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Minutes of Commissioners Meeting   -   October 5, 2011

Note:  Complete Meeting Appears on CD #22-11 on File in the Wildwood Crest, NJ Borough Clerk’s Office October 5, 2011
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, 2010.

 

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. 1132

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 9, BICYCLE AND PEDESTRIAN PATH REGULATIONS, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, AND AMENDING ORDINANCE NO. 849 ADOPTED JANUARY 13, 1999

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1132 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 19, 2011 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 1133

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 75, TRAILERS, TEMPORARY DWELLINGS AND STRUCTURES, OF THE CODE OF THE BOROUGH OF WILDWOOD CREST, COUNTY OF CAPE MAY, NEW JERSEY

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 1133 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, October 19, 2011 at 7:00 p.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 631-11

Subject:  Confirming receipt of notice from the City of North Wildwood for the renewal of contract between the City of North Wildwood and Municipal Code Inspection, Inc. to conduct Third Party Inspections on behalf of the City of North Wildwood and the Borough of Wildwood Crest

 

 

WHEREAS, on November 4, 2009, pursuant to Resolution No. 134-09, the Board of Commissioners of the Borough of Wildwood Crest authorized a Shared Services Agreement with the City of North Wildwood in accordance with N.J.S.A. 40A:65-4, et. seq., for the purpose of a shared Municipal Construction Office; and

 

WHEREAS, pursuant to the terms of said Shared Services Agreement, the City of North Wildwood was authorized to act as lead agency for the conduct of said entity; and

 

WHEREAS, the City of North Wildwood, on December 18, 2009, entered into a contract with Municipal Code Inspection, Inc., to serve as a plan review agency with sub-code officials under the State Uniform Construction Code Act on behalf of the City of North Wildwood and the Borough of Wildwood Crest; and

 

WHEREAS, said contract is scheduled to expire on December 31, 2011 unless extended by mutual consent of both for one additional year; and

 

WHEREAS, on September 20, 2011, the City of North Wildwood authorized the exercise of option for a one-year renewal of said contract with Municipal Code Inspection, Inc.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey, do hereby acknowledge and confirm receipt of notice of the one-year extension of contract between the City of North Wildwood and Municipal Code Inspections, Inc. to serve as a plan review agency with sub-code officials on behalf of the City of North Wildwood and the Borough of Wildwood Crest.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 632-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that the Wildwood Crest Police Department, on behalf of the Borough of Wildwood Crest, be and is hereby authorized to accept a grant in the amount of $308,996 from the United States Department of Justice, Office on Violence Against Women for a “FY 2011 Grants to Encourage Arrest Policies and Enforcement of Protection Orders,” with zero match dollars.

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. 633-11

WHEREAS, the intent of the Open Public Meetings Act is to insure that all public business is conducted in an open public forum; and

 

WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest is desirous of complying with both the letter and the intent of the law in this regard; and

 

WHEREAS, e-mails by, between and among members of the governing body which foster, promote or otherwise enable the conduct of public business away from and without public input or disclosure is violative of the Open Public Meetings Act;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, New Jersey, that internal e-mail policy shall be specifically herewith authorized as follows:

 

               1.            E-mail communications shall be provided for informational purposes only and shall not encourage or permit decisions to be made electronically by, between or among two or more members of the governing body.

 

               2.            Intra-departmental e-mails, involving the affected Commissioner, Department Head, Clerk/Administrator and other appropriate members of staff shall be permitted for the conduct of (singular) departmental business only.

 

               3.            “Rolling” e-mail communications involving more than one member of the governing body for other than informational purposes is not permitted and shall be avoided at all cost.

 

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

Vote:          Gould-Cabrera-Yes                                 Groon-No

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 634-11

BE IT RESOLVED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, that the Borough Clerk be and he is hereby authorized, instructed and empowered to advertise Notice to Bidders in the Herald of Cape May County issue of October 12, 2011.

 

Sealed bids will be received by the Purchasing Committee in the Municipal Court Room, Wildwood Crest Borough Hall, 6101 Pacific Avenue, Wildwood Crest, New Jersey, on TUESDAY, OCTOBER 25, 2011 AT 11:00 A.M., prevailing time, for furnishing the items hereinafter set forth in accordance with the Specifications on file in the Borough Hall.  Said items are as follows:

 

2011, OR NEWER, AMBULANCE

 

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. 635-11

WHEREAS, bids have been received in response to advertisement of NOTICE TO BIDDERS published in The Herald of Cape May County issue of September 14, 2011 for the following items:

2011-2013 TRENCH RESTORATION THROUGHOUT THE

BOROUGH OF WILDWOOD CREST AS REQUIRED; and

 

WHEREAS, the Borough Engineer has reviewed the bids submitted, from a technical standpoint and provided an opinion recommending that a contract be awarded to the “lowest responsible bidder;” and

 

WHEREAS, the Solicitor has reviewed the bids submitted and thereby provided a legal opinion recommending that a contract be awarded to the “lowest responsible bidder,” and specifically based upon itemized calculations and amounts for work/materials/equipment, on an individual, per order basis, subject to the “not to exceed” total bid amount as follows:

 

               To LANDBERG CONSTRUCTION, LLC FOR THE TOTAL BID AMOUNT OF $15,744.00;  all of which is further in accordance with the Notice to Bidders, Specifications, Bid Proposal Form and all other related bid documents appertaining to this award;

 

NOW, THEREFORE, 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, as follows:

 

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

 

               2.  That a contract be awarded to the above “lowest responsible bidder,” LANDBERG CONSTRUCTION, LLC, for the above specified item and corresponding (itemized) bid amounts, also set forth in the attached contract, which is made a part hereof by reference as if fully set forth.

 

               3.  That the Commissioner of Revenue and Finance and the Borough Clerk be and they are hereby authorized and directed to execute said contract on behalf of the Borough, provided necessary funds are available as evidenced by the certification of availability of funds below from the Chief Financial Officer, and that adequate funding is ultimately committed by the governing body in the affected contract years.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that the Engineer had provided information regarding the Rambler Road Park Project, Phase 1, which includes “all necessary improvements to the Nesbitt Center, Rambler Road Gazebo and Installation of Building for ADA Compliant bathrooms and bicycle concession rental.” The Clerk indicated that unless the Engineer can obtain certification from the previous lowest responsible bidder to hold his numbers to the initial bid amount, the Phase 1 portion of the project will have to be re-bid. He asked for a motion to re-bid Phase 1 in the event the Engineer cannot obtain such certification.

Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing resolution (#636-11) be adopted.

 

Prior to the vote, Mrs. Gould requested a discussion on the motion. Mr. Groon stated that he did not think he was up-to-date with the Phase 1 plan and indicated he needed more information, particularly with regard to the Nesbitt Center. The Clerk inquired of the Engineer whether the initial Phase 1 included improvements to the Nesbitt Center. He responded that it was an Add Alternate and would not have to be awarded. The Clerk added that should the Engineer not be able to obtain certification from the bidder, the entire project would have to be advertised for bid in the October 12, 2011 edition of the newspaper. The Solicitor interjected that these are the bids that were received on August 31, 2010. The Engineer concurred. Mr. Groon requested that the Clerk repeat the pending motion. The Clerk stated: “Authorize the advertisement of notice to bidders in the Herald edition of October 12, 2011. Sealed bids will be received by the Purchasing Committee in the Municipal Court room on Tuesday, October 25, 2011 at 11:30 a.m. for Rambler Road Park Project, Phase 1, which would be all necessary improvements to Nesbitt Center, Rambler Road Gazebo and installation of building for ADA compliant bathrooms and bicycle concession rental.”

 

Mr. Groon inquired of the Engineer whether there was no more to the project than the building itself. The Engineer responded that Phase 1 strictly dealt with building improvements. The Clerk interjected that if the bids are not put out precisely as before, the Borough would not have the ability to negotiate after the second round of bidding. The Engineer stated that he would like to remove the Nesbitt Center from the bid since it would not be fair to the contractors to ask them to bid on something that was not going to be awarded. The Clerk inquired of the Engineer whether there would be any ability to have Phase 1 awarded and under contract prior to the end of 2011. The Engineer responded that it would not be possible. The Clerk reminded everyone that the grant funds may be lost if the contract is not awarded prior to the end of the year.

 

The Engineer indicated that if the project is put out to bid again the Borough would be facing a significant increase. It was his opinion that the prior lowest bidder, in all likelihood, would hold its bid.

 

There being no further discussion on the matter, the Clerk asked for a roll call vote on the foregoing resolution:

Gould-Cabrera-Groon-Yes

 

Additionally, the Clerk indicated a second resolution (#637-11) for the advertisement of Notice to Bidders in the Herald of Cape May County edition of October 12, 2011 with sealed bids to be received by the Purchasing Committee in the Municipal Court Room on Tuesday, October 25, 2011 at noon for furnishing the following: Rambler Road Park Project, Phase 2, construction of reinforced stamped concrete bikeways and sidewalks, concrete walkways and pavement, concrete curbs, gutters, pavement restoration, site lighting, landscaping and ADA improvements.

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 and which are contained on the following page, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

The Clerk reported that the next item on the agenda was advertised by way of a press release. That matter was the public discussion of consideration of the movement of May elections to November. The Clerk provided documentation to the governing body regarding significantly higher costs involved in the May Municipal Election, as well as vote totals for the November General Election versus the May Municipal Election.

 

Mrs. Gould started the discussion by stating that she is one of the “odd men out” in Cape May County because she is not a registered Republican. She added that to win an election in November and not be a registered Republican is almost impossible. It is easier for a non-Republican to win in the May elections when it is supposed to be non-partisan. She went on to state, however, that it makes sense to pay $1,800 for an election in November as opposed to $20,000 for an election in May every four years. She added that it was her understanding that the municipal elections would be separated on the ballot from the rest of the partisan ballot.

 

Mr. Groon stated that he had spoken to many people regarding the matter, and had received no negative feedback. It was his opinion that if the Borough can save some money by moving the elections to November, it should be done.

 

Mr. Cabrera indicated that in reviewing the voter turn-out for the various elections that it was clear to him that the May elections have dropped in getting voters out, whereas the General elections seem to have more voters coming out. It was his opinion that it would make sense to move the Municipal Elections to November in order to save money, as well as to have a better voter turn-out.

 

The Clerk interjected that there was almost two-to-one in voter turn-out in the General Election as compared to the May Election in 2009; there were 1,204 votes cast in the General Election representing 49.7% of the total registered voters, and 671 in the May election representing 27.4% of the total registered voters. He added that the additional cost for the May election was approximately $18,000.

 

The Clerk reminded those present that this was simply a public forum for discussion of the matter, and there was a second public forum scheduled for October 19, 2011 at 7:00 p.m.

 

Patricia Hall, 6610 Atlantic Avenue, stated that she was confused regarding the matter. It was her opinion that the election process be a two party system. She asked Mrs. Gould for clarification of her statement that May is better for non-Republicans. Mrs. Gould responded that the May elections are supposed to be non-partisan with no party affiliation for the candidates. The Clerk interjected that the Borough’s charter states that Wildwood Crest is a non-partisan form of government.

 

Mrs. Hall then inquired as to the reference to saving money for the taxpayers. Mrs. Gould responded that it would save the taxpayers approximately $18,000 every four years.

 

There were no further public comments regarding movement of May elections to November.

 

With regard to the borough Memorial Bench Policy, the Clerk reported that Mr. Cabrera and the Public Works Superintendent were in the process of drafting a policy to be presented to the governing body for their consideration.

 

The Clerk reported that the Engineer had provided a copy of the CAFRA permit received from the DEP, and it had provided to the governing body. He indicated that the changes with regard to the parking lot may cause that to be removed from the project based upon the conditions attached to the permit. Mr. Groon stated that it would have to be discussed in order to make a final determination. He specifically questioned Condition No. 9 contained in the permit. The Clerk stated that Condition No. 9 stated that the parking lot would have to be open to the public twenty-four hours per day, seven days per week, year around. Mr. Cabrera stated that it was his understanding that Condition No. 9 related to the Nesbitt Center parking area. The Engineer indicated that he was not aware that that condition was being included, but he received a call recently from DEP Land Use in which they expressed concern that the Borough was eliminating parking from an existing project. It was the Engineer’s opinion that Condition No. 9 pertains to parking restrictions at the Nesbitt Center; however, they would want the same stipulation on any new parking area. Mr. Cabrera questioned whether an amendment would be required to the permit if the parking area was included in the project. The Engineer responded in the affirmative. It was Mr. Cabrera’s opinion that the governing body consider not doing any parking at all and let the project be built. Parking can be added at a later time. The Engineer stated that his cost estimates for the parking area were cost prohibitive in any event. Mr. Groon agreed with Mr. Cabrera’s assessment. He added that he would suggest an alternate of matching the landscaping with that of Centennial Park.

 

Concerning the boardwalk/bike path connector project, the Clerk reported that the project was on hold pending completion of the funding mechanism through the City of Wildwood.

 

With regard to the Dune Maintenance bid process, the Clerk reported that the matter would be held in abeyance pending completion of plans by Mr. Cabrera and the Public Works Superintendent to do much of the work in-house.

 

The Clerk reported that the current tenant of the Crest Pier Store No. 4 has requested an additional three months beyond the December 31, 2011 termination date in order to make arrangements for an adequate site for relocation. He asked that governing body if there was any interest in extending the term of the lease for the requested three months, or any other length of time. Mrs. Gould stated that the tenant had been given notice of the termination date over one year ago. Mr. Cabrera stated that the governing body had scheduled the lease to expire at the end of 2011 because plans were being made to utilize the space for other purposes. He added that the plans have not come to fruition. He stated that he did not have a problem in permitting an additional three months. Mr. Groon agreed. The Clerk indicated that he would research the matter with the Solicitor to determine whether the lease can be extended or if it would have to go through the bid process. Mrs. Gould asked if the Crest Pier roof renovations would impact that store. The response was in the affirmative. Mr. Groon indicated that he had spoken to the tenant who understand and agreed that there would be some inconvenience. Mrs. Gould expressed concern about the safety of the tenant’s clientele during the construction process. Mr. Groon responded that the construction was scheduled to commence during the term of the lease without the extension so the risk was always there. He added that the extra three months was to give her time to find another location.

 

Patricia Hall, 6610 Atlantic Avenue, inquired regarding the situation with the library and asked when the relocation would take place and would there be parking available. Mr. Groon responded that the library is expected to be finished by March of 2013. With regard to parking, he indicated that there will be a new parking design in front, but the final plans are not complete. He added that the County is doing the project. The Clerk interjected that the County Library Director indicated to him that any preliminary plans for building design or parking would be provided to the governing body for consideration prior to anything being initiated. Mrs. Hall asked if there were any designs for the public to review. She was advised that there were not any such plans as yet. Mr. Groon added that the purchase process had only been completed within the past two months. Mrs. Hall stated that it was her hope that the County would feel the need to make the building more beautiful for Wildwood Crest.

 

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

RESOLUTION NO. 638-11

A RESOLUTION PROVIDING FOR A CLOSED SESSION NOT OPEN

TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS

OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT,

N.J.S.A. 10:4-12

 

 

 

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that a closed session may be held for certain specified purposes when authorized by Resolution adopted by the governing body; and

 

WHEREAS, it is necessary for the Board of Commissioners of the Borough of Wildwood Crest to discuss in a session not open to the public certain matters relating to the item or items authorized by N.J.S.A. 10:4-12b and designated hereinbelow:

 

_____(1)   Matters Required by Law to be Confidential:  Any matter which, by express provision of Federal Law or State Statute or rule of court shall be rendered confidential or excluded from the provisions of the Open Public Meetings Act.

 

_____(2)  Matters Where the Release of Information Would Impair the Right to Receive Funds:  Any matter in which the release of information would impair, restrict, or otherwise adversely affect a right to receive funds from the Government of the United States and/or the State of New Jersey.

 

_____(3)  Matters Involving Individual Privacy:  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, custodian, 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 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.

 

_____(4)  Matters Relating to Collective Bargaining Agreements:  Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement including the negotiation of the terms and conditions thereof with employees or representatives or employees of the public body.

 

__X__(5)  Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds:  Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

 

 

_____(6)  Matters Relating to Public Safety and Property:  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.

 

_____(7)  Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:  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.

 

_____(8)  Matters Relating to the Employment Relationship:  Any matter involving the employment, appointment, termination or employment, evaluation of the performance or 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 the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting.

 

_____(9)  Matters Relating to the Potential Imposition of a Penalty:  Any deliberations of a public body occurring after a public hearing or public portion of a meeting 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.

 

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 date set forth hereinbelow, that a closed session shall be held on 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.

 

The Clerk indicated that the purpose of the closed session was the potential acquisition of lands, specifically the Ranalli property, in Lower Township.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

Upon returning from closed session, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 639-11

WHEREAS, there exists the need for the “Professional Services” of an APPRAISER, to be retained by the Borough for the performance of estimating the market value of property located at 9300 Bayview Drive, Lower Township, New Jersey, a/k/a Block 820, Lot 2.06 on the Official Tax Map of the Township of Lower and related duties associated 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.

 

         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 JAMES HANSON ASSOCIATES, who shall be compensated by voucher at the agreed upon rate, 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 Appraiser 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.

 

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

Vote:          Gould-Cabrera-Groon-Yes

 

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:        October 19, 2011


Kevin M. Yecco, Borough Clerk

   

MINUTES OF MEETINGS INDEX