TOWNSHIP OF UPPER

2100 TUCKAHOE ROAD

PETERSBURG, NJ 08270

CAPE MAY COUNTY

MINUTES FOR OCTOBER 26, 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, Municipal Attorney Daniel Young,

and Chief Finance Officer Barbara Spiegel.

APPROVAL OF MINUTES - October 13, 2009 Regular Meeting,

(No Closed Session Minutes)

The Minutes were approved as written with motion by Jay Newman, and second by Barbara Camp. During roll call vote all Committee members present voted in the affirmative.

REPORT OF GOVERNING BODY MEMBERS

Richard Palombo, Mayor; reported that President Obama has declared a National Emergency in 47 states regarding the H1N1 Swine Flu. He encouraged the audience to follow the official advice given with regards to frequent hand washing. As it becomes available the vaccine will be distributed to the highest risk individuals which are children, pregnant women, and college students. He would like to see flu clinics set up in Upper Township next year for the convenience of the northern part of Cape May County. Any news regarding this subject or notice of clinics that become available will be posted on UTTV-2 and channel 96 in Strathmere.

He attended the ground-breaking ceremony for the Wesley United Methodist Church, and the Apple Festival at the Gandy Farm and reported they were well attended.

He referred to the report from Dr. Stewart Farrell with regards to the condition of Strathmere after the last storm and that it stated Strathmere “was spared severe losses as opposed to some of our neighbors”.

He has one contract issue for closed session regarding retired employees.

Frank Conrad, Committeeman; reported the Dog Park has officially opened. He made

A motion to add two persons to the Recreation Committee in charge of the Dog Park, they being Orvis Leopardi as the Regular Member, and Mark Bisiqnaro as the Alternate Member. Jay Newman seconded the motion with all five Committee members voting in affirmative.

Mr. Conrad informed the Committee that the special Recreation Committee Meeting Minutes regarding the soccer issue were completed and are available for review. Mayor Palombo asked the Committee to review them for possible placement on a future agenda.

Barbara Camp, Committeewoman; made a motion to promote J. Michael Jones from Senior Carpenter to Supervising Carpenter; and promote Joseph Paynter from Mechanics Helper to Mechanic. Motion was seconded by Frank Conrad with all five Committee members voting in the affirmative.

Mrs. Camp also reported that the Cape May County Public Works Rodeo was held recently and employees Edward Kline and Richard Kasmarski won best driver overall in Class C; Nicholas Mason and Peter Bugansky won second place in Class B; William Layton and Harry Downam also participated in the event.

Curtis Corson, Deputy Mayor; commented on Corbin City Resolution No. 81-2009 received in the mail this week regarding the second Phase of the consolidation study. Mr. Corson expressed his concern that Upper Township should not be held responsible for any costs involved in this as Atlantic County, Cape May County, and Upper are opposed to the consolidation. Daniel Young responded that Upper Township is not responsible for any costs involved.

OTHER REPORTS

Wanda Gaglione, Municipal Clerk, requested that an additional item be added to the agenda tonight that being a letter from the Tax Collector regarding the annual Tax Sale scheduled for December 1^st. Jay Newman motioned to have a resolution prepared for the next meeting authorizing the Tax Sale, Curtis Corson seconded with all five Committee members voting in the affirmative. The Chief Financial Officer and Tax Assessor are authorized to bid at the sale.

Daniel Young, Municipal Attorney; has two items for closed session, both under Contract Negotiations----for NIA Associates, LLC and the Historical Society Leases.

PRESENTATION:

1. Presentation of a Resolution congratulating Upper Township’s 11U All Star

Baseball Team on their winning season and becoming the Southern New

Jersey Cal Ripken State Champions. Members of the team were in attendance along with their families. The Committee presented a copy of Resolution No. 205-2009 to each of the players.

RESOLUTIONS

2. Honoring Matthew Annarelli on attaining the designation of "EAGLE SCOUT".

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.217-2009

RE: HONORING MATTHEW ANNARELLI ON ATTAINING THE

DESIGNATION OF "EAGLE SCOUT"

___________________________________________________________

WHEREAS, Matthew Annarelli, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; and

WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and

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

RESOLVED THAT this Township Committee extends its sincere congratulations to Matthew on the occasion of his receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is

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

FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters and others who give so freely and generously of their time for the benefit of our youth.

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 26th day of October, 2009.

3. Appointing Daniel J. Young as contact person and Wanda Gaglione as additional

contact person for the Employment Practices Liability Attorney Consultation Service, Atlantic County Municipal Joint Insurance Fund.

WHEREAS, the Governing Body of the Township of Upper, hereinafter referred to as “Municipality”, is a member of the Atlantic County Municipal Joint Insurance Fund, hereinafter referred to as “Fund”; and

WHEREAS, the Fund has adopted a policy authorizing the Employment Practices Liability Attorney Consultation Service; and

WHEREAS, the Fund has budgeted an annual allowance per member for EPL consulting services in 2009; and

WHEREAS, the Fund requires the Municipality to designate specific managerial or supervisory individuals who will have telephone access to the EPL Hotline;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey does hereby appoint Daniel J. Young as its Contact Person.

BE IT FURTHER RESOLVED that the Township Committee does hereby appoint Wanda Gaglione as an additional Contact Person.

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 26th day of October, 2009.

4. Appointment of Gibson Associates, P.A. to perform professional construction inspection services at Peach Orchard Road in the Seaville Section of Upper Township.

Deputy Mayor Corson reported that he was required to address a problem that was discovered on October 21^st . The matter was resolved however there may be an additional bill from Gibson Associates as a result.

RE: APPOINTMENT OF GIBSON ASSOCIATES, P.A. TO PERFORM PROFESSIONAL CONSTRUCTION INSPECTION SERVICES AT PEACH ORCHARD ROAD IN THE SEAVILLE SECTION OF UPPER TOWNSHIP

WHEREAS, the Township requires an engineering firm to act as construction inspector to provide services which include inspecting and monitoring construction activities along Peach Orchard Road in the Seaville section of the Township in connection with the road paving project; and

WHEREAS, a resolution is required authorizing the award of such contract for professional services; 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:

2. Gibson Associates, P.A. with offices at 522 Sea Isle Boulevard, Ocean View, New Jersey is hereby appointed Construction Inspector for the Township of Upper for the purpose of inspecting and monitoring the construction activities at Peach Orchard Road in the Seaville section of the Township pursuant to the proposal from Gibson Associates, P.A. dated October 13, 2009.

3. The term of this contract is for a period not to exceed the length of time necessary for completion of the aforesaid project, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.

4. This Contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Gibson Associates, P.A. has professional knowledge as to surveying issues which knowledge is particularly valuable to the Township Committee and this service is acquired as a non-fair and open contract pursuant to N.J.S.A. 19:44A-2.05.

5. The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Gibson Associates, P.A. for surveying services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.

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

7. Gibson Associates, P.A. 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.

8. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Gibson Associates, P.A. in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein.

9. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.

ORDINANCES

5. Public Hearing and Final Adoption of Ordinance No. 020-2009, RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VII OF THE CODE OF UPPER TOWNSHIP. This Ordinance was introduced at the 9-28-2009 meeting. Due to a typographical error the ordinance was republished. Typo was in Section 1, Schedule 1 of the ordinance. Correction reads:

There were no speakers during the public comment section of the hearing. Motion was made by Barbara Camp, second by Frank Conrad to adopt Ordinance No. 021-2009. During roll call vote all five Committee members voted in the affirmative.

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:

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

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:

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

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 26^TH DAY OF OCTOBER, 2009 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.

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: Ordinance No. 017-2008, known as the Salary Ordinance of 2009 is hereby amended with respect to those municipal court positions set forth below as follows:

SECTION 2: SEVERABILITY: If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.

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

SECTION 4: 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 28th DAY OF SEPTEMBER, 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 26th DAY OF OCTOBER, 2009 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.

“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.” “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 five Committee members present voting in the affirmative.

REPORT OF MUNICIPAL DEPARTMENTS:

Deputy Mayor Corson found the report confusing and requested that the information provided be amended to reflect the calls and the actual physical addresses Animal Control responded to.

8. Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded. The following resolution and motion was read into the record by Jay Newman.

I hereby move that a resolution be incorporated into the minutes authorizing the Township Committee to enter into an executive session for the following matters pursuant to the Open Public Meetings Act:

I also include in my motion the estimated time and the circumstances under which the discussion conducted in closed session can be disclosed to the public as follows:

A. 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.

B. With respect to contract negotiations such matters will be made public when negotiations have ceased and there is no longer a reason for confidentiality.

Camp ____x______ _________ __________ __________

Barbara Camp was not present when the meeting reconvened. Curtis Corson made a motion to (1) authorize the Mayor to sign a contract with NIA for insurance consultation services with a resolution to be placed on the next agenda, and (2) to reimburse retiree prescription copays thru 2010 based on new opinion from NIA. Second by Jay Newman; the remaining four Committee members voted in the affirmative.

There was no further business for this evening and the meeting was adjourned at 9:15 P.M. Next meeting scheduled for November 9, 2009 at 7:30 P.M.