TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Absent
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - June 11, 2007 Regular Meeting and
Motion was made by Jay Newman, 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 Township has received a check in the amount of $43,845.55 from the Cape May County Municipal Utilities Authority as a result of our residents’ efforts in recycling.
Jay Newman, reported on the letter received from the CMC Engineer’s Office regarding the 4th of July parade held in Strathmere every year.
This year the County Engineer is requiring that permission be received from the Freeholders Office in order to temporarily close a portion of Commonwealth Ave. to allow the parade to pass. In addition, they are requiring the following documents: executed Promise of Indemnification, certificate of insurance, and notification from Upper Township and notification from law enforcement jurisdiction, (State Police) that both are aware of the event. The letter was received via fax on June 25th and by the time of this meeting all documents were provided to Mrs. Bergus for her to deliver to the County the next day. Mrs. Bergus thanked the Committee for their timely assistance in getting this matter resolved to allow the parade to take place.
He also reminded everyone that the Township will hold their annual July 4th Fireworks display at dusk behind the Elementary School in Marmora.
He reported that the Recreation Department is looking for part-time seasonal help and made a motion to allow the hiring of additional employees for this work. Curtis Corson seconded with all four Committee members present voting in the affirmative.
He reported that Upper Township and Dennis Township would be entering into a joint venture to hire a Forester to assist in the planning of the gypsy moth control program for 2008.
He made a motion to adopt a resolution to petition the State of New Jersey to remove Gypsy Moth Spray Programs as an item from the CAP on local budget spending. Jay Newman seconded the motion with all four Committee members present voting in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.134-2007
RE: APPOINTMENT OF ROSEMARY TROUT
AS A FULL-TIME EMPLOYEE TO THE UPPER TOWNSHIP CLERK’S OFFICE ______________________________________________________________
WHEREAS, a need exists to appoint an additional full-time employee to the Clerk’s Office; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of June 11, 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. Rosemary Trout is hereby appointed as a full-time employee to the Clerk’s Office effective June 22, 2007, at an annual salary of $28,000.00 as established in the current Salary Ordinance of the Township.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of June 11, 2007.
Resolution No.134-2007
Offered by: Camp Seconded by:Corson
Adopted: June 25, 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. 135-2007
RE: REAPPOINTMENT OF MEGAN A. McAFEE AS TAX ASSESSOR
FOR THE TOWNSHIP OF UPPER COMMENCING JULY 1, 2007
AND EXPIRING JUNE 30, 2011.
________________________________________________________________
WHEREAS, Megan A. McAfee was heretofore appointed as Tax Assessor for the Township of Upper to fill the unexpired term of Kristen Errickson, which said term expires June 30, 2007; and
WHEREAS, N.J.S.A. 40A:9-148 establishes the term of the Tax Assessor as four (4) years from the first day of July and further provides that the Tax Assessor hold tax assessor certificate; and
WHEREAS, the Township Committee has duly considered the matter and has determined that Megan A. McAfee, C.T.A., the current Tax Assessor, possesses all of the requisite qualifications for reappointment to said position as required by law; and
WHEREAS, Megan A. McAfee, C.T.A., who presently serves as Tax Assessor of the Township of Upper, shall be reappointed to a four (4) year term effective July 1, 2007.
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 statements of the preamble above are incorporated herein by this reference.
2. Megan A. McAfee, C.T.A., is hereby appointed as Tax Assessor for the Township of Upper for the term from July 1, 2007 to June 30, 2011.
3. A certified copy of this Resolution sealed with the seal of the Township of Upper shall be conclusive evidence of the reappointment of Tax Assessor for the term prescribed by law.
Resolution No. _135-2007
Offered by: Newman Seconded by: Camp
Adopted: June 25, 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.136-2007
RE: APPOINTMENT OF MICHAEL DUGAN AS A PART-TIME SEASONAL
EMPLOYEE TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
AND THE UPPER TOWNSHIP BEACH PATROL
______________________________________________________________
WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Recreation Department and the Upper Township Beach Patrol to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of June 11, 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. Michael Dugan is hereby appointed in a part-time seasonal position effective immediately at a salary of $10.25 per hour in accordance with the Salary Ordinance.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of June 11, 2007.
Resolution No. 136-2007
Offered by:Newman Seconded by:Conrad
Adopted: June 25, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x________ __________ __________ _________
Conrad ____x________ __________ __________ _________
Corson ____x________ __________ __________ _________
Newman ____x________ __________ __________ _________
Palombo _____________ __________ __________ ______x__
5. Authorizing an agreement with the Upper Township School District to commit to joint purchase of office supplies and paper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 137-2007
RE: AUTHORIZING AN AGREEMENT WITH THE UPPER TOWNSHIP SCHOOL DISTRICT TO COMMIT TO JOINT PURCHASE OF OFFICE SUPPLIES AND PAPER
_________________________________________________________________________________
WHEREAS, the Upper Township School District has contacted the Township of Upper and offered to allow the Township of Upper to purchase office supplies and paper through the School District; and
WHEREAS, the proposal entails the Upper Township School District purchasing office supplies and paper on behalf of both public entities and thereafter billing the Township of Upper for the supplies and paper purchased by the Township of Upper; and
WHEREAS, the Township Committee of the Township of Upper recognizes the benefits of this joint purchasing arrangement and desires to authorize the appropriate Township officials to enter into same; 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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Township Committee of the Township of Upper hereby authorizes all Township officials and officers to take such action as necessary and appropriate to consummate the joint purchase agreement with respect to paper and office supplies with the Upper Township School District.
SEQ ì_0 \* Arabic \n3. 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. 137 -2007
Offered by: Conrad Seconded by: Camp
Adopted: June 25, 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. 138-2007
RE: IN SUPPORT OF REDUCTION OF THE MAXIMUM SPEED LIMIT
ON COMMONWEALTH AVENUE IN STRATHMERE
_________________________________________________________________________________
WHEREAS, there has been a general increase in vehicles traveling at high speeds along Commonwealth Avenue in Strathmere; and
WHEREAS, there are private driveways and streets in Strathmere along Commonwealth Avenue, and this fact in combination with high vehicle speeds creates dangerous conditions.
WHEREAS, in order to insure the safety of citizens, residents and the general public, the Township Committee of the Township of Upper supports a reduction of the maximum speed limit allowable on Commonwealth Avenue in Strathmere; 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 Township Committee hereby expresses its support for the reduction of the maximum speed limit along Commonwealth Avenue in Strathmere.
3. The Township Committee hereby requests all County and State officials to take the appropriate action forthwith in order to implement the reduction of the maximum speed limit along Commonwealth Avenue in Strathmere.
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.
5. A copy of this Resolution shall be forwarded to the appropriate Cape May County and New Jersey state officials.
Resolution No. 138-2007
Offered by: Corson Seconded by: Camp
Adopted: June 25, 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. 139-2007
RE: AUTHORIZING THE TOWNSHIP OF UPPER/CITY OF OCEAN CITY MUNICIPAL ALLIANCE CONSORTIUM TO SUBMIT A GRANT APPLICATION
AND EXECUTE A SUB-CONTRACT WITH THE COUNTY OF CAPE MAY
CONCERNING THE MUNICIPAL ALLIANCE GRANT AND FUNDING FOR 2008.
________________________________________________________________
WHEREAS, the Upper Township and Ocean City Municipal Alliance Committees have formed a consortium concerning the creation of the Township of Upper/City of Ocean City Municipal Alliance Consortium to pool financial resources as well as receive additional funds for the creation of this consortium; and
WHEREAS, the Township of Upper Township has been designated as the lead agency in dealing with the County of Cape May; and
WHEREAS, the Township of Upper with the municipality of Ocean City have appointed a Municipal Alliance Committee consisting of members from both communities, which Committee will identify local needs and recommend actions designed to deal with Alcoholism and Drug Abuse; and
WHEREAS, the Cape May County Department of Human Services has informed the Township of Upper/City of Ocean City Municipal Alliance Committee of its eligibility to apply for Municipal Alliance funds in the amount of:
Base Allocation................$29,969.00
Cash Match.....................$ 7,492.00
In-kind........................$22,477.00
TOTAL..........................$59,938.00
WHEREAS, in order to qualify for said funds, the Township of Upper must adopt a Resolution authorizing the submission of a grant application and authorizing the Township as lead agency to execute a Sub-Contract with the County of Cape May on behalf of the Upper Township/City of Ocean City Municipal Alliance Committee; and
WHEREAS, the Township of Upper wishes to apply for said funding;
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 as lead agency is hereby authorized to submit an application for Municipal Alliance funding for 2008 in the amount specified in this Resolution or for such other amounts as may become available and the Mayor and Township Clerk are further authorized and directed to execute a Sub-Contract on behalf of the Township with the County of Cape May with respect to the Municipal Alliance funds.
3. A certified copy of this Resolution shall be submitted to the County of Cape May in the Department of Human Services, together with the completed application.
4. All Township officials and officers are hereby authorized and directed to take all action necessary in order to carry out the intent and purpose of this Resolution.
Resolution No.139 -2007
Offered by: Camp Seconded by: Newman
Adopted: June 25, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x______ __________ __________ __________
Conrad ____x______ __________ __________ __________
Corson ____x______ __________ __________ __________
Newman ____x______ __________ __________ __________
Palombo ___________ __________ __________ ______x___
8. Authorizing the Mayor to execute an agreement between the Township of Upper and Atlanticare Regional Medical Center for advanced life support services.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 140-2007
RE: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWNSHIP OF UPPER AND ATLANTICARE REGIONAL MEDICAL CENTER FOR ADVANCED LIFE SUPPORT SERVICES
___________________________________________________________________________
WHEREAS, the Township provides emergency transport to the residents of the Township; and
WHEREAS, the Township has a need to provide Advanced Life Support Services to its residents and citizens in specific situations; and
WHEREAS, AtlantiCare Regional Medical Center will compensate the Township for each patient who is covered by Medicare/Medicaid and requires Advanced Life Support Services; and
WHEREAS, in the event that the Medicare or Medicaid rate changes during the contract period said contract will be amended to reflect the new rate; and
WHEREAS, AtlantiCare Regional Medical Center has completed and submitted a Business Entity Disclosure Certification which certifies that AtlantiCare Regional Medical Center 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 AtlantiCare Regional Medical Center 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 Mayor and the Township Clerk are authorized to execute an agreement between the Township and AtlantiCare Regional Medical Center for Advanced Life Support Services.
3. AtlantiCare Regional Medical Center 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. 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.
5. This Resolution shall be effective as of adoption.
Resolution No. 140 -2007
Offered by: Newman Seconded by: Camp
Adopted: June 25, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____x_____ __________ __________ __________
Conrad _____x_____ __________ __________ __________
Corson _____x_____ __________ __________ __________
Newman _____x_____ __________ __________ __________
Palombo ___________ __________ __________ ______x___
9. Findings of Fact and Conclusions with respect to the renewal of the
Plenary Retail Consumption license for Deauville Inn, Inc. for 2007-2008.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 141-2007
RE: DEAUVILLE INN, INC.:
FINDINGS OF FACT AND CONCLUSIONS WITH
RESPECT TO THE RENEWAL OF THE
PLENARY RETAIL CONSUMPTION LICENSE FOR 2007-2008.
_________________________________________________________________________
WHEREAS, Deauville Inn, Inc. has made application to the Township Committee, the Governing Body of the Township of Upper, and the issuing authority for said municipality, for renewal of Plenary Retail Consumption License No. 0511-33-003-006, for premises situate at Willard Road and the Bay, Strathmere, Upper Township, Cape May County, New Jersey; and
WHEREAS, on or about April 19, 2007, the Township Clerk received a written request from Scott Buehler to limit hours of operation for the outside bar area to reduce noise, and impose this condition on the renewal of said License; and subsequently the Township Clerk received similar complaints filed by Curtis McDaniel, William Sheridan, Margo Therre, Sophia Wisniewska, Barbara Hannock and Rhoda Hannock; and
WHEREAS, in accordance with law and regulations, a hearing on said objections was held by the Township Committee on June 11, 2007, pursuant to notice to the Objectors who filed timely written objections, and to the Licensee; and
WHEREAS, Scott Buehler and Curtis McDaniel attended the hearing, were sworn and gave testimony in opposition to the renewal of the License without restrictions; and
WHEREAS, the Licensee was in attendance by way of Linda Brown as a principal of the corporation, and was represented by John Armstrong, attorney at law; and
WHEREAS, the Township Committee did, at the conclusion of the hearing, vote to renew said License for the ensuing License Year, without restriction, for the reasons hereinafter set forth;
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 shall be incorporated herein by this reference thereto.
2. The following factual determinations are hereby made based on the testimony and evidence presented at the hearing:
(A) The Deauville Inn, Inc. is the holder of Plenary Retail Consumption (PRC) License No. 0511-33-003-006. The License is issued for premises situate at Willard Road and the Bay, Strathmere, Upper Township, Cape May County, New Jersey.
(B) The License was renewed for the preceding License Year, that is, July 1, 2006 to June 30, 2007. No restrictions applied to said License. The License was also renewed for several years prior thereto without restrictions. The only known restrictions placed on the license were in 1986.
(C) There was no evidence presented that any complaints were filed against the Licensee or any of its employees for violation of any State law or the rules and regulations of the New Jersey State Division of Alcoholic Beverage Control (ABC). The Township Committee, as issuing authority, takes judicial notice of the fact that said License has never been suspended and that no disciplinary proceedings are pending as of the date of the renewal thereof.
(D) Objector, Scott Buehler, testified under oath that he has lived down the street from the licensed premises at #1 S. Bayview Drive for ten years. He testified that he wants the outside music to end at 10:00 P.M. He also complained about a parking problem in front of his home generated by patrons of the Deauville Inn. Curtis McDaniel testified under oath that he has lived at 9 S. Bayview Drive for thirty years and would like to curtail the noise to an earlier time.
(E) Linda Scanlon-Brown testified on behalf of the Deauville Inn. She indicated that she is a principal of the corporation as well as the general manager. She testified that on Thursday nights from 7:00 p.m. to 10:00 p.m. a steel drummer plays on the sand area behind the building; and on Saturday and Sunday from 1:00 p.m. until 5:00 p.m. there is a singer/guitarist on the deck area; and that there is quiet dinner music playing in the dining room area. She testified that in an effort to eliminate noise from late night diners and outside smokers she drops a heavy vinyl curtain on the south side of the deck area. She testified that she is sensitive to her neighbors and has eliminated the dinner paging system and replaced it with pocket pagers. She testified that she purchased an adjacent lot to eliminate parking problems. Ms. Brown indicated that the installation of the pocket paging system and the purchase of the adjacent lot were done voluntarily in an effort to avoid inconvenience to surrounding property owners.
(F) Amy Lombardo testified she lives across from the Deauville Inn and does not hear music at night. She testified she does not object to the license renewal.
(G) Following the conclusion of the testimony, the Committee indicated that the Deauville Inn has undertaken voluntary efforts, not only at this time but in previous years as well, to minimize the impact of the Deauville operation on the immediate neighborhood and that testimony as to the noise and music generated and the time it is concluded was not unreasonable and did not constitute any violation of any State or local law nor did it violate any ABC regulations.
(H) Based on the foregoing, it factually appears that the Deauville Inn is properly and responsibly managed. There is no evidence of any activities or conduct which show a violation or disregard of State law regulating the sale and consumption of alcoholic beverages on licensed premises, nor is there anything to suggest any violation of the rules and regulations of the Division of Alcoholic Beverage Control.
(I) It is to be noted that the nature of the objections to the renewal of this License involve alleged noise and parking congestion. These types of issues could be said of almost any restaurant operating in a seashore community during the summer months. It is to be further noted that these types of complaints are applicable to restaurants which are not licensed to sell alcoholic beverages. The fact that the Deauville Inn is licensed to sell alcoholic beverages does impose a higher standard on the management of such an operation, but there is nothing to suggest that management has been derelict or irresponsible in discharging its duties and responsibilities. The fact that there is music and some parking congestion do not impact on the fitness of the Licensee to have and hold a Plenary Retail Consumption License.
(J) The record in this case discloses that the Licensee does everything within its power to control the setting so that the patrons do not interfere with the lifestyle of the neighbors in the immediate vicinity.
3. That based on the foregoing findings of fact, the Plenary Retail Consumption License for the Deauville Inn shall be renewed for the License term July 1, 2007 to June 30, 2008 and without restriction.
BE IT FURTHER RESOLVED that this Resolution ratifies, confirms and approves action taken by the Township Committee on June 11, 2007, at which time said License was renewed for the ensuing License Year.
Resolution No. 141-2007
Offered by: Camp , Seconded by: Conrad
Adopted: June 25, 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. 142-2007
RE: PROVIDING FOR THE REMOVAL OF THE DESIGNATION OF THE BEESLEYS POINT SECTION OF THE TOWNSHIP AS AN AREA IN NEED OF REDEVELOPMENT
___________________________________________________________________________
WHEREAS, the Township of Upper, pursuant to Resolution No. 192-2005 adopted October 24, 2005 and Resolution No. 090-2006 adopted April 10, 2006, determined that a certain area in the Beesleys Point section of the Township be designated as an area in need of redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the Redevelopment Law); and
WHEREAS, the Township Committee of the Township of Upper has determined that the subject property previously identified by the Township in need of redevelopment pursuant to the Redevelopment Law, given current circumstances, is not an area in need of redevelopment at this time; and
WHEREAS, the Township desires to remove the designation of the Beesleys Point section of the Township as an area in need of redevelopment pursuant to the Redevelopment Law.
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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The area previously determined by the Township to be a redevelopment area pursuant to the Redevelopment Law as set forth in Resolution No. 192-2005 adopted October 24, 2005 and Resolution No. 090-2006 adopted April 10, 2006 is hereby removed as an area in need of redevelopment. The map prepared by Maser Consulting, P.A. dated August 2005, revised December 14, 2005, and attached hereto setting forth Redevelopment Area A For Development and Redevelopment Area B To Be Preserved identifies said areas and same are hereby removed as areas in need of redevelopment pursuant to the Redevelopment Law. All such actions taken by the Township with regard to the designation of said areas as in need of redevelopment are hereby revoked and removed.
SEQ ì_0 \* Arabic \n3. The Township specifically reserves the right in the future to designate this or any other area in the Township as an area in need of redevelopment pursuant to the Redevelopment Law. The removal of the subject property from the designation of an area in need of redevelopment shall in no way prejudice the future right of the Township to designate same as an area in need of redevelopment.
SEQ ì_0 \* Arabic \n4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary to carry into effect the intent and purpose of this Resolution.
SEQ ì_0 \* Arabic \n5. A certified copy of this Resolution shall be sent to the Commissioner of the New Jersey Department of Community Affairs.
Offered by: Corson Seconded by: Newman
Adopted: June 25, 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. 143 -2007
RE: AUTHORIZING A USA TRIATHLON ASSOCIATION SANCTIONED INTERNATIONAL DISTANCE RACE TO BE HELD IN TUCKAHOE,
NEW JERSEY ON SATURDAY AUGUST 4, 2007
____________________________________________________________
WHEREAS, George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, have submitted a proposal to the Upper Township Committee requesting authority to hold an international distance race in Tuckahoe, New Jersey on August 4, 2007 which will consist of a run course, and a bicycle course, with activities commencing at 8:00 a.m., as more particularly specified in their proposal, a copy of which is attached hereto as Exhibit A;
WHEREAS, the run segments will travel through the New Jersey Division of Fish and Wildlife Tuckahoe Corbin Management Area and the bike segment will utilize roads in both Upper Township and Woodbine Borough; and
WHEREAS, the proposed event is sanctioned and insured by the USA Triathlon Association; and
WHEREAS, a transition area is proposed at Mosquito Landing Beach and Road to operate as the site of Registration, Start and Finish of the race; and
WHEREAS, the event organizers have represented that approvals shall be obtained from the New Jersey State Police, the New Jersey Division of Fish and Wildlife, the Borough Of Woodbine and any all other governmental agencies or entities having any jurisdiction or interest in the race or race course; 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 Township Committee does hereby grant approval, to the extent that it has jurisdiction to do so, to George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com for the race event to be held on August 4, 2007 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 George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com. These sponsors have no connection, direct or indirect, with the Township of Upper or any of its officials or employees. These sponsors shall not, in any way, directly or indirectly, represent that the race 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 race, it must be made clear that the event is not and shall not be considered a Township of Upper sponsored or sanctioned event.
(B) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, must provide general comprehensive liability insurance in form and substance satisfactory to the Township of Uppers Risk Management Consultant. Said insurance shall include a medical expense limit. A Certificate of Insurance shall be provided to the Township Clerk no later than July 17, 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) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, 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 Fish and Wildlife or the New Jersey Division of Parks and Forestry of the Department of Environmental Protection.
(iv) the Borough Of Woodbine.
(v) the Upper Township Rescue Squad.
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 17, 2007.
(D) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com 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 Townships 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. 143 -2007
Offered by: Conrad Seconded by: Camp
Adopted: June 25, 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. 144 -2007
RE: AUTHORIZING A USA TRIATHLON ASSOCIATION SANCTIONED INTERNATIONAL DISTANCE RACE TO BE HELD IN BEESLEY’S POINT,
NEW JERSEY ON SUNDAY AUGUST 19, 2007
____________________________________________________________
WHEREAS, George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, have submitted a proposal to the Upper Township Committee requesting authority to hold an international distance race in Beesley’s Point, New Jersey on August 19, 2007 which will consist of a run course, bike course and a swim course, with activities commencing at 7:00 a.m., as more particularly specified in their proposal, a copy of which is attached hereto as Exhibit A;
WHEREAS, the run segments will travel NJSH Route 9 and the bike segment will utilize Township, County and State roads in Upper Township; and
WHEREAS, the proposed event is sanctioned and insured by the USA Triathlon Association; and
WHEREAS, a transition area is proposed at Beesley’s Point Beach and Harbor Road to operate as the site of Registration, Start and Finish of the race; and
WHEREAS, the event organizers have represented that approvals shall be obtained from the New Jersey State Police, and any all other governmental agencies or entities having any jurisdiction or interest in the race or race course; 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 Township Committee does hereby grant approval, to the extent that it has jurisdiction to do so, to George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com for the race event to be held on August 19, 2007 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 George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com. These sponsors have no connection, direct or indirect, with the Township of Upper or any of its officials or employees. These sponsors shall not, in any way, directly or indirectly, represent that the race 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 race, it must be made clear that the event is not and shall not be considered a Township of Upper sponsored or sanctioned event.
(B) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, must provide general comprehensive liability insurance in form and substance satisfactory to the Township of Uppers Risk Management Consultant. Said insurance shall include a medical expense limit. A Certificate of Insurance shall be provided to the Township Clerk no later than July 17, 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) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com, 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 Upper Township Rescue Squad.
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 17, 2007.
(D) George L. Reagan, Alejandra Jimenez and George A. Reagan, individually and trading as CityTri.com 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 Townships 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. 144 -2007
Offered by: Newman Seconded by: Corson
Adopted: June 25, 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. 145-2007
RE: APPROVING THE APPLICATION OF THE UPPER TOWNSHIP RESCUE SQUAD FOR A HIGHWAY COIN DROP
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WHEREAS, the Upper Township Rescue Squad, a non-profit corporation providing emergency rescue services, has made application to the Township Committee to hold a coin drop solicitation in Upper Township; and
WHEREAS, the Township Committee has approved the requests; and
WHEREAS, the request requires approval from the County of Cape May;
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 application of the Upper Township Rescue Squad to hold a coin drop within Upper Township on County Route 623 (Roosevelt Boulevard) and Vernon Avenue is hereby approved for the following date:
Saturday, July 28, 2007 from 8:00 a.m. to 4:00 p.m.;
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the Board of Chosen Freeholders of the County of Cape May. Resolution No. 145-2007
Offered by: Camp Seconded by: Newman
Adopted: June 25, 2007
Roll Call Vote:
NAME YES NO &