TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR APRIL 23, 2007

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00  P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAG

 

ROLL CALL

Barbara Camp             Present

Frank E. Conrad         Present

Curtis Corson              Present   

John “Jay” Newman   Absent

Richard Palombo        Present

 

APPROVAL OF MINUTES  -         April 16, 2007 Regular Meeting and

                                                             Closed Session Minutes

Moved by Barbara Camp, second by Frank Conrad to approve the Minutes as written.  During roll call vote all four Committee members voted in the affirmative.

 

REPORT OF GOVERNING BODY MEMBERS

 

Frank Conrad,  reported that both he and Paul Dietrich attended the official opening ceremony of the new plant that generates methane gas into electric energy located at the County MUA.  The MUA site is powered totally by this plant saving the County over $175,000 in electric charges per year. Cape May County is one of the leaders in the State in recycling and utilizing methane gas for electric power. 

He also discussed joining the county and other municipalities in interlocal agreements for services such as carpentry work, building and grounds maintenance, etc. The Committee will look into this further.  

 

Barbara Camp, presented a request from the Upper Township Board of Education to waive the fee of $225.00 to use the Community Center as a polling place. Motion by Barbara Camp, second by Curtis Corson to grant the request.  During roll call vote all four Committee members present voted in the affirmative.

She reported that she received a letter from Mrs. Bergus as secretary to the Strathmere Vol. Fire Co. thanking the Dept. of Public Works for painting the stripes onto the streets. 

 

Richard Palombo, Mayor, discussed that the state may put a payment into this years budget for State Police protection of the Township.  He moved that a resolution be placed on a future agenda opposing payments for State Police protection.  He stated that it would place a huge burden on our municipality along with other restrictions already imposed such as CAFRA, Pinelands, being a rural community and being faced with many restrictions that can discourage commercial entities that help offset those costs.  Curtis Corson seconded the motion with all four Committee members present voting in the affirmative.  He mentioned the substantial revenues coming from the Township in ticket and court collection fees.

He recognized Barbara Young on her successful completion of the course Information Records, one of the five courses required to sit for the state certification exam.

He discussed a notice of grant money being available for the construction of a bike path along an old railroad track bed.  He authorized a resolution to submit the grant, Barbara Camp seconded the motion with all four Committee members present voting in the affirmative.

He discussed the notice from the CMC Health Department regarding bird test specimens for West Nile and other diseases.

He received a request to testify in Trenton on May 8, 2007 to increase the budget for tourism in Cape May County and New Jersey. He motioned for a resolution supporting an increased amount in the state budget for tourism, second by Frank Conrad, with all four Committee members present voting in the affirmative.   

He reported that the Township has been invited to the Strathmere beach to view the night sky at an event sponsored by the Strathmere Improvement Society on May 12, 2007 at 8:45 PM, at Randolph and the beach.

 

OTHER REPORTS

 

Paul Dietrich, Municipal Engineer, discussed a draft of the proposed ordinance that would comply with the County’s new Solid Waste Management Plan.  It adds new items to our recycling plan such as electronics, televisions, printers and computers.  The items are to be placed for pickup with bulk trash. He reported that boxes have been placed at Township Hall to collect old cell phones and batteries. The draft ordinance has been forwarded to the CMC MUA for review and would be ready to introduce at the next meeting.  Mayor Palombo made the motion to incorporate the recommendations by the attorney and the MUA and introduce the ordinance at the next meeting. Barbara Camp seconded the motion.  During roll call vote all four Committee members present voted in the affirmative.

 

RESOLUTIONS

 

 2007 Budget—Public Hearing and Final Adoption-Mayor Palombo began the meeting with the Budget Hearing to accommodate the audience in attendance.  His commented that he was pleased that the budget was prepared with no Local Purpose Tax being necessary again this year.  He discussed that the sale of B.L. England will do much for the taxpayers of the Township.  He opened up the Public portion of the hearing. The following people offered comments:

Gilbert “Bud” Terry, Rt. 49, Tuckahoe, asked about the elimination of the gypsy moth spray program. Committeeman Corson explained that in February when the program was discussed we were told that no matching money would be available, also that the number of acres recommended for treatment in Upper Township far outnumbered those recommended in surrounding municipalities.  The Township’s recommended portion was approximately 1200 acres with most of this being state, and federally owned lands. In addition there were safety concerns with the insecticide spray, dimilyn proposed for this use.  At the time it made sense to withdraw from the program due to safety concerns, lack of funding, and acreage targeted for spray.  However, since then the state has changed statements as to the money they have available.  The Township has budgeted money to spray Township owned property. Municipal Auditor, Leon Costello commented that funds for a spray program would come from inside of the budget cap, which would require other items to be reduced.   

Mr. Terry discussed an eagle nesting area in that portion of the Township.  Mr. Corson commented that the program was cancelled two years ago by the federal government due to an eagle nesting area.  Mr. Corson said he would look into the program for next year and invited Mr. Terry to come out to the meetings early in the year when the budget preparation begins. Municipal Engineer Paul Dietrich commented that even if the item were put into the budget for this year that most likely it is too late because of the special noticing required for participation.

Robert Vicario, 1983 Tuckahoe Road, Petersburg, asked about vacating a street end in Strathmere and possibly selling it to offset the cost of installing a necessary bulkhead in that area.  Mr. Young answered that this was discussed at a previous budget meeting in that the street end could be vacated but could not be sold.

There were no other speakers from the public.  Mayor Palombo closed this section of the meeting and asked for other comments or discussion from the Committee.

The budget statement was read into the record stating the budget be approved with no special purpose tax required for this year.  Motion was made by Curtis Corson, second by Barbara Camp to approve the 2007 Budget.  During roll call vote all four Committee members present voted in the affirmative.

**

 

1.      Declaring “A Day of Prayer in Upper Township”.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  089–2007

RE: DECLARING “ A DAY OF PRAYER IN UPPER TOWNSHIP”

     ________________________________________________________________________

 

WHEREAS, civic prayers and national days of prayer have a long and revered history in our constitutional democracy, dating back to the First Continental Congress in 1775; and

WHEREAS, the Declaration of Independence, our first statement as Americans of national purpose and identity, made “the Laws of Nature and Nature’s God” the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

WHEREAS, the Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and

WHEREAS, in 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and

WHEREAS, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to pray for peace, to request healing for wounds endured; and to ask God to guide our leaders and bring wholeness to the United States and her citizens; and

WHEREAS, it is fitting and proper to give thanks to God by observing a day of prayer in the Township of Upper when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation;

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 Designate the first Thursday in May, 2007 as  “A DAY OF PRAYER IN UPPER TOWNSHIP” and encourage the citizens of Upper Township to observe the day in ways appropriate to its importance and significance.

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 23rd day of April, 2007.

Resolution No. 089-2007

Offered by:  Camp                  Seconded by: Conrad

Adopted: April 23, 2007

Roll Call Vote:

NAME                        YES              NO                ABSTAINED    ABSENT

Camp          ___X________    __________   __________   ______­____

Conrad        ___X________    __________   __________   __________

Corson        ___X________    __________   __________   __________

Newman     ____________    __________   __________   _____X____

Palombo     ___X________    __________   __________   __________

 

 

2.      Honoring Frances Senn on her retirement from the Township of Upper.

 

TOWNSHIP OF UPPERPRIVATE

CAPE MAY COUNTY

R E S O L U T I O N

PRIVATE RESOLUTION NO. 090-2007tc  \l 1 " RESOLUTION NO. __021_-2002"

HONORING FRANCES SENN

ON HER RETIREMENT FROM THE TOWNSHIP OF UPPER

 

 

          WHEREAS, Frances Senn of the Township of Upper, will soon be retiring after nearly five (5) years of public service to this community as a Clerk Typist with the Upper Township Clerk’s Office; and

          WHEREAS, it is most appropriate that Fran’s tenure of public employment and her years of faithful and dedicated service to this Township be publicly recognized;

          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 Frances Senn be publicly congratulated on the occasion of her retirement from the Township of Upper.

2.                       That she be publicly thanked for her years of dedicated public service to our community.

3.                       That this Committee, on behalf of all the citizens of the Township of Upper extend to Fran, our fellow employee and friend, our very best of wishes on her retirement and her future.

    

          GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 23rd day of April, 2007.             

Resolution No. 090-2007

Offered by: Camp           Seconded by: Conrad

Adopted:  April 23, 2007

Roll Call Vote:

NAME           YES       NO          ABSTAINED   ABSENT

Camp          _X_______ ­­_______     _________   ______

Conrad         _X_______     _______     ­­­­­_________   ______

Corson        _X_______ _______     _________   ______

Newman         _________     _______     _________   __X___

Palombo        _X_______     _______     _________   ______

 

 

3.      Appointment of Jennifer L. Iacona as a full-time employee to the Upper Township Clerk’s Office.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 091-2007

RE:  APPOINTMENT OF JENNIFER L. IACONA

AS A FULL-TIME EMPLOYEE TO

THE UPPER TOWNSHIP CLERK’S OFFICE

 ______________________________________________________________

 

WHEREAS, a need exists to appoint an additional full-time employee to the Clerk’s Office; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of April 16, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

1.  The allegations of the preamble are incorporated herein by this reference.

          2.  Jennifer L. Iacona is hereby appointed as a full-time employee to the Clerk’s Office effective April 17, 2007, at an annual salary of $28,000.00 as established in the current Salary Ordinance of the Township.

3.                                                          This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 16, 2007.

 

Resolution No. 091-2007

Offered by: Camp  Seconded by: Conrad

 

Adopted: April 23, 2007

Roll Call Vote:

NAME                            YES           NO                ABSTAINED    ABSENT

Camp             ____X______    __________   __________   ______­____

Conrad           ____X______    __________   __________   __________

Corson           ____X______    __________   __________   __________

Newman        ____X______    __________   __________   __________

Palombo        ____X______    __________   __________   __________

 

  1. Appointment of Jason Taylor as Recreation Maintenance Worker to the Upper Township Recreation Department.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  092-2007

RE:  APPOINTMENT OF JASON TAYLOR AS RECREATION MAINTENANCE WORKER TO THE UPPER TOWNSHIP RECREATION DEPARTMENT

                              

 

WHEREAS, a need exists to appoint qualified personnel to the Upper Township Recreation Department to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of April 16, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken.

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.   Jason Taylor is hereby appointed to a Recreation Maintenance Worker position effective April 27, 2007 at an annual salary of $41,978.00 in accordance with the Salary Ordinance.

3.     This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 16, 2007.

 

Resolution No.  092-2007

Offered by: Conrad           Seconded by: Camp

Adopted: April 23, 2007

Roll Call Vote:

NAME          YES           NO         ABSTAINED    ABSENT

Camp         __X_______   __________   __________   _________

Conrad       __X_______   __________   __________   ______­___

Corson       __X_______   __________   __________   _________

Newman       __________   __________   __________   __X______

Palombo      __X_______   __________   __________   _________

 

 

  1. Confirming appointment of William Haberman as Senior Recreation Maintenance Worker to the Upper Township Recreation Department.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  093-2007

RE:  CONFIRMING APPOINTMENT OF WILLIAM HABERMAN AS

SENIOR RECREATION MAINTENANCE WORKER

TO THE UPPER TOWNSHIP RECREATION DEPARTMENT

                              

 

WHEREAS, a need exists to appoint qualified personnel to the Upper Township Recreation Department to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of April 16, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken.

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.  William Haberman’s appointment to a Senior Recreation Maintenance Worker position effective January 9, 2004 is hereby confirmed.

                        3.      This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 16, 2007.

Resolution No.  093-2007

Offered by: Corson           Seconded by: Camp

Adopted: April 23, 2007

Roll Call Vote:

NAME          YES           NO         ABSTAINED    ABSENT

Camp         __X_______    __________   __________   _________

Conrad       __X_______    __________   __________   ______­___

Corson       __X_______    __________   __________   _________

Newman       __________    __________   __________   ___X_____

Palombo      __X_______    __________   __________   _________

 

  1. Authorizing the execution of Office of Smart Growth Smart Future Planning Grant application for FY 2007.  

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 094-2007

RE: AUTHORIZING THE EXECUTION OF

OFFICE OF SMART GROWTH 

SMART FUTURE PLANNING GRANT APPLICATION FOR FY 2007

______________________________­__________________________________________________

 

 

WHEREAS, the Township of Upper has previously received a $50,000 Grant from Office of Smart Growth to prepare a Plan Endorsement Petition; and

           WHEREAS, the Township has worked with the Office of Smart Growth and New Jersey Department of Environmental Protection to develop Center boundaries that promote Smart Growth; and

                        WHEREAS, the Township has received Plan Endorsement from the State Planning Commission on February 21, 2007; and

WHEREAS, the Township has identified in the Planning and Implementation Agenda within the Plan Endorsement Petition to “Undertake four design charettes for Seaville/ Marmora/ Palermo/ Beesley’s Point/ Tuckahoe and Petersburg Centers by use of design workshops to refine the vision for zoning and design standards for Centers and Planned Cores in Marmora and Seaville”; and

WHEREAS, the Township would also update the land use and zoning regulations to support Centers based development and revise the Master Plan and Land Use Map to reflect the Centers and changes in the environs in keeping with the State’s Policy Map; and

WHEREAS, the Township Committee of the Township of Upper has determined that it is appropriate for the Township to apply for a Smart Growth grant to be utilized for the tasks referenced herein; and

WHEREAS, the Township Committee of the Township of Upper has determined that a grant application should be submitted under the Smart Growth program, Smart Future Planning to request grant funding.

 

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 Township shall apply for a Smart Growth, Smart Future Planning for FY2007 grant to develop plans that will analyze regional issues while focusing on local community needs within Township Centers and other Township areas.

3.  The Township Engineer is hereby directed to take such action as may be necessary to complete any and all grant application packages for Smart Growth program.

4.  All Township officials are hereby authorized and directed to execute, on behalf of the Township of Upper, any and all such documents or applications and take any such further action as may be necessary in order to further the purposes of this Resolution.

 

Resolution No. 094-2007

Offered by: Conrad           Seconded by: Camp

Adopted:  April 23, 2007

Roll Call Vote:

NAME                 YES           NO           ABSTAINED    ABSENT

Camp           __X________    __________   __________   ______­____

Conrad         __X________    __________   __________   __________

Corson         __X________    __________   __________   __________

Newman      ___________    __________   __________    ___X______

Palombo        __X_______    __________   __________   __________

 

 

  1. Accepting the Annual Stormwater Report and Certification and authorizing the Mayor to sign and send to the NJDEP pursuant to stormwater rules. 

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 095-2007

ANNUAL STORMWATER REPORT AND CERTIFICATION

 ACCEPTING THE ANNUAL STORMWATER REPORT AND CERTIFICATION, AND AUTHORIZING THE MAYOR TO SIGN AND SEND TO THE NJDEP 

PURSUANT TO STORMWATER RULES

______________________________________________________________

 

WHEREAS, the State of New Jersey on January 5, 2004 adopted stormwater rules which impact municipalities; and

WHEREAS, under the aforesaid stormwater rules municipalities are required to apply for permits and provide reports and certifications to the NJDEP; and

WHEREAS, the Township Committee of the Township of Upper has determined that the Township should make the appropriate applications for permits and prepare appropriate reports pursuant to the stormwater rules; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

1.  The allegations of the preamble are incorporated herein by this reference.

2.  The Township Committee hereby accepts the Stormwater Annual Report.

2.  The Mayor is hereby authorized to execute said Report and Certification pursuant to the stormwater rules of the State of New Jersey, which is attached hereto as Exhibit A.

            3.  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. 095-2007

Offered by: Camp                         Seconded by: Corson

Adopted:  April 23, 2007

Roll Call Vote:

NAME                            YES               NO             ABSTAINED    ABSENT

Camp               ___x______    __________   __________   ______­____

Conrad            ___x______    __________   __________   __________

Corson             __________    __________   __________   ___x______

Newman           ___x______    __________   __________   __________

Palombo          ___x______    __________   __________   __________

 

      

 

  1. Resolution for a Feasibility Study for the Municipal Connection to the County-wide Electronic Information Backbone.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  096-2007

RE:  RESOLUTION FOR A FEASIBILITY STUDY FOR THE MUNICIPAL CONNECTION TO THE COUNTY-WIDE ELECTRONIC INFORMATION BACKBONE

                              

 

WHEREAS, the Cape May County Board of Chosen Freeholders and the Township of Upper, have agreed to apply for a SHARE (Sharing Available Resources Efficiently) Program Grant through the State of New Jersey SHARE Program in the amount of $19,636.00; and

WHEREAS, the Cape May County Board of Chosen Freeholders has agreed to be the lead agency in this program; and

WHEREAS, the State of New Jersey has made SHARE grants available to assist local units to study, develop and implement new shared and regional services; and

WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of the County-Wide Electronic Information Network that would be beneficial to all local units.

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 the Township of Upper does hereby join with the Cape May County Board of Chosen Freeholders in applying for a grant for the purpose of a feasibility study of such an endeavor.

Resolution No.  096-2007

Offered by: Conrad           Seconded by: Palombo

Adopted: April 23, 2007

Roll Call Vote:

NAME          YES           NO         ABSTAINED    ABSENT

Camp         __X_______    __________   __________   _________

Conrad       __X_______    __________   __________   ______­___

Corson       __X_______    __________   __________   _________

Newman       _________     __________   __________    ___X____

Palombo      __X_______    __________   __________   _________

 

 

  1. Adopting An Amendment to The Upper Township Personnel Policies and Procedures Manual And Employee Handbook.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.    097-2007

RE: ADOPTING AN AMENDMENT TO THE UPPER TOWNSHIP PERSONNEL POLICIES AND PROCEDURES MANUAL AND EMPLOYEE HANDBOOK

___________________________________________________________________________

 

 

WHEREAS, the Township of Upper maintains an Employment Practices Loss Control Program approved by the Municipal Excess Liability Joint Insurance Fund which requires the Township to review and update the Township Personnel Policies and Procedures Manual and Employee Handbook; and

WHEREAS, it is deemed necessary to amend the current Township Personnel Policies and Procedures Manual and Employee Handbook; and

WHEREAS, the Township Committee of the Township of Upper has reviewed and approved new policies for Telephone Usage and Employment Procedure as set forth on the attached Exhibit A hereto and wishes to adopt same; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

1.  The allegations of the preamble are incorporated herein by this reference.

2.  The policies for Telephone Usage and Employment Procedure attached hereto as Exhibit A is hereby formally adopted as revised policies of the Township of Upper.

3.  The aforesaid policies set forth in Exhibit A hereto shall be incorporated into the Upper Township Personnel Policies and Procedures Manual and Employee Handbook by replacing the existing Telephone Usage Policy and Employment Procedure Policy in their entirety, at Sections Two and Nine respectively.

4.  To the extent existing policies or provisions in the Personnel Policies and Procedures Manual and Employee Handbook conflict with the attached Exhibit A, the terms and provisions of the attached Exhibit A shall supercede and control.

5.  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.     097 - 2007

Offered by: Camp                                                Seconded by: Conrad

Adopted: April 23, 2007

Roll Call Vote:

NAME             YES       NO             ABSTAINED    ABSENT

Camp               ___x______    __________   __________   ______­___

Conrad             ___x______    __________   __________   _________

Corson             ___x______    __________   __________   _________

Newman          __________    __________   __________   ___x_____

Palombo          ___x______    __________   __________   _________

 

       

EXHIBIT A

TELEPHONE USAGE POLICY

 

Township of Upper telephones are for official business and employees may make a personal call only to inform their family of unexpected overtime. Charges for all other personal calls must be reimbursed to the Township of Upper.

 

Personal activities on the job are not acceptable in the workplace.

 

The use of cell phones for personal calls shall not be permitted during the work day except during the employees a.m./p.m. break or lunch break. Cell phones shall not be operated while an employee is engaging in any other activity, including but not limited to operating equipment, hand tools, riding on back of packer, riding/operating mower, working more than two feet (2') above the ground.

 

EMPLOYMENT PROCEDURE POLICY

 

$                    Recruitment: The Personnel Officer will coordinate the employment recruitment process for all vacancies to ensure compliance with contractual, legal, (Civil Service) and equal opportunity requirements. When a vacancy occurs, it is the responsibility of the Department Head to notify the Personnel Officer who will distribute notification of the vacancy to all  departments. The Personnel Officer will undertake to recruit qualified applicants in accordance with applicable Federal and State law (including New Jersey Department of Personnel regulations if the position is subject to Civil Service). When positions are advertised, the media or other periodical utilized must have as wide circulation as possible to encourage applications from candidates from diverse backgrounds and must prominently state that the Township of Upper is an equal opportunity employer.

 

$                    Applications: All candidates must fully complete an application form. A resume will not be considered as a substitute for this form. The application is a confidential document and will not be available to anyone who is not directly involved in the hiring process, except as required by law.

 

$                    Criminal History Background Check: All new employee applicants and all existing employees recommended for promotion must submit to a criminal history background check.

 

$                    Interviews: The Personnel Officer or Department Head will coordinate the interview process including the scheduling of applicants, development of interview questions and standards to measure candidate responses. All questions must be in accordance with the New Jersey Division of Civil Rights Guidelines for Pre-Employment Inquiries. The Township of Upper will make reasonable accommodations to known physical and mental limitations of all applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided the accommodation does not impose an unreasonable hardship on the Township of Upper.

 

$                    Physical Examinations: Pursuant to the Americans with Disabilities Act, after an offer of employment is made and prior to commencing employment, the Personnel Officer may require applicants to pass a physical examination in order to insure that they can perform the duties of their position without injury to themselves or others. The same post-offer physical examination must be performed on all applicants for a particular position. The Personnel Officer may require periodic examinations to determine the employees continued ability to perform the duties of the position. All physical examinations must be performed by a physician chosen by the Township of Upper at the expense of the Township of Upper. All medical records of employees and prospective employees are confidential and are to be maintained by the Personnel Officer separate from the employees official personnel file. Medical exams may include tests for drug and alcohol use.

 

$                    Job Offers: The final decision will be made by the Upper Township Committee Personnel Officer after all references and other information has been verified. Every effort shall be made to offer reasonable accommodations to known physical and mental limitations of all applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided that the accommodation does not impose an unreasonable hardship on the Township of Upper. The employment offer must be made in a letter to the candidate outlining all terms and conditions of the offer. The letter will also establish a deadline for acceptance.

 

$                    Acceptances and Rejections: If the first offer is rejected, the Upper Township Committee Personnel Officer will decide to hire another candidate or re-open the position. Once a candidate accepts the employment offer, all other candidates will be notified in writing that they were not accepted for the position.

 

$                    Record Retention: All applications, notes made during interviews and reference checks, job offers and other documents created during hiring process must be returned to the Personnel Officer. Documents related to the successful candidate will be placed in the employees official personnel file except medical records including physical examinations must be maintained in a separate file. All records documents related to other candidates must be retained for at least one year. Records and documents created during the hiring process are confidential and must be retained in a locked cabinet.

**

 

  1. Authorizing the Mayor and/or Municipal Engineer to sign and submit an application to the NJDEP for the replacement of Sumner Avenue bulkhead pursuant to NJDEP Rules.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 098-2007

RE: AUTHORIZING THE MAYOR AND/OR MUNICIPAL ENGINEER TO SIGN

AND SUBMIT AN APPLICATION TO THE NJDEP FOR THE REPLACEMENT

OF SUMNER AVENUE BULKHEAD PURSUANT TO NJDEP RULES

_________________________________________________________________

                                                                                                                                    

WHEREAS, the Township of Upper wishes to make application to the New Jersey Department of Environmental Protection (NJDEP) for replacement of the bulkhead located at Sumner Avenue, Strathmere, in the Township of Upper; and

WHEREAS, the Municipal Engineer has prepared the NJDEP application describing the project and permit fees and wishes to submit it to the NJDEP; and

WHEREAS, the Township Committee fully supports and

 

endorses the actions of the Township Engineer in his filing of

 

the NJDEP application for the following project:            

 

 

Sumner Avenue Bulkhead Replacement

Replace the existing timber bulkhead

with a new vinyl bulkhead

 

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 and/or the Municipal Engineer of the Township of Upper are hereby authorized, directed and empowered to sign and submit the permit and necessary fees for the NJDEP application for Sumner Avenue Bulkhead Replacement, which is attached hereto as Exhibit A.

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 Sumner Avenue NJDEP General Permit 14 application.

 

Resolution No. 098-2007

Offered by: Camp,  Seconded by: Conrad

Adopted: April 23, 2007

Roll Call Vote:

NAME                            YES           NO           ABSTAINED    ABSENT

Camp               ___x_______    __________   __________   ______­____

Conrad                        ___x_______    __________   __________   __________

Corson             ___x_______    __________   __________   __________

Newman         ___________    __________   __________   __x_______

Palombo          ___x_______    __________   __________   __________

 

ORDINANCES

 

CORRESPONDENCE

 

NEW BUSINESS

 

  1. Public Hearing for approval to place dredge material at 3074 US Rt. 9 South, Seaville, Block 558, Lot 15. 

Committeemen Curtis Corson abstained from participating in this matter and stepped down from the dais.  

John E. Halbruner, engineer from Hyland Design Group was present along with property owner Edward Plantan. Mr. Halbruner presented proof of notice however said he would provide copies at a later time.  He testimony included the following:  approximately 650 cubic yards of material has been dumped onto subject property, it originated from the dredging at the Avalon Yacht Basin was place in geo tubes to dry out then the soils were transported to the property.  The soil analysis included in the application showed that the soil was deemed suitable for reuse as upland by the NJDEP.  This application for a permit is being done retroactively because at the time the contractor dumped the approximately 650 cubic yards of this material on the lot they were unaware that a permit was necessary.  Mr. Halbruner stated that the dredge soil ordinance was overlooked because of its location in the Municipal Ordinance.  The Engineer stated that the owner plans to place topsoil on the site and to continue to develop the lot.  As the proofs of proper notification were not submitted this evening the applicants requested a conditional approval this evening.  Mr. Young reviewed the ordinance for everyone.  The Municipal Engineer reported on his onsite inspection of the site, that no odor was discernable and the soil has now been covered.  He reviewed the report submitted and indicated that the material would not create any detrimental affect to the area, soils or ground water.  He reported on the events that led up to this hearing, that the Committee could require the application to remove the material placed on the site if it were deemed unacceptable. Mr. Halbruner stated that they were completely unaware a permit was necessary, that the material was tested and deemed acceptable.  The Mayor and Committee were concerned that this should not occur again, it was discussed to possibly include a penalty into the ordinance.

The Mayor opened the hearing for public comment. The following residents commented on this matter:

Thomas Swenk, Stagecoach Road, asked if there would be any further dumping would occur on this lot.  The applicant answered that there would be no further dumping there.

Robert Vicario, Petersburg, asked about checking the wells in the area. Mr. Halbruner answered that the material was deemed contaminate free and would not affect wells.    

There being no further public comment that section of the hearing was closed.  Motion was made by Frank Conrad, second by Barbara Camp to grant the permit based on testimony heard this evening.  During roll call vote Mr. Conrad, Mr. Palombo and Mrs. Camp voted in the affirmative.

Mrs. Camp was concerned that Upper Township does not become a dumping ground for other dredge spoils.  The Committee will look at the ordinance for amendments for substantial penalties and increases in the application fees, etc.

**

 

 

Committeeman Corson then rejoined the Committee at the dais.

 

13.  New Jersey Ride Against Aids, 6th Annual Bike Ride from High Point to Cape

May, request permission to ride through Upper Township during this event on September 30, 2007.  

       Motion was made by Richard Palombo, second by Curtis Corson to allow the ride for Aids through the Township.  During roll call vote the four Committee members present voted in the affirmative.

 

UNFINISHED BUSINESS:

 

DISCUSSION

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 Frank Conrad with all four members present voting in the affirmative.

Bills submitted for payment: $986,027.89

Payroll:                                    $138,240.12

 

REPORT OF MUNICIPAL DEPARTMENTS:

 

PUBLIC COMMENT

 

Elizabeth Bergus, Strathmere, discussed the poor turnout of voters in the recent School Board Election.

 

CLOSED SESSION

 

  1.   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 Barbara Camp, second by Frank Conrad to close this portion of the meeting and go back into open session. During roll call all four committee members present voted in the affirmative.

 

RECONVENE PUBLIC PORTION OF MEETING

 

ADJOURNMENT

 

There being no further business this evening the meeting was adjourned at 6:15 P.M.  Next meeting to be May 14, 2007 at 7:30 P.M.

 

 

                                                                        Minutes prepared by

 

 

                                                                        Wanda Gaglione, RMC

                                                                        Municipal Clerk

 

Bill List

----------------------------------------------------------

  043415      04/23/07               ***  Alignment Check   ***                      .00                       * VOID *

  043416      04/23/07      A0004    A+ COMMERCIAL OFFICE CLEANERS                1,325.00

  043417      04/23/07      A0006    ADVANCE TREADS INC                             665.00

  043418      04/23/07      A0020    ACU-THERM SUPPLY CO.,INC.                       65.68

  043419      04/23/07      A0025    ADVANTAGE RENTAL ACE HARDWARE                  343.21

  043420      04/23/07      A0070    ALBERTSONS/ACME                                 11.49

  043421      04/23/07      A0091    ATLANTIC CITY ELECTRIC                           5.12

  043422      04/23/07      B0023    BENCO, INC.                                    275.00

  043423      04/23/07      B0024    BCMCAA                                         175.00

  043424      04/23/07      B0035    BELMONT & CRYSTAL SPRINGS                      467.57

  043425      04/23/07      B0076    BOND,LAURENCE E.                                36.00

  043426      04/23/07      B0148    BLUE FLAME GAS OF N.J.                         785.76

  043427      04/23/07      B0178    BUGANSKI,PETER R.                               81.71

  043428      04/23/07      C0030    CAMP, BARBARA                                  170.00

  043429      04/23/07      C0046    CAPE MAY COUNTY CLERK                           20.00

  043430      04/23/07      C0048    CAPE MAY COUNTY MUA                         30,192.41

  043431      04/23/07      C0052    CAPE MAY COUNTY TREASURER                  895,072.01

  043432      04/23/07      C0053    CAPE MAY COUNTY TREASURER                    9,955.29

  043433      04/23/07      C0055    CAPE MAY COUNTY HEALTH DEPT.                     4.50

  043434      04/23/07      C0060    CAPRIONI'S PORTABLE TOILETS                  1,127.00

  043435      04/23/07      C0068    COMCAST                                        285.00

  043436      04/23/07      C0071    CAPEHART & SCATCHARD, P.A.                   3,675.50

  043437      04/23/07      C0081    CAPE MAY COUNTY TECHNICAL HIGH                 200.00

  043438      04/23/07      C0122    CMC LEAGUE OF MUNICIPALITIES                   400.00

  043439      04/23/07      C0130    CHIEF SUPPLY CORP.                             661.82

  043440      04/23/07      C0143    CODY'S POWER EQUIPMENT                          28.93

  043441      04/23/07      C0159    CORSON, CURTIS T.                               64.00

  043442      04/23/07      C0180    CONGRESS TITLE                                 423.00

  043443      04/23/07      D0086    DRAWING BOARD/WHEELER GROUPINC                 175.56

  043444      04/23/07      E0001    EARTHTECH CONTRACTING INC.                     935.48

  043445      04/23/07      F0013    FARM RITE INC.                                 402.93

  043446      04/23/07      F0061    FOX ELECTRIC SUPPLY COMPANY                    209.18

  043447      04/23/07      G0006    GARBUTT,PATRICIA A.                              4.00

  043448      04/23/07      G0073    GRANT, DR. CHRIS                               300.00

  043449      04/23/07      H0073    HOME DEPOT CRC/GECF                            676.80

  043450      04/23/07      J0024    JERSEY CAPE DIAGNOSTIC                         110.50

  043451      04/23/07      J0041    JONES, JAMES M.                                199.96

  043452      04/23/07      K0014    KEENAN,BRIAN                                   176.00

  043453      04/23/07      K0020    KENNEY,EDWARD                                  150.00

  043454      04/23/07      K0034    KOHLER, CLAUDE JR.                             284.92

  043455      04/23/07      L0034    LAYTON, BRENDA MRS.                             20.22

  043456      04/23/07      L0064    LITTLE LEAGUE BASEBALL, INC.                   290.00

  043457      04/23/07      L0072    LLOYD, JOEL                                    265.15

  043458      04/23/07      M0017    MOORE MEDICAL CORP.                            285.50

  043459      04/23/07      M0021    MASER CONSULTING, P.A.                       6,417.50

  043460      04/23/07      M0103    MODERN GAS COMPANY, INC.                     1,498.07

  043461      04/23/07      N0042    NAT'L ASSOC OF PHCC                             85.00

  043462      04/23/07      N0079    NIGP - SOUTH JERSEY                             85.00

  043463      04/23/07      P0032    PEDRONI FUEL CO.                             1,476.36

  043464      04/23/07      P0034    PEIFER, SUSAN R.                                28.00

  043465      04/23/07      P0056    PHILADELPHIA TURF CO.                        1,124.11

  043466      04/23/07      R0030    RIGGINS, INC.                                4,618.91

  043467      04/23/07      R0047    REED JIM                                       144.00

  043468      04/23/07      R0055    ROSIAK, CAROL                                    8.00

  043469      04/23/07      R0080    RUTGERS THE STATE UNIVERSITY                    60.00

  043470      04/23/07      S0054    SENN, FRAN