TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Absent
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Absent
Also present were Deputy Municipal Clerk Barbara A. Spiegel, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - October 22, 2007 Regular Meeting and
REPORT OF GOVERNING BODY MEMBERS
Daniel Young, Municipal Attorney, reported that the Township received correspondence along with a new petition from the citizens of Strathmere and Whale Beach with regard to their de-annexation request. He commented that he would review the petition and report back to the Committee.
Paul Dietrich, Township Engineer, reported that the Township is close to getting the permits needed for the Sumner Avenue bulkhead. He requested permission to go out to bid for the project. Motion to go out to bid for the bulkhead project by Jay Newman, second by Curtis Corson with the three Committee members present voting in the affirmative.
Mr. Dietrich also commented on information he recently forwarded to the Committee with regard to affordable housing. He asked the Committee to review the information for placement on the December 10, 2007 agenda.
Mr. Dietrich also reported on a phone call he received from Hatfield Corporation, a helicopter service that is requesting Township approval for a temporary landing site in Tuckahoe. The company will be moving equipment needed to work on transmission lines via helicopter. They have an agreement with property owner, Steve Rinck of 150 Route 49, Tuckahoe to use his field at the corner of Station Avenue and Route 49 for the landing area. Although the proposed site is on private property, state regulations require Township approval. Mr. Dietrich reported that the helicopter service would like to commence activity on December 10, 2007. Mr. Young questioned whether or not the activity would comply with the Zoning Board requirement of permitted uses. Mr. Corson commented that he would like to see the property owners of the horse farm notified. Mr. Newman questioned why the helicopter service wasn’t using the Woodbine Airport as the landing area. He also commented that he would like to see all property owners within 200’ feet of the activity notified. Mr. Young recommended that the helicopter service apply to the Zoning Board for a Use Variance.
Mr. Dietrich reported that the Township’s new recycling flyers were received. He reported that 13,000 flyers were printed from a grant from the Cape May County MUA. He commented that the Public Works Department would be distributing the flyers to Township residents and businesses.
Mr. Dietrich also reported on the recent coastal storm, Noel, that hit Strathmere. He reported that the dune on the north end of Strathmere took a very hard hit and the storm undermined a portion of the retaining wall at the corner of Seaview and Neptune. The property owner installed the wall to protect their septic system. Mr. Dietrich reported that he sent a letter to the Department of Environmental Protection’s Bureau of Coastal Engineering to see if the Township would be able to piggyback with Ocean City’s contract for beach fill for the periodic re-nourishment of the dunes. He requested sand for the north end of Strathmere, he also asked several contractors for quotes to move sand. Mr. Dietrich commented that the Township currently has a beach and dune maintenance permit from the Department of Environmental Protection that allows this but an Army Corps of Engineer permit is still needed. Another option the DEP permit allows for immediate relief that doesn’t conflict with the Army Corps requirements is to haul sand from an off shore site. The prices to bring in approximately ten thousand cubic yards of sand are around $70-80,000.00. Mr. Corson reported that the money is readily available. Mr. Newman commented that he would like to start the process to move the sand in as soon as possible and apply for the Army Corps permit.
Frank Conrad congratulated Mr. Corson and Mr. Newman on their recent reelection. He reported that the football teams did very well in the playoffs. Two teams were knocked out of the competition, but the PeeWee division will be playing in the semi finals.
Jay Newman reported on an email he received requesting the return of the trash cans that were removed in Strathmere. He reported that some of the cans that were removed would be returned.
Curtis Corson reported that he and the Mayor recently negotiated the union contract. It is ready to be forwarded to the union representatives. Motion was made by Jay Newman, second by Frank Conrad to approve the contract pending the union approval and authorize the Mayor to sign it. During roll call vote the three Committee members present voted in the affirmative.
1. A resolution recognizing Robert Spiegel for his service on the Upper Township Football Association and extending to him thanks and appreciation.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 211-2007
RE: A RESOLUTION RECOGNIZING
ROBERT SPIEGEL
FOR HIS SERVICE ON THE
UPPER TOWNSHIP FOOTBALL ASSOCIATION
AND EXTENDING TO HIM THANKS AND APPRECIATION
_________________________________________________________________
WHEREAS, Robert Spiegel has generously volunteered his personal time and service to the Upper Township Football Association for over fifteen years; and
WHEREAS, during his years here he has served as President of the Upper Township Football Association, Head Coach for the Indians Varsity team, and Coach for Baseball and Basketball; and
WHEREAS, these endeavors benefit all the citizens of Upper Township especially our children, and it is appropriate that he be publicly thanked for generously dedicating his personal time and service.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, in the County of Cape May and State of New Jersey, to extend to Robert Spiegel heartfelt thanks and gratitude for the generous donation of his time and service to this community, and wish him well in future endeavors.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 13th day of November, 2007.
Resolution No. 211-2007
Offered by: Newman Seconded by: Conrad
Adopted: November 13, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ _____X____
Conrad ___X______ __________ __________ __________
Corson ___X______ __________ __________ __________
Newman ___X______ __________ __________ __________
Palombo ___________ __________ __________ _____X___
2. Declaring an Emergency at the Northern end of Strathmere, Upper Township.
Motion was made by Jay Newman, second by Frank Conrad to authorize Paul Dietrich to proceed with the plan outlined to start the beach fill immediately and apply for the Army Corps of Engineers permit to move the sand bar back. During roll call vote the three Committee members present voted in the affirmative.
TOWNSHIP OF UPPERPRIVATE
PRIVATE CAPE MAY COUNTYtc \l 1 " CAPE MAY COUNTY"
R E S O L U T I O N
RESOLUTION NO. 212-2007
RE: DECLARING AN EMERGENCY AT
THE NORTHERN END OF STRATHMERE
_______________________________________________________
WHEREAS, the Township of Upper has been aware that the beach and shoreline at the Northern end of Strathmere (Ludlam Island) is eroding at a rate which is about to involve infrastructure and private homes; and
WHEREAS, the Tropical Storm Noel passed by Strathmere on November 2nd and 3rd , 2007 causing severe erosion to the dunes at the end of Seaview Avenue in Strathmere; and
WHEREAS, the quarterly surveys done by Dr. Stewart Farrell, Director of the Coastal Research Center has documented a continued retreat of beach and erosion of the dune; and
WHEREAS, the remaining dune lies within 20-25 feet from the asphalt road surface of Seaview Avenue and at the base of the vinyl bulkhead the protects the septic system for the home at 29 Seaview Avenue.
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 that:
1. The allegations of the preamble are incorporated herein by this reference
2. The Township Committee hereby declares an emergency at the Northern end of Strathmere (Ludlam Island) and hereby authorizes Township Officials to execute the document attached hereto as Exhibit “A” entitled Proclamation of Local Disaster/Emergency.
3. That appropriate short-term remedies will be undertaken to protect the infrastructure and private homes at the Northern end of Strathmere.
Resolution No. 212-2007
Offered by: Corson Seconded by: Newman
Adopted: November 13, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____ _____ _____ ___X_
Conrad __X__ _____ _____ _____
Corson __X__ _____ _____ _____
Newman __X__ _____ _____ _____
Palombo _____ _____ _____ ___X_
PRIVATE Exhibit “A”tc \l 2 "Exhibit ?A?"
PRIVATE TOWNSHIP OF UPPERtc \l 1 "TOWNSHIP OF UPPER"
COUNTY OF CAPE MAY, NEW JERSEY
PROCLAMATION OF LOCAL DISASTER/EMERGENCY
TO ALL CITIZENS AND PERSONS WITHIN THE MUNICIPALITY OF UPPER TOWNSHIP, NEW JERSEY, AND TO ALL DEPARTMENTS, DIVISIONS AND BUREAUS OF THE MUNICIPAL GOVERNMENT OF UPPER TOWNSHIP, NEW JERSEY:
WHEREAS, pursuant to the powers vested in me by (Chapter 251 of the Laws of 1942, as amended and supplemented, N.J.S.A. App. A:9-30 et. seq. ; N.J.S.A. 40: 48-1(6), and ordinances enacted pursuant thereto; N.J.S.A. 2C: 33-1 et. seq.;-- whichever law or laws apply), and by ordinances adopted by the Township of Upper, I have declared that a local disaster/emergency exists within the Township of Upper; and
WHEREAS, the aforesaid laws authorize the promulgation of such orders, rules and regulations, as are necessary to meet the various problems which have or may be presented by such a disaster/emergency; and
WHEREAS, by reason of the severe erosion to the beach and dune at the Northern end of Strathmere (Ludlam Island), occurring as a result of Tropical Storm Noel passing the area on November 2nd and 3rd, 2007, conditions which presently exist in certain areas of the Township of Upper as stated above, which may affect the health, safety, and welfare of the people of the Township of Upper; and
WHEREAS, it has been determined that these areas, of the Township of Upper should then be declared disaster areas, and further that certain measures should then be taken to insure that the authorities will be unhampered in their efforts to maintain law and order as well as an orderly flow of traffic and further in order to protect the persons and property of the residents affected by the conditions; and
WHEREAS, the following areas are designated disaster areas:
Northern end of Strathmere (Ludlam Island), from Seacliff Avenue north onto the Strathmere natural area.
NOW, THEREFORE, IN ACCORDANCE WITH the aforesaid laws, I do hereby promulgate and declare the following
regulations shall be in addition to all other laws of the State of New Jersey and of the Township of Upper.
That appropriate short-term remedies will be
undertaken to protect the infrastructure and
private homes at the Northern end of Strathmere.
3. Setting the date and time of the 2008 Reorganization meeting of the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 214-2007
RE: SETTING THE DATE AND TIME OF
THE 2008 REORGANIZATION MEETING
OF THE TOWNSHIP OF UPPER
________________________________________________________
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 annual Reorganization Meeting of the Township Committee shall be held on Friday, January 4, 2008, commencing at 6:30 P.M. at the Upper Township Municipal Building, County Route 631, Petersburg, New Jersey.
2. Notification of this meeting shall be given in accordance with the
requirements of the Open Public Meetings Act of the State of New Jersey.
Resolution No. 214 -2007
Offered by: Conrad Seconded by: Corson
Adopted: November 13, 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
RESOLUTION
RESOLUTION NO. 213-2007
RE: BUDGET TRANSFERS
WHEREAS, budgetary transfers between line items can be made after November 1st, and
Municipal Budget of the Township of Upper.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the
Township of Upper as follows:
1. The following transfers between line items in the Municipal Budget of the
Township of Upper shall be made immediately.
TO FROM
MUNICIPAL CLERK S/W COMPUTER SERVICES O/E
$10,000.00 $5,000.00
PLANNING BOARD S/W ASSESSMENT TAXES S/W
$1,500.00 $10,000.00
ZONING BOARD S/W SURETY BONDS
$1500.00 $1,500.00
1ST AID ORGANIZATION S/W GYPSY MOTH
$30,000.00 $11,500.00
MASTER PLAN/COAH RECREATION S/W
$1,500.00 $5,000.00
1st AID ORGANIZATION O/E EMERGENCY SHORE PROTECTION $5,500.00 $8,650.00
FINANCE O/E BEACH PATROL S/W
$250.00 $29,500.00
COLLECTION TAX. O/E
$250.00
ASSESSMENT TAX O/E
$300.00
LEGAL SERVICES O/E
$20,000.00
Resolution No. 213-2007
OFFERED BY: Conrad SECONDED BY: Corson
Adopted: November 13, 2007
ROLL CALL VOTE:
NAME YES NO ABSTAINED ABSENT
Camp ___________ __________ __________ ____X______
Conrad _____X______ __________ __________ __________
Corson _____X______ __________ __________ __________
Newman _____X______ __________ __________ __________
Palombo ___________ __________ __________ ____X______
5. Public Hearing and Final Adoption of Ordinance No. 018-2007 RE: AN ORDINANCE CREATING ADDITIONAL JOB CLASSIFICATIONS AND TITLES AND AMENDING CHAPTER V, ENTITLED “PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP.
During the public comment section of the hearing there were no speakers from the public. Motion by Jay Newman, second by Frank Conrad to adopt the ordinance, during roll call vote all three Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 018-2007
AN ORDINANCE CREATING ADDITIONAL JOB CLASSIFICATIONS
AND TITLES AND AMENDING CHAPTER V, ENTITLED
“PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP.
_________________________________________________________________
WHEREAS, it has been determined to be necessary to create certain additional job classifications or job titles to conform to job descriptions promulgated by the New Jersey Department of Personnel;
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: Chapter V, entitled “Personnel”, of the Code of Upper Township, Section 5-6.2, is hereby amended and supplemented as follows:
Add The Following Position:
Positions To Be Deleted: None.
SECTION 2: Chapter V, entitled “Personnel”, of the Code of Upper Township, Section 5-6.3, is hereby amended and supplemented as follows:
Add The Following Position:
Municipal Housing Liaison
Positions To Be Deleted: None.
SECTION 3: REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION_4: SEVERABILITY: This Ordinance shall be subject to the severability provisions set forth in Section 5-15 of Chapter V of the Code of Upper Township.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22ND OF OCTOBER, 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 13TH OF NOVEMBER, 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
6. Introduction and First Reading of Ordinance No. 019-2007, RE: AN ORDINANCE ESTABLISHING SALARIES FOR THE TOWNSHIP OF UPPER FOR THE CALENDAR YEAR 2008. Motion to introduce Ordinance No. 019-2007 with one change: to add the title of Assistant Personnel Officer, with the Public Hearing set for December 10, 2007 at 7:30 P.M. by Jay Newman, second by Curtis Corson with all three Committee members present voting in the affirmative.
CORRESPONDENCE
NEW BUSINESS
Herb Hollinger, of 116 Putnam Rd., Strathmere commented that the citizens for Strathmere and Whale Beach have refiled their petition for de-annexation of Strathmere and are requesting the Township Committee expedite the process forward to the Planning Board. Mr. Corson reported that the vote is scheduled for the November 26, 2007 Township Committee meeting pending the advice of the Township’s legal counsel.
George Welker, of 702 Bayview Dr., Strathmere commented that he is encouraged by the news of the emergency resolution adopted by the Township but is disturbed that it has taken an emergency to address the problem. Deputy Mayor Curtis Corson commented that the Township receives quarterly beach reports. Paul Dietrich, Township Engineer, reported that the last quarterly beach report from Stockton noted that there was an increase in volume of sand to the beach. Mr. Dietrich also commented that up until the last storm there hasn’t been a threat to public or private infrastructure. Mr. Welker questioned the long-range beach replenishment plan. Mr. Young, Township Attorney, explained that getting federal funds for the project might be a problem and that the long-term solution would be dredging. Mr. Welker again expressed concern with the north end of Seaview Avenue. Mr. Dietrich explained that the Department of Environmental Protection would not allow access to that area because it is a natural area. Deputy Mayor Corson commented that the Township would do everything possible to protect the beach.
UNFINISHED BUSINESS:
PAYMENT OF BILLS:
“I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.” Motion by Jay Newman, second by Frank Conrad with all three Committee members present voting in the affirmative.
Bills submitted for payment: $1,445,791.07
Payroll: $144,382.54
PUBLIC COMMENT
Mike Jones, of 236 Marshallville Rd., expressed opposition to amending the Township Ordinance to allow dogs in certain parks.
Elizabeth Bergus, of Strathmere, commented on dog owner’s not cleaning up after their dogs. She also commented that recently Mayor Palombo paid a visit to the Strathmere Firehouse where he was shown the pump the fire company rented during the period New Jersey American Water Company is painting the water tower in Strathmere. Mayor Palombo indicated at that time there may be funds available in the Township’s Emergency Management account that would help cover this cost. Mrs. Bergus, speaking on behalf of the Strathmere Volunteer Fire Company, requested reimbursement for three bills, one for $1,920.00, another for $1,914.00 and an additional one for $200.00 for the installation of the pump. Mrs. Bergus said the fire company anticipates renting the pump for at least one more month.
Motion was made by Jay Newman, second by Frank Conrad to go back into open session of the meeting to close the following delinquent MUA accounts: Account #1280 (Paul Young), #2170 (Ronald Cassedy), #2826 (Steven Altimari) and #2308 (Frederick Glazier). Dan Young, Municipal Attorney, was instructed to send collection letters to the residents; non-residents’ accounts will be cancelled with no collection letter. During roll call vote all three Committee members present voted in the affirmative.
ADJOURNMENT
Barbara Spiegel, Deputy Clerk
Bill List
044662 11/13/07 A0004 A+ COMMERCIAL OFFICE CLEANERS 500.00