TOWNSHIP OF UPPER

2100 TUCKAHOE ROAD

PETERSBURG, NJ  08270

CAPE MAY COUNTY

MINUTES FOR  AUGUST 24, 2009

 

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, Acting Finance Officer Barbara Spiegel, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

 

APPROVAL OF MINUTES  - The approval of the August 10, 2009 Regular Meeting Minutes was tabled until the next meeting, motion by Jay Newman, second by Barbara Camp.  The Closed Session Minutes were approved as written motion by Curtis Corson, second by Frank Conrad with four Committee members voting in the affirmative, and Mayor Palombo abstaining. 

 

REPORT OF GOVERNING BODY MEMBERS

 

Frank Conrad, Committeeman reported that they are waiting for a few last minute items to be completed at the dog park and that they should be opening within the next several weeks. Committeeman Corson suggested having a grand opening ceremony.

 

Barbara Camp, commented briefly on the presentation coming later in the meeting with regards to automated trash pickup.  Her research found that other towns using it were pleased with the results both with the service and cost savings. 

 

Curtis Corson, Deputy Mayor, reported on a request for permission from a semi-pro football team to practice and play on our fields. Frank Conrad said he is presenting it to the Recreation Committee to make sure that it does not interfere with other sports.  There were also concerns on the wear and tear it could cause on the playing fields.

 

Richard Palombo, Mayor, commended the beach patrol on their handling of the beaches with the heavy undertow and big waves resulting from the storm. 

 

OTHER REPORTS

 

Daniel J. Young, Municipal Attorney, reported that he had the following items for discussion in closed session:  1.  Contract Negotiations--Friendship School Lease; 2.  Contract Negotiations--NIA Group and Associates; 3.  Litigation--tax appeal regarding Elizabeth Buckland, 4.  Possible Litigation/Contract Negotiations--Jankowski, and 5.  Possible Litigation--Richnan Group. The following statements were made (and will become a part of the closed session resolution) with regards to when the Township Committee expected these items could be made public--“it is anticipated that the matters discussed in closed session may be disclosed to the public upon the determination of the Township Committee that the public interest will no longer be served by such confidentiality.  With respect to contract negotiations such matters will be made public when negotiations have ceased and there is no longer a reason for confidentiality.  With respect to litigation matters, such discussions will be made public when litigation is complete and the applicable appeal period has expired.”

 

Paul Dietrich, Municipal Engineer, noted that in the meeting packets he provided quotes for a heavy-duty shredder under state contract pricing, the final price being $9,525, which also includes some extra supplies. He requested authorization by resolution to approve the funds to come out of the recycling grant.  Motion was made by Jay Newman, seconded by Barbara Camp, to authorize the purchase of the shredder from the recycling grant.  During roll call vote all five Committee Members voted in the affirmative.

He also reported on the demolition of the Bonner structure at Block 306, Lot 27 in Tuckahoe. He has received authorization from the Pinelands Commission to proceed. Mr. Dietrich reported that the demolition will happen in 2 phases; first, is the asbestos removal at a cost of  $4,450.00; then the demolition of the building at a cost of $7,723.  Authorization by resolution is necessary to fund the project because it was not budgeted for this year. The funds will be made available as an emergency appropriation from the Buildings and Grounds account and will be recovered from the property owner through a lien. Mr. Corson made a motion that the structure 2236 Rte 50 is a hazard and moved to declare that an emergency appropriation be authorized for its demolition. Jay Newman seconded the motion with all five Committee Members voting in the affirmative.

Mr. Dietrich then reported on Strathmere Beach Fill Project.  There was no significant erosion in Strathmere from Hurricane Bill although there was some minor erosion. He spoke to Ben Keiser about extending the fill on the western side. The papers were submitted to the Army Corp of Engineers and they are waiting for a reply.

The Public Works Department installed beach fence at Taylor Avenue extending toward the north end. He met with representatives from the Strathmere Environmental and Fishing Club and they are looking forward to assisting in the planting of shrubs, bayberries, and dune grass in the spring.  195,000 sq. ft. of dune grass planting is planned. The Township is planning to install a gate on the north end to prevent motorist from driving on the right away. The plan is to make a ramp or right away large enough for rescue vehicles to have access if needed. The Fish and Wildlife Department, as well as the Rescue and Fire Departments will have access keys to the gate to patrol the area or make a rescue.

 

RESOLUTIONS

 

1.  In observance of September 11th as “Always Remember Day”, to honor the innocent victims of September 11, 2001 and those who continue to fight for the freedom of this great nation.

     TOWNSHIP OF UPPER

                                                     CAPE MAY COUNTY

                                                       R E S O L U T I O N

                                              RESOLUTION NO.   183 -2009

RE: IN OBSERVANCE OF SEPTEMBER 11 AS “ALWAYS REMEMBER DAY”, TO HONOR THE INNOCENT VICTIMS OF SEPTEMBER 11, 2001

AND THOSE WHO CONTINUE TO FIGHT

FOR THE FREEDOM OF THIS GREAT NATION

___________________________________________________________

 

WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two into the World Trade Center in New York City, a third into the Pentagon outside of Washington, D.C., and a fourth into the countryside of Pennsylvania; and

 

        WHEREAS, thousands of innocent people were killed and injured as a result of these reprehensible attacks;

 

 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 we do hereby observe September 11 as “Always Remember Day” to honor the innocent victims of September 11, 2001 and those who continue to fight for the freedom of this great Nation; and

        

        BE IT FURTHER RESOLVED, that all persons within this municipality are urged to honor these victims and members of our Armed Forces by appropriate displays of our flag and of red, white and blue ribbons.

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 24th day of August 2009.                         

Resolution No.   183 -2009

Offered by:  Newman                                     Seconded by: Conrad

Adopted: August 24, 2009

Roll Call Vote:

NAME                            YES               NO             ABSTAINED    ABSENT

Camp               ___x______    __________   __________   ______­____

Conrad            ___x______    __________   __________   __________

Corson             ___x______    __________  __________    __________

Newman          ___x______    __________  __________    __________

Palombo          ___x______    __________   __________   __________

 

      

2. Appointing the 2009 Season Beach Patrol Personnel.

                                                                TOWNSHIP OF UPPER

                             CAPE MAY COUNTY

                           R E S O L U T I O N

                         RESOLUTION NO. 184-2009

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 at a salary as stated below in accordance with the Salary Ordinance:

 

RETURNING GUARDS

 

JON O’NEIL              $11.50 per hour

AMY TOWNSEND            $11.50 per hour

JOHN MRUZ               $11.50 per hour

 

ROOKIE GUARD

 

ABBY FRIETAG            $10.00 per hour

                   

 

      3. 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.   184-2009

Offered by:Palombo                  Seconded by: Corson 

Adopted: August 24, 2009     

Roll Call Vote:

NAME            YES         NO             ABSTAINED   ABSENT

Camp           __x_____ ­­_________­­­­       _________     ________

Conrad         __x_____ _________       ­­­­­­­­_________     ________

Corson         __x_____ _________       _________     ________

Newman         __x_____ _________       _________     ________

Palombo        __x_____ _________       _________     ________

 

 

3. Authorizing the Mayor and Township Clerk to sign a contract for Animal Control Services in Upper Township.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.   185-2009

RE: AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO SIGN A CONTRACT FOR ANIMAL CONTROL SERVICES IN UPPER TOWNSHIP

___________________________________________________________________

 

WHEREAS, Shore Veterinarians Animal Control Services, L.L.C. has submitted a proposal to the Township for animal control services; and

WHEREAS, the Township wishes to accept said proposal and to authorize the execution of a contract with Shore Veterinarians Animal Control Services, L.L.C.; and

WHEREAS, the proposed contract has been reviewed and approved by the Municipal Attorney and will be on record in the office of the Township Clerk and available for public inspection; and

WHEREAS,  Shore Veterinarians Animal Control Services, L.L.C. has completed  and  submitted  a  Business  Entity  Disclosure  Certification  which  certifies    that   Shore Veterinarians Animal Control Services, L.L.C. has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit Shore Veterinarians Animal Control Services, L.L.C. from making any reportable contributions through the term of the contract; 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 Mayor and Township Clerk are hereby authorized, directed and empowered to execute a contract with Shore Veterinarians Animal Control Services, L.L.C. to provide animal control services within the Township of Upper commencing September 14, 2009.

3.  Shore Veterinarians Animal Control Services, L.L.C. 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.

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. 185-2009

Offered by:                            Conrad             Seconded by:  Palombo

Adopted: August 24, 2009

Roll Call Vote:

NAME                        YES    NO      ABSTAINED ABSENT

Camp                 x                                                 

Conrad               x                                                 

Corson               x                                                 

Newman            x                                                 

Palombo            x                                                 

 

 

4. Authorizing the extension of a Shared Services agreement with the municipalities of Avalon, Sea Isle City and Dennis Township for Mass Care Shelter Facilities for an additional term of one (1) year commencing September 1, 2009 to August 31, 2010.

 

                                                         TOWNSHIP OF UPPER

                                                          CAPE MAY COUNTY

                                                            R E S O L U T I O N

                                                   RESOLUTION NO.    186 -2009

                 RE: AUTHORIZING THE EXTENSION OF A SHARED SERVICES

        AGREEMENT WITH THE MUNICIPALITIES OF AVALON, SEA ISLE CITY

              AND DENNIS TOWNSHIP FOR MASS CARE SHELTER FACILITIES

                 FOR AN ADDITIONAL TERM OF ONE (1) YEAR COMMENCING

                                       SEPTEMBER 1, 2009 TO AUGUST 31, 2010

____________________________________________________________________________

                        WHEREAS, pursuant to Ordinance No. 8-1992 the Township of Upper was authorized to enter into an Interlocal Services Agreement with the municipali­ties of Avalon, Sea Isle City and Dennis Township for a mass care shelter facility; and

                        WHEREAS, the parties desire to extend the term of such Agreement for an additional term of one (1) year; and

                        WHEREAS, the matter has been duly considered by the Township Committee, which has concluded that such extension is in the public interest and will promote the public health, safety and welfare.

                        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 Interlocal Services Agreement, dated August 28, 1992, entered into by the municipalities of Avalon, Sea Isle City, Dennis Township and Upper Township for a mass care shelter facility is hereby extended for an additional term of one (1) year, commencing September 1, 2009 through and inclusive of August 31, 2010, upon the same terms and conditions, except that it shall now be referred to as The Shared Services Agreement.

                        3.         Paragraph 6 of the Agreement of August 28, 1992 is hereby deemed amended so that the Contract term will expire on August 31, 2010.

                        4.         This Resolution extending the term of the aforesaid Contract is conditioned upon similar action being taken by the Governing Bodies of the Borough of Avalon, the City of Sea Isle City and the Township of Dennis.

                        5.         All officers and officials of the Township of Upper are authorized, directed and empowered to take such action as may reasonably be required or necessary to carry out the intent and purpose of this Resolution.

                        6.         A certified copy of this Resolution shall be sent to each of the municipalities who are parties to such Interlocal Services Agreement.

 

Resolution No.  186 -2009

Offered by:  Camp                                      Seconded by: Corson

Adopted:  August 24, 2009

Roll Call Vote:

NAME                            YES           NO              ABSTAINED    ABSENT

Camp             ____x______    __________   __________    ______­____

Conrad           ____x______    __________   __________    __________

Corson           ____x______    __________   __________    __________

Newman        ____x______    __________   __________    __________

Palombo        ____x______    __________   __________  __________

 

 

5.      Authorizing the Township Engineer to re-advertise for bids for a Street Sweeper.

TOWNSHIP OF UPPER

          CAPE MAY COUNTY

                     R E S O L U T I O N

                   RESOLUTION NO. 187-2009

RE: AUTHORIZING THE TOWNSHIP ENGINEER TO RE-ADVERTISE

FOR BIDS FOR A STREET SWEEPER

___________________________________________________________________

 

 

WHEREAS, the Township of Upper solicited bids for A Street Sweeper; and

WHEREAS, due to advertisement and notification discrepancies no bids were accepted; and

WHEREAS, the Township Committee has determined to authorize a new advertisement for bids; 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 Engineer and other duly authorized Township officers are hereby authorized to re-advertise for bids.

Resolution No. 187-2009

Offered by:  Camp                Seconded by:  Conrad

Adopted: August 24, 2009

Roll Call Vote:

NAME                              YES           NO        ABSTAINED   ABSENT

Camp                          ___x______    __________   _________   ______­_

Conrad                       ___x______    __________   _________   _______

Corson                        ___x______    __________   _________   _______

Newman                     ___x______    __________   _________   _______

Palombo                     ___x______    __________   _________   _______

 

ORDINANCES

 

6. Introduction and First Reading of Ordinance No. 020-2009, RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VII OF THE CODE OF UPPER TOWNSHIP.

A motion was made by Jay Newman, second by Frank Conrad to introduce Ordinance No. 020-2009 with Public Hearing and Final Adoption scheduled for September 28, 2009. During the 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.  020-2009

RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VII OF THE CODE OF UPPER TOWNSHIP

___________________________________________________________

 

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 7, Schedule I (entitled “No Parking”) of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be supplemented as hereinafter provided:

SCHEDULE I – NO PARKING

Amend to include the following:

Street                                                                   Location

Laurel Ridge Road     Both sides of Laurel Ridge Road a distance of two hundred (200’)

                                    feet from the curbline of Peach Orchard Road.

 

Farm Road                  Both sides of Farm Road a distance of two hundred Seventy-Five

                                    (100’) feet from the curbline of State Highway Rt-50.

 

 SECTION 2. Chapter 7, Schedule XVIII (entitled “Parking Area For Handicapped Persons”) of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be supplemented as hereinafter provided:

SCHEDULE XVIII –  PARKING AREA FOR HANDICAPPED PERSONS

Amend to include the following:

Street                                                                   Location

Prescott Avenue          Southerly side of Prescott Avenue a distance of forty-four (44’)

                                    feet from the Easterly curbline of Commonwealth Avenue.

 

 

SECTION 3: 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 4: 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 5: EFFECTIVE DATE: This Ordinance shall take effect upon final adoption and publication as required by law.

SECTION 6: 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  24^th OF  AUGUST, 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 28^TH DAY OF SEPTEMBER, 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

 

 

7. Introduction and First Reading of Ordinance No. 021-2009, RE:  AN ORDINANCE REVISING JOB CLASSIFICATIONS AND TITLES AND AMENDING CHAPTER V, ENTITLED “PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP AND AMENDING ORDINANCE 017-2008 KNOWN AS THE SALARY ORDINANCE FOR THE CALENDAR YEAR 2009.

A motion was made by Curtis Corson, second by Frank Conrad to introduce Ordinance 021-2009 with Public Hearing and Final Adoption scheduled for September 28, 2009. During the 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. 021-2009

                        RE:  AN ORDINANCE REVISING JOB CLASSIFICATIONS

                         AND TITLES AND AMENDING CHAPTER V, ENTITLED

“PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP

AND

 AMENDING ORDINANCE 017-2008 KNOWN AS THE SALARY ORDINANCE FOR THE CALENDAR YEAR 2009

_________________________________________________________________

 

WHEREAS, it has been determined to be necessary to amend certain job classifications or job titles to conform to job descriptions promulgated by the New Jersey Department of Personnel;

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

SECTION 1:  Chapter V, entitled “Personnel”, of

 

the Code of Upper Township, Section 5-6.2, is hereby amended and supple­mented as hereinafter

 

provided:

 

 

Add The Following Title:

Carpenter’s Helper

 

            SECTION 2:  Ordinance No. 017-2008, known as the Salary

 

Ordinance for the calendar year of 2009, Section 2 SALARIES,

 

paragraph E. PUBLIC WORKS/RECREATION is hereby amended and

 

supplemented as hereinafter provided:

 

Add the Following Title and Salary Ranges: 

 

Title                                 Minimum          Maximum-2009

 

Carpenter’s Helper                   $12,500.00     $46,339.00

                                                                                                                       

SECTION 3:  REPEALER:  All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.