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
Absent
Frank E. Conrad
Present
Curtis Corson
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also
present were Municipal Clerk Wanda Gaglione, Municipal Attorney Daniel Young,
Township Engineer Paul Dietrich, and Acting Finance Officer Barbara Spiegel.
APPROVAL OF
MINUTES -
June 22, 2009 Regular Meeting and
Motion was made by
Jay Newman, second by Frank Conrad to approve the Minutes as written.
All four Committee members present voted in the affirmative.
REPORT OF
GOVERNING BODY MEMBERS
Frank Conrad,
received a complaint regarding the
intersection at Stagecoach and
Hope Corson Roads.
He made a motion to send a resolution to the County requesting a blinking
light or four way stop sign. Jay
Newman seconded the motion with all four Committee members present voting in the
affirmative. Jay Newman will
contact the NJ State Police for accident statistics of that intersection.
A resolution will be placed on a future agenda.
Mr. Conrad
reported on the issues raised on the fairness of the Bylaws of the Township
sports associations, specifically the Soccer Program with regards to the
destinations of team tournaments. There is a division within the group of those
who want to go to European tournaments and those who want to compete on a
national level. It was discussed
that presently the Football, La Crosse, and Baseball Associations have updated
their Bylaws. There was also
discussion that the associations must apply for IRS nonprofit charitable status
and that requires reports being filed annually.
Each sports association collects their own fees from each participant as
well as conduct fundraising events, which can total thousands of dollars.
The Township Committee is not looking to direct clubs on how to operate
but they are looking for fairness and ability of members to vote and/or have
choices.
Curtis Corson,
Deputy Mayor, reported that he and
Paul Dietrich met with Joseph
Kelly and
officials from the NJDEP and the Dredge Company and reported that the dredging
is being postponed until Thursday or Friday but that they would continue the
staging of the piping.
Jay Newman,
reported on the success of the 4th
of July celebration and that this was a new company this year and all seemed to
go well including traffic departure at end of show.
He said the only comments he received from the public is if music could
be played during the event next year.
He reported that
rescue calls have been busy so far this summer.
Richard Palombo,
Mayor, requested that notice of the
ongoing beach replenishment project be posted on UTTV.
He also
reported that he
received a letter from Randy Roasch
of the Strathmere Fishing and Environmental Club offering to donate funds and
volunteers for the planting of indigenous plants and dune grass, and installing
fencing of the dunes. The Township
has already committed to doing this work after the beach fill is complete and he
wants to encourage this type of commitment and thanked the Club.
There was discussion about when this work could take place. Mayor Palombo
requested that Mr. Dietrich reach out to Mr. Roasch to coordinate work efforts.
The Mayor also
reported that there will be weekly meetings every Tuesday at 10:30 AM, in
Strathmere Fire Hall for progress reports on the beach replenishment project.
Wanda Gaglione, Municipal Clerk, reported that the new digital recording device was in
place and in use for this evening.
Daniel Young,
Municipal Attorney, reported that
the Citizens of Strathmere and Whale Beach filed an action in lieu of
prerogative writ challenging the decision on the Strathmere deannexation denial
and asking the Court to approve the deannexation.
The matter will need to be discussed in closed session this evening.
He reported that he has a total of five items for discussion in closed
session as follows—Litigation matter, with regards to the challenge on the
decision of the deannexation petition of Strathmere as stated above; second item
under Litigation, to report and review the Grubb vs. Upper Township matter; the
third matter also under Litigation, to report and review status of beach lot
condemnations; the fourth matter is two Personnel hearings; and the fifth
matter, under Contract/Potential Litigation, is an issue regarding Animal
Control Contract. Mr. Young
interjected that the litigation matters involving Grubb, the Beach Condemnation
matters and the deannexation matter will be made public when litigation is
complete and the appeal period has expired.
The Personnel matters will be made public if and when formal action is
taken or when individuals involved consent that it can be made public.
Contract negotiations will
be made public when negotiations have ceased.
Paul Dietrich,
Municipal Engineer, reported that
the Township was contacted by Cape May County Youth Program to participate in a
youth work program. This is funded
through the county and state for summer youth employment.
He asked if the Committee is interested in pursuing this.
There was some discussion that perhaps part time help could be used in
the Road Department. Mr. Dietrich will get more information from the county
regarding this matter.
He reported that
he would attend the weekly meetings on the beach fill project.
He requested
authorization to advertise for bids for the 2009 paving project and the purchase
of a street sweeper. An authorizing resolution would be placed on a future
agenda.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 158 -2009
UPPER TOWNSHIP
DEPARTMENT OF PUBLIC WORKS
WHEREAS, a need exists to appoint qualified personnel to the Upper Township Department of Public Works to insure optimal operation; and
WHEREAS, Leroy has been working satisfactorily in this capacity
for some time.
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. Leroy Shone is hereby appointed to the title of Supervisor of Roads in the Department of Public Works, effective June 1, 2009 at no change to his salary.
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. 158 -2009
Offered by: Conrad Seconded by: Newman
Adopted: July 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ________ __________ __________ ___x______
Conrad ___x_____ __________ __________ _________
Corson ___x_____ __________ __________ _________
Newman ___x_____ __________ __________ _________
Palombo ___x_____ __________ __________ _________
2.
Appointment of Leroy Shone to Recycling Coordinator to the Upper Township
Department of Public Works.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.159-2009
RE: APPOINTMENT OF LEROY
SHONE
TO RECYCLING COORDINATOR
TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, a
need exists to appoint qualified personnel to the Upper Township Department of
Public Works to insure optimal operation; and
WHEREAS, Leroy
has been working satisfactorily in this capacity for some time.
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. Leroy Shone is hereby appointed to the title of Recycling
Coordinator in the Department of Public Works, effective June 1,2009, at no
change to Salary.
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.159-2009
Offered by: Conrad
Seconded by:Newman
Adopted: July 13, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
________
__________ __________
___x_____
Conrad
___x_____
__________ __________
________
Corson
___x_____
__________ __________
________
Newman
___x_____
__________ __________
________
Palombo ___x_____ __________ __________ ________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.160-2009
RE: APPOINTMENT OF
CHRISTOPHER THOMAS
TO ASSISTANT SUPERVISOR OF
ROADS
TO THE UPPER TOWNSHIP
DEPARTMENT OF PUBLIC WORKS
WHEREAS, a
need exists to appoint qualified personnel to the Upper Township Department of
Public Works to insure optimal operation; and
WHEREAS, Christopher
has been satisfactorily working in this capacity for some time.
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. Christopher Thomas is hereby appointed to the title of
Assistant Supervisor of Roads in the Department of Public Works, effective June
1, 2009, at no change to salary.
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.160-2009
Offered by: Conrad
Seconded by: Newman
Adopted: July 13, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
_________
__________ __________
___x____
Conrad
___x_____
__________ __________
________
Corson
___x_____
__________ __________
________
Newman
___x_____
__________ __________
________
Palombo ___x_____ __________ __________ ________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 161-2009
RE: AMENDING RESOLUTION NO. 153-2009
THAT ADOPTS 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
___________________________________________________________________________________
WHEREAS, Resolution
No. 153-2009 adopts 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; and
WHEREAS, the
purpose of this Resolution is to amend Resolution No. 153-2009
Addendum-Chapter 48,
P.L. 1999 attached hereto as Exhibit “A”
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 reference.
Resolution No. 153-2009 and Resolution Addendum attached hereto, insofar as it pertains to the adoption of 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, is hereby amended to include the following changes:
a) Clerical and Rescue Squad added to Class of Employees
b) Column 2a) number years service w/employer
c) Medicare Reimbursement Column
2. Except as herein modified, all other provisions of Resolution No. 153-2009 shall remain in full force and effect.
Resolution No.
161-2009
Offered by: Newman
Seconded by: Conrad
Adopted:
July 13, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
_________ __________
__________
____x______
Conrad
___x______ __________
__________ __________
Corson
___x______ __________
__________ _________
Newman
___x______ __________
__________ __________
Palombo
___x______
__________ __________
__________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 162-2009
RE: AUTHORIZING A REFUND OF LAND USE
BOOK FEES IN THE AMOUNT OF $111.99 TO FORD, FLOWER & HASBROUCK
_____________________________________________________________________________
WHEREAS, Ford, Flower & Hasbrouck requested and purchased four
Land
Use Book supplements for a total of
$111.99 for the year 2009 on June 12, 2009; and
WHEREAS, Ford, Flower & Hasbrouck had already obtained these
supplements and returned same to Township Clerks Office on June 25, 2009; and
WHEREAS, the Upper Township Municipal Clerk has recommended that a
refund in the amount of $111.99 be authorized for Ford, Flower & Hasbrouck.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of
the Township of Upper, Cape May County, that a refund is hereby authorized and
the Chief Financial Officer is hereby directed to refund monies as
indicated below:
$111.99
Ford, Flower & Hasbrouck
Centre Court, Suite N-101
728 West Avenue
Ocean City, NJ 08226
Resolution No. 162 -2009
Offered by: Conrad Seconded by: Palombo
Adopted: July 13, 2009
Roll Call Vote:
NAME
YES NO
ABSTAINED ABSENT
Camp
__x_
Conrad
x _
____
Corson
x_
____
Newman
x
____
Palombo
x _
____
6.
Authorizing the Mayor and Township Clerk to sign
a Service Agreement for Online Payment Services for Tax Collector Accounts.
TOWNSHIP
OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 163-2009
RE: AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO SIGN A SERVICE AGREEMENT FOR
ONLINE PAYMENT SERVICES FOR TAX COLLECTOR ACCOUNTS
____________________________________________________________________
WHEREAS, Cit-e-Net
LLC has submitted a proposal to the Township to provide online payment services
for tax collector accounts; and
WHEREAS,
the Township wishes to accept said proposal and to authorize the execution of a
service agreement with Cit-e-Net LLC; and
WHEREAS,
the proposed agreement 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,
Cit-e-Net LLC has completed and submitted a Business Entity Disclosure
Certification which certifies that Cit-e-Net LLC 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 Cit-e-Net LLC
from making any reportable contributions through the term of the contract; and
WHEREAS,
the Chief Financial Officer has certified the availability of funds to permit
said Contract to be entered into.
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. Cit-e-Net LLC 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.
3. The proposed Service Agreement between the Township and Cit-e-Net LLC,
a copy of which is on file in the office of the Township Clerk, is approved and
the Mayor and the Township Clerk are hereby authorized, directed and empowered
to execute said Service Agreement on behalf of the Township of Upper and the
Township Clerk is further authorized, directed and empowered to seal said
Service Agreement with the seal of 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. 163-2009
Offered by: Corson
Seconded by: Newman
Adopted: July 13, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Camp
_________
_________
__________ ____x______
Conrad
____x_____
_________
__________ __________
Corson
____x_____
_________
__________ __________
Newman ___ x_____
_________
__________ __________
Palombo
___x______ _________
__________ __________
7.
Authorizing the Mayor and Township Clerk to sign a contract with Cape
Professional Billing for Emergency Medical Billing Services.
TOWNSHIP
OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 164-2009
RE: AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO SIGN A CONTRACT WITH CAPE
PROFESSIONAL BILLING
FOR EMERGENCY MEDICAL BILLING SERVICES
____________________________________________________________________
WHEREAS,
Cape Professional Billing of P.O. Box 670, Cape May Court House, New Jersey
08210 has submitted a proposal to renew a contract with the Township of Upper
for emergency medical billing services; and
WHEREAS, the
Township of Upper has previously contracted with Cape Professional Billing of
P.O. Box 670, Cape May Court House, New Jersey 08210 for emergency medical
billing services and wishes to continue such relationship by accepting the
proposal and entering into another Professional Services Contract to cover the
period of August 1, 2009 to July 31, 2010; 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 is attached hereto; and
WHEREAS,
Cape Professional Billing has completed and submitted a Business Entity
Disclosure Certification which certifies that Cape Professional Billing 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 Cape Professional Billing 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 Cape Professional Billing to provide billing services
for emergency medical services.
3. Cape Professional Billing 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. 164-2009
Offered by: Conrad
Seconded by: Newman
Adopted: July 13, 2009
Roll Call Vote:
NAME
YES NO
ABSTAINED
ABSENT
Camp
_x___
Conrad
x
____
Corson
x__
____
Newman
x_
____
Palombo
x
____
TOWNSHIP OF UPPER
CAPE MAY
COUNTY
R E S O L U T
I O N
Resolution No.
165-2009
AUTHORIZING
THE UPPER TOWNSHIP TAX COLLECTOR
TO EXTEND THE 3RD
QUARTER GRACE PERIOD
WHEREAS, the tax rate or bills were not received in time to
meet the statutory mailing and due dates. The grace period for the 3rd quarter of 2009
which is usually 10 days, will be extended to meet the statutory requirements in
accordance with N.J.S.A. 54:4-66.3d . (N.J.S.A.54:4-67). By law, the bills must be
mailed twenty-five (25) days prior to due date.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee
of the Township of Upper, Cape May County, that in accordance with the law the taxes
for the third quarter of 2009 shall not be subject to interest until 25 days after mailing.
Anyone paying after the extended grace period shall pay interest from the due date of
August 1st.
Resolution No. 165-2009
Offered by: Conrad Second by: Palombo
Adopted July 13, 2009
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Camp
__________
__________ __________
_____x_____
Corson
____x______
__________ __________
__________
Conrad
____x______
__________ __________
__________
Newman
____x______
__________ __________
__________
Palombo
____x______
__________ __________
__________
9.
Public Hearing and Final Adoption of Ordinance No.
016-2009 RE: BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A STREET SWEEPER BY
THE TOWNSHIP OF UPPER, IN THE COUNTY OF CAPE MAY, NEW JERSEY APPROPRIATING
$250,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $237,500.00 BONDS OR NOTES
OF THE TOWNSHIP OF UPPER TO FINANCE PART OF THE COST THEREOF.
During the Public Comment section of the hearing there were no speakers. Motion to adopt Ordinance No.016-2009 made by Jay Newman, second by Frank Conrad. During roll call vote all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 016-2009
RE: BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A STREET SWEEPER BY THE
TOWNSHIP OF UPPER, IN THE COUNTY OF CAPE MAY, NEW JERSEY APPROPRIATING
$250,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $237,500.00 BONDS OR NOTES
OF THE TOWNSHIP OF UPPER TO FINANCE PART OF THE COST THEREOF
_____________________________________________________________________
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.
The improvement described in Section 3 of this Bond Ordinance is hereby
authorized to be undertaken by the Township of Upper, New Jersey as a general
improvement. For the improvement or purpose described in Section 3, there is
hereby appropriated the sum of $250,000.00 including the sum of $12,500.00 as
the down payment required by the Local Bond Law. The down payment is now
available by virtue of provision for down payment or for capital improvement
purposes in one or more previously adopted budgets.
SECTION 2.
In order to finance the cost of the improvement or purpose not covered by
application of the down payment, negotiable bonds are hereby authorized to be
issued in the principal amount of $237,500.00 pursuant to the Local Bond Law. In
anticipation of the issuance of the bonds, negotiable bond anticipation notes
are hereby authorized to be issued pursuant to and within the limitations
prescribed by the Local Bond Law.
SECTION 3.
(a)
The improvement hereby authorized and the purpose of the financing of which the
bonds are to be issued is for the acquisition of a new street sweeper including
all related costs and expenditures incidental thereto.
(b)
The estimated maximum amount of bonds or notes to be issued for the improvement
or purpose is as stated in Section 2 hereof.
(c)
The estimated cost of the improvement or purpose is equal to the amount
of the appropriation herein made therefore.
SECTION 4.
All bond anticipation notes issued hereunder shall mature at such times as may
be determined by the chief financial officer; provided that no note shall mature
later than one year from its date. The notes shall bear interest at such rate or
rates and be in such form as may be determined by the chief financial officer.
The chief financial officer shall determine all matters in connection with notes
issued pursuant to this Bond Ordinance and the chief financial officer’s
signature upon the notes shall be conclusive as to all such determinations. All
notes issued hereunder may be renewed from time to time subject to the
provisions of the Local Bond Law. The chief financial officer is hereby
authorized to sell part or all of the notes from time to time at public
or private sale and to deliver them to the purchasers thereof upon
receipt of payment of the purchase price plus accrued interest from their dates
to the date of delivery thereof. The chief financial officer is directed to
report in writing to the governing body at the meeting next succeeding the date
when any sale or delivery of the notes pursuant to this Bond Ordinance is made.
Such report must include the amount, the description, the interest rate and the
maturity schedule of the notes sold, the price obtained and the name of the
purchaser.
SECTION 5.
The capital budget of the Township of Upper is hereby amended to conform with
the provisions of this Bond Ordinance to the extent of any inconsistency
herewith. The resolution in the form promulgated by the Local Finance Board
showing full detail of the amended capital budget and capital program as
approved by the Director of the Division of Local Government Services is on file
with the Clerk and is available therefor public inspection.
SECTION 6.
The following additional matters are hereby determined, declared, recited and
stated:
(a)
The improvement or purpose described in Section 3 of this Bond Ordinance is not
a current expense. It is an improvement or purpose that the Township of Upper
may lawfully undertake as a general improvement and no part of the cost thereof
has been or shall be specially assessed on property specially benefited thereby.
(b)
The period of usefulness of the improvement or purpose within the limitations of
the Local Bond Law, according to the reasonable life thereof computed from the
date of the bonds authorized by this Bond Ordinance is five years.
(c)
The Supplemental Debt Statement required by the Local Bond Law has been
duly prepared and filed in the office of the Clerk and a complete executed
duplicate thereof has been filed in the office of the Director of the Division
of Local Government Services in the Department of Community Affairs of the State
of New Jersey. Such statement shows that the gross debt of the Township as
defined in the Local Bond Law is increased by the authorization of the bonds and
notes provided in this Bond Ordinance by $237,500.00 and the obligations
authorized herein will be within all debt limitations prescribed by that Law.
(d) An
aggregate amount not exceeding $20,000.00 for items of expense listed in and
permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated
herein for the purpose or improvement.
SECTION 7.
Any grant monies received for the purpose described in Section 3 hereof shall be
applied either to direct payment of the cost of the improvement or to payment of
the obligations issued pursuant to this Bond Ordinance. The amount of obligation
authorized but not issued hereunder shall be reduced to the extent that such
funds are so used.
SECTION 8.
The chief financial officer of the Township of Upper is hereby authorized to
prepare and to update from time to time as necessary a financial disclosure
document to be distributed in connection with the sale of obligations of the
Township and to execute such disclosure document on behalf of the Township. The
chief financial officer is further authorized to enter into the appropriate
undertaking to provide secondary market disclosure on behalf of the Township
pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”)
for the benefit of holders and beneficial owners of obligations of the Township
and to amend such undertaking from time to time in connection with any change in
law, or interpretation thereof, provided such undertaking is and continues to
be, in the opinion of a nationally recognized bond counsel, consistent with the
requirements of the Rule. In the event that the Township fails to comply with
its undertaking, the Township shall not be liable for any monetary damages, and
the remedy shall be limited to specific performance of the undertaking.
SECTION 9.
The full faith and credit of the Township are hereby pledged to the punctual
payment of the principal of and the interest on the obligations authorized by
this Bond Ordinance. The obligation shall be direct, unlimited obligations of
the Township.
SECTION 10. REPEALER: All Ordinances or parts
of Ordinances inconsistent herewith are hereby repealed to the extent of such
inconsistency only.
SECTION 11:
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 12:
EFFECTIVE DATE: This Bond Ordinance shall take effect 20 days
after the first publication thereof after final adoption as provided by the
Local Bond 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 8th 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 13TH 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
10. Public Hearing and Final Adoption of Ordinance No. 017-2009 RE: AN ORDINANCE FOR DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM AND AMENDING REVISED GENERAL ORDINANCE CHAPTER 5 OF THE CODE OF UPPER TOWNSHIP.
During the Public Comment section of the hearing there were no speakers. Motion was made to adopt Ordinance No.017-2009 by Jay Newman, second by Frank Conrad. During roll call vote all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO.
017-2009
RE: AN ORDINANCE FOR DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED
CONTRIBUTION RETIREMENT PROGRAM AND AMENDING REVISED GENERAL ORDINANCE
CHAPTER 5 OF THE CODE OF UPPER TOWNSHIP
WHEREAS,
the State legislature recently adopted Chapter 92 of the Laws of 2007
(N.J.S. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program
to provide retirement benefits to various county and municipal officials; and
WHEREAS,
N.J.S. 43:15C-2 requires the governing body of each county, municipality and
other local entity to adopt, as appropriate, either a resolution or ordinance to
determine the positions that are substantially similar in nature to the advice
and consent of the Senate for appointments by the Governor of the State,
pursuant to guidelines or policy that shall be established by the Local Finance
Board in the Department of Community Affairs, and for which officials appointed
to such positions shall be eligible for and shall participate in the Defined
Contribution Retirement Program, subject to the provisions of law; and
WHEREAS,
the Township Committee of the Township of Upper has considered the guidelines
issued by the Local Finance Board;
NOW, THEREFORE, BE IT ORDAINED
by the Township Committee of the Township of Upper, County of Cape May and State
of New Jersey as follows:
SECTION 1:
Chapter 5 of the Revised General Ordinances of the Township of Upper, also known
as the Code of Upper Township, shall be amended and supplemented to include the
following sections:
5-13 Positions Eligible
for the Defined Contribution Retirement Program.
5-13.1 Pursuant to N.J.S. 43:15C-2, the
following positions are deemed to be eligible for and shall participate in the
Defined Contribution Retirement Program:
a.
Solicitor.
b.
Municipal Prosecutor.
c.
Municipal Court Judge.
d.
Elected Officials elected to new positions on or after July 1, 2007.
5-13.2 Individuals serving in the
following positions are exempt from Defined Contribution Retirement Program
membership pursuant to N.J.S. 43:15C-2:
a.
Tax Collector.
b.
Chief Financial Officer.
c.
Construction Code Official.
d.
Qualified Purchasing Agent.
e.
Tax Assessor.
f.
Registered Municipal Clerk.
g.
Licensed Uniform Subcode Inspector.
h.
Principal Public Works Manager.
5-13.3 If an individual is appointed to
one of the positions listed in Section 5-13.1 and the individual is not serving
in a position as described in Section 5-13.2 above, the Pension Certifying
Officer of the municipality may determine that the individual is not required to
join the Defined Contribution Retirement Program if that individual (1) was an
active participant in the Public Employee Retirement System on July 1, 2007 and
continuously since that time; or (2) has been appointed pursuant to a valid
promotional process; or (3) is appointed on a temporary, interim, or “acting”
basis to a position requiring State Certification as set forth in Section 5-13.2
herein, and is in pursuit of the required certification; or (4) meets such other
exceptions that may be approved by the Local Finance Board or the Division of
Pensions and Benefits.
5-13.4 This ordinance shall be
implemented, construed and subject to the aforesaid Chapter 92 of the Laws of
2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations
or guidance documents from the Local Finance Board or the Division of Pensions
and Benefits.
SECTION 2:
Should any part or parts of this ordinance be held to be invalid by any
competent court of law, such invalidity shall only affect the part or parts held
to be invalid, and all other parts shall remain in effect.
SECTION 3:
A copy of this ordinance shall be filed with the Director of the Division of
Pensions and Benefits of the New Jersey Department of the Treasury.
SECTION 4:
EFFECTIVE DATE: This Ordinance shall take effect immediately upon
passage and publication as required by law.
SECTION 5:
CODIFICATION:
This Ordinance shall be codified in Chapter 5 of the Upper Township Code
commencing at 5‑13.
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 8TH 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 13TH 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
CORRESPONDENCE
11.
Maser
Consulting P.A. Proposal to provide Professional Planning Services,
Reexamination Report and Master Plan Elements MC Project No. 09000724P.
Municipal Engineer Paul Dietrich provided a summary of the proposal submitted by Maser Consulting and reported that funds are available from the Smart Growth grant. He recommended that $17,000 be made available for a Master Plan Reexamination Report and Conservation Plan Element Update for review and adoption by the Upper Township Planning Board. Curtis Corson made a motion to commit an amount not to exceed $17,000 for Planning Services to prepare a Master Plan Reexamination Report and a Conservation Plan Element Update. Motion seconded by Frank Conrad with all four Committee members present voting in the affirmative.
12.
Michael D.
Carroll, LLC. Re: Terence Smith Zoning Matter Block 496 Lots 41-45.
After a review of the request it was discussed that the Township sees no benefit or use, and has no interest of any kind of a buy/sell arrangement between the Township and Mr. Smith’s property. Motion made by Jay Newman second by Frank Conrad to advice Mr. Smith by mail of this decision. During roll call vote all four Committee members voted affirmative.
13. Lyn Fayter, request to relocate the annual Kayak Race further south along the beach for better access. Ms. Fayter of Strathmere was present in the audience. Paul Dietrich reported that he spoke with Lifeguard Captain, William Handley and due to safety concerns the event will be moved to Williams Avenue. There are some concerns with dredge equipment as well. Motion was made by Curtis Corson to move the event to Williams Avenue, second by Jay Newman. During roll call vote all four Committee members present voted in the affirmative.
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 made by Jay Newman, second by Frank Conrad with all four Committee members present voting in the affirmative.
Bills approved for payment:
$261,837.64
Payroll:
$200,503.74
She complained
about her neighbor to the rear of her property having an unkempt yard.
Edmund Bamford,
1912 Commonwealth Ave.,
Strathmere; agreed with Mrs. Townsend about
not being able to
hear speakers during the Committee meetings.
He again requested
that the storm sewers on Commonwealth Avenue be cleared of sand and debris, and
the curb be exposed. He stated that the sidewalk is completely covered.
The County of Cape May has jurisdiction over this street and the Clerk
was directed to both call and send a letter to the county requesting that this
work be completed.
Ted Kingston,
Strathmere, asked if
something was missing from the Strathmere complaint. Mr. Young responded ”yes”
and that he made request to Mr. Florio’s office for a complete copy of the
complaint.
Priscilla Yank,
of Tuckahoe, requested that the Committee allow her to offer carriage rides to
the public starting at the Tuckahoe Train Station to points around Tuckahoe such
as the Train Museum. Mr. Young was
concerned as to what license may be required.
Ms. Yank answered that she believes there is none required.
Motion was made to allow Ms. Yank to pursue the activity pending Mr.
Young’s review of state laws. The
motion was made by Frank Conrad, second by Curtis Corson with all four Committee
members present voting in the affirmative.
Lyn Fayter,
Strathmere commented again.
She asked if the reeds that are on the beach at this time would remain in
place. Mr. Corson stated that it
was discussed at his meeting with the NJDEP that the reeds would be spread out
over the beach and covered with sand. Ms. Fayter then asked about the Catamaran
Beach location for this year, which is located on the beach one block north of
Hawthorne Avenue. She reported an
abandoned catamaran sitting on a dune, that the Township is trying to have
removed. Curtis Corson made a motion to authorize Paul Dietrich to have
the boat removed subject to legal review. The motion was seconded by Jay Newman,
with all four Committee members voting in the affirmative.
She also commented
that someone was riding the Kubota on the beach at a high rate of speed.
EMT’s are the only persons permitted to ride this vehicle.
Jay Potter was asked to speak with his EMT’s to slow down. In addition,
Mr. Corson will also speak with the Dredge Company to remind their employees to
drive slower as they also have Kubotas on site.
CLOSED SESSION
Motion was made by
Frank Conrad, second by Curtis Corson to terminate James Thomas effective
immediately. During roll call vote
all four Committee members voted in the affirmative.
There was no further business for this evening and the meeting was adjourned at 9:50 P.M., motion by Frank Conrad, second by Jay Newman. Next meeting scheduled for July 27, 2009 at 7:30 P.M.
Wanda Gaglione, RMC
Municipal Clerk
49219 07/14/09 A0004 A+ COMMERCIAL
OFFICE CLEANERS 250.00 2537
49220 07/14/09 A0006 ADVANCE TREADS INC
1,004.00 2537
49221 07/14/09 A0018 ACTION SUPPLY INC.
93.19 2537
49222 07/14/09 A0025 ADVANTAGE RENTAL
ACE HARDWARE 268.68 2537
49223 07/14/09 A0086 AT&T MOBILITY
273.66 2537
49224 07/14/09 A0091 ATLANTIC CITY
ELECTRIC 8,048.16 2537
49225 07/14/09 A0092 ARC REPROGRAPHICS
1,702.30 2537
49226 07/14/09 A0117 AT&T 22.33 2537
49227 07/14/09 A0122 ANSELL,ZARO,GRIMM &
AARON 2,480.57 2537
49228 07/14/09 B0035 BELMONT & CRYSTAL
SPRINGS 62.64 2537
49229 07/14/09 B0070 HORIZON BLUE
CROSS/BLUE SHIELD 120,615.91 2537
49230 07/14/09 B0076 BOND,LAURENCE E.
140.00 2537
49231 07/14/09 B0104 BRUNETTI,WALTER,SR.
460.00 2537
49232 07/14/09 B0160 BONNER, ROSEMARY
40.30 2537
49233 07/14/09 B0178 BUGANSKI,PETER R.
77.00 2537
49234 07/14/09 C0030 CAMP, BARBARA 56.00
2537
49235 07/14/09 C0046 CAPE MAY COUNTY
CLERK 4,174.70 2537
49236 07/14/09 C0060 CAPRIONI'S PORTABLE
TOILETS 2,187.00 2537
49237 07/14/09 C0068 COMCAST 169.32 2537
49238 07/14/09 C0071 CAPEHART &
SCATCHARD, P.A. 2,669.00 2537
49239 07/14/09 C0087 CATANOSO, ERICA
ROSE 50.00 2537
49240 07/14/09 C0116 CINTAS CORPORATION
#100 130.79 2537
49241 07/14/09 C0130 CHIEF SUPPLY CORP.
609.80 2537
49242 07/14/09 C0138 COASTAL PLUMBING &
HEATING INC 432.00 2537
49243 07/14/09 C0159 CORSON, CURTIS T.
99.00 2537
49244 07/14/09 C0171 COLONIAL ELECTRIC
SUPPLY CO. 201.42 2537
49245 07/14/09 C0201 CRUZAN'S TRUCK
SERVICE INC. 499.30 2537
49246 07/14/09 C0221 CRAGER, GARY 206.14
2537
49247 07/14/09 C0223 CASA PAYROLL
SERVICE 268.45 2537
49248 07/14/09 D0035 DEVINE, FIONA 25.00
2537
49249 07/14/09 D0040 DELTA DENTAL OF
N.J. INC. 6,277.65 2537
49250 07/14/09 D0054 DiNARDO, BRUCE
810.00 2537
49251 07/14/09 D0127 DOUGHERTY, MICHAEL
25.00 2537
49252 07/14/09 E0012 EHRLICH PEST
CONTROL INC 68.00 2537
49253 07/14/09 E0020 ELMER DOOR CO.
1,086.00 2537
49254 07/14/09 F0042 FLANAGANS SOUTH
AUTO TIRE CENT 502.00 2537
49255 07/14/09 F0054 FORT DEARBORN LIFE
INSURANCE 559.08 2537
49256 07/14/09 G0002 GAGLIONE, WANDA
28.00 2537
49257 07/14/09 G0006 GARBUTT,PATRICIA A.
4.00 2537
49258 07/14/09 G0016 GARDNER HARDWARE
INC. 110.08 2537
49259 07/14/09 G0021 GARTLAND, JOSEPH,
INC. 284.90 2537
49260 07/14/09 G0028 GENTILINI FORD
271.63 2537
49261 07/14/09 G0079 GLOBAL CONNECT
2,206.88 2537
49262 07/14/09 G0094 GRUBB, JON 28.00
2537
49263 07/14/09 G0096 GRUND, GEORGE 6.00
2537
49264 07/14/09 H0002 H.A. DEHART & SON
CORP. 218.00 2537
49265 07/14/09 H0005 HARNEY, JOE 400.00
2537
49266 07/14/09 H0073 HOME DEPOT CRC/GECF
208.43 2537
49267 07/14/09 H0131 HPI PROCESSES, INC
59.04 2537
49268 07/14/09 H0134 HEFFERNAN, EARL F & MARY NORMA 2,960.00 2537
49269 07/14/09 I0007 INTERCON TRUCK EQUIPMENT, INC. 889.85 2537
49270 07/14/09 J0035 JOHNS, TRISTAN 58.00 2537
49271 07/14/09 J0039 JOHNSON & TOWER INC. 628.00 2537
49272 07/14/09 J0051 JOHNS, ERICA 37.50 2537
49273 07/14/09 J0053 J & M EMBROIDERY SCREEN PRNTG 287.75 2537
49274 07/14/09 K0034 KOHLER, CLAUDE JR. 71.98 2537
49275 07/14/09 K0037 KOHLER, JOHN F 440.94 2537
49276 07/14/09 K0047 KLINE, EDWARD T. 170.22 2537
49277 07/14/09 K0048 KLEPAC, THADDEUS 28.60 2537
49278 07/14/09 L0038 LAYTON, WILLIAM 16.00 2537
49279 07/14/09 M0012 McCAULEY, RICHARD 72.94 2537
49280 07/14/09 M0017 MOORE MEDICAL CORP. 64.26 2537
49281 07/14/09 M0021 MASER CONSULTING, P.A. 3,100.00 2537
49282 07/14/09 M0032 MARINE RESCUE PRODUCTS,INC. 1,869.00 2537
49283 07/14/09 M0055 MAY, JUDITH 7.48 2537
49284 07/14/09 M0070 MID ATLANTIC WASTE SYSTEMS 1,861.93 2537
49285 07/14/09 M0073 MENDEZ, MATTHEW 58.00 2537
49286 07/14/09 M0076 MGL PRINTING SOLUTIONS 881.00 2537
49287 07/14/09 M0176 MILLAR KENDRA 25.00 2537
49288 07/14/09 M0180 MED-TECH RESOURCE,INC. 2,199.60 2537
49289 07/14/09 M0188 MCCARTHY TIRE SERVICE OF PHILA 694.66 2537
49290 07/14/09 M0190 MENDEZ, BELICIA 25.00 2537
49291 07/14/09 M0191 MATOUSCH, RACHAEL 37.50 2537
49292 07/14/09 N0004 NJ-AMERICAN WATER CO. 54.50 2537
49293 07/14/09 N0043 NAPA AUTO PARTS OF S.JERSEY 244.79 2537
49294 07/14/09 N0052 NATL YOUTH SPORTS COACHED ASSN 300.00 2537
49295 07/14/09 N0089 NEXTIRAONE TA BLACK BOX 90.00 2537
49296 07/14/09 O0005 OFFICE BUSINESS SYSTEMS HLDGS 8,508.00 2537
49297 07/14/09 O0006 OCS PRINTING 595.00 2537
49298 07/14/09 P0032 PEDRONI FUEL CO. 2,283.25 2537
49299 07/14/09 P0034 PEIFER, SUSAN R. 24.00 2537
49300 07/14/09 P0056 TURF EQUIPMENT AND SUPPLY CO 898.60 2537
49301 07/14/09 P0064 PITNEY BOWES 237.96 2537
49302 07/14/09 P0073 POGUE INC. 118.00 2537
49303 07/14/09 R0029 RIDDELL/ALL AMERICAN 3,249.40 2537
49304 07/14/09 R0030 RIGGINS, INC. 3,464.12 2537
49305 07/14/09 R0055 ROSIAK, CAROL 20.00 2537
49306 07/14/09 R0073 RICOH AMERICAS CORPORATION 512.10 2537
49307 07/14/09 S0001 SAM'S CLUB 136.32 2537
49308 07/14/09 S0015 SMYTH, PATRICIA 150.00 2537
49309 07/14/09 S0021 SCHAFFER, MELLISSA 7.48 2537
49310 07/14/09 S0056 SEASHORE ASPHALT CORPORATION 57.50 2537
49311 07/14/09 S0066 SEETON TURF WAREHOUSE LLC 122.25 2537
49312 07/14/09 S0072 SEGIN, STEWART S. 197.21 2537
49313 07/14/09 S0085 SHOCKEY'S PURE WATER SYSTEMS 65.00 2537
49314 07/14/09 S0097 SMH CPR TRAINING CENTER 63.00 2537
49315 07/14/09 S0106 SIMPLEX/GRINNELL 172.90 2537
49316 07/14/09 S0126 SPIEGEL, BARBARA 36.85 2537
49317 07/14/09 S0188 STADNICKI, JOSEPH 62.50 2537
49318 07/14/09 S0216 DEPT.31 OOOO261489 773.87 2537
49319 07/14/09 S0227 SULLIVAN, JEREMY 50.00 2537
49320 07/14/09 S0232 SOUTH STATE, INC. 12,368.76 2537
49321 07/14/09 T0007 TRACEY, KIERAN 12.50 2537
49322 07/14/09 T0018 TEKK COMM COMMUNICATIONS 265.00 2537
49323 07/14/09 T0032 THE PRESS & SUNDAY PRESS 174.40 2537
49324 07/14/09 T0067 TOWNSHIP OF UPPER PETTY CASH 5.38 2537
49325 07/14/09 T0074 TRANSAXLE LLC 900.60 2537
49326 07/14/09 T0078 TREAS ST OF NJ ENVIR SERV FUND 11,900.00 2537
49327 07/14/09 T0097 TRICO EQUIPMENT INC. 969.69 2537
49328 07/14/09 T0129 TRUGREEN CHEMLAWN 1,624.00 2537
49329 07/14/09 T0153 THE TREE SURGEON, LLC 975.00 2537
49330 07/14/09 U0010 UPPER TOWNSHIP CHEERLEADING 1,428.00 2537
49331 07/14/09 U0047 U.S. MUNICIPAL SUPPLY, INC. 2,078.89 2537
49332 07/14/09 V0001 VCI EMERGENCY VEHICLE 52.65 2537
49333 07/14/09 V0013 VERIZON WIRELESS 415.20 2537
49334 07/14/09 V0022 VERIZON 760.32 2537
49335 07/14/09 V0024 VAL-U AUTO PARTS L.L.C. 51.58 2537
49336 07/14/09 W0026 WEINSTEIN SUPPLY CORP. 94.08 2537
49337 07/14/09 W0030 WEST PUBLISHING CO. 323.75 2537
49338 07/14/09 W0037 WALLACE REFRIGERATION 2,210.00 2537
49339 07/14/09 W0038 WILLIAMS, JEREMIAH J. 6.00 2537
49340 07/14/09 W0054 WATER SAFETY PRODUCTS 195.28 2537
49341 07/14/09 W0085 WOODY, LESTER 134.08 2537
49342 07/14/09 X0002 XEROX CAPITAL SERVICES,LLC 66.00 2537
49343 07/14/09 Y0008 YOUNG, DANIEL J. ESQUIRE PC 25,333.32 2537
49344 07/14/09 Y0020 YOUNG, BARBARA L. 44.00 2537
____________________________________________________
Total Paid: $261,837.64
***