TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
MINUTES FOR (TUESDAY) MARCH 24, 2009
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
SUNSHINE ANNOUNCEMENT
SALUTE TO THE FLAG
After the flag salute Mayor Palombo asked for a few moments of silence in remembrance of our New Jersey State Police liaison Sgt. Dwight Payne who passed away unexpectedly.
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, Finance Officer Barbara Spiegel, Municipal Attorney Daniel Young, Municipal Engineer Paul Dietrich, and Leon Costello
Municipal Auditor.
APPROVAL OF MINUTES - March 9, 2009 Regular Meeting and
Motion was made by Curtis Corson, second by Jay Newman to approve the Minutes as written. Mrs. Camp abstained, the remaining four Committee members voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, commented on the untimely death of Sgt. Dwight Payne. He was a welcome presence in our community and will be greatly missed.
Mr. Conrad reported that both he and Mayor Palombo attended the ribbon cutting ceremony at Shore Veterinarians to open a section of their clinic for Beacon Animal Shelter adoptions. He complimented Shore Veterinarians for taking steps to include a non-profit within their profit organization.
Barbara Camp, reported that the wash bay (required by the State) should be completed by the end of this week, March 27th.
She also reported that the Township received recycling grant money and made a motion to purchase 200 Recycling cans to be distributed to our schools and some businesses within the Township. Mr. Corson seconded with all five Committee members voting in the affirmative. She also reported that Upper Township was number one again in the County for recycling as reported by the CMC MUA progress report. Mayor Palombo commented on the Township’s awareness of Going Green and its commitment to the environment.
Curtis Corson, Deputy Mayor, reported he has one item for closed session regarding the Union Contract.
Jay Newman, also commented on the loss of Sgt. Payne.
He reported on an email he received after the last meeting from a resident concerning the need for a full interchange at GSP Exit 20. Mr. Newman stated he is in favor of the resolution included in tonight’s meeting packet and noted that the Township has previously issued over the years more than 10 resolutions in this regard.
Frank Conrad added that due to attending the recent Transportation Conference in the county, we were able to direct this resolution to the person who specifically handles this task and hopefully that will make a difference.
Richard Palombo, Mayor reported that he was contacted by Laura Olson about installing nylon fencing along Roosevelt Boulevard (a County road) to prevent turtles from crossing the road and being killed by traffic. Laura Olson, of 2255 Rt. 9 No., Cape May Court House was present to address the Committee regarding the safety and nesting issues along this road. She discussed the safety risks to the public as they swerve, or stop to cross the turtles on this very busy road. She stated that she has the support of the Wet Lands Institute located in Stone Harbor and explained that the number of terrapins are diminishing and that it affects the environment. Turtles aide the natural cycle as scavengers and is an important filter for the ecosystem. Ms. Olson presented prices on fencing from the Wet Lands Institute and indicated that she has volunteers available to help achieve this project with both funding and installing the fencing. The type of fencing they install can remain in place year round. The fencing will also help prevent trash from blowing into the wetlands. Ms. Olson explained that the fencing must be installed prior to the turtle egg-laying season that starts in May and goes through the summer. It was discussed that it was too late to organize volunteer workers such as Eagle Scouts, or arrange for a Community Service Detail, or other volunteer groups, due to insurance requirements and regulations. Mr. Dietrich stated that the Co. Engineer Dale Foster did indicate in a previous conversation that they would allow fencing along Roosevelt Blvd.
It was discussed that perhaps the Road Department could install the fencing obtained by Ms. Olson, as this is not a budgeted item. The Committee will review it again at a future meeting if Ms. Olson can obtain funding for the fencing and materials. The turtle fencing could also be a future Eagle Scout project elsewhere in the Township.
Mayor Palombo was contacted by local fitness centers offering Township employees a reduced rate to join. He requested that a survey be taken as to the number of employees that would consider taking advantage of reduced rate gym and fitness memberships. He would like to include this as a negotiating tool with our health insurance providers. Ms. Spiegel reported that surveys are going out with upcoming paychecks.
He also has an item for closed session of litigation and an outside employee-personnel situation.
OTHER REPORTS
Daniel Young, Muncipal Attorney, has four items for closed session—Litigation-Grubb vs. Upper Township, Litigation—Condemnation issues, Litigation-tax appeals, and Contract Negotiations--for payroll services.
Mr. Young discussed a letter regarding the condition of the Whittier Avenue Bulkhead in Strathmere. The street-end bulkhead is in need of major repair and a marina operating at the site significantly encroaches onto the public right-of way. In addition, the NJDEP has advised that vacating this street end would not impact our public access inventory that is a necessary part of the imminent beach fill project. It was discussed that previously this street-end was scheduled to be vacated by ordinance however the ordinance was withdrawn so as not to set precedence. It was further discussed that Whittier Avenue bulkhead is distinguishable from other street ends in that the marina’s encroachment cannot be easily solved without destroying the business and that the best course of action is to vacate it.
Mayor Palombo stated that there have been requests from several other residents to vacate their street ends. However this street end bulkhead is a unique situation in that it is in need of major repairs. It is estimated that the repairs to Whittier Avenue bulkhead could cost over $75,000. If we vacate it through an ordinance, any repairs and maintenance would become the responsibility of the other contiguous land owners.
Mr. Dietrich asked Mr. Young, “are we at the point now that we must decide whether we
vacate it or proceed with permitting process of repairing bulkhead and notifying adjacent
property owner he has to close his business?” He added that the main issue at this point is the preparation of the Beach Access Plan – if we vacate it before the plan is set it does not get included in the Beach Access Plan. Mr. Young concurred.
Mr. Corson asked if by vacating this street will this set a precedence? Mayor Palombo added
that this is what seemed to occur when brought up initially – as several other residents made the same request – but he feels vacating the street would be for the overall betterment of the Township. Mr. Corsons’ final statement was that by not vacating the street the Township would essentially force the Marina to close, put a man out of business, and lose his livelihood. Mr. Young offered to draft Ordinance to Vacate the Street for next meeting.
Mr. Young then discussed the NJDEP’S request for a resolution to allow contractors to work 24 hours per day, 7 days per week during the beach replenishment, if necessary. Motion made by Curtis Corson, second by Jay Newman to permit around the clock work on the Beach Replenishment project. During roll call vote all five Committee members voted in affirmative. Please see Resolution No. 079-2009 further into the Minutes for
It was also discussed that a sub-contract had been received for the Municipal Alliance Committee program and a copy of it was in the meeting packets. A new resolution is not necessary because a resolution was previously adopted for this contract. The Township MAC was notified that the program funding might change due to the State Budget. Mr. Young reported that he discussed this issue with Michelle Previti and she advised Ocean City said they would work with us if State funding changed. He did not see any other issues with the contract.
Barbara Spiegel, Finance Officer, presented three proposals she obtained for the budgeted payroll services. They where from CASA, Paychex, and ADP. Mr. Young interjected he had reviewed these proposals. The proposal Ms. Spiegel is recommending does not allow the payroll company access to the Township bank account; she would have to release the money for the payroll checks. This service will free up time for Ms. Spiegel as she currently spends one to two days preparing payroll.
Curtis Corson commented that the Township Auditor highly recommended CASA. Also, that originally the Township was considering hiring a part-time person to assist in Ms. Spiegel’s office; this service would take the place of that. Curtis Corson made motion to accept the proposal from CASA, Jay Newman seconded with all five Committee members voting in the affirmative.
Paul Dietrich, Township Engineer, reported that he met last week with the Smart Growth officials regarding the Plan Endorsement Petition, Recertification, and Implementation agenda. The Officials where pleased with our program and will endorse recertification at their next meeting in Trenton.
Regarding the status of Sam’s Gas Station on Route 50, Mr. Dietrich reported that due to new employees the case sat unopened on a shelf at the NJDEP for months. A new person will be assigned to the case.
Mr. Dietrich also looked into the traffic light at Hope Corson Road and Route 50. There is a disagreement between the state and the county. Mayor Palombo suggested Mr. Dietrich, set up conference call between himself, County, and the DOT to attempt to facilitate the process.
He discussed the introduction at the last meeting of Ordinance No. 008-2009, for the street vacation of Atlantic Ave. He reported that the legal description given to Mrs. Townsend needs to be amended. Both he and Mr. Young have contacted Mrs. Townsend and will resolve the issue.
He reported on the informal meeting that was set up between Mayor Palombo, Deputy Mayor Corson, Paul Dietrich, and several Strathmere residents. They agreed to meet and review erosion issues occurring at north end of Strathmere. After the meeting, Mr. Dietrich took measurements at six locations, two of which did show minor loses. Erosion has advanced on the bay side. He will continue to monitor it. Mayor Palombo added that the main emphasis of the meeting is that the beach replenishment project is the main focus and that it is still on track.
It was also discussed that Dr. Farrell should be consulted as a proactive measure.
2009 BUDGET
1. Public Hearing and Final Adoption of Ordinance No. 006-2009, Re: CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14).
This ordinance makes it possible to increase the Budge CAP from 2.5% to 3.5% over last years Budget. During the Public Comment section of the hearing there were no speakers from the public. Motion by Curtis Corson, second by Barbara Camp to adopt Ordinance No. 006-2009. During roll call vote all five Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
ORDINANCE
ORDINANCE NO. 006-2009
RE: CALENDAR YEAR 2009
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Township Committee of the Township of Upper in the County of Cape May finds it advisable and necessary to increase its CY 2009 budget by up to 1% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Township Committee hereby determines that a 1% increase in the budget for said year, amounting to $85,939.09 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Upper, in the County of Cape May, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Township of Upper, shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 1%, amounting to $300,786.92, and that the CY 2009 municipal budget for the Township of Upper be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
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 23TH OF FEBRUARY, 2009. IT WAS PREVIOUSLY SCHEDULED TO BE TAKEN UP FOR CONSIDERATION AS TO PUBLIC HEARING ON THE 23RD OF MARCH, 2009 WHICH SAID MEETING WAS RESCHEDULED TO TUESDAY THE 24TH DAY OF MARCH, 2009 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
2. Resolution authorizing the reading of the 2009 Annual Municipal Budget by title only.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N NO. 076-2009
RE: AUTHORIZING THE READING OF THE 2009
ANNUAL MUNICIPAL BUDGET BY TITLE ONLY
_________________________________________________________________________
WHEREAS, N.J.S.A. 40:A4-8 authorizes the reading of the budget by title only at the public hearing thereon, provided certain requirements are met; and
WHEREAS, the Township Committee of the Township of Upper is satisfied that such conditions have been satisfied.
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 majority of the full membership concurring, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee of the Township of Upper finds and determines that:
A. At least one (1) week prior to the date of this hearing, a complete copy of the approved budget, as advertised, was posted in the Township Hall, the principal municipal building of the municipality, and was made available to each person requesting the same during the week immediately preceding the public hearing and is available to each person requesting a copy during the public hearing, as required by N.J.S.A. 40A:4-8.
B. The Township Committee of the Township of Upper hereby determines and declares that the conditions set forth in subsection 1.a and 1.b of N.J.S.A. 40A:4-8 have been met.
C. The Township Committee of the Township of Upper hereby determines that the 2009 Municipal Budget of the Township of Upper shall be read by its title only at the public hearing to be conducted thereon.
Resolution No. 076 -2009
Offered by: Corson Seconded by: Conrad
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x___ _____ _____ _____
Conrad __x___ _____ _____ _____
Corson __x___ _____ _____ _____
Newman __x___ _____ _____ _____
Palombo __x___ _____ _____ _____
3. 2009 BUDGET--PUBLIC HEARING
During the public hearing portion of the Budget there were no speakers from the public. The Mayor closed the public comment section of the hearing and brought the discussion back to the Committee. Committeeman Curtis Corson stated that the State Aid the Township is receiving for 2009 is $6,403,875; this is $266,828 less than what was anticipated and what was received in 2008. The 2009 Budget as presented must be amended and reduced by that amount, ($266,828). The Committee discussed items to cut in order to reduce the Budget and the list formulated is as follows:
CAPITAL
Purchase Road Equipment-Service Truck $30,000.00
Repairs to Municipal Bldgs.,-old salt barn roof $ 2,500.00
Repairs to Municipal Bldgs.,-general $ 5,000.00
2009 Paving Program $55,000.00
Repairs to Municipal Bldgs.,-Rescue Sq. renov. $ 4,800.00
Purchase Office Equipment-Rescue Sq. $ 4,000.00
O/E
Computer Services-upgrade 3 computers $ 3,000.00
UTTV2-supplies $ 424.00
Engineering Services-other expenses $10,000.00
RECREATION
New Equipment $54,500.00
Retro fit bleachers with rails $35,904.00
Sealing of tennis/basketball courts $10,000.00
BEACH PATROL
Forcefield board 12’ $ 1,700.00
CAPITAL IMPROVEMENT BUDGET
Beach Replenishment fund $50,000.00
___________
$266,828.00
The following resolution was presented for adoption. Motion was made by Curtis Corson, second by Barbara Camp to adopt the following resolution that amends the 2009 Budget. During roll call vote all five Committee members voted in the affirmative. The public hearing and final adoption on the amended Budget is scheduled for April 13, 2009 at 7:30 P.M.
4. Resolution-Emergency Temporary Budget.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 078-2009
RE: 2009 EMERGENCY TEMPORARY BUDGET
___________________________________________________________________
WHEREAS, N.J.S.A. 40;A4-19 provides that the governing body shall by Resolution adopted prior to January 31 of the fiscal year make appropriations to provide for the period between the beginning of the fiscal year and the adoption of the Budget; and
WHEREAS, there is a need to increase certain line items in the Temporary Budget until adoption of the Budget takes place.
NOW, THEREFORE BE IT RESOLVED, that the following appropriations shall constitute the Emergency Temporary Budget for the year 2009:
ADMINISTRATIVE & EXECUTIVE
INCREASE TO:
Mayor and Committee
Salary and Wages 15,500.00 19,375.00
Mayor and Committee O/E 5,000.00 6,250.00
Municipal Clerk
Salary and Wages 46,000.00 57,500.00
OTHER EXPENSES
Legal Advertising 8,000.00 10,000.00
Miscellaneous O/E 12,000.00 15,000.00
Purchase of Office Equipment 5,000.00
Codification of Ordinances 2,988.00
MAC 6,867.00
Cape Mediation 1,364.00
Cape Assist EAP 1,045.00
FINANCIAL ADMINISTRATION
Salaries & Wages 38,000.00 47,500.00
Miscellaneous O/E 3,000.00 6,000.00
Computer Hardware/Software 20,000.00
Annual Audit 17,000.00 22,000.00
ASSESSMENT OF TAXES
Salaries & Wages 30,000.00 37,500.00
Miscellaneous O/E 4,000.00 5,000.00
COLLECTION OF TAXES
Salaries & Wages 38,000.00 47,500.00
Miscellaneous O/E 5,000.00 6,250.00
Purchase TTL 1,000.00
LIQUIDATION OF TTL & FORECLOSED PROPERTY
INCREASE TO:
Other Expenses 1,000.00
LEGAL SERVICES AND COSTS
Salaries & Wages 16,000.00 20,000.00
Other Expenses 25,000.00 31,250.00
MUNICIPAL COURT
Salaries & Wages 40,000.00 50,000.00
Miscellaneous O/E 5,000.00 6,250.00
PUBLIC DEFENDER
Salaries & Wages 4,500.00 5,625.00
MUNICIPAL PROSECUTOR
Salaries & Wages 7,000.00 8,750.00
ENGINEERING SERVICES & COSTS
Salaries & Wages 22,000.00 27,500.00
Other Expenses 30,000.00
PUBLIC BUILDINGS & GROUNDS
Salaries & Wages 28,000.00 35,000.00
Other Expenses 88,300.00 110,375.00
PLANNING BOARD
Salaries & Wages 9,000.00 11,250.00
Other Expenses 3,000.00 3,750.00
BOARD OF ADJUSTMENT
Salaries & Wages 9,000.00 11,250.00
Other Expenses 3,000.00 3,750.00
CONSTRUCTION OFFICE & BUILDING INSPECTOR
Salaries & Wages 42,000.00 52,500.00
Other Expenses 3,000.00 3,750.00
GYPSY MOTH PROGRAM
Other Expenses 1,000.00
INSURANCE
Group Insurance for Employees 360,000.00 450,000.00
Other Insurance Premiums 80,000.00 100,000.00
Workers Compensation 80,000.00 115,500.00
SCHOOL CROSSING GUARD
Salaries & Wages 2,500.00 3,125.00
Miscellaneous O/E 500.00
INCREASE TO:
BEACH PATROL
Salaries & Wages 6,000.00
Other Expenses 4,000.00
EMERGENCY MANAGEMENT/RTK/911 COORDINATOR
Salaries & Wages 5,500.00 6,875.00
Miscellaneous O/E 10,000.00 12,500.00
ROAD REPAIRS & MAINTENANCE
Salaries & Wages 250,000.00 312,500.00
Miscellaneous O/E 50,000.00 62,500.00
SURFACING OF ROADS CONTRACTUAL 25,000.00 (15,000.00)
STREET LIGHTING 75,000.00 93,750.00
GARBAGE & TRASH REMOVAL
Salaries & Wages 95,000.00 118,750.00
Miscellaneous O/E 50,000.00 62,500.00
Tipping Fees 71,000.00 88,750.00
BOARD OF HEALTH
Salaries & Wages 550.00
Miscellaneous O/E 5,000.00 6,250.00
DOG REGULATION
Miscellaneous O/E 25,000.00 31,250.00
PUBLIC RELATIONS & INFORMATION OFFICER
Salaries & Wages 3,100.00 3,875.00 Miscellaneous O/E 5,000.00
ZONING/CODE OFFICIAL
Salaries & Wages 5,000.00 6,250.00
Miscellaneous O/E 1,500.00 1,875.00
RECREATION
Salaries & Wages 160,000.00 200,000.00
Miscellaneous O/E 72,000.00 90,000.00
FIRST AID ORGANIZATION
Salaries & Wages 135,000.00 168,750.00 Miscellaneous O/E 28,000.00 35,000.00
RECYCLING
Salaries & Wages 165,000.00 206,250.00
Miscellaneous O/E 21,000.00 26,250.00
INCREASE TO:
AFFORDABLE HOUSING
Salaries & Wages 2,500.00 Miscellaneous O/E 2,300.00 2,875.00
COMMUNITY CENTER
Salaries & Wages 8,200.00 10,250.00
Miscellaneous O/E 12,000.00 15,000.00
CELEBRATION OF PUBLIC EVENTS 3,000.00 3,750.00
SOCIAL SECURITY SYSTEM 83,000.00 103,750.00
SPECIAL LITIGATION 44,000.00 55,000.00
SUI CONTRIBUTION 6,200.00 7,750.00
SHORE PROTECTION O/E 40,000.00
BEACH REPLENISHMENT 40,000.00
CENTRAL DISPATCH 60,000.00 75,000.00
RENOVATIONS HISTORICAL BUILDING 5,000.00
MAC GRANT 27,469.00
ALCOHOL & DRUG TESTING 8,500.00
MASTER PLAN/COAH 5,000.00 6,250.00
REPAIRS MUNICIPAL BUILDING 20,000.00
COMP. ABSENCES RESERVES 100.00
PERS 271,191.00
SMART GROWTH GRANT 50,000.00
________________
$3,075,674.00
Resolution No. 078-2009
Offered by: Corson Seconded by: Conrad
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x___ _____ _____ _____
Corson __x___ _____ _____ _____
Newman __x___ _____ _____ _____
Palombo __x___ _____ _____ _____
4a. Affirming the ability of the New Jersey Department of Environmental Protection and its Contractor(S) to work on a Twenty‑Four Hour Basis, Seven Days Per Week In Connection With a Beach Replenishment Project
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 079-2009
RE: AFFIRMING THE ABILITY OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ITS CONTRACTOR(S) TO WORK ON A TWENTY‑FOUR HOUR BASIS, SEVEN DAYS PER WEEK IN CONNECTION WITH A BEACH REPLENISHMENT PROJECT
_____________________________________________________________________
WHEREAS, the New Jersey Department of Environmental Protection (DEP), periodically serves as the lead agency in connection with certain beach replenishment projects in the Township of Upper; and
WHEREAS, on such occasions it is necessary for the contractor to be able to work on a twenty-four hour basis, seven days per week, in order to complete the project in a timely fashion and take advantage of natural conditions; and
WHEREAS, it appears that there is no local ordinance that would prohibit such a work schedule; and
WHEREAS, the Township of Upper retains authority to grant an emergency waiver of any ordinance that might interfere with such a work schedule;
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:
SEQ ě_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ě_0 \* Arabic \n2. There appear to be no local ordinances that would prohibit a twenty-four hour, seven days per week work schedule for this project.
SEQ ě_0 \* Arabic \n3. In the event that a local ordinance would potentially impact the ability of this work schedule, then the Township Committee will declare an emergency and issue a waiver of such ordinances for the duration of the project.
SEQ ě_0 \* Arabic \n4. 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. 079-2009
Offered by: Corson, Seconded by: Newman
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x
Conrad x
Corson x
Newman x
Palombo x
5. Honoring Webelos Scouts Of Cub Scout Pack 55, William Phillips and Joshua Breslin on attaining the Arrow of Light Award.
The Township Committee presented each Cub Scout with a resolution. Family and friends were present to congratulate the boys.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 080-2009
RE: HONORING WEBELOS SCOUTS OF CUB SCOUT PACK 55,
WILLIAM PHILLIPS AND JOSHUA BRESLIN ON ATTAINING
THE ARROW OF LIGHT AWARD
WHEREAS, the Webelos Scouts of Cub Scout Pack 55, have recently achieved the Arrow of Light Award, which is the highest level of advancement for a Cub Scout; 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 these graduating Webelos Scouts on the occasion of their receiving the Arrow of Light Award and commends them for this outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to their 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 24th day of March, 2009.
Resolution No. 080- 2009
Offered by: Conrad Seconded by: Newman
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x____ _________ _______ _______
Conrad __x____ _________ _______ _______
Corson __x____ _________ _______ _______
Newman __x____ _________ _______ _______
Palombo __x____ _________ _______ _______
6. Appointing Wanda Gaglione as the Upper Township Personnel Officer.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 081-2009
RE: APPOINTING WANDA GAGLIONE
AS THE UPPER TOWNSHIP PERSONNEL OFFICER
_________________________________________________________________
WHEREAS, Theresa Smuz has submitted a resignation from the position of Personnel Officer due to personal reasons, said resignation to become effective February 26, 2009; and
WHEREAS, said resignation creates a vacancy in the title of Personnel Officer; and
WHEREAS, the Township Committee duly considered this matter at its regular meeting held on March 9, 2009 and made an appointment for Wanda Gaglione to fill the vacancy which is hereby ratified and confirmed through this resolution;
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. Wanda Gaglione is hereby appointed as Personnel Officer of the Township of Upper effective February 27, 2009, with a stipend of $3,000.00 per year.
Resolution No. 081-2009
Offered by: Corson Seconded by: Newman
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x____ __________ __________ __________
Conrad __x____ __________ __________ __________
Corson __x____ __________ __________ __________
Newman __x____ __________ __________ __________
Palombo __x___ __________ __________ _______
7. Reappointment of Paul Dietrich as Municipal Engineer, effective April 1, 2009.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 082-2009
RE: REAPPOINTMENT OF PAUL DIETRICH
AS MUNICIPAL ENGINEER, EFFECTIVE APRIL 1, 2009.
_______________________________________________________________
WHEREAS, N.J.S.A. 40A:9-140 requires every municipality to appoint a Municipal Engineer and provides for a term of office of three (3) years, unless otherwise provided by law; and
WHEREAS, this municipality operates under the Township form of government and the term of office of the Municipal Engineer is three (3) years; 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. Paul Dietrich, of 235 Tyler Road, Dennisville, New Jersey 08270, is hereby reappointed as Municipal Engineer for the Township of Upper, effective April 1, 2009.
3. Compensation shall be at an annual salary of Eighty Four Thousand, Three Hundred Dollars ($84,300.00) and the other terms and conditions of such employment shall be as set forth in the Contract to be entered into between the Township of Upper and said Paul Dietrich for such professional services.
4. Said compensation shall include representation of the Upper Township Zoning Board of Adjustment and the Upper Township Planning Board.
5. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Mr. Dietrich in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed in Paragraphs 3 and 4 hereof.
6. 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.
Resolution No. 082-2009
Offered by: Camp Seconded by: Newman
Adopted:March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x______ __________ __________ __________
Conrad ____x______ __________ __________ __________
Corson ____x______ __________ __________ __________
Newman ____x______ __________ __________ __________
Palombo____x______ __________ __________ __________
- In Support of the construction of a full-service interchange at Exit 20 on the Garden State Parkway, Seaville, Upper Township, Cape May County, New Jersey.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 083-2009
RE: IN SUPPORT OF THE CONSTRUCTION OF A FULL-SERVICE INTERCHANGE
AT EXIT 20 ON THE GARDEN STATE PARKWAY,
SEAVILLE, UPPER TOWNSHIP,
CAPE MAY COUNTY, NEW JERSEY
_______________________________________________________________
WHEREAS, Exit 20 of the Garden State Parkway is located in Seaville, in the Township of Upper, and is limited in that it provides an exit for northbound traffic only and an entrance for southbound traffic only; and
WHEREAS, Exit 20 is located at or near the intersection of U.S. Route 9 and Route 50; and
WHEREAS, the Township of Upper has for the past twenty (25) years, through formal action of the Township Committee, repeatedly requested that the New Jersey Highway Authority construct a full interchange at this location (Exit 20) which would provide an entrance and exit for both northbound and southbound traffic; and
WHEREAS, the Township of Upper has previously adopted resolutions in support of a full interchange at Exit 20 as follows: Resolution No. 088-2004, adopted April 5, 2004; Resolution No. 106-7-2000, adopted July 24, 2000; Resolution 81-7-1996, adopted July 8, 1996; Resolution No. 80-7-1996, adopted July 8, 1996; Resolution No. 115-9-1997, adopted September 22, 1997; Resolution No. 115-12-1990, adopted December 21, 1990; Resolution No. 31-3-1990, adopted March 12, 1990; Resolution No. 20-2-1990, adopted February 13, 1990; Resolution No. 72-1987, adopted September 8, 1987; and Resolution No. 23-1986, adopted January 20, 1986, copies of which are annexed to this Resolution as Exhibits “A” through “J”, respectively; and
WHEREAS, the Township Committee wishes to, once again, reiterate its continuing request for, and complete support of, the construction of a full interchange at this location on the Garden State Parkway; and
WHEREAS, the construction of such a full interchange at Exit 20 on the Garden State Parkway is vitally necessary at this time and further delay will be contrary to the public health and safety.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee does hereby, once again,
formally endorse and urge the construction of a full
interchange at Exit 20 on the Garden State Parkway in
Upper Township, Cape May County, New Jersey.
3. The term “full interchange” as used in this Resolution shall mean both entrance and exit ramps for both northbound and southbound traffic on the Garden State Parkway.
4. The Township Committee further urges that the construction of this interchange be accomplished without further delay and further public inconvenience in the furtherance of the interests of public safety.
5. Certified copies of this Resolution shall be forwarded to John T. Withers, P.E., P.P. Supervising Engineer of Highways, New Jersey Turnpike Authority, Garden State Parkway, P. O. Box 5050, Woodbridge, New Jersey 07095-5050 and also to the following:
New Jersey Department of Transportation
6. Copies of this Resolution shall also be sent to Senator Jeff Van Drew, Assemblyman Nelson Albano, Assemblyman Matt Milam, the Cape May County Board of Chosen Freeholders, the Township of Dennis, the City of Sea Isle City and the City of Ocean City.
Resolution No. 083-2009
Offered by: Newman Seconded by: Conrad
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x _____
Corson x ______
Conrad x ______
Newman x ______
Palombo x ______
- Approving the application of the Marmora Volunteer Fire Co. for highway coin drops.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.084-2009
RE: APPROVING THE APPLICATION OF THE MARMORA VOLUNTEER FIRE CO. FOR HIGHWAY COIN DROPS
_______________________________________________________________
WHEREAS, the Marmora Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold coin drop solicitations in Upper Township; and
WHEREAS, the Township Committee has approved the requests; and
WHEREAS, the requests require approval from the County of Cape May;
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 application of the Marmora Volunteer Fire Co.
to hold a coin drop within Upper Township on County Route
623 (Roosevelt Boulevard) and Vernon Avenue is hereby approved for the following dates:
Saturday, July 4, 2009, and Saturday, July 18, 2009 from 9:00 a.m. to 3:00 p.m.;
AND
Saturday, August 1, 2009 and Saturday, August 8, 2009 from 9:00 a.m. to 3:00 p.m.
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 084-2009
Offered by: Palombo Seconded by: Corson
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ __________
Conrad ____x_____ __________ __________ __________
Corson ____x_____ __________ __________ __________
Newman __________ __________ ____x_____ __________
Palombo ____x_____ __________ __________ __________
- Approving the application of the Tuckahoe Volunteer Fire Co. for highway coin drops.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 085-2009
RE: APPROVING THE APPLICATION OF THE TUCKAHOE VOLUNTEER FIRE CO. FOR HIGHWAY COIN DROPS
_______________________________________________________________
WHEREAS, the Tuckahoe Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold coin drop solicitations in Upper Township; and
WHEREAS, the Township Committee has approved the requests; and
WHEREAS, the requests require approval from the County of Cape May and the State of New Jersey;
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 application of the Tuckahoe Volunteer Fire Co. to hold a coin drop within Upper Township is hereby approved for the following dates and locations:
Intersection of Routes 49 & 50
Friday, July 24, 2009 from 5:00 p.m. to 9:00 p.m. AND
Saturday, July 25, 2009 from 9:00 a.m. to 3:00 p.m.
AND
Intersection of Co. Route 617 & Route 49
Sunday, July 26, 2009 from 3:00 p.m. to 8:00 p.m.
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the State of New Jersey, Department of Transportation and the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 085-2009
Offered by: Newman Seconded by: Corson
Adopted: March 24, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ _________
Conrad ____x_____ _________ _________ __________
Corson ____x_____ __________ __________ __________
Newman ____x_____ __________ __________ __________
Palombo ____x_____ __________ __________ __________
- Authorizing the execution of a Shared Services Agreement with the City of Ocean City to provide Public Safety Answering and Dispatch Services and Associated Computer-Aided Dispatch Service.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 086-2009
RE: AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT WITH THE CITY OF OCEAN CITY TO PROVIDE PUBLIC SAFETY ANSWERING AND DISPATCH SERVICES AND ASSOCIATED COMPUTER-AIDED DISPATCH SERVICE
___________________________________________________________________________
WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et. seq., (“Act”) provides that any local governmental unit may enter into a contract with any other local governmental unit to provide or receive any service that each local unit is empowered to provide or receive within its own jurisdiction; and
WHEREAS, the City of Ocean City and the Township of Upper have heretofore entered into an Agreement whereby the City of Ocean City has provided public safety answering and dispatch services and associated computer-aided dispatch service for Upper Township fire and rescue units and the New Jersey State Police; and
WHEREAS, Ocean City and Upper Township have agreed to enter into a new Agreement for a term of five years, commencing on January 1, 2009 and continuing through December 31, 2013; and
WHEREAS, the Township of Upper and Ocean City deem that a Shared Services Agreement for the purposes expressed herein is in the mutual interest of both parties and is also in the public interest such that the sharing of this service will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee, the governing body of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. SHARED SERVICES AGREEMENT. Pursuant to the provisions of the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et. seq., the Township of Upper is hereby authorized and empowered to enter into a Shared Services Agreement with Ocean City pertaining to Ocean City providing public safety answering and dispatch services and associated computer-aided dispatch service to Upper Township.
2. SERVICES TO BE PROVIDED BY CONTRACT. The Shared Services Agreement authorized in paragraph 1 shall delineate the services, promises and covenants of each party and a copy of such Agreement shall be maintained by the Township Clerk and shall be available for public inspection.
3. AUTHORIZATION TO MUNICIPAL OFFICIALS. The appropriate Township officers and officials are hereby authorized to take any action necessary or advisable to carry out the intent and purpose of this Resolution. Specifically, the Mayor and Township Clerk are hereby authorized and directed to execute such Shared Services Agreement on behalf of the Township of Upper pursuant to the authority conferred by this Resolution. The Township Clerk is further authorized and directed to seal the Agreement with the official seal of the Township of Upper.
4. COMPLIANCE WITH STATUTORY REQUIREMENTS. The Shared Services Agreement between the Township of Upper and Ocean City City meets and satisfies the requirements of N.J.S.A. 40A:65-7, as may be amended and supplemented.
5. CONTRACT TERM. This Resolution authorizes a Shared Services Agreement for a duration of five (5) years from the date of the Agreement, unless sooner terminated or modified by either of the parties as provided in the Agreement.
6. SEVERABILITY. If any action, subsection, paragraph, sentence or other part of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Resolution, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Resolution directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Resolution shall remain in full force and effect.
7. REPEALER. All Resolutions or parts of Resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency only.
Resolution No. 086 -2009
Offered by: Newman Seconded by: Palombo
Adopted: March 23, 2009
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x ___
Conrad x ___
Corson x ___
Newman x ___
Palombo x ___
ORDINANCES
- Public Hearing and Final Adoption of Ordinance No. 007-2009, RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VIII (ANIMAL CONTROL) OF THE CODE OF UPPER TOWNSHIP. (Dogs on Beach)
During the public comment section of the hearing there where no speakers from the audience. It was discussed that this ordinance coordinates with the Beach Management Plan, the dates that dogs are allowed on beaches. Motion to adopt by Jay Newman, second by Frank Conrad. During roll call vote all five Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 007-2009
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VIII (ANIMAL CONTROL) 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 VIII, Section 8-5.4b, of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be revised as follows:
8-5.4b Public Parks, Playgrounds, Public Facilities and Beach Areas; Seeing-Eye
Dogs; Designated Areas; Exceptions.
No dog, other than a bona fide seeing-eye dog while under the care of its master or trainer as herein above defined, shall be permitted on the beach from March 15 through September 30 of each year. From October 1 through March 14, dogs shall be permitted on the beach, subject to the provisions of subsection 8-5.3 above.
SECTION 2: 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 3: 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 4: EFFECTIVE DATE: This Ordinance shall take effect upon final adoption and publication as required by law.
SECTION 5: 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 23rd DAY OF FEBRUARY, 2009. IT WAS PREVIOUSLY SCHEDULED TO BE TAKEN UP FOR CONSIDERATION AS TO A PUBLIC HEARING ON THE 23RD DAY OF MARCH, 2009, WHICH SAID MEETING WAS RESCHEDULED TO TUESDAY THE 24TH DAY OF MARCH, 2009 AT 7:30 P.M. AT WHICH TIME THE MATTER WILL BE TAKEN UP AS TO PUBLIC
HEARING AND FINAL ADOPTION AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY. BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
Wanda Gaglione
Township Clerk
- Introduction and First Reading of Ordinance No. 010-2009 RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER X OF THE CODE OF UPPER TOWNSHIP. (Construction fees)
Motion was made by Jay Newman, second by Curtis Corson to introduce Ordinance No. 010-2009 with public hearing and final adoption set for April, 27, 2009 at 7:30 PM. During roll call vote all five Committee members voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 010-2009
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER X 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 10 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:
10-1.3 Fees. The fees to be charged and collected by the Construction Official of the Township, as well as the subcode officials of the Township, shall be as follows:
a. Special Permit Fees.
1. Demolition Fees. The fee for a demolition or removal permit shall be $54.00 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one or two family residences (use group R-5 of the building subcode), and structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $80.00 for all other use groups.
2. Sign Permits. The fee for a permit to construct a sign shall be in the amount of $1.55 per square foot of surface area of the sign, computed on one side only for a double faced sign. The minimum permit fee for a sign shall be $54.00.
3. Swimming Pool Permits. The building subcode fee for a swimming pool shall be $235.00 for an inground pool.
The building subcode fee for an above ground pool shall be $108.00.
4. Mechanical Fee. Fees charged for a Mechanical Permit for work covered under N.J.A.C. 5:23-3.4(c) shall be $78.00 for the first device and $24.00 for each additional device. Note that Mechanical Permits are only allowed for work on R-3, R-4 and R-5 structures.
5. Periodic Inspections. For cross connection and back-flow preventers that are subject to testing, requiring a reinspection every three months, the fee shall be $78.00 for each device when they are tested (thrice annually) and $192.00 for each device when they are broken down and tested (once annually).
6. Variation. The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $660.00 for Class I structures and $65.00 for Class II and Class III structures. The fee for resubmission of an application for a variation shall be $240.00 for Class I and $35.00 for Class II and Class III structures.
7. New Jersey State Permit Surcharge Fee. The New Jersey State permit surcharge fee that is collected by this agency for the State is to be the current fee mandated by N.J.A.C. 5:23-4.19.
NOTE: Due to the limitations of the Department of Community Affairs' computer program, Upper Township is forced to round off all permit and surcharge fees to the nearest whole dollar.
b. Exempt-Nonprofit Fees.
1. Nonprofit-exempt organizations are not exempt from New Jersey State permit surcharge fee.
2. Exemption from Fee: The following organizations and entities shall be exempt from the payment of any fee required by this Ordinance:
(a) Any entity or organization specified in N.J.S.A. 40A:12-15, as the same may be amended and supplemented from time to time;