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 Absent
Also present were Municipal Clerk Wanda Gaglione, Acting Finance Officer Barbara Spiegel, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich. Leon Costello the Municipal Auditor was also present.
APPROVAL OF MINUTES - March 23, 2009 Regular Meeting and
Closed Session Minutes
Motion was made by Jay Newman, second by Barbara Camp to approve the Minutes as written. During roll call vote all four Committee members present voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, made a motion to hire Charles Thonsen, Jr., as a Seasonal Part-time Recreation Department employee. Jay Newman seconded, with all four Committee members present voting in the affirmative. A resolution will be placed on a future agenda.
Mr. Conrad also reported the skate park is now open as an unattended park. The park does not allow bikes inside and asks for compliance with the park rules for safety. The State Police Officers will be monitoring the area and are prepared to issue tickets/citations to violators.
Jay Newman, reported on fire call made to a home on Delores Avenue. Jay commended the various volunteer organizations for working together in effort to save the home. Unfortunately the home was lost.
There where 103 calls for EMS services during the month of March.
Curtis Corson, Deputy Mayor; Reported the Townships portion of bill for the Beach Replenishment is $1,235,058.83. The State has everything they need from Upper Township.
The State has hired a contractor to complete the project. The best “guesstimate” at this point is that work will begin in June.
Daniel Young, Municipal Solicitor; Reported he has one item for closed session regarding Medical Insurance Contract/Personnel Item.
Paul Dietrich, Municipal Engineer; Reported the NJDEP has assigned an individual
to review Sam’s Gulf Station in Tuckahoe. The state is back on track and will provide information regarding potential well monitoring and contamination remediation.
He also reported that he has been closely monitoring the Strathmere beaches for erosion and that over the last two weeks approximately 10 – 15 feet of beach frontage has been lost due to the coastal storms. He will discuss the condition of the beach with Dr. Farrell.
Barbara Spiegel, Acting Finance Officer; Reported that she received a letter from Township employees, David Keene and William Layton, who are delegates for the NJ Marine Corp Convention. They are requesting two days off to attend this event on June 18 & 19, 2009 to represent the Dramis Detachment. Motion was made by Jay Newman, second by Frank Conrad to approve the request. During roll call vote all four Committee members present voted in the affirmative.
BUDGET AMENDMENT- HEARING AND RESOLUTION-Resolution 77-2009
ADOPTION OF THE 2009 BUDGET AND AMENDMENT.
There was no comment from the public. Motion for final adoption of amendment
and approval of Budget made by Jay Newman, Second by Barbara Camp,
all four committee members present voted in affirmative.
RESOLUTION NO. 88-2009
LOCAL UNIT BUDGET EXAMINATION
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and
WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
WHEREAS, pursuant to N.J.A.C. 5:30-7 through 7.5 the Township Committee of the Township of Upper has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Township of Upper meets the necessary conditions to participate in the program for the 2009 budget year.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, County of Cape May, that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officers’ certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amount required for school purposes
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with “CAP” law.)
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate, and correctly stated
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced, publicly advertised, and adopted in accordance with the relevant provision of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.
Offered By: Newman Seconded By: Camp
Adopted: April 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
RESOLUTION NO. 089-2009
RE: AUTHORIZING THE EXECUTION OF THE STATE AID AGREEMENT FOR 2009 BEACH FILL PROJECT AND AUTHORIZING THE MAYOR OR DEPUTY MAYOR TO SIGN SAID AGREEMENT BETWEEN THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
THE TOWNSHIP OF UPPER
WHEREAS, the New Jersey Department of Environmental Protection
(NJDEP), periodically serves as the lead agency in connection with certain beach replenishment projects in the Township of Upper; and
WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) recognizes the additional responsibilities of the Township of Upper to minimize the threat to life and property from coastal flooding and storms and to provide a safe and secure town, a sustainable economy, and recreational opportunities for residents and visitors; and
WHEREAS, the Township of Upper in cooperation with the NJDEP has developed the Township of Upper Beach Fill Project for the beaches in the Strathmere and Whale Beach Section of Upper Township, as well as neighboring municipalities, the NJDEP has developed the State Aid Agreement where the financial responsibility of Township of Upper will be in the amount of $1,235,058.83; and
WHEREAS, Bond Ordinance 13-2008 provides for funding of the Strathmere and Whale Beach Replenishment Projects including the acquisition of land or easements where necessary and all related costs in and by the Township of Upper, in the County of Cape May, New Jersey, appropriating $3,000,000 therefore and Authorizing the Issuance of $2,850,000 Bonds or Notes of the Township to finance part of the cost thereof; and
WHEREAS, the Township Committee of the Township of Upper deems it appropriate to accept and enter into the aforesaid State Aid Agreement; 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 or Deputy Mayor and Township Clerk are hereby authorized,
directed and empowered to execute the aforesaid State Aid Agreement.
3. The Chief Financial Officer of the Township of Upper is hereby
authorized, directed and empowered to withdraw funds from Bond Ordinance 13-2008 in the amount of $1,235,058.83.
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. 089-2009
Offered by: Camp Seconded by: Conrad
Adopted: April 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
RESOLUTION NO. 090-2009
RE: AUTHORIZING A CONTRACT WITH CASA PAYROLL SERVICE OF PLEASANTVILLE, NEW JERSEY FOR PAYROLL SERVICES
___________________________________________________________________
WHEREAS, CASA Payroll Services has submitted a proposal to the Township for Payroll Services; and
WHEREAS, the Township wishes to accept said proposal and to authorize a contract with CASA Payroll Service; and
WHEREAS, the proposal 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, CASA Payroll Service has completed and submitted a Business Entity Disclosure Certification which certifies that CASA Payroll Service 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 CASA Payroll Service 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 enter into a contract with CASA Payroll Service attached hereto as Exhibit “A”, to provide payroll service within the Township of Upper commencing immediately.
3. CASA Payroll Service has registered with the State of New Jersey
Pursuant o 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. 090-2009
Offered by: Conrad Seconded by: Corson
Adopted: April 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x _____
Conrad x _____
Corson x _____
Newman x _____
Palombo _ __x__
5. Appointment of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire to act as Special Legal Counsel in Employment and Labor Law Matters.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 091-2009
RE: APPOINTMENT OF CAPEHART & SCATCHARD, P.A. AND
JOSEPH F. BETLEY, ESQUIRE TO ACT AS SPECIAL LEGAL COUNSEL IN EMPLOYMENT AND LABOR LAW MATTERS
_________________________________________________________________________
WHEREAS, the Township requires legal counsel to provide legal services in connection with employment law and labor law related issues; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, the firm of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire have completed and submitted a Business Entity Disclosure Certification which certifies that said firm and said individual have 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 said firm and said individual from making any reportable contributions through the term of the contract; and
WHEREAS, the Township has decided to acquire the services of the firm of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05; 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. Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire with offices at 8000 Midlantic Drive, Suite 300, Mount Laurel, New Jersey are hereby appointed Special Legal Counsel to handle employment law and labor law matters in conjunction with and at the direction of the regular Township Solicitor and as directed by the Township Committee.
3. This contract shall continue for the length of time necessary for completion of the aforesaid legal services, 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 Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire have professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
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 Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire for legal 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.
5. 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.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. 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.
9. This Resolution shall be effective as of adoption.
Resolution No. 091-2009
Offered by: Newman Seconded by: Conrad
Adopted: April 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _x__ ___ ____ ____
Conrad _x__ ____ ____ ____
Corson _x__ ____ ____ ____
Newman _x__ ____ ____ ____
Palombo ____ ____ ____ _x__
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
RESOLUTION NO. 092-2009
RE: REFUND ZONING BOARD APPLICATION FEE FOR BLOCK 568, LOT 2.06
IN THE TOWNSHIP OF UPPER, COUNTY OF CAPE MAY
___________________________________________________________________________
WHEREAS, a refund has been recommended by the Upper Township Zoning Board in order to refund monies on an application for Block 568, Lot 2.06 where a variance was found to be unnecessary and the monies were collected in error.
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:
568/2.06 $100.00 Charles W. Sakenas, Jr.
1 Wyndom Way
Seaville, NJ 08230
Resolution No. 092-2009
Offered by: Conrad Seconded by: Camp
Adopted: April 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x ____
Conrad x_ ____
Corson x ____
Newman x ____
Palombo __x__
7. Authorizing a refund of $26.85 to Vincent M. Sansone.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
RESOLUTION NO. 093-2009
RE: AUTHORIZING A REFUND OF $26.85 TO VINCENT M. SANSONE
____________________________________________________________________________
WHEREAS, Vincent M. Sansone submitted a request for numerous public records of which he was required to submit a deposit of monies to cover the cost of providing such records; and
WHEREAS, the actual cost to provide the records was less than anticipated; and
WHEREAS, the Upper Township Municipal Clerk has recommended that a refund in the amount of $26.85 be authorized for Vincent M. Sansone.
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:
$26.85 Vincent M. Sansone
P O Box 313
Swedesboro, NJ 08050
Resolution No. 093-2009
Offered by: Camp Seconded by: Newman
Adopted: April 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x ____
Conrad x_ ____
Corson x ____
Newman x ____
Palombo __x__
8. Appointment of Breazeale & Associates, LLC., and Thomas J. Breazeale as an
Appraiser for the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 094-2009
RE: APPOINTMENT OF BREAZEALE & ASSOCIATES, LLC AND
THOMAS J. BREAZEALE AS AN APPRAISER FOR THE TOWNSHIP OF UPPER
_________________________________________________________________________
WHEREAS, the Township periodically requires an appraiser to provide services to obtain the fair market value of lots owned by the Township with respect to the anticipated sale of said lots to contiguous land owners; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, Breazeale & Associates, LLC and Thomas J. Breazeale have completed and submitted a Business Entity Disclosure Certification which certifies that Breazeale & Associates, LLC and Thomas J. Breazeale have 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 Breazeale & Associates, LLC and Thomas J. Breazeale from making any reportable contributions through the term of the contract; and
WHEREAS, the Township has decided to acquire the services of the firm of Breazeale & Associates, LLC and Thomas J. Breazeale as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05; 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. Breazeale & Associates, LLC and Thomas J. Breazeale with offices at 7 Luke Court, Seaville, New Jersey are hereby appointed appraiser for the Township of Upper for the appraisal of lots in connection with the Townships anticipated sale to contiguous land owners.
3. The term of this contract is for the period not to exceed the length of time necessary for completion of the aforesaid services, 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 Breazeale & Associates, LLC and Thomas J. Breazeale have professional knowledge as to appraisal 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.
NOTICE OF CONTRACT AWARD
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 Breazeale & Associates, LLC and Thomas J. Breazeale for appraisal 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. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
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 Breazeale & Associates, LLC and Thomas J. Breazeale in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
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.
10. This Resolution shall be effective as of adoption.
Resolution No. 094-2009
Offered by: Conrad Seconded by: Newman
Adopted: April 13, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x ____ _____
Conrad x _____
Corson x _____
Newman x _____
Palombo _x___
Daniel Young reported that Mrs. Roberta Townsend withdrew her request when it
was realized the full street could not be vacated. When that happened Mr. Georgetti, a
contiguous/adjacent land owner, requested it be continued and will complete his own
application. This Ordinance will be revised and reintroduced with amendments and
follow the proper requirements.
Public Portion:
Roberta Townsend, from Palermo stated that she decided not to go ahead with application because she would have to pay taxes on property she can not use.
There being no other speakers, Frank Conrad made motion to withdraw Ordinance,
second by Barbara Camp. During roll call vote all four Committee members present
voted in the affirmative.
During the public portion of the hearing there being no speakers from public. Motion was made by Jay Newman to adopt the ordinance, seconded by Barbara Camp. 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. 009-2009
RE: AN ORDINANCE AUTHORIZING A UTILITY EASEMENT AGREEMENT AMONG THE TOWNSHIP OF UPPER, ATLANTIC CITY ELECTRIC COMPANY AND VERIZON NEW JERSEY, INC. FOR THE REAL PROPERTY COMMONLY KNOWN AS 2028 TUCKAHOE ROAD, UPPER TOWNSHIP, NEW JERSEY
______________________________________________________________________
WHEREAS, Atlantic City Electric Company, a New Jersey corporation, with an office at 5100 Harding Highway, Mays Landing, New Jersey and Verizon New Jersey, Inc., a New Jersey corporation, with an office located at 540 Broad Street, Newark, New Jersey have submitted a proposed Utility Easement Agreement to the Township of Upper which provides for a perpetual easement and right of way over Upper Township real property commonly known as 2028 Tuckahoe Road, Upper Township, Cape May County, New Jersey; and
WHEREAS, the Township of Upper, as owner of the land located at 2028 Tuckahoe Road, wishes to accept said Utility Easement Agreement and authorize the execution of said Agreement; and
WHEREAS, the Utility Easement Agreement has been reviewed and approved by the Municipal Attorney and the Municipal Engineer and will be on record in the office of the Township Clerk available for public inspection.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, County of Cape May and State of New Jersey:
SECTION 1: The Township of Upper is hereby authorized to grant to Atlantic City Electric Company and Verizon New Jersey, Inc. a utility easement over the property commonly known as 2028 Tuckahoe Road, Upper Township, Cape May County, New Jersey.
SECTION 2: The Township of Upper shall enter into a Utility Easement Agreement with Atlantic City Electric Company and Verizon New Jersey, Inc. wherein the Township of Upper shall grant a perpetual easement and right of way over said real property.
SECTION 3: The Mayor, Township Clerk and other Township officers and representatives are hereby authorized, directed and empowered to execute a Utility Easement Agreement, on behalf of Upper Township, with Atlantic City Electric Company and Verizon New Jersey, Inc. to install, operate, maintain, add, extend, relocate and remove its electric communications and other appropriate facilities, and accessories and appurtenance thereto to extend such system and to provide such services to the Township of Upper including any other cables, conduits, fiber optic cables and wires on, over, under and across the Township’s real property known as 2028 Tuckahoe Road, Upper Township, Cape May County, New Jersey.
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 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 9th OF March, 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 APRIL, 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
11. Introduction and First Reading of Ordinance No. 012-2009, RE: An Ordinance
vacating Whittier Avenue abutting Block 842, Lot 3 and Block 849, Lot 1 as the
same appear on the current Official Tax Map of the Township of Upper, Cape
May County, New Jersey.
Motion made by Jay Newman, second by Frank Conrad to introduce Ordinance 012-2009 with Public Hearing and Final Adoption scheduled for Monday, May 11, 2009 at the 7:30 P.M. meeting. 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. 012-2009
AN ORDINANCE VACATING WHITTIER AVENUE ABUTTING
BLOCK 842, LOT 3 AND BLOCK 849, LOT 1 AS THE
SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF
THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, 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; and
WHEREAS, Francis J. Jankowski, Jr. and Laura C. Jankowski are the owners of an individual tax lot in Tax Block 842 and have 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: 1) there is no present or foreseeable need or intention to utilize said roadway; 2) the street was never improved; and 3) it will eliminate encroachments which have existed for many years; and
WHEREAS, it is deemed to be in the public interest to vacate a portion of Whittier 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
THOSE UNIMPROVED STREETS
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY BEING VACATED:
That portion of Whittier Avenue from Bayview Drive to Strathmere Bay and abutting Blocks 842 and 849 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 Whittier 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 13th DAY OF APRIL, 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 11th DAY OF MAY, 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
Mr. Young reported that contract requires negotiation and does not feel ready to go ahead at this time. Jay Newman made motion to allow for renegotiation and place this item on next agenda. Frank Conrad seconded the motion with all four Committee members voting in the affirmative.
Treatment Works Approval application.
Application is for a permit for a septic system on a Strathmere property. The NJDEP application requires that the Township sign off that the plan meets all local ordinances. Motion made by Curtis Corson to have Township Engineer review application before placing on the next agenda. Frank Conrad seconded with all four Committee members voting in the affirmative.
Motion was made by Jay Newman second by Curtis Corson to authorize the Engineer to proceed with the preparation of and ordinance to collect fees based on new construction as a requirement of the COAH plan. During roll call vote all four Committee members voted in the affirmative.
Paul Dietrich reported he reviewed the bids and found pricing unclear. Motion to reject all bids made by Frank Conrad, second by Curtis Corson, with all four committee members voting in the affirmative.
Motion to approve application made by Jay Newman, seconded by Barbara Camp with all four Committee members voting 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 was made by Jay Newman, second by Curtis Corson. During roll call vote all four Committee members voted in the affirmative.
Bills submitted for payment: $1,583,621.33
Payroll: $169,704.48
Reports are available from the Clerks Office.
PUBLIC COMMENT
clear all trees off their lot.
Laura Olhsen of Cape May Court House, reported on her progress for Terrapin Turtle project for Roosevelt Blvd. She has raised over half the funds needed. She has the fencing and is ready to install when the Township is. The Township is waiting for approval from the county. Curtis Corson made motion to draft a shared services agreement with the County to place the fencing along Roosevelt Blvd. Frank Conrad seconded the motion with all four Committee members voting in the affirmative.
CLOSED SESSION
ADJOURNMENT
**Please note—the order of the agenda may be changed at the discretion of the Township Committee.
There being no further business this evening the meeting was adjourned at 9:00 P.M. Next meeting scheduled for April 27, 2009 at 7:30 P.M.
Wanda Gaglione, RMC
Municipal Clerk
Bill List
48718 04/13/09 A0004 A+ COMMERCIAL OFFICE CLEANERS 250.00 2524
48719 04/13/09 A0018 ACTION SUPPLY INC. 261.29 2524
48720 04/13/09 A0020 ACU-THERM SUPPLY CO.,INC. 430.50 2524
48721 04/13/09 A0024 ADVANCE DOOR & SUPPLY CO. 18.00 2524
48722 04/13/09 A0025 ADVANTAGE RENTAL ACE HARDWARE 114.17 2524
48723 04/13/09 A0028 ADVANTAGE RENTAL CENTER INC. 113.80 2524
48724 04/13/09 A0050 ALL STAR SPORT CENTER 662.60 2524
48725 04/13/09 A0072 AN ENCHANTING FLORIST 64.49 2524
48726 04/13/09 A0082 ARMSTRONG, JOSHUA 343.52 2524
48727 04/13/09 A0086 AT&T MOBILITY 54.84 2524
48728 04/13/09 A0091 ATLANTIC CITY ELECTRIC 21,374.62 2524
48729 04/13/09 A0122 ANSELL,ZARO,GRIMM & AARON 142.45 2524
48730 04/13/09 B0024 BCMCAA 225.00 2524
48731 04/13/09 B0098 BREATHE SAFE AIR SYSTEM INC 320.00 2524
48732 04/13/09 B0148 BLUE FLAME/PARACO GAS 388.01 2524
48733 04/13/09 B0160 BONNER, ROSEMARY 21.77 2524
48734 04/13/09 B0178 BUGANSKI,PETER R. 12.00 2524
48735 04/13/09 B0182 BRIGGS LAW OFFICE, P.C. 123.22 2524
48736 04/13/09 C0008 CMC COURT ADMINISTRATORS ASSOC 200.00 2524
48737 04/13/09 C0019 CITY OF OCEAN CITY 47,610.25 2524
48738 04/13/09 C0021 CIVIL SOLUTION A DIVISION 815.00 2524
48739 04/13/09 C0060 CAPRIONI'S PORTABLE TOILETS 899.00 2524
48740 04/13/09 C0068 COMCAST 182.37 2524
48741 04/13/09 C0078 CARTER, EDWARD, SR. 162.00 2524
48742 04/13/09 C0116 CINTAS CORPORATION #158 51.81 2524
48743 04/13/09 C0138 COASTAL PLUMBING & HEATING INC 7,124.01 2524
48744 04/13/09 C0171 COLONIAL ELECTRIC SUPPLY CO. 272.63 2524
48745 04/13/09 C0221 CRAGER, GARY 276.96 2524
48746 04/13/09 D0003 DATA RESOURCE SOLUTIONS680.00 2524
48747 04/13/09 D0015 DAN'S WELDING 1,800.00 2524
48748 04/13/09 D0016 DALEY,FREDERICK T/A DALEYS PIT 40.00 2524
48749 04/13/09 D0026 DEAUGUSTINE, JOE 158.00 2524
49750 04/13/09 D0040 DELTA DENTAL OF N.J. INC. 6,158.00 2524
49751 04/13/09 D0071 DLT SOLUTIONS INC. 1,524.82 2524
49752 04/13/09 E0012 EHRLICH PEST CONTROL INC 136.00 2524
49753 04/13/09 F0006 1ST RESPONDER NEWSPAPER 80.00 2524
49754 04/13/09 F0054 FORT DEARBORN LIFE INSURANCE 425.13 2524
49755 04/13/09 G0006 GARBUTT,PATRICIA A. 61.30 2524
49756 04/13/09 G0009 GAPVAX, INC. 294.49 2524
49757 04/13/09 G0012 GANN LAW BOOKS 191.00 2524
49758 04/13/09 G0016 GARDNER HARDWARE INC. 46.79 2524
49759 04/13/09 G0056 GARCIA, MIKE 210.00 2524
49760 04/13/09 G0077 GRAND HOTEL OF CAPE MAY 363.00 2524
49761 04/13/09 G0128 GEORGETTI, L.J. 108.00 2524
49762 04/13/09 H0083 HUBER LOCKSMITHS, INC. 134.00 2524
49763 04/13/09 H0089 HERTZ EQUIPMENT RENTAL CORP. 1,993.50 2524
49764 04/13/09 H0131 HPI PROCESSES, INC 2,881.40 2524
49765 04/13/09 J0002 J.P. COLLINS CO. 40.64 2524
49766 04/13/09 K0028 KIRK'S PIZZA 140.71 2524
49767 04/13/09 K0034 KOHLER, CLAUDE JR. 32.99 2524
49768 04/13/09 K0037 KOHLER, JOHN F 150.00 2524
49769 04/13/09 K0048 KLEPAC, THADDEUS 24.20 2524
49770 04/13/09 K0052 KIMBALL, ANDREW 180.00 2524
49771 04/13/09 K0057 KEYSER, KIERAN 60.00 2524
49772 04/13/09 L0040 LEA, SHELLEY 16.00 2524
49773 04/13/09 L0080 LOWES, INC. 481.61 2524
49774 04/13/09 M0007 MCAA OF NJ 90.00 2524
49775 04/13/09 M0008 MCAA OF NJ. SPRING CONF 200.00 2524
49776 04/13/09 M0021 MASER CONSULTING, P.A. 5,217.50 2524
49777 04/13/09 M0024 MAMA MIA'S RISTORANTE 151.00 2524
49778 04/13/09 M0046 MASON, DAVID 84.00 2524
49779 04/13/09 M0103 MODERN GAS COMPANY, INC. 442.64 2524
49780 04/13/09 M0104 MONMOUTH & OCEAN TCTA 30.00 2524
49781 04/13/09 M0174 MCAFEE MEGAN 16.00 2524
49782 04/13/09 M0207 McKNIGHT, NATE 96.00 2524
49783 04/13/09 M0208 McCRANE, BRANDON 144.00 2524
49784 04/13/09 N0004 NJ-AMERICAN WATER CO. 28.25 2524
49785 04/13/09 N0024 N.J. DIVISION OF FIRE SAFETY 1,428.50 2524
49786 04/13/09 N0033 NEVILLE, DAVID 132.00 2524
49787 04/13/09 N0052 NATL YOUTH SPORTS COACHED ASSN 520.00 2524
49788 04/13/09 N0060 NESLO PETROLEUM PRODUCTS, INC. 1,974.25 2524
49789 04/13/09 O0015 OCEAN PLACE HILTON RESORT 319.68 2524
49790 04/13/09 P0032 PEDRONI FUEL CO. 1,039.14 2524
49791 04/13/09 Q0008 QUILL CORPORATION 427.18 2524
49792 04/13/09 R0030 RIGGINS, INC. 4,285.94 2524
49793 04/13/09 R0061 RUTGERS, THE STATE UNIVERSITY 715.00 2524
49794 04/13/09 R0062 RUTGERS, THE STATE UNIVERSITY 132.00 2524
49795 04/13/09 R0071 REMINGTON VERNICK & WALBERG 5,800.25 2524
49796 04/13/09 R0073 RICOH AMERICAS CORPORATION 512.10 2524
49797 04/13/09 R0088 REMALEY, JENNA 348.00 2524
49798 04/13/09 S0015 SMYTH, PATRICIA 89.86 2524
49799 04/13/09 S0020 AM SAN 99.16 2524
49800 04/13/09 S0034 SCHULER, DANIEL 96.00 2524
49801 04/13/09 S0061 SCHOEDLER, MILES 48.00 2524
49802 04/13/09 S0072 SEGIN, STEWART S. 108.00 2524
49803 04/13/09 S0073 SENIOR TRAVEL SERVICE,INC. 1,050.00 2524
49804 04/13/09 S0075 SHARP,RHONDA L. 79.20 2524
49805 04/13/09 S0112 SOUTH JERSEY COURT ADM. ASSOC. 80.00 2524
49806 04/13/09 S0113 SMITH,THOMAS G. 951.00 2524
49807 04/13/09 S0121 SMUZ, THERESE A 54.96 2524
49808 04/13/09 S0124 SORENSON, LESLIE 120.00 2524
49809 04/13/09 S0134 SO. JERSEY GAS COMPANY 2,274.66 2524
49810 04/13/09 S0195 SANSONE, VINCENT M. 26.55 2524
49811 04/13/09 S0232 SOUTH STATE, INC. 161,863.05 2524
49812 04/13/09 T0018 TEKK COMM COMMUNICATIONS 261.94 2524
49813 04/13/09 T0020 TERWILLIGER, DUANE E. 40.00 2524
49814 04/13/09 T0024 TAYLOR, MATTHEW 451.94 2524
49815 04/13/09 T0032 THE PRESS & SUNDAY PRESS 799.68 2524
49816 04/13/09 T0067 TOWNSHIP OF UPPER PETTY CASH 11.03 2524
49817 04/13/09 T0074 TRANSAXLE LLC 2,900.00 2524
49818 04/13/09 T0080 TREASURER STATE OF N.J. 30.00 2524
49819 04/13/09 T0103 TROPICANA CASINO & RESORT 190.00 2524
49820 04/13/09 T0152 TERRY, VINCENT 72.00 2524
49821 04/13/09 T0154 TREASURER STATE OF NEW JERSEY 1,235,058.83 2524
49822 04/13/09 U0011 UPPER TOWNSHIP BASEBALL 3,685.00 2524
49823 04/13/09 U0012 U.T. SOCCER ASSOCIATION 26.25 2524
49824 04/13/09 U0030 UPPER TOWNSHIP LACROSSE 131.25 2524
49825 04/13/09 V0001 VCI EMERGENCY VEHICLE 229.20 2524
49826 04/13/09 V0005 VAN EMBDEN, NATHAN, ATTORNEY 2,002.50 2524
49827 04/13/09 V0013 VERIZON WIRELESS 334.10 2524
49828 04/13/09 V0022 VERIZON 828.27 2524
49829 04/13/09 V0026 VITAL COMPUTER RESOURCES, INC. 1,482.75 2524
49830 04/13/09 W0030 WEST PUBLISHING CO. 323.75 2524
49831 04/13/09 W0038 WILLIAMS, JEREMIAH J. 195.33 2524
49832 04/13/09 W0083 MID ATLANTIC CAR WASH TECH INC 12,916.23 2524
49833 04/13/09 Y0008 YOUNG, DANIEL J. ESQUIRE PC 29,613.00 2524
49834 04/13/09 Y0012 YOUNG,ROBERT 12.00 2524
49835 04/13/09 Y0020 YOUNG, BARBARA L. 26.52 2524
total: $1,583,621.33