TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
CALL TO ORDER
ROLL CALL
David Bucciarelli Present
Curtis Corson Present
Andrew McCrosson Present
John “Jay” Newman Present
Richard Palombo Present
APPROVAL OF MINUTES - June 9, 2003 Regular Meeting and
The Minutes were approved as written, motion by Jay Newman, second by David Bucciarelli, with all five Committeemen voting affirmative.
REPORT OF GOVERNING BODY MEMBERS
David Bucciarelli, discussed that the clocks on the municipal building and in the courtroom need repair. Paul will have the one on the building repaired. Mrs. Bergus said she would provide an atomic clock for us. The clock is now hanging in the courtroom.
He discussed a proposal from the Mother’s Club for a new sign at Caldwell Park. They are $600 short and ask assistance from the Township. Moved by David Bucciarelli second by Andrew McCrosson with all five Committeemen voting affirmative. Resolution will be adopted at the July 28, 2003 meeting.
Andrew McCrosson, discussed the State’s proposals for changes in the PAAD and Senior Gold prescription programs in New Jersey, which will penalize our seniors and disabled citizens. Moved to adopt a resolution opposing the changes, by Andrew McCrosson, second by Richard Palombo with all five Committeemen voting affirmative.
Jay Newman, made a motion to hire Melissa Hasselman as a part time employee to the rescue squad, second by David Bucciarelli with all five Committeemen voting affirmative.
Richard Palombo, Mayor, received information about the Beesley’s Point Bridge Company in that they have applied for grant money to repair the bridge. They want the Township to adopt a resolution to support keeping the bridge open. The Committee was not inclined to adopt one.
He announced Rhonda Sharp has successfully completed a class in Tax Collection.
Regarding Lifeguard tryouts-four have qualified, the others will attend a rookie camp. He asked for authorization to hire more guards prior to the next meeting to have the beaches protected during the 4th of July weekend. Moved by Andrew McCrosson, second by Jay Newman to hire new lifeguards prior to next meeting.
He discussed a request from some of the senior Lifeguards to hold a kayak clinic at the Beesley’s Point beach in August to teach people about kayaking and rowing. EMT people will present a first aid demonstration. The Beesley’s Point beach is not that busy and it would be an opportunity to offer this service to our residents. This would be done mostly with equipment loaned from TI Kayak so as not to tie up Township equipment. Insurance was discussed and we will check with J.I.F. It is already being done in Strathmere and they wanted to extend it to the mainland. Motion to allow this by Jay Newman, second by David Bucciarelli with all five Committeemen voting in the affirmative. Subject to insurance approvals. The J.I.F.
Risk Management Consultant has approved this activity.
Wanda Gaglione, Municipal Clerk reported that the 4th of July Fireworks show will be held again this year at the fields behind the Primary and Elementary Schools and begin at dusk. The Mayor also announced that Strathmere will hold their annual 4th of July Parade; step off to be at 10:30 A.M. at the church.
Regarding Amanda’s Field, the main access road will be paved shortly and be ready for the summer soccer tournament and other events to redirect some of the traffic out of the residential streets.
He reported that the pilings at the Beesley’s Point Boat ramp will be completed shortly. The cost is $1700 plus the cost of moving the pole. The Committee felt the price was very reasonable.
The Beach Patrol building will be started this week.
Regarding the flaps on Tecumseh—he is waiting for better weather because the installation entails the workers to stand in the water. He will do the final measurements and send to the manufacturer by the end of the week.
Stagecoach Road is closed this week because the railroad crossing is being removed.
He will attend the County meeting on the Tuckahoe Road extension repaving project.
Patricia Garbutt, CFO, reported that the Construction Officials 1996 truck has blown the engine. Replacing the engine at $2100 may not be worth it as the truck has over 100,000 miles on it. Moved by Jay Newman, second by Curtis Corson to allow Mr. Kenney to use the older Explorer. During roll call vote all voted in the affirmative.
She also discussed putting a disclosure statement on our Accident Review Forms that notify the employee he/she will be discussed at a J.I.F. Safety meeting. She also discussed the new federal law referred to as the HIPPA Policy. It requires privacy of employees’ medical information. She suggested that a Privacy Officer should be named and a Procedures Policy be adopted. The Mayor will work with her and Mr. Young to set up procedures to comply with the new laws.
1. Commending John Richardson on his outstanding high school track career.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 125-2003
RE: COMMENDING JOHN RICHARDSON
ON HIS OUTSTANDING HIGH SCHOOL TRACK CAREER
___________________________________________________________
WHEREAS, John Richardson, being a resident of Upper Township, has had an outstanding high school track career; and
WHEREAS, John has recently participated in the Penn Relays, Group III sectionals, Group III states, the NJSIAA Meet of Champions and the prestigious Adidas Outdoor National Championship where he set numerous records; and
WHEREAS, John was recently named a First Team All-Conference All Star in the 800 and 1600 meters events for the Cape-Atlantic League (CAL) American Conference 2003 spring All Stars; and
WHEREAS, John was also recently named Track and Field Athlete of the Year by The Press of Atlantic City; and
WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and commend John; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to commend John Richardson on his outstanding high school track career and extend to him best wishes for continued success at the University of Kentucky.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 23rd day of June, 2003.
Resolution No. 125-2003
Offered by: Corson, Seconded by: McCrosson
Adopted: June 23, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x______ ________ _________ _______
Corson _x______ ________ _________ _______
McCrosson _x______ ________ _________ _______
Newman _x______ ________ _________ _______
Palombo _x______ ________ _________ _______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 126-2003
RE: HONORING MEMBERS OF THE OCEAN CITY HIGH SCHOOL BOYS’ AND GIRLS’ TRACK TEAMS FOR AN EXCEPTIONAL SEASON
________________________________________________________________
WHEREAS, certain members of the Ocean City High School Boys’ and Girls’ Track Teams, being Upper Township residents, have had an exceptional season; and
WHEREAS, these members recently participated in the prestigious Adidas Outdoor National Championship; and
WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate the members as follows:
Blake Boffa
James F. Dugan
Erik Geisinger
John Richardson
Jason T. Welch
Brenda Briney
Brittany Downham
Allie Moreland
Brittany Sedberry
WHEREAS, we also extend this recognition and thanks to the coaches that have generously given their time and service to coach these teams, they being Wayne Colman and Bill Moreland;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to extend to certain members of the Ocean City High School Boys’ and Girls’ Track Teams congratulations on their exceptional season, and to each coach thanks and gratitude for their time and service to the young athletes of this community.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 23rd day of June, 2003.
Resolution No. 126-2003
Offered by: Corson, Seconded by: Bucciarelli
Adopted: June 23, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ________ ___x____ _________ _______
Corson _x______ ________ _________ _______
McCrosson _x______ ________ _________ _______
Newman _x______ ________ _________ _______
Palombo _x______ ________ _________ _______
There was discussion that the Committee should come up with parameters on the presentation of these plaques. The Committee feels that recognizing the accomplishments of our youth is very important.
3. Resolution Renewing mining licenses as follows:
a. Earthwork Associates, Inc., Block 414, Lot 45 and Block 451, Lot 4.
b. Better Materials/Upper Township Sand & Gravel, Block 453, Lot 4.
c. Better Materials/Julie’s Pit, Block 414, Lot 44.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 127 -2003
RE: RESOLUTION RENEWING MINING LICENSES AS FOLLOWS:
EARTHWORK ASSOCIATES, INC.
BLOCK 414, LOT 45 AND BLOCK 451 LOT 4
DENNISVILLE/PETERSBURG RD
PETERSBURG, NEW JERSEY
BLOCK 453 LOT 4
ROUTE 610 DENNISVILLE/PETERSBURG RD
PETERSBURG, NEW JERSEY
BETTER MATERIALS/JULIE’S PIT
ROUTE 610 DENNISVILLE/PETERSBURG RD
_______________________________________________________________
WHEREAS, Chapter XV of the Code of Upper Township requires a license for the excavation or mining of sand, gravel, earth, soil or mineral products and specifies a site plan review process which must be completed every two (2) years commencing February, 1987; and said Chapter further provides that each of the mining operations shall be licensed on an annual basis; and
WHEREAS, each of the mining operations hereinafter designated has completed the bi-annual review by the Planning Board of Upper Township, which has recommended approval of the mining operations for a term of two (2) years commencing February 1, 2003.
WHEREAS, the Township Committee has reviewed the past written recommendations of the Upper Township Planning Board as hereinafter designated and has determined to renew said licenses in accordance with the terms hereinafter specified;
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 following mining and soil excavation licenses are hereby renewed for a term of one (1) year commencing February 1, 2003:
(I) Earthwork Associates, Inc., with respect to Block 414, Lots 45 and Block 451, Lot 4 and commonly known as Dennisville/Petersburg Rd, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in Resolution No. PB-06-01 of the Upper Township Planning Board, a copy of which is attached to this Resolution.
(II) Better Materials/Upper Township Sand & Gravel, with respect to
Block 453, Lot 4, and commonly known as Route 610, Dennisville/Petersburg Rd, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in Resolution No PB-08-02 of the Upper Township Planning Board, a copy of which is attached to this Resolution.
(III) Better Materials/Julie’s Pit with respect to Block 414, Lot 44,
and commonly known as Route 610, Dennisville/Petersburg Rd, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in Resolution No. PB-07-01 of the Upper Township Planning Board, a copy of which is attached to this Resolution.
3. All officials of the Township are hereby authorized to take such action as may be necessary or required in order to carry out the intent and purpose of this Resolution.
4. This Resolution shall become effective immediately upon adoption and retroactive to February 1, 2003.
Resolution No. 127 -2003
Offered by: Corson, Seconded by: Bucciarelli
Adopted: 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x___ _____ _____ _____
Corson __x___ _____ _____ _____
McCrosson __x___ _____ _____ _____
Newman __x___ _____ _____ _____
Palombo __x___ _____ _____ _____
4. Authorizing the release of Performance Bond and the acceptance of a 2-year Maintenance Bond in the amount of $21,700.00 for McDaniels Court Major Subdivision, Block 348, Lot 83.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 128-2003
RE: AUTHORIZING THE RELEASE OF
PERFORMANCE BOND AND THE ACCEPTANCE OF
A 2-YEAR MAINTENANCE BOND UNDER AND SUBJECT
TO CERTAIN CONDITIONS
OWNER AND/OR DEVELOPER: WILLIAM McDANIELS
MAJOR SUBDIVISION: McDANIELS COURT
PROPERTY: BLOCK 348, LOT 83
________________________________________________________________________
WHEREAS, William McDaniels (hereinafter ADeveloper@), has completed the work on the project known as AMcDaniels Court Major Subdivision@ and requested final inspection of same by the Municipal Engineer for the Township of Upper; and
WHEREAS, it has been determined that there are two areas within the project where grass seeding has not germinated properly and the Municipal Engineer has recommended that the Developer reseed those areas in the fall of 2003; and
WHEREAS, the Municipal Engineer has determined that, except for the reseeding referred to above, all improvements have been installed and are in satisfactory working condition; and
WHEREAS, the Municipal Engineer, based on the field inspection of the work completed, has recommended a release of the Performance Bond subject to the conditions that the reseeding above be completed and the submission of the appropriate two year Maintenance Bond as required in the amount of 15% of the original construction value of $144,672.60 or $21,700.00 in accordance with the municipal ordinances of the Township of Upper;
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 above are incorporated herein by this reference.
2. The original Performance Bond posted by the Developer shall be released and the obligations of the principal and surety thereunder shall be released upon the happening of the following:
A. The Developer must submit a two (2) year Maintenance Bond in the amount of fifteen percent (15%) of the original construction value of $144,672.60 or $21,700.00 in accordance with the municipal ordinance requirements and state and federal laws and regulations.
B. The Maintenance Bond must be posted prior to the release of the Performance Bond and shall be as follows: $2,170.00 in Cash and $19,530.00 in the form of a Surety Bond. Said Maintenance Bond must be approved in form and substance by the Municipal Engineer and the Municipal Attorney.
C. The Developer shall reseed those areas of the project in which prior seeding has not germinated properly. Said reseeding shall occur in the fall of 2003.
3. Upon the receipt and approval of the Maintenance Bond and cash required in the amounts indicated above and upon approval of same by the Municipal Engineer and the Municipal Attorney, the original Performance Bond, with the notation that the same has been cancelled and released by the Township of Upper, shall be signed by the Township Clerk and countersigned by the Chief Financial Officer of the Township of Upper, and together with a certified copy of this Resolution, same shall be conclusive evidence of the cancellation of the Performance Bond and the release of the principal and surety from its obligations thereunder.
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. 128-2003
Offered by: Corson, Seconded by: Newman
Adopted: June 9 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli x
Corson x
McCrosson x
Newman x
Palombo x
Distribution:
-Engineer
-Construction Official
-Planning Board
-Developer
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 129-2003
RE: APPROVAL FOR PLACE-TO-PLACE LIQUOR LICENSE
TRANSFER OF UMMAC CORP. t/a OBADIAH=S TO EXPAND
LICENSE TO INCLUDE THE FRONT PORCH AREA OF THE BUILDING
________________________________________________________________________
WHEREAS, Ummac Corp. t/a Obadiah=s is the holder of an alcoholic beverage license in the Township of Upper, License No. 0511-33-007-005, Plenary Retail Consumption License; and
WHEREAS, Ummac Corp. t/a Obadiah=s has applied for a Place-to-Place transfer of said license to include the outside deck at the subject property in the licensed area, thus expanding the licensed premises; and
WHEREAS, Ummac Corp. t/a Obadiah=s has complied with the legal requirements for said Place-to-Place transfer and the Township Committee of the Township of Upper held a hearing on June 9, 2003; and
WHEREAS, no objections have been raised or filed with the Township Committee with respect to the request for said Place-to-Place liquor license transfer.
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 Place-to-Place liquor license transfer application of Ummac Corp. t/a Obadiah=s is hereby approved.
3. This approval is subject to the condition that Ummac Corp. t/a Obadiah=s comply with any and all other governmental laws, rules and regulations, including land use regulations.
Resolution No. 129-2003
Offered by: Newman, Seconded by: Bucciarelli
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli x
Corson x
McCrosson x
Newman x
Palombo x
6. Confirming the hiring of Melissa Turfus as a part-time employee of the Upper Township Rescue Squad.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 130-2003
RE: CONFIRMING THE APPOINTMENT OF MELISSA TURFIS
AS PART-TIME EMPLOYEE
OF THE UPPER TOWNSHIP RESCUE SQUAD
________________________________________________________________
WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Rescue Squad to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of June 9, 2003; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Melissa Turfus is hereby appointed as a member of the Rescue Squad in a part-time position effective immediately at a salary of $11.00 per hour.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of June 9, 2003.
Resolution No. 130-2003
Offered by: Newman, Seconded by: Palombo
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ____x______ __________ __________ __________
Corson ____x______ __________ __________ __________
McCrosson ____x______ __________ __________ __________
Newman ____x______ __________ __________ __________
Palombo ____x______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No. 131-2003
________________________________________________________________
WHEREAS, certain corrections have been
recommended by the Upper Township Tax Collector in order to
refund, transfer or cancel a credit;
NOW, THEREFORE BE IT RESOLVED, by the
Township Committee of the Township of Upper, Cape May County,
that corrections to the Tax records are hereby authorized and
the Tax Collector is hereby directed to correct said records
or take such action as indicated on the attached sheet.
Resolution No. 131-2002
Offered by: McCrosson, Seconded by: Bucciarelli Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
McCrosson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x____ _____ _____ _____
2003 REFUND
Block/Lot Amount Name
10/166 354.39 Charles & Sharon Buganzki
16/1.01 456.81 GMAC Mortgage
451/9 669.24 Thomas & Geanne Folger
453.10/13 916.08 Paul Leiser &
Sheri McCloskey
453.10/334.12 1,037.66 Rick Robbins
454/9 884.21 Title Co. of Jersey
603/12 1,151.69 Frank & Elizabeth Montegna
639/16.02 795.65 Roman & Lori Mychajliw
661/18 934.11 Mohammad M. Amjadi
715/5 609.23 Kenneth Burg
561.01/32.27 76.14
638/4 82.65
566/42 139.04
330/9 29.33
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.132-2003
RE: APPROVING THE APPLICATION OF THE MARMORA VOLUNTEER FIRE CO. FOR A HIGHWAY COIN DROP
________________________________________________________________
WHEREAS, the Marmora Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold a coin drop solicitation on Roosevelt Boulevard in Marmora; and
WHEREAS, the Township Committee has approved the request;
WHEREAS, the request requires approval from the County of Cape May;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The application of the Marmora Volunteer Fire Co. to hold a coin drop within Upper Township on Roosevelt Boulevard is hereby approved for the following date(s):
Saturday, July 12, 2003 from 8:00 a.m. to 4:00 p.m.
Saturday, August 2 from 8:00 a.m. to 4:00 p.m.
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 132-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ____x_____ __________ __________ __________
Corson ____x_____ __________ __________ __________
McCrosson ____x_____ __________ __________ __________
Newman ____x_____ __________ __________ __________
Palombo ____x_____ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 133-2003
RE: APPOINTING ADDITIONAL 2003 SEASON
BEACH PATROL PERSONNEL
___________________________________________________________
WHEREAS, the individuals hereinafter named have been determined to possess the requisite skills, training and are otherwise eligible for appointment to the position of lifeguard; 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 following individuals are appointed as lifeguards in the Township of Upper at a salary of $9.00 per hour in accordance with the Salary Ordinance:
Brian Riordan Brandon Brady
Dave Hollinger Joe Lacovara-Switzer
3. This Resolution shall be effective immediately and is further intended to ratify, confirm and approve any formal action taken by the Township Committee.
Resolution No.133-003
Offered by: Bucciarelli, Seconded by: Palombo
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x______ _________ _________ ________
Corson __x______ _________ _________ ________
McCrosson __x______ _________ _________ _______
Newman __x______ _________ _________ ________
Palombo __x_____ _________ _________ ________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 134-2003
RE: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH POGUE, INC. T/A POGUE SAFETY AND HEALTH CONSORTIUM FOR AN ALCOHOL AND CONTROLLED SUBSTANCES TRAINING AND TESTING PROGRAM FOR CERTAIN TOWNSHIP EMPLOYEES
___________________________________________________________________________
WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 became applicable to the Township of Upper in 1996 in accordance with 49 C.F.R. '382.115(B) and mandates drug and alcohol testing for employees holding commercial driver=s licenses engaged in safety sensitive duties and further requires each employer to maintain a testing policy as required by 49 C.F.R. '382.401(C)(6)(ib); and
WHEREAS, the Township has previously determined to extend that policy to all employees working in hazardous or safety sensitive areas and also to public safety employees including the Rescue Squad and Township lifeguards; and
WHEREAS, to administer such a program in accordance with the Federal rules, regulations and guidelines, it is necessary to employ the services of a firm possessing such specialized skill and training; and
WHEREAS, Pogue, Inc. t/a Pogue Safety and Health Consortium (hereinafter referred to a APogue@) has the required expertise and provides the same or similar services for several other municipalities; and
WHEREAS, Pogue has been performing such services in the Township of Upper since in or about May of 1996 and proposes to continue to provide such services; and
WHEREAS, the Township Committee intends to engage the services of Pogue under a professional services contract; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said contract to be entered into;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The proposed professional services contract between the Township and Pogue, a copy of which is on file in the office of the Township Clerk, is approved and the Mayor and the Township Clerk are hereby authorized, directed and empowered to execute said contract on behalf of the Township of Upper and the Township Clerk is further authorized, directed and empowered to seal said contract with the seal of the Township of Upper.
3. The Township Clerk shall cause a Notice of Award of this contract to be published in the official newspaper of the Township of Upper as required by N.J.S.A. 40A:11-5.
4. This contract has been awarded without competitive bidding for the following reason or reasons:
(1) Professional services of the type herein sought are of such a nature as to require a high degree of trust or confidence in the individual providing the service and, in fact, may require the creation of a confidential or fiduciary relationship between that individual and the municipality;
(2) The services required are highly specialized or technical in nature;
(3) The services require peculiar ability or skill and demand a high degree of specialized knowledge or expertise;
(4) The services are such that their relative work must be judged by subjective considerations that are not susceptible of valuation by competitive bidding; and
(5) The individual who will provide these services has demonstrated his competence and particular expertise in the services required.
5. This Resolution shall take effect immediately and shall be deemed retroactive to January 1, 2003.
Resolution No. 134-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 135-2003
RE: CONFIRMING SALE OF CERTAIN LAND
TO WIT: BLOCK 10, LOT 194
TO LISA TOMLIN AND GEORGE TOMLIN
____________________________________________________________________________
WHEREAS, a public auction land sale was held on June 11, 2003 pursuant to Resolution No. 072-2003; and
WHEREAS, Lisa Tomlin and George Tomlin submitted the highest bid for the purchase of Block 10, Lot 194; and
WHEREAS, the Township Committee is satisfied that all conditions precedent were complied with and that said sale was conducted in accordance with the requirements of the Resolution aforesaid and that proper notice was advertised as required and notice given to all persons owning property situate within two hundred feet (200') of the subject property being offered for sale; and
WHEREAS, the Township Committee believes that it is in the public interest to confirm the sale of such parcel.
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 sale of Block 10, Lot 194 to Lisa Tomlin and George Tomlin, at a sale price of $1,600.00, is hereby confirmed, under and subject to the terms, conditions and provisions of Resolution No. 072-2003 and further subject to and conditioned upon the purchasers= compliance with said Resolution.
3. The Mayor and Township Clerk are hereby authorized, directed and empowered to execute and deliver, on behalf of the Township of Upper, to the aforesaid purchaser, a Bargain and Sale Deed conveying the Township=s right, title and interest in the above described property and the Township Clerk is further authorized, directed and empowered to seal said Deed with the official seal of the Township of Upper.
Resolution No. 135-2003
Offered by: Corson, Seconded by: McCrosson
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli x
Corson x
McCrosson x
Newman x
Palombo x
12. Authorizing the appointment of Kerry Thomson, and Kerry G. Thomson Insurance Agency, as Risk Management Consultant to perform various professional services on behalf of the Township of Upper relative to the Atlantic County Municipal Joint Insurance Fund and Municipal Excess Liability Joint Insurance Fund for an amount not to exceed five thousand two hundred fifteen dollars, ($5,215.00).
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 137-2003
RE: AMENDING RESOLUTION NO. 105-2003 APPOINTING
KRISTEN ERRICKSON AS TAX ASSESSOR
AND APPOINTING SAID KRISTEN ERRICKSON AS TAX ASSESSOR
FOR THE TERM JULY 1, 2003 TO JUNE 30, 2007
________________________________________________________________
WHEREAS, pursuant to Resolution No. 105-2003 Kristen Errickson was appointed as Tax Assessor for the Township of Upper to fill the unexpired term of Michael Jones effective May 20, 2003; and
WHEREAS, it subsequently was discovered that Michael Jones was not formally appointed by the Township of Upper as Township Tax Assessor on June 30, 2002, but rather, served since that time to the effective date of his resignation of April 30, 2003 as an unappointed Tax Assessor; and
WHEREAS, the unexpired term of Michael Jones is deemed to expire June 30, 2003; and
WHEREAS, the appointment of Kristen Errickson as Tax Assessor to fill the unexpired term of Michael Jones effective May 20, 2003 pursuant to Resolution No. 105-2003 should be amended to indicate said unexpired term expires June 30, 2003; and
WHEREAS, the Township Committee has determined that said Kristen Errickson should also be appointed as Tax Assessor for the term of July 1, 2003 to June 30, 2007 in accordance with New Jersey law;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The statements of the preamble above are incorporated herein by this reference.
2. Resolution No. 105-2003 is hereby amended to indicate that the unexpired term of Michael Jones ends on June 30, 2003 and Kristen Errickson is appointed as Tax Assessor for said unexpired term effective May 20, 2003.
3. Kristen Errickson is hereby appointed as Tax Assessor for the Township of Upper for the next term commencing July 1, 2003 and ending June 30, 2007.
4. Kristen Errickson shall serve in the position of Tax Assessor in a part-time capacity at an annual salary of $23,500.00 and said appointment shall be effective May 20, 2003.
5. This Resolution ratifies, confirms and approves the aforesaid actions heretofore taken by the Township Committee of the Township of Upper.
Resolution No. 137-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted: June 23, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli x
Corson x
McCrosson x
Newman x
Palombo <