TOWNSHIP OF UPPER

2100 TUCKAHOE ROAD

PETERSBURG, NJ  08270

CAPE MAY COUNTY

MINUTES FOR FEBRUARY  9, 2009

 

**BUDGET WORKSHOP-6:00 P.M.

 

Mayor Palombo opened the meeting and referred to Mr. Corson for continuing discussion on the Budget.  Please see the spreadsheet below.  He discussed that presently the Budget is over CAP by $25,500 in operating funds; and is over by $280,000 by what is required on the Capital side to be able for the Township to forego a local purpose tax for another year. The Committee went through the Budget and made adjustments that include the following items:

--Under O/E funds for demolition of a house in Tuckahoe moved into emergency appropriations.

--Atlantic Care, duplicate fire fighters medical testing reduces cost by $4500

--$6500 removed from Recreation for skatepark and dog park attendants, which by ordinance will not be necessary for this year.

--The Rescue Squad line item was discussed.  Jay Potter requests that a private office be provided for full time workers to insure privacy of records.  He also commented on an oxygen machine that he requested this year, in that it would pay for itself within 3-4 years. 

--Regarding building maintenance, Mr. Dietrich stated that shingles need to be replaced on the roof area over the foyer and the court at the Township Hall building.  He also requested remote programmable thermostats for the building for more efficient use of energy. 

--$225,000 for the street sweeper was eliminated from the Budget.  It will be purchased over 5 years, similar to how the ambulance is being purchased.

--Truck #23 will be replaced.

--$2000 was removed from Finance O/E.

--$2000 was removed from skate park and dog park maintenance.

--$1000 was removed from the Community Center expenses.

 

With the reductions listed above the Budget is now under CAP, and the Capital expenses are reduced so as not to require a local purpose tax for this year.

The Budget meeting was adjourned at 7:20 PM.  After a small break the regular business meeting convened at 7:30 PM. 

 

 

  

 

 

**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        Absent

 

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Barbara Spiegel, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

 

APPROVAL OF MINUTES  -         January 26, 2009 Regular Meeting and

                                                             Closed Session Minutes

 

Motion was made by Jay Newman, second by Barbara Camp to approve the January 26, 2009 Minutes.  During roll call vote all Committee members voted in the affirmative.

 

REPORT OF GOVERNING BODY MEMBERS

 

Frank Conrad, reported on the free rabies clinic held on February 7th. There were 124 pets inoculated and all went smoothly.  The next clinic will be March 7th and will be held at Shore Veterinarians.

He commented on the By-Laws draft created for the Recreation Committee and thanked Brenda Layton for her work on the document. An item in Section 2 regarding voting was discussed.  It will be amended to read “in his or her absence the assistant supervisor will vote”.  Mrs. Camp requested this item be tabled to the next meeting to allow more time for review. 

 

Curtis Corson, Deputy Mayor, commented that the Township Annual Financial Statement for 2008, and the Annual Debt Statement for 2008 have been received and are available for inspection. He stated that this evening at 6:00 P.M. was the last budget workshop meeting and that the Budget is ready to be introduced at the next meeting, on Feb. 23rd.

He received a letter of retirement from Tax Collector, Susan Peifer, effective 7/1/09.  Ms. Peifer requested that she be allowed to use her accrued sick and vacation time in the months prior.  Mr. Corson made a motion to accept Ms. Peifer’s letter with regret and to allow her to utilize time accumulated prior to retirement.  Barbara Camp seconded with all five Committee members voting in the affirmative.

 

Jay Newman, reported on the UT-Corbin City court consolidation in that Corbin City has responded with the requested figures and now he will discuss the proposal with Judge Birchmeier. 

He reported that the Fire & Rescue Squad shared in the successful rescue of a dog on a pond near Glory Road.   He was very impressed with the efforts everyone made. 

He introduced a State Trooper from the Woodbine State Police Barracks to report

on police activity in the Township.    

 

Richard Palombo, Mayor, reported that the County is holding a Transportation Infrastructure Conference on February 24th, to discuss the reopening of the Beesley’s Point Bridge, the Garden State Parkway, and other regional transportation projects.  All are invited to attend.

He reported that Fire Company Installations have taken place over the past few weeks.  That Mayor Palombo attended Seaville Volunteer Fire Co., Mr. Conrad attended Tuckahoe Volunteer Fire Co., and Mr. Newman attended Marmora Volunteer Fire Co. He commended and thanked all those persons who dedicate their time to the Fire and Emergency Rescue Squad Companies.

He was happy to report that the Beach Replenishment Project is moving ahead and that the NJDEP is going out to bid the project this month.  The State will include Strathmere, Sea Isle City, Stone Harbor, and North Wildwood.  Strathmere will be the first beaches to be filled. 

 

OTHER REPORTS

 

Wanda Gaglione, reported that a new state statute now requires that each charitable clothing bin must now be licensed.  The applications and instructions were made available.

The State requires one license be issued for each bin at the annual cost of $25.00 per bin.

 

Daniel Young, Municipal Attorney, reported that he has two matters for closed session; one potential Litigation matter regarding an MUA Convenience permit; and one Litigation matter regarding condemnation proceedings.

 

Paul Dietrich, reported that the CMC Engineer’s office is holding a pre-construction meeting on February 11, 2009 for repairs planned for Cape May County Bridges.  This includes Ocean Drive Bridge over Corsons Inlet.  He will attend the meeting and report at the next meeting of any lane closures, etc.  Mr. Conrad commented that the bridge would not be closed but that pot hole repairs and routine maintenance is planned.  This information will be posted on UTTV for the public.

He reported that the Township received a $50,000 Smart Growth grant for continued improvements for Marmora and Seaville and that there is a huge opportunity for large scale developments with which Township residents would have an opportunity to have input on.  He reported that the Township will hold an open Workshop March 7th,  from 10 a.m. to 2p.m. to review what other towns have done, and look at new ideas on what type of retail, residential developments, streetscape designs, etc. that the residents would like to see. He urged everyone to attend. A follow up meeting is planned for April. 

He reported that COAH has responded to the Township’s application. This included the Township’s identification of at least one specific area to become a rental location. We are waiting for a letter of completeness from COAH and once that is received there will be other RFP’s on other sites. 

 

RESOLUTIONS

 

1.      Congratulating employee Rhonda Sharp of the Upper Township Tax Office for her winning entry in the Upper Township Safety Award Program for the 1st quarter of 2009.

 

TOWNSHIP OF UPPERPRIVATE

CAPE MAY COUNTY

R E S O L U T I O N

PRIVATE RESOLUTION NO. 046-2009

RE:  CONGRATULATING EMPLOYEE RHONDA SHARP

OF THE UPPER TOWNSHIP TAX OFFICE

FOR HER WINNING ENTRY IN

THE UPPER TOWNSHIP SAFETY AWARD PROGRAM

FOR THE 1ST QUARTER OF 2009

 

 

           WHEREAS, employee Rhonda Sharp is recognized for her efforts to promote safety for her fellow employees and residents of the Township through her participation in the Upper Township Safety Award Program with a submission of a safety suggestion; and

           WHEREAS, Rhonda’s safety suggestion was chosen by the Upper Township Safety Committee from the entries submitted in the first quarter for the promotion of safety for employees and the community; and

           WHEREAS, Rhonda should be publicly recognized for the recommendation she made on the reorganization project of the permanent record storage area (the vault) that improves safety for employees and expands record storage capacity; 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.                        That the Committee extends its appreciation and publicly recognizes Rhonda Sharp on her commitment to safety by her identifying a potential hazard and presenting a solution through participation in the program.

2.                        That the Committee, on behalf of our employees and the citizens of the Township of Upper extend to Rhonda Sharp our congratulations and present her with the “Safety Day Award” of one day off with pay.

          

           GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 9th day of February, 2009.

Resolution No.  046-2009

Offered by: Camp               Second by: Newman

Adopted: February 9, 2009

Roll Call Vote:

NAME            YES        NO          ABSTAINED   ABSENT

Camp            __x___     _______    _________   ______

Conrad         __x___     _______     ­­­­­_________   ______

Corson          __x___     _______     _________   ______

Newman         __x___     _______    _________   ______

Palombo        __x___     _______    _________   ______

 

2.      Appointment of Lester Woody as a full-time employee to the Upper Township Public Works Department.

 

TOWNSHIP OF UPPER   

                        CAPE MAY COUNTY

                      R E S O L U T I O N

                    RESOLUTION NO. 047-2009

RE:  APPOINTMENT OF LESTER WOODY

AS A FULL-TIME EMPLOYEE

        TO THE UPPER TOWNSHIP PUBLIC WORKS DEPARTMENT

                              

 

 

WHEREAS, a need exists to appoint qualified personnel as full-time employees to the Upper Township Public Works Department to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of January 26, 2009; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken; and

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

1.  The allegations of the preamble are incorporated herein by this reference.

          2.   Lester Woody is hereby appointed in a full-time position effective January 30, 2009 at an annual salary of $35,982.00 in accordance with the Salary Ordinance.

3.        This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of January 26, 2009.

Resolution No.  047-2009

Offered by: Camp                   Seconded by:  Conrad

Adopted: February 9, 2009

Roll Call Vote:

NAME                 YES             NO             ABSTAINED    ABSENT

Camp               ____x______    __________   __________   ______­__

Conrad             ____x______    __________   __________   ________

Corson             ____x_____      __________   __________   ________

Newman          ____x______    __________   __________   ________

Palombo          ____x______    __________   __________   ________

 

 

3.      Cancel Tax Credit for County owned property.

                                              

                TOWNSHIP OF UPPERPRIVATE

                                                    CAPE MAY COUNTY

                                                      R E S O L U T I O N

                                                    Resolution No. 048-2009

CANCEL CREDIT COUNTY OWNED PROPERTY                  

            _______________________________________________________

 

                        WHEREAS, certain corrections have been recommended 

by the Upper Township Tax Collector in order to correct tax

 

records, and,

 

                        WHEREAS, Block 999 Lot 2, the Beesley’s Point 

 

Bridge, was deeded to the County of Cape May on December 30,  

2008 and is exempt for 2009,

 

 

                        WHEREAS, a credit of $4,616.68 remains on the 

 

Property as a result of the reval,

                                                

                        NOW, THEREFORE BE IT RESOLVED, by the

 

Township Committee of the Township of Upper, Cape May County,

 

that corrections to the Tax records are hereby authorized and

 

the Tax Collector is hereby directed to correct said records

 

or take such action as indicated:

 

         

                                    Cancel Credit $4,616.68 for 2009

 

 

Resolution No. 048-2009

Offered by: Camp           Seconded by:      Corson              

Adopted:  February 9, 2009                 

Roll Call Vote:

NAME                  YES            NO              ABSTAINED       ABSENT

CAMP                   __x___        _____          _____                    _____

CONRAD             __x___        _____          _____                    _____

CORSON             __x___        _____          _____                    _____

NEWMAN           __x___        _____          _____                    _____

PALOMBO          __x___        _____          _____                    _____

                       

                                                           

4.   A Resolution to amend Resolution No. 020-2009 that corrects the Risk Management Consultant Stipend to eighteen thousand forty eight dollars, ($18,048.00).

TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                      RESOLUTION NO. 049-2009

RE:  A RESOLUTION TO AMEND RESOLUTION NO. 020-2009 THAT

CORRECTS THE RISK MANAGEMENT CONSULTANT STIPEND TO

EIGHTEEN THOUSAND FORTY EIGHT DOLLARS, ($18,048.00)

 

______________________________________________________________________________

 

WHEREAS, Resolution No. 20-2009 authorized a contract with Kerry G. Thomson and Kerry G. Thomson Insurance Agency as Risk Management Consultant for the Township of Upper, however incorrectly listed the stipend; and

                             WHEREAS, the purpose of this Resolution is to set forth the correct stipend

 

authorized for the Risk Management Consultant as 6% of the Municipality’s annual assessment or

 

eighteen thousand forty  eight dollars, ($18,048.00);

 

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.

        2.              Resolution No. 20-2009 and contract attached hereto, insofar as it pertains to the various professional services to be performed by Kerry G. Thomson Insurance Agency as Risk Management Consultant on behalf of the Township of Upper relative to the Atlantic County Municipal Joint Insurance Fund and Municipal Excess Liability Joint Insurance Fund, is hereby amended to delete all reference to previous stipend amount and to substitute in place thereof the correct amount of Eighteen Thousand Forty Eight Dollars, ($18,048.00).

3.              Except as herein modified, all other provisions of Resolution No.

20-2009 shall remain in full force and effect.

 

 

Resolution No.  049-2009

Offered by: Conrad                                Seconded by: Newman

Adopted:  February 9, 2009

Roll Call Vote:

NAME                 YES                NO             ABSTAINED    ABSENT

Camp               ____x_____    __________   __________   ______­____

Conrad             ____x_____    __________   __________   __________

Corson             ____x_____    __________   __________   _________

Newman          ____x_____    __________   __________   __________

Palombo          ____x_____    __________   __________   __________

 

 

5.      Authorizing a Professional Services Contract with Pogue, Inc. T/A Pogue Safety &Health Consortium for an alcohol and controlled substances training and testing  program for certain Township employees.

 

TOWNSHIP OF UPPER      

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 050-2009

RE: AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH POGUE, INC.

T/A POGUE SAFETY & HEALTH CONSORTIUM FOR AN ALCOHOL AND CONTROLLED SUBSTANCES TRAINING AND TESTING PROGRAM FOR CERTAIN TOWNSHIP EMPLOYEES

______________________________________________________________________________

 

WHEREAS, the Omnibus Transportation Employee Testing Act of 1991 became applicable to the Township of Upper in 1996 in accordance with 49 C.F.R. §382.115(B) and mandates drug and alcohol testing for employees holding commercial driver’s licenses engaged in safety sensitive duties and further requires each employer to maintain a testing policy as required by 49 C.F.R. §382.401(C)(6)(ib); and

WHEREAS, the Township has previously determined to extend that policy to all employees working in hazardous or safety sensitive areas and also to public safety employees including the Division of EMS and Township lifeguards; and

WHEREAS, to administer such a program in accordance with the Federal rules, regulations and guidelines, it is necessary to employ the services of a firm possessing such specialized skill and training; and

WHEREAS, Pogue, Inc., t/a Pogue Safety & Health Consortium (hereinafter referred to as “Pogue”), has the required expertise and provides the same or similar services for several other municipalities; and

WHEREAS, Pogue has been performing such services in the Township of Upper

since in or about May of 1996 and proposes to continue to provide such services; and

WHEREAS, the Township Committee intends to engage the services of Pogue under a Professional Services Contract; and

WHEREAS, Pogue, Inc. t/a Pogue Safety & Health Consortium has completed and submitted a Business Entity Disclosure Certification which certify that the contractor 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 the contractor 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.             Pogue 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.

3.             The proposed Professional Services Contract between the Township and Pogue, 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 Contract on behalf of the Township of Upper and the Township Clerk is further authorized, directed and empowered to seal said Contract with the seal of the Township of Upper.

4.             The Township Clerk shall cause a Notice of Award of this Contract to be published in the official newspaper of the Township of Upper as required by N.J.S.A. 40A:11-5.

5.             This Contract has been awarded without competitive bidding for the following reason or reasons:

(A)          Professional services of the type herein sought are of such a nature as to require a high degree of trust or confidence in the individual providing the service and, in fact, may require the creation of a confidential or fiduciary relationship between that individual and the municipality;

(B)          The services required are highly specialized or technical in nature;

(C)          The services require peculiar ability or skill and demand a high degree of specialized knowledge or expertise;

(D)          The services are such that their relative work must be judged by subjective considerations that are not susceptible of valuation by competitive bidding; and

(E)          The individual who will provide these services has demonstrated his competence and particular expertise in the services required.

6. This Resolution shall take effect immediately and shall be deemed retroactive to January 1, 2009.

 

Resolution No. 050-2009

Offered by: Conrad                                                    Seconded by: Corson

Adopted: February 9, 2009

Roll Call Vote:

NAME                          YES           NO         ABSTAINED    ABSENT

Camp                     __x_______    __________   __________   ______­____

Conrad                  __x_______    __________   __________   __________

Corson                  __x_______    __________   __________   __________

Newman                __x_______    __________   __________   __________

Palombo               __x_______    __________   __________   __________

 

 

6.      Resolution Authorizing Tax Lien Foreclosures.

                                                                       

                                                   TOWNSHIP OF UPPER

                                                    CAPE MAY COUNTY

                                                      R E S O L U T I O N

                                            RESOLUTION   NO.   051 - 2009

RE:   AUTHORIZING INSTITUTION OF  FORECLOSURE  PROCEEDINGS

          OF TAX SALE CERTIFICATES AGAINST THE FOLLOWING                PARCELS:

                            BLOCK 753 LOT 3   ( Previously known as Block 518, Lot3)

                            BLOCK 809 LOT 4

                                                             _____________________________________                                                                            

 

WHEREAS, the Township of Upper has acquired ownership by way of

 

Assignment of two (2) Tax Sale Certificates (sometimes hereinafter referred to as “TSC”) as more specifically described in this Resolution; and

WHEREAS, both of the parcels covered by these TSCs are scheduled to be included in the Strathmere Beach Fill Project which is scheduled to commence in the near future; and

WHEREAS, it is the desire of the Township Committee to foreclose against the

parcels that are covered by these Tax Sale Certificates;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee in 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.   Special Counsel for the Township, Gruccio, Pepper, De Santo & Ruth, P.A. is

hereby authorized and directed to institute  Foreclosure proceedings forthwith against the following described parcels:

 

                                                       PARCEL A                         PARCEL B

                                                      Block 753 Lot 3                   Block 809 Lot 4

                                                      (Previously known as

                                                        Block 518 Lot 3)

                                                                                                                                          

 

 

Assignor:                                          John James Germanio              John James Germanio

Tax Sale Certificate No:                            19/78                                        199655

Date of Tax Sale:                                November 21, 1978                  June 5, 1996

Purchaser of TSC:                             John James Germanio               John JamesGermanio

Recording Information :                   Mortgage Book 959                 Mortgage Book 2551

                                                                   Page 613                                      Page 530

Assessed Owner :                                 Bertha Buxbaum                       Carol Greco         

 

3.   A copy of this Resolution shall be filed with the Tax Collector of the

Township of Upper.

4.   All appropriate Township officials are hereby directed to take all actions

 necessary to carry into effect the intent and purpose of this Resolution.

Resolution No.  051 - 2009

Offered By: Corson      Seconded by: Conrad

Adopted: February 9, 2009

ROLL CALL:             YES                NO                  ABSTAINED             ABSENT

Camp                             x                                                                                __________

Conrad                          x                                                                                __________ 

Corson                           x                                                                                __________                       

Newman                        x                                                                                __________              

Palombo                        x                                                                                __________               

 

 

  1. Resolution Authorizing Tax Lien Foreclosures.

                                                   TOWNSHIP OF UPPER

                                                    CAPE MAY COUNTY

                                                      R E S O L U T I O N

                                            RESOLUTION   NO.   052 - 2009

RE:   AUTHORIZING INSTITUTION OF IN REM FORECLOSURE                                                                                  PROCEEDINGS

GROUP NO.  150 (Revised)

and

RESCINDING RESOLUTION NO.  263-2008 WHICH WAS ADOPTED ON

OCTOBER 14, 2008

 

[ comprising 3 liens from Group 132; 2 liens from Group 134; and 1 lien from Group  138 ]

 

                                                                          _____________________________________                                                               

 

WHEREAS, the Township Committee has been advised by the Tax Collector

 

that she is in possession of numerous Tax Sale Certificates which are now eligible for

 

foreclosure in rem as more particularly described in Exhibit A attached hereto;  and

 

WHEREAS, it is the desire of the Township Committee to foreclose against the

 

parcels that are covered by these Tax Sale Certificates; and

 

WHEREAS, the Township Committee previously authorized in rem foreclosure

 

proceedings pursuant to Resolution 263-2008 which was adopted on October 14, 2008

 

and did thereafter determine to proceed against certain of the  parcels referenced therein by way of eminent domain proceedings and thus negated the need to proceed against the same parcels by way of in rem foreclosure;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee in 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.   Special Counsel for the Township, Gruccio, Pepper, De Santo & Ruth, P.A. is

hereby authorized and directed to institute In Rem Foreclosure proceedings pursuant to

the provisions of NJS 54: 5-104.29, et seq., against the Tax Sale Certificates held by it

and described in Exhibit A affixed hereto and made a part hereof.

3.   A copy of this Resolution shall be filed with the Tax Collector of the

Township of Upper.

4.   All appropriate Township officials are hereby directed to take all actions

 necessary to carry into effect the intent and purpose of this Resolution.

5.  Resolution 263-2008 adopted on October 14, 2008 is hereby rescinded for the reasons set forth herein.                                                                                                                                                                           

Resolution No. 052- 2009

Offered By: Camp     Seconded by: Corson

Adopted: February 9, 2009

ROLL CALL:             YES                NO                  ABSTAINED             ABSENT

Camp                             x                                                                                ________              

Conrad                           x                                                                               ________              

Corson                            x                                                                               ________              

Newman                          x                                                                                          __          

Palombo                          x                                                                                          __        

 

 

ORDINANCES

 

CORRESPONDENCE

 

NEW BUSINESS

 

8.  Upper Township Soccer Association request to hold a 50/50 raffle on

           March 27, 2009, RA-354.

              Jay Newman made a motion to approve, Richard Palombo seconded the motion.  During roll call vote four Committee members voted in affirmative, Frank Conrad abstained.

 

    9.  Historical Preservation Society request to renew/extend lease retroactive, an 

         additional  five years for second floor of the Tuckahoe Railroad Station. 

             It was discussed that a five-year term may be too lengthy however the lease provides an option of terminating it with a 60-day notice. There was further discussion that the lease also provides the Historical Society the option to extend it for a successive term of 5 years.  The Committee asked that the Historical Society revise their letter to more clearly state that they are exercising their option to extend the lease.  There was further discussion that the Train Station as well as the Gandy House and Friendship School leases should be reviewed and updated as necessary.  Also, that artifacts owned by the Township should be inventoried and documented as required by state statutes as well as for insurance purposes.

             

10.    Review and possible approval of a Township organizational chart.

   Frank Conrad made a motion to accept the chart as presented.  Jay Newman seconded with all five Committee members present voting in the affirmative.  The Mayor directed that copies be made available to each department.

 

UNFINISHED BUSINESS:

 

     11.  Draft copy of the Beach Management Plan.

           The purpose of the Plan is to provide protection for endangered and threatened beach-nesting birds and flora occurring on the Township beaches in the Strathmere and Whale Beach sections of Upper Township.  The Plan defines and describes the responsibilities of the Township, the NJ Div. Of Fish and Wildlife, and the U.S. Fish and Wildlife Services. The Municipal Engineer Paul Dietrich discussed that the plan includes compromises reached with the State DEP to change the use of particular areas of the beach at specific times of the year.  This pertains particularly to nesting locations of endangered bird species.  The plan does allow for emergency activity. Curtis Corson made a motion to accept the Beach Management Plan and to authorize the Mayor to sign the memorandum of agreement.  Motion was seconded by Jay Newman, with all five Committee members voting in the affirmative.  A resolution will be placed on a future agenda to accept the Beach Management Plan and to authorize the Mayor to sign a memorandum of agreement with the NJ Div. of Fish and Wildlife, and the U.S. Fish and Wildlife Services to mutually adopt the provisions of the Beach Management Plan. A copy of the draft plan has been scanned into the Minutes as follows.

 

 

 

 

 

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.  All five committee members voted in the affirmative.

 

 

Payroll:                                       $162,872.30

Bills submitted for payment:  $1,257,379.92

 

REPORT OF MUNICIPAL DEPARTMENTS:

 

12.  Construction Code

13.  Clerk’s Office

14.  Tax Assessor

15.  Finance Office

16.  MUA Report

Reports are available from the Clerk’s Office.

 

PUBLIC COMMENT

 

Jay Potter, Safety Coordinator, reported that both he and the JIF Coordinator have completed the annual inspection of all Township owned buildings.  He suggested that tenants of Township leased buildings follow a set policy and procedures listing emergency contacts, hours of operations, list of assets, and master key locations.  There was discussion that the matter should be sent to the Safety Committee to draft a set of policies and procedures for use by our tenants of Township owned buildings. 

 

Ted Kingston, Strathmere, asked several questions about the Strathmere beach fill easements, condemnations, and whether the DEP is ready to go to bid.

Mr. Young responded that at this time the DEP is satisfied with the current status of  the easements and the condemnations and that there are no current problems, however, there are two branches of the NJDEP involved that all information must be filtered through.  The Township has done everything on time plus the Whale Beach project was added. By obtaining the Whale Beach easements and condemnations this allowed the NJDEP to go back to the Commissioner and get that funding as well.  Paul Dietrich added that the NJDEP is waiting on information from some of the other shore towns before they can go out to bid.   Mayor Palombo interjected that the original $3.5 million project has grown to $8 million which will cover the natural lands from the north end all the way down to include Whale beach. 

Mr. Kingston asked how extensive would the fill be at the north end.  Mr. Dietrich responded that it would extend to the end of the stone riprap and north to the second row of timber that runs east/west, approximately 1000 feet from Lord’s house.

Mr. Kingston asked if the sand would be taken from the original channel, which is now blocked. He was answered in the affirmative.  He asked long does the bid process take.  Mayor Palombo responded the bid process can take about 2 weeks to review, 30 days

to award, and then mobilization by State could take up to 90 days and that the Township has no power over the mobilization but is doing everything it can to get the work started.  A specific date cannot be established at this time as it is in the States hands. 

 

Lynn Fayter, Strathmere, asked about the State Park and whether dredging will be stopped just west of Commonwealth.  She asked whether the State expected that this would fill in naturally over time and how long do they estimate that would take. Mr. Young responded that there is no hard fast rule but that over the next few years it appears that it will be naturally built back in.  She also questioned the dredging of the original channel to which Mr. Dietrich responded that the Army Corps. of Engineers has reviewed the area and has determined that the secondary channel needs to be closed off. 

 

There were no further speakers.

 

Motion was made by Frank Conrad, seconded by Barbara Camp to close the regular portion of the meeting and go into an executive session to discuss items previously identified as follows:  Daniel Young, has two matters for closed session; one potential Litigation matter regarding an MUA Convenience permit; and one Litigation matter regarding condemnation proceedings.  During roll call vote all five Committee members voted in the affirmative.

 

CLOSED SESSION

 

  1.   Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from                which the public shall be excluded.

 

RECONVENE PUBLIC PORTION OF MEETING

 

ADJOURNMENT

 

There being no further business this evening the meeting was adjourned at 9:15 P.M.  Next meeting scheduled for February 23, 2009 at 7:30 P.M.

 

 

                                                                        Minutes prepared by

 

 

                                                                        Wanda Gaglione, RMC

                                                                        Municipal Clerk

 

 

 48329 02/09/09 T0115 TURF & FARM SUPPLIES, INC. 899.98 2492

 48330 02/09/09 A0004 A+ COMMERCIAL OFFICE CLEANERS 250.00 2512

 48331 02/09/09 A0015 ADVANCE LEARNING 198.00 2512

 48332 02/09/09 A0018 ACTION SUPPLY INC. 247.44 2512

 48333 02/09/09 A0025 ADVANTAGE RENTAL ACE HARDWARE 793.91 2512

 48334 02/09/09 A0035 AIRLINE HYDRAULIC CORP. 600.00 2512

 48335 02/09/09 A0061 ASSOC. CERT. TAX ASSESSORS CMC 660.00 2512

 48336 02/09/09 A0086 AT&T MOBILITY 408.09 2512

 48337 02/09/09 A0091 ATLANTIC CITY ELECTRIC 20,531.85 2512

 48338 02/09/09 A0113 ARAWAK PAVING CO. INC. 10,997.44 2512

 48339 02/09/09 A0121 ABSECON RADIATOR SERVICE 410.00 2512

 48340 02/09/09 A0122 ANSELL,ZARO,GRIMM & AARON 26,512.64 2512

 48341 02/09/09 B0013 BRADCO SUPPLY CORP. 225.00 2512

 48342 02/09/09 B0020 BLAKER,RAYMOND 110.00 2512

 48343 02/09/09 B0068 BLACKLEDGE, MELISSA 45.00 2512

 48344 02/09/09 B0076 BOND,LAURENCE E. 40.00 2512

 48345 02/09/09 B0094 BROWN'S RIVER BINDERY, INC. 4,000.00 2512

 48346 02/09/09 B0142 BRINKERHOFF ENVIRONMENTAL 750.00 2512

 48347 02/09/09 B0148 BLUE FLAME/PARACO GAS 593.32 2512

 48348 02/09/09 B0152 BUCHANAN, KAREN A. 100.00 2512

 48349 02/09/09 B0184 BUSHONG, BRIAN 330.90 2512

 48350 02/09/09 C0003 CCC HEAVY DUTY TRUCK PARTS CO. 795.00 2512

 48351 02/09/09 C0010 CMC MUNICIPAL JUDGES ASSOC 75.00 2512

 48352 02/09/09 C0030 CAMP, BARBARA 48.00 2512

 48353 02/09/09 C0046 CAPE MAY COUNTY CLERK 16.00 2512

 48354 02/09/09 C0048 CAPE MAY COUNTY MUA 26,454.78 2512

 48355 02/09/09 C0052 CAPE MAY COUNTY TREASURER 1,083,345.27 2512

 48356 02/09/09 C0061 CAPRIONI SEWERAGE SERVICE 200.00 2512

 48357 02/09/09 C0068 COMCAST 256.49 2512

 48358 02/09/09 C0071 CAPEHART & SCATCHARD, P.A. 7,888.50 2512

 48359 02/09/09 C0116 CINTAS CORPORATION #158 108.40 2512

 48360 02/09/09 C0124 CMC MUNICIPAL CLERK'S ASSOC. 25.00 2512

 48361 02/09/09 C0143 CODY'S POWER EQUIPMENT 51.41 2512

 48362 02/09/09 C0171 COLONIAL ELECTRIC SUPPLY CO. 479.55 2512

 48363 02/09/09 C0201 CRUZAN'S TRUCK SERVICE INC. 16.28 2512

 48364 02/09/09 D0015 DAN'S WELDING 560.00 2512

 48365 02/09/09 D0040 DELTA DENTAL OF N.J. INC. 6,373.76 2512

 48366 02/09/09 E0030 EXECUTIVE BUSINESS PRODUCTS 556.38 2512

 48367 02/09/09 F0053 FORD, SCOTT & ASSOCIATES 6,500.00 2512

 48368 02/09/09 F0054 FORT DEARBORN LIFE INSURANCE 587.28 2512

 48369 02/09/09 G0002 GAGLIONE, WANDA 18.00 2512

 48370 02/09/09 G0044 GILES & RANSOME, INC. 1,256.40 2512

 48371 02/09/09 G0081 GRANT SUPPLY COMPANY, INC 2,300.61 2512

 48372 02/09/09 H0045 HICKMAN, DOUGLAS 1,426.70 2512

 48373 02/09/09 J0040 JOHNSON & TOWERS, INC. 2,324.54 2512

 48374 02/09/09 J0063 JOHNSON WILSHIRE, INC 343.10 2512

 48375 02/09/09 K0007 KACZMARSKI, RICHARD 48.00 2512

 48376 02/09/09 K0047 KLINE, EDWARD T. 20.00 2512

 48377 02/09/09 L0064 LITTLE LEAGUE BASEBALL, INC. 290.00 2512

 48378 02/09/09 M0055 MAY, JUDITH 28.00 2512

 48379 02/09/09 M0076 MGL PRINTING SOLUTIONS 110.00 2512

 48380 02/09/09 M0093 MINMAR MARINE INC. 35.15 2512

 48381 02/09/09 M0103 MODERN GAS COMPANY, INC. 295.26 2512

48382 02/09/09 M0128 MUNICIPAL CLERKS ASSOC. N.J. 175.00 2512

48383 02/09/09 M0193 MAYNE, MICHAEL 4.16 2512

48384 02/09/09 N0004 NJ-AMERICAN WATER CO. 25.25 2512

48385 02/09/09 N0043 NAPA AUTO PARTS OF S.JERSEY 111.18 2512

48386 02/09/09 N0052 NATL YOUTH SPORTS COACHED ASSN 2,360.00 2512

48387 02/09/09 N0089 NEXTIRAONE TA BLACK BOX 180.00 2512

48388 02/09/09 P0008 PALMER,NANCY 97.28 2512

48389 02/09/09 P0026 PAYNTER, JOSEPH 234.97 2512

48390 02/09/09 P0032 PEDRONI FUEL CO. 978.70 2512

48391 02/09/09 P0036 PENNELLO,DAVID 150.00 2512

48392 02/09/09 Q0008 QUILL CORPORATION 56.40 2512

48393 02/09/09 R0030 RIGGINS, INC. 3,935.56 2512

48394 02/09/09 R0055 ROSIAK, CAROL 12.00 2512

48395 02/09/09 R0062 RUTGERS, THE STATE UNIVERSITY 1,647.00 2512

48396 02/09/09 S0031 SCHULER SECURITY, INC. 216.00 2512

48397 02/09/09 S0097 SMH CPR TRAINING CENTER 140.00 2512

48398 02/09/09 S0112 SOUTH JERSEY COURT ADM. ASSOC. 30.00 2512

48399 02/09/09 S0126 SPIEGEL, BARBARA 28.18 2512

48400 02/09/09 S0216 DEPT.31 OOOO261489 323.37 2512

48401 02/09/09 T0005 TCTA OF NEW JERSEY 37.50 2512

48402 02/09/09 T0032 THE PRESS & SUNDAY PRESS 38.72 2512

48403 02/09/09 T0062 TOWNSHIP OF MIDDLE 2,987.60 2512

48404 02/09/09 T0067 TOWNSHIP OF UPPER PETTY CASH 23.75 2512

48405 02/09/09 T0074 TRANSAXLE LLC 522.68 2512

48406 02/09/09 T0131 TROUT, ROSEMARY 182.20 2512

48407 02/09/09 U0010 UPPER TOWNSHIP CHEERLEADING 1,278.75 2512

48408 02/09/09 U0012 U.T. SOCCER ASSOCIATION 1,073.75 2512

48409 02/09/09 U0025 UNITED STATES POSTAL SERVICE 2,000.00 2512

48410 02/09/09 V0005 VAN EMBDEN, NATHAN, ATTORNEY 1,132.50 2512

48411 02/09/09 V0013 VERIZON WIRELESS 225.80 2512

48412 02/09/09 V0022 VERIZON 53.37 2512

48413 02/09/09 V0026 VITAL COMPUTER RESOURCES, INC. 1,150.24 2512

48414 02/09/09 W0030 WEST PUBLISHING CO. 323.75 2512

48415 02/09/09 W0037 WALLACE REFRIGERATION 95.00 2512

48416 02/09/09 W0060 WOOLLEY, THOMAS 80.00 2512

48417 02/09/09 W0063 WRESTLER'S WORLD 190.07 2512

48418 02/09/09 Y0008 YOUNG, DANIEL J. ESQUIRE PC 23,664.78 2512

48419 02/09/09 Y0020 YOUNG, BARBARA L. 77.98 2512

====== 

Total Paid: $1,257,379.92

 

***