TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
REGULAR MEETING
OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp
Present
Frank E. Conrad
Present
Curtis
Corson
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also present were
Municipal Clerk Wanda Gaglione, Finance Officer Barbara Spiegel, Municipal
Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES -
June 8, 2009 Regular Meeting and
Motion was made by Curtis Corson, second by Barbara Camp to
approve the Minutes as written.
During roll call vote, Jay Newman
abstained and the remaining four Committee members voted in the affirmative.
Frank Conrad
reminded everyone that the 4th
of July Fireworks will be
at Amanda’s field
again this year. He briefly
discussed the parking and traffic pattern planned for the event. He has one item
for closed session under Potential Litigation/Contract regarding the Animal
Control Contract.
Barbara Camp
reported on the retirement luncheon
held recently for Township Tax
Collector, Susan
Piefer. On behalf of the Township Committee she thanked Mrs. Piefer for her
years of service, and dedication to the Township, and congratulated her on her
retirement.
Jay Newman also
discussed the 4th of July Fireworks at Amanda’s Field and that the
fire companies and the rescue squad would be on hand.
He also reminded the audience that Strathmere would be holding their
annual parade at 10:30 a.m. Both events will
be advertised on UTTV Channel 2,
Channel 96 for Strathmere, and in the Gazette.
Richard Palombo,
Mayor, reported he has been working
with the County regarding plans to insure Cape May County is ready should there
be an outbreak of the Swine Flu next winter.
He wants the public to know that while this is not a notice of panic it
could become a problem later in the year.
The County and Township have established plans to protect the public.
He reported that
he received acknowledgement from Senator Frank Lautenberg that he will continue
to support that beach funding be re-instituted on a Federal level.
He reported that
he attended an early morning meeting to discuss the new Employee Health Benefits
program. He feels that the Township
is providing a good health benefit plan and has accomplished everything they set
out to do with this new program.
Wanda Gaglione, Municipal Clerk has one Personnel issue for closed session.
Daniel Young, Municipal Attorney has reviewed various quotes from Tax Collector regarding online payment of taxes. He would like to get some direction from the Committee on how they would like to proceed. Public pay online at no cost vs. a taxpayer convenience
charge for taking payment online. There is a one time set up fee of $2500.00 and the
Bank would pay the annual fee. Curtis Corson made motion authorizing Mr. Young to prepare a resolution to award a contract at next meeting, this was seconded by Barbara Camp with all five Committee members voting in the affirmative.
Mr. Young had 2 matters of Litigation for closed session discussion--they being the status on the current Tax Appeals, and the status on the Grubb matter.
1.
New Jersey
Department of Environmental Protection and Bureau of Coastal Engineering Public
Information—PowerPoint presentation regarding the beach replenishment project.
(The PowerPoint document is included in these Minutes.)
The following were present from the Bureau of Coastal Engineering: Benjamin Keiser, Bureau Manager; William Dixon, Supervisor; and Eric Doyle, Project Engineer.
David Johansen, was present as Superintendent for the dredging company, Great Lakes Dredge & Dock Company.
Dr. Stewart Farrell and Stephen Hafner from Stockton State College Coastal Research Department were present to provide beach information as they have provided beach monitoring services for the Township for many years.
Mr. Keiser gave brief summary of the Bureau of Coastal Engineering duties and services.
Their purpose is to administer beach nourishment, provide shore protection, and oversee navigational projects throughout the state, as well as provide protection to life and property along the coastline and preserve natural resources. By Legislature the Bureau has been given $25 million dollars annually. The funds awarded are divided for three different phases; Federal projects, State Projects, Professional & Technical Services. He explained that payment ratios are different for federal and state projects.
He reported that all contracts and permits for this beach nourishment are being processed through Trenton and are awaiting the commissioner’s signature. The permits will not be issued until all signatures are in place but are anticipated to be in place by July 1.
Eric Doyle, Project Engineer was then invited to do the presentation. His comments included the following: The project consists of placement of sand in Strathmere, Sea Isle City, NorthWildwood, and Stone Harbor. The Strathmere beach renourishment will begin
at the northend at the State Park area and extending to Seaview and Williams. It will pick up again at Webster and continue down to Polk Avenue. He discussed the successful placement of the rock groin. A total of 891,000 cubic yards of sand will be used to rebuild these areas.
Mr. Doyle directed attention to the channel area and stated that it would be dredged 20 feet to open the primary channel. The goal is to shut off the secondary channel which has been exacerbating the erosion on the northern tip of island. Beach berms were discussed.
The construction will begin at the northern end of the island with exceptions made to
protect any nesting bird areas. The potential production from the dredge contractor is between 2000 –2500 cubic yards per hour.
The entire contract is for 180 days. It is anticipated work will begin the second week of July and the dredging contractor will begin pumping sand the 3rd week of July. The dredging will be performed 24 hours a day. A completion date for Strathmere is expected for the first week of September and all work completed by January 2010.
Committeeman Curtis Corson asked if the pipes will remain on Strathmere beaches until Sea Isle City is completed. Mr. Doyle’s response was “yes” they would remain and that some beach areas would be closed due to public safety reasons. There will also be on-site construction monitoring to insure no damage occurs to houses or infrastructures around the site.
One area of concern is the pumping in of munitions debris as seen in a northern shore community. Mr. Johanson from the dredging company stated that there will be a double screen system to insure that no munitions are pumped onto beach. There will be a state inspector on site to review these screens and to shut down the project if any munitions debris is evident on screens. It is not anticipated to be a problem but is being done as a safety measure.
The total cost of this project is $ 20,554,000, with Strathmere’s cost estimated at $6,026,000. The State of New Jersey is responsible for 75% of the cost and the Township is responsible for 25%. At this time the Township’s cost will be 1.23 million dollars. This could be decreased due to cost consolidations. Mr. Doyle concluded his presentation, directed attention to website for more information.
The following comments were heard.
Mayor Palombo asked if dredging the channel would also help to reduce the erosion further
west on the inlet section. The response was that yes it will gradually fill the flood channel
along the beach shoreline and that sand will migrate back. He asked about when the staging of
the pipes would take place. The contractor responded that work would begin as soon as all paperwork is in place; that they would begin to lay it as soon as possible with as little interruption to beach use as possible.
His last question was in regards to protected birds and the beginning of work. The
Bureau responded that no work is allowed in any area of Piping Plover nests. No work would begin in areas that nesting birds are present.
Curtis Corson, Deputy Mayor asked that since we have already paid the $1.23 million dollars– could we receive extra sand? The representatives’ reply was “no” due to regulatory restrictions; however they could discuss other options once all work was completed, such as possibly building up dunes, etc. Mr. Corson asked if the safety/rescue Kubota vehicle would be able to get over pipes? Mr. Doyle answered that the vehicle could get over them once the sand ramp is in place.
The Mayor opened the meeting for questions and comments from the public and the following speakers were heard.
Robert Rollins, Seacliff Ave., Strathmere, asked if the dredging would include the large sandbar in Corsons Inlet. The response was that yes it will be included however it will not create a navigable channel with markings, but would be improved somewhat.
Struthers Dunn, 29 N. Bayview Dr., Strathmere, questioned when the pictures shown with the presentation were taken and noted that there have been substantial changes since then. The Bureau responded that they were from 2007 and they are aware of the changes however the pictures were for geographical purposes only.
Ted Kingston, of Strathmere, asked about the availability of the PowerPoint slides; Mr. Keiser responded that they would be available on the website within 48 hours.
Thomas Kech, of Seaville, questioned whether the Natural Area would be accessible for public recreational activities or only be a bird sanctuary. The Bureau responded that as the work
progresses the area will be opened to the public except when protected species are on site, then it will remain closed.
A copy of the PowerPoint presentation has been included in these Minutes and also can be found on the NJDEP website at www.nj.gov/dep/shoreprotection.
2.
Establishing a Maintenance Program
involving the Periodic Re-Nourishment of sand on the beaches of Strathmere and
Whale Beach.
Dr. Stewart Farrell explained that this Resolution will enable FEMA to aid the
Municipality in the event of a Disaster.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 146-2009
RE: ESTABLISHING A MAINTENANCE PROGRAM INVOLVING THE PERIODIC RE-NOURISHMENT OF
SAND ON THE BEACHES OF STRATHMERE AND WHALE BEACH
_________________________________________________________________________
WHEREAS,
the Township of Upper and the State of New Jersey is about to undertake a beach
nourishment project which will place as much as a million cubic yards on the
Township beaches between the state park land at the northern end of Strathmere
and the southern boundary of Whale Beach with Sea Isle City; and
WHEREAS,
this 2009 Beach Replenishment Project has been designed to provide at least a 25
year level of storm protection to the development landward of the dunes; and
WHEREAS,
the design of this 2009 Beach Replenishment Project is focused on recovery from
inlet-induced erosion of the northern end of the island by secondary tidal
channel development right at the beach; and
WHEREAS,
this 2009 Beach Replenishment Project, as set forth in plans prepared by Paul E.
Dietrich, P.E., Township Engineer, entitled “2008 Strathmere Beachfill” dated
March 5, 2009 on file in the Township Engineer’s Office, calls for a 12 foot
elevation dune, a 100 foot wide (minimum, some with widths reaching 540 feet)
berm at 6.75 feet elevation (NAVD88) with the beach face slope plan to be 1:30
slope into the ocean; and
WHEREAS,
the Township of Upper has determined that it is in the best interests of the
Township to provide monitoring of the Project (both quarterly surveys and
immediate post-storm cross section surveys) along with consultations with the
Municipal Engineer and the Richard Stockton College Coastal Research Center to
determine when maintenance would be necessary to keep the Project within a
minimum of 55% of the design sand volume in place; 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 of the Township of Upper hereby determines that
the Township shall provide monitoring and maintenance of the beaches in the
Strathmere and Whale Beach sections of the Township.
3.
The Township hereby establishes a maintenance program to provide for the
periodic re-nourishment of sand at least every five years and as necessary to
keep the aforesaid Project with a minimum of 55% of the design sand volume in
place.
4.
All Township officials and officers are hereby authorized and empowered
to take all action deemed necessary or advisable to carry into effect the intent
and purpose of this Resolution.
Resolution No.
146-2009
Offered by:
Conrad
Seconded by:
Corson
Adopted: June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Camp
x
Conrad
_x__
Corson
x
Newman
x
Palombo
x
3.
Appointing
Rhonda Sharp as Tax Collector and Tax Search Officer of the Township of Upper
Commencing July 1, 2009.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 147-2009
RE: APPOINTING RHONDA
SHARP AS TAX COLLECTOR AND TAX SEARCH
OFFICER OF THE TOWNSHIP OF UPPER COMMENCING JULY 1, 2009
________________________________________________________________________
WHEREAS, Susan Piefer on the occasion of her retirement from the Township of Upper has submitted a resignation from the position of Tax Collector and Tax Search Officer said resignation effective June 30, 2009; and
WHEREAS, the said resignation creates vacancies in the Tax Office that need to be filled in accordance with N.J.S.A. 40A:9-141 et seq. ; and
WHEREAS, the Township Committee has duly considered the matter and has determined that Rhonda Sharp, the current Deputy Tax Collector, possesses the designation of Certified Tax Collector as issued by the Director of the Division of Local Government Services also in accordance with N.J.S.A. 40A:9-141; and
WHEREAS, the Township Committee is of the opinion that Rhonda Sharp is
also an appropriate person for appointment to the vacant Tax Search Officer
title; 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. Rhonda Sharp is hereby appointed Tax Collector of the Township of Upper, to fill the unexpired term of Susan Piefer, effective July 1, 2009 at a salary of $ 47,850 per year.
3. Rhonda Sharp is also hereby appointed to fill the unexpired term of Susan Piefer as the Tax Search Officer, effective July 1, 2009 at a yearly stipend of $1,850.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 22nd day of June, 2009.
Resolution No. 147-2009
Offered by: Corson Seconded by: Newman
Adopted: June 22, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_____ __________ __________ _________
Newman ___x_____ __________ __________ _________
4.
Appointment of William McDaniels, Jr. as
Carpenter to the Upper Township Department of Public Works.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 148-2009
RE: APPOINTMENT OF WILLIAM MCDANIELS, JR. AS CARPENTER
TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, a
need exists to appoint qualified personnel to various positions within the Upper
Township Department of Public Works to insure optimal operation; 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. William McDaniels,
Jr., is hereby appointed to
Carpenters position effective June 12, 2009 at an annual salary of
$ 46,339.00 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 June 22, 2009.
Resolution No. 148-2009
Offered by: Camp
Seconded by:
Conrad
Adopted: June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
__x______
__________ __________
________
Conrad
__x______
__________ __________
________
Corson
__x______
__________ __________
________
Newman
__x______
__________ __________
________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 149-2009
RE: APPOINTING THE 2009 SEASON BEACH PATROL PERSONNEL
_______________________________________________________________________________
WHEREAS,
the individuals hereinafter named have been determined to possess the requisite
skills, training and are otherwise eligible for appointment to the position of
lifeguard; 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 following
individuals are appointed as lifeguards in the Township of Upper in a part-time
seasonal position effective immediately pending pre-employment testing at a
salary as stated below in accordance with the Salary Ordinance:
ROOKIE
GUARDS
William Dooner
$10.00 per hour
Carly Cox
$10.00 per hour
Blake Boffa
$10.00 per hour
Cara Thomas
$10.00 per hour
Joseph Giardino
$10.00 per hour
3.
Due to scheduling and their availability the following individuals
hired earlier this year, by Resolution No. 112-2009, 119-2009 and 144-2009 will
have their positions and titles changed as follows effective June 16,
2009:
RETURNING GUARDS
Spenser Popeson
$11.50 per hour
Katelyn Kenny
$11.50 per hour
SENIOR GUARDS
Joseph O’Neill
$13.00 per hour
Andrew Tobiason
$13.00 per hour
4.
This Resolution shall be effective immediately and is further
intended to ratify, confirm and approve any formal action taken by the Township
Committee.
Resolution No. 149-2009
Offered by: Palombo
Seconded by:
Conrad
Adopted:
June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
___x___
_________
_________
________
Conrad
___x___
_________
_________
________
Corson
___x___
_________
_________
________
Newman
___x___
_________
_________
_______
Palombo
___x___
_________
_________
________
6.
In support of Assembly Bill 3128 and Senate Bill
155 also known as the Jessica Lunsford Act.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO.
150-2009
RE: IN SUPPORT OF ASSEMBLY
BILL 3128 AND SENATE BILL 155 ALSO KNOWN AS THE JESSICA LUNSFORD ACT
___________________________________________________________________
WHEREAS,
there is now pending before the New Jersey Assembly and Senate bills known as
the Jessica Lunsford Act (A3128 and S155); and
WHEREAS,
the Jessica Lunsford Act revises the sentencing of certain sex offenders and
persons who harbor them, requires electronic monitoring for certain sex
offenders and creates child protection zones; and
WHEREAS,
the Township Committee of the Township of Upper wishes to express its strong
support of the Jessica Lunsford Act and its desire that same be enacted into
law; 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 of the Township of Upper hereby supports the
enactment of A3128 and S155, also known as the Jessica Lunsford Act.
3.
The Jessica Lunsford Act requires electronic monitoring for sex offenders who
prey on minors if the offender has been released on bail or from incarceration.
Additionally, this bill expands Megan’s Law to restrict sex offenders
from residing in areas frequented by children and imposes increased penalties on
persons who commit sex crimes against minors.
4.
The Township Committee and the Township of Upper strongly urges the New
Jersey Assembly and New Jersey Senate to pass A3128 and S155 to secure the
safety and welfare of our children.
5.
A copy of this Resolution shall be forwarded to Senator Jeff Van Drew,
Assemblyman Nelson T. Albano, Assemblyman Matthew Milam and Governor Jon S.
Corzine.
6.
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.
150-2009
Offered by: Camp
Seconded by:
Corson
Adopted: June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Camp
x
______
Conrad
x
______
Corson
x
______
Newman
x
______
Palombo
x
______
7.
In support of the construction of a
southbound exit at Exit 20 on the Garden State Parkway, Seaville, Upper
Township, Cape May County, New Jersey.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 151-2009
RE: IN SUPPORT OF THE CONSTRUCTION OF A SOUTHBOUND EXIT
AT EXIT 20 ON THE GARDEN STATE PARKWAY, SEAVILLE, UPPER
TOWNSHIP, CAPE MAY COUNTY, NEW JERSEY
WHEREAS, Exit 20 of the Garden State Parkway is located in Seaville, in the
Township of Upper, and is limited in that it provides an exit for northbound
traffic only and an entrance for southbound traffic only; and
WHEREAS, Exit 20 is located at or near the intersection of U.S. Route 9 and
Route 50; and
WHEREAS, the Township of Upper has for the past twenty (25) years, through
formal action of the Township Committee, repeatedly requested that the New
Jersey Highway Authority construct a full interchange at this location (Exit 20)
which would provide an entrance and exit for both northbound and southbound
traffic; and
WHEREAS, the Township of Upper has previously adopted resolutions in support of
a full interchange at Exit 20 as follows: Resolution No. 088-2004, adopted April
5, 2004; Resolution No. 106-7-2000, adopted July 24, 2000; Resolution 81-7-1996,
adopted July 8, 1996; Resolution No. 80-7-1996, adopted July 8, 1996; Resolution
No. 115-9-1997, adopted September 22, 1997; Resolution No. 115-12-1990, adopted
December 21, 1990; Resolution No. 31-3-1990, adopted March 12, 1990; Resolution
No. 20-2-1990, adopted February 13, 1990; Resolution No. 72-1987, adopted
September 8, 1987; Resolution No. 23-1986, adopted January 20, 1986; and
Resolution No. 083-2009, adopted March 24, 2009 copies of which are annexed to
this Resolution as Exhibits “A”
through “K”,
respectively; and
WHEREAS, the Township Committee wishes to make a request for, and complete
support of, the construction of a southbound exit at this location on the Garden
State Parkway; and
WHEREAS, the construction of a southbound exit at Exit 20 on the Garden State
Parkway is vitally necessary at this time and further delay will be contrary to
the public health and safety.
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
does hereby, formally
endorse and urge the construction of a southbound exit at
Exit 20 on the Garden State Parkway in Upper Township, Cape
May
County, New Jersey.
3. The Township Committee further urges that the construction of this
interchange be accomplished without further delay and further public
inconvenience in the furtherance of the interests of public safety.
4. Certified copies of this Resolution shall be forwarded to John T. Withers,
P.E., P.P. Supervising Engineer of Highways, New Jersey Turnpike Authority,
Garden State Parkway, P. O. Box 5050, Woodbridge, New Jersey 07095-5050 and also
to the following:
New Jersey Department of Transportation
5. Copies of this Resolution shall also be sent to Senator Jeff Van Drew,
Assemblyman Nelson Albano, Assemblyman Matt Milam, the Cape May County Board of
Chosen Freeholders, the Township of Dennis, the City of Sea Isle City and the
City of Ocean City.
Resolution No. 151-2009
Offered by: Corson
Seconded by: Palombo
Adopted: June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Camp
x
_____
Corson
x
______
Conrad
x
______
Newman
x
______
Palombo
x
______
8.
A Resolution
to authorize participation in the New Jersey State Health Benefits Program Act
of the State of New Jersey.
9.
A Resolution to adopt the provisions of N.J.S.A. 52:14.17.38 under which
a public employer may agree to pay for the State Health Benefits Program (SHBP)
coverage of certain retirees.
Township of Upper
Cape May County
Resolution 153-2009
10. A Resolution to authorize
participation in the New Jersey State Health Benefits Program Act of the State
of New Jersey for Local Prescription Drug Coverage.
10.
Amending and
supplementing Upper Township Personnel Policies and the Township Of Upper’s
“Employee Handbook” and
“Supervisor’s Personnel Policies and Procedures Manual”.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 155-2009
RE: AMENDING AND SUPPLEMENTING
UPPER TOWNSHIP PERSONNEL POLICIES AND THE TOWNSHIP OF UPPER’S
“EMPLOYEE HANDBOOK” AND
“SUPERVISOR’S PERSONNEL POLICIES AND PROCEDURES MANUAL”
_________________________________________________________________________________
WHEREAS, it is deemed necessary to amend and supplement certain policies and procedures and incorporate such amendments and supplements in the Township of Upper’s “Employee Handbook” and “Supervisor’s Personnel Policies and Procedures Manual”; and
WHEREAS, the Township Committee of the Township of Upper has reviewed and approved the policy regarding health insurance for full-time regular employees and wishes to adopt same.
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.
SECTION FOUR: Health Insurance
Policy:
(page 45) is hereby amended and supplemented as follows:
“Full-time and part-time, regular employees may enroll in either a
single, parent/child or family contract after completing three months of
employment. Information and
enrollment forms may be obtained from the personnel officer.”
Resolution No.
155-2009
Offered by:
Corson
Seconded by:
Conrad
Adopted:
June 22, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
__x_____
__________ __________
__________
Conrad
__x_____
__________ __________
__________
Corson
__x_____
__________ __________
__________
Newman
__x_____
__________ __________
__________
Palombo
__x_____
__________
____________
____________
13. Public Hearing and Final Adoption of Ordinance No. 014-2009, AN ORDINANCE VACATING A PORTION OF THAT PAPER STREET KNOWN AS ATLANTIC AVENUE WITHIN THE TOWNSHIP OF UPPER, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY. During the Public Comment section of the hearing there were no speakers. Motion to adopt Ordinance No.014-2009 by Curtis Corson, second by Jay Newman. 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. 014-2009
AN ORDINANCE VACATING A PORTION OF THAT PAPER STREET KNOWN AS ATLANTIC AVENUE,
WITHIN THE TOWNSHIP OF UPPER,
COUNTY OF CAPE MAY AND STATE OF NEW JERSEY
WHEREAS,
N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an
Ordinance, among other things, to vacate any street, highway, lane, alley,
square, place or park, or any part thereof, dedicated to public use but not
accepted by the municipality, whether or not the same, or any portion, has been
actually opened or improved; and
WHEREAS,
Warren Georgetti is the owner of Block 625, Lot 9 and has requested that the
Township vacate a portion of a certain street described in this Ordinance; and
WHEREAS,
the Township Committee has duly considered the matter and it appears reasonable
to agree to the request since there is no present or foreseeable need or
intention to utilize said roadway; and
WHEREAS,
it is deemed to be in the public interest to vacate a portion of Atlantic Avenue
within the Township of Upper, as hereinafter provided.
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:
The public right in, along, upon and over the following described land is hereby
vacated, surrendered and extinguished:
DESCRIPTION
FOR THE VACATION OF A PORTION
OF AN UNIMPROVED STREET, ATLANTIC AVENUE
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY
That portion of Atlantic Avenue extending in a Northwesterly direction from
Stagecoach Road (County Road 667) BEGINNING at a point at the intersection of
the Northwesterly line of Stagecoach Road and the Southwesterly line of Atlantic
Avenue, extending in a Northwestwardly direction along the Southwesterly line of
Atlantic Avenue and Block 625 to a point at the corner of Lots 4 and 9 in Block
625; then 40 feet in a Northeastwardly direction across Atlantic Avenue to a
point at the corner of Lots 4 and 5 in Block 622; then in a Southeastwardly
direction along the Northeasterly line of Atlantic Avenue and Block 622 to the
point of intersection of the Northwesterly line of Stagecoach Road and the
Northeasterly line of Atlantic Avenue; then extending in a Southwestwardly
direction across Atlantic Avenue along the Northwesterly line of Stagecoach Road
to the place of beginning; as shown on the current Official Tax Map of The
Township of Upper, Cape May County, New Jersey.
SECTION 2:
This Ordinance vacates no portion of Atlantic Avenue except that portion set
forth and described in SECTION 1 above.
SECTION 3:
EXCEPTION: This Ordinance expressly reserves and excepts
from vacation all rights and privileges now possessed by public utilities, as
defined in R.S. 48:2-13, and by any cable television company, as defined in the
"Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain,
repair and replace their existing facilities in, adjacent to, over or under the
street, highway, lane, alley, square, place or park, or any part thereof, to be
vacated, as hereinabove described.
SECTION 4:
REPEALER:
All Ordinances or parts of Ordinances inconsistent with this Ordinance are
hereby repealed to the extent of such inconsistency only.
SECTION 5:
EFFECTIVE DATE:
This Ordinance shall take effect immediately upon final adoption and publication
as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST
READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON
THE 26TH DAY OF MAY, 2009 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 22ND DAY OF JUNE, 2009 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
14. Public Hearing and Final Adoption of Ordinance No. 015-2009, RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER IX (RECREATION FACILITIES) OF THE CODE OF UPPER TOWNSHIP CONCERNING BOAT RAMP FEES. During the Public Comment section of the hearing there were no speakers. Motion to adopt Ordinance No. 015-2009 by Curtis Corson, second by Jay Newman. 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.
015-2009
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER IX (RECREATION
FACILITIES) OF THE CODE OF UPPER TOWNSHIP CONCERNING BOAT RAMP FEES
___________________________________________________________________
BE IT ORDAINED
by the Township Committee, in the Township of Upper, County of Cape May and
State of New Jersey, as follows:
SECTION 1.
Chapter IX of the Revised General Ordinances of the Township of Upper, also
known as the Code of Upper Township, shall be amended and supplemented as
hereinafter provided:
Section 9-4 is revised as follows:
9-4 BOAT
RAMP.
9-4.1-6 Unchanged.
9-4.7 Township Resident.
A resident of the Township of Upper, including any part time or seasonal
resident, shall be entitled to a
discount for noncommercial vessels equal to one-half of the seasonal rate under
the following conditions:
a.
The individual must reside within the municipal boundaries of the
Township of Upper at the time of application for the seasonal noncommercial
pass; and
b.
Such resident must complete an application on forms prescribed by the
Township of Upper which demonstrates such residency; and
c.
Verification of such residency shall be based on a copy of a current
lease (seasonal lease is acceptable), tax bill, voter registration, or a State
of New Jersey driver’s license, or proof of filing of a State of New Jersey
income tax return from a Township of Upper address.
d.
If a Township resident owns more than one (1) vessel such resident shall
be charged one-half of the resident rate for each additional noncommercial
vessel.
9-4.8 and 9 Unchanged.
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 DAY OF MAY, 2009 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 22ND
DAY OF JUNE, 2009 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
15. Introduction and First Reading of Ordinance No. 018-2009, Re: AN ORDINANCE AMENDING AND SUPPLEMENTING THE FEES TO BE CHARGED FOR ELECTRONIC FILES. Motion was made by Jay Newman, second by Frank Conrad to introduce Ordinance No. 018-2009, with public hearing and final adoption set for July 27, 2009. 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. 018-2009
RE: AN ORDINANCE AMENDING AND
SUPPLEMENTING THE FEES TO BE CHARGED FOR ELECTRONIC FILES
___________________________________________________________________________
BE IT ORDAINED by the Township Committee, in the Township of Upper, County of Cape May and State of New Jersey, as follows:
I. SECTION : Chapter 2 of the Revised General Ordinances of the Township of Upper shall be amended and supplemented as hereinafter provided:
2-6.5 OTHER DOCUMENTS OR RECORDS.
The following fee shall be payable by the requestor to the Township of Upper for any other record or document not set forth specifically in this section:
a. unchanged.
b. unchanged.
c. unchanged.
d. A charge in the amount of Twenty Five Dollars ($25.00) per request or an Eight Hundred Dollar ($800.00) annual fee paid in advance shall be imposed for any electronic file requested. The Township Committee authorizes the appropriate municipal officer to collect such fee and deposit it in the Township treasury. This fee does not apply to mortgage companies and mortgage servicing companies in connection with the direct billing and payment of real estate taxes. It is hereby determined that the amount of such charge is equal to the approximate amount of the Township’s administrative or other related costs.
e. unchanged.
I. SECTION : 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.
II. SECTION : 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.
III. SECTION : EFFECTIVE DATE: This Ordinance shall take effect upon final adoption and publication as required by law.
IV. SECTION : 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 22nd DAY OF JUNE, 2009 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 27th DAY OF JULY, 2009 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
UNFINISHED
BUSINESS
PAYMENT OF
BILLS:
“I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.” motion by Jay
Newman, second by Frank Conrad with all five Committee members present voting
in the affirmative.
Bills approved for payment: $
382,935.29
Payroll:
$ 179,967.04
PUBLIC COMMENT
Laura Olson,
Marmora, reported that there was
extra funding put aside for future turtle fencing, and does the Committee have a
new project selected? Mayor Palombo
responded that Rt. 631 project had been selected and they are anticipating doing
it this summer. Deputy Mayor Corson
responded that the Township can store materials if needed.
CLOSED SESSION
Motion was made by Jay Newman,
second by Frank Conrad to close the regular portion of the meeting and go into
an executive session to discuss items previously identified as follows:
Wanda Gaglione had one Personnel item for discussion; Daniel Young had 2
matters of Litigation for closed session discussion--they being the status on
the current Tax Appeals, and the status on the Grubb matter; and Frank Conrad
had a Potential Litigation/Contract matter with regards to the Animal Control
Contract to discuss.
ADJOURNMENT
There was no further business for this evening and the meeting was adjourned at 8:50 P.M., motion by Jay Newman, second by Barbara Camp Conrad with all five Committee members present voting in the affirmative. Next meeting scheduled for July 13, 2009 at 7:30 P.M.
Minutes prepared by
Municipal Clerk
Bill List
49105 06/22/09 A0006 ADVANCE TREADS INC
175.00 2535
49106 06/22/09 A0015 ADVANCE LEARNING
99.00 2535
49107 06/22/09 A0017 A.C.M. JIF C/O T.
FREEDMAN 79,712.00 2535
49108 06/22/09 A0025 ADVANTAGE RENTAL
ACE HARDWARE 303.91 2535
49109 06/22/09 A0028 ADVANTAGE RENTAL
CENTER INC. 349.00 2535
49110 06/22/09 A0030 AFTER-PROM
COMMITTEE OCHS 5,000.00 2535
49111 06/22/09 A0070 ALBERTSONS/ACME
4.95 2535
49112 06/22/09 A0082 ARMSTRONG, JOSHUA
95.73 2535
49113 06/22/09 A0091 ATLANTIC CITY
ELECTRIC 16,452.41 2535
49114 06/22/09 A0100 ATLANTIC CITY
ELECTRIC 3,178.40 2535
49115 06/22/09 A0117 AT&T 22.07 2535
49116 06/22/09 A0122 ANSELL,ZARO,GRIMM &
AARON 2,220.00 2535
49117 06/22/09 B0013 BRADCO SUPPLY CORP.
35.00 2535
49118 06/22/09 B0026 BETTER MATERIALS
CORP. 591.63 2535
49119 06/22/09 B0035 BELMONT & CRYSTAL
SPRINGS 142.85 2535
49120 06/22/09 B0052 BENNETT
BATTERIES,LLC. 217.80 2535
49121 06/22/09 B0070 HORIZON BLUE
CROSS/BLUE SHIELD 118,608.25 2535
49122 06/22/09 B0160 BONNER, ROSEMARY
19.00 2535
49123 06/22/09 B0182 BRIGGS LAW OFFICE,
P.C. 1,281.41 2535
49124 06/22/09 C0003 CCC HEAVY DUTY
TRUCK PARTS CO. 458.51 2535
49125 06/22/09 C0011 CAPE OFFICE
MACHINES & SERVICE 765.00 2535
49126 06/22/09 C0048 CAPE MAY COUNTY MUA
30,591.44 2535
49127 06/22/09 C0060 CAPRIONI'S PORTABLE
TOILETS 2,187.00 2535
49128 06/22/09 C0068 COMCAST 219.96 2535
49129 06/22/09 C0071 CAPEHART &
SCATCHARD, P.A. 2,155.08 2535
49130 06/22/09 C0143 CODY'S POWER
EQUIPMENT 63.53 2535
49131 06/22/09 C0146 COLLINS IRON WORKS,
INC. 54.00 2535
49132 06/22/09 C0171 COLONIAL ELECTRIC
SUPPLY CO. 179.50 2535
49133 06/22/09 C0187 CROWTHER, BILL
1,140.00 2535
49134 06/22/09 C0223 CASA PAYROLL
SERVICE 284.45 2535
49135 06/22/09 D0077 DIETRICH,PAUL 20.00
2535
49136 06/22/09 D0082 DOWNSTOWN AIRPORT
INC 50,522.64 2535
49137 06/22/09 D0130 DuBELL LUMBER CO.
1,785.69 2535
49138 06/22/09 E0047 EFFINGER SPORTING
GOODS CO 157.50 2535
49139 06/22/09 G0006 GARBUTT,PATRICIA A.
34.15 2535
49140 06/22/09 G0028 GENTILINI FORD
88.35 2535
49141 06/22/09 G0044 GILES & RANSOME,
INC. 232.44 2535
49142 06/22/09 H0002 H.A. DEHART & SON
CORP. 1,151.02 2535
49143 06/22/09 H0018 HAROLD RUBIN/L & H
SUPPLY 221.32 2535
49144 06/22/09 I0015 ILLUSION MAKER, THE
1,000.00 2535
49145 06/22/09 J0002 J.P. COLLINS CO.
95.39 2535
49146 06/22/09 J0005 JACKSON,THOMAS
ENTERPRISES,INC 867.12 2535
49147 06/22/09 J0041 JONES, JAMES M.
49.99 2535
49148 06/22/09 J0063 JOHNSON WILSHIRE,
INC 20.01 2535
49149 06/22/09 L0080 LOWES, INC. 371.00
2535
49150 06/22/09 M0016 McAFEE, MEGAN 35.23
2535
49151 06/22/09 M0021 MASER CONSULTING,
P.A. 7,782.50 2535
49152 06/22/09 M0046 MASON, DAVID 76.00
2535
49153 06/22/09 M0055 MAY, JUDITH 28.00
2535
49154 06/22/09 M0059 MCDANIELS, WILLIAM J. III 36.60 2535
49155 06/22/09 M0076 MGL PRINTING SOLUTIONS 532.00 2535
49156 06/22/09 M0188 MCCARTHY TIRE SERVICE OF PHILA 44.58 2535
49157 06/22/09 N0026 N.J. RECREATION & PARK ASSOC. 400.00 2535
49158 06/22/09 N0120 NORTHERN SAFETY CO.INC. 1,056.16 2535
49159 06/22/09 O0006 OCS PRINTING 551.00 2535
49160 06/22/09 O0012 OCEAN CITY BD. OF EDUCATION 540.00 2535
49161 06/22/09 O0025 OLD DOMINION BRUSH 614.88 2535
49162 06/22/09 P0008 PALMER, NANCY 132.70 2535
49163 06/22/09 P0032 PEDRONI FUEL CO. 2,395.09 2535
49164 06/22/09 P0050 PARSIO, ANTHONY 166.98 2535
49165 06/22/09 P0056 TURF EQUIPMENT AND SUPPLY CO 164.61 2535
49166 06/22/09 P0064 PITNEY BOWES 210.00 2535
49167 06/22/09 P0073 POGUE INC. 2,032.00 2535
49168 06/22/09 P0075 POSITIVE PROMOTIONS INC 141.90 2535
49169 06/22/09 P0076 POSTMASTER-TUCKAHOE 184.00 2535
49170 06/22/09 P0084 PROGRESSIVE BUSINESS PUBLICATI 253.00 2535
49171 06/22/09 P0096 PREVITI,MICHELE M. 2,246.66 2535
49172 06/22/09 Q0008 QUILL CORPORATION 1,526.47 2535
49173 06/22/09 R0030 RIGGINS, INC. 5,630.31 2535
49174 06/22/09 R0044 RODIO TRACTOR SALES INC 733.02 2535
49175 06/22/09 R0055 ROSIAK, CAROL 34.05 2535
49176 06/22/09 R0071 REMINGTON VERNICK & WALBERG 1,769.25 2535
49177 06/22/09 S0022 SINCLAIR MATERIAL HANDLING INC 7,360.50 2535
49178 06/22/09 S0026 GENRON/SAWYER FIRE 125.50 2535
49179 06/22/09 S0031 SCHULER SECURITY, INC. 360.00 2535
49180 06/22/09 S0056 SEASHORE ASPHALT CORPORATION 165.75 2535
49181 06/22/09 S0066 SEETON TURF WAREHOUSE LLC 153.48 2535
49182 06/22/09 S0106 SIMPLEX/GRINNELL 72.08 2535
49183 06/22/09 S0113 SMITH,THOMAS G. 1,997.00 2535
49184 06/22/09 S0121 SMUZ, THERESE A 28.05 2535
49185 06/22/09 S0126 SPIEGEL, BARBARA 125.05 2535
49186 06/22/09 S0134 SO. JERSEY GAS COMPANY 172.80 2535
49187 06/22/09 S0139 SO. JERSEY WATER COND. INC. 556.15 2535
49188 06/22/09 S240 SJTP 2,500.00 2535
49189 06/22/09 T0020 TERWILLIGER, DUANE E. 60.00 2535
49190 06/22/09 T0032 THE PRESS & SUNDAY PRESS 256.00 2535
49191 06/22/09 T0038 THOMAS, CHRISTOPHER 16.10 2535
49192 06/22/09 T0040 THE TITLE COMPANY OF N.J. 500.00 2535
49193 06/22/09 T0052 TOWNSHIP OF DENNIS 1,000.00 2535
49194 06/22/09 T0062 TOWNSHIP OF MIDDLE 461.44 2535
49195 06/22/09 T0067 TOWNSHIP OF UPPER PETTY CASH 7.50 2535
49196 06/22/09 T0095 TRI-COUNTY ANIMAL CONTROL 1,500.00 2535
49197 06/22/09 T0129 TRUGREEN CHEMLAWN 4,640.00 2535
49198 06/22/09 T0131 TROUT, ROSEMARY 23.67 2535
49199 06/22/09 T0155 TUCKAHOE BIKE SHOP INC. 400.00 2535
49200 06/22/09 U0025 UNITED STATES POSTAL SERVICE 1,500.00 2535
49201 06/22/09 U0029 UPPER TOWNSHIP BD.OF EDUCATION 165.00 2535
49202 06/22/09 U0030 UPPER TOWNSHIP LACROSSE 1,000.00 2535
49203 06/22/09 U0051 U. S. LUBES LLC 619.05 2535
49204 06/22/09 V0001 VCI EMERGENCY VEHICLE 777.60 2535
49205 06/22/09 V0005 VAN EMBDEN, NATHAN, ATTORNEY 262.50 2535
49206 06/22/09 V0022 VERIZON 1,820.86 2535
49207 06/22/09 V0025 V.E. RALPH & SON,INC. 382.22 2535
49208 06/22/09 V0026 VITAL COMPUTER RESOURCES, INC. 100.00 2535
49209 06/22/09 W0001 WILFRED McDONALD INC. 319.50 2535
49210 06/22/09 W0069 WAHOO INTERNATIONAL, INC. 139.00 2535
49211 06/22/09 Y0007 YEP COMPANY 800.00 2535
49212 06/22/09 Y0012 YOUNG,ROBERT 28.00 2535
====== ====== ============== ================
Total paid: $382,935.29