TOWNSHIP OF UPPER

2100 TUCKAHOE ROAD

PETERSBURG, NJ  08270

CAPE MAY COUNTY

MINUTES FOR JANUARY 28, 2008

 

***BUDGET WORKSHOP MEETING-6:00 P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

ROLL CALL

 

Barbara Camp Present

            Frank E. Conrad          Present

Curtis Corson               Present  

            John “Jay” Newman     Present

Richard Palombo          Present

 

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, and Municipal Engineer Paul Dietrich.

 

DISCUSSION ON THE 2008 BUDGET

 

The Mayor referred to Deputy Mayor Corson to give his comments on the worksheet presented this evening. 

 

Mr. Corson stated that the budget has increased by $500,000 over last year because of operating expenses we have no control over such as uncollected taxes and the Gypsy Moth program. He reported that even with that increase the Budget came in under cap and was happy to report that there is no local purpose tax proposed for this year.

 

The worksheets below show the 2008 budget figures discussed at this meeting. Some of the items discussed and amended include the following:

 

Engineer O/E               $70,000.00

Road Repairs             $183,400.00
Zoning/Code O/E            $3,000.00

Planning Board O/E     $4,000.00

Zoning Board O/E          $4,000.00

 

The Budget is ready and scheduled for introduction on February 25, 2008 with the public hearing and final adoption scheduled for April 1, 2008 at 7:30 PM. 

 

There were no further comments on the budget and the meeting was adjourned until 7:30 P.M. at which time the regular meeting starts.

 

 

 

 

 

 

 

 

***REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 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     Present

Richard Palombo          Present

 

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

 

APPROVAL OF MINUTES  -         January 14, 2008 Regular Meeting and

                                                             Closed Session Minutes

Motion to approve the Minutes with one correction.  The Minutes erroneously stated that the SPCA has offered a $2500 reward.  The NJ Humane Society actually offered the reward.

Motion to approve the Minutes with the correction above, by Jay Newman, second by Curtis Corson.  During roll call vote four Committee members voted in the affirmative, Mayor Palombo abstained.

 

REPORT OF GOVERNING BODY MEMBERS

 

Frank Conrad reported that the reward for any information leading to the arrest of the perpetrator involved with the dog that was recently found dead in Tuckahoe was raised from $2,500 to $4,000 and that the investigation was turned over to the NJ SPCA. He also reported that a free rabies clinic is scheduled for Saturday February 9, 2008 from 1:00 PM to 3:00 PM at the Upper Township Municipal Garage. Mr. Conrad commented that winter sports are in full swing and spring sign ups are on the Township website. He reported that the recreation committee is developing rules and regulations for the proposed dog park at Amanda’s Field.  

 

Barbara Camp reported that a letter of gratitude was received from the Upper Township School District, Superintendent of Schools Vincent Palmieri for collecting and properly disposing of obsolete computer equipment located throughout the school district. Mr. Palmieri especially thanked the Department of Public Works in the letter. Mrs. Camp also reported that the Township recently received $242.463.96 in host benefits from the Cape May County Municipal Utilities Authority and that the Township receives $2.58 per ton for being a host community.

 

Curtis Corson, Deputy Mayor reported that the Township had a budget workshop earlier in the evening. He reported that everything came in under cap and there is no local purpose tax proposed for this budget. He also reported that the Budget is tentatively scheduled for introduction on February 25, 2008 with the public hearing and final adoption scheduled for April 1, 2008. Mr. Corson discussed correspondence received with regards to funds for beach restoration. Motion to authorize a resolution in support of a lobbyist for beach funds by Curtis Corson second by Barbara Camp. During roll call vote all five Committee members voted in the affirmative.
 
Jay Newman reported that he had one item for closed session regarding security. He also reported on a Twnship wide training session being held tonight at a vacant house scheduled for demolition on South Shore Road for the Township fire companies and rescue squad. Mr. Newman also reported that construction on Tuckahoe Road is scheduled to start sometime in March. He commented that he and the Township Engineer would be meeting with the State Police and the Chief of the Rescue Squad to discuss the routes for detouring the traffic during the construction.  Mr. Newman discussed the need for training emergency personnel for special operations response team. Motion to authorize an application to the New Jersey Department of Community Affairs for a Share Implementation Grant to support a County- Coordinated regional emergency special operations response team by Jay Newman second by Curtis Corson. During roll call vote all five Committee members voted in the affirmative.

 

Richard Palombo, Mayor congratulated employee Barbara Young from the Clerk’s Office for successful completion of the Registered Municipal Clerk’s exam. Mayor Palombo discussed correspondence he received from Southern Pinelands Natural Heritage Trail sponsored by the NJ Pinelands Commission and suggested they extend the trail to include a stop at the Gandy House. Mayor Palombo also reported that we received a letter suggesting that there is excessive speed on Perry Road. He noted that the radar sign was requested from the Clerk’s Office for placement at that location on January 29, 2008. Mayor Palombo suggested that the Township’s new message board be placed on Perry Road with a message to slow down.

 

OTHER REPORTS

 

Wanda Gaglione, Municipal Clerk, reported on a letter from Donna Young, School Board Administrator requesting the Township share the cost for two custodians for two Township events scheduled at the Middle School on February 2, 2008. Motion to approve the request by Jay Newman, second by Curtis Corson.  During roll call vote all five Committee members voted in the affirmative. She reported to the Committee that passport fees would be rising again on Feb. 1st.  She reported that the Township execution fee was decreased from $30.00 to $25.00 and the Passport fee to the US Dept. of State was increased from $67.00 to $75.00.  She also reminded everyone to vote in the Presidential Primary election scheduled for February 5, 2008 from 6:00 A.M. to 8:00 P.M.

 

Paul Dietrich, Municipal Engineer reported that sand has been hauled onto the Strathmere Beach to help prevent some of the erosion that could occur, and stated that we are still waiting for the State Aid Agreement from the State. He also reported that the work currently being done on the handicap ramps at the main entrance to the municipal building is expected to be completed in about a week.

 

Daniel Young, Township Attorney, Mr. Young reported he had the following items for closed session:  1. Judge Armstrong’s decision on the judgment from the court confirming whether or not the Township could participate in the hearings regarding Strathmere and the Citizens for Whale Beach and the Township with regard to special council for the matter. 2. He will also discuss a closed session matter pertaining to a tax appeal.

He also reported on correspondence received from Steve Martinelli which pertains to the Strathmere matter. He directed Municipal Clerk Wanda Gaglione to forward the letter to the Planning Board.

 

RESOLUTIONS

 

1.   Honoring Christopher Burnell on attaining the designation of "Eagle Scout".

 

                        TOWNSHIP OF UPPER

                         CAPE MAY COUNTY

                       R E S O L U T I O N

                     RESOLUTION NO.034-2008

        RE: HONORING CHRISTOPHER BURNELL ON ATTAINING THE

                  DESIGNATION OF "EAGLE SCOUT"

 

WHEREAS, Christopher Burnell, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; 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 Christopher on the occasion of his receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is

FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Christophers’s parents, family and friends on this happy occasion; and it is

FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters 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 28th day of January, 2008.

Resolution No. 034-2008

Offered by: CAMP              Seconded by: NEWMAN

Adopted: January 28, 2008

 

Roll Call Vote:

NAME           YES        NO         ABSTAINED    ABSENT

Camp        ___X_____    ________   __________   __________

Conrad      ___X_____    ________   __________   ______­____

Corson      ___X_____    ________   __________   __________

Newman      ___X_____    ________   __________   __________

Palombo     ___X_____    ________   __________   __________

 

 

2.      Honoring Andrew S. Kornberg on attaining the designation of "Eagle Scout".

                               

                        TOWNSHIP OF UPPER

                         CAPE MAY COUNTY

                       R E S O L U T I O N

                    RESOLUTION NO.  035-2008

        RE: HONORING ANDREW S. KORNBERG ON ATTAINING THE

                  DESIGNATION OF "EAGLE SCOUT"

 

 

WHEREAS, Andrew Kornberg, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; 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 Andrew on the occasion of his receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is

FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Andrew’s parents, family and friends on this happy occasion; and it is

FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters 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 28th day of January, 2008.

 

Resolution No. 035-2008

Offered by: CORSON        Seconded by: CAMP

Adopted: January 28, 2008

Roll Call Vote:

NAME           YES        NO         ABSTAINED    ABSENT

Camp        ____X____    ________   __________   __________

Conrad      ____X____    ________   __________   ______­____

Corson      ____X____    ________   __________   __________

Newman      ____X____    ________   __________   __________

Palombo     ____X____    ________   __________   __________

 

 

3.      Honoring Webelos Scouts of Cub Scout Pack 55, Zachary Archer, Kevin Barnes, Anthony Broker, Edward Carter, Christopher Maffei, David Meranus, Travis Pierpoint and Brandon Sibitzky on attaining the Arrow of Light award.

 

TOWNSHIP OF UPPER

                     CAPE MAY COUNTY

                   R E S O L U T I O N

                RESOLUTION NO.  036  -2008

RE: HONORING WEBELOS SCOUTS OF CUB SCOUT PACK 55,        

ZACHARY ARCHER, KEVIN BARNES, ANTHONY BROKER,

EDWARD CARTER, CHRISTOPHER MAFFEI, DAVID MERANUS,

TRAVIS PIERPOINT AND BRANDON SIBITZKY

ON ATTAINING THE ARROW OF LIGHT AWARD

WHEREAS, the Webelos Scouts of Cub Scout Pack 55, have recently achieved the Arrow of Light Award, which is the highest level of advancement for a Cub Scout; 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 these graduating Webelos Scouts on the occasion of their receiving the Arrow of Light Award and commends them for this outstanding accomplishment; and it is

FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to their parents, family and friends on this happy occasion; and it is

FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters 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 28th day of January, 2008.

Resolution No. 036-2008

Offered by: CAMP             Seconded by: CONRAD

Adopted:  January 28, 2008

Roll Call Vote:

NAME           YES      NO            ABSTAINED   ABSENT

Camp           __x_____ ­­_________­­­­     _______   ______

Conrad         __x____  _________     ­­­­­­­­_______   _______

Corson        __x____   _________     _______   _______

Newman         __x____  _________     _______   _______

Palombo        __x____  _________     _______   _______

 

4.      Resolution of commendation to Emergency Medical Technicians Judith May, Melissa Blackledge and Mark Barham of the Upper Township Division of Emergency Medical Services and extending to them our sincere appreciation.

 

TOWNSHIP OF UPPERPRIVATE

CAPE MAY COUNTY

R E S O L U T I O N

PRIVATE RESOLUTION NO.  037 –2008tc  \l 1 " RESOLUTION NO. __021_-2002"

RESOLUTION OF COMMENDATION TO EMERGENCY MEDICAL TECHNICIANS

Judith MAY, mELISSA BLACKLEDGE AND MARK BARHAM

of the UPPER TOWNSHIP DIVISION OF EMERGENCY MEDICAL SERVICES

AND EXTENDING TO THEM OUR SINCERE APPRECIATION

 

 

     WHEREAS, the Township Committee of the Township of Upper wishes to express appreciation and convey commendations to EMS Technicians Judy May, Melissa Blackledge and Mark Barham for their continually fine service to this community and in particular their quick response and life saving efforts bestowed upon Andrew S. Zakrzewski on December 12, 2007; and

     WHEREAS, Mr. Zakrzewski believes he is alive and well today because of the quick response and life saving skills demonstrated to him by Judy, Melissa and Mark on that date and has requested that they be publicly commended and thanked;

           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 Sr. Emergency Technician Judith May, and Emergency Technicians Melissa Blackledge and Mark Barham are publicly commended for their quick response with life saving skills as well as their compassionate medical service given to Mr. Zakrzewski during his medical emergency.

2.      That this Committee, on behalf of all the citizens of the Township of Upper extend to Judy, Melissa and Mark, as well as all of our Emergency Medical Services personnel our sincerest appreciation for their fine skills, the pride they take in their work, and the compassion shown to those with emergency medical needs.

     GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 28th day of January, 2008.

Resolution No. 037   -2008

Offered by: NEWMAN               Seconded by: CONRAD

Adopted:  January 28, 2008

Roll Call Vote:

NAME            YES       NO          ABSTAINED   ABSENT

Camp            __X____    ­­_______    _________   ______

Conrad         __X____    _______     ­­­­­_________   ______

Corson          __X____    _______     _________   ______

Newman         __X____    _______    _________   ______

Palombo        __X____    _______    _________   ______

 

 

     5.   Authorizing the Township Of Upper to enter into a contract with Benjamin Rau for the maintenance and development of the Upper Township Internet Web Site for the    year 2008.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 038-2008

RE: AUTHORIZING THE TOWNSHIP OF UPPER

TO ENTER INTO A CONTRACT WITH BENJAMIN RAU

FOR THE MAINTENANCE AND DEVELOPMENT OF THE

UPPER TOWNSHIP INTERNET WEB SITE FOR THE YEAR 2008

____________________________________________________________________

 

WHEREAS, the Township of Upper maintains an internet web site which requires routine maintenance and web site enhancement, including but not limited to the development of new pages, information and data for the web site; and

WHEREAS, Benjamin Rau possesses the requisite skill and knowledge to perform routine maintenance on the Upper Township web site and enhance same by developing new pages and information; and

WHEREAS, the Township of Upper desires to enter into a contract for services with said Benjamin Rau for the aforesaid purposes; 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 of Upper is hereby authorized to enter into a contract for         services with Benjamin Rau for routine maintenance and enhancement, including the development of new pages and information, with respect to the Township internet web site for the calendar year 2008.

     3.  The consideration to be paid said Benjamin Rau shall be the sum of two thousand eight hundred dollars ($2,800.00) for the calendar year 2008.

                 4.  A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.

                  5.  The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.

     6.  The contractor has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and the contract will prohibit  Contractor from making any reportable contributions through the term of the contract.

7.  All Township officials are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.

8.  This Resolution shall be effective as of January 1, 2008.

Resolution No. 038-2008

Offered by: Camp               Seconded by: Conrad

Adopted: January 28, 2008

Roll Call Vote:

NAME                         YES                 NO        ABSTAINED            ABSENT

Camp                             X_                                                                 ______      

Conrad                         _X                                                                  ______      

Corson                         _X                                                                  ______      

Newman                      _X                                                                  ______      

Palombo                       _X                                                                  ______      

 

 

6.  Renewing Mining Licenses for 2008 for George Harms Construction, Inc.; Hanson Aggregates BMC/Upper Township Sand and Gravel; Hanson Aggregates BMC/Julie’s Pit; Thomas Tower/Action Supply, Inc.; Thomas Tower/Atlantic Masonry Supply, Inc.; Tuckahoe Sand and Gravel; Frederick Daley, T/A Dailey’s Pit. 

 

Mr. Conrad abstained from any participation on this matter and stepped away from dais.

Mr. Dietrich commented that both Hanson pits have not yet received Planning Board review.  Motion was made to approve all the mining operations, except the two Hanson sites; Motion by Barbara Camp, second by Curtis Corson, to approve and adopt the following resolution without the Hanson sites.  During roll call vote four Committee members voted in the affirmative.  Mr. Conrad did not participate.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 039-2008

RE: RESOLUTION RENEWING MINING LICENSES AS FOLLOWS:

_________________________________________________________________

 

GEORGE HARMS CONSTRUCTION CO., INC.

BLOCK 414, LOT 45 AND BLOCK 451, LOT 4

DENNISVILLE/PETERSBURG ROAD

PETERSBURG, NEW JERSEY

 

THOMAS TOWER/ACTION SUPPLY, INC.

BLOCK 565.03, LOTS 54

BLOCK 549, LOTS 132, 133, 134, 135 & 136

1413 STAGECOACH ROAD

SEAVILLE, NEW JERSEY

 

THOMAS TOWER AND ATLANTIC MASONRY SUPPLY, INC.

BLOCK 565.03, LOTS 55.02, 56 & 57;

BLOCK 549, LOTS 111, 127, 128 & 129

1413 STAGECOACH ROAD

SEAVILLE, NEW JERSEY

 

TUCKAHOE SAND AND GRAVEL

BLOCK 249, LOT 1; BLOCK 248, LOTS 1, 2, 3, 4, 5, 6, 7 & 8

BLOCK 247, LOTS 4, 9 & 10

ROUTE 610

PETERSBURG, NEW JERSEY

 

FREDERICK DALEY, T/A DALEY’S PIT

BLOCK 453, LOT 3

ROUTE 610 DENNISVILLE/PETERSBURG ROAD

PETERSBURG, NEW JERSEY

 

____________________________________________________________________

 

 

WHEREAS, Chapter XV of the Code of Upper Township requires a license for the excavation or mining of sand, gravel, earth, soil or mineral products which license shall be issued on an annual basis;

WHEREAS, each of the mining operations hereinafter designated has completed the application process in accordance with the Code of Upper Township; and

WHEREAS, the Township Committee has reviewed the recommendation of the Township Engineer after his inspection of said mining facilities and review of each application for license renewal and has determined to renew said licenses in accordance with the terms hereinafter specified;

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 following mining and soil excavation licenses are hereby renewed for a term of one (1) year commencing February 1, 2008:

A.        George Harms Construction Company, Inc., Block 414, Lot 45 and Block 451, Lot 4, Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.

B.        Thomas Tower/Action Supply, Inc., Block 565.03, Lot 54; Block 549, Lots 132, 133, 134, 135 & 136, 1413 Stagecoach Road, Seaville, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.

C.        Thomas Tower and Atlantic Masonry Supply, Inc., Block 565.03, Lots 55.02, 56 & 57; Block 549, Lots 111, 127, 128 & 129, 1413 Stagecoach Road, Seaville, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.

D.        Tuckahoe Sand and Gravel, Block 249, Lot 1; Block 248, Lots 1, 2, 3, 4, 5, 6, 7 & 8; Block 247, Lots 4, 9 & 10; Route 610; Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.

E.         Frederick Daley, T/A Daley’s Pit; Block 453, Lot 3; Route 610 Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.

3.  All officials of the Township are hereby authorized to take such action as may be necessary or required to carry out the intent and purpose of this Resolution.

4.  This Resolution shall become effective on February 1, 2008.

 

Resolution No. 039-2008

Offered by:  Corson,        Seconded by: Palombo     

Adopted: January 28,  2008

Roll Call Vote:

NAME                 YES                  NO                 ABSTAINED    ABSENT

Camp              ____x______    __________         __________   ______­____

Conrad            ___________    __________         _____x____   __________

Corson            ___x_______    __________         __________   __________

Newman          ___x_______    __________         __________   __________

Palombo          ___x_______    __________         __________   __________

 

 

7.      Declaring the Gypsy Moth a Public Nuisance. 

It was discussed that 4500 acres in Upper Township are included in the area to be sprayed and the cost is estimated at $300,000.  There is no word yet on whether Federal funding would be available.  When the matter was opened to the public for comment, there were no speakers

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

                   R E S O L U T I O N

                 RESOLUTION NO. 040-2008

DECLARING THE GYPSY MOTH A PUBLIC NUISANCE

 

WHEREAS, the gypsy moth Lymantria dispar, has been found heavily defoliating tree and plant growth in the Township of Upper; and

WHEREAS, continued destruction of foliage may result in loss of valuable forest lands and trees; and

WHEREAS, the Township Committee of the Township of Upper has determined that a gypsy moth control program should be instituted with the State of New Jersey Department of Agriculture and that application for any Federal or State funds available be authorized.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Township Committee of the Township of Upper that the gypsy moth is declared to be a public nuisance and the protection of vegetation or plant life therefrom is deemed to be a subject matter of public welfare, and that all measures deemed necessary, in compliance with the State of New Jersey Department of Agriculture recommendations, is hereby authorized to suppress this forest and shade tree pest.

                       

Resolution No.040-2008

Offered by:CAMP           Seconded by:CONRAD

Adopted:          January 28, 2008

Roll Call Vote:

NAME                 YES               NO             ABSTAINED    ABSENT

Camp               ____X_____    __________   __________   ______­____

Conrad             ____X_____    __________   __________   __________

Corson             ____X_____   __________   __________   __________

Newman          ____X_____   __________   __________   __________

Palombo           ____X_____    __________   __________   __________

 

 

8.      Authorizing the approval and execution of an Interlocal Services Agreement with the County of Cape May to provide media storage at the Records Recovery Center.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.      041-2008

RE: AUTHORIZING THE APPROVAL AND EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT WITH THE COUNTY OF CAPE MAY TO PROVIDE MEDIA STORAGE AT THE RECORDS RECOVERY CENTER

 

_______________________________________________________________

 

WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-1, et seq., provides that any local governmental unit may enter into a contract with any other local governmental unit or units for the joint provision within their several jurisdictions of any service which any party to the agreement was empowered to render within its own jurisdiction; and

WHEREAS, the Interlocal Services Act (Act) further provides that the parties to an Interlocal Services Contract may agree to provide jointly, or through the agency of one or more of them on behalf of any or all of them, any service or aspect of a service which any of the parties on whose behalf such services are to be performed may legally perform for itself; and

WHEREAS, the Cape May County Management Information Services maintains a facility in Dennis Township to store vital records in an electronic format; and

WHEREAS, the Township of Upper may, on occasion, require the services provided by the County of Cape May; and

WHEREAS, the Township Committee of the Township of Upper recognizes that the use of the County of Cape Mays facility and services could be economically beneficial to the Township; and

WHEREAS, the Township Committee of the Township of Upper has deemed it would be in the best interest of the residents of the Township to enter into an Interlocal Services Agreement with the County of Cape May to provide offsite data storage for electronic media.

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

1. INTERLOCAL SERVICES AGREEMENT. Pursuant to the provisions of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., the Township of Upper is hereby authorized and empowered to enter into an Interlocal Services Agreement with the County of Cape May City to provide offsite data storage for electronic media.

2. SERVICES TO BE PROVIDED BY CONTRACT. The Interlocal Services Agreement authorized in paragraph 1 hereof shall cover those services, which are enumerated in said Agreement, a copy of which is attached hereto as Exhibit A.

3. AUTHORIZATION TO MUNICIPAL OFFICIALS. The appropriate Township officers and officials are hereby authorized to take any action necessary or advisable to carry out the intent and purpose of this Resolution. Specifically, the Mayor and Township Clerk are hereby authorized and directed to execute such Interlocal Services Agreement on behalf of the Township of Upper pursuant to the authority conferred by this Resolution. The Township Clerk is further authorized and directed to seal said Agreement with the official seal of the Township of Upper.

4. COMPLIANCE WITH STATUTORY REQUIREMENTS. The Interlocal Services Agreement between the Township of Upper and the County of Cape May shall meet and satisfy the requirements of N.J.S.A. 40:8A-6, as may be amended and supplemented.

5. SEVERABILITY. If any action, subsection, paragraph, sentence or other part of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Resolution, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Resolution directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Resolution shall remain in full force and effect.

6. REPEALER. All Resolutions or parts of Resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency only.

7. EFFECTIVE DATE. This Resolution shall take effect immediately upon final adoption and publication in the manner provided by law.

 

Resolution No.      041-2008

Offered by: NEWMAN                                    Seconded by: CAMP

Adopted:  January 28, 2008

Roll Call Vote:

NAME             YES     NO      ABSTAINED  ABSENT

Camp                 X                                                 

Conrad                           X                                                 

Corson                           X                                                 

Newman            X                                                 

Palombo            X                                                 

 

ORDINANCES

 

      9.  Introduction and First Reading of Ordinance No. 002-2008, RE: AN ORDINANCE   TO AMEND CHAPTER 7, SECTION 7-3.7, OF THE    REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER ENTITLED “LICENSED VEHICLES ONLY”.  This ordinance amendment allows the Zoning Officer, on the advise of the Engineer, to issue permits for dumpsters; a more efficient process rather than requiring the application be brought before the Township Committee each time.  Motion by Curtis Corson, second by Barbara Camp to introduce Ordinance No. 002-2008 with public hearing and final adoption on February 25, 2008.  During roll call vote all five Committee members voted in the affirmative.

 

                                                       TOWNSHIP OF UPPER

                                                          CAPE MAY COUNTY

                                                             O R D I N A N C E

                                                  ORDINANCE NO.    002-2008

RE: ORDINANCE TO AMEND CHAPTER 7, SECTION 7-3.7, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER ENTITLED “LICENSED VEHICLES ONLY”

___________________________________________________________________

 

 

BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May, State of New Jersey as follows:

SECTION 1: Chapter 7, Section 7-3.7, of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, is hereby amended as follows:

7-3.7   Licensed Vehicles Only.

a.         Unchanged.

b.         No dumpsters or other devices used to contain construction materials or debris shall be parked on any public street or alley without issuance of a prior permit for such activity. Such permit shall be issued by the Township Zoning Officer following the filing of an application for same and the review and recommendation of said permit by the Township Engineer. The application shall indicate the exact location and length of time requested for parking. Upon recommendation of the Township Engineer the Township Zoning Officer may issue of a permit for a specific space for a maximum of thirty (30) days. Said permit shall be renewed for an additional thirty (30) day period up to a maximum of one hundred eighty (180) days. The Township Zoning Officer may deny any such application upon the recommendation of the Township Engineer if such denial is in the best interest of the health, safety and welfare of Township residents or if there would be a significant negative impact on traffic circulation. Any such denial may be appealed to the Township Committee, and after a hearing, on notice to the applicant indicating the applicant has the right to appear and participate in the hearing, the Township Committee may either uphold the denial or issue the permit.

c.         Unchanged.

SECTION 2: Should any section, clause, sentence, phrase or provisions of this Ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION 3: All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

SECTION 4: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.

SECTION 5: CODIFICATION: This Ordinance shall be codified in Chapter 7 of the Upper Township Code commencing at 7-3.7.

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 28th DAY OF JANUARY, 2008 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 25TH DAY OF FEBRUARY, 2008 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.

BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.

WANDA GAGLIONE, TOWNSHIP CLERK

TOWNSHIP OF UPPER

 

CORRESPONDENCE

 

10.  Request from Katie Saul to install a streetlight at the Meadowlark Road cul-de-sac.  Mr. Dietrich reported that after inspection of the neighborhood he felt the street is dark and warrants a streetlight.  Motion by Curtis Corson, second by Barbara Camp to authorize the placement of a streetlight in that area.   During roll call vote all five Committee members voted in the affirmative. 

 

NEW BUSINESS

 

11.   Church of the Resurrection, request to hold a raffle on 2/15/2008, RA-325.

Motion by Barbara Camp, second by Jay Newman to approve raffle application.  During roll call vote all five Committee members 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.” Motion by Jay Newman, second by Barbara Camp to approve all bills as submitted.   During roll call vote all five Committee members voted in the affirmative. 

 

Bills approved for payment: $1,220,829.36

Payroll                                            $   145,191.96

 

REPORT OF MUNICIPAL DEPARTMENTS:

 

12.  Animal Control-12/07

 

PUBLIC COMMENT

 

Michael Jones, Tuckahoe, asked a question about the Change Order for the Amanda’s Field Grading Bid Project that was acted upon at the last meeting.  The Change Order was for irrigation at the site. 

He also asked about the Rau Contract for maintenance and development of the Upper Township website.

 

There were no other speakers during public comment.  Motion by Curtis Corson second by Barbara Camp to close the regular portion of the meeting and go into an executive session.

During roll call vote all five Committee members voted in the affirmative.

 

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.

 

 

 

RECONVENE PUBLIC PORTION OF MEETING

 

ADJOURNMENT

 

There was no further business for this evening and the meeting was adjourned at 9:15 P.M.  Next meeting scheduled for February 11, 2008 at 7:30 P.M.

 

                                                                        Minutes prepared by

 

 

                                                                        Wanda Gaglione, RMC

                                                                        Municipal Clerk

Bill List

  045249      01/28/08      A0074    ATLANTIC CARE OCCU. MEDICINE                    75.00

  045250      01/28/08      A0091    ATLANTIC CITY ELECTRIC                       7,612.19

  045251      01/28/08      B0070    HORIZON BLUE CROSS/BLUE SHIELD              90,000.32

  045252      01/28/08      B0076    BOND,LAURENCE E.                               150.00

  045253      01/28/08      B0093    BARRY,CORRADO,GRASSI & GIBSON               10,468.23

  045254      01/28/08      C0009    CAPE MAY COUNTY TCTA                           400.00

  045255      01/28/08      C0019    CITY OF OCEAN CITY                          45,779.00

  045256      01/28/08      C0030    CAMP, BARBARA                                   32.00

  045257      01/28/08      C0052    CAPE MAY COUNTY TREASURER                  964,917.24

  045258      01/28/08      C0053    CAPE MAY COUNTY TREASURER                    7,463.89

  045259      01/28/08      C0056    CAPE MEDIATION SERVICE, INC.                 1,363.56

  045260      01/28/08      C0060    CAPRIONI'S PORTABLE TOILETS                  1,072.00

  045261      01/28/08      C0130    CHIEF SUPPLY CORP.                              10.99

  045262      01/28/08      D0011    DIVISION OF STATE POLICE CIU                   299.25

  045263      01/28/08      D0040    DELTA DENTAL PLAN OF N.J. INC.               5,552.79

  045264      01/28/08      E0017    EDMUNDS & ASSOCIATES,INC.                    8,355.00

  045265      01/28/08      E0030    EXECUTIVE BUSINESS PRODUCTS                    739.08

  045266      01/28/08      F0016    FAZZIO, JOSEPH INC.                            370.80

  045267      01/28/08      G0061    GLASS SURGEON                                  267.00

  045268      01/28/08      G0094    GRUBB, JON                                      32.00

  045269      01/28/08      H0051    HEWLETT-PACKARD CO.                            535.96

  045270      01/28/08      H0054    HOFFMANN,WILLIAM                                11.10

  045271      01/28/08      H0057    HISTORICAL PRESERVATION                      1,358.00

  045272      01/28/08      H0059    HEALTH ENTERPRISE INC                          315.95

  045273      01/28/08      I0002    IAAO                                           175.00

  045274      01/28/08      J0037    J L ELECTRICAL CONTRACTING INC              38,690.00

  045275      01/28/08      K0016    KEENE, DAVID                                   681.00

  045276      01/28/08      K0034    KOHLER, CLAUDE JR.                             111.00

  045277      01/28/08      M0029    MARGATE ADVERTISING                            347.73

  045278      01/28/08      M0103    MODERN GAS COMPANY, INC.                     3,268.27

  045279      01/28/08      M0174    MCAFEE MEGAN                                   150.00

  045280      01/28/08      N0052    NATL YOUTH SPORTS COACHED ASSN                 500.00

  045281      01/28/08      N0068    NJ MOTOR VEHICLE COMMISSION                    150.00

  045282      01/28/08      O0006    OCS PRINTING                                    38.00

  045283      01/28/08      P0028    PACIFIC BULLETPROOF CO.                      4,221.00

  045284      01/28/08      P0032    PEDRONI FUEL CO.                             1,531.83

  045285      01/28/08      P0064    PITNEY BOWES                                   210.00

  045286      01/28/08      P0096    PREVITI,MICHELE M.                              15.59

  045287      01/28/08      P0102    PUBLIC WORKS ASSOC OF N.J.                      70.00

  045288      01/28/08      Q0008    QUILL CORPORATION                              582.57

  045289      01/28/08      R0030    RIGGINS, INC.                                8,900.39

  045290      01/28/08      R0045    RAINEAR,SCOT                                   275.00

  045291      01/28/08      R0055    ROSIAK, CAROL                                   24.00

  045292      01/28/08      S0034    SCHULER, DANIEL                                 76.00

  045293      01/28/08      S0066    SEETON TURF WAREHOUSE LLC                       61.96

  045294      01/28/08      S0092    SHONE, LEROY                                    44.00

  045295      01/28/08      S0124    SORENSON, LESLIE                               132.00

  045296      01/28/08      S0134    SO. JERSEY GAS COMPANY                       2,106.25