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 Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - February 26, 2007, Regular Meeting and
Closed Session Minutes
Moved by Jay Newman, second by Barbara Camp to approve the Minutes as written. During roll call vote all five Committee members voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, reported that 103 animals were inoculated at the second Free Rabies Clinic held on March 10, 2007.
He received a request from the Antique Outboard Motor Boating Club to use the Tuckahoe beach area on April 21, 2007. Michael Kane, also a member of Shoreline Railroad Club made the request. He will provide an insurance certificate, show proof of non-profit status, and remove trash from the beach at the end of the day, for the boat club. Motion by Frank Conrad, second by Jay Newman to grant the request. During roll call vote all five Committee members voted in the affirmative.
Barbara Camp, reported that the Department of Public Works collected over 121 tons of municipal trash and recycled 391 tons during the months of January and February. There were four snow events during this time period, and the DPW kept our streets salted and passable. She congratulated the department on a job well done.
Jay Newman, moved to hire Scott Guntz as a skate park attendant, motion was seconded by Frank Conrad with all five Committee members voting in the affirmative.
He reported that the Department of EMS answered 86 calls.
He also reported that the Township of Upper has been awarded $2500 for outstanding safety performance in the Joint Insurance Fund and congratulated the employees for their participation in the program that promotes safety in the workplace resulting in lower insurance costs.
He discussed a new law that requires collection of sales tax for skate park and boat ramp fees. There was discussion of raising the fees to cover the tax or include the tax with the present fee. Motion was made by Jay Newman, second by Curtis Corson to start collection of the 7% along with skate park and boat ramp fees. During roll call vote all five Committee members voted in the affirmative.
Richard Palombo, Mayor, reported on a letter from Mr. Ned McDermott regarding his opposition on the Township’s decision not to participate in the gypsy moth spray program this year. A Township-wide gypsy moth spray program has not been budgeted for this year. Mr. McDermott is opposed to this and asked to have his letter become a part of the minutes.
In the past the State of New Jersey has covered most of the expenses, however, this year no funds are being allocated either by the State of New Jersey or the Federal Government for their lands.
He congratulated Barbara Young from the Clerk’s Office on successfully completing the course in Municipal Finance, one of the five courses necessary to sit for the RMC certification.
He discussed the County Joint Venture program that allots funds to Upper Township for a capital improvement. This year the program can include any project or equipment purchase that is eligible for bonding. Departments are preparing a list of possible eligible items such as some of the equipment that was omitted from the budget for this year.
Paul Dietrich, Municipal Engineer, received a request from two employees for one day off with pay so that they could attend the New Jersey Marine Corps League Convention on June 22, 2007. David Keene and William Layton are both delegates representing the Dramis Detachment. Motion to grant the request by Barbara Camp, second by Curtis Corson with all five Committee members present voting in the affirmative.
1. Resolution No. 029-2007, RE: Honoring Webelos Scouts of Cub Scout Pack 79, on attaining the Arrow of Light Award, Alexander J. Schoedler, Jonah M. Butler, Tyler P. Carroll, Anthony J. Mirallegro, William J. Eisele, IV, Brendan G. Kane, Kevin M. Birk, Shaun M. O’Connor, and Jack T. Kane. The Township Committee presented each Cub Scout with a laminated copy of the resolution congratulating them on their accomplishment.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
PRIVATE RESOLUTION NO. 60-2007
CONGRATULATING EMPLOYEE BARBARA GRUND OF THE
DEPARTMENT OF BUILDING MAINTENANCE FOR THE WINNING ENTRY IN THE upper township SAFETY AWARD PROGRAM
FOR THE 1st QUARTER of 2007
WHEREAS, employee Barbara Grund is recognized for her efforts to promote safety for her fellow employees and residents of the Township through her participation in the Upper Township Safety Award Program with a submission of a safety suggestion; and
WHEREAS, Barbara’s safety suggestion was chosen by the Upper Township Safety Committee from the eight entries submitted this quarter for the promotion of safety for employees and the community; and
WHEREAS, Barbara should be publicly recognized for her safety suggestion of “repairing the concrete parking barrier at the Community Center which had two metal rods protruding”;
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. That this Committee extends its appreciation and publicly recognizes Barbara on her commitment to safety by her identifying a potential hazard and presenting a solution through participation in this program.
2. That this Committee, on behalf of her fellow employees and the citizens of the Township of Upper extend to Barbara Grund, our congratulations and present her with the “Safety Day Award” of one day off with pay.
BE IT FURTHER RESOLVED, that this Committee also recognizes and extends appreciation to the following employees for their safety suggestions submitted this quarter and encourages their further participation:
Harry Downam Barbara Young
Frances Senn Ed Carter
Karen Veach Thomas Woolley
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 12th day of March, 2007.
Resolution No. 60-2007
Offered by: Newman Seconded by: Conrad
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X____ _______ _________ ______
Conrad __X____ _______ _________ ______
Corson __X____ _______ _________ ______
Newman __X____ _______ _________ ______
Palombo __X____ _______ _________ ______
TOWNSHIP OF UPPER
R E S O L U T I O N
RE: APPOINTMENT OF BARBARA A. SPIEGEL AS ASSISTANT TREASURER
WHEREAS, a need exists to appoint an Assistant Treasurer to the Upper Township Treasurer’s Office; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of February 26, 2007; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken; 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. Barbara A. Spiegel is hereby appointed Assistant Treasurer effective March 1, 2007.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of February 26, 2007.
Resolution No. 061-2007
Offered by: Newman Seconded by: Palombo
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X______ __________ __________ _________
Conrad ___X______ __________ __________ _________
Corson ___X______ __________ __________ _________
Newman ___X______ __________ __________ _________
Palombo ___X______ __________ __________ _________
4. Vacating the position of Assessing Clerk in the Tax Assessor’s Office and changing the title of Michelle H. Johnson from Assessing Clerk to Clerk-Typist.
TOWNSHIP OF UPPER
R E S O L U T I O N
RESOLUTION NO. 062-2007
TAX ASSESSOR’S OFFICE AND CHANGING THE TITLE OF
MICHELLE H. JOHNSON FROM ASSESSING CLERK TO CLERK-TYPIST
WHEREAS, the Township of Upper wishes to vacate the position of Assessing Clerk in the Tax Assessor’s Office; and
WHEREAS, the Township of Upper also wishes to change the title of Michelle H. Johnson from Assessing Clerk to Clerk-Typist.
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 title of Assessing Clerk in the Tax Assessor’s Office is hereby vacated.
Michelle H. Johnson is hereby appointed in a full-time Clerk-Typist position effective March 1, 2007 at an annual salary of $28,000.00 in accordance with the Salary
Resolution No. 062-2007
Offered by: Newman Seconded by: Camp
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X______ __________ __________ _________
Conrad ___X______ __________ __________ _________
Corson ___X______ __________ __________ _________
Newman ___X______ __________ __________ _________
Palombo ___X______ __________ __________ _________
5. Honoring David Mason on his Retirement from the Township of Upper.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO. 063-2007tc \l 1 " RESOLUTION NO. __021_-2002"
HONORING DAVID MASON
ON HIS RETIREMENT FROM THE TOWNSHIP OF UPPER
WHEREAS, David Mason of the Township of Upper, will soon be retiring after twenty-five (25) years of public service to this community as Assistant Supervisor in the Upper Township Recreation Department; and
WHEREAS, it is most appropriate that David’s tenure of public employment and his years of faithful and dedicated service to this Township be publicly recognized;
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:
4. That David Mason be publicly congratulated on the occasion of his retirement from the Township of Upper.
5. That he be publicly thanked for his many years of dedicated public service to our community.
6. That this Committee, on behalf of all the citizens of the Township of Upper extend to David Mason, our fellow employee and friend, our very best of wishes on his retirement and his future.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 12th day of March, 2007.
Resolution No. 063-2007
Offered by: Camp Seconded by: Newman
Adopted: March 12, 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. 064-2007
RE: A RESOLUTION PROCLAIMING MARCH AS WOMEN’S HISTORY MONTH IN UPPER TOWNSHIP, CAPE MAY COUNTY
WHEREAS, New Jersey women of every race, class and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways; and
WHEREAS, New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State; and
WHEREAS, New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State; and
WHEREAS, New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement and other movements, especially the peace movement, which create a more fair and just society for all; and
WHEREAS, despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; 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 that said Committee hereby proclaims March 2007 as “Women’s History Month – Generation of Women Moving History Forward.”
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 12th day of March, 2007.
Resolution No. 064-2007
Offered by: Camp Seconded by: Conrad
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X____ _________ _______ _______
Conrad ___X____ _________ _______ _______
Corson ___X____ _________ _______ _______
Newman ___X____ _________ _______ _______
Palombo ___X____ _________ _______ _______
7. Authorizing a professional services contract with Cape May County Council on Alcoholism and Drug Abuse, Inc., for an employee assistance program for Township employees.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 065-2007
CAPE MAY COUNTY COUNCIL ON ALCOHOLISM AND DRUG ABUSE, INC.
FOR AN EMPLOYEE ASSISTANCE PROGRAM FOR TOWNSHIP EMPLOYEES
________________________________________________________________________
WHEREAS, the Township of Upper wishes to continue its Employee Assistance Program to provide assessment, evaluation intervention, referral and case management services for employees of the Township; and
WHEREAS, the Township of Upper has previously contracted with Cape May County Council on Alcoholism and Drug Abuse, Inc., a New Jersey non-profit corporation (hereinafter referred to as “Cape Assist”) for such services and wishes to continue such relationship by entering into a Professional Services Contract to cover the period from January 1, 2007 to December 31, 2007; and
WHEREAS, Cape Assist has the required expertise to provide and implement the Upper Township Employee Assistance Program; and
WHEREAS, the Township Committee intends to engage the services of Cape Assist under a Professional Services Contract attached hereto as “Exhibit A”; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said Contract to be entered into;
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. Cape Assist 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 proposed Professional Services Contract between the Township of Upper and Cape Assist, a copy of which is on file in the office of the Township Clerk, is hereby approved and the Mayor and the Township Clerk are hereby authorized, directed and empowered to execute said Contract on behalf of the Township of Upper and the Township Clerk is further authorized, directed and empowered to seal said Contract with the seal of the Township of Upper.
4. The Township Clerk shall cause a Notice of Award of this Contract to be published in the official newspaper of the Township of Upper as required by N.J.S.A. 40A:11-5.
5. This Contract has been awarded without competitive bidding for the following reason or reasons:
(A) Professional services of the type herein sought are of such a nature as to require a high degree of trust or confidence in the individual providing the service and, in fact, may require the creation of a confidential or fiduciary relationship between that individual and the municipality;
(B) The services required are highly specialized or technical in nature;
(C) The services require peculiar ability or skill and demand a high degree of specialized knowledge or expertise;
(D) The services are such that their relative work must be judged by subjective considerations that are not susceptible of valuation by competitive bidding; and
(E) The individual who will provide these services has demonstrated his competence and particular expertise in the services required.
6. This Resolution shall take effect immediately.
Resolution No. 065-2007
Offered by: Conrad Seconded by: Camp
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _X ______
Conrad _X ______
Corson _X ______
Newman _X ______
Palombo _X ______
8. Authorizing a professional services contract with Pogue, Inc. T/A Pogue Safety and Health Consortium for an alcohol and controlled substances training and testing program for certain Township employees.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 066-2007
RE: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH POGUE, INC. T/A POGUE SAFETY & HEALTH CONSORTIUM FOR AN ALCOHOL AND CONTROLLED SUBSTANCES TRAINING AND TESTING PROGRAM FOR CERTAIN TOWNSHIP EMPLOYEES
___________________________________________________________
WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 became applicable to the Township of Upper in 1996 in accordance with 49 C.F.R. §382.115(B) and mandates drug and alcohol testing for employees holding commercial driver’s licenses engaged in safety sensitive duties and further requires each employer to maintain a testing policy as required by 49 C.F.R. §382.401(C)(6)(ib); and
WHEREAS, the Township has previously determined to extend that policy to all employees working in hazardous or safety sensitive areas and also to public safety employees including the Division of EMS and Township lifeguards; and
WHEREAS, to administer such a program in accordance with the Federal rules, regulations and guidelines, it is necessary to employ the services of a firm possessing such specialized skill and training; and
WHEREAS, Pogue, Inc., t/a Pogue Safety & Health Consortium (hereinafter referred to as “Pogue”), has the required expertise and provides the same or similar services for several other municipalities; and
WHEREAS, Pogue has been performing such services in the Township of Upper since in or about May of 1996 and proposes to continue to provide such services; and
WHEREAS, the Township Committee intends to engage the services of Pogue under a Professional Services Contract; and
WHEREAS, Pogue, Inc. t/a Pogue Safety & Health Consortium has completed and submitted a Business Entity Disclosure Certification which certify that the contractor 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 the contractor from making any reportable contributions through the term of the contract; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said Contract to be entered into;
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 proposed Professional Services Contract between the Township and Pogue, a copy of which is on file in the office of the Township Clerk, is approved and the Mayor and the Township Clerk are hereby authorized, directed and empowered to execute said Contract on behalf of the Township of Upper and the Township Clerk is further authorized, directed and empowered to seal said Contract with the seal of the Township of Upper.
3. The Township Clerk shall cause a Notice of Award of this Contract to be published in the official newspaper of the Township of Upper as required by N.J.S.A. 40A:11-5.
4. This Contract has been awarded without competitive bidding for the following reason or reasons:
(A) Professional services of the type herein sought are of such a nature as to require a high degree of trust or confidence in the individual providing the service and, in fact, may require the creation of a confidential or fiduciary relationship between that individual and the municipality;
(B) The services required are highly specialized or technical in nature;
(C) The services require peculiar ability or skill and demand a high degree of specialized knowledge or expertise;
(D) The services are such that their relative work must be judged by subjective considerations that are not susceptible of valuation by competitive bidding; and
(E) The individual who will provide these services has demonstrated his competence and particular expertise in the services required.
5. This Resolution shall take effect immediately and shall be deemed retroactive to January 1, 2007.
Resolution No. 066-2007
Offered by: Camp Seconded by: Conrad
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X______ __________ __________ __________
Conrad ___X______ __________ __________ __________
Corson ___X______ __________ __________ __________
Newman ___X______ __________ __________ __________
Palombo ___X______ __________ __________ __________
9. Authorizing the award of a Professional Services Contract with Dr. Stewart C. Farrell/Coastal Research Center of The Richard Stockton College of New Jersey for Beach Monitoring and Consulting Services or beach related issues.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 067-2007
RE: AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT WITH DR. STEWART C. FARRELL/COASTAL RESEARCH CENTER OF THE RICHARD STOCKTON COLLEGE OF NEW JERSEY FOR BEACH MONITORING AND CONSULTING SERVICES OR BEACH RELATED ISSUES
____________________________________________________________
WHEREAS, the Township of Upper has received a proposal from Dr. Stewart C. Farrell on behalf of the Coastal Research Center of the Richard Stockton College of New Jersey, which proposal is dated December 5, 2006 and outlines services to be performed on behalf of the Township during the calendar year 2007 and provides a rate schedule for the services to be provided; and
WHEREAS, the Township Committee has considered this matter and has determined that it is in the best interest of the Township to authorize a Professional Services Contract as hereinafter provided; and
WHEREAS, the Township Solicitor has determined that the services to be provided are professional services and that a Contract may be awarded without competitive bid; and
WHEREAS, the Treasurer has certified the availability of funds to permit the Township to enter into a Professional Services Contract; and
WHEREAS, Dr. Stewart C. Farrell on behalf of the Coastal Research Center of the Richard Stockton College of New Jersey has completed and submitted a Business Entity Disclosure Certification which certifies that the contractor 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 the contractor 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. The proposal of Dr. Stewart C. Farrell of the Coastal Research Center of the Richard Stockton College of New Jersey (hereinafter collectively referred to as Contractor), dated December 5, 2006, is hereby accepted, subject to the provisions of this Resolution. A copy of said proposal is attached hereto as Exhibit A.
3. The Mayor and Township Clerk are hereby authorized, directed and empowered to enter into a Professional Services Contract with the Contractor aforesaid for a one (1) year term commencing January 1, 2007. Said Agreement shall be prepared or approved by the Municipal Attorney for the Township of Upper. The Township Clerk is further authorized, directed and empowered to seal said Contract with the seal of the Township of Upper.
4. The Township Clerk shall cause a Notice of Award of this Contract to be published in the official newspaper of the Township as required by N.J.S.A. 40A:11-5.
5. This Contract is a Professional Services Contract and has been awarded without competitive bidding for the following reasons:
(A) The services required are highly specialized or technical in nature;
(B) The services require peculiar ability or skill, and demand a high degree of specialized knowledge or expertise;
(C) The services required are professional services and/or unspecified extraordinary services within the meaning of N.J.S.A. 40A:11-5(a);
(D) The individual who will provide these services has demonstrated his competence and particular expertise in the services required; and
(E) The services to be provided are such that their nature, scope and duration are not capable of precise measurement, but rather require a flexibility and discretion that render competitive bidding impractical and inefficient.
6. A certified copy of this Resolution shall be provided to the Contractor.
7. This Resolution shall take effect immediately provided, however, that the Contract awarded herein shall become effective January 1, 2007.
Resolution No. 067 - 2007
Offered by: Corson Seconded by: Camp
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____X_____ __________ __________ __________
Conrad ____X_____ __________ __________ __________
Corson ____X_____ __________ __________ __________
Newman ____X_____ __________ __________ __________
Palombo ____X_____ __________ __________ __________
10. Authorizing the approval and execution of an interlocal services agreement with the City of Ocean City to provide EMS and Fire Suppression Services to the Strathmere Section of the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 068-2007
RE: AUTHORIZING THE APPROVAL AND EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT WITH THE CITY OF OCEAN CITY TO PROVIDE EMS AND FIRE SUPPRESSION SERVICES TO THE STRATHMERE SECTION OF THE TOWNSHIP OF UPPER
WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-1, et seq., provides that any local governmental unit may enter into a contract with any other local governmental unit or units for the joint provision within their several jurisdictions of any service which any party to the agreement was empowered to render within its own jurisdiction; and
WHEREAS, the Interlocal Services Act (Act) further provides that the parties to an Interlocal Services Contract may agree to provide jointly, or through the agency of one or more of them on behalf of any or all of them, any service or aspect of a service which any of the parties on whose behalf such services are to be performed may legally perform for itself; and
WHEREAS, the Township of Upper has indicated a willingness to enter into an Interlocal Services Agreement with the City of Ocean City whereby the City of Ocean City will provide EMS and Fire Suppression Services to the geographic portion of the Township of Upper commonly known as Strathmere; and
WHEREAS, the Township Committee of the Township of Upper deems that an Interlocal Services Agreement with the City of Ocean City for the purposes expressed herein is in the mutual interest of all parties and also is in the public interest and will promote the public health, safety and welfare; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee, the governing body of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. INTERLOCAL SERVICES AGREEMENT. Pursuant to the provisions of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., the Township of Upper is hereby authorized and empowered to enter into an Interlocal Services Agreement with the City of Ocean City to provide fire suppression and emergency medical services.
2. SERVICES TO BE PROVIDED BY CONTRACT. The Interlocal Services Agreement authorized in paragraph 1 hereof shall cover those services which are enumerated in said Agreement, a copy of which is attached hereto as Exhibit A.
3. AUTHORIZATION TO MUNICIPAL OFFICIALS. The appropriate Township officers and officials are hereby authorized to take any action necessary or advisable to carry out the intent and purpose of this Resolution. Specifically, the Mayor and Township Clerk are hereby authorized and directed to execute such Interlocal Services Agreement on behalf of the Township of Upper pursuant to the authority conferred by this Resolution. The Township Clerk is further authorized and directed to seal said Agreement with the official seal of the Township of Upper.
4. COMPLIANCE WITH STATUTORY REQUIREMENTS. The Interlocal Services Agreement between the Township of Upper and the City of Ocean City shall meet and satisfy the requirements of N.J.S.A. 40:8A-6, as may be amended and supplemented.
5. SEVERABILITY. If any action, subsection, paragraph, sentence or other part of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Resolution, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Resolution directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Resolution shall remain in full force and effect.
6. REPEALER. All Resolutions or parts of Resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency only.
7. EFFECTIVE DATE. This Resolution shall take effect immediately upon final adoption and publication in the manner provided by law.
Resolution No. 068 -2007
Offered by: Newman, Seconded by: Corson
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x
Conrad x
Corson x
Newman x
Palombo x
11. Tax Correction.
TOWNSHIP OF UPPERPRIVATE
R E S O L U T I O N
Resolution No. 069- 2007
TAX CORRECTIONS
________________________________________________________
WHEREAS, certain corrections have been recommended
by the Upper Township Tax Collector in order to refund monies or cancel taxes,
NOW, THEREFORE BE IT RESOLVED, by the Township Committee
of the Township of Upper, Cape May County, that corrections to the Tax records are hereby
authorized and the Tax Collector is hereby directed to correct said records or take such action
as indicated on the attached sheet:
Resolution No. 069- 2007
Offered by: Camp, Seconded by: Conrad
Adopted: March 12, 2007
Roll Call Vote:
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ______x____ __________ __________ __________
Conrad ______x____ __________ __________ __________
Corson ______x____ __________ __________ __________
Newman ______x____ __________ __________ __________
Palombo ______x____ __________ __________ __________
549/45 $ 373.42 HARRY ADAMS
1332 STAGECOACH, OCEAN VIEW 08230
overpaid/owners requests refund
453.10/356/C002 $ 179.73 OCEAN SANDS RESORT ASSOC
710 W. HOFFECKER RD
POTTSTOWN,PA 19465
565.02/116 $ 901.67 JOSEPH & ELIZABETH CORI
1836 RT US 9 SO. SEAVILLE 08230
pd by Title Co. & Mtg Co.
643/42 $1,565.90 JOHN & TOINI WILLIAMS
9 RICHWOOD TERRACE, MARMORA 08223
pd by Title Co. & Mtg Co.
758/10 $1,497.39 ANGELO & RITA GEORGETTI
3 DAVIS RD, CINNAMINSON, NJ 08077
appeal credit
319/27 cancel $215.71 Township owned December 2006
453/233 cancel $ 77.85 USA owned June 2006
****
12. Authorizing the execution of a subcontract with the County of Cape May for the Municipal Alliance Program. It was discussed that the MAC contract is a joint program with Upper Township and Ocean City, with Upper Township being the lead agency. Mr. Young added that the contract would show the name of the joint program to be Township of Upper/City of Ocean City Municipal Alliance Consortium.
COUNTY OF CAPE MAY
R E S O L U T I O N
RESOLUTION NO. 070-2007
AUTHORIZING THE EXECUTION OF A SUBCONTRACT
WITH THE COUNTY OF CAPE MAY FOR THE
MUNICIPAL ALLIANCE PROGRAM
____________________________________________________________________
WHEREAS, pursuant to P. L. 1989, Ch. 51, the Municipal Alliance Program has been made available to each county in order to increase drug and alcohol prevention services; and
WHEREAS, Ocean City and the Township of Upper have agreed to participate together in this effort and have designated Upper Township as the lead municipality; and
WHEREAS, the Township of Upper has agreed to organize and coordinate efforts involving schools, law enforcement, businesses, local organizations and the community for the purpose of reducing alcoholism and drug abuse; and
WHEREAS, the Municipal Alliance Committee (MAC) formed in the Township of Upper will continue to work toward the development and implementation of community based alcoholism and drug abuse education, awareness, alternative and prevention programs; and
WHEREAS, the Township of Upper has submitted an application to conduct prevention activities during the subcontract period; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said Contract to be entered into.
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper, County of Cape May, State of New Jersey, that the Mayor and Municipal Clerk are hereby authorized and directed to execute a contract between the County of Cape May and the Township of Upper for the Municipal Alliance Program subcontract period January 1, 2007 to December 31, 2007.
BE IT FURTHER RESOLVED that the Chief Financial Officer is hereby authorized and directed to execute the section of the subcontract entitled "Statement of Assurances."
BE IT FURTHER RESOLVED that the total amount of the subcontract
shall be $85,138.00; total amount of County funds shall be $42,569.00 and the
amount of local in kind match shall be $31,927.00 and the local cash amount
shall be $10,642.00.
Resolution No. 070-2007
Offered by: Newman Seconded by: Camp
Adopted: March 12, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X___ _____ _____ _____
Conrad __X___ _____ _____ _____
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13. Authorizing the Annual Fourth of July Fireworks Display.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 071-2007
RE: ANNUAL FOURTH OF JULY FIREWORKS DISPLAY
________________________________________________________________
WHEREAS, for many years, the Township of Upper has provided a fireworks display for the residents of Upper Township and others; and
WHEREAS, the Township wishes to continue to provide a display of fireworks in celebration of the 4th of July; and
WHEREAS, the State of New Jersey, Department of Community Affairs, requires that the Township provide a Resolution approving same; and
WHEREAS, the site for the fireworks display will be determined in conjunction with a State of New Jersey Fire Inspector; and
WHEREAS, FAA Clearance will be applied for; and
WHEREAS, a Certificate of Insurance will be provided by the Township’s Insurance Carrier for the amount specified by the State Department of Community Affairs; and
WHEREAS, a plot/site plan for site display, showing the distances from the public and structures to the fireworks discharge area, will be provided by the Township Engineer; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said Contract to be entered into.
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 in full herein by this reference.
2. Upon meeting all requirements of the State of New Jersey, Department of Community Affairs as well as any and all recommendations or requirements of the Township’s Risk Management Consultant and the Joint Insurance Fund, the Township Clerk is hereby directed and authorized to provide a certified copy of this Resolution, with all attachments, to the Department of Community Affairs for their review and issuance of a Fireworks Permit.
3. 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.
4. 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, including but not limited to the entering into and execution of an Agreement to Furnish Fireworks Exhibition with Vineland Fireworks Company, Inc. for the sum of $5,000.00.
Resolution No. 071-2007
Offered by: Newman,