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 - April 23, 2007 Regular Meeting and
Moved by Frank Conrad, second by Richard Palombo to approve the Minutes as written. During roll call vote four Committee members voted in the affirmative, Mr. Newman abstained.
REPORT OF GOVERNING BODY MEMBERS
Barbara Camp, reported on the Department of Public Works in that they collected 575 tons of recyclables, and 77 tons of tree trimmings in the last two months. She reminded everyone that loose leaves are to be placed in paper bags at the curb for pickup. She reported that the Sanitary Inspector is issuing violation notices to residents, and along with the notices, he distributes information on the reason for the violation and copies of the new rules and regulations. There was discussion as to issuing penalties for violations of the solid waste ordinance. It was discussed that most residents comply after they are reminded of the new rules.
She reported on the projects worked on by the Carpenters, which included repair to the dock at the Beesley’s Point boat ramp, and various projects and repairs at the Community Center, Township Hall and Caldwell Park. The men also painted the stripes on all Strathmere intersections, completed a sign inspection, and installed speed humps on Ocean Avenue among other projects.
Curtis Corson, Deputy Mayor, asked if there was any news about the installation of the traffic signal light at Rt. 50 and Hope Corson Road. Mr. Dietrich will call the NJDOT as well as follow up with another letter to try and move the project along.
Jay Newman, moved to hire Justin Byrd for part-time seasonal help in the Recreation Department, Stephanie Turner as Skate Park Attendant, and Timothy Prince as substitute Skate Park Attendant. Curtis Corson seconded the motion with all five Committee members voting in the affirmative.
He also discussed the possibility of hiring a person to run the skate park, that he received such a proposal from Scott Guntz from Boardz and asked Mr. Young to review it. There was discussion that the park needs to be open more hours, that due to lack of staffing the park is being broken into regularly.
He discussed operating the skate park without an attendant, or creating a skate park association similar to what the other sports do. Brenda Layton reported that operating without an attendant would be approved by JIF only if the use of bikes were eliminated and appropriate signs were posted. Stephen Martinelli from the Recreation Committee agreed that users are breaking into the park and that it needs to be open more hours. Mr. Young advised the Committee that it may be necessary to bid for companies willing to run the park. Mayor Palombo directed that this matter be placed on the next agenda for further discussion.
Motion by Jay Newman second by Frank Conrad to authorize Patricia Garbutt and Paul Dietrich to request quotes for medical billing services for the Rescue Squad/Emergency Services. During roll call vote all five Committee members voted in the affirmative.
Richard Palombo, Mayor reported that he attended the Cape May County Conference on Tourism and that transportation and the condition of roadways in the county was a central part of the discussion. Concerns of those attending were the closing of the Beesley’s Point Bridge and the problems that would be faced with a mass evacuation of the county in the event of a weather emergency occurring during the summer months. He reported that the County Tourism organization will join municipalities and soon start campaigning to the NJDOT for improved infrastructure in Cape May County.
He reported on a letter he received from County Counsel Stephen O’Connor that the speed limit on Rt. 662 (roadway at the Elementary and Primary Schools and the Marmora Fire Company), would be lowered to 35 mph.
He reported on a request received to use the logo “UPR”. Mr. Young advised that the letter is unclear, however it does not appear that we own the logo.
He discussed a letter received from a resident living adjacent to Amanda’s Field reporting that visitors at the complex are using his property to exit the recreation complex. The Recreation Department will install fencing along his property line.
Paul Dietrich, Municipal Engineer requested authorization to bid for the following items: 1. The 2007 Paving Project; 2. Two (2) dump trucks; and 3. An emergency generator for the Community Center. Motion by Jay Newman, second by Curtis Corson with all five Committee members present voting in the affirmative.
He discussed a proposal from Gibson Associates to do the drafting of the tax map updates. They are currently the surveyor of record for our municipality and they certify and check revisions made to the tax map, however due to present workload and cost effectiveness Mr. Dietrich recommended that Gibson Associates do the tax map updates at $50 per hour. Motion by Jay Newman, second by Curtis Corson, during roll call vote four Committee members voted in the affirmative, and Frank Conrad abstained.
He asked that another resolution be added for this evening, which authorizes the Township of Upper to join other municipalities to apply for a $45,000 Share Grant from the State of New Jersey. The grant is to be used for a feasibility study for the development of regional solid waste and recycling collection programs. Upper Township will join Ocean City, Dennis Township, Sea Isle City and Avalon in this application. The resolution is printed below.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 100-2007
RE: RESOLUTION FOR A Feasibility Study of Regional Solid Waste/Recycling Collection
WHEREAS, the City of Ocean City and the Township of Upper, Township of Dennis, City of Sea Isle City and the Borough of Avalon, have agreed to apply for a SHARE (Sharing Available Resources Efficiently) Program Grant through the State of New Jersey SHARE Program in the amount of $45,000.00; and
WHEREAS, the City of Ocean City has agreed to be the lead agency in this program; and
WHEREAS, the State of New Jersey has made SHARE grants available to assist local units to study, develop and implement new shared and regional services; and
WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of the collection of solid waste and recycling that would be beneficial to all local units.
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 the Township of Upper does hereby join with the City of Ocean City in applying for a grant for the purpose of a feasibility study of such an endeavor; and
BE IT FURTHER RESOLVED that Township of Upper agrees to provide a portion of the required local matching funds in the amount of $820.00 as its contribution to the study's costs.
Resolution No. 100-2007
Offered by: Corson Seconded by: Camp
Adopted: May 14, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x____ __________ __________ _________
Conrad __x____ __________ __________ _________
Corson __x____ __________ __________ _________
Newman __x____ __________ __________ _________
Palombo __x____ __________ __________ _________
Scope of Work
Feasibility Study of Regional Solid Waste/Recycling Collection
Ocean City, Sea Isle City, Avalon, Dennis Township and Upper Township are interested in conducting a feasibility study of regional services. Ocean City and Avalon currently contracts with the private sector for these services while the remaining municipalities provide public services. This study would be limited to curbside collection in each town. The study should be completed within 60 days of authorization of a contract.
The study will include three tasks:
Interested consultants shall provide a timeframe for completion of each task, cost and man-hour breakdown per task, and a not to exceed costs for all services outlined above. Also provide experience from similar projects and at least three references.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 101-2007
RE: HONORING CHRISTIAN D. HALPIN ON ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS, Christian D. Halpin, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; and
WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
RESOLVED THAT this Township Committee extends its sincere congratulations to Christian on the occasion of his receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Christian’s parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 14th day of May, 2007.
Resolution No. 101-2007
Offered by: Conrad, Seconded by: Newman
Adopted: May 14, 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. 102-2007
RE: A RESOLUTION SUPPORTING THE RESTORATION OF
TOURISM FUNDING IN THE STATE FY 2008 BUDGET TO THE ORIGINAL AMOUNT DEDICATED TO ADVERTISING AND PROMOTION
IN THE STATE FY 2006 BUDGET
WHEREAS, on March 30, 2007, the Assembly Tourism and Gaming Committee held a hearing where testimony was given from many sectors of the tourism community regarding the future of this vital industry in the State of New Jersey; and
WHEREAS, another hearing was held on May 10, 2007, to detail a more focused plan for tourism funding; and
WHEREAS, tourism is the second largest industry in the State generating over $37 billion in revenue per year and supporting over 500,000 jobs; and
WHEREAS, the tourism industry’s larger contribution to the quality of life for New Jersey’s citizens is felt everyday by both individual and corporate residents; and
WHEREAS, tourism is a driving force in generating revenue to the State budget through fees and taxes paid, in a large part, by non-residents; and
WHEREAS, those fees and taxes are to the benefit of every citizen in the State; and
WHEREAS, competition from other out of state destinations and attractions are ever increasing; and
WHEREAS, there is indisputable evidence of the relationship between revenue spent in promoting tourism through advertising and marketing and the success of a tourism destination; and
WHEREAS, New Jersey ranks in the bottom of money dedicated to marketing the State’s tourism industry as compared to other states and even some local destinations; and
WHEREAS, the tourism industry, through the establishment of an occupancy tax on each room night spent in the State’s lodging properties, is currently self-funding not only the advertising and promotion activities of the State’s Tourism Office but also the arts and history grants program; and
WHEREAS, the State has dedicated that revenue to tourism advertising and promotion in the establishment of the occupancy tax; and
WHEREAS, last year’s State budget drastically reduced that amount.
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 Upper Township supports the restoration of the original amount dedicated to tourism advertising and promotion as evidenced in the FY 2006 State budget of $12.25 million; and
BE IT FURTHER RESOLVED that the increase over the proposed FY 2008 amount of $2 million be dedicated to funding regional Destination Marketing Organizations as established through industry standard practices for operation.
BE IT FURTHER RESOLVED that copies of this Resolution be sent to Governor Jon Corzine, the Senate Budget and Appropriations Committee Chairman Bernard F. Kenny, the General Assembly Budget Committee Chairman Louis Greenwald, Senator Nicholas Asselta, Assemblyman Jeff Van Drew and Assemblyman Nelson Albano.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 14th day of May, 2007.
Resolution No. 102-2007
Offered by:Corson Seconded by:Camp
Adopted: May 14, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x__ __________ __________ _________
Conrad ____x__ __________ __________ _________
Corson ____x__ __________ __________ _________
Newman ____x__ __________ __________ _________
Palombo ____x__ __________ __________ _________
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 103-2007
RE: RESOLUTION IN OPPOSITION TO ANY MUNICIPAL PAYMENT FOR THE USE OF THE NEW JERSEY STATE POLICE
AS THEIR POLICE PROTECTION
_________________________________________________________________
WHEREAS, past proposed State budgets included, and it is purported that the proposed State Budget for Fiscal Year 2008 will include an assessment to municipalities serviced by the State Police to consequently pay a portion of the costs; and
WHEREAS, Upper Township is a rural municipality with forty-six (46%) percent of its land publicly owned; and
WHEREAS, certain regulations such as CAFRA, Pinelands, and Wetlands severely limit development in Upper Township thus reducing the tax base; and
WHEREAS, Upper Township has no sanitary sewerage system and limited water delivery provided by a water utility, therefore requiring most property owners to maintain their own wells and septic systems, and as a result, restricting the amount of commercial property that is available for development, further reducing the tax base; and
WHEREAS, the State of New Jersey derives a considerable revenue source from the Township through fines collected for traffic summons, surcharges, and the Violent Crimes Compensation Board; and
WHEREAS, in recent years the duties of the New Jersey State Police have been expanded and State Troopers have been assigned to patrol duties in such areas as the City of Camden, the City of Atlantic City, the City of Newark, the City of Trenton and other areas, which are unaffected by this budget proposal; 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, as the Governing Body of the Township of Upper, hereby expresses its total and vehement opposition to any proposal by the State to implement a policy of charging rural communities for the use and services of the New Jersey State Police.
3. The Township Committee is of the further opinion that the services of the New Jersey State Police should continue to remain available to all residents of the State of New Jersey on the same terms and to the same extent that such services have been available in the past.
4. Copies of this Resolution shall be sent to:
Governor Jon Corzine
Attorney General of New Jersey Stuart Rabner
General Assembly Speaker Joseph J. Roberts, Jr.
Senator Nicholas Asselta
Assemblyman Jeff VanDrew
Assemblyman Nelson Albano
5. Copies of this Resolution shall also be sent to the Governing Bodies of:
Township of Dennis
Borough of Woodbine
Commercial Township
City of Corbin City
Deerfield Township
Downe Township
City of Estell Manor
Fairfield Township (Cumberland County)
Borough of Folsom
Greenwich Township (Cumberland County)
Hopewell Township (Cumberland County)
Lawrence Township (Cumberland County)
Maurice River Township
City of Port Republic
Borough of Shiloh
Stow Creek Township
Upper Deerfield Township
Weymouth Township
Resolution No. 103-2007
Offered by: Camp Seconded by: Corson
Adopted: May 14, 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. 104-2007
RE: AUTHORIZING THE MAYOR TO SIGN THE NEW JERSEY DEPARTMENT OF TRANSPORTATION’S LOCAL BIKEWAY PROGRAM GRANT APPLICATION
_________________________________________________________________
WHEREAS, the Township of Upper wishes to take advantage of the New Jersey Department of Transportation’s Local Bikeway Program Grant Application; and
WHEREAS, the Township Committee fully supports and
endorses the actions of the Township Engineer in his filing of the grant application.
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 of the Township of Upper is hereby authorized, directed and empowered to sign the New Jersey Department of Transportation’s Local Bikeway Program Grant Application outlined above.
3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution.
4. A certified copy of this Resolution shall be provided to the Township Engineer for insertion into the grant application.
Resolution No. 104-2007
Offered by: Camp Seconded by: Palombo
Adopted: May 14, 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. 105 -2007
RE: AUTHORIZING A PERMIT TO DEPOSIT DREDGE SOIL ON LOT 15, BLOCK 558, 3074 ROUTE 9, UPPER TOWNSHIP, NEW JERSEY
______________________________________________________________________________
WHEREAS, pursuant to Upper Township Code Section 15-2.3, the Township Committee of the Township of Upper has the authority to issue a permit to authorize the hauling and/or dumping of dredge soil in the Township; and
WHEREAS, Steven Anthony, Edward Plantan and Jean Plantan have made application to the Township Committee for a permit for the reuse of dredge soils and fill material for Lot 15, Block 558 on the Upper Township Tax Map, commonly known as 3074 Route 9, Upper Township, New Jersey; and
WHEREAS, this application was heard by the Township Committee at its regular meeting on April 23, 2007; and
WHEREAS, the Township Engineer has reviewed the application as well as the Environmental Impact Statement prepared on behalf of the applicants and has inspected the subject property and dredge soils; and
WHEREAS, the Township Engineer has reported to the Township Committee that there is no indication of any deleterious effect upon the health, safety and/or welfare of the people of the Township with respect to the proposed activities, noting that the New Jersey Department of Environmental Protection permit indicates the dredge soils are clean fill; and
WHEREAS, the Township Committee of the Township of Upper has determined that a permit be issued for the proposed activities subject to the conditions contained herein.
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:
I. The allegations of the preamble are incorporated herein by this reference.
II. A permit shall be issued to Steven Anthony, Edward Plantan and Jean Plantan to permit the hauling and deposit of dredge soil at Lot 15, Block 558, Upper Township, New Jersey subject to the following conditions:
a. An appropriate affidavit of notice and proof of notice must be filed with the Township confirming proper notice of the hearing which took place on April 23, 2007 in accordance with Township ordinance requirements.
b. The applicants must pay to the Township Clerk the required fee pursuant to Upper Township Code Section 15-2.4.
c. The activities authorized are strictly limited to those set forth in the application submitted to the Township Committee. No other authority is granted by implication or otherwise.
III. The Township Committee hereby determines that the hauling and dumping of dredge soil as applied for shall not have a deleterious effect upon the health, safety and/or welfare of the people of the Township.
IV. The authority granted by this permit authorizes only the hauling and dumping of dredge soil that has occurred to date. Any further activities must receive a subsequent permit.
V. 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. 105 –2007
Offered by: Camp Seconded by: Conrad
Adopted: May 14, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x
Conrad x
Corson x
Newman x
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 106-2007
RE: AUTHORIZING THE APPROVAL AND EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT WITH THE COUNTY OF CAPE MAY TO PROVIDE MUTUAL AID AND GENERAL SERVICES
_________________________________________________________________
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 Cape May County Department of Facilities and Services owns various equipment and employs personnel to provide facility maintenance and related services; and
WHEREAS, the Township of Upper may, on occasion, require the use of the equipment owned and the services provided by the County of Cape May; and
WHEREAS, the Township Committee of the Township of Upper recognizes that the use of the County of Cape Mays equipment and services could be economically beneficial to the Township; and
WHEREAS, the Township Committee of the Township of Upper has deemed it would be in the best interest of the residents of the Township to enter into an Interlocal Services Agreement with the County of Cape May to provide mutual aid and general services.
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 County of Cape May City to provide mutual aid and general 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 County of Cape May 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. 106-2007
Offered by: Corson Seconded by: Palombo
Adopted: May 14, 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. 107-2007
RE: AUTHORIZING THE TOWNSHIP TO ENTER INTO A
CONTRACT AND/OR ISSUE PURCHASE ORDERS TO
COMPUTER HOUSE, LLC, 740 SOUTH SIXTH AVENUE,
GALLOWAY, NEW JERSEY 08205, FOR VARIOUS SERVICES
___________________________________________________________
WHEREAS, the Township of Upper has previously entered into a Professional Services Contract with Computer House, LLC to service Township computers and the Township wishes to extend and renew that Contract for an additional term; and
WHEREAS, the Township has also transferred past files and records to electronic storage under the rules and regulations and under the supervision of the State of New Jersey; and
WHEREAS, the rules and regulations of the State of New Jersey require certain tests and procedures to be made with respect to such electronic files and further requires that certain tests be performed at periodic intervals; and
WHEREAS, Computer House, LLC has the necessary expertise, technology and qualifications to perform such service and has demonstrated their capacity and competency in their past services with the Township; and
WHEREAS, the Chief Financial Officer of the Township has certified the availability of funds to allow the award of Contract for the purchase herein authorized and has certified that adequate funds have been appropriated for this purpose in the 2007 Municipal Budget;
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 authorize the following services to be provided by Computer House, LLC.
(A) A Technical Support Contract, in the annual amount of $1,000.00 minimum per year, is renewed for the term commencing April 1, 2007. A copy of the Technical Services Prepaid Support Contract dated April 17, 2007 is attached hereto as Exhibit “A”.
(B) Renewal of the Annual Maintenance/Annual Support Agreement for Alchemy versions upgrades, service patches, hot fixes, telephone technical support, one (1) on-site visit for up to four (4) hours and discounts of twenty percent (20%) on additional training and/or consulting, for a term commencing June 29, 2007 and ending June 29, 2008, at a cost of $4,995.00. A copy of the proposal dated April 17, 2007 is attached hereto as Exhibit “B”.
(C) Acceptance of the proposal for Preventive Maintenance Agreement for a cost of $95 per month (one year prepaid $1,140.00). A copy of the proposal is attached hereto as Exhibit “C”.
(D) Acceptance of the proposal for a bi-annual component‑level restoration of the Township of Upper’s Alchemy Database Server to conform to the Township’s IT Disaster Prevention/Recovery Plan for the certification of scanning and archiving of public records for the State of New Jersey Division of Archives and Records Management, to include bi-annual test cycle, and a one-time purchase of hardware, for a total annual cost of $4,922.95. A copy of the proposal dated April 17, 2007 is attached hereto as Exhibit “D”.
3. This Resolution is awarded subject to and conditioned upon the following:
(i) Computer House, LLC, in providing the services contemplated in this Resolution and in the attachments hereto, acknowledges that it is an independent contractor and not an employee of the Township. As such, Computer House, LLC, represents and warrants that it will maintain in full force and effect workers compensation coverage and disability coverage for all of its employees.
(ii) During the term of the Contract and any renewal or extension thereof, Computer House, LLC, will maintain in full force and effect the following insurance:
(a) Commercial general liability insurance on an occurrence basis with limits of liability of not less than $500,000.00 per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage.
(b) Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $500,000.00 per accident, combined single limit, bodily injury and property damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles.
(c) Computer House, LLC shall not be required to name the Township as an additional insured.
(iii) Computer House, LLC agrees to indemnify the Township and to hold it harmless from and against any and all damages, claims, losses and/or liabilities of any sort (including attorney’s fees), which the Township may incur as a result of the performances of services under this Resolution and the attachments hereto by Computer House, LLC or its agents, servants and employees.
(iv) Computer House, LLC acknowledges that it must comply with the Affirmative Action requirements of the State of New Jersey, which requirements are attached to this Resolution as Exhibit “E”.
(v) Computer House, LLC, 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.
(vi) Computer House, LLC, has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L. 2004, c.19 would bar the award of this contract and Computer House, LLC, shall not make any such reportable contributions during the term of this contract.
4. This Contract is awarded without competitive bidding for the reason that the aggregate of the amounts anticipated to be paid to Computer House, LLC. are under the current bid threshold for the State of New Jersey.
5. A copy of this Resolution, when signed by the authorized representative of Computer House, LLC, shall constitute a Contract executed in accordance with the requirements and provisions of the Local Public Contracts Law.
6. 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.
7. The Chief Financial Officer is hereby authorized, directed and empowered to issue a purchase order consistent with the intention and purpose of this Resolution. All other Township officers and officials are authorized to take such action as may be necessary or required in order to carry out the intent and purpose of this Resolution.
Resolution No. 107-2007
Offered by: Corson Seconded by: Camp
Adopted: May 14, 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
RE: AUTHORIZING THE MAYOR TO SIGN A
STATE OF NEW JERSEY GROUNDWATER MONITORING WELL PERMIT
FOR PROPERTY LOCATED AT BLOCK 476, LOT 1
IN THE TOWNSHIP OF UPPER
_________________________________________________________________
WHEREAS, the New Jersey Department of Transportation has requested signature on a Groundwater Monitoring Well Permit for the installation of two (2) groundwater monitoring wells as part of a groundwater investigation for property located at Block 476, Lot 1; and
WHEREAS, the monitoring wells will be situated within the northern portion of the right of way of Old Tuckahoe Road as indicated on the map attached hereto as Exhibit “A”; and
WHEREAS, the New Jersey Department of Environmental Protection’s Water Allocation Unit requires the signature of the property owner on all monitoring well permits, as the right of way is owned by Upper Township, a representative of Upper Township is required to sign the permit, a copy of which is attached hereto as Exhibit “B”.
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 of the Township of Upper is hereby authorized, directed and empowered to sign the Groundwater Monitoring Well Permit for the installation of two (2) groundwater monitoring wells.
3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution.
Resolution No. 108-2007
Offered by: Camp Seconded by: Corson
Adopted: May 14, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____x_______ __________ __________ __________
Conrad _____x_______ __________ __________ __________
Corson _____x_______ __________ __________ __________
Newman _____x_______ __________ __________ __________
Palombo _____x_______ __________ __________ __________
10. Chapter 159 resolution for the insertion of a special item of revenue into the 2007 Budget that was not determined at the time of the adoption of the Budget-N.J. Clean Communities Grant Program, in the amount of $1,861.14.
TOWNSHIP OF UPPERPRIVATE
RESOLUTION NO. 109 –2007
CHAPTER 159 RESOLUTION FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE INTO THE 2007 BUDGET THAT WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE BUDGET-STATE OF NEW JERSEY CLEAN COMMUNITIES GRANT PROGRAM IN THE AMOUNT OF $1,861.14
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WHEREAS, N.J.S. 40A-87 PROVIDES THAT THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES MAY APPROVE THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY WHEN SUCH ITEM SHALL HAVE BEEN MADE AVAILABLE BY LAW AND THE AMOUNT THEREOF WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE BUDGET, AND
WHEREAS, SAID DIRECTOR MAY ALSO APPROVE THE INSERTION OF AN ITEM OF APPROPRIATION FOR AN EQUAL AMOUNT, AND
WHEREAS, THE TOWNSHIP OF UPPER WILL RECEIVE $1,861.14 FROM THE STATE OF NEW JERSEY CLEAN COMMUNITY GRANT PROGRAM FOR A TOTAL APPROPRIATION OF $20,367.69 AND WISHES TO AMEND ITS 2007 BUDGET TO INCLUDE A PORTION OF THIS AMOUNT AS A REVENUE.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HEREBY REQUESTS THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2007 IN THE SUM OF $1,861.14 FOR A TOTAL GRANT OF $20,367.09 WHICH IS NOW AVAILABLE AS A REVENUE FROM:
REVENUE: STATE & FEDERAL REVENUE OFF-SET WITH APPROPRIATIONS:
N.J. CLEAN COMMUNITIES GRANT PROGRAM, AND
BE IT FURTHER RESOLVED THAT A LIKE SUM OF $1,861.14 FOR A TOTAL GRANT OF $20,367.69 BE AND THE SAME HERBY APPROPRIATED UNDER THE CAPTION OF:
APPROPRIATION: STATE AND FEDERAL PROGRAMS OFF-SET BY REVENUE:
N.J. CLEAN COMMUNITY GRANT PROGRAM
BE IT FURTHER RESOLVED, THAT THE TOWNSHIP CLERK FORWARD TWO COPIES OF THIS RESOLUTION TO THE DIRECTOR OF LOCAL GOVERNMENT SERVICES.
Resolution No. 109-2007
Offered by: Corson Seconded by: Camp
Adopted: May 14, 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
RE: AUTHORIZING THE MAYOR TO SIGN THE WOMEN’S HERITAGE TRAIL SIGNAGE PROGRAM AGREEMENT WITH THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE FOR THE PLACEMENT OF A SIGN IN UPPER TOWNSHIP THAT COMMEMORATES THE HEROIC ACT OF REBECCA STILLWELL WILLETTS DURING THE
REVOLUTIONARY WAR
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WHEREAS, the New Jersey State Historic Preservation Office requires signature on the Women’s Heritage Trail Signage Program Agreement (attached hereto as Exhibit “A”) for the placement of a sign in Upper Township that commemorates the heroic act of Rebecca Stillwell Willetts during the Revolutionary War; and
WHEREAS, the Township Committee fully supports and endorses
participation in this worthwhile project.