TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR MARCH 12, 2007

 

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30  P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAGCub Scout Pack 79, Presentation of Colors and Flag Salute

 

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, 2007Michael 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.  

   

OTHER REPORTS

 

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.

 

PRESENTATION

 

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.

          

RESOLUTIONS

 

2.  Congratulating Barbara Grund as the winner of the Safety Award Program for the 1st Quarter of 2007. 

TOWNSHIP OF UPPERPRIVATE

CAPE MAY COUNTY

R E S O L U T I O N

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____  _______     _________   ______

 

3.      Appointment of Barbara A. Spiegel as Assistant Treasurer.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

                      R E S O L U T I O N

RESOLUTION NO. 061-2007

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

CAPE MAY COUNTY

                      R E S O L U T I O N

                    RESOLUTION NO. 062-2007

RE:  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

                                                       

 

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_____     _______    _________   ______

 

6.  Resolution Proclaiming March as Women’s History Month in Upper Township.

 

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

RE: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH

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

CAPE MAY COUNTY

                                                      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____    __________   __________   __________

 

REFUND 2007

BLOCK/LOT              AMOUNT                     NAME & ADDRESS

 

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

Line item deleted

 

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.

 

REFUND 2006 CREDIT

758/10                                     $1,497.39                         ANGELO & RITA GEORGETTI

                                                                                3 DAVIS RD, CINNAMINSON, NJ  08077

appeal credit

 

CANCEL 2006 TAX

 

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. 

 

                                                   TOWNSHIP OF UPPER

                                                 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___       _____          _____                    _____

Corson                             __X___       _____          _____                    _____

Newman                          __X___       _____          _____                    _____

Palombo                          __­X___       _____          _____                    _____

 

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,