Organization Meeting Of City Council“. The Deputy City Clerk explained the purpose of this ordinance, which is to allow City Council the ability to designate by resolution the date and time of the Annual Reorganization Meeting.

On a motion by Koehler, seconded by McCullion, that Ordinance No. 1593 be passed on its first reading and published according to Law, the Deputy City Clerk called the roll, all voting in the affirmative, the President of Council declared Ordinance No. 1593 passed on its first reading.

REGULAR MEETING APRIL 5, 2011

ORDINANCE NO. 1594 - On a motion by Bishop, seconded by Koehler, that Ordinance No. 1594 be placed on its first reading. Carried.

The Deputy City Clerk read Ordinance No. 1594 by its title, known as “An Ordinance Amending Section 3-24C(8) Of The Code Of The City Of North Wildwood Pertaining To The Duties Of The City Clerk “.

The Deputy City Clerk explained the purpose of this resolution, which is to allow the City Clerk to issue Bingo and Raffle Licenses, provided that proper paperwork and fees have been submitted.

On a motion by Koehler, seconded by Ogen, that Ordinance No. 1594 be passed on its first reading and published according to Law, the Deputy City Clerk called the roll, all voting in the affirmative, the President of Council declared Ordinance No. 1594 passed on its first reading.

FINANCE/VOUCHER LIST:

On a motion by Koehler, seconded by McCullion, authorizing payment of all approved vouchers. Carried, with Ogen abstaining on the payment to Creative Entertainment. As per Resolution #09-10, all bills listed below be paid and warrants drawn by the proper officers for the stated amounts.

CHECK #` DATE VENDOR AMOUNT 29170 3/21/2011 MICHELLE & JOSEPH O'BRIEN $ 4,000.00 29171 3/29/2011 CITY OF NORTH WILDWOOD $ 289.87 29172 4/5/2011 ATLANTIC TIME SYSTEMS, INC. $ 799.00 29173 4/5/2011 AVAYA FINANCIAL SERVICES $ 1,694.23 29174 4/5/2011 AT&T $ 3.20 29175 4/5/2011 AVAYA INC $ 305.30 29176 4/5/2011 AMERICAN PUBLIC WORKS ASSOC $ 156.00 29177 4/5/2011 AT&T $ 122.05 29178 4/5/2011 SEASHORE ASPHALT CORP $ 185.00 29179 4/5/2011 BOB'S AUTO BODY $ 1,104.66 29180 4/5/2011 BILLOWS ELECTRIC SUPPLY $ 54.93 29181 4/5/2011 ANGIE BUCCELLA $ 150.00 29182 4/5/2011 H B CHRISTMAN & SON $ 164.25 29183 4/5/2011 CAPE POWER EQUIPMENT, INC $ 745.71 29184 4/5/2011 CAPRIONI PORTABLE TOILETS $ 143.00 29185 4/5/2011 C.M.C. CHAMBER OF COMMERCE $ 695.00 29186 4/5/2011 CAFIERO AND BALLIETTE $ 6,250.00 29187 4/5/2011 CAPE PROFESSIONAL BILLING, INC $ 1,471.51 29188 4/5/2011 COMCAST $ 395.00 29189 4/5/2011 COMCAST $ 135.01 29190 4/5/2011 CAROLYN COLLIER $ 90.00 29191 4/5/2011 ATLANTIC CITY ELECTRIC $ 18,779.14 29192 4/5/2011 COMCAST $ 76.98 29193 4/5/2011 CREATIVE ENTERTNMENT $ 18,850.00 29194 4/5/2011 COLONIAL ELECTRIC SUPPLY $ 725.37 29195 4/5/2011 CAPE URGENT CARE $ 125.00 29196 4/5/2011 CABRERA PROPERTY MGMT $ 75.00 29197 4/5/2011 DELTA DENTAL PLAN OF NJ $ 8,307.84 29198 4/5/2011 DELL COMPUTER CORP. $ 2,406.24 29199 4/5/2011 DE LAGE LANDEN FINANCIAL SERV $ 3,045.75 29200 4/5/2011 DELL-TECH, INC. $ 48,195.65 29201 4/5/2011 EMERALD SOCIETY OF CMC $ 750.00 29202 4/5/2011 ENVIROSCAPE $ 1,061.00 29203 4/5/2011 FUTURE MINING & RECYCLING, INC $ 234.36 29204 4/5/2011 GRAINGER INDUSTRIES $ 82.58 29205 4/5/2011 GROVE SUPPLY, INC. $ 82.90 29206 4/5/2011 GALLS - (POLICE ACCT) $ 184.00 29207 4/5/2011 HOME DEPOT CREDIT SERVICES $ 503.68 29208 4/5/2011 HEATHCOTE FENCE, LLC $ 125.00 29209 4/5/2011 HANKIN.SANDMAN.PALLADINO $ 3,637.00 29210 4/5/2011 INST. FOR FORENSIC PSYCHOLOGY $ 3,000.00 29211 4/5/2011 JOSHUA MARCUS GROUP LLC $ 145.50 29212 4/5/2011 JERSEY PROFESSIONAL MANAGEMENT $ 1,000.00 29213 4/5/2011 KINDLE FORD $ 59.34 29214 4/5/2011 ICE MACHINE FACTORY $ 2,649.00 29215 4/5/2011 LEADER PRINTERS $ 321.26 29216 4/5/2011 LAWSON PRODUCTS $ 246.46 29217 4/5/2011 LOWE'S BUSINESS ACCOUNT $ 99.91 29218 4/5/2011 LINCOLN FINANCIAL ADVISORS $ 43,154.84 29219 4/5/2011 LIFE SUPPORT SYSTEMS $ 165.12 29220 4/5/2011 LINE SYSTEMS, INC. $ 4,353.81 29221 4/5/2011 MURPHY FENCE CO. INC. $ 3,621.68 29222 4/5/2011 MUNICIPAL EXCESS LIABILITY $ 15,776.15 29223 4/5/2011 M. S. BROWN JEWELERS $ 230.75 29224 4/5/2011 ASG SECURITY $ 180.00 29225 4/5/2011 MUNICIPAL EMERGENCY SERVICES $ 8,681.00 29226 4/5/2011 MC MASTER-CARR SUPPLY CO. $ 63.39 29227 4/5/2011 OFFICE OF NATHAN VAN EMBDEN $ 7,480.00 29228 4/5/2011 MUNICIPAL CODE INSPECTION, INC $ 14,869.80 29229 4/5/2011 JAMIE MULLEN $ 330.00 29230 4/5/2011 NEW JERSEY STATE LEAGUE OF MUN $ 165.00 29231 4/5/2011 CITY OF NORTH WILDWOOD $ 424.00 29232 4/5/2011 NORTHERN TOOL & EQUIPMENT CO. $ 310.31 29233 4/5/2011 NJ DIVISIION OF FIRE SAFETY $ 1,828.00 29234 4/5/2011 NW FIRE CO. #1 $ 1,000.00 29235 4/5/2011 NJ POLICE TRAFFIC OFFICERS ASN $ 35.00 29236 4/5/2011 NJ PUBLIC SAFETY ACCREDITATION $ 300.00 29237 4/5/2011 NATHAN VAN EMBDEN $ 1,555.50 29238 4/5/2011 NJ STATE SAFETY COUNCIL $ 325.00 29239 4/5/2011 NJ MOTOR VEHICLE COMMISSION $ 288.00 29240 4/5/2011 NJ DIV OF PENSIONS & BENEFITS $ 297.36 29241 4/5/2011 OLD DOMINION BRUSH $ 1,080.00 29242 4/5/2011 THE PRESS $ 201.21 29243 4/5/2011 PARAMOUNT SANITARY CHEMICAL CO $ 337.44 29244 4/5/2011 PITNEY BOWES (MUN CLERK-NWW) $ 203.45 29245 4/5/2011 PACE ORTHOPEDICS $ 530.00 29246 4/5/2011 JOSEPH QUATTRONE $ 1,450.00 29247 4/5/2011 RADIO SHACK $ 27.81 29248 4/5/2011 REMINGTON,VERNICK & WALBERG $ 6,108.21 29249 4/5/2011 KATHLEEN C. ROGERS $ 234.58 29250 4/5/2011 RUTGER'S STATE UNIVERSITY $ 2,500.00 29251 4/5/2011 SOUTH JERSEY WELDING $ 328.13 29252 4/5/2011 SOUTH JERSEY AUTO SUPPLY $ 40.19 29253 4/5/2011 SOUTH JERSEY FASTENERS $ 771.82 29254 4/5/2011 SERVICE TIRE TRUCK CENTER $ 1,207.52 29255 4/5/2011 STAGLIANO, DeWEESE AND $ 4,142.96 29256 4/5/2011 STATE TOXICOLOGY LABORATORY $ 460.00 29257 4/5/2011 STEWART BUSINESS SYSTEMS LLC $ 445.00 29258 4/5/2011 STAPLES ADVANTAGE $ 118.49 29259 4/5/2011 TRIAD ASSOCIATES $ 600.00 29260 4/5/2011 TRI-COUNTY ANIMAL CONTROL $ 800.00 29261 4/5/2011 CHRISTINA TAGLIALATELA $ 100.00 29262 4/5/2011 KEVIN TOLAN $ 105.21 29263 4/5/2011 TREASURER, STATE OF NEW JERSEY $ 1,050.00 29264 4/5/2011 TAYLOR OIL COMPANY $ 6,590.05 29265 4/5/2011 VITAL SERVICES GROUP $ 1,422.90 29266 4/5/2011 VINELAND AUTO ELECTRIC, INC. $ 1,417.30 29267 4/5/2011 VERIZON WIRELESS $ 3,499.25 29268 4/5/2011 VERIZON $ 1,625.65 29269 4/5/2011 VENTNOR PRINT SHOP $ 339.00 29270 4/5/2011 VISUAL COMPUTER SOLUTIONS, INC $ 1,064.00 29271 4/5/2011 WEST PAYMENT CENTER $ 142.44 29272 4/5/2011 WILDWOOD BOARD OF EDUCATION $ 50.00 29273 4/5/2011 WASTE MANAGEMENT $ 42,147.60 29274 4/5/2011 HARRY WOZUNK $ 42.40 29275 4/5/2011 WILDWOOD'S BABY PARADE $ 500.00 29276 4/5/2011 WB MASON CO INC $ 718.99 29277 4/5/2011 KELLIE WOOD $ 90.00 29278 4/5/2011 XEROX CORPORATION $ 474.76 29279 4/5/2011 YUCKO'S $ 448.50 29280 4/5/2011 DE LAGE LANDEN PUBLIC FINANCE $ 2,260.00

COUNCIL: COUNCILMAN OGEN welcomed Acting City Administrator Belasco.

COUNCILWOMAN TOLOMEO stated that Belasco did a good job tonight.

COUNCILWOMAN BISHOP welcomed Belasco.

MAYOR HENFEY wished Belasco good luck and stated that Interim Administrator Richard Deaney will begin working on April 18 to help with the transition.

PUBLIC: JIM KOCH, 1301 Surf Avenue, asked for clarification regarding Resolutions # 6 & 7 and stated that game licenses should not be issued until the mercantile license is paid. Koch asked about parking meter rates (Resolution #8) with Rosenello explaining that the rates are not being raised this year. Koch asked about Resolution #10 with Engineer Petrella explaining. Koch asked if there is any more news about the pier at 22nd Avenue, with Rosenello explaining that the developers are currently seeking financing. Koch asked about the pier at 23rd Avenue, with Rosenello explaining that it is a privately owned pier. Koch stated that with the latest census showing the City losing about 20% of its population, the City should be touting itself as a nice place for retirement, but the high taxes are chasing people away. The last mayor left, the last police chief left, the last tax assessor left. EVERETT McCORKELL, 410 E. 13th Avenue, asked if the tax rate will be increasing by 13 cents, with Rosenello explaining that the County Tax Board will not set the rate until later, maybe in June. ED DEAN, 415 E. 13th Avenue, asked about Resolution #14, an Exit Agreement for the City Administrator, with Rosenello explaining that Mr. Townsend will receive payments for unused sick and vacation time and 3 years of single health coverage. MARY LAYRE, 112 Seaview Court, inquired regarding the health benefits in Resolution #15, with Rosenello explaining that this resolution is in conjunction with Mr. Townsend’s Exit Agreement. Layre stated that she has seen signs in other municipalities regarding storm alerts and suggested that North Wildwood obtain similar signs. EVERETT McCORKELL, 410 E. 13th Avenue, stated that some street signs are blowing over with recent heavy winds, and Rosenello asked Public Works Superintendent Wozunk to investigate. ADJOURNMENT: On a motion by McCullion, seconded by Koehler, that there being no further business before Council, we do now adjourn. Carried. 7:36 P.M. APPROVED:

______William J. Henfey - Mayor

ATTEST: ______W. Scott Jett - Deputy City Clerk

This is a generalization of the meeting of April 5, 2011 and not a verbatim transcript.