TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, and Municipal Attorney Daniel Young.
APPROVAL OF MINUTES - March 26, 2007 Regular Meeting and
Moved by Jay Newman, second by Barbara Camp to approve the Minutes as written with one addition to Closed Session Minutes, that being to item number 8 and it to read as follows, “Committeeman Curtis Corson and Municipal Attorney, Daniel Young abstained from discussion and any participation on this matter”. During roll call vote all five Committee members voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, reported that he received word that the Middle School would be closed on Tuesday due to heating problems. Mayor Palombo also discussed that the server for UTTV-Channel 2 as well as email, which the Township also utilizes, was inoperable over the weekend and that the Committee should consider a generator for the server. It was discussed that there is a generator at the school but that it was not big enough to handle everything. It is important that the computer server always be operational for email and channel 2 to broadcast information to the public especially during weather emergencies. The Municipal Engineer will be directed to make recommendations. Mr. Conrad discussed solar energy as a possible solution for the schools.
Barbara Camp, discussed the policy for cell phone use. There was discussion that personal cell phones could only be used for emergencies and strictly forbids their use during operation of any equipment. She directed that a resolution be placed on the next agenda.
She discussed the recent storm and that the Township came through it smoothly. There were some telephone lines down on the Ocean City side of Ocean Drive and were repaired. There was no water on Bayview Drive.
She reported on a meeting the Engineer attended last week for Shared Services in that the County is looking into a coop to purchase municipal vehicles. As it may be an opportunity for the Township to get a better price for vehicles, she will look into it further.
She discussed private trash collection and problems some municipalities are facing by using it, Shared Services are also looking into cooperative bidding for county municipalities.
She reported that amendments to the recycling ordinance are almost complete and will have draft copies for review at a future meeting.
Curtis Corson, Deputy Mayor, reminded the public that the next meeting on April 23rd, 4:00 P.M. with be the public hearing and hopefully the final adoption of the budget.
Jay Newman, made a motion to promote William Haberman from Recreation Maintenance Worker to Sr. Recreation Maintenance Worker, this was to make a provisional a permanent position; and Jason Tayor from Laborer to Recreation Maintenance Worker. Curtis Corson seconded with all five Committee members voting in the affirmative.
He commented that Strathmere came through the storm well. He discussed the interlocal service agreement between Upper Township and Ocean City went into effect on 4/2/2007.
Richard Palombo, Mayor, welcomed Senator Nicholas Asselta to the meeting. He commented on Governor Corzine’s recent accident and asked the Clerk to send him a note for best wishes from the Committee and the people from Upper Township.
He reported that Frances Senn, from the Clerk’s Office is retiring, thanked her for her years of service to the Township and wished her well. He made a motion to hire Jennifer Iacona as a Clerk Typist in the Clerk’s Office to replace Fran. Barbara Camp seconded the motion with all five Committee members present voting in the affirmative.
He congratulated Barbara Young from the Clerk’s Office on successfully completing a course on Elections.
He discussed a meeting he attended recently with Vincent Palmieri, Upper Township School Superintendent, about a land swap of one of the Township fields behind the Middle School for a section of School property located across Perry Road to be used for affordable housing. It was also discussed that the field is located in a Center however the other tract is not and would required Land Use amendments. The Mayor discussed security of our school campuses.
Wanda Gaglione, Municipal Clerk, reminded everyone to vote at the School Board election on Tuesday, April 17, 2007.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 081-2007
RE: AUTHORIZING A PURCHASE ORDER TO ARSENAL SOUND CO. FOR PROVIDING MUSIC FOR THE 2007 ANNUAL FOURTH OF JULY FIREWORKS DISPLAY
______________________________________________________________
WHEREAS, the Township of Upper has provided for a fireworks display for the residents of Upper Township and others; and
WHEREAS, the Township now wishes to provide music in connection with said fireworks celebration for the Fourth of July; and
WHEREAS, the Township has determined that Arsenal Sound Co. of Bridgeton, New Jersey shall provide said music for the Fourth of July fireworks display in accordance with the estimate attached hereto as Exhibit A; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to permit said Contract to be entered into.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated
in full herein by this reference.
2. The Township Committee hereby authorizes the purchase order of Arsenal Sound Co. attached hereto as Exhibit A for the production of music for the 2007 annual Fourth of July fireworks display.
3. 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.
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, including but not limited to entering into and execution of the purchase order as set forth on Exhibit A hereto.
Resolution No. 081-2007
Offered by: Newman Seconded by: Camp
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _ X_ ______
Conrad _ X_ ______
Corson _ _ _ X ______
Newman _ X_ ______
Palombo _ X_ ______
TOWNSHIP OF UPPERPRIVATE
R E S O L U T I O N
RESOLUTION NO. 082- 2007
TAX CORRECTIONS
_________________________________________________________
WHEREAS, certain corrections have been recommended
by the Upper Township Tax Collector in order to refund monies,
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. 082- 2007
Offered by: Conrad Seconded by: Camp
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X_______ __________ __________ __________
Conrad ___X_______ __________ __________ __________
Corson ___X_______ __________ __________ __________
Newman ___X_______ __________ __________ __________
Palombo ___X_______ __________ __________ __________
BLOCK/LOT AMOUNT NAME & ADDRESS
348/60 $544.71 MD Sass
Attn: Diana Pinkhasov
1185 Ave of Am. 18th Fl.
New York, NY 10036
Returning payment to Lienholder, assessed owner already paid 1st qtr.
_____________________________________________________________
453.10/356/C001 – C218 Ocean Sands Resort Assoc. Inc.
$47,679.61 710 W. Hoffecker Rd.
Pottstown, PA 19465
Credit due to Tax Court Appeal of all 218 sites (see attached sheets for detail).
______________________________________________________________
801/1 $1,779.12
Deeded to Township
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 083-2007
RE: AUTHORIZING EXECUTION OF NJDEP TWA-1 APPLICATION STATEMENTS OF CONSENT FORM REGARDING
BLOCK 651, LOTS 1-5, 10, 11, 16 AND BLOCK 653.01, LOT 1 and 5
_______________________________________________________________________
WHEREAS, Scarborough Properties, Inc./SP Marmora, L.L.C. (hereinafter “Scarborough”) has or is about to make application to the New Jersey Department of Environmental Protection (hereinafter “DEP”) for Treatment Works Approval 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, Scarborough must apply to the New Jersey Department of Environmental Protection for Treatment Works Approval in order to comply with the Upper Township Planning Board Resolution No. PB 11-04 adopted on September 21, 2006;
WHEREAS, the Township Engineer has informed the Township Committee as to the general nature of the project and has indicated that the project, as proposed, conforms to the requirements of all municipal Ordinances;
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;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Mayor 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 Scarborough Properties, Inc./SP Marmora, L.L.C. for treatment works approval for the Marmora Shopping Center Collection, Treatment and Disposal System at Lots 1-5, 10, 11, 16, Block 651 and Lots 1 and 5, Block 653.01 on the municipal tax map.
4. A certified copy of this Resolution shall be provided to the applicant.
Resolution No. 083-2007
Offered by: Conrad Seconded by: Camp
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X_______ __________ __________ __________
Conrad __X_______ __________ __________ __________
Corson __X_______ __________ __________ __________
Newman __X_______ __________ __________ __________
Palombo __X_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RE: AUTHORIZING THE MAYOR TO SIGN THE
CAPE MAY COUNTY MUNICIPAL UTILITIES AUTHORITY
2007 RECYCLING MINI-GRANT APPLICATION
_________________________________________________________________
WHEREAS, the Township of Upper wishes to take advantage of the Cape May County Municipal Utilities Authority Recycling Mini-Grant Application that will be available for 2007; and
WHEREAS, the Township Committee fully supports and
endorses the actions of the Township Engineer in his filing of the mini-grant application.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Mayor of the Township of Upper is hereby authorized, directed and empowered to sign the Cape May County Municipal Utilities Authority Recycling Mini-Grant Application outlined above, for 2007.
3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution.
4. A certified copy of this Resolution shall be provided to the Township Engineer for insertion into the mini-grant application for 2007.
Resolution No. 084-2007
Offered by: Camp Seconded by: Newman
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____X_______ __________ __________ __________
Conrad ____X_______ __________ __________ __________
Corson ____X_______ __________ __________ __________
Newman ____X_______ __________ __________ __________
Palombo ____X_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 085-2007
RE: APPROVING THE APPLICATION OF THE TUCKAHOE VOLUNTEER FIRE CO. FOR HIGHWAY COIN DROPS
___________________________________________________________
WHEREAS, the Tuckahoe Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold coin drop solicitations in Upper Township; and
WHEREAS, the Township Committee has approved the requests; and
WHEREAS, the requests require approval from the County of Cape May and the State of New Jersey;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The application of the Tuckahoe Volunteer Fire Co. to hold a coin drop within Upper Township is hereby approved for the following dates and locations:
Friday, July 27, 2007 from 5:00 p.m. to 9:00 p.m. AND
Saturday, July 28, 2007 from 9:00 a.m. to 3:00 p.m.
Intersection of Co. Route 617 & Route 49
Sunday, July 29, 2007 from 3:00 p.m. to 8:00 p.m.
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the State of New Jersey, Department of Transportation and the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 085-2007
Offered by: Newman Seconded by: Corson
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____X______ __________ __________ __________
Conrad ____X______ __________ __________ __________
Corson ___X_______ __________ __________ __________
Newman ____X______ __________ __________ __________
Palombo ____X______ __________ __________ __________
6. Authorizing the Execution of a Site Access Agreement with the New Jersey
Department of Environmental Protection for the Allendale Road Area Investigation.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 086 -2007
RE: AUTHORIZING THE EXECUTION OF A SITE ACCESS AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ALLENDALE ROAD AREA INVESTIGATION
__________________________________________________________
WHEREAS, the New Jersey Deputy Attorney General has contacted the Township of Upper on behalf of the New Jersey Department of Environmental Protection (DEP) in regard to the DEPs groundwater investigation in the Allendale Road Area of the Township; and
WHEREAS, the DEP requests that Upper Township give the DEP access to several public roads in Upper Township to perform a groundwater investigation; and
WHEREAS, the DEP has proposed a Site Access Agreement outlining the DEPs commitments and indemnification as well as other terms regarding the proposed access to the Upper Township roads identified in said Agreement; and
WHEREAS, the Township Committee of the Township of Upper has determined it is in the best interest of the citizens of the Township to enter into the Site Access Agreement with the DEP.
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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, the Site Access Agreement with the DEP for the groundwater investigation in the Allendale Road Area of the Township
SEQ ì_0 \* Arabic \n3. 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. 086-2007
Offered by: Camp Seconded by: Palombo
Adopted: April 16, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____X_____ __________ __________ __________
Conrad _____X_____ __________ __________ __________
Corson _____X_____ __________ __________ __________
Newman _____X_____ __________ __________ __________
Palombo _____X_____ __________ __________ __________
7. Public Hearing and Final Adoption of Ordinance No. 006-2007 Re: An Ordinance establishing Chapter XXV of the Revised General Ordinances and the Code of Upper Township. During the Public Comment section of the hearing Kitty Negler of Tuckahoe asked how the township would address billing those who can’t pay for the emergency medical services. Services would not be denied to those who cannot pay. Motion to adopt the ordinance was made by Jay Newman, second by Frank Conrad with all five members present voting in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 006-2007
RE: AN ORDINANCE ESTABLISHING CHAPTER XXV OF THE REVISED GENERAL ORDINANCES AND THE CODE OF UPPER TOWNSHIP
BE IT ORDAINED by the Township Committee, in the Township of Upper, County of Cape May and State of New Jersey, as follows:
SECTION 1: The Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township shall be amended and supplemented to establish Chapter 25 as hereinafter provided:
Chapter XXV: EMERGENCY MEDICAL SERVICES
25-1 EMERGENCY MEDICAL TRANSPORT SERVICES
SECTION 25-1.1 Emergency medical services provided:
The Township of Upper provides emergency medical services (EMS) to citizens and visitors to the Township of Upper to the extent that services are available. EMS services are provided by employees of the Township of Upper in the Upper Township Division of EMS, by volunteers through the Upper Township Rescue Squad, Inc. and by other municipalities through an interlocal services agreement where applicable.
SECTION 25-1.2 Non-emergency transport provided:
In addition to the emergency medical services as provided in 25-1.1, the Township of Upper may provide secondary non-emergency transport based on criteria established by the Upper Township Division of EMS.
SECTION 25-1.3 No denial or delay of service:
All persons needing EMS who are located within the Township of Upper shall be serviced to the extent that services are available without discrimination on any basis and without respect to residency, ability to pay, or any other factor. No person located within the Township of Upper at the time emergency services are needed shall be denied available service, when such services are available. There shall be no delay in providing available service due to EMS cost-recovery procedures.
SECTION 25-1.4 Allocation of costs:
The costs of providing available service due to EMS shall be paid by a combination of insurance payments for service to persons who have insurance coverage; direct payments from persons served for amounts not covered by insurance; revenues from service agreements with persons, agencies, and jurisdictions that rely on EMS and local residents who certify they do not have insurance coverage or other resources to pay for service.
SECTION 25-1.5 Maintenance of service records:
Personnel of the Upper Township Division of EMS shall maintain accurate records of all EMS requests for service, service calls and services provided. Said records shall include pertinent information about the general nature of the call and shall identify the complete name, mailing address, location and telephone numbers of all persons requesting and receiving EMS services.
SECTION 25-1.6 Billings for services:
The Township of Upper shall contract with a third party billing agent who shall issue a bill in the amount of Four Hundred Dollars ($400) in each instance where EMS services or non-emergency transport are provided. Said bill shall be issued to the insurance company providing coverage for the person served, if any, or directly to the person served if insurance coverage is not available.
SECTION 25-1.7 Payment for emergency medical services:
Persons receiving bills for EMS services shall make payment in full to the Chief Financial Officer of the Township of Upper, or her designee, within 30 days, or provide proof that they have submitted a claim to their insurance carrier for payment within 30 days of receipt of the bill. These provisions shall be subject to the following:
a. Persons receiving EMS service who have health insurance to cover ambulance and emergency medical services are expected to cooperate with the Chief Financial Officer, or her designee, and other personnel as designated by the Township of Upper to secure full payment for services rendered.
b. In the event the health insurance company of a taxpayer or full-time resident of the Township of Upper does not pay the bill in full, the Township will accept such partial payment to the extent of the insured's policy limits, including deductible and co-insurance requirements, as payment in full.
c. In the event a taxpayer or year-around resident of the Township of Upper does not have health insurance, payment in full shall be required; except that, upon submission of proof in accordance with the rules and regulations established concerning the inability to pay the full charge, a minimum payment in the amount not less than the current and customary Medicare payment for emergency medical services shall be accepted.
d. Due to time requirements for the preparation and processing of insurance claims, interest shall not be charged on EMS billings.
e. The Chief Financial Officer, or her designee, shall be responsible for receipt of all payments and the communication to the third-party billing agent for payments received. The third-party billing agent shall be responsible for accounting of payments and providing the Township with a current billing and receivable ledger. The third-party billing agent is responsible for the initial billing and two follow-up billings. Costs associated with the third-party billing agent shall be based solely on a percent of cash collections. After three attempts to collect said claim, the third party billing agent shall notify the Township and relinquish rights to that billing. The Township of Upper shall turn said delinquent accounts to a collection agency who will be compensated on a percent of cash collections of the delinquent accounts. The Township of Upper reserves the right to determine that a bill is uncollectible and written off.
SECTION 25-1.8 Definitions
For the purpose of emergency medical services charges, the following definitions shall apply:
DEPENDENT shall mean:
a. Any individual who is the spouse or unmarried child (natural, adopted or stepchild) under the age of 19 years of a taxpayer or year round resident as defined in this section;
b. Any unmarried child under the age of 19 years for whom the taxpayer or year round resident has been appointed legal guardian;
c. Any individual who resides in the permanent domicile of the taxpayer or year round resident and is claimed as a dependent for federal income tax purposes; or
d. Any individual who resides in the permanent domicile of the taxpayer or year round resident and who is deemed to be a dependent under the health insurance policy of the taxpayer or year around resident.
TAXPAYER shall mean any individual listed on the deed of ownership of any property located within the municipal boundaries of the Township of Upper and their "dependents," as defined in this section. In the case of a corporation or partnership, only those individuals retaining a twenty-five percent (25%) or greater ownership shall be considered a taxpayer. For the purpose of determining a twenty-five percent (25%) or greater ownership, adult married husband and wife may combine their ownership.
YEAR-ROUND RESIDENT shall mean any individual residing within the municipal boundaries of the Township of Upper for a period of at least six months during the year prior to EMS service. Verification of residency shall be based on voter registration, or a state of New Jersey driver's license, or proof of filing a State of New Jersey income tax return from a Township of Upper address. A "dependent," as defined in this section, shall be considered a "taxpayer."
SECTION 25-1.9 Regulations and implementation decisions:
The Township of Upper is authorized to adopt, by resolution, rules and regulations to implement the emergency medical services provisions of this chapter, including but not limited to the criteria by which eligibility to pay is determined. On matters not addressed by provisions of this chapter or specific regulations and implementation decisions by resolution of the Township of Upper, the Chief Financial Officer of Upper Township (as to the billing and collection aspect) is authorized to establish and follow administrative rules and regulations for the effective administration of this chapter.
SECTION 2: REPEALER: All Ordinances or parts of Ordinances which are in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency or conflict only.
SECTION 3: SEVERABILITY: If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.
SECTION 4: EFFECTIVE DATE: This Ordinance shall take effect upon final adoption and publication as required by law.
SECTION 5: CODIFICATION: This Ordinance shall be codified in the Upper Township Code at the sections referred to above.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 12th OF MARCH, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 16th DAY OF APRIL, 2007 AT 7:30P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
8. Public Hearing and Final Adoption of Ordinance No. 007-2007 Re: Calendar Year 2007 Ordinance To Exceed The Municipal Budget Appropriation Limits and To Establish A Cap Bank, (N.J.S.A. 40A: 4-45.14). There were no speakers during the Public Comment section of the hearing. Motion to adopt the ordinance was made by Curtis Corson, seconded by Barbara Camp with all five members voting in the affirmative.
CAPE MAY COUNTY
ORDINANCE
ORDINANCE NO. 007-2007
CALENDAR YEAR 2007
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Township Committee of the Township of Upper in the County of Cape May finds it advisable and necessary to increase its CY 2007 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Township Committee hereby determines that a 1.0% increase in the budget for said year, amounting to $82,450.53 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Upper, in the County of Cape May, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2007 budget year, the final appropriations of the Township of Upper, shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $288,576.86, and that the CY 2007 municipal budget for the Township of Upper be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 12th OF MARCH, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 16th DAY OF APRIL, 2007 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE,TOWNSHIP CLERK
TOWNSHIP OF UPPER
9. Public Hearing and Final Adoption of Ordinance No. 008-2007, RE: An Ordinance Amending Revised General Ordinance Chapter IX (Recreation Facilities) Of The Code Of Upper Township. There were no speakers during the Public Comment section of the hearing. Motion to adopt the ordinance was made by Curtis Corson, seconded by Frank Conrad with all five committee members voting in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 008-2007
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER IX (RECREATION FACILITIES) OF THE CODE OF UPPER TOWNSHIP
_____________________________________________________
BE IT ORDAINED by the Township Committee, in the Township of Upper, County of Cape May and State of New Jersey, as follows:
SECTION 1. Chapter IX of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:
Section 9-4 is revised as follows:
9-4 BOAT RAMP.
9-4.1 Fees.
The following fees shall be charged with respect to Township owned and operated boat ramp facilities:
Type of Pass Fee
Daily rate - except Saturdays, Sundays and holidays $12.00 per day
Daily rate - Saturdays, Sundays and holidays $15.00 per day
Seasonal rate if purchased on or before May 31st $100.00
Seasonal rate if purchased after May 31st $150.00
Commercial pass (seasonal only) $350.00
Certain discounts may be available pursuant to subsection 9-4.7. No commercial vessel shall utilize a Township boat ramp without obtaining a commercial pass. Daily passes are not available for commercial vessels. A boat ramp pass is required for each vessel, boat or personal watercraft (i.e., jet skis or wave runners). The same fee applies for all such vessels. Each permit sticker issued must be placed on the left hand side of the stern of the vessel for which it was purchased. Failure to so display a valid pass shall be considered a violation of this chapter.
9-4.2 Collection.
The fees established in subsection 9-4.1 shall be collectable between the period of the Saturday before Memorial Day and Labor Day of each year.
9-4.3 Purchase of Seasonal and Commercial Passes.
Any person wishing to purchase a commercial pass or seasonal pass and pay the required fee for the use of a Township boat ramp shall do so by making application to the Township Clerk on a prescribed form and tendering the prescribed fee.
9-4.4 Daily Fees.
A daily fee for the use of the boat ramp for noncommercial vessels may be paid either at Township Hall during normal business hours or shall be paid to the attendant in charge of the boat ramp facility.
9-4.5 Length of Vessel; Restriction; Exception.
Unchanged.
9-4.6 Reasons for Length Restriction; Statement of Public Policy.
Unchanged.
9-4.7 Year-round Township Resident.
A year-round resident of the Township of Upper shall be entitled to a discount for noncommercial vessels equal to one-half of the seasonal rate under the following conditions:
a. The individual must reside within the municipal boundaries of the Township of Upper for a period of at least six months during the year prior to application for the seasonal noncommercial pass; and
b. Such resident must complete an application on forms prescribed by the Township of Upper which demonstrates such year-round residency; and
c. Verification of such residency shall be based on voter registration, or a State of New Jersey drivers license, or proof of filing of a State of New Jersey income tax return from a Township of Upper address.
d. If a year-round Township resident owns more than one (1) vessel such resident shall be charged one-half of the resident rate for each additional noncommercial vessel.
e. Repealed.
9-4.8 No Loading or Unloading at Boat Ramp.
The Township boat ramp facilities, including all docks, piers and slips, shall be utilized only to launch and retrieve authorized vessels. There shall be no loading or unloading of vessels or equipment associated with vessels at the Township boat ramp facilities.
9-4.9 Violation and Penalty.
Any person who violates the provisions of this section shall be subject to the following penalties:
a. Any individual who violates the terms and conditions of this section shall immediately forfeit his or her boat ramp pass without refund and shall be denied access to the Township boat ramp for a period of one (1) year.
b. Any person convicted of violating the provisions of this Ordinance shall pay a fine not to exceed Five Hundred Dollars ($500.00).
SECTION 2. Chapter 9-7 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:
Section 9-7.6 Fees.
a. Unchanged.
b. The following fee schedule shall apply to the use of the park:
1. Cape May County resident - $20.00 annual
2. Cape May County resident - $10.00 weekly
3. Cape May County resident - $5.00 daily
4. Non-Cape May County resident - $40.00 annual
5. Non-Cape May County resident - $15.00 weekly
6. Non-Cape May County resident - $8.00 daily
7. Birthday parties - $60.00 per hour for a maximum of two (2) hours exclusive use.
8. Unchanged.
SECTION 3: REPEALER: All Ordinances or parts of Ordinances which are in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency or conflict only.
SECTION 4: SEVERABILITY: If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect upon final adoption and publication as required by law.
SECTION 6: CODIFICATION: This Ordinance shall be codified in the Upper Township Code at the sections referred to above.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 26TH OF MARCH, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 16TH DAY OF APRIL, 2007 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
CORRESPONDENCE
10. Dr. Steward Farrell from Richard Stockton College of NJ report on the Strathmere beaches. Report duly received.
11. Request from Greater Tuckahoe Area Merchants Association for an ordinance change to allow Club Licenses. Committeemen Frank Conrad abstained from participating in this matter. David Levari, president of GTAMA was present along with attorney, Alfred J. Verderose from Vineland, as well as several members from the organization. Mr. Young explained that Club Licenses go to the organization, are for non-profit groups, such as religious, fraternal, etc. for club members and their invited guests, with limitations by law of the number of guests, and are for consumption on premises only. Presently our ordinance prohibits Club Licenses and if the Committee were to decide to amend that, they should consider a number limit on the amount of licenses that can be issued. Population prohibits the issuance of a regular liquor license. One-day liquor licenses were also discussed. Mr. Levari explained that it was not difficult to obtain a one-day license for a fundraising event, however the liability insurance is very expensive. Several aspects of the law were discussed such as the club quarters 3-year requirement, membership requirements and numbers, insurance, background checks of officers, and asked if this would be just for the club or marketed for social affairs to the general public.
Mr. Levari stated that at this time the request is to amend the ordinance, that the GTAMA will then apply to the State of New Jersey for a Club License and would then have to comply with all laws. Mr. Levari stated that the building could hold club events, rent the facility out with or without the license, or with the one–day liquor license. He discussed the insurance he presently has on the property.
The Committee discussed the matter thoroughly and considered the number of licenses they would allow in the Township.
Motion was made by Barbara Camp, second by Curtis Corson to amend the ordinance to allow Club Licenses in the Township and place a limit on the number allowed to be issued to three. During roll call vote four Committee members voted in the affirmative, Frank Conrad abstained. Ordinance introduction was set for the next meeting.
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.” Moved by Barbara Camp second by Jay Newman with all five members voting in the affirmative.
Bills submitted for payment: $200,966.50
Payroll: $150,231.42
Senator Nicholas Asselta, discussed that he attended this evenings meeting and will visit the other 22 towns he represents to see how local government operates and complimented the Committee on their efficiency. He discussed the Beesleys Point Bridge matter to get some direction from the governing body. He discussed the engineering report on the bridge that he received this afternoon and commented on the poor integrity of the bridge. Mayor Palombo commented on a phone call he received from the Press about the engineering report, of which he has not seen yet. He was asked by the Press if is was worth the $15-$20 million to make the bridge passable for 15 years. Mr. Palombo answered that his biggest concern in the entire process is that in the event of some kind of an emergency evacuation where we needed to move many people we would be in dire difficulty to do that. “Fortunately we have never had to experience a massive evacuation from a significant storm, however having seen what happened first hand with Katrina, and witnessing the kind of devastation they experienced; it again was the same scenario experienced in Texas with Hurricane Rita. I don’t think any of us have ever experienced an evacuation of that magnitude and one could theoretically happen here during summer months. My concern is that if we don’t have another access other than the G.S. Parkway to evacuate, we are basically isolated. We have Rt. 47 designated as an emergency evacuation route by the County, which Rutgers has already said would never work. I have real concerns that we will find ourselves with major problems if faced with an emergency evacuation of Cape May County. When the question was posed to me today would it make sense to spend the money to replace the bridge, if that is the only opportunity to have another access besides the GSP then yes it might make sense, but I think eventually one of the bridges on the Parkway will need to be replaced because the first bridge has been here since I can remember. I think the entire infrastructure is flawed in Cape May County in getting off this peninsula. I have no problem in you facilitating any kind of opportunity to the Township but I believe we need another alternative route.” Deputy Mayor Corson discussed the difficulties in getting permitting for such a project and the reaction time in Cape May County compared with further north in the state. Senator Asselta discussed a short-term solution, one would be an emergency access that would go around Harbor Road so you could enter the northbound Parkway lane, the other southbound that would use the old Atlantic City Electric right-of-way that comes out by the Tuckahoe Inn. He asked for letters and/or resolutions in support. Deputy Mayor Corson stated that we have many resolutions that were sent regarding the bridges and general roadways in Cape May County. In addition, Mayor Palombo asked for some alternative to the interchange at Exit 20 to help move people.
Senator Asselta also spoke in support of the GTAMA request for an ordinance change.
Mary May, Tuckahoe, wants the GSP Bridges as well at the Beesley’s Point Bridge rebuilt to present standards.
Kitty Negler, Marshallville, wants the Township to participate in a gypsy moth spray program, wants the Beesleys Point Bridge reopened and discussed emergency evacuation routes for Cape May County.
Motion was made by Jay Newman, second by Barbara Camp to close this portion of the meeting and go into an executive session. During roll call all five committee members voted in the affirmative.
CLOSED SESSION
18. Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded.
Motion was made by Jay Newman, second by Barbara Camp to close this portion of the meeting and go back into open session. During roll call all five committee members voted in the affirmative.
Motion by Curtis Corson, second by Jay Newman to cancel MUA permit No. 2127 for McTigue with no reinstatement. During roll call vote all five Committee members present voted in the affirmative.
Motion by Curtis Corson, second by Jay Newman to cancel M. Greiner’s MUA permit and balance in the amount of $45.38, for nonpayment, with no reinstatement. During roll call vote all five Committee members present voted in the affirmative.
Motion by Jay Newman, second by Curtis Corson to pay retiring employee Frances Senn 100% of her unused sick time. During roll call vote all five Committee members present voted in the affirmative.
ADJOURNMENT
There being no further business this evening the meeting was adjourned at 10:15 P.M. Next meeting to be April 23, 2007 at 4:00 P.M.
Wanda Gaglione, RMC
Municipal Clerk
043307 04/16/07 *** Alignment Check *** .00 * VOID *
043308 04/16/07 *** Alignment Check *** .00 * VOID *
043309 04/16/07 A0004 A+ COMMERCIAL OFFICE CLEANERS 250.00
043310 04/16/07 A0006 ADVANCE TREADS INC &