TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
REGULAR MEETING
OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Frank E. Conrad
Present
Curtis Corson
Present
Kristine Gabor
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also present were
Municipal Clerk Wanda Gaglione, Municipal Attorney Daniel Young, Chief Financial
Officer Barbara Spiegel and Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES -
March 22, 2010 Regular Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Frank Conrad,
Committeeman:
discussed the matter of eliminating the
School Crossing Guard from the 2010 budget.
He discussed that there was a question of whether the responsibility to
provide a crossing guard was a Township responsibility or a School Board
responsibility. He reported that after further review of the Statue it is the
responsibility of the Township. Mr. Conrad also discussed budget cuts with
regard to Capital Improvements. He thanked the Township Committee as well as the
Chief Financial Officer, Barbara Spiegel and the Township Auditor, Leon Costello
for all their diligent work in these difficult times to give our public a zero
purpose tax for another year.
Kristine Gabor,
Committeewoman:
Reported that the Recreation Committee
met on March 25th to discuss changes to their budget and to address
drainage issue at Amanda’s Field. Ms. Gabor also reported that she is now a
member of the Cape May County Animal Shelter Advisory Board as well as the Spay
and Neuter Sub-Committee. They met
on March 29th to discuss moving forward with the Spay and Neuter program. She
also reported that the Township is making plans to hold a fall rabies clinic in
the fall.
Jay Newman,
Committeeman: Discussed the
flooding and standing water situation in the Township, He reported that FEMA has
declared Cape May County a disaster area for the March 10th, 11th,
12th and 13th storm and funds may be available for
residents or businesses. He reported that the public can go to the FEMA website
to register and report any losses incurred and to see if they would be eligible
for reimbursement. The information is available at Township Hall and the link
for the FEMA website is also on the Township website. He also discussed an
addition made to the Shared Service agreement with Corbin City for Upper
Township to provide Municipal Court services.
The cost to Corbin City increased to $5,000.
Wanda Gaglione,
Municipal Clerk; reported that the
School Board Election would be held April 20, 2010 with the polls open from 2:00
to 9:00 P.M.
Daniel Young,
Municipal Solicitor:
reported that shortly there would be a
vacancy on the Zoning Board and the importance of filling the vacancy as soon as
possible.
He also reported
that EMS billing would require an amendment to the Ordinance, and that rules and
regulations can be changed with a resolution. He stated the matters to be
discussed in closed session were as follows:
Potential litigation re: Richnan group and Selective Insurance possible
settlement of a claim on a bond. Personnel matters and a litigation matter Re:
Citizens of Strathmere and Whale Beach; and litigation matters with regard to
tax appeals.
Paul Dietrich, Township Engineer: reported that brush collection from all the storm damage is winding down with leaf collection starting. There will be a follow-up the last week in April with another sweep of the Township for brush collection.
1. Introduction and First
Reading of Ordinance No. 003-2010, Re:
CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION
LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14).
TOWNSHIP OF
UPPER
CALENDAR
YEAR 2010
ORDINANCE
TO EXCEED THE MUNICIPAL BUDGET
APPROPRIATION LIMITS
(N.J.S.A. 40A: 4-45.14)
ORDINANCE NO. 003-2010
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et
seq., provides that in the preparation of its annual budget, a municipality
shall limit any increase in said budget to 0% unless authorized by ordinance to
increase it to 3.5% over the previous year’s final appropriations, subject to
certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may,
when authorized
by ordinance, appropriate the difference between the amount of its actual final
appropriation and the 3.5% percentage rate as an exception to its final
appropriations in either of the next two succeeding years; and,
WHEREAS, the Township Committee of the Township of Upper in the County of
Cape May finds it advisable and necessary to increase its CY 2010 budget by up
to 3.5% over the previous year’s final appropriations, in the interest of
promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Township Committee of the Township of Upper hereby
determines that a 3.5 % increase in the budget for said year, amounting to $
330,678.82
in excess of the increase in final appropriations otherwise permitted by the
Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Township Committee of
the Township of Upper hereby determines that any amount authorized hereinabove
that is not appropriated, as part of the final budget shall be retained as an
exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township
of Upper, in the County of Cape May a majority of the full authorized membership
of this governing body affirmatively concurring, that, in the CY 2010 budget
year, the final appropriations of the Township of Upper shall, in accordance
with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %,
amounting to $ 330,678.82
and that the CY 2010 municipal budget for the Township of Upper be approved and
adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as
introduced be filed with the Director of the Division of Local Government
Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon
adoption, with the recorded vote included thereon, be filed with said Director
within 5 days after such adoption.
NOTICE
Ordinance 003-2010 was introduced at a regular meeting of the
Township Committee of the Township of Upper, held on April 12, 2010 and
will be further considered for final passage during a meeting of the Township
Committee, to be held at the Township Hall, Tuckahoe, New Jersey, on May 10,
2010, 7:30 p.m. at which time
a Public Hearing will be held.
Wanda Gaglione, Township Clerk
2.
Introduction of 2010 Budget.
Curtis Corson made motion, seconded by Frank Conrad to introduce the 2010
Municipal Budget. Municipal Clerk Wanda Gaglione read into the Minutes the
Municipal Budget Notice with a Public Hearing and Final Adoption of the Budget
and Tax Resolution for the year 2010 to be held May 10, 2010 at 7:30 P.M.
During roll call vote all five Committee members voting in the
affirmative to introduce the 2010 Budget.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.079-2010
RE: A RESOLUTION CONGRATULATING
LAUREN BURCH
ON HER WINNING SEASON AND BECOMING
THE NEW JERSEY BASKETBALL FREE THROW STATE CHAMPION
WHEREAS, Lauren
Burch has had an outstanding basketball season, winning the regional competition
for 13 year old girls for foul shooting in the South New Jersey District
Basketball Free Throw Championship event for the second consecutive year; and
WHEREAS,
Lauren also went on to win the 2010 New Jersey State Basketball Free Throw
Championship in Sayreville, New Jersey for the second consecutive year; and
WHEREAS,
it is appropriate that on behalf of the citizens of Upper Township we recognize
and congratulate Lauren; and
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee, on behalf of the citizens of the Township of Upper,
to extend to Lauren Burch congratulations on becoming the 2010 New Jersey State
Basketball Free Throw Champion.
GIVEN UNDER OUR HANDS
and the seal of the Township of Upper this 12th day of April, 2010.
Resolution No. 079-2010
Offered by: Corson
Seconded by:
Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_____ __________
__________ __________
Corson
___x_____ __________
__________ __________
Gabor
___x_____ __________
__________ __________
Newman
___x_____ __________
__________ __________
Palombo ___x_____
__________ __________
__________
TOWNSHIP OF UPPER
R E S O L U T I O
N
RESOLUTION NO.
080 –2010
___________________________________________________________________________
WHEREAS,
Civic Prayers and National Days of Prayer have a long and revered history in our
constitutional democracy, dating back to the First Continental Congress in 1775;
and
WHEREAS,
the Declaration of Independence, our first statement as Americans of national
purpose and identity, made “the Laws of Nature and Nature’s God” the foundation
of our United States of America and asserted that people have inalienable rights
that are God-given; and
WHEREAS,
the Supreme Court has affirmed the right of state legislatures to open their
sessions with prayer and the Supreme Court and the U.S. Congress themselves
begin each day with prayer; and
WHEREAS,
in 1988, legislation setting aside the first Thursday in May in each year as a
National Day of Prayer was passed unanimously by both Houses of Congress and
signed by President Ronald Reagan; and
WHEREAS,
the National Day of Prayer is an opportunity for Americans of all faiths to join
in united prayer to acknowledge our dependence on God, to give thanks for
blessings received, to pray for peace, to request healing for wounds endured;
and to ask God to guide our leaders and bring wholeness to the United States and
her citizens; and
WHEREAS,
it is fitting and proper to give thanks to God by observing a day of prayer in
the Township of Upper when all may acknowledge our blessings and express
gratitude for them, while recognizing the need for strengthening religious and
moral values in our State and nation;
NOW, THEREFORE, BE IT
RESOLVED by the
Township Committee of the Township of Upper,
that they designate
the first Thursday in May, 2010 as
“A DAY OF PRAYER IN UPPER TOWNSHIP”
and encourage the citizens of Upper Township to observe the day in ways
appropriate to its importance and significance.
GIVEN UNDER OUR
HANDS and
the seal of the Township of Upper this 12th day of April,
2010.
Resolution No.
080-2010
Offered by:
Newman
Seconded by: Conrad
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Corson
____x_____
__________ __________
__________
Gabor
____x_____
__________ __________
__________
Newman ____x_____
__________ __________
__________
Palombo
____x_____ __________
__________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 081–2010
RE: REASSIGNMENT OF CLERK TYPIST
PATRICIA SMYTH
FROM THE CLERK’S OFFICE
TO TAX OFFICE
_________________________________________________________________
WHEREAS, an unexpected vacancy occurred in the Tax Office and it has been determined that there is a need to have this position filled; and
WHEREAS, a recommendation was made to reassign a Clerk Typist from the Upper Township Clerk’s Office to the Upper Township Tax Office, 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. Clerk Typist, Patricia Smyth is hereby reassigned from the Clerk’s Office to the Tax Office.
3. In accordance with Civil Service guidance and recommendations no further administrative action is necessary to complete the reassignment.
4. The aforesaid reassignment is effective immediately with no change in employee’s current title, and no change in employee’s current salary in accordance with the Salary Ordinance.
5. Employee Patricia Smyth has agreed to the terms of the reassignment and has voluntarily accepted it.
Resolution No. 081-2010
Offered by: Corson Seconded by: Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad _x__ _____ _____ _____
Corson _x__ _____ _____ _____
Gabor _x__ _____ _____ _____
6. Appointing Susan R. Peifer as
employee to the Tax Office on an as-needed basis for the weeks of April 26, 2010
through May 10, 2010 for the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 082-2010
RE: APPOINTING SUSAN R. PEIFER
AS EMPLOYEE TO THE TAX OFFICE ON AN AS-NEEDED BASIS FOR THE WEEKS OF APRIL
26, 2010 THROUGH MAY 10, 2010
FOR THE TOWNSHIP OF UPPER
________________________________________________________________________
WHEREAS, a need exists to appoint a employee on an as needed basis for the weeks of April 26, 2010 to May 5, 2010 to assist in the Tax Office for the collection of taxes to insure an orderly day-to-day operation of the Township of Upper; and
WHEREAS, Susan R. Peifer possesses all of the requisite qualifications for appointment to said temporary position; 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:
2. The Township Committee hereby appoints Susan R. Peifer as employee on an as-needed basis for the Township of Upper to assist in the office of the Tax Collector at a salary of $35.5560 per hour; and
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 12th day of April, 2010.
Resolution No. 082–2010
Offered by: Conrad Seconded by: Corson
Adopted: April 12, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad _x__ _____ _____ _____
Corson _x__ _____ _____ _____
Gabor _x__ _____ _____ _____
Newman _x__ _____ _____ _____
Palombo _x__ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 083-2010
RE: APPROVING THE APPLICATION
OF THE MARMORA VOLUNTEER FIRE CO. FOR HIGHWAY COIN DROPS
________________________________________________________________
WHEREAS, the
Marmora Volunteer Fire Co., a non-profit corporation providing firefighting
services, has made application to the Township Committee to hold coin drop
solicitations in Upper Township; and
WHEREAS,
the Township Committee has approved the requests; and
WHEREAS,
the requests require approval
from the County of Cape May and the State of New Jersey;
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
Marmora Volunteer Fire Co. to hold a coin drop within Upper Township at the
Intersection of Roosevelt Boulevard from the Garden State Parkway South Exit and
South Entrance West to the end of the Plaza on the South Side of Roosevelt
Boulevard is hereby approved for the following dates:
Saturday, July 3, 2010, and
Saturday, July 24, 2010 from 9:00 a.m. to 3:00 p.m.;
AND
Saturday, August 14, 2010,and
Saturday, August 28, 2010 from 9:00 a.m. to 3:00 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 State of New
Jersey, Department of Transportation and the Board of Chosen Freeholders of the
County of Cape May.
Resolution No. 083-2010
Offered by: Corson
Seconded by: Palombo
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_x___ _____
_____
_____
Corson
_x___ _____
_____
_____
Gabor
_x___ _____
_____
_____
Newman
_____ _____
__x__
_____
Palombo
_x___ _____
_____
___
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 084-2010
RE: AUTHORIZING THE TOWNSHIP TO ENTER INTO A
CONTRACT AND/OR ISSUE PURCHASE ORDERS TO
COMPUTER HOUSE OF SOUTH JERSEY, 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 Of South Jersey, 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 Of South Jersey, 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
2010 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 Of South Jersey, LLC.
(A) 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, 2010
and ending June 29, 2011, at a cost of $4,995.00. A copy of the proposal dated
January 29, 2010 is attached hereto as Exhibit “A”.
(B)
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 “B”.
(C) 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, for a total annual cost of
$2,700.00. A copy of the proposal dated February 4, 2009, is attached hereto as
Exhibit “C”.
(D)
Acceptance of the proposal for Technical Services and Prepaid Support for
a cost of $1,000.00. A copy of the
proposal is attached hereto as Exhibit “D”.
3. This Resolution is awarded subject to and conditioned upon the following:
(i) Computer House Of South Jersey,
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 Of South Jersey, 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 Of South Jersey, 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 Of South Jersey,
LLC shall not be required to name the Township as an additional insured.
(iii) Computer House Of South Jersey, 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 Of South Jersey, 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 Of South Jersey, 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 Of South Jersey, 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 Of South
Jersey, 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 Of South Jersey, 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.
Offered by: Newman
Seconded by: Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
_x
______
Corson
_x
______
Gabor
_x
______
Newman
_x
______
Palombo
_x
______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 085-2010
RE: AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT WITH THE CITY OF
CORBIN CITY TO PROVIDE MUNICIPAL COURT SERVICES
___________________________________________________________________________
WHEREAS,
the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et. seq.,
(“Act”) provides that any local governmental unit may enter into a contract with
any other local governmental unit to provide or receive any service that each
local unit is empowered to provide or receive within its own jurisdiction; and
WHEREAS,
Corbin City has indicated a willingness to again enter into a Shared Services
Agreement with the Township of Upper to permit the Township to provide all the
usual and ordinary services of a Municipal Court for Corbin City; and
WHEREAS,
Corbin City and Upper Township have agreed to enter into a Shared Services
Agreement for a term of one year, commencing on May 6, 2010 and continuing
through May 5, 2011; and
WHEREAS,
the Township of Upper has deemed it would be in the best interest of the
residents of the Township to enter into a Shared Services Agreement with the
City of Corbin City for the sharing of Municipal Court operations with the
Corbin City Municipal Court.
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. SHARED SERVICES AGREEMENT.
Pursuant to the provisions of the Uniform Shared Services and Consolidation Act,
N.J.S.A. 40A:65-1 et. seq., the Township of Upper is hereby authorized and
empowered to enter into a Shared Services Agreement with Corbin City pertaining
to Upper Township providing Municipal Court Services to Corbin City.
2. SERVICES TO BE PROVIDED BY
CONTRACT. The Shared Services Agreement authorized in paragraph 1 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
Shared 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 seal of the Township of Upper.
4. COMPLIANCE WITH STATUTORY
REQUIREMENTS. The Shared Services Agreement between the Township of Upper
and the City of Corbin City shall meet and satisfy the requirements of
N.J.S.A. 40A:65-7, as may be amended and supplemented.
5. CONTRACT TERM. This
Resolution authorizes a Shared Services Agreement for a duration of one (1) year
from May 6, 2010, unless sooner terminated or modified by either of the parties
as provided in the Agreement.
6. 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.
7. REPEALER. All Resolutions
or parts of Resolutions inconsistent herewith are hereby repealed to the extent
of such inconsistency only.
8. EFFECTIVE DATE. This Resolution shall take effect immediately upon
final adoption and publication in the manner provided by law.
Resolution No. 085-2010
Offered by: Newman, Seconded by:
Conrad
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES NO
ABSTAINED
ABSENT
Conrad
x
Corson
x
Gabor
x
Newman
x
Palombo
x
Township
Attorney Young explained that the Resolution is essentially the same as last
year although it does ask them to provide clarifications and to execute a hold
harmless agreement.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 086-2010
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 Township solicited bids from several Firework Companies and has
selected Pyrotecnico, a Pennsylvania corporation; 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 shall comply with all terms and provisions of the Municipal
Excess Liability Joint Insurance Fund Bulletin MEL 10-08, dated January 30,
2010.
4. 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.
5. 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 Pyrotecnico, New Castle, PA, for the sum of
$6,000.00.
Resolution No. 086 -2010
Offered by: Conrad
Seconded by: Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES NO
ABSTAINED ABSENT
Conrad
x
____
Corson
x
____
Gabor
x
____
Newman
x
____
Palombo
x
____
TOWNSHIP
OF UPPER
CAPE MAY
COUNTY
R E S O L
U T I O N
RESOLUTION
NO. 087- 2010
RE:
AUTHORIZING THE GREATER TUCKAHOE AREA MERCHANTS ASSOCIATION 1ST
ANNUAL TOUR DE TUCKAHOE BIKE RIDE TO BE HELD AT AMANDA’S FIELD IN PETERSBURG,
NEW JERSEY
ON SUNDAY MAY 2, 2010
____________________________________________________________
WHEREAS, the
Greater Tuckahoe Area Merchants Association, Inc., of P.O. Box 656 Tuckahoe, NJ
08250, has submitted a proposal to the Upper Township Committee requesting
authority to hold an Bike rally in Petersburg, New Jersey on May 2, 2010 which
will consist of four different courses to accommodate riders of all levels, the
family ride which will circle Amanda’s Field 1.3 mile trail and for the advanced
rider a 16 mile, 40 mile or 62 mile ride, starting and ending at Amanda Field,
with Registration beginning at 7:30 a.m. bike ride commencing at 9:00 a.m. and
ending at 3:00 p.m. as more particularly specified in their proposal, a copy of
which is attached hereto as Exhibit A; and
WHEREAS,
the bike tour will travel NJSH Route 50 and will utilize Township, County and
State roads in Upper Township as described on maps attached hereto as Exhibit
“B”; and
WHEREAS,
the proposed event is sanctioned and insured by the Greater Tuckahoe Area
Merchants Association, Inc. copy of insurance certificate attached as Exhibit
“C”; and
WHEREAS,
the parking area and registration site for the event is proposed on Amanda’s
Field lots attached hereto as Exhibit “D”; and
WHEREAS,
the event organizers have represented that approvals have been 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 the Greater Tuckahoe Area Merchants Association, Inc.
for the Bike Ride event to
be held on may 2, 2010 as specified in this Resolution and in the accompanying
Exhibits subject to and conditioned upon the following:
(A)
The event described in this Resolution is carried out by the Greater
Tuckahoe Area Merchants’ Association, Inc.. 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)
Greater Tuckahoe Area Merchants’ Association, Inc., has provided general
comprehensive liability insurance in form and substance satisfactory to the
Township of Upper’s Risk Management Consultant. Said insurance includes a
medical expense limit. A Certificate of Insurance has been provided to the
Township Clerk, which the Risk Management Consultant of the Township of Upper
has approved Certificate of Insurance. Said Certificate of Insurance names the
Township of Upper, its officials, officers and employees, as an additional
insured.
(C)
Greater Tuckahoe Area Merchants’ Association, Inc., the event sponsors,
have obtained 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.
(iv)
Cape May
County Board of Chosen Freeholders.
The event
sponsors have provided written authorization from the above entities, including
any conditions required of said entities, to the Township Clerk.
(D)
Greater Tuckahoe Area Merchants’ Association, Inc., has
provided a Use of Facilities Agreement and 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 “E”. Setup for the event
will take place at 6:00 a.m. the morning of the event.
(E)The
approval granted herein is subject to all conditions and
stipulations as may be recommended or imposed by the Township’s Risk
Management Consultant or Insurance Representatives. The Township may revoke this
approval if the Event Sponsors fail to comply with any said condition or
recommendation or any other condition of this Resolution.
3. All
Township officials and officers are hereby authorized and empowered to take all
action deemed necessary or advisable to carry into effect the intent and purpose
of this Resolution
Resolution
No. 087-2010
Offered
by: Corson
Seconded by: Gabor
Adopted:
April 12, 2010
Roll Call
Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
___x______
__________ __________
__________
Corson
___x______
__________ __________
__________
Gabor
___x______ __________
__________
__________
Newman
___x______
__________ __________
__________
Palombo
___x______
__________ __________
__________
12.
Adopting Revised Upper Township Supervisor’s
Personnel Policies and Procedures Manual and Employee Handbook. Township
Solicitor Daniel Young explained that the changes to the manual were made at the
recommendation of Township Committee as well as pursuant to Municipal Joint
Insurance (JIF) guidelines.
TOWNSHIP OF UPPER
CAPE MAY
COUNTY
R E S O L U T I O N
RESOLUTION NO.
088 -2010
RE: ADOPTING
REVISED UPPER TOWNSHIP SUPERVISOR’S PERSONNEL POLICIES AND PROCEDURES MANUAL AND
EMPLOYEE HANDBOOK
_____________________________________________________________________________________
WHEREAS, the Township of Upper maintains an Employer Practices Loss Control Program approved by the Municipal Excess Liability Insurance Fund which requires the Township to review and update the Township Supervisor’s Personnel Policies and Procedures Manual and Employee Handbook; and
WHEREAS, the Township Committee of the Township of Upper has determined there is a need to adopt revised Personnel Policies, a revised Supervisor’s Personnel Policies and Procedures Manual and a revised Employee Handbook; and
WHEREAS, the Township Committee of the Township of Upper has reviewed and approved the Supervisor’s Personnel Policies and Procedures Manual and Employee Handbook attached hereto and has determined that same should be adopted to amend the existing Township Supervisor’s Personnel Policies and Procedures Manual and the Employee Handbook; 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 Supervisor’s Personnel Policies and Procedures Manual and Employee Handbook attached hereto are hereby adopted and approved and replace in their entirety existing personnel policies, procedures, manuals and handbooks of the Township.
3. The Supervisor’s Personnel Policies and Procedures Manual shall apply to all Township officials, appointees, employees, volunteers and independent contractors. In the event there is a conflict between these rules and any collective bargaining agreement, personal services contract or federal or state law, the terms and conditions of that contract or law shall prevail. In all other cases these policies and procedures shall prevail.
4. The manual is intended to provide guidelines covering public service by Township employees and is not a contract. The provisions of this manual may be amended and supplemented from time to time without notice and at the sole discretion of the Township Committee.
5. To the maximum extent permitted by law, employment practices for the Township shall operate under the legal doctrine known as “employment at will”.
6. 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. 088-2010
Offered by: Corson Seconded by: Conrad
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_______
__________
__________ __________
Corson
___x_______
__________
__________ __________
Gabor
___x_______
__________
__________ __________
Newman
___x_______
__________
__________ __________
Palombo
___x_______
__________
__________ __________
13. Appointment
of Thomas G. Smith, Esquire to act as Special Legal Counsel regarding matters
in
which the regular Township Solicitor may have a conflict of interest.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 089-2010
RE: APPOINTMENT OF THOMAS G.
SMITH, ESQUIRE TO ACT AS SPECIAL LEGAL COUNSEL REGARDING MATTERS IN WHICH THE
REGULAR TOWNSHIP SOLICITOR MAY HAVE A CONFLICT OF INTEREST
______________________________________________________________________________
WHEREAS, the
Township requires legal counsel to provide legal services in the event a
conflict of interest arises in regard to the services provided by the regular
Township Solicitor; and
WHEREAS,
a resolution is required authorizing the award of such contract for professional
services; and
WHEREAS,
the Township has decided to acquire the services of Thomas G. Smith, Esquire as
a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05;
and
WHEREAS,
Thomas G. Smith, Esquire has completed and submitted a Business Entity
Disclosure Certification which certifies that Thomas G. Smith, Esquire 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 Thomas G. Smith, Esquire 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. Thomas G. Smith, Esquire with offices at 2106 New Road, Linwood, New Jersey
is hereby appointed Special Legal Counsel to handle matters in which the regular
Township Solicitor has a conflict of interest as well as other matters directed
by the Township Committee.
3. This contract shall have a
commencement date as of the date of full execution thereof and shall continue
for the length of time necessary for completion of the aforesaid legal services,
unless sooner terminated by the Township of Upper, at the option of the Township
of Upper.
4. This Contract is awarded without
competitive bidding as a
Aprofessional
service@
in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public
Contract Law because Thomas G.
Smith, Esquire has professional knowledge as to legal matters which knowledge is
particularly valuable to the Township Committee and this service is acquired as
a non-fair and open contract pursuant to N.J.S.A. 19:44A-2.05.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded
the contract without competitive bidding as a professional service pursuant to
N.J.S.A. 40A:11-5(1)(a) to Thomas G. Smith, Esquire for legal services. This
contract and the resolution authorizing same shall be available for public
inspection in the office of the municipal clerk of the Township of Upper, State
of New Jersey.
5. A certificate from the Chief
Financial Officer of Upper Township showing the availability of adequate funds
for this contract and showing the line item appropriation of the official budget
to which this contract will be properly charged has been provided to the
governing body and shall be attached to this Resolution and kept in the files of
the municipal clerk.
6. The contractor has registered
with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided
proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to
execute, on behalf of the Township of Upper, a Professional Contract with Thomas
G. Smith, Esquire in accordance with the terms and provisions of the Local
Public Contracts Law, subject to and in accordance with the limitations imposed
herein. Upon execution of all parties thereto said contract shall become
effective.
8. A copy of this Resolution shall be published in the official newspaper of
the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be
effective as of adoption.
Resolution No. 089-2010
Offered by: Conrad
Seconded by: Newman
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_______
__________
__________ __________
Corson
___x_______
__________
__________ __________
Gabor
___x_______
__________
__________ __________
Newman
___x_______
__________
__________ __________
Palombo
___x_______
__________
__________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O
N
RESOLUTION NO.
090 -2010
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 SHORELINE MONITORING AND CONSULTING SERVICES FOR BEACH RELATED ISSUES
___________________________________________________________________________
WHEREAS,
the Township of Upper has received a proposal from Dr. David L. Carr on behalf
of the Coastal Research Center of the Richard Stockton College of New Jersey,
which proposal is dated April 2, 2010 and outlines shoreline monitoring services
to be performed on behalf of the Township during the calendar year 2010 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,
a Business Entity Disclosure Certification is not required since this contract
is with an agency of the state government; and
WHEREAS,
the Township has decided to acquire the services of Dr. Stewart C. Farrell of
the Coastal Research Center of the Richard Stockton College of New Jersey as a
non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05;
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. David L.
Carr on behalf of the Coastal
Research Center of the Richard Stockton College of New Jersey (hereinafter
collectively referred to as “Contractor”), dated April 2, 2010 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, 2010. 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 be
effective as of January 1, 2010.
Resolution No.
090-2010
Offered by: Corson
Seconded by: Newman
Adopted:
April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_______
__________
__________ __________
Corson
___x_______
__________
__________ __________
Gabor
___x_______
__________
__________ __________
Newman
___x_______
__________
__________ __________
Palombo
___x_______
__________
__________ __________
15.
Authorizing an agreement with Paymentech, LLC and
JP
Morgan Chase Bank, N.A. and authorizing
the creation of a separate bank account in order to process and facilitate the
TOWNSHIP OF
UPPER
CAPE MAY
COUNTY
R E S O L U T I O N
RESOLUTION NO.
091-2010
RE:
AUTHORIZING AN AGREEMENT WITH PAYMENTECH, LLC AND JP MORGAN CHASE BANK,
N.A. AND AUTHORIZING THE CREATION OF A SEPARATE BANK ACCOUNT IN ORDER TO PROCESS
AND FACILITATE THE ONLINE PAYMENTS OF PROPERTY TAXES
____________________________________________________________________________________
WHEREAS, the Township of Upper previously authorized the acceptance of online payments for property taxes pursuant to a program established by Edmunds & Associates, Inc.; and
WHEREAS, in order to accept credit or debit card payments of such taxes the Township must enter into an agreement with Paymentech, LLC and JP Morgan Chase Bank, N.A., in that regard; and
WHEREAS, the Township has determined that a separate bank account be established with TD Bank, N.A. to be utilized solely for such online property tax payments; and
WHEREAS, the proposed agreement with Paymentech, LLC and JP Morgan Chase Bank, N.A. as well as the establishment of the separate bank account with TD Bank, N.A. has been reviewed and approved by the Municipal Attorney in consultation with the Municipal Auditor.
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 agreement with Paymentech, LLC and JP Morgan Chase Bank, N.A., attached hereto as Exhibit A, is approved and the appropriate Township officers are directed to enter into and execute same.
3. The Township of Upper shall establish a separate bank account for the online payment of property taxes with TD Bank, N.A. and the appropriate officers of the Township are authorized to execute the new business account agreements and municipal corporate authorization resolutions attached hereto as Exhibit B.
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.
Resolution No. 091 -2010
Offered by: Conrad Seconded by: Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__x________
__________
__________ __________
Corson
__x________
__________ __________
__________
Gabor
__x________
__________
__________ __________
Newman
__x________
__________
__________ __________
Palombo
__x________
__________
__________ __________
16.
Public
Hearing and Final Adoption of Ordinance No. 002-2010, RE:
AN ORDINANCE AMENDING CHAPTER 9-7 OF THE REVISED GENERAL ORDINANCES OF
THE TOWNSHIP OF UPPER. (Re:
Skate park operations). During the public portion of the hearing there were no
speakers from the public. Motion
was made by Kristine Gabor to adopt the ordinance, seconded by Curtis Corson.
During roll call vote all five Committee members present voted in the
affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 002-2010
RE: ORDINANCE
AMENDING CHAPTER 9-7 OF THE
REVISED
GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER
_______________________________________________________________________
WHEREAS,
the Township of Upper (“TOWNSHIP”) operates a skate park (“PARK”) which is open
for use by the residents of the TOWNSHIP and Cape May County, and
WHEREAS,
the TOWNSHIP desires to amend certain ordinance provisions for the management,
use and enjoyment of the PARK, so as to permit the PARK to be used for bicycles
as well as skateboards and inline skates without an attendant present with the
condition that simultaneous use of bicycles and skating activities shall not be
permitted.
NOW,
THEREFORE, BE IT ORDAINED by the Township Committee in the Township of Upper,
County of Cape May and State of New Jersey as follows:
SECTION 1:
Chapter 9-7 of the Revised General Ordinances of the Township of Upper, also
known as the Code of Upper Township, shall be amended and supplemented as
hereinafter provided:
9-7.1
Recreation Committee to Promulgate Rules and Regulations. The
Recreation Committee of the Township of Upper is hereby empowered to promulgate
and adopt rules and regulations governing the use and operation of the Skate
Park (the
APark@)
owned and operated by the Township of Upper. Before taking effect, any rules and
regulations proposed to be adopted by the Recreation Committee shall be
submitted to the Township Committee for approval.
9-7.2
Posting of Rules and Regulations. The use restrictions set forth
in this Ordinance and any rules and regulations promulgated by the Recreation
Committee and approved by the Township Committee shall be appropriately posted,
either by sign or some other suitable device, so as to advise all persons
desiring to utilize the Park of the nature of the rules and regulations. Such
signs shall be approved by the Township Solicitor and Township’s insurance
carrier.
9-7.3
Use of the Park. The Park shall not be supervised by Township
personnel and a notice to this effect shall be prominently posted at the Park.
No motorized vehicles are permitted in the Park. Except on the bicycle and
jogging path, skateboarding and inline skating is prohibited on Township
property surrounding the skateboard park. There shall be no simultaneous use of
the Park by bicycles and skating activities. Signs will be posted at the Park
indicating separate useage days for either bicycles and scooters or skateboards
and inline skates. On any day that bicycles and scooters are permitted
skateboards and inline skates are prohibited and vise versa. Any special event
to take place at the Park shall be conducted by the Recreation Committee member
representing the Park and shall be for non-profit use only. Any outside company,
participant or promoter of the event must comply with all applicable Township
requirements for the use of Township facilities or for the use of the Park.
The approval of the Township Supervisor of Recreation is required.
9-7.4
Safety. All users are
required to wear shoes, helmets, kneepads, wrist guards and elbow pads. All
equipment must be worn to the manufactures recommendations. All users must skate
or ride safely, responsibly and act respectfully of each other.
9-7.4a
No use of the Park shall be permitted when equipment is wet or icy.
9-7.4b
The Township will determine from time to time the maximum capacity, which
may utilize the Park.
9-7.4c
No glass, radios or pets shall be permitted within the enclosed Park
area.
9-7.4d
Backpacks, bags, jackets and other articles of clothing and personal
belongings must be placed in an appropriate area, outside the enclosed Park
area, removed from the area where people skate, to avoid the possibility of
injury.
9-7.4e
The use of alcohol, drugs and tobacco are prohibited. Additionally
profanity, abusive language and vandalism are prohibited.
9-7.5
Days and Hours of Operation.
The Township Committee shall determine the hours of operation of the Park
from time to time. It is a
violation of this section to enter the Park at any time it is closed.
9-7.6
Supervision of Small Children.
Children under twelve (12) years of age must be accompanied by a
responsible adult at all times.
9-7.7 Violations of
Rules/Regulations. Any person
who violates this section or the Park rules and regulations shall be immediately
removed from the Park. In addition, any person convicted of violating the
provisions of this section or the Park rules and regulations shall be guilty
upon a first offense of a fine not to exceed One Hundred Dollars ($100.00) and a
second offense of a fine not to exceed Five Hundred Dollars ($500.00).
SECTION 2:
REPEALER: All ordinances or parts of ordinances which are in
conflict or inconsistent herewith are hereby repealed to the extent of any such
inconsistency or conflict only.
SECTION 3:
SEVERABILITY: If any section, paragraph, subdivision, subsection,
clause or provision of this Ordinance shall be adjudged invalid, such
adjudication shall apply only to the section, paragraph, subdivision,
subsection, clause or provision declared invalid and the remainder of this
Ordinance shall remain in full force and effect and shall be enforceable.
SECTION 4:
EFFECTIVE DATE:
This Ordinance will take effect immediately upon final adoption and publication
as required by law.
SECTION 5:
CODIFICATION:
This Ordinance shall be codified in Chapter 9-7 of the Upper Township.
NOTICE IS
HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A
MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22ND DAY
OF MARCH, 2010 AND WAS TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A
PUBLIC HEARING OF THE TOWNSHIP ON THE 12th DAY OF APRIL, 2010 AT 7:30 P.M. AT
THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF
THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA
GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF
UPPER
17.
Resolution: Approval of Skate Park
Rules and Regulations pursuant to Ordinance No.02-2010.
TOWNSHIP OF
UPPER
CAPE MAY
COUNTY
R E S O L U T I O N
RESOLUTION NO. 092-2010
RE: APPROVAL OF SKATE PARK RULES AND REGULATIONS
PURSUANT TO ORDINANCE 02-2010
___________________________________________________________________________________
WHEREAS,
the Township Committee of the Township of Upper recently adopted Ordinance
No. 02-2010 which amends and supplements Chapter 9-7 of the Revised General
Ordinances of the Township of Upper with respect to the use and operation of the
Upper Township Skate Park; and
WHEREAS,
the Township Committee of the Township of Upper desires to approve amended rules
and regulations for the management, use and enjoyment of the Upper Township
Skate Park; 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 hereby approves the revised Upper Township Skate Park rules
and regulations as set forth and attached as Exhibit A hereto.
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. 092 -2010
Offered by: Gabor
Seconded by: Corson
Adopted: April 12, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_______
__________
__________ __________
Corson
___x_______
__________
__________ __________
Gabor
___x_______
__________
__________ __________
Newman
___x_______
__________
__________ __________
Palombo
___x_______
__________
__________ __________
UPPER TOWNSHIP SKATE PARK RULES AND REGULATIONS
1. Open - 7 a.m. to dusk. Notice shall be posted at the Park that it is not supervised.
2. Closed in inclement weather or when ramps are wet.
3. Children under twelve (12) must be accompanied by a responsible adult.
4. Safety gear required when using Park: shoes, helmets, kneepads, wrist guards and elbow pads
5. The Park shall be used for skateboards and inline skates exclusively on Tuesday, Thursdays and Saturdays. No bicycles or scooters are permitted on Tuesdays, Thursdays and Saturdays.
6. The Park shall be used for bicycles and scooters exclusively on Mondays, Wednesdays, Fridays and Sundays. No skateboards or inline skates are permitted on Mondays, Wednesdays, Fridays and Sundays.
7. No motorized vehicles are permitted at any time.
8. No glass containers, radios or pets inside fenced area.
9. No personal belongings inside fenced area.
10.No alcohol, drugs or tobacco products.
11.No profanity or abusive language.
12.All park users must skate safely and act respectful of each other.
13.Any person who violates the park rules and regulations shall be removed from the Park and shall be subject to fines.
*****
18. Introduction and First Reading
of Ordinance No. 004-2010, RE: AN
ORDINANCE AMENDING ORDINANCE NO. 028-2009, KNOWN AS THE SALARY ORDINANCE FOR THE
CALENDAR 2010. Motion was made
by Curtis Corson, second by Jay Newman to introduce Ordinance 004-2010 with
Public Hearing and Final Adoption set for May 10, 2010.
During roll call vote all five Committee members voted in the
affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO.
004-2010
RE: AN
ORDINANCE AMENDING ORDINANCE NO. 028-2009, KNOWN AS THE SALARY ORDINANCE FOR THE
CALENDAR 2010
________________________________________________________________________
BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: Ordinance No.028-2009, known as the Salary Ordinance of 2010 is hereby amended as hereinafter provided:
SECTION 2: Salaries.
B. MUNICIPAL COURT:
Position Minimum Maximum-2010
Court Attendant (formerly Bailff) No Min. $200.00/session
. . . . . .
E. PUBLIC WORKS/RECREATION:
Position Minimum Maximum-2010
Carpenter’s Helper $12,500.00 $47,961.00
. . . . . .
H. GIFT CARD AWARD OR BONUS: In addition to the salary set forth in this Ordinance, the Township Committee, by resolution, may award as a bonus to any employee a gift card or gift cards not to exceed a total amount of $200.00 for the year. Said award shall be by resolution of the Township Committee setting forth the amount of the gift card bonus.
I. EDUCATIONAL CERTIFICATION PAY RAISE: In addition to the salary set forth in this Ordinance upon resolution of the Township Committee, the Township Committee may give an increase in salary of $1,000.00 to any employee that has satisfied educational certification requirements for his or her position in accordance with current Township policy. The Township Committee shall by resolution fix the pay increase in this regard and certify that the employee has satisfied the educational certification requirement.
SECTION 3: SEVERABILITY: If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.
SECTION 4: REPEALER: All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS
HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A
MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 12TH
DAY OF APRIL, 2010 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL
ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP ON THE 10TH
DAY OF MAY, 2010 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF
THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA
GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF
UPPER
18.
New Jersey Department of Transportation Re: No
Passing Zones along Route NJ 50, Mile Post 4.1 (Perry Road) and Mile Post 6.5
(Kendall Lane).
Motion by Frank Conrad, second by Jay
Newman with all five Committee members voting in the affirmative to approve the
request for a “No Passing” zone along Route NJ 50, between Mile Post 4.1 (Perry
Road) and Mile Post 6.5 (Kendall Lane).
NEW BUSINESS
20. Ocean City Crew Boosters,
Inc.---request to hold Off-Premise Raffle on June 25, 2010.
Motion to approve the request by Kristine Gabor, seconded by Richard
Palombo. During Roll call vote 4 Committee members voted in the affirmative. Jay
Newman abstained from voting.
21. Greater Tuckahoe Area
Merchants’ Association---request to hold On-Premise Raffle on May 2, 2010,
RA#368.
Motion to approve the request by Jay Newman, seconded by Frank Conrad with all
five Committee members voting in the affirmative.
22. New Jersey Ride Against Aids---request to hold bicycle ride through Upper Township the weekend of Sept. 24-26, 2010. Motion to approve the request by Richard Palombo, seconded by Frank Conrad with all five Committee members voting in the affirmative.
23. Municipal Engineer---request acceptance of the 2009 Stormwater Report and authorization for the Mayor to electronically sign and submit the report. Motion to accept the report and authorize the Mayor to electronically sign the report by Frank Conrad, second by Curtis Corson. During roll call vote all five Committee members present voted in the affirmative. A resolution will be placed on a future agenda.
24. Cape May County Department of Public Works—request to install storm drain pipe within Old Tuckahoe Road to improve drainage on CR 610. It was discussed that any approval may require that an ordinance be adopted by the Township Committee. Motion to grant Municipal approval and to take the steps necessary to move forward with the project moved by Frank Conrad; second by Curtis Corson with five Committee members present voting in the affirmative.
25. S. Todd Scarborough---request consideration of amendment to Township Ordinances with respect to offsite sanitary sewer collection and disposal and the Shop Rite Shopping Center development in Marmora. Motion to forward the request to the Planning Board for review by Curtis Corson seconded by Mayor Palombo. During roll call vote four Committee members voted in the affirmative. Frank Conrad abstained from voting.
UNFINISHED
BUSINESS:
Committeeman Curtis Corson then returned to the dais.
27.
Rue &
Fagan--request to vacate alley in Block 827 between Putnam and Randolph Avenues.
Motion by Jay Newman, second by Frank Conrad to grant the request to vacate the alley in Block 827 between Putnam and Randolph Avenues and to notice contiguous property owners. During roll call vote four Committee members voted in favor. Mr. Corson opposed the motion.
28. Construction Official---recommendation to increase Construction Code fees. Motion to defer the recommendation to increase construction code fees for 6 months by Curtis Corson, second by Jay Newman. During roll call vote all five Committee members voted in the affirmative.
PAYMENT OF
BILLS:
“I hereby move that all claims submitted for payment at this meeting be
approved and then incorporated in full in the minutes of this meeting.”
motion
was made by Curtis Corson, second by Frank Conrad with all five Committee
members present voting in the affirmative.
Bills submitted for payment:
$293,096.76
Reports are available from the Clerk’s Office.
PUBLIC COMMENT
There were no speakers from the public during the Public Comment section of the meeting.
CLOSED SESSION
37.
Resolution to conduct a closed meeting pursuant
to N.J.S.A. 10:4-12, from which the public shall be excluded.
Jay
Newman read the following motion and resolution into the record:
Resolution 093-2010
MOTION GOING INTO CLOSED SESSION
April 12, 2010
I hereby move that a resolution be incorporated into the minutes authorizing the Township Committee to enter into an executive session for the following matters pursuant to the Open Public Meetings Act:
MATTERS:
(1)
Potential litigation Richnan Group – claim settlement
(2)
Personnel Matters
(3)
Litigation – Citizens for Strathmere and Whale Beach.
(4)
Litigation – tax appeals
I also include in my motion the estimated time and the circumstances under which the discussion conducted in closed session can be disclosed to the public as follows:
A. It is anticipated that the matters discussed in closed session may be disclosed to the public upon the determination of the Township Committee that the public interest will no longer be served by such confidentiality.
B. With respect to employment and personnel matters such discussions will be made public if and when formal action is taken or when the individuals involved consent that it can be made public.
C. With respect to contract negotiations such matters will be made public when negotiations have ceased and there is no longer a reason for confidentiality.
D. With respect to litigation matters such discussions will be made public when litigation is complete and the applicable appeal period has expired.
Motion seconded by Frank Conrad with all five Committee members voting in the affirmative.
ADJOURNMENT
There was no
further business for this evening and the meeting was adjourned at 9:00 P.M.
Motion to adjourn the meeting made by Jay Newman, seconded by Frank Conrad, with
all five Committee members voting in the affirmative.
The next regular
meeting is scheduled for Monday May 10, 2010 at 7:30 P.M.
Wanda Gaglione, RMC
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