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
Absent
Richard Palombo
Present
Also present were
Municipal Clerk Wanda Gaglione, Finance Officer Barbara Spiegel, Municipal
Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES -
July 26, 2010 Regular Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Frank Conrad:
reported that Cape May County will hold
their Ninth annual Patriot Day September 11th at 1:00 pm at the
County Administration Building. He also reported that Governor Christie will be
visiting Cape May County on August 23rd and that more information on
that will be forthcoming.
Kristine Gabor:
reported on a recent Recreation
Committee meeting where they discussed facilities maintenance and various new
projects and funding that may be available for those projects. She also reviewed
with the Recreation Committee some ideas for procedural changes to their
committee and possible changes to the Recreation by-laws.
Ms. Gabor would like to meet with Township Attorney Dan Young and the
Township’s Risk Management Consultant to review the Township’s obligation and
liability concerning the Recreation Committee with respect to complaints and
issues. She would also like to look
into new procedures for the use of Township facilities such as charging a
facility use fee for any for-profit organization with the fee designated to
recreation maintenance. Ms. Gabor thanked the volunteer coaches, parents, and
players of Upper Township Football Association for painting the concession stand
at Caldwell Park. The Football Association will hold their first home game
September 11th at which time
they will honor Military and Law enforcement.
Curtis Corson:
reported that
the Road
Department has been working on various roads and drainage problems throughout
the Township and all appear to be working well.
Richard Palombo:
recognized Barbara
Spiegel for the successful completion of the educational course entitled
Principals in Public Purchasing; he also acknowledged the
Road Department
for a job well
done on the maintenance of various roads in the Township.
He made a motion
to approve
the annual Clean Ocean Action beach clean-up event of the Strathmere Beaches on
Saturday, October 23, 2010; seconded by Curtis Corson. During Roll call vote,
all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 173-2010
RE: HONORING SHAWN MONTGOMERY BRYAN ON
ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS,
Shawn Montgomery Bryan, 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
the Township Committee extends its sincere congratulations to Shawn on the
occasion of his receiving the designation of Eagle Scout and commends him for
this outstanding accomplishment and the completion of his Eagle Scout project
consisting of the designing and building of two large permanently-mounted maps
of the Tuckahoe Wildlife Management Area with public informational brochures
placed at each entrance of the refuge, as well as the placement of directional
signage throughout the park; and
FURTHER RESOLVED
that the Township Committee extends its congratulations and best wishes to
Shawn’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 9th day of August, 2010.
Resolution No. 174-2010
Offered by: Conrad
Second by:
Gabor
Adopted: August 9, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X__ _____
_____
_____
Corson
__X__ _____
_____
_____
Gabor
__X__ _____
_____
_____
Newman
_____ _____
_____
__X__
Palombo
__X__ _____
_____
_____
2.
Congratulating employee Richard Kaczmarski of the Upper Township Recreation
Department for his winning entry in the Upper Township Safety Award
Program
for the 3rd quarter of 2010.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO 174-2010
RE:
CONGRATULATING EMPLOYEE RICHARD KACZMARSKI
OF THE UPPER TOWNSHIP RECREATION DEPARTMENT
FOR HIS WINNING ENTRY IN
THE UPPER TOWNSHIP SAFETY AWARD PROGRAM
FOR THE 3rd QUARTER OF 2010
______________________________________________________________________
WHEREAS,
employee Richard Kaczmarski is recognized for his efforts to promote safety for
his fellow employees and residents of the Township through his participation in
the Upper Township Safety Award Program with a submission of a safety
suggestion; and
WHEREAS, Richard’s safety suggestion was chosen by the Upper
Township Safety Committee from the eight (8) entries submitted in the third
quarter for the promotion of safety for employees and the community; and
WHEREAS, Richard should be publicly recognized for reporting that
there was a broken rusted metal post at the playground at 2nd Avenue
in Beesley’s Point, which has been removed; 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.
That the Committee extends its appreciation and publicly recognizes Richard
Kaczmarski on his commitment to safety by his identifying a potential hazard and
presenting a solution through participation in the program.
2.
That the Committee, on behalf of our employees and the citizens of the Township
of Upper extend to Richard Kaczmarski our congratulations and present him with
the “Safety Day Award” of one day off with pay.
GIVEN
UNDER OUR HANDS
and the seal of the Township of Upper this 9th day of August, 2010.
Resolution No. 174-2010
Offered by: Gabor
Second by:Conrad
Adopted: August 9, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X__ _____
_____
_____
Corson
__X__ _____
_____
_____
Gabor
__X__ _____
_____
_____
Newman
_____ _____
_____
__X__
Palombo
__X__ _____
_____
_____
3. Appointment of Norman W. Briggs to act as Special
Legal Counsel.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 175-2010
RE: APPOINTMENT OF NORMAN W.
BRIGGS
TO ACT AS SPECIAL LEGAL COUNSEL
__________________________________________________________________
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 Norman W. Briggs, Esquire as
a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05;
and
WHEREAS,
Norman W. Briggs, Esquire has completed and submitted a Business Entity
Disclosure Certification which certifies that Norman W. Briggs, 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 Norman W. Briggs, 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. Norman W. Briggs, Esquire with
offices at 15 North Shore Road, Marmora, New Jersey is hereby appointed Special
Legal Counsel to handle matters in which the regular Township Solicitor has a
conflict of interest as 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 Norman W.
Briggs, Esquire has professional knowledge as to legal matters which knowledge
is particularly valuable to the Township Committee.
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 Norman W. Briggs, 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 Norman
W. Briggs, 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. 175 -2010
Offered by: Conrad
Seconded by: Corson
Adopted: August 9, 2010
Roll Call Vote:
NAME`
YES NO
ABSTAINED
ABSENT
Conrad
__X__ ____
____
____
Corson
__X__ ____
____
____
Gabor
__X__ ____
____ ____
Newman
_____ ____
____
__X_
Palombo
__X__ ____
____
____
4. Authorizing the extension of a Shared
Services agreement with the municipalities of
additional term of one (1) year commencing September 1, 2010 to August
31, 2011.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 176-2010
RE: AUTHORIZING THE EXTENSION OF A SHARED SERVICES
AGREEMENT WITH THE MUNICIPALITIES OF AVALON, SEA ISLE CITY
AND DENNIS TOWNSHIP FOR MASS CARE SHELTER FACILITIES
FOR AN ADDITIONAL TERM OF ONE (1) YEAR COMMENCING
SEPTEMBER 1, 2010 TO AUGUST 31, 2011
_____________________________________________________________________________
WHEREAS, pursuant to
Ordinance No. 8-1992 the Township of Upper was authorized to enter into a Shared
Services Agreement with the municipalities of Avalon, Sea Isle City and Dennis
Township for a mass care shelter facility; and
WHEREAS, the parties
desire to extend the term of such Agreement for an additional term of one (1)
year; and
WHEREAS, the matter has
been duly considered by the Township Committee, which has concluded that such
extension is in the public interest and will promote the public health, safety
and welfare.
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 Shared Services Agreement, dated August 28, 1992, entered into by the
municipalities of Avalon, Sea Isle City, Dennis Township and Upper Township for
a mass care shelter facility is hereby extended for an additional term of one
(1) year, commencing September 1, 2010 through and inclusive of August
31, 2011, upon the same terms and conditions, except that it shall now be
referred to as the Shared Services Agreement.
3.
Paragraph 6 of the Agreement of August 28, 1992 is hereby deemed amended
so that the Contract term will expire on August 31, 2011.
4.
This Resolution extending the term of the aforesaid Contract is
conditioned upon similar action being taken by the Governing Bodies of the
Borough of Avalon, the City of Sea Isle City and the Township of Dennis.
5.
All officers and officials of the Township of Upper are authorized,
directed and empowered to take such action as may reasonably be required or
necessary to carry out the intent and purpose of this Resolution.
6.
A certified copy of this Resolution shall be sent to each of the
municipalities who are parties to such Shared Services Agreement.
Resolution No.
176-2010
Offered by: Corson
Seconded by: Palombo
Adopted:
August 9, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X_______
__________ __________
__________
Corson
____X_______
__________ __________
__________
Gabor
____X_______
__________ __________
__________
Newman
_____________
__________ __________
_____X____
Palombo
_____X_______
__________ __________
__________
5.
Authorizing a USA Triathlon Association
Sanctioned International Distance Race to be
held
in Beesley’s Point, New Jersey on Sunday August 15, 2010.
The Committee discussed the traffic control plan to be used on Harbor
Road with Race Director and an officer of CityTri, Alejandra Reagan. It was
reported that a complaint was received from a resident on Harbor Road that
someone from the organization closed the road last year. The Committee
reiterated that at least one lane on Harbor Road must remain clear at all times.
Ms. Reagan assured the Committee that the participant list would not go
over 300, that Harbor Road would be open to traffic at all times, and that she
would have traffic control people stationed along the road to insure it stays
open.
CAPE MAY
COUNTY
R E S O L
U T I O N
RESOLUTION
NO. 177-2010
RE:
AUTHORIZING A USA TRIATHLON ASSOCIATION SANCTIONED INTERNATIONAL DISTANCE RACE
TO BE HELD IN BEESLEY’S POINT,
NEW JERSEY
ON SUNDAY AUGUST 15, 2010
____________________________________________________________
WHEREAS, George
L. Reagan, Alejandra Reagan and George A. Reagan, individually and trading as
CityTri Sports, LLC, of 322 2nd
Street, #3, Brooklyn, NY 11238,
have submitted a proposal to the Upper Township Committee requesting authority
to hold an international distance race in Beesley’s Point, New Jersey on August
15, 2010 which will consist of a run course, swim course, and a bike course,
with activities commencing at 7:30 a.m., as more particularly specified in their
proposal, a copy of which is attached hereto as Exhibit “A”;
WHEREAS,
the run segments will travel NJSH Route 9 and the bike segment will utilize
Township, County and State roads in Upper Township as described on maps attached
hereto as Exhibit “B”; and
WHEREAS,
the proposed event is sanctioned and insured by the USA Triathlon Association
copy of insurance certificate attached as Exhibit “C”; and
WHEREAS,
a transition area is proposed at Beesley’s Point Beach and Harbor Road to
operate as the site of Registration, Start and Finish of the race; and
WHEREAS,
a vehicle
management plan has been prepared with parking at Tuckahoe Inn,
Beesley’s Point Sea Doo, BL England property, and various neighborhoods,
plan, maps and letters of permission from businesses are 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 George L. Reagan, Alejandra Reagan and George A.
Reagan, individually and trading as CityTri Sports, LLC for the race event to be
held on August 15, 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 George L.
Reagan, Alejandra Reagan and George A. Reagan, individually and trading as
CityTri Sports, LLC. These sponsors have no connection, direct or indirect, with
the Township of Upper or any of its officials or employees. These sponsors shall
not, in any way, directly or indirectly, represent that the race is, in any way,
associated with or affiliated with the Township of Upper and shall make clear
that the event is carried out with all appropriate governmental and other
approvals. Although the Township of Upper has given permission, subject to the
terms of this Resolution, to these event sponsors to conduct the proposed race,
it must be made clear that the event is not and shall not be considered a
Township of Upper sponsored or sanctioned event.
(B)
George L. Reagan, Alejandra Reagan and George A. Reagan, individually and
trading as CityTri Sports, LLC, has provided general comprehensive liability
insurance in form and substance satisfactory to the Township of Upper’s Risk
Management Consultant. 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)
George L. Reagan, Alejandra Reagan and George A. Reagan, individually and
trading as CityTri Sports, LLC, 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)
George L. Reagan, Alejandra Reagan and George A. Reagan, individually and
trading as CityTri Sports, LLC has provided 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”.
(E)
George L.
Reagan, Alejandra Reagan and George A. Reagan, individually and trading as
CityTri Sports, LLC, the event sponsors, shall provide at least four (4) fully
certified lifeguard personnel for the event.
Copies of lifeguard certifications must be submitted to the Clerk’s
Office no later than one week prior to the event.
No “On Duty” Township lifeguards are to be used during this event, and no
Township equipment shall be used during this event.
Any off duty lifeguards utilized shall be the employees of the event
sponsors only and not of the Township.
(F)
The event is expressly limited to 300
participants only. Setup the
night before the event shall not take place until after 6:30 P.M. so as
not to interfere with the regular hours of operation of the Boat Ramp.
(G)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.
(H)
George L.
Reagan, Alejandra Reagan and George A. Reagan, individually and trading as City
Tri Sports, LLC have executed and provided to the Township of Upper an approved
Use of Facilities Agreement.
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. 177 -2010
Offered
by: Palombo
Seconded by: Conrad
Adopted:
August 9, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X_______ __________
__________ __________
Corson
____X_______
__________ __________
__________
Gabor
____X_______
__________ __________
__________
Newman
____________
__________ __________
_____X____
Palombo
____X_______ __________
__________ __________
6. Accepting the bid of and authorizing
the execution of a contract with Arawak Paving
Company, Inc. of Hammonton, NJ for the Resurfacing of Killdeer Hill Road
project, at a cost of $49,800.
TOWNSHIP OF UPPER
CAPE MAY
COUNTY
R E S O L U T
I O N
RESOLUTION NO.
178-2010
RE: ACCEPTING
THE BID OF AND AUTHORIZING THE
EXECUTION OF A
CONTRACT WITH ARAWAK PAVING COMPANY, INC.
OF HAMMONTON,
NEW JERSEY
FOR THE 2010
RESURFACING OF KILLDEER HILL ROAD,
AT A COST OF
$49,800.00
______________________________________________________________________________
WHEREAS, the Township of Upper has solicited bids for the 2010
resurfacing of Killdeer Hill Road, Petersburg, which bids were received on July
20, 2010; and
WHEREAS,
the two (2) lowest bidders Arawak Paving Company, Inc., and South State, Inc.
submitted bids for identical amounts of $49,800.
WHEREAS, Township Engineer, Paul Dietrich reported said results at the
regular meeting of the Township Committee held on July 26, 2010, and further
reported that in his professional opinion both Arawak Paving, Inc., and South
State, Inc. are equally responsible bidders; and
WHEREAS, at the meeting of July 26, 2010, the Township Committee
made a motion to authorize a coin toss to determine the successful bidder which
coin toss was held by the Township Engineer at 9:00 AM on August 5, 2010 at the
Upper Township Municipal Building; and
WHEREAS, those present at
the toss were James Pontari representing Arawak Paving; and Timothy
Larson representing South State and representatives from Upper Township present
were the Engineer, Paul Dietrich, the Township Clerk, Wanda Gaglione and the
Chief Financial Officer, Barbara Spiegel and the Deputy Clerk Barbara Young (to
record the Minutes of the event); and
WHEREAS, the winner of the coin toss was Arawak Paving Company, Inc., of
7503 Weymouth Road, Hammonton, NJ 08037; and
WHEREAS, the Chief Financial Officer of the Township of Upper has
certified the availability of funds attached hereto as “Exhibit B” in a
sufficient amount to award a contract for $49,800, the line item appropriations
to which the contract will be charged is Account Number
0-01-44-900-646-611; and
WHEREAS, the Township intends to take formal action awarding the bid to
Arawak Paving Company, Inc.;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Upper, in the County of Cape May and State of New Jersey, as follows:
1.
The allegations of the preamble are incorporated herein
by this reference.
2.
The Township Committee hereby accepts the bid submitted
by Arawak Paving Company, Inc. of 7503 Weymouth Road, Hammonton, New Jersey
08037, for the 2010 Resurfacing of Killdeer Hill Road, in the amount of $49,800,
subject to the following:
(A)
The Bidder shall comply with all Bid Documents, including the Notice to Bidders,
all of which are hereby incorporated herein by this reference.
(B)
The Contract to be entered into must comply in all
respects with applicable federal, state and local laws and regulations.
(C)
The Bidder has registered with the State of New Jersey
pursuant to c.57, Laws of 2004 and has provided proof of that registration to
the Township of Upper.
3. The Mayor and Township Clerk are
further authorized to execute a Contract with the successful bidder and/or the
Chief Financial Officer is hereby authorized, directed and empowered to issue a
Purchase Order to the successful bidder in the amount authorized in this
Resolution.
Resolution No. 178-2010
Offered by: Corson
Seconded by: Gabor
Adopted: August 9, 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. 179-2010
RE: RESOLUTION SUPPORTING AN AMENDMENT TO THE PROVISIONS OF
N.J.S.A. 18A:38-8.1 TO ALLOW A SENDING DISTRICT REPRESENTATIVE TO VOTE ON
INTERNAL MATTERS OF STRUCTURE AND PROCEDURE AT A RECEIVING DISTRICT’S BOARD OF
EDUCATION
____________________________________________________________________
WHEREAS,
the Upper Township Board of Education (the “UTBE”) is party to a “send/receive”
relationship with the Ocean City Board of Education (the “OCBE”) pursuant to the
provisions of N.J.S.A. 18A:38-8.1 et seq:; and
WHEREAS,
by virtue of the provisions of N.J.S.A. 18A:38-8.1 the UTBE is
represented by three (3) voting members on the OCBE; and
WHEREAS,
past practice has allowed the UTBE representatives to the OCBE to vote on
matters coming before the board pursuant to the provisions of N.J.S.A.
18A:38-8.1 as well as internal matters of structure and procedure affecting the
OCBE including but not limited to the election of the OCBE President and
Vice-President; and
WHEREAS,
this practice was consistent with well established case law from the office of
Administrative Law and the Commissioner of Education: and
WHEREAS,
the OCBE Solicitor has provided a written opinion to the members of the OCBE
that a recent court decision Evans v. Atlantic City Board of Education,
404 N.J. Super, 87 (App. Div. 2009) altered the established
administrative case law and deprived UTBE’s voting representatives the
opportunity to vote on internal matters of structure and procedure at the OCBE;
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. Hereby calls upon the New Jersey
Legislature to overturn the Appellate Divisions decision in Evans v. Atlantic
City Board of Education, 404 N.J. Super, 87 (App. Div. 2009) and to
restore, consistent with past administrative decision, the right of sending-
district representatives to vote on internal matters of structure and procedure
at a receiving-district’s board of education, including but not limited to the
election of the receiving-district’s board president and vice president.
2. The Township Committee hereby
expresses its full support of Upper Township Board of Education’s request that
the First District Legislative Representatives of the New Jersey State
Legislature introduce legislation to overturn Evans and restore a sending
district’s right to vote on internal matters of structure and procedure at a
receiving district’s board of education, including but not limited to the
election of the receiving-district’s board president and vice president.
3. A copy of this Resolution shall be forwarded to Governor Christopher
Christie, Senator Jeff Van Drew, Assemblyman Nelson Albano, Assemblyman Matthew
Milam, the New Jersey School Board Association, and the Upper Township Board of
Education.
Resolution No. 179-2010
Offered by: Conrad
Seconded by: Palombo
Adopted: August 9, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
____X______
__________
__________ __________
Corson
____X______
__________
__________ __________
Gabor
____X______
__________
__________ __________
Newman
___________
__________
__________ _____X____
Palombo
____X______
__________
__________ __________
CORRESPONDENCE
8.
Clean Ocean Action 25th
Annual Fall Beach Sweep in Strathmere on Saturday
October
23, 2010 – 9:00 am to 12:30 pm.
Motion to grant the request by Richard Palombo, second by Curtis Corson. During
roll call vote four Committee members present voted in the affirmative.
9. Frank H. Stewart Trust-Grant
opportunity-Purchase of Strathmere property.
Motion by Richard Palombo, second by Curtis Corson to authorize Paul Dietrich to
prepare a list of properties that may be eligible for the
Frank H. Stewart Trust-Grant opportunity.
During roll call vote all four Committee members present voted in the
affirmative.
10. R. Bonner—request for payment plan
for taxes and lien charges for Block 306, Lot 27.
Township Attorney, Daniel
Young did not participate in this matter to avoid any conflict. Conflict
attorney Norman Briggs is handling this matter and although not present this
evening he has asked that the Committee refer their recommendations to him. The
Committee discussed allowing Ms. Bonner to
devise a payment plan that would
meet the five-year criteria for total payment of taxes and lien charges plus
interest for Block 306, Lot 27. The Committee directed that Ms. Bonner contact
conflict attorney Norman Briggs to have a draft agreement and resolution
prepared for review and approval at a future meeting. Mayor Palombo directed the
Clerk to place the matter on a future agenda as unfinished business.
UNFINISHED
BUSINESS:
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 Frank Conrad, second by Richard Palombo.
During roll call vote the four Committee members present voted in the
affirmative.
Bills submitted for payment:
$173,014.26
Payroll:
$206,086.16
Reports are
available from the Clerk’s Office.
PUBLIC COMMENT
Ted Kingston of
5 East Willard Avenue, Strathmere asked
the Committee if they would consider making a public statement on the School
Budget. The response was that as a formal body the Committee has no legal
authority over the School Board.
CLOSED SESSION
RESOLUTION NO. 180-2010
MOTION GOING INTO CLOSED SESSION
August 9, 2010
MEETING
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:
Personnel matters
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.
Moved by: Kristine Gabor
Motion
seconded: Curtis Corson
During roll
call vote all four Committee members present voted in the affirmative.
Personnel matter
There being no further business this evening the meeting
was adjourned at 9:35 P.M. Next meeting scheduled for August 23, 2010 at 7:30
P.M.
Wanda Gaglione, RMC
Municipal Clerk
51915 08/09/10 A0002
A.E.STONE,INC. 370.14 2614
51916 08/09/10 A0004
A+ COMMERCIAL OFFICE CLEANERS 250.00 2614
51917 08/09/10 A0006
ADVANCE TREADS INC 599.00 2614
51918 08/09/10 A0020
ACU-THERM SUPPLY CO.,INC. 377.38 2614
51919 08/09/10 A0025
ADVANTAGE RENTAL ACE HARDWARE 784.52 2614
51920 08/09/10 A0042
ALL AMERICAN SPORTS CORP. 2,670.96 2614
51921 08/09/10 A0070
ALBERTSONS/ACME 81.64 2614
51922 08/09/10 A0081
ARMSTRONG, RALON I. 117.94 2614
51923 08/09/10 A0086
AT&T MOBILITY 264.29 2614
51924 08/09/10 A0091
ATLANTIC CITY ELECTRIC 13,512.94 2614
51925 08/09/10 A0114
A.E. STONE INC. 735.72 2614
51926 08/09/10 A0117
AT&T 34.25 2614
51927 08/09/10 A0163
ABSECON ELECTRIC MOTOR WORKS 2,596.00 2614
51928 08/09/10 A0165
ALBERTSONS ACME 73.56 2614
51929 08/09/10 B0035
BELMONT & CRYSTAL SPRINGS 50.79 2614
51930 08/09/10 B0091
BIRCHMEIER, JAMES 24.00 2614
51931 08/09/10 B0093
BARRY,CORRADO,GRASSI & GIBSON 6,436.06 2614
51932 08/09/10 B0191
BUGNI, BROOKE 55.00 2614
51933 08/09/10 C0005
CMC JR. FOOTBALL LEAGUE 3,500.00 2614
51934 08/09/10 C0011
CAPE OFFICE MACHINES & SERVICE 95.00 2614
51935 08/09/10 C0019
CITY OF OCEAN CITY 49,514.75 2614
51936 08/09/10 C0030
CAMP, BARBARA 83.77 2614
51937 08/09/10 C0046
CAPE MAY COUNTY CLERK 4,303.71 2614
51938 08/09/10 C0060
CAPRIONI'S PORTABLE TOILETS 1,551.00 2614
51939 08/09/10 C0068
COMCAST 389.36 2614
51940 08/09/10 C0071
CAPEHART & SCATCHARD, P.A. 16,815.61 2614
51941 08/09/10 C0105
CHIAPPINI,VIRGINIA 105.57 2614
51942 08/09/10 C0143
CODY'S POWER EQUIPMENT 29.95 2614
51943 08/09/10 C0201
CRUZAN'S TRUCK SERVICE INC. 895.75 2614
51944 08/09/10 C0223
CASA PAYROLL SERVICE 272.85 2614
51945 08/09/10 C0231
CARRACIOLO, DAVE 40.00 2614
51946 08/09/10 C0232
COSSABOONE, CHARLES 135.00 2614
51947 08/09/10 D0080
DOWNAM, HARRY J. JR. 141.95 2614
51948 08/09/10 E0012
EHRLICH PEST CONTROL INC 71.00 2614
51949 08/09/10 E0047
EFINGER SPORTING GOODS CO 1,106.63 2614
51950 08/09/10 F0048
FOGG, LESLIE INC. 285.49 2614
51951 08/09/10 F0050
FOREMOST PROMOTIONS 202.04 2614
51952 08/09/10 F0054
FORT DEARBORN LIFE INSURANCE 539.33 2614
51953 08/09/10 G0006
GARBUTT,PATRICIA A. 115.94 2614
51954 08/09/10 G0009
GAPVAX, INC. 319.71 2614
51955 08/09/10 G0028
GENTILINI FORD 542.79 2614
51956 08/09/10 G0094
GRUBB, JON 99.00 2614
51957 08/09/10 H0073
HOME DEPOT CRC/GECF 545.60 2614
51958 08/09/10 H0135
HANSON AGGREGATES 3,087.07 2614
51959 08/09/10 J0068
JOE'S BUTCHER SHOP 466.20 2614
51960 08/09/10 L0034
LAYTON, BRENDA MRS. 495.00 2614
51961 08/09/10 L0080
LOWES, INC. 1,265.63 2614
51962 08/09/10 M0013
M.A. GRAPHICS 993.25 2614
51963 08/09/10 M0017
MOORE MEDICAL CORP. 56.12 2614
51964 08/09/10 M0032
MARINE RESCUE PRODUCTS,INC. 135.00 2614
51965 08/09/10 M0046
MASON, DAVID 140.37 2614
51966 08/09/10 M0084
MIKE'S SEAFOOD 350.00 2614
51967 08/09/10 M0103
MODERN GAS COMPANY, INC. 629.33 2614
51968 08/09/10 M0121
McCROSSON, JANET 34.75 2614
51969 08/09/10 M0166
MOTOROLA 105.60 2614
51970 08/09/10 M0174
MCAFEE MEGAN 48.07 2614
51971 08/09/10 M0188
MCCARTHY TIRE SERVICE OF PHILA 341.19 2614
51972 08/09/10 M0217
MUNICIPAL EMERGENCY SERVICES 2,149.00 2614
51973 08/09/10 N0004
NJ-AMERICAN WATER CO. 173.70 2614
51974 08/09/10 N0043
NAPA AUTO PARTS OF S.JERSEY 111.14 2614
51975 08/09/10 O0025
OLD DOMINION BRUSH 440.00 2614
51976 08/09/10 P0008
PALMER, NANCY 171.00 2614
51977 08/09/10 P0032
PEDRONI FUEL CO. 2,792.83 2614
51978 08/09/10 P0050
PARSIO, ANTHONY 112.98 2614
51979 08/09/10 P0064
PITNEY BOWES 210.00 2614
51980 08/09/10 P0073
POGUE INC. 118.00 2614
51981 08/09/10 P0075
POSITIVE PROMOTIONS INC 241.05 2614
51982 08/09/10 P0123
POLE TAVERN EQUIP SALES CORP 317.25 2614
51983 08/09/10 Q0003
QC LABORATORIES 696.20 2614
51984 08/09/10 R0030
RIGGINS, INC. 8,777.48 2614
51985 08/09/10 R0096
RYAN, KATHY 50.00 2614
51986 08/09/10 S0001
SAM'S CLUB 401.41 2614
51987 08/09/10 S0016
SAMPSON, MICHELLE 24.00 2614
51988 08/09/10 S0020
AM SAN 556.20 2614
51989 08/09/10 S0056
SEASHORE ASPHALT CORPORATION 1,962.24 2614
51990 08/09/10 S0073
SENIOR TRAVEL SERVICE,INC. 995.00 2614
51991 08/09/10 S0109
SNAP-ON-INDUSTRIAL 705.83 2614
51992 08/09/10 S0126
SPIEGEL, BARBARA 155.00 2614
51993 08/09/10 S0193
STRYKER CORPORATION 896.07 2614
51994 08/09/10 S0196
STEWART BUSINESS SYSTEMS LLC 160.50 2614
51995 08/09/10 S0239
SHORE VET. ANIMAL CONTROL 2,100.00 2614
51996 08/09/10 T0022
TERMINIX 98.00 2614
51997 08/09/10 T0032
THE PRESS & SUNDAY PRESS 445.17 2614
51998 08/09/10 T0034
THE PAPER OF U.T./GAZETTE 688.00 2614
51999 08/09/10 T0044
THOMSON, KERRY AGENCY 968.75 2614
52000 08/09/10 T0067
TOWNSHIP OF UPPER PETTY CASH 46.14 2614
52001 08/09/10 T0129
TRUGREEN CHEMLAWN 3,640.00 2614
52002 08/09/10 U0024
UNIVERSAL COMPUTING SERV. INC. 679.40 2614
52003 08/09/10 U0048
U 1/2 2, INC 1,503.80 2614
52004 08/09/10 V0001
VCI EMERGENCY VEHICLE 440.00 2614
52005 08/09/10 V0013
VERIZON WIRELESS 302.93 2614
52006 08/09/10 V0022
VERIZON 2,364.40 2614
52007 08/09/10 V0024
VAL-U AUTO PARTS L.L.C. 553.08 2614
52008 08/09/10 W0050
WIRELESS ELECTRONICS, INC. 57.00 2614
52009 08/09/10 X0002
XEROX CAPITAL SERVICES,LLC 72.00 2614
52010 08/09/10 Y0008
YOUNG, DANIEL J. ESQUIRE PC 15,270.14 2614
52011 08/09/10 Y0020
YOUNG, BARBARA L. 36.00 2614
52012 08/09/10 Y0023
YOUNG, DANIEL J. ATTORNEY 2,625.00 2614
52013 08/09/10 Z0010
ZELINSKI, ALLISON 24.00 2614
-----------------------------------------------------------------------------------------------------------------------------------
Total paid $173,014.26