TOWNSHIP OF UPPER 2100 TUCKAHOE ROAD PETERSBURG, NJ …uppertownship.com/wp-content/uploads/2019/02/02-11-2019-Budget... · TOWNSHIP OF UPPER 2100 TUCKAHOE ROAD PETERSBURG, NJ 08270

1

TOWNSHIP OF UPPER 2100 TUCKAHOE ROAD PETERSBURG, NJ 08270

CAPE MAY COUNTY MINUTES FOR FEBRUARY 11, 2019

*****BUDGET WORKSHOP MEETING - 6:00 P.M. In preparation of the 2019 Municipal Budget a budget workshop meeting was called to order this evening at 6:00 PM. Mayor Palombo read the following Open Public meeting notice into the record. In compliance with the Open Public Meetings Law, I wish to state that on February 8, 2019 the notice of this Budget workshop meeting of the Upper Township Committee was posted on the official Township Bulletin Board, mailed to the Cape May County Gazette, the Atlantic City Press, the Ocean City Sentinel-Ledger, the Herald Times and filed with the Township Clerk. Tonight’s meeting is being video recorded and will be available on UTTV Channel 97 and on the Upper Township website. I hereby direct that this announcement be made a part of the minutes of this meeting. The following were present for the workshop meeting tonight:

Edward Barr Present John Coggins Present Curtis Corson Present

Hobart Young Present Richard Palombo Present

Also present were Municipal Clerk Barbara Young, Municipal Engineer Paul Dietrich, Chief Financial Officer Barbara Spiegel and Township Administrator Scott Morgan. Committeeman Coggins explained the differences between the proposed budget for 2019 and the 2018 adopted budget. He stated that this year we’re looking at an approximate 3.25 cent tax rate increase. He explained that the major variances in the proposed budget are found in Salaries and Wages including the salary for a Personnel Officer, full time EMS employee, Public Information Officer and a 12% increase in health Insurance costs. Mr. Coggins acknowledged the Department Supervisors for attending this evening and asked Committee to discuss any changes they have regarding the budget proposals at the next workshop. At this meeting if they have specific questions of the individual departments feel free to ask. There was then detailed discussions of the variance reports and budget proposals from various departments including the following: Mayor and Committee: Line Item Variance of $6,481. This line includes Salary and Wages and $1,250 for the Economic Development Commission. Municipal Clerks Office: Line Item Variance of $27,000 of which $15,000 is for Ordinance publication codification of Ordinances and the increase in cost of supplies and equipment. Finance Office: Line Item Variance of $57,000 this includes increases for the Salary of a full time Personnel Officer, digitization of personnel records and the inventory and destruction of finance records. Mr. Barr questioned why the salary of the Personnel Officer is under Finance. It was stated that previously the Finance officer was paid a stipend to perform the duties of Personnel Officer so to keep everything consistent it was kept under the Finance office. Tax Assessment: cost benefit decrease due to the preparation of tax maps is complete and the tax map maintenance being moved to the engineer’s line.

2

Tax Collection: Line Item Variance of $13,190 for Salary increases. Legal Services: Line Item Variance of $9,196 includes additional legal expenses. Engineering: variance of $166,957 which includes $150,000 for consulting to include a study for the development of a wastewater management plan, Back bay area in Strathmere/flood prevention plan, Harbor Road boat ramp area, hosting of GIS, routine tax map maintenance, redevelopment plan and a 2019 Salary increase. Computer: Line items discussed include disaster recovery tests, webpage maintenance, software maintenance, monthly security awareness training, door security systems, software maintenance and computer services. Affordable Housing: Line Item Variance $2,500 Public Information: Line Item Variance $12, 260. Mr. Coggins stated that this amount includes $10,000 for a Public Information Officer. Emergency Medical Services: Line Item Variance $59, 000. The EMS Chief explained that this line includes 2019 Salary increases, a request for a new quad band radio and a Medical Director which is required by the Department of Health. Office of Emergency Management: Line Item Variance $4, 600. The OEM Director stated that most of the expenses are for communications. Crossing Guard: Line Item Variance $1,300 Regional Dispatch: Line Item Variance $28, 575 Municipal Court: Line Item Variance $21,746 includes 2019 Salary increases. Board of Health: Line Item Variance, increase $20,000 includes Hepatis B vaccinations and TB testing. Animal Control: Line Item Variance ($384) Public Works: Line Item Variances under the following lines also include Salary Increases for the replacement of full-time employees that were lost through retirement.

• Road Maintenance: Line Item Variance $89,485 • Recycling: Line Item Variance: ($5, 291) • Trash Collection: Line Item Variance: ($16,192) • Maintenance of Public Buildings: Line Item Variance $93,612

Sports and Recreation: Line Item Variance $ 1,642. Mr. Coggins stated that this year’s budget includes miscellaneous repairs and maintenance costs which includes fencing and stone at Caldwell Park, Soccer nets and Goals and improvements at Amanda’s Field. Shore Protection: Line Item Variance of $31,700. The engineer reported that this includes an increase in cost for Quarterly Beach surveys and Beach Access mats. It was stated that the township is already in compliance with the ADA laws that this budget is for additional mats. Mayor Palombo suggested that we budget at least $20,000 for the mats so we can purchase at least three access mats that extend out further to the beach level.

3

Beach Patrol: Line Item Variance ($786). Mr. Coggins explained that expenses in this line included among other items the purchase of additional water craft, website maintenance and communication costs. Community Center: Line Item Variance $802 Lastly Mr. Coggins asked the Committee to review the budget worksheets for any changes they feel are necessary, so the budget can be finalized at the next meeting for the introduction of the Budget at the March 11, 2019, 7:30 PM meeting. There being no further discussion, the budget workshop was adjourned with a motion by Ed Barr and second by John Coggins. During roll call vote all five Committeemen voted in the affirmative. The Committee then took a short recess prior to starting the regular meeting at 7:30 PM as follows. REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M . CALL TO ORDER SUNSHINE ANNOUNCEMENT In compliance with the Open Public Meetings Law, I wish to state that on February 8, 2019 the notice of this meeting of the Upper Township Committee was posted on the official Township Bulletin Board, mailed to the Cape May County Gazette, the Atlantic City Press, the Ocean City Sentinel-Ledger, the Herald Times and filed with the Township Clerk. Tonight’s meeting is being video recorded up until the closed session portion of this meeting and will be available on UTTV Channel 97 and on the Upper Township website. I hereby direct that this announcement be made a part of the minutes of this meeting. SALUTE TO THE FLAG ROLL CALL

Edward Barr Present John Coggins Present Curtis Corson Present

Hobart Young Present Richard Palombo Present

Also present were Municipal Clerk Barbara Young, Municipal Attorney Daniel Young, Township Engineer Paul Dietrich, Chief Financial Officer Barbara Spiegel, and Township Administrator Scott Morgan. APPROVAL OF MINUTES - January 28, 2019 Regular Meeting and Closed Session Minutes Motion by Edward Barr, second by John Coggins, to approve the January 18, 2019 Regular Meeting and Closed Session Minutes as submitted. During roll call vote all five Committeemen voted in the affirmative. REPORT OF GOVERNING BODY MEMBERS Hobie Young, Committeeman, discussed an issue with the lack of parking at the Community Center. He recommended that the township investigate the purchase of the property next to the Community Center. Committeeman Corson stated that since there is a house on the one parcel the township should investigate the purchase of the vacant lot adjacent to the home. He next recommended that our township attorney contact the property owner to discuss the sale. Attorney

4

Young explained that contract negotiations should not be discussed in open session but to give an overview of the matter there was also an offer from a broker to sell the property to the township at a ridiculously high price. The township attorney then cautioned Mr. Young and Mr. Corson not engage in any discussions on the matter because of prior litigation and conflicts with the property owner and since Mr. Barr was previously appointed to handle matters in which Committeeman Young has a conflict, Mr. Barr should handle all discussions on the matter. Ed Barr, Committeeman, thanked the department of public works for their work during this winter season and commended our first responders for their service to our community. Curtis Corson, Committeeman, reported that the Township will be holding a second free rabies clinic on February 16, 2019 at Shore Veterinarians from 1:00 pm to 3:00 pm. He then reported that the Rescue Squad is selling roses for Valentine’s Day. OTHER REPORTS Scott Morgan, Township Administrator, reported on a structure fire that took place yesterday afternoon at 35 South Shore Road in Upper Township. He stated that it came to his attention through the Marmora Fire Chief that just before emergency responders arrived on scene Good Samaritans, Jim Cox and his daughter Stephanie Cox came to the rescue of individuals trapped in their second-floor apartment of the burning building. Mr. Morgan stated that Chief Newman has recommended that the township commend these individuals along with Dispatchers Jim Lowe, Chris Belles and the entire response team for their quick actions during this incident. Motion by Edward Barr, second by Curtis Corson, to authorize a resolution commending the Good Samaritans, dispatchers and first responders that assisted during the incident. During roll call vote all five Committeemen voted in the affirmative. Mayor Palombo requested that Mr. Morgan follow up with the Construction Official to make sure that the building is secure. Mr. Morgan next requested permission for himself and his three Deputy OEM Coordinators to attend the Annual New Jersey Emergency Preparedness conference scheduled for April 29 thru May 3rd at the cost of $125 per person. Motion by Curtis Corson, second by Ed Barr, to grant Mr. Morgan’s request. During roll call vote all five Committeemen voted in the affirmative. Barbara Young, Municipal Clerk, reported that township offices will be closed on Monday February 18th for Presidents day and the next Committee meeting is scheduled for February 25, 2019 with a Budget Workshop meeting at 6:00 P.M. and the regular meeting at 7:30 P.M. Daniel Young, Municipal Attorney, explained that the township previously accepted the donation of meadow land. There are two lots, one from the Claytons individually and one from Clayton Industries. He explained that a title search was done, and both have clear title as was required by the resolution adopted by the Committee accepting the property. He recommended that for an additional $200 per lot the township can obtain Title Insurance. Motion by John Coggins, second by Ed Barr, to purchase title insurance for both lots. During roll call vote all five Committeemen voted in the affirmative. Lastly, he reported that there are several items for closed session.

Paul Dietrich, Township Engineer, reported he met recently with the County Planning Director and their design professionals to discuss the Harbor Road Gateway project. He stated that he received 3D renderings of the proposed improvements electronically which he emailed to Committee. Mr. Dietrich recommended that the township move forward with the design and permitting process for the project. PRESENTATION RESOLUTIONS

1. Appointing Keith A. Bonchi, Attorney at Law and the law offices of GMS Law as Special Legal Counsel to complete certain in rem foreclosure matters.

TOWNSHIP OF UPPER

5

CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 52-2019

RE: APPOINTING KEITH A. BONCHI, ATTORNEY AT LAW AND THE

LAW OFFICES OF GMS LAW AS SPECIAL LEGAL COUNSEL TO COMPLETE CERTAIN IN REM FORECLOSURE MATTERS

______________________________________________________________________________

WHEREAS, the Township of Upper requires legal counsel to complete certain in rem

foreclosure matters; 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 Keith A. Bonchi, Esquire

and the Law Offices of GMS Law as a non-fair and open contract pursuant to the provisions of N.J.S.A.

19:44A-20.5; and

WHEREAS, Keith A. Bonchi, Esquire and the Law Offices of GMS Law have completed and

submitted a Business Entity Disclosure Certification which certifies that Keith A. Bonchi, Esquire and

the Law Offices of GMS Law have 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

Keith A. Bonchi, Esquire and the Law Offices of GMS Law from making any reportable contributions

through the term of the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee in 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. Keith A. Bonchi, Esquire and the Law Offices of GMS Law with offices at 660 New Road,

First Floor, Northfield, New Jersey 08225 are hereby appointed as Special Legal Counsel for the

Township of Upper for the completion of in rem foreclosure matters.

3. The contract shall have a term of one (1) year from date of full execution.

4. This Contract is awarded without competitive bidding as a “professional service” in

accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Keith

A. Bonchi, Esquire and the Law Offices of GMS Law have professional knowledge as to in rem

6

foreclosure 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-20.5.

NOTICE OF CONTRACT AWARD

5. 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

Keith A. Bonchi, Esquire and the Law Offices of GMS Law as Special Legal Counsel for in rem

foreclosure matters. 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.

6. 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.

7. 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.

8. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf

of the Township of Upper, a Professional Contract with Keith A. Bonchi, Esquire and the Law Offices

of GMS Law 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.

9. A notice of this contract award shall be published in the official newspaper of the Township

of Upper within ten (10) days from the date of adoption.

Resolution No. 52-2019 Offered By: Barr Seconded by: Coggins Adopted: February 11, 2019 ROLL CALL: YES NO ABSTAINED ABSENT Barr X _____ ______ Coggins X _____ ______ Corson X _____ ______ Young X _____ ______ Palombo X _____ ______

2. Tax Refund - Block 474, Lot 3. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N

7

RESOLUTION NO. 53-2019

TAX REFUND - BLOCK 474, LOT 3 _______________________________________________________

WHEREAS, certain corrections have been recommended by the Upper Township Tax Collector in order to refund monies; and 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. 53-2019 Offered by: Coggins Seconded by: Barr Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ _____ Coggins __X___ _____ _____ _____ Corson __X___ _____ _____ _____ Young __X___ _____ _____ _____ Palombo __X___ _____ _____ _____ REFUND BLOCK/LOT AMOUNT NAME 474/3 $697.96 Fannie Davis 15 Frances Drive So Petersburg, NJ 08270 Homeowner paid the May tax quarter in error. Homeowner requested a refund.

3. Authorizing a Shared Services Agreement with the County of Cape May for maintenance of the Upper Township Senior Center.

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N


RE: AUTHORIZING A SHARED SERVICES AGREEMENT WITH TH E

COUNTY OF CAPE MAY FOR MAINTENANCE OF THE UPPER TOWNSHIP SENIOR CENTER

8

WHEREAS, the Township of Upper and the County of Cape May entered into a

Shared Services Agreement on May 10, 2013 for maintenance of the Upper Township Senior Center

pursuant to Resolution No. 94-2013; and

WHEREAS, the Township of Upper and the County of Cape May desire to enter into

a new Agreement for an additional term; and

WHEREAS, the Township Committee has determined that it is in the best interest of

the Township to authorize said new Agreement with the County of Cape May as hereinafter provided;

and

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 Uniformed

Shared Services 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 the County of Cape May pertaining to

maintenance of the Upper Township Senior Center.

2. SERVICES TO BE PROVIDED; CONTRACT. The Shared Services Agreement

authorized in paragraph 1 hereof shall cover those services, which are enumerated in said Agreement,

a copy of which is attached hereto as Exhibit “A”.

3. AUTHORIZATION TO MUNICIPAL OFFICIALS. The appropriate Township

officers and officials are hereby authorized to take any action necessary or advisable to carry out the

intent and purpose of this Resolution. Specifically, the Mayor and Township Clerk are hereby

authorized and directed to execute such 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 official seal of the Township of Upper.

4. COMPLIANCE WITH STATUTORY REQUIREMENTS. The Shared Services

Agreement between the County of Cape May and the Township of Upper shall meet and satisfy the

requirements of N.J.S.A. 40A:65-1, et seq., as same may be amended and supplemented.

5. CONTRACT TERM. The term of this Agreement shall be for a period of five (5)

years commencing February 10, 2019. The Agreement shall automatically renew for a successive

9

term of five (5) years unless either party provides written notice to terminate at least ninety (90) days

before the end of the term. 6. SEVERABILITY. If any section, subsection, paragraph, sentence or

other part of this Resolution is adjudged 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. 54-2019 Offered by: Barr Seconded by: Young Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ ____ Coggins __X___ _____ _____ ____ Corson __X___ _____ _____ ____ Young __X___ _____ _____ ____ Palombo __X___ _____ _____ ____

4. Authorizing the award of a contract with TruGreen, LP for recreation field maintenance.



RE: AUTHORIZING THE AWARD OF A CONTRACT

WITH TRUGREEN, LP FOR RECREATION FIELD MAINTENANCE ______________________________________________________________________

WHEREAS, the Township of Upper maintains our recreation fields and to do so

desires to enter into a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5;

and

WHEREAS, the Qualified Purchasing Agent has determined and certified in writing

that the value of acquisitions with TruGreen, LP for the year 2019 will exceed $17,500 and a contract

pursuant to N.J.S.A. 19:44A-20.5 is required; and

10

WHEREAS, TruGreen, LP has completed and submitted a Business Entity Disclosure

Certification which certifies that TruGreen, LP has not made any reportable contributions to a political

or candidate committee in the Township in the previous one year, and that the contract will prohibit

TruGreen, LP from making any reportable contributions through the term of the contract; 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 2019 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the



2. The Township Committee of the Township of Upper, County of Cape May, New

Jersey hereby authorizes the Qualified Purchasing Agent to enter into a contract with TruGreen, LP as

described herein.

3. The Business Disclosure Entity Certification and the Determination of Value be

placed on file with this resolution.

4. The Chief Financial Officer is hereby authorized, directed and empowered to

execute any and all necessary documents in order to implement the intent of this Resolution.

Resolution No. 55-2019 Offered by: Barr Seconded by: Young Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ _____ Coggins __X___ _____ _____ _____ Corson __X___ _____ _____ _____ Young __X___ _____ _____ _____ Palombo __X___ _____ _____ _____

5. Appointing Jerry H. Steiner to serve as an additional Municipal Public Defender on an as needed basis.



RE: APPOINTING JERRY H. STEINER TO SERVE AS AN ADDITIONAL

MUNICIPAL PUBLIC DEFENDER ON AN AS NEEDED BASIS __________________________________________________________

11

WHEREAS, a need exists to appoint an additional municipal public defender to serve

on an as needed basis; and

WHEREAS, N.J.S.A. 2B:24-3 allows for the appointment of additional municipal

public defenders as necessary to administer justice in a timely and effective manner; and

WHEREAS, the Township has decided to acquire the services of Jerry H. Steiner as a

non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, a resolution is required authorizing the award of such contract for

professional services; and

WHEREAS, Jerry H. Steiner has completed and submitted a Business Entity

Disclosure Certification which certifies that Jerry H. Steiner 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 Jerry H. Steiner from making any reportable contributions through the term

of the contract; and




2. Jerry H. Steiner with offices at 1210 So. Main Street, PO Box 817, Pleasantville,

New Jersey is hereby appointed as an additional municipal public defender to serve on an as needed

basis.

3. This contract shall have a term of one (1) year from date of full execution.

4. This Contract is awarded without competitive bidding as a professional service in

accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Jerry

H. Steiner has professional knowledge as to legal matters and municipal court 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-20.5.

12

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 Jerry H. Steiner 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 Jerry H. Steiner 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. Notice of this contract award 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. 56-2019 Offered by: Corson Seconded by: Barr Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr ___X____ __________ __________ __________ Coggins ___X____ __________ __________ __________ Corson ___X____ __________ __________ __________ Young ___X____ __________ __________ __________ Palombo ___X____ __________ __________ __________

6. Authorizing a Shared Services Agreement with Corbin City for Zoning Officer Services in

the event of a conflict of interest with the Upper Township Zoning Officer.

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 57-2019

13

RE: AUTHORIZING A SHARED SERVICES AGREEMENT WITH CO RBIN CITY FOR ZONING OFFICER SERVICES IN THE EVENT OF A CONFLICT OF INTEREST WITH

THE UPPER TOWNSHIP ZONING OFFICER

WHEREAS, the Township of Upper and Corbin City entered into a Shared Services

Agreement on February 27, 2017 for conflict Zoning Officer Services pursuant to Resolution No. 74-

2017; and

WHEREAS, the Township of Upper and Corbin City desire to enter into a new

Agreement for an additional term; and

WHEREAS, the Township Committee has determined that it is in the best interest of

the Township to authorize said new Agreement with Corbin City as hereinafter provided; and


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

the provision of municipal services for a Zoning Officer in the event of a conflict of interest.

2. SERVICES TO BE PROVIDED BY CONTRACT. The Shared Services

Agreement authorized in paragraph 1 hereof shall cover those services which are enumerated in said

Agreement, a copy of which is of record in the office of the Township Clerk and is available for public

inspection. The Township Committee of the Township of Upper hereby appoints the Corbin City

Zoning Officer as substitute Zoning Officer for Upper Township in such instances and such person is

authorized to act in said capacity on behalf of the Township of Upper in accordance with state law and

municipal ordinances.

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

14

pursuant to the authority conferred by this Resolution. The Township Clerk is further authorized and

directed to seal the Agreement with the official seal of the Township of Upper.

4. COMPLIANCE WITH STATUTORY REQUIREMENTS. The Shared

Services Agreement between the Township of Upper and Corbin City meets and satisfies 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 two (2) years from the date of the Agreement, 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.

Resolution No. 57-2019 Offered by: Young Seconded by: Barr Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ _____ Coggins __X___ _____ _____ _____ Corson __X___ _____ _____ _____ Young __X___ _____ _____ _____ Palombo __X___ _____ _____ _____

7. Authorizing the execution of a NJDEP TWA-1 Application Statements of Consent form

regarding 5 East Randolph Avenue, Strathmere, Block 830, Lot 18.



RE: AUTHORIZING THE EXECUTION OF AN NJDEP TWA-1 APP LICATION

STATEMENTS OF CONSENT FORM REGARDING 5 EAST RANDOLP H AVENUE, STRATHMERE, BLOCK 830, LOT 18

_____________________________________________________________________

15

WHEREAS, Nancy Clark has or is about to make application to the New Jersey

Department of Environmental Protection (hereinafter “DEP”) for Treatment Works Approval for a

proposed three bedroom single family dwelling, and has requested that the Township complete a

portion of DEP Form No. WQM-003, which merely consents to the submission of the application to

the DEP and certifies that the project, as proposed, conforms with the requirements of all municipal

Ordinances and does not otherwise impose any obligation or liability on the Township; and

WHEREAS, Nancy Clark must apply to the New Jersey Department of Environmental

Protection for Treatment Works Approval in order to install a pressure dosing septic system for a three

bedroom single family dwelling to be constructed on 5 East Randolph Avenue, Block 830, Lot 18 of

the municipal tax map of Upper Township, New Jersey; and

WHEREAS, the Township Engineer has informed the Township Committee as to the

general nature of the project and has indicated that the Township has no ordinance prohibiting the

proposed project; and

WHEREAS, the matter has been considered by the Township Committee and it has

been determined that the consent by the Governing Body should be granted to this application to permit

the application process to go forward; and

WHEREAS, the Township Committee wishes to authorize the Township officials to

execute said documentation;




2. The Mayor is hereby authorized to execute on behalf of the Township of Upper a

Statements of Consent, Section A-1, in the form attached hereto as Exhibit “A” and said consent shall

be completed by inserting therein this Resolution number and the date of its adoption.

3. This Statements of Consent is submitted in conjunction with the application of

Nancy Clark for treatment works approval for the property at Block 830, Lot 18 on the municipal tax

map.

4. A certified copy of this Resolution shall be provided to the applicant.

Resolution No. 58-2019

16

Offered by: Barr Seconded by: Coggins Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X____ _______ __________ _________ Coggins __X____ _______ __________ _________ Corson _ X____ _______ __________ _________ Young __X____ _______ __________ _________ Palombo __X____ _______ __________ _________

8. Adopting the Emergency Relocation Plan for the Primary and General Elections.



RE: ADOPTING THE EMERGENCY RELOCATION PLAN FOR

THE PRIMARY AND GENERAL ELECTIONS

WHEREAS, the Upper Township Office of Emergency Management has created an

Emergency Relocation Plan in order to ensure that the Primary and General Elections are conducted

unimpeded throughout the course of the day and to safeguard the rights of all qualified voters in the

Township; and

WHEREAS, the Township Committee has deemed in to be in the best interest of the

Township to adopt the Emergency Relocation Plan; and




2. The Township of Upper hereby adopts the Upper Township Relocation Plan for

the Primary Election and General Elections.

3. The Township Committee expressly reserves the right to amend or revise said

Emergency Relocation Plan at any time it deems it appropriate.

Resolution No. 59-2019 Offered by: Coggins Seconded by: Barr Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X__ _____ _____ _____ Coggins __X__ _____ _____ _____ Corson __X__ _____ _____ _____ Young __X__ _____ _____ _____ Palombo __X__ _____ _____ _____

17

9. Authorizing the Township of Upper to accept an Emergency Management Agency Assistance Subaward from the State of New Jersey Department of Law and Public Safety.



RE: AUTHORIZING THE TOWNSHIP OF UPPER TO ACCEPT AN EMERGENCY

MANAGEMENT AGENCY ASSISTANCE SUBAWARD FROM THE STAT E OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY

_________________________________________________________________________________ WHEREAS, the Township of Upper, Office of Emergency Management, has been awarded an Emergency Management Agency Assistance Subaward FFY18-EMPG-EMAA-0511, CFDA #97.042, from the State of New Jersey Department of Law and Public Safety for the performance period of July 1, 2018 through June 30, 2019; and WHEREAS, the Subaward, consisting of a total amount of up to $20,003.63, including up to $10,000.00 Federal Award and up to $10,003.63 Local Matching Funds, is for the purpose of enhancing Upper Township’s ability to prevent, protect against, respond to and recover from acts of terrorism, natural disasters and other catastrophic events and emergencies; and WHEREAS, the local match in the amount of up to $10,003.63, will be satisfied from the Township of Upper Office of Emergency Management’s salaries, wages and fringe benefits through the 2019 Township of Upper approved budget; and WHEREAS, the EMAA Subaward incorporates all conditions and representations contained or made in the application; and NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Upper hereby authorizes the acceptance of the Emergency Management Agency Assistance Subaward FFY18-EMPG-EMAA-0511, CFDA #97.042, from the State of New Jersey Department of Law and Public Safety; and BE IT FURTHER RESOLVED that the Mayor, Chief Financial Officer and the Township Emergency Management Coordinator are authorized to sign the appropriate Subaward documents; and BE IT FURTHER RESOLVED that the Director of the Division of Local Government Services is requested to approve the insertion of an item of revenue in the budget of the year 2019 in the sum of $10,000.00, once approved, from the State of New Jersey Department of Law and Public Safety; and BE IT FURTHER RESOLVED that the like sum of $10,000.00 is hereby appropriated under the caption FFY 2018 Emergency Management Agency Assistance; and BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the New Jersey State Police, Office of Emergency Management; Cape May County Office of Emergency Management; the New Jersey Director of the Division of Local Government Services.

18

Resolution No. 60-2019 Offered by: Barr Seconded by: Coggins Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ _____ Coggins __X___ _____ _____ _____ Corson __X___ _____ _____ _____ Young __X___ _____ _____ _____ Palombo __X___ _____ _____ _____

10. Approving the application of the Marmora Volunteer Fire Co. for Highway Coin Drops.

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 61-2019

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;




2. The application of the Marmora Volunteer Fire Co. to hold a coin drop within Upper

Township at the intersection of Roosevelt Boulevard and the Garden State Parkway from the Garden

State Parkway southbound exit and south entrance to the end of the plaza on the south side of Roosevelt

Boulevard is hereby approved for the following dates:

Saturday, May 25, 2019 from 9:00 am to 3:00 pm;

Saturday, July 13, 2019 from 9:00 am to 3:00 pm;

Saturday, August 10, 2019 from 9:00 am to 3:00 pm

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.

19

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. 61-2019 Offered by: Coggins Seconded by: Young Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr __X___ _____ _____ _____ Coggins __X___ _____ _____ _____ Corson __X___ _____ _____ _____ Young __X___ _____ _____ _____ Palombo __X___ _____ _____ _____

11. Refund EMS ambulance billing overpayment to Tricare for Life.

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 62 -2019

RE: REFUND EMS AMBULANCE BILLING OVERPAYMENT TO TRICARE FOR LIFE

_____________________________________________________________________________ WHEREAS, an overpayment has occurred in the account of an EMS ambulance billing

patient, where the monies sent to the Township of Upper by Tricare for Life were in excess as evidenced

by the attached copy of a letter attached hereto as Exhibit A.

NOW, THEREFORE BE IT RESOLVED , by the Township Committee of the

Township of Upper, Cape May County, that the refund is hereby authorized and the Chief Financial

Officer is hereby directed to refund monies as indicated below:

AMOUNT NAME $92.94 Tricare for Life P.O. Box 7928 Madison, WI 53707-7928 Resolution No. 62-2019 Offered by: Coggins Seconded by: Barr Adopted: February 11, 2019 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Barr ____X____ __________ ___________ _____ Coggins ____X____ __________ ___________ _____ Corson ____X____ __________ ___________ _____ Young ____X____ __________ ___________ _____ Palombo ___ X____ __________ ___________ ______ ORDINANCES

CORRESPONDENCE

20

NEW BUSINESS UNFINISHED BUSINESS DISCUSSION PAYMENT OF BILLS

1. “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 by John Coggins, second by Edward Barr. During roll call vote all five Committeemen voted in the affirmative. Bills approved for payment: $200,972.45 Payroll: $162,797.34

REPORT OF MUNICIPAL DEPARTMENTS

2. Clerk’s Office 3. Construction Code 4. Division of EMS 5. Finance Office 6. MUA Report 7. Tax Collector 8. Green Team Minutes 9. Certificate of Determination and Award-Bond Anticipation Note 10. 2018 Annual Tax Collectors Report

Motion by Richard Palombo, second by Edward Barr, to accept the report as submitted. During roll call vote all five Committeemen voted in the affirmative. PUBLIC COMMENT There was no public comment. CLOSED SESSION

11. Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded.

TOWNSHIP OF UPPER RESOLUTION NO. 63-2019

MOTION GOING INTO CLOSED SESSION FEBRUARY 11, 2019

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. Litigation - Rotimi Owoh on behalf of Aadari vs. Upper Township 2. Litigation - Upper Twp. vs. Paynter 3. Contract negotiation - EMS Billing 4. Contract negotiation - Architectural Services old Town Hall 5. Personnel

21

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 litigation matters such discussions will be made public when litigation is complete and the applicable appeal period has expired.

D. With respect to contract negotiations such matters will be made public when negotiations have ceased and there is no longer a reason for confidentiality.

Moved by: John Coggins Motion seconded by: Richard Palombo During roll call vote all five Committee members voted in the affirmative.

RECONVENE PUBLIC PORTION OF MEETING Motion by Richard Palombo, second by John Coggins, to reconvene the public portion of the meeting with all five Committeemen voting in the affirmative. ADJOURNMENT There being no further business this evening the meeting was adjourned at 8:56 P.M., with a motion by Richard Palombo, second by John Coggins, and all five Committeemen voting in the affirmative. The next Committee meeting is scheduled for February 25, 2019 with a Budget Workshop meeting at 6:00 P.M. and the regular meeting at 7:30 P.M. Minutes prepared by, Barbara L. Young, RMC Municipal Clerk Bill List 72977 02/11/19 A0025 ADVANTAGE RENTAL ACE HARDWARE 233.97 3065 72978 02/11/19 A0027 ACE PLUMBING SUPPLY,INC 212.65 3065 72979 02/11/19 A0060 ALL INDUSTRIAL-SAFETY PRODUCTS 1,010.80 3065 72980 02/11/19 A0091 ATLANTIC CITY ELECTRIC 18,454.99 3065 72981 02/11/19 A0175 Adams Rehmann & Haggan Assoc 1,188.00 3065 72982 02/11/19 A0193 ATLANTIC INVESTIGATIONS, LLC 186.00 3065 72983 02/11/19 A0212 ANCERO, LLC 6,640.00 3065 72984 02/11/19 B0031 BAINBRIDGE, J.P. & ASSOCIATES 2,480.00 3065 72985 02/11/19 B0035 BELMONT & CRYSTAL SPRINGS 39.06 3065 72986 02/11/19 B0052 BENNETT BATTERIES,LLC. 761.00 3065 72987 02/11/19 B0182 BRIGGS LAW OFFICE, P.C. 262.50 3065 72988 02/11/19 B0184 BUSHONG, BRIAN 18.65 3065 72989 02/11/19 B0201 BUCK'S ELECTRICAL SERVICE, INC 1,979.00 3065 72990 02/11/19 B0218 BCI BURKE COMPANY, LLC 2,634.91 3065 72991 02/11/19 B0232 BLUE FLAME GAS 337.83 3065 72992 02/11/19 C0008 CMC COURT ADMINISTRATORS ASSOC 200.00 3065 72993 02/11/19 C0019 CITY OF OCEAN CITY 60,288.25 3065 72994 02/11/19 C0031 CAPE ASSIST 1,155.00 3065 72995 02/11/19 C0048 CAPE MAY COUNTY MUA 37,952.01 3065 72996 02/11/19 C0068 COMCAST 442.79 3065

22

72997 02/11/19 C0146 COLLINS IRON WORKS, INC. 1,950.00 3065 72998 02/11/19 C0201 CRUZAN'S TRUCK SERVICE INC. 38.33 3065 72999 02/11/19 C0223 CASA PAYROLL SERVICE 752.25 3065 73000 02/11/19 C0230 CATAMARAN MEDIA COMPANY 94.85 3065 73001 02/11/19 C0305 CM3 BUILDING SOLUTIONS, INC. 2,415.00 3065 73002 02/11/19 D0015 DAN'S WELDING 6,840.00 3065 73003 02/11/19 F0013 FARM RITE INC. 177.27 3065 73004 02/11/19 G0006 GARBUTT,PATRICIA A. 1,608.00 3065 73005 02/11/19 G0141 GENTILINI CHEVROLET 283.11 3065 73006 02/11/19 H0073 HOME DEPOT CRC/GECF 337.69 3065 73007 02/11/19 H0170 Hurricanes U.T. Travel Team 300.00 3065 73008 02/11/19 J0040 JOHNSON & TOWERS, INC. 1,784.62 3065 73009 02/11/19 K0020 KENNEY,EDWARD 1,608.00 3065 73010 02/11/19 K0086 K D NATIONAL FORCE SECURITY 2,462.25 3065 73011 02/11/19 K0103 KYOCERA DOCUMENT SOLUTIONS 144.67 3065 73012 02/11/19 K0106 KOHLER, MARSHALL J 40.66 3065 73013 02/11/19 M0076 MGL PRINTING SOLUTIONS 510.00 3065 73014 02/11/19 M0290 MADDEN & MADDEN, PC 45.00 3065 73015 02/11/19 N0004 NJ-AMERICAN WATER CO. 82.38 3065 73016 02/11/19 N0094 NEW JERSEY PLANNING OFFICIALS 110.00 3065 73017 02/11/19 P0032 PEDRONI FUEL CO. 1,729.74 3065 73018 02/11/19 P0170 PEACH COUNTRY MULCH 1,800.00 3065 73019 02/11/19 P0187 PRINCIPE, JOHN C 40.66 3065 73020 02/11/19 R0030 RIGGINS, INC. 3,863.70 3065 73021 02/11/19 R0115 RID PEST CONTROL INC. 55.00 3065 73022 02/11/19 R106 RUMER, LISA 406.51 3065 73023 02/11/19 S0018 SUBURBAN PROPANE, LP 168.16 3065 73024 02/11/19 S0056 SEASHORE ASPHALT CORPORATION 246.25 3065 73025 02/11/19 S0057 SERVICE TIRE TRUCK CENTERS 218.24 3065 73026 02/11/19 S0073 SENIOR TRAVEL SERVICE,INC. 400.00 3065 73027 02/11/19 S0153 STERICYCLE, INC. 179.38 3065 73028 02/11/19 S0196 STEWART BUSINESS SYSTEMS LLC 499.71 3065 73029 02/11/19 S0239 SHORE VET. ANIMAL CONTROL LLC 4,600.00 3065 73030 02/11/19 S0249 BSN SPORTS 823.96 3065 73031 02/11/19 S0284 SOUTH JERSEY INTERPRETERS 171.73 3065 73032 02/11/19 S0292 JEFFREY SURENIAN & ASSOC. LLC 258.50 3065 73033 02/11/19 S0339 SANITATION EQUIPMENT CORP 604.40 3065 73034 02/11/19 T0005 TCTA OF NEW JERSEY 100.00 3065 73035 02/11/19 T0020 TERWILLIGER, DUANE E. 300.00 3065 73036 02/11/19 T0166 TREASURER, STATE OF NEW JERSEY 1,523.50 3065 73037 02/11/19 T0168 TOWNSHIP OF UPPER 303.88 3065 73038 02/11/19 U0049 UNITED ROTARY BRUSH CORP 1,756.00 3065 73039 02/11/19 U0067 UT HEALTH REIMB. ACCOUNT 2,633.97 3065 73040 02/11/19 V0013 VERIZON WIRELESS 1,196.65 3065 73041 02/11/19 V0024 VAL-U AUTO PARTS L.L.C. 414.65 3065 73042 02/11/19 W0030 WEST PUBLISHING CO. 497.81 3065 73043 02/11/19 W0038 WILLIAMS, JEREMIAH J. 42.00 3065 73044 02/11/19 W0087 W.B. MASON EGG HARBOR 1,330.91 3065 73045 02/11/19 X0008 XEROX FINANCIAL SERVICES 662.40 3065 73046 02/11/19 Y0008 YOUNG, DANIEL J. ESQUIRE PC 16,083.25 3065 Total: 200,972.45

Documents

TOWNSHIP OF UPPER 2100 TUCKAHOE ROAD PETERSBURG, NJ …uppertownship.com/wp-content/uploads/2019/02/02-11-2019-Budget... · TOWNSHIP OF UPPER 2100 TUCKAHOE ROAD PETERSBURG, NJ 08270