TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Absent
John “Jay” Newman Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - November 13, 2007 Regular Meeting and
Frank Conrad, reported that the GTAMA Christmas in the Country parade is scheduled for Saturday December 1, 2007 at 10:00 A.M. He also commented on the Upper Township Football Championship Game and that the Upper Township Pee Wee Football team played an outstanding game.
Barbara Camp, reported that the Department of Public Works is scheduled to begin loose-leaf collection this week. She also reported that she and Paul Dietrich, Superintendent of Public Works are presently working on the 2008 Budget for the Department of Public Works.
Jay Newman, made a motion to hire Gary Crager for Skate Park attendant. Barbara Camp seconded with all four Committee members present voting in the affirmative. Mr. Newman also reported that he attended the Upper Township Indians Football Banquet on Sunday at which he presented a resolution to Robert Spiegel on behalf of the Committee and Township residents on Mr. Spiegel’s retirement from the Football Association. He also reported on a fire over the weekend at Holt’s Boat Works, he commented that all the four fire companies as well as the Rescue Squad did a fine job.
Richard Palombo, Mayor, read the following statement into the record, which appoints Susan Ragan as a Class IV member to the Upper Township Planning Board by executive order.
Pursuant to the authority vested in me as Mayor of the Township of Upper, I hereby make the following appointment to the Upper Township Planning Board, pursuant to the provisions of the Municipal Land Use Act of the State of New Jersey:
CLASS IV:
Susan Ragan appointed to fill the unexpired term of Robert Caldwell commencing November 26, 2007 and expiring on December 31, 2008.
Ms. Ragan, a member of the subcommittee for COAH housing this past year, was present in the audience. The Mayor thanked her for accepting the appointment.
Wanda Gaglione, Township Clerk, reported that the State of New Jersey is holding two meetings at the Township Hall this month---NJ Pinelands Commission meeting on septic systems scheduled for Wednesday November 28, 2007 at 7:00 P.M.; and the NJ Department of Transportation has a meeting scheduled for December 12, 2007 from 7:00 PM to 9:00 PM to discuss the Route 50 Bridge Replacement project.
Daniel Young, Municipal Attorney, reported that the Superior Court case pertaining to the K. Grubb matter was dismissed, wherein the Township of Upper as well as some Township officers were defendants. He also reported that the disciplinary hearing matter was still ongoing and they were awaiting the hearing officer’s decision.
Paul Dietrich, Township Engineer, reported that approximately 2500 cubic yards of sand were hauled onto the Strathmere Beach last week.
Dr. Farrell began his presentation with the following comments:
The situation with the Strathmere beach is a recurrence of a repetitive problem that last presented itself in the late 1990’s. In 1999 the beach erosion situation was approximately where it is today at the North end of Strathmere as result of migrations of the channel at Corson’s Inlet. This process was interrupted at that time with the 2001 State/Local beach nourishment project. In 1999, the Township did an emergency beach replenishment project and material was placed at the end of Seaview Avenue.
Municipal Engineer, Paul Dietrich reported that in 1999 gravel and concrete were placed there to secure the corner area, and that was followed up with 14,000 cubic yards of sand in an area that extended from Seaview Avenue to just beyond Winthrop Road.
Dr. Farrell commented that after the beach fill was done the channel in front of the shoreline was filled in. He explained that the flood tide through that area combined with the incoming waves carries the beach sand either into the Atlantic Ocean or down toward Williams Road and deposits it on the beach. He stated that the situation had reestablished itself late in the summer and the channel was about three feet deep at low tide and ran diagonally across the beach exiting into the ocean.
Mayor Palombo asked if the sand at the sand bar that existed this summer was from that area.
Dr. Farrell replied that the material that washed off is in the channel; the sand goes out into the ebb tide and deposits there. He also stated that much of the sand that has been deposited there is from the Ocean City beach nourishment project. Also, that there is an enormous amount of sand around the inlet at Corson’s Inlet and that the material is the same type of sand bar that was present in 1999. At that time they brought the dredge in and pump filled the inlet, it was completely barrier and the problem went away until this year.
The Committee asked Dr. Farrell his opinion on a course of action to protect the North end of the island. He stated that a NJDEP permit would be required to fill in the channel. He recently forwarded a seven-page document to the Township where he extracted from NJSA section 7:7E,a,3a.3 entitled Standards Applicable to an Emergency Post Storm Beach Restoration that outlines the 3 options available that would not require an NJDEP permit. One option, currently being used, is to haul in quarry sand and add it to the beach area where the erosion is taking place. He commented that it would only correct the problem temporarily. The second option would be to utilize geo textile fabric bags, which would be filled on site with beach sand by a slurry pump. The third option would be to use waste concrete rubble at the toe of the eroding scarf, however this would require that it be removed after ninety days, which is counter cost productive.
Dr. Farrell discussed that another option available is to identify an area of excess natural beach sand and then move the excess sand to the area where there is erosion. There was discussion as to whether this course of action could decrease the level of protection to the beach area providing the excess sand. Dr. Farrell stated that the dunes could not be touched.
The state park area was discussed. Dr. Farrell stated that it is doubtful that the State would allow any fill at the State Park area.
Mayor Palombo asked if the Township would be able to piggyback on the beach fill project with Ocean City. Mr. Young the Township Attorney, explained that the permitting process would be lengthy for the Township and that Ocean City is ready now and expects to go out to bid in January. As a part of the NJDEP permitting process the Township would need signed easements from all property owners affected, in place before the state would grant a permit. He anticipates there to be meetings next week with the Township as well as NJDEP and Legislators and asked if Dr. Farrell would attend. It was discussed that as an interim measure the option of moving the sand might be the best option at this time.
Dr. Farrell explained that the transfer of sand from one section of the beach to another as part of an emergency post storm beach restoration plan is acceptable as long as the Township meets the following requirements: dune areas are not disturbed, sand bar areas cannot be bulldozed to a depth that exceeds one foot, and an adequate supply of sand is available at the barrow site so that the relocation of the material will not decrease the level of protection adjacent to the barrow site.
Dr. Farrell stated that the recent storm Noel was not a serious storm. Cape May County has not experienced any significant storms since 1998 and that set the situation in 1999 at which the last serious storm occurred.
The Mayor stated that immediate attention to this situation is necessary, as well as NJDEP permits for long-range protection beyond the emergency situation. The Mayor and Engineer have been in contact with the NJDEP to arrange a meeting and hopefully be able to circumvent some of the process to deal with this situation. They feel it is important that NJDEP officials meet in Upper Township to view the urgency of the situation in Strathmere first hand rather than meet in Trenton.
Dr. Farrell agreed and reported that he sent a letter to the NJ DEP explaining the critical nature of the problem to NJ officials Dixon, Keiser and Rosenblatt.
There was discussion on Federal, State, County and Local funding. Dr. Farrell suggested that the Township might consider asking the County to share the cost of the Federal project that the Army Corps of Engineers has scheduled for sometime in the future. He reported that other municipalities in New Jersey have done so successfully.
Jay Newman asked Dr. Farrell if the immediate short-term action to take now is the emergency trucking in of sand. Dr. Farrell answered in the affirmative and then recommended a second step of utilizing geo textiles at the site. The long-term step is getting the NJDEP permit and latching onto another project or the national project and pumping the sand that is offshore back to where it is supposed to be.
Mr. Newman then questioned the controversy about the Township’s action or reaction recently on this matter and the letter from Dr. Farrell published in the Atlantic City Press Friday November 23, 2007. He feels the Committee was misquoted in the newspaper and that the situation requires clarification. Dr. Farrell stated that the Township received a copy of the letter he gave to the Press, however the Press edited it omitting the last paragraph and several sentenses. Mrs. Camp asked Dr. Farrell if he gave the Press permission to edit his letter, as the one received by the Committee was not the same as the one published. She stated that the sentence that was in the copy of letter the Township received, that the Press omitted was as follows: “The Township acted appropriately thus far with regard to the beach erosion matter in Strathmere”.
Dr. Farrell reviewed facts included in the letter--that back in 1984 when this problem existed the Township entered into an agreement with the State of NJ to build 3 rock and timber groins, and several hundred thousand cubic yards of sand were deposited on the north beaches of Strathmere.
Starting in 1995 the Coastal Research Center was asked to come and survey the 6 sites along the shore. The Center surveyed these places quarterly and sent reports to the Township approx 3-6 weeks after the survey, because of the time needed to print the pictures, prepare the graphics, etc. As a result, the Township received the September report on the day the storm occurred in November.
During our surveys, we did not notice any major changes until September, 2007, (and the September warning was received by the Township the day the northeaster was occurring). This situation began in August with the reappearance of the tidal channel, and by September the situation was to the point that the November storm created the critical situation.
Mr. Young, Municipal Attorney explained that the concern of the Committee is that the letter from Dr. Farrell, sent to the Press and carbon copied to the Township was modified, with comments taken out of context, and then printed in the Press.
Dr. Farrell stated that the Committee acted appropriately in this situation.
Dr. Farrell stated that the State of New Jersey is very, very clear on what action can occur without an NJDEP permit as previously discussed. Those actions also require a NJDEP approval. State and Federal permits take 90 days to acquire in optimal conditions, more likely it is a 6-month process.
Dave Townsend, of 17 Winthrop Road, Strathmere, Commented that the residents of the bayside area of Strathmere would be willing to donate some of their sand from in front of their homes for the beach fill project.
Mary D’Arcy Bittner, Esq. 15 Lake Vista Drive, asked Dr. Farrell what his recommendations for the Township are with regard to the beach erosion problem. Dr. Farrell explained that the Township is doing everything they can at this time wherein they are making arrangements to haul in the quarry sand. He also recommended that the Township also get the NJDEP involved to help speed up the permit process for the bigger beach replenishment project.
Randy Roash, 124 Prescott St., Strathmere, reported for the Citizens for Strathmere and Whale Beach and the Strathmere Fishing Environmental Club recently met with Assemblyman Van Drew and Assemblyman Elect Milem to ask for their assistance with the Strathmere beach project. He also questioned Dr. Farrell about the article reported in the Atlantic City Press that stated as early as July the Stockton reports warned the Township that they may have to take emergency measures. The report indicates the north end beach was receding 44 feet through March, 67 feet through July and 14 more feet through October. Dr. Farrell explained that the report refers to the shoreline, which is measured on the wet beach not the retreat from the dune. Dr. Farrell also explained that the critical nature of the problem was not until the Noel storm presented itself, which caused at least 25 feet of dune retreat. Mr. Young asked Dr. Farrell if there was a recommendation in the July report to take action, Dr. Farrell reported that there was no recommendation to take action at that time.
Ed Tettimer, 26 E. Sherman Avenue, Strathmere, asked Dr. Farrell if he felt the matter would be an ongoing problem and asked about long term fixes. Dr. Farrell’s response was that this is a chronic problem. Dr. Farrell also reported that the problem could be fixed with a dredge pump, but permits would need to be in place and it would have to be repeated every 7 to 9 years. Dr. Farrell reported that an engineered inlet, which would consist of two rock jetties on both our side and one on Ocean City’s side would fix the problem.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO. 216-2007
RE: CONGRATULATING EMPLOYEE BARBARA YOUNG OF
THE UPPER TOWNSHIP CLERK’S OFFICE
FOR HER WINNING ENTRY IN
THE UPPER TOWNSHIP SAFETY AWARD PROGRAM
_____________________________________________________________________
WHEREAS, employee Barbara Young is recognized for her efforts to promote safety for her fellow employees and residents of the Township through her participation in the Upper Township Safety Award Program with a submission of a safety suggestion; and
WHEREAS, Barbara’s safety suggestion was chosen by the Upper Township Safety Committee from the seven entries submitted in the fourth quarter for the promotion of safety for employees and the community; and
WHEREAS, Barbara should be publicly recognized for her reporting a safety hazard of “a large chunk of raised blacktop protruding in the area of the walking path” at the hockey rink in Caldwell Park;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. That the Committee extends its appreciation and publicly recognizes Barbara Young on her commitment to safety by her identifying a potential hazard and presenting a solution through participation in the program.
2. That the Committee, on behalf of their fellow employees and the citizens of the Township of Upper extend to Barbara Young our congratulations and present her with the “Safety Day Award” of one day off with pay.
BE IT FURTHER RESOLVED, that the Committee also recognizes and extends appreciation to the following employees for their safety suggestions submitted this quarter and encourages their further participation:
Rosemary Trout
Rhonda Sharp Michael Spear
Karen Buchanan Karen Veach
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 26th day of November, 2007.
Resolution No. 216-2007
Offered by:Camp Second by: Conrad
Adopted: November 26, 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. 217-2007
RE: A RESOLUTION RECOGNIZING
DANIEL YOUNG
FOR HIS SERVICE ON THE
UPPER TOWNSHIP BASEBALL ASSOCIATION
AND EXTENDING TO HIM THANKS AND APPRECIATION
_________________________________________________________________
WHEREAS, Daniel Young has generously volunteered his personal time and service to the Upper Township Baseball Association from 2000 to the present; and
WHEREAS, during his years here he has served as Baseball Coach and Vice President of the Upper Township Baseball Association; 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 Daniel Young 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 26th day of November, 2007.
Resolution No.217-2007
Offered by: Newman Seconded by: Conrad
Adopted: November 26, 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. 218-2007
RE: A RESOLUTION RECOGNIZING
ERIK ORTOLF
FOR HIS SERVICE ON THE RECREATION COMMITTEE
OF THE TOWNSHIP OF UPPER
AND EXTENDING TO HIM THANKS AND APPRECIATION
_________________________________________________________________
WHEREAS, Erik Ortolf has generously volunteered his personal time and service to the Recreation Committee from 2000 to the present; and
WHEREAS, for over ten years he has served as Baseball Coach and President of the Upper Township Baseball Association; 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 Erik Ortolf 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 26th day of November, 2007.
Resolution No.218-2007
Offered by: Newman Seconded by: Camp
Adopted: November 26, 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. 219-2007
RE: HONORING CIVIL AIR PATROL
2ND LT. TRISTAN KOOKER
ON ATTAINING THE “BRIGADIER GENERAL BILLY MITCHELL AWARD”, CIVIL AIR PATROL’S HIGHEST CADET HONOR
___________________________________________________________
WHEREAS, Tristan Kooker, a resident of Upper Township, has recently attained the designation of Brigadier General Billy Mitchell Award in the Civil Air Patrol; and
WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
RESOLVED THAT this Township Committee extends its sincere congratulations to Tristan on the occasion of his receiving the designation of Brigadier General Billy Mitchell Award and commends him for his outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Tristan’s parents, family and friends on this happy occasion; and
BE IT FURTHER RESOLVED that the Township Committee also extends its appreciation to the volunteers of the Civil Air Patrol and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 26th day of November, 2007.
Resolution No. 219-2007
Offered by:Conrad Seconded by:Newman
Adopted: November 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x____ ________ __________ __________
Conrad ___x____ ________ __________ __________
Corson ________ ________ __________ ___x______
Newman ___x____ ________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 220 -2007
RE: APPOINTMENT OF MUNICIPAL HOUSING LIAISON
WHEREAS, the Governing Body of the Township of Upper will be petitioning the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan ; and
WHEREAS, Township of Upper’s Fair Share Plan and Project Plan promote an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and COAH’s Third Round Substantive Rules (N.J.A.C. 5:94-1, et seq.); and
WHEREAS, the Township’s Housing Element and Fair Share Plan outline utilizing Regional Contribution Agreement (“RCA”) and is in negation with a community and anticipates entering into an agreement with said community upon the Township receiving substantive certification. The agreement with the neighboring community will be pursuant to the Fair Housing Act, (N.J.S.A. 52:27d‑301 et seq.), N.J.A.C. 5:94-1 et seq., N.J.A.C. 5:95-1 et seq. and N.J.A.C. 5:80-26.1 et seq.; and
WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et seq. Township of Upper is required to appoint a Municipal Housing Liaison (MHL) for the administration of the Township of Upper’s affordable housing program to enforce the requirements of N.JA.C. 5 WHEREAS, pursuant to N.J.A.C. 5:80-26.1 et seq. Township of Upper is required to appoint an administrator for the administration of Township of Upper’s RCA housing program to enforce the requirements of N.J.A.C. 5:94-1 et seq., N.J.A.C. 5:95-1 et seq. and N.J.A.C. 5:80-26.1 et seq.; and :94-7 and
WHEREAS, Township of Upper has amended Chapter 5 entitled Personnel to provide for the appointment of an MHL to administer Township of Upper’s affordable housing program and to provide for the appointment of an RCA Administrator to administer Township of Upper’s RCA affordable housing program; and
N.J.A.C. 5:80-26.1 et seq.; and
NOW THEREFORE BE IT RESOLVED, by the Governing Body of Township of Upper in the County of Cape May, and the State of New Jersey that Paul E. Dietrich, Sr. P.E. is hereby appointed by the Governing Body of Township of Upper as the Municipal Housing Liaison for the administration of the affordable housing program and as the RCA Administrator for the administration of the RCA affordable housing program, pursuant to and in accordance with Section 5 of Township of Upper’s Revised General Ordinance.
Resolution No. 220 -2007
Offered by: Camp Seconded by: Conrad
Adopted November 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ __________
Conrad ____x_____ __________ __________ __________
Corson __________ __________ __________ ___x______
Newman ____x_____ __________ __________ __________
Palombo ____x____ _________ _________ _________
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No. 221-2007
AUTHORIZING THE PARTICIPATION IN A CAPE MAY COUNTY LED PARIS GRANT APPLICATION TO THE STATE OF NEW JERSEY,
DIVISION OF ARCHIVES AND RECORDS MANAGEMENT
FOR THE 2008-09 APPLICATION YEAR
_________________________________________________________________________
WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (Paris) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and
WHEREAS, a top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and
WHEREAS, in the 2008-09 grant cycle, priority funding will be given to county projects to perform municipal inventories, needs assessments and strategic plans for all of their municipalities; and
WHEREAS, the Township of Upper desires to collaborate with the County of Cape May in the performance of these projects; and
WHEREAS, the Township of Upper is acknowledging that their application eligibility for funding be leveraged with the County of Cape May; and
WHEREAS, the Township of Upper is acknowledging that the County of Cape May would be both the lead agency and the applicant for such a proposal; and
NOW, therefore, be it resolved by the Township Committee, that Township of Upper does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.
Resolution No. 221-2007
Offered by:Camp Seconded by:Conrad
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ __________
Conrad ____x_____ __________ __________ __________
Corson __________ __________ __________ ___x______
Newman ____x_____ __________ __________ __________
Palombo ____x____ _________ _________ _________
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No. 222-2007
TAX REFUND ________________________________________________________
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. 222-2007
Offered by: Camp Seconded by: Newman
Adopted: November 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
CAMP _x___ _____ _____ _____
CONRAD _x___ _____ _____ _____
CORSON ____ _____ _____ __x__
NEWMAN _x___ _____ _____ _____
PALOMBO _x___ _____ _____ _____
414.02/78 1015.96 FEDERAL HOME LOAN MTG
11200 W. PARKLAND AVE
MILWAUKEE, WI 53224
4th qtr paid by Title Co & Mtg Co/property sold
835/19 2463.03 MRS. JOYANN YOUNG
BOX 2592
CINNAMINSON, NJ 08077
4TH qtr paid by Title Co & Mtg Co/refi
**
TOWNSHIP OF UPPER
CAPE MAY COUNTY
ORDINANCE NO. 020-2007
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 5-6.5, is hereby amended and supplemented as follows:
Add The Following Positions:
Assistant Personnel Officer
Positions To Be Deleted: None.
SECTION 2: REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION_3: 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 4: 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 26th OF NOVEMBER, 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 10TH OF DECEMBER, 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
10. Introduction and First Reading of Ordinance No. 021-2007, Re: AN ORDINANCE AMENDING CHAPTER 8 PERMITTING DOGS UPON CERTAIN DESIGNATED PUBLICLY OWNED AREAS
Motion was made by Jay Newman, second by Frank Conrad to introduce Ordinance 021-007 with public hearing and final adoption set for December 10, 2007 at 7:30 PM. During roll call vote all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
ORDINANCE NO. 021-2007
RE: AN ORDINANCE AMENDING CHAPTER 8 PERMITTING DOGS UPON CERTAIN DESIGNATED PUBLICLY OWNED AREAS
___________________________________________________________________
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 8 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:
8-5.4 Public Parks, Playgrounds, Public Facilities and Beach Areas; Seeing-Eye Dogs; Designated Areas; Exceptions.
a. No dog, whether on a leash or not, shall be permitted upon any publicly owned park, playground, recreation area or other public facility or building except as follows:
1. This prohibition shall not apply to a bona fide seeing-eye dog while under the care of its blind master or trainer, provided that such trainer has in his or her possession a valid identification card issued by the County Board of Health and has complied with the other requirements of this section as set forth below.
2. This prohibition shall not apply to those areas of Amanda’s Field or other Township parks or facilities which are specifically set aside by resolution of the Township Committee as public areas where the walking of leashed dogs is permitted. The Township Committee shall set forth and designate such areas from time to time by resolution and shall provide for the appropriate signage to indicate the areas within which dogs, on a leash, are permitted. All persons exercising control of a dog on said designated public area must comply with all other provisions of this Chapter.
3. With respect to any area now or in the future designated by Township Committee as a dog park, the Township Committee shall adopt rules and regulations governing the operations of such dog park by resolution. Such rules and regulations may permit, at the discretion of the Township Committee, dogs in the facility to not be leashed.
b. Unchanged.
c. Unchanged.
4. Any violation of the rules and regulations adopted by the Township Committee shall be a violation 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 26TH OF NOVEMBER, 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 10TH DAY OF DECEMBER, 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
NEW BUSINESS
11. Petition of Citizens for Strathmere and Whale Beach. Daniel Young, Municipal Attorney reported that the he reviewed the petition and advised the Committee that it substantially complies with the statutory and regulatory requirements. The signatures have been reviewed by the Township Clerk and compared to voter registration records; of the 106 signatures presented, 100 signatures were deemed valid. According to information provided by the Clerk, there are 146 registered voters in Strathmere. The petition provided more than the 60% of the registered voters’ signatures required by statute. The only alleged defect is that there was no oath provided of the Assessor setting forth the value of the real estate contained in the boundaries for the preceding year, as required under the statute. That information was requested from the Tax Assessor, however the request was received around the same time the petition was submitted and the request did not indicate specifically what year they were asking for. Mr. Young reported that he received a letter today from the Assessors office relaying the information back to the Committee. It was not in the form of an oath. He recommended that Ms. Bittner produce an oath for the Assessor to sign for the information to be complete. Mr. Young recommended that the petition submitted be forwarded to the Planning Board. Motion to forward the petition to the Planning board by Jay Newman, second by Barbara Camp. During roll call vote all four Committee members present voted in the affirmative. Mr. Young reported that the Planning Board would have 45 days from the date they receive the petition to issue a report and submit it to the Township Committee. The Township Committee would then have 30 days to make a decision.
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 Barbara Camp with all four Committee members present voting in the affirmative.
Bill submitted for payment: $239,557.34
Payroll: $136,527.36
PUBLIC COMMENT
Richard Omrod, 105 North Commonwealth Avenue, Strathmere, asked Dr. Farrell about the beach erosion at Corson’s Inlet State Park. Dr. Farrell reported that the park is owned by the State of New Jersey. Upper Township does not have the authority to “defend the land financially or in any other way”.
Steven Martinelli, 1923 Tuckahoe Road, Petersburg, presented a petition containing 207 signatures of Township residents to keep Strathmere as part of Upper Township. Mr. Young suggested that the petition be forwarded to the Planning Board with a copy to the Township Committee.
Michael Kelly, 3022 South Shore Rd, Seaville, commented on the construction at Tuckahoe Motor Sports Route 50, Seaville. Dan Young, Municipal Attorney recommended that Mr. Kelly write a letter to the Township Committee and the Construction Official regarding his concerns.
CLOSED SESSION
ADJOURNMENT
044802 11/26/07 A0006 ADVANCE TREADS INC 1,139.50
044803 11/26/07 A0050 ALL STAR SPORT CENTER 840.00
044804 11/26/07 A0060 ALL INDUSTRIAL-SAFETY PRODUCTS 304.50
044805 11/26/07 A0070 ALBERTSONS/ACME 20.97
044806 11/26/07 A0082 ARMSTRONG, JOSHUA 19.99
044807 11/26/07 A0091 ATLANTIC CITY ELECTRIC 6,206.00
044808 11/26/07 B0035 BELMONT & CRYSTAL SPRINGS 532.46
044809 11/26/07 B0070 HORIZON BLUE CROSS/BLUE SHIELD 91,312.77
044810 11/26/07 B0135 GIRL SCOUT TROOP #4674 300.00
044811 11/26/07 B0152 BUCHANAN, KAREN A. 55.97
044812 11/26/07 B0160 BONNER, ROSEMARY 411.89
044813 11/26/07 C0068 COMCAST 285.58
044814 11/26/07 C0071 CAPEHART & SCATCHARD, P.A. 148.50
044815 11/26/07 C0101 CHATTEN, LINWOOD R. 8.00
044816 11/26/07 C0140 CODED SYSTEMS 6,367.40
044817 11/26/07 C0153 COMPUTER MANAGEMENT CORP 1,395.00
044818 11/26/07 D0032 DOLLAMUR SPORT SURFACES 8,000.00
044819 11/26/07 D0045 DEPTCOR 26.00
044820 11/26/07 D0080 DOWNAM, HARRY J. JR. 227.85
044821 11/26/07 D0096 DELL MARKETING L.P. 3,455.59
044822 11/26/07 E0012 EHRLICH PEST CONTROL 208.00
044823 11/26/07 E0017 EDMUNDS & ASSOCIATES,INC. 50.00
044824 11/26/07 E0030 EXECUTIVE BUSINESS PRODUCTS 125.98
044825 11/26/07 E0041 ENGINEERED CONCEPTS INC 190.38
044826 11/26/07 F0048 FOGG, LESLIE INC. 35.14
044827 11/26/07 G0002 GAGLIONE, WANDA 137.17
044828 11/26/07 G0006 GARBUTT,PATRICIA A. 50.00
044829 11/26/07 G0014 GARDEN STATE HWY PRODUCTS INC. 452.75
044830 11/26/07 G0021 GARTLAND, JOSEPH, INC. 261.62
044831 11/26/07 G0028 GENTILINI FORD 902.85
044832 11/26/07 G0044 GILES & RANSOME, INC. 2,411.91
044833 11/26/07 G0074 GPA OF NEW JERSEY, INC. 90.00
044834 11/26/07 H0018 HAROLD RUBIN/L & H SUPPLY 180.70
044835 11/26/07 H0057 HISTORICAL PRESERVATION 1,914.00
044836 11/26/07 I0013 IMPACT TECHNOLOGY SOLUTION LLC 9,589.00
044837 11/26/07 J0002 J.P. COLLINS CO. 193.38
044838 11/26/07 J0033 JANKOWSKI,MATTHEW 400.00
044839 11/26/07 K0035 KOHLER'S RADIATOR SERVICE 400.00
044840 11/26/07 L0018 LANIER WRLDWDE/RICOH BUSINESS 276.00
044841 11/26/07 L0040 LEA, SHELLEY 61.90
044842 11/26/07 M0046 MASON, DAVID 48.00
044843 11/26/07 M0076 MGL PRINTING SOLUTIONS 2,424.00
044844 11/26/07 M0103 MODERN GAS COMPANY, INC. 1,805.78
044845 11/26/07 M0121 McCROSSON, JANET 64.50
044846 11/26/07 M0122 MOTOROLA INC. 6,044.77
044847 11/26/07 N0043 NAPA AUTO PARTS OF S.JERSEY 193.