TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Absent
Richard Palombo Present
Also present were Deputy Municipal Clerk Barbara Spiegel, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - June 25, 2007 Regular Meeting and
Motion was made by Curtis Corson, second by Barbara Camp to approve the Minutes as written. During roll call vote all four Committee members present voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Barbara Camp, reported that the Cape May County MUA has sent the Township a check for $229,537.44 for our host community benefit from January 1 to June 30, 2007.
Richard Palombo, Mayor, thanked Pat Garbutt for her expertise in the contract negotiations they were involved with for health insurance. For the third straight year, the Township has had a zero increase in premiums. He acknowledged her hard work on the matter.
He also discussed an email he received regarding the middle turn lane as you come off Exit 25 on the Garden State Parkway. The Upper Township welcome sign is a sight barrier for traffic in that lane. The problem may be that the sign was relocated after the parking lot was reconstructed. Curtis Corson suggested moving the sign. It was also discussed to speak with Mrs. Broadley before the sign is moved because she takes care of the flowers there.
In addition, he discussed a letter received from South Jersey Gas regarding disconnection of power. The Clerk’s Office was instructed to process the matter as has been done in the past.
Rich also discussed a letter he received from Steve Becotte with regard to his request that Committeeman Jay Newman perform his marriage ceremony on September 7. Attorney Dan Young advised that a Mayor or Deputy Mayor must perform the ceremony. Mr. Young will look at the statute and advise further.
Rich reported that a conflict has developed with the scheduled August 13 Township Committee regular meeting. It was discussed that any ordinances with a Public Hearing date of 8/13 would have to be republished with the new date. Motion was made by Rich Palombo, second by Curtis Corson to move the meeting to August 6. During roll call vote all four Committee members present voted in the affirmative.
Daniel Young, Municipal Attorney, reported that the state sales tax was repealed effective July 1 on membership fees charged by a municipality, which means that the Recreation Department fees from July 1 on would not have to include sales tax. Our recently adopted fee ordinance does not address sales tax, it states the fees as they are without the tax.
Mr. Young also reported on the Supreme Court interim ruling regarding COAH. The builder’s remedy suits are stayed. Also the challenges to the growth share ordinances are stayed. COAH has until the end of the year to adopt new regulations.
Paul Dietrich, Municipal Engineer, reported on a sample letter to residents informing them of the upcoming paving project. Work will begin late August/early September.
Mr. Dietrich also reported that the Planning Board has had several hearings regarding the Master Plan reexamination. Several changes were recommended to the plan. Mr. Dietrich has provided the Township Committee with a draft copy of the plan that will go back to the Planning Board on July 19 for finalization before coming to Township Committee for its review. In addition, the Township has received $50,000 in grant funds to further study design guidelines for our town centers. Mr. Dietrich anticipates getting additional public input from businesses to refine the plan.
Mayor Palombo added that the Township has heard from the State with regard to the proposed land swap with the school for assisted living for the elderly. The amount of units that were proposed by the Township may not be feasible so it was suggested that the Township consider multi-unit family complex and that may not be amicable with the School Board because of the negative impact on the school.
Mr. Dietrich reported that the Public Works Department completed a drainage inlet project at the corner of Prescott and Bayview to relieve flooding in that area. The last permanent speed hump on Bayview Drive was also completed.
PRESENTATION
1. Honor Zachary D. Nickerson on attaining the designation of “Eagle Scout”.
The Township Committee presented Zachary Nickerson with a laminated copy of the resolution congratulating him on this accomplishment and his project of building footbridges over swampy areas at the Belleplain State Forest.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RE: HONORING ZACHARY D. NICKERSON ON ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS, Zachary D. Nickerson, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; and
WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
RESOLVED THAT this Township Committee extends its sincere congratulations to Zachary on the occasion of his receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Zachary’s parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 11th day of June, 2007.
Resolution No. 120-2007
Offered by: Camp, Seconded by: Newman
Adopted: June 11, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x____ ________ __________ __________
Conrad ____x____ ________ __________ __________
Corson ____x____ ________ __________ __________
Newman ____x____ ________ __________ __________
Palombo ____x____ ________ __________ _________
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 147-2007
RE: AUTHORIZING THE UPPER TOWNSHIP RESCUE SQUAD TO USE AMANDA’S FIELD RECREATION COMPLEX IN PETERSBURG, NEW JERSEY
ON JULY 14 AND 15, 2007 TO HOLD A CIRCUS
____________________________________________________________
WHEREAS, the Upper Township Rescue Squad, a non-profit corporation providing emergency rescue services, has submitted a letter to the Upper Township Committee requesting authorization to use Amanda’s Field Recreation Complex in Petersburg, New Jersey on July 14 and 15, 2007 to hold a circus, as more particularly specified in their letter, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Upper Township Rescue Squad has entered into an agreement with the Alain Zerbini Circus, Inc. d/b/a Zerbini Circus for the proposed event; and
WHEREAS, the Upper Township Rescue Squad has represented that approvals shall be obtained from the New Jersey State Police and the New Jersey Division of Fire Safety and any all other governmental agencies or entities having any jurisdiction or interest in the event.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee does hereby grant approval to the Upper Township Rescue Squad to use Amanda’s Field Recreation Complex in Petersburg, New Jersey on July 14 and 15, 2007 to hold a circus as specified in this Resolution and in the accompanying Exhibit A subject to and conditioned upon the following:
(A) The event described in this Resolution is carried out by the Upper Township Rescue Squad and the Alain Zerbini Circus, Inc. d/b/a Zerbini Circus. These sponsors shall not, in any way, directly or indirectly, represent that the circus is, in any way, associated with or affiliated with the Township of Upper and shall make clear that the event is carried out with all appropriate governmental and other approvals. Although the Township of Upper has given permission, subject to the terms of this Resolution, to these event sponsors to conduct the proposed circus, it must be made clear that the event is not and shall not be considered a Township of Upper sponsored or sanctioned event.
(B) The Upper Township Rescue Squad and the Alain Zerbini Circus, Inc. d/b/a Zerbini Circus must provide general comprehensive liability insurance in form and substance satisfactory to the Township of Upper’s Risk Management Consultant. Said insurance shall also include liability coverage for at least $1,000,000.00 per occurrence for the operation of the moonbounce and slide inflatables. A Certificate of Insurance shall be provided to the Township Clerk no later than July 10, 2007, which Certificate of Insurance must be approved by the Risk Management Consultant of the Township of Upper. Said Certificate of Insurance shall name the Township of Upper, its officials, officers and employees, as an additional insured.
(C) The Upper Township Rescue Squad and the Alain Zerbini Circus, Inc. d/b/a Zerbini Circus, the event sponsors, must obtain written approval from and comply with all conditions imposed by the following entities:
(i) the Risk Management Consultant of the Township of Upper.
(ii) the New Jersey State Police.
(iii) the New Jersey Division of Fire Safety of the Department of Community Affairs.
The event sponsors must provide written authorization from the above entities, including any conditions required of said entities, to the Township Clerk on or before July 10, 2007.
(D) The Upper Township Rescue Squad must execute an Indemnification and Hold Harmless Agreement in favor of the Township of Upper, its officials, officers and employees in the form attached hereto as Exhibit B.
(E) The approval granted herein is subject to all conditions and stipulations as may be recommended or imposed by the Township’s Risk Management Consultant or insurance representatives. The Township may revoke this approval if the event sponsors fail to comply with any said condition or recommendation or any other condition of this Resolution.
3. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 147 -2007
Offered by: Conrad Seconded by: Corson
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X________ __________ __________ __________
Conrad ___X________ __________ __________ __________
Corson ___X________ __________ __________ __________
Newman ___________ __________ __________ ____X_____
Palombo ___X________ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 148-2007
RE: URGING THE NEW JERSEY STATE LEGISLATURE TO PLACE FUNDING FOR A GYPSY MOTH CONTROL PROGRAM OUTSIDE THE MUNICIPAL BUDGET CAP
________________________________________________________________
WHEREAS, the gypsy moth, Lymantria dispar, has been found heavily defoliating tree and plant growth in the Township of Upper; and
WHEREAS, destruction of foliage has resulted in the loss of valuable forest lands and trees and may result in additional loss of valuable lands and trees; and
WHEREAS, the Township Committee of the Township of Upper has determined that a gypsy moth control program needs to be instituted for public welfare but finds it increasingly difficult to meet the needs and honor the wishes of local property taxpayers as well as deal with current fiscal stresses of municipal budget cap regulations with which they have no control.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby urges the New Jersey State Legislature to place any funding for a gypsy moth control program outside the municipal budget cap therefore enabling local municipalities to provide appropriate flexibility to help meet citizen needs for high quality public programs and services.
3. Copies of this Resolution shall be provided to Governor Jon Corzine, Commissioner of the Department of Community Affairs, Secretary of the Department of Agriculture, First District State Legislators and all Cape May, Atlantic and Cumberland County municipalities.
Resolution No. 148-2007
Offered by: Corson Seconded by: Camp
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____X_______ __________ __________ __________
Conrad ____X_______ __________ __________ __________
Corson ____X_______ __________ __________ __________
Newman ___________ __________ __________ ___X_______
Palombo ____X_______ __________ __________ __________
5. Confirming Sale of Certain Land to wit: Block 625, Lots 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34 to Warren Scott Georgetti and Kimberley Ann Georgetti.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 149-2007
RE: CONFIRMING SALE OF CERTAIN LAND
TO WIT: BLOCK 625, LOTS 1,2,5,6,7,8,26,27,28,29,30,32,33 AND 34
TO WARREN SCOTT GEORGETTI AND KIMBERLEY ANN GEORGETTI
____________________________________________________________________________
WHEREAS, the Township of Upper has authorized the sale of Township owned real property commonly known as Block 625, Lots 1,2,5,6,7,8,26,27,28,29,30,32,33, and 34 to the only contiguous owners thereto, Warren Scott Georgetti and Kimberley Ann Georgetti, pursuant to Ordinance No. 005-2007; and
WHEREAS, Warren Scott Georgetti and Kimberley Ann Georgetti have executed an agreement pursuant to Ordinance No. 005-2007 for the purchase of said real property from the Township of Upper; and
WHEREAS, the Township Committee of the Township of Upper is satisfied that all conditions precedent were complied with and that said sale has been conducted in accordance with the requirements of the Ordinance aforesaid; and
WHEREAS, the Township Committee believes that it is in the public interest to confirm the sale of such parcels.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The sale of Block 625, Lots 1,2,5,6,7,8,26,27,28,29,30,32,33 and 34 to Warren Scott Georgetti and Kimberley Ann Georgetti at a sale price of $49,000.00 is hereby confirmed under and subject to the terms, conditions and provisions of Ordinance No. 005-2007 and further subject to and conditioned upon the purchasers compliance with said Ordinance.
3. The Mayor and Township Clerk are hereby authorized, directed and empowered to execute and deliver, on behalf of the Township of Upper, to the aforesaid purchaser, a Quitclaim Deed conveying the Township’s right, title and interest in the above described property and the Township Clerk is further authorized, directed and empowered to seal the Deed with the official seal of the Township of Upper
Resolution No. 149-2007
Offered by: Corson Seconded by:Camp
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x______ __________ __________ __________
Conrad ___x______ __________ __________ __________
Corson ___x______ __________ __________ __________
Newman ___________ __________ __________ ____X_____
Palombo ___x_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 150-2007
RE: REJECTING ALL BIDS RECEIVED FOR THE FURNISHING AND DELIVERY
OF 2007 OR NEWER VEHICLES & EQUIPMENT
AND AUTHORIZING THE TOWNSHIP TO RE-ADVERTISE FOR BIDS
___________________________________________________________________
WHEREAS, the Township of Upper solicited bids for 2007 or newer vehicles and equipment; and
WHEREAS, bids were submitted from two companies; and
WHEREAS, the Township Committee has determined to reject all bids heretofore received and to authorize a new advertisement for bids; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. All bids for the furnishing and delivery of 2007 or newer vehicles and equipment which bids were received on June 20, 2007, are hereby rejected.
3. The Township Engineer and other duly authorized Township officers are hereby authorized to revise the bid specifications and thereafter re-advertise for bids.
Resolution No. 150-2007
Offered by:Camp Seconded by:Conrad
Adopted: July 9,2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x______ __________ __________ _________
Conrad ___x______ __________ __________ _________
Corson ___x______ __________ __________ _________
Newman _________ __________ __________ ____x____
Palombo ___x______ __________ __________ _________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 151-2007
RE: CANCELING THE REQUEST FOR BIDS AND AUTHORIZING A
NEW REQUEST FOR BIDS FOR THE FURNISHING AND DELIVERY OF
2007 OR NEWER RESCUE SQUAD VEHICLE.
___________________________________________________________________
WHEREAS, the Township of Upper solicited bids for a 2007 or Newer Rescue Squad Vehicle; and
WHEREAS, the Township Committee discovered deficiencies in the bid specifications; and
WHEREAS, a bid was submitted from only one company which was not opened due to the deficiency in the specifications; and
WHEREAS, the Township Committee desires to cancel the request for bids due to the deficiency in the specifications; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The previous request for bids for the Rescue Squad Vehicle is hereby cancelled.
3. The Township Engineer and other duly authorized Township officers are hereby authorized to revise the bid specifications and thereafter re-advertise for bids.
Resolution No. 151-2007
Offered by:Corson Seconded by:Camp
Adopted: July 9,2007
oll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x______ __________ __________ _________
Conrad ___x______ __________ __________ _________
Corson ___x______ __________ __________ _________
Newman _________ __________ __________ _____x___
Palombo ___x______ __________ __________ _________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 152 –2007
RE: ACCEPTING THE BID OF AND AUTHORIZING THE
EXECUTION OF A CONTRACT WITH J.L. ELECTRICAL CONTRACTING, INC.
OF ATCO, NEW JERSEY
FOR THE 2007 EMERGENCY GENERATOR SET,
AT A COST OF $44,800.00
_______________________________________________________________
WHEREAS, the Township of Upper solicited bids for a 2007 Emergency Generator Set, which bids were received on June 20, 2007; and
WHEREAS, the aforesaid bids were thereafter reviewed by the Township Engineer; and
WHEREAS, the Township Engineer has submitted a recommendation to the Township Committee with respect to the award of said bids; and
WHEREAS, the Chief Financial Officer of the Township of Upper has certified the availability of funds attached hereto as “Exhibit A” in a sufficient amount to award a contract for $44,800.00 the line item appropriations to which the contract will be charged is Account Number 7-01-44-900-679-611; and
WHEREAS, the Township intends to take formal action awarding the bid to the lowest responsible bidder as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby accepts the bid submitted by J.L. Contracting, Inc. of 445 Raritan Avenue, Atco, New Jersey 08004, for the following item:
Emergency Generator Set $44,800.00
And subject to the following:
(A) The Bidder shall comply with all Bid Documents, including the Notice to Bidders, all of which are hereby incorporated herein by this reference.
(B) The Contract to be entered into must comply in all respects with applicable federal, state and local laws and regulations.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder and/or the Chief Financial Officer is hereby authorized, directed and empowered to issue a Purchase Order to the successful bidder in the amount authorized in this Resolution.
Resolution No. 152-2007
Offered by:Conrad Seconded by:Camp
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ __________
Conrad ____x_____ __________ __________ __________
Corson ____x_____ __________ __________ __________
Newman __________ __________ __________ ____x_____
Palombo ____x_____ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 153-2007
RE: ACCEPTING THE PROPOSAL OF AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH CAPE PROFESSIONAL BILLING OF CAPE MAY COURT HOUSE, NEW JERSEY FOR EMERGENCY MEDICAL BILLING SERVICES
AT A FEE OF 7.5% OF CASH RECEIVED
________________________________________________________________
WHEREAS, the Township of Upper solicited quotations for emergency medical billing services, which bids were received on June 21, 2007; and
WHEREAS, the aforesaid quotations were thereafter reviewed by the Township Engineer; and
WHEREAS, the Township intends to take formal action awarding the quotation to the lowest responsible bidder as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby accepts the quotation submitted by Cape Professional Billing of P.O. Box 670, Cape May Court House, New Jersey 08210, for emergency medical billing services, at a fee of 7.5% of cash received, subject to the following:
(A) The Bidder shall comply with all quotation documents, all of which are hereby incorporated herein by this reference.
(B) The Contract to be entered into must comply in all respects with applicable federal, state and local laws and regulations.
(C) The Bidder has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder in the amount authorized in this Resolution.
Resolution No. 153-2007
Offered by: Corson Seconded by: Camp
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____x______ __________ __________ __________
Conrad _____x______ __________ __________ __________
Corson _____x______ __________ __________ __________
Newman ___________ __________ __________ ____x______
Palombo _____x______ __________ __________ __________
10. Appointment of Frank L. Corrado, Attorney at Law, to Act as Special Legal Counsel.
Mayor Rich Palombo and Attorney Dan Young explained that this Resolution is for possible litigation before the Planning Board with regard to the Strathmere de-annexation matter. Case law states that it is a conflict of interest for the regular municipal attorney to appear before the Planning Board and present the municipality’s case and then when it comes back to the Township Committee to again represent the Township Committee.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 154 -2007
RE: APPOINTMENT OF FRANK L. CORRADO, ATTORNEY AT LAW,
TO ACT AS SPECIAL LEGAL COUNSEL
____________________________________________________________________________
WHEREAS, the Township requires Special Legal Counsel to represent the Township before the Upper Township Planning Board regarding a possible petition seeking the de-annexation of the Strathmere section of the Township and related issues; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, the Township Committee of the Township of Upper desires to appoint Frank L. Corrado, Attorney at Law, as said Special Legal Counsel; and
WHEREAS, Frank L. Corrado has completed and submitted a Business Entity Disclosure Certification which certifies that Frank L. Corrado has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit him from making any reportable contributions through the term of the contract; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Frank L. Corrado, Attorney at Law, with offices at 2700 Pacific Avenue, Wildwood, New Jersey is hereby appointed Special Legal Counsel to represent the Township of Upper before the Upper Township Planning Board with respect to any petition for de-annexation of the Strathmere section of the Township as well as in other matters as directed by the Township Committee.
3. This contract shall continue for the length of time necessary for completion of the aforesaid legal services, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Frank L. Corrado has professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Frank L. Corrado, Attorney at Law, for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
5. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Frank L. Corrado, Attorney at Law in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be effective as of adoption.
Resolution No. 154 -2007
Offered by: Camp Seconded by: Conrad
Adopted: July 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x__ ____ ___ ____
Conrad __x__ ____ ____ ____
Corson __x__ ____ ____ ____
Newman ____ ____ ____ __x__
Palombo __x__ ____ ____ ____
11. Public Hearing and Final Adoption of Ordinance No. 012-2007 Re: Bond Ordinance providing for acquisition of an ambulance by the Township of Upper, in the County of Cape May, New Jersey appropriating $190,000.00 therefore and authorizing the issuance of $180,500.00 bonds or notes of the Township of Upper to finance part of the cost thereof.
There were no speakers during the Public Comment section of the hearing. Curtis Corson explained that this ordinance would enable the Township to borrow interest-free money from itself to pay for the ambulance over a period of four years. Motion to adopt the ordinance was made by Curtis Corson, second by Barbara Camp with all four Committee members present voting in the affirmative.
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 012-2007
RE: BOND ORDINANCE PROVIDING FOR ACQUISITION OF AN AMBULANCE BY THE TOWNSHIP OF UPPER, IN THE COUNTY OF CAPE MAY, NEW JERSEY APPROPRIATING $190,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $180,500.00 BONDS OR NOTES OF THE TOWNSHIP OF UPPER TO FINANCE PART OF THE COST THEREOF
___________________________________________________________________________
BE IT ORDAINED by the Township Committee, in the Township of Upper, County of Cape May and State of New Jersey, as follows:
SECTION 1. The improvement described in Section 3 of this Bond Ordinance is hereby authorized to be undertaken by the Township of Upper, New Jersey as a general improvement. For the improvement or purpose described in Section 3, there is hereby appropriated the sum of $190,000.00 including the sum of $9,500.00 as the down payment required by the Local Bond Law. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.
SECTION 2. In order to finance the cost of the improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $180,500.00 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.
SECTION 3.
(a) The improvement hereby authorized and the purpose of the financing of which the bonds are to be issued is for the acquisition of a new ambulance including all related costs and expenditures incidental thereto.
(b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof.
(c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefore.
SECTION 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this Bond Ordinance and the chief financial officers signature upon the notes shall be conclusive as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.
SECTION 5. The capital budget of the Township of Upper is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available therefor public inspection.
SECTION 6. The following addition matters are hereby determined, declared, recited and stated:
(a) The improvement or purpose described in Section 3 of this Bond Ordinance is not a current expense. It is an improvement or purpose that the Township of Upper may lawfully undertake as a general improvement and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.
(b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this Bond Ordinance is five years.
(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this Bond Ordinance by $180,500.00 and the obligations authorized herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $20,000.00 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement.
SECTION 7. Any grant monies received for the purpose described in Section 3 hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this Bond Ordinance. The amount of obligation authorized but not issued hereunder shall be reduced to the extent that such funds are so used.
SECTION 8. The chief financial officer of the Township of Upper is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the Rule) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.
SECTION 9. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this Bond Ordinance. The obligation shall be direct, unlimited obligations of the Township.
SECTION 10. REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION 11: SEVERABILITY: If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.
SECTION 12: EFFECTIVE DATE: This Bond Ordinance shall take effect 20 days after the first publication thereof after final adoption as provided by the Local Bond Law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 11th OF June, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 9th DAY OF July, 2007 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
CORRESPONDENCE
NEW BUSINESS
12. Upper Township School Board; request for assistance with Middle School grounds maintenance.
The school is experiencing a problem trailering a mower obtained by the Township to the Middle School for grounds maintenance. Municipal Engineer Paul Dietrich will speak to Recreation Director Brenda Layton to ascertain the amount of time it would take the Township for grounds maintenance. The matter was tabled to a future date.
13. Dr. Rita C. Schiavo Memorial Library; request to waive Planning Board and Construction Office fees.
The status of the library was discussed in that it will be open to the public. Motion to waive all fees that can be legally waived and to obtain a copy of the tax-exempt status made by Rich Palombo, second by Curtis Corson with all four Committee members present voting in the affirmative.
14. Request for reimbursement of property taxes to a totally disabled Veteran from the effective date of residency in New Jersey for Lot 337.11, Block 453.10 on the Municipal Tax Map.
Motion to reimburse for all eligible property taxes made by Curtis Corson, second by Barbara Camp with all four Committee members present voting in the affirmative.
UNFINISHED BUSINESS:
PAYMENT OF BILLS:
“I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.”
Motion by Barbara Camp, second by Curtis Corson to approve all bills submitted for payment. During roll call vote all four Committee members present voted in the affirmative.
Bills submitted for payment: $203,401.42
Payroll: $186,086.86
Reports are available for inspection from the Clerk’s Office.
PUBLIC COMMENT
There were no speakers during Public Comment.
CLOSED SESSION
Motion by Curtis Corson, second by Rich Palombo to close the public portion of the meeting and go into an executive session. During roll call vote all four Committee members present voted in the affirmative.
Motion was made by Richard Palombo, second by Curtis Corson to hire Daniel Opperman, Mark Barham, John Hemby, Matthew Steinthal and Kassey Argenbright as part-time EMT’s. During roll call vote all four Committee members present voted in the affirmative.
Motion was made by Richard Palombo, second by Curtis Corson to pay Roy Shone out of title pay while training for another title. During roll call vote all four Committee members present voted in the affirmative.
ADJOURNMENT
There being no further business this evening the meeting was adjourned at 9:15 P.M. Next meeting to be July 23, 2007 at 4:00 P.M.
Barbara A. Spiegel, RMC
Deputy Municipal Clerk
043890 07/09/07 A0004 A+ COMMERCIAL OFFICE CLEANERS 250.00
043891 07/09/07 A0006 ADVANCE TREADS INC 762.00
043892 07/09/07 A0017 A.C.M. JIF C/O T. FREEDMAN 71,866.00
043893 07/09/07 A0018 ACTION SUPPLY INC. 33.88
043894 07/09/07 A0020 ACU-THERM SUPPLY CO.,INC. 39.21
043895 07/09/07 A0025 ADVANTAGE RENTAL ACE HARDWARE 1,321.43
043896 07/09/07 A0028 ADVANTAGE RENTAL CENTER INC. 355.06
043897 07/09/07 A0030 AFTER-PROM COMMITTEE OCHS 4,475.00
043898 07/09/07 A0091 ATLANTIC CITY ELECTRIC 17,451.89
043899 07/09/07 B0035 BELMONT & CRYSTAL SPRINGS 24.59
043900 07/09/07 B0052 BENNETT BATTERIES,LLC. 153.80
043901 07/09/07 B0064 BOOTH, RYAN 105.00
043902 07/09/07 B0098 BREATHE SAFE FIRE & SAFETY 71.00
043903 07/09/07 B0104 BRUNETTI,WALTER,SR. 430.00
043904 07/09/07 B0160 BONNER, ROSEMARY 38.80
043905 07/09/07 B0163 BARUFFI, CHRIS 15.00
043906 07/09/07 C0030 CAMP, BARBARA 16.00
043907 07/09/07 C0042 CAMPBELL FREIGHTLINER, LLC 12,944.36
043908 07/09/07 C0046 CAPE MAY COUNTY CLERK 3,931.98
043909 07/09/07 C0048 CAPE MAY COUNTY MUA 32,683.00
043910 07/09/07 C0072 CATERINA SUPPLY INC. 6,562.25
043911 07/09/07 C0174 COSTANZO,TONY 745.00
043912 07/09/07 C0181 COSTANZO, ALEX 75.00
043913 07/09/07 D0016 DALEY,FREDERICK T/A DALEYS PIT 1,040.00
043914 07/09/07 D0054 DiNARDO, BRUCE 320.00
043915 07/09/07 D0077 DIETRICH,PAUL 150.00
043916 07/09/07 D0096 DELL MARKETING L.P. 3,144.04
043917 07/09/07 E0012 EHRLICH PEST CONTROL 136.00
043918 07/09/07 E0030 EXECUTIVE BUSINESS PRODUCTS 1,742.81
043919 07/09/07 F0048 FOGG, LESLIE INC. 10.37
043920 07/09/07 F0054 FORT DEARBORN LIFE INSURANCE 596.79
043921 07/09/07 G0002 GAGLIONE, WANDA 115.98
043922 07/09/07 G0015 GALL'S INC. 79.94
043923 07/09/07 G0025 GARDEN SCENTS FLORISTS 279.25
043924 07/09/07 G0028 GENTILINI FORD 148.46
043925 07/09/07 G0040 GIBSON ASSOCIATES,P.A. 2,950.00
043926 07/09/07 H0002 H.A. DEHART & SON CORP. 2,047.20
043927 07/09/07 H0018 HAROLD RUBIN/L & H SUPPLY 418.20
043928 07/09/07 H0054 HOFFMANN,WILLIAM 12.40
043929 07/09/07 H0068 HOGAN, LUKE 15.00
043930 07/09/07 I0002 IAAO MEMBERSHIP 87.50
043931 07/09/07 I0019 INTERNATIONAL CODE COUNCIL,INC 174.50
043932 07/09/07 J0014 JC MILLER CO. 223.59
043933 07/09/07 J0033 JANKOWSKI,MATTHEW 400.00
043934 07/09/07 J0039 JOHNSON & TOWER INC. 170.00
043935 07/09/07 K0034 KOHLER, CLAUDE JR. 12.00
043936 07/09/07 L0075 LEXISNEXIS T/A MATTHEW BENDER 62.70
043937 07/09/07 M0042 MARTURANO RECREATION CO. INC. 2,580.60
043938 07/09/07 M0059 MCDANIELS, WILLIAM J. III 284.26
043939 07/09/07 M0076 MGL PRINTING SOLUTIONS 1,415.63
043940 07/09/07 M0181 MEYERS, ANDREW 60.00
043941 07/09/07 M0182 MC COY, MATT 30.00
043942 07/09/07 M0183 MURPHY, RYAN 90.00
043943 07/09/07 N0004 NJ-AMERICAN WATER CO. 104.91
043944 07/09/07 N0033 NEVILLE, DAVID 105.00
043945 07/09/07 N0034 NICHOLAS, KEN 410.00