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
Frank
E. Conrad
Present
Curtis
Corson
Present
Kristine Gabor
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also present were
Municipal Clerk Wanda Gaglione, Finance Officer Barbara Spiegel, Municipal
Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES - August 9, 2010 Regular
Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Frank Conrad:
discussed a letter the Township
received regarding the demolition of the Ludlam Bay lighthouse in Sea Isle City
and the letter writers plea for help to save the lighthouse.
Curtis Corson:
discussed the City
Tri triathlon recently held in Beesley’s Point. Mr. Corson also discussed event
fees that are being charged by neighboring communities as well as the State
Parks. He discussed the possibility of adopting a Township Ordinance in the
future that would set a fee schedule for events held by “for profit”
organizations at public facilities.
It was also discussed that any fees generated could be used for recreation
maintenance.
Jay Newman:
reported he went
down to the City Tri event on Sunday and felt it was poorly managed. He reported
that in one incident there were approximately a hundred runners running down the
middle of Harbor Road and Rt. 9 that would not yield to traffic. He also
reported that in a conversation with Tyson Merrymen, owner of the Tuckahoe Inn,
that Mr. Merrymen discussed the negative impact the event had on his business.
In particular, it is difficult for patrons to access his front parking
lot even though he does not allow the event organizers to use it.
Mr. Newman directed the Municipal Clerk, Wanda Gaglione to make note in
the file of these issues. Mr. Newman also discussed a call he received from
Lieutenant Watkins, Station Commander at Woodbine Station. Lieutenant Watkins is
being transferred to Buena Station effective in September. Mr. Newman reported
that the Lieutenant has been a great asset to the Township and as soon he is
aware of the Lieutenant’s replacement, he will be sure to invite him to a
Committee meeting. Sergeant Fran Donlan will remain as the assistant Commander.
Richard Palombo:
discussed a letter
received recently from local Legislators regarding the Route 50 bridge project
and the expected date of Spring 2012 to begin construction. Curtis Corson also
discussed the Township site located on Route 50 in Tuckahoe formerly known as
Sams Gas Station. He asked Municipal Engineer, Paul Dietrich to follow up with
the NJDEP and report on the status of the project at a future meeting.
Wanda Gaglione Municipal Clerk: reported she had one
Personnel item to report on for closed session.
In addition, she requested permission to add another resolution to the
agenda that would hire 6 lifeguards to replace the ones returning to college
early.
Daniel Young, Municipal Attorney: reported on the
Superior Court hearing for the litigation matter of Citizens for Strathmere and
Whale Beach regarding their attempt to De-Annex from the Township and join Sea
Isle City. The court heard the arguments of council for the plaintiff, the
Township, and the Planning Board. The matter now is under advisement with the
Court. The Court indicated that within sixty days a decision should be issued.
He stated that as the matter is pending any further questions and comments
regarding progress of the litigation or legal strategies should be discussed in
closed session. The purpose of Mr. Young’s report tonight was merely to report
what had transpired at the hearing today.
Mr. Young also reported he had one Contract Negotiation
item for closed session regarding the Animal Control contract.
1.
Presentation of Resolution No.165-2010, Re:
Resolution congratulating Lauren Burch
on becoming the International
Co-Champion of Free Throw Competitions.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.165-2010
RE: RESOLUTION CONGRATULATING LAUREN BURCH
ON BECOMING THE INTERNATIONAL
CO-CHAMPION OF FREE THROW COMPETITIONS
WHEREAS, Lauren
Burch has had an outstanding basketball season, winning the 2010 Parish,
District, Regional and State Basketball Free Throw Championship competitions for
13 year old girls; and
WHEREAS,
on May 5, 2010, after the scores from thousands of players in worldwide
competitions were tabulated, Lauren was named International Co-Champion for her
high score and
WHEREAS,
it is appropriate that on behalf of the citizens of Upper Township we recognize
and congratulate Lauren for her outstanding achievements; and
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee, on behalf of the citizens of the Township of Upper,
to extend to Lauren Burch congratulations on becoming the International
Co-Champion for high score in Free Throw Competitions.
GIVEN UNDER OUR HANDS
and the seal of the Township of Upper this 26th day of July 2010.
Mr. Newman announced the Township
Fire Companies and EMS have been asked to participate in a ceremony on September
11th during the football games at Caldwell Park as well. In addition,
the Township would attend the Patriot Ceremony held by the County.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 181 -2010
RE: IN OBSERVANCE OF
SEPTEMBER 11 AS “ALWAYS REMEMBER DAY”, TO HONOR THE INNOCENT VICTIMS OF
SEPTEMBER 11, 2001
AND THOSE WHO
CONTINUE TO FIGHT
FOR THE FREEDOM OF
THIS GREAT NATION
___________________________________________________________
WHEREAS,
on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two
into the World Trade Center in New York City, a third into the Pentagon outside
of Washington, D.C., and a fourth into the countryside of Pennsylvania; and
WHEREAS, thousands of innocent people were killed and injured as a result of
these reprehensible attacks;
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, that we do hereby
observe September 11 as “Always Remember Day” to honor the innocent victims of
September 11, 2001 and those who continue to fight for the freedom of this great
Nation; and
BE IT FURTHER RESOLVED, that all persons within this municipality are urged to
honor these victims and members of our Armed Forces by appropriate displays of
our flag and of red, white and blue ribbons.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 23rd day of
August 2010.
Resolution No.
181 -2010
Offered by: Conrad
Seconded
by: Newman
Adopted: August 23,
2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
____X______
__________
__________ __________
Corson
____X______
__________
__________ __________
Gabor
____X______
__________
__________ __________
Newman
____X______
__________
__________ __________
Palombo
____X______
__________
__________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 182-2010
RE: APPOINTING
AN OFFICIAL TO BID AT THE
TAX SALE SCHEDULED FOR SEPTEMBER 28, 2010
________________________________________________________________
WHEREAS,
a Tax Sale is scheduled to be conducted by the Tax Collector of the Township of
Upper on September 28, 2010 at 10:00 A.M.; and
WHEREAS,
the Township Committee has duly considered the matter and has determined to take
the action hereinafter designated.
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 Chief Financial Officer, Barbara A. Spiegel, and or the Deputy
Municipal Clerk, Barbara L. Young are hereby designated and appointed as the
officials who may bid at said Tax Sale on behalf of the Township of Upper on the
scheduled date, as well as on any other date to which the Tax Sale may be
adjourned.
Resolution No. 182-2010
Offered by: Conrad
Seconded by: Newman
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___X____
_____ _____
_____
Corson
___X____ _____
_____ _____
Gabor
___X____
_____ _____
_____
Newman
___X____ _____
_____ _____
Palombo
___X____
_____
_____
_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No.183-2010
RE:
CANCELING TAXES ON EXEMPT PROPERTY
_______________________________________________________
WHEREAS, certain corrections have been recommended by the Upper
Township Tax Collector in order to correct tax records,
WHEREAS, certain properties became tax exempt for the year 2010,
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 on the attached sheet.
Resolution No. 183-2010
Offered by: Newman
Seconded by: Corson
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO ABSTAINED
ABSENT
Conrad
__X___
_____
_____
_____
Palombo
__X___
_____ _____
_____
|
|
|
|
|
|
|
|
Block |
Lot/Qual. |
2010 Taxes |
|
|
|
244
20
$ 26.38
558
56
$132.91
558
57
$137.52
Total Taxes $296.81
Tax Exempt for 2010 – Owned by DEP
TOWNSHIP OF UPPER
RESOLUTION NO.
184-2010
RE: AUTHORIZING
EXECUTION OF NJDEP TWA-1 APPLICATION STATEMENTS OF CONSENT FORM REGARDING WAWA
STORE NO. 758, BLOCK 651, LOT 12
______________________________________________________________________________
WHEREAS, Wawa, Inc.
(Wawa) Applicant/ Owner has or is about to make application to the New Jersey
Department of Environmental Protection (hereinafter NJDEP) for Treatment Works
Approval and has requested that the Township complete a portion of DEP Form No.
WQM-003, which merely consents to the submission of the application to the NJDEP
and certifies that the project, as proposed, conforms with the requirements of
all municipal Ordinances and does not otherwise impose any obligation or
liability on the Township; and
WHEREAS, the Township Engineer has informed the Township Committee as to the
general nature of the project and has indicated that the project, as proposed,
conforms to the requirements of all municipal Ordinances; and
WHEREAS, the matter has been considered by the Township Committee and it
has been determined that the consent by the Governing Body should be granted to
this application to permit the application process to go forward; and
WHEREAS, the Township Committee wishes to authorize the Township
officials to execute said documentation;
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 is hereby authorized to execute on behalf of the Township of Upper a
Statements of Consent, Section A-1, in the form attached hereto as “Exhibit A”
and said consent shall be completed by inserting therein this Resolution number
and the date of its adoption.
3. This Statement of Consent is submitted in conjunction with the
application of Wawa, Inc. (Wawa) Applicant/ Owner for treatment works approval
for the Commercial Property at 42 U.S. Route 9, Lot 12, Block 651 on the
municipal tax map.
4. A certified copy of this Resolution shall be provided to the
applicant.
Resolution No.
184–2010
Offered by: Newman
Seconded by: Corson
Adopted: August 23,
2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_x___ _____
_____
_____
Corson
_x___ _____
_____
_____
Gabor
_x___ _____
_____
_____
Newman
_x___ _____
_____
_____
Palombo
_x___ _____
_____
_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No.185-2010
RE: TAX REFUND
_______________________________________________________
WHEREAS, certain corrections have been
recommended by the Upper Township Tax Collector in order to refund monies,
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 on the
attached sheet.
Resolution No.185-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X___
_____
_____
_____
Corson
__X___
_____
_____
_____
Gabor
__X___
_____
_____
_____
Newman
__X___
_____
_____
_____
Palombo
__X___
_____
_____
_____
561.01/32.22
$1,228.16 BAC TAX
SERVICES,CORP
MS: CA6-913-LB-01
PO BOX 10211
VAN NUYS, CA 91410-0211
(3RD QTR PAID BY OLD MORTGAGE CO
& NEW MORTGAGE CO.)
7.
Appointing
the 2010 season beach patrol personnel.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 186-2010
RE: APPOINTING ADDITIONAL
2010 SEASON BEACH PATROL PERSONNEL
_________________________________________________________________
WHEREAS,
the individuals hereinafter named have been determined to possess the requisite
skills, training and are otherwise eligible for appointment to the position of
lifeguard; 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 following individuals are appointed as
lifeguards in the
Township of Upper at a salary
as stated below in accordance with the Salary Ordinance:
RETURNING GUARDS
AMY TOWNSEND
$11.75 per hour
BRIAN RIORDAN
$11.75 per hour
KATELYN KENNY
$11.75 per hour
ROOKIE GUARDS
RICK HORN
$10.25 per hour
MIKE DESALLIS
$10.25 per hour
PAT LOMBARD
$10.25 per hour
3. This
Resolution shall be effective immediately and is further intended to ratify,
confirm and approve any formal action taken by the Township Committee.
Resolution No. 186-2010
Offered by: Newman
Seconded by: Conrad
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X___
_________
_________
________
Corson
____X____ _________
_________
________
Gabor
____X____ _________
_________
________
Newman
____X____ _________
_________
________
Palombo
____X____ _________
_________
________
8. Public Hearing and Final Adoption of ORDINANCE NO. 007-2010
RE: AN ORDINANCE AMENDING
CHAPTER II ENTITLED
“ADMINISTRATION”AND CHAPTER V, ENTITLED “PERSONNEL”, OF THE CODE
OF UPPER TOWNSHIP TO MERGE CERTAIN FUNCTIONS OF THE RECREATION
DEPARTMENT INTO THE DEPARTMENT OF PUBLIC WORKS AND TO CREATE
THE DEPARTMENT OF SPORTS AND RECREATIONAL PROGRAMS AND TO ADD
OR DELETE TOWNSHIP POSITIONS TO REFLECT TOWNSHIP OPERATIONS.
During the
public portion of the hearing, there were no speakers from the public.
Motion was
made by Curtis Corson, second by Kristine Gabor to adopt Ordinance No. 007-2010.
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. 007-2010
AN ORDINANCE AMENDING CHAPTER II ENTITLED
“ADMINISTRATION”
AND CHAPTER V, ENTITLED “PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP TO MERGE
CERTAIN FUNCTIONS OF THE RECREATION DEPARTMENT INTO THE DEPARTMENT OF PUBLIC
WORKS, TO CREATE THE DEPARTMENT OF SPORTS AND RECREATIONAL PROGRAMS AND TO ADD
OR DELETE TOWNSHIP POSITIONS TO REFLECT TOWNSHIP OPERATIONS
______________________________________________________________________
WHEREAS, the Township Committee of the Township of Upper has determined
that it is appropriate to merge certain functions of the Recreation Department
into the existing Department of Public Works so as to create greater
efficiencies in the delivery of these public services; and
WHEREAS, the Township Committee has
determined that sports and recreational programs shall be a new department
separate and distinct from the Department of Public Works and the maintenance of
all fields and facilities of the Township, whether used for recreational
purposes or otherwise; and
WHEREAS, the Township Committee has
determined it to be necessary to create and delete certain job classifications
or job titles to conform to job descriptions promulgated by the New Jersey
Department of Personnel as part of the elimination of the Recreation Department
and the incorporation of certain existing Recreation Department functions into
the Department of Public Works and the creation of the Department of Sports and
Recreational Programs; and
WHEREAS, the Township Committee has
determined it is in the best interests of the Township that the function of
maintaining the Township’s athletic fields and courts, parks, playgrounds and
recreational facilities shall be incorporated as part of the Department of
Public Works; and
WHEREAS, the Township Committee also
has determined that it is appropriate to add and delete certain Township
positions to effectuate the foregoing and to reflect current Township
operations; and
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:
Chapter II, entitled “Administration”, Section 2-3, of the Code of Upper
Township, is hereby amended, revised and supplemented as follows:
2-3 Departments, Boards, Committees and
Councils
2-3.1 Department of Public Works:
a.
Establishment of Department. There shall be a Department of Public Works.
b.
Management of Department. The day to day operations of the Department of
Public works shall be managed and directed by a Superintendent of Public Works
and certain subordinate officers consisting of a Road Supervisor and Assistant
Road Supervisor under the general supervision of a member of the Township
Committee as appointed by the Township Committee. There shall also be working
foreman/assistant supervisors consisting of Supervising Equipment Operator,
Supervising Carpenter, Supervising Maintenance Repairer and Supervisor
Recreation Maintenance, who will be responsible for supervising work crew(s) as
assigned by the Road Supervisor and/or Assistant Road Supervisor. These
employees shall be appointed by the Township Committee as it deems appropriate
and who shall constitute the management of the Department and shall be
considered management employees.
c.
Unchanged.
d.
Other Management Personnel, Qualifications and Duties.
1.
Qualifications. The Road Supervisor and Assistant Road Supervisor, as may
be appointed by Township Committee, shall be qualified by training and
experience in general public works administration and shall have prior
experience in a public works supervisory capacity. They shall be
required to obtain and maintain certification as a Certified Public Works
Manager as administered by the Department of Community Affairs, Division of
Local Government Services. In addition, they shall also meet the minimum
qualifications established for that position by the Department of Personnel.
2.
Duties. The Road Supervisor and Assistant Road Supervisor shall
perform such duties as prescribed by the Township Committee or the
Superintendent of Public Works, as well as such duties as may be prescribed by
law.
e.
Functions of Department. The Department of Public Works shall perform all
appropriate functions associated with:
1. Maintaining, constructing
and reconstructing streets and drainage facilities.
2.
Maintaining public buildings and grounds, including recreation areas and
public beaches.
3.
Maintaining all motorized equipment.
4. Installing, repairing and
maintaining traffic signals and signs.
5.
Supervising solid waste collection, disposal and recycling.
6.
Supervising snow removal.
7.
Such other duties as the Township Committee may prescribe.
f.
Deleted.
g.
Deleted.
2-3.2 Unchanged.
2-3.3 Unchanged.
2-3.4 Department of Sports and
Recreational Programs.
a.
Establishment of Department. There shall be a Department of Sports and
Recreational Programs.
b.
Supervision and Management of Programs. The Sports and Recreational Programs
shall be generally supervised and directed by one (1) or more members of the
Township Committee who shall be appointed by the Township Committee.
The day-to-day operations of the Department shall be under the direction
and supervision of the Recreational Program Coordinator, as appointed by the
Township Committee as it deems appropriate.
c.
Qualifications and Duties of Supervisory Personnel.
1.
Qualifications. The Director of the Department shall be a member of Township
Committee duly appointed by the Township Committee. The member(s) of Township
Committee so appointed shall also serve as liaison between the Township
Committee and the Township Recreation Committee, an advisory body created and
appointed by the Township Committee. The Recreational Program Coordinator shall
have a general knowledge of the recreation activities of the Township, possess a
valid New Jersey driver’s license and otherwise meet the minimum qualifications
established by the New Jersey Department of Personnel.
2.
Duties.
The member of the Township Committee serving as Director of the Department of
Sports and Recreational Programs shall take an active role in the supervision
and direction of the Department. The Recreational Program Coordinator shall
supervise and work with those employees as may be assigned to the Department and
engaged in performing the necessary tasks for the efficient operation and
utilization of the Township’s recreational and sports programs. The supervisor
shall perform such other duties as may be prescribed by the Director of the
Department or by Township Committee.
d.
Other
Personnel. The Department of Sports and Recreational Programs may consist of
such additional personnel as may be authorized by the Township Committee.
e.
Functions of Program. The Sports and Recreational Programs shall perform all
appropriate functions and duties associated with:
1.
Coordinating the use of Township facilities with the public and the various
Township sports and recreational organizations.
2.
Coordinating coaching certification and background checks for volunteers with
the various sports and recreational organizations.
3.
Advising
the Department of Public Works of the necessary maintenance and preparation of
the sports fields and facilities that have been scheduled for use.
4.
Such
other duties as may be prescribed by the Township Committee.
2-3.5 Deleted.
SECTION 2: Chapter V, entitled “Personnel”, of the Code of Upper
Township, Section 5-6.1a, is hereby amended and supplemented as follows:
Add The Following Position:
Position Deleted:
SECTION 3: Chapter V, entitled “Personnel”, of the Code of Upper
Township, Section 5-6.2, is hereby amended and supplemented as follows:
Add The Following Positions:
Carpenter’s Helper
Positions Deleted:
SECTION 4: Chapter V, entitled “Personnel”, of the Code of Upper
Township, Section 5-6.4, is hereby amended and supplemented as follows:
Add The Following Positions:
Positions Deleted:
SECTION 5: REPEALER: All Ordinances or
parts of Ordinances inconsistent herewith are hereby repealed to the extent of
such inconsistency only.
SECTION_6: SEVERABILITY: This Ordinance
shall be subject to the severability provisions set forth in Section 5-15 of
Chapter V of the Code of Upper Township.
SECTION 7: 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 26th
OF JULY, 2010 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 23rd OF AUGUST, 2010 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
During the public portion of the
hearing, there were no speakers from the public. Motion by Jay Newman, second by
Frank Conrad to adopt Ordinance No. 008-2010. 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.
008-2010
RE: AN
ORDINANCE AMENDING ORDINANCE NO. 028-2009 KNOWN AS THE SALARY ORDINANCE FOR THE
CALENDAR 2010
________________________________________________________________
BE IT ORDAINED by the Township Committee of the Township of Upper, in
the County of Cape May and State of New Jersey, as follows:
SECTION 1: Ordinance
No.028-2009, known as the Salary Ordinance of 2010 is hereby amended as
hereinafter provided:
SECTION 2: SALARIES:
E. PUBLIC WORKS/SPORTS AND RECREATIONAL PROGRAMS:
Title
Minimum
Maximum-2010
Sr. Clerk Typist (Recreation)
$12,500.00
$54,000.00
Recreational Program Coordinator
$15,500.00
$70,000.00
Supervisor Recreation Maintenance
$12,500.00
$70,000.00
Recreation Aid, Part-time
$5.00/hr.
$10.50/hr.
Beach Sweeper (seasonal)
$5.00/hr.
$10.50/hr.
Playground Safety Inspector
$500.00
$1,000.00
SECTION 3: SEVERABILITY: If any section, subsection,
paragraph, sentence or other part of this Ordinance is adjudged unconstitutional
or invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance, but shall be confined in its effects to the section,
subsection, paragraph, sentence or other part of this Ordinance directly
involved in the controversy in which said judgment shall have been rendered and
all other provisions of this Ordinance shall remain in full force and effect.
SECTION 4: REPEALER: All ordinances or parts of
ordinances inconsistent herewith 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 26th
DAY OF JULY, 2010 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 23rd DAY OF AUGUST, 2010 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
9.
Public Hearing and Final Adoption of ORDINANCE NO. 009-2010, RE:
AUTHORIZING THE USE OF UP TO $90,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR
ACQUISITION OF AN AMBULANCE CHASSIS AND REFIT EXISTING BODY FOR THE TOWNSHIP OF
UPPER, DIVISION OF EMS. During
the public portion of the hearing, there were no speakers from the public.
Motion by Jay Newman, second by Frank Conrad to adopt Ordinance No. 009-2010.
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.
009-2010
RE:
AUTHORIZING THE USE OF UP TO $90,000.00
FROM THE
CAPITAL IMPROVEMENT FUND FOR ACQUISITION OF AN AMBULANCE CHASSIS AND REFIT
EXISTING BODY FOR THE TOWNSHIP OF UPPER, DIVISION OF EMS
______________________________________________________
BE IT
ORDAINED
by the Township Committee, in the Township of Upper, County of Cape May and
State of New Jersey, as follows:
SECTION 1.
The improvement described in Section 2 of this Ordinance is hereby authorized to
be undertaken by the Township of Upper, New Jersey as a general improvement. For
the improvement or purpose described in Section 2, there is hereby appropriated
the sum of up to $90,000.00 from the Capital Improvement Fund.
SECTION 2.
(a)
The improvement hereby authorized is for the acquisition of a new
ambulance chassis and remounting of the existing ambulance body on the new
chassis including all related costs and expenditures incidental thereto.
(b)
The estimated cost of the improvement or purpose is equal to the amount
of the appropriation herein made therefore.
SECTION 3.
The following additional matters are hereby determined, declared, recited and
stated:
(a)
The improvement or purpose described in Section 2 of this Ordinance is
not a current expense. It is an improvement or purpose that the Township of
Upper may lawfully undertake as a general improvement and no part of the cost
thereof has been or shall be specially assessed on property specially benefited
thereby.
(b)
The period of usefulness of the improvement or purpose is within the
limitations of the Local Bond Law.
SECTION 4.
Any grant monies received for the purpose described in Section 2 hereof shall be
applied either to direct payment of the cost of the improvement or to payment of
the obligations issued pursuant to this Ordinance. The amount of obligation
authorized but not issued hereunder shall be reduced to the extent that such
funds are so used.
SECTION 5:
REPEALER: All Ordinances or parts of Ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency only.
SECTION 6:
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 7:
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 26th OF
JULY, 2010 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 23rd DAY OF AUGUST, 2010 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
RESOLUTION
11. Reassignment of titles from the former Recreation Department to the Public
Works Department and the Department of Sports and Recreational Programs.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 187–2010
RE: REASSIGNMENT OF TITLES FROM THE FORMER RECREATION DEPARTMENT TO THE PUBLIC
WORKS DEPARTMENT AND THE
DEPARTMENT OF SPORTS AND
RECREATIONAL PROGRAM
WHEREAS, The Township Committee has merged certain functions of the
Recreation Department into the Department of Public Works pursuant to Ordinance
No. 007-2010; and
WHEREAS,
the supervisor and employees whose daily duties were the maintenance, upkeep
and construction of the Township’s athletic fields and parks shall be
transferred to the Public Works Department; and
WHEREAS, the employees whose daily
duties were the coordination and scheduling of the use of the Township’s
athletic fields, parks and Community Center shall be transferred into the newly
created Department of Sports and Recreational Programs.
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.
The
following persons previously serving in the Department of Recreation are now
transferred to the Department of Public Works in a capacity as follows:
NAME
POSITION
SALARY
TERM
Duane Terwilliger
Supervisor Recreation Maintenance
$60,804
Permanent
Playground Inspector
$ 1,000
Permanent
Jeremiah Williams
Sr. Rec. Maint. Worker (0-9 yrs.)
$47,961
Permanent
Playground Inspector
$ 1,000
Permanent
John Adams
Sr. Rec. Maint. Worker
No Change
Permanent
(10 or more yrs.)
William Haberman
Sr. Rec. Maint. Worker (0-9 yrs.)
No Change
Permanent
Edward Carter
Recreation Maint. Worker (0-9 yrs.)
No Change
Permanent
Robert J. Young
Truck Driver (0-9 yrs.)
$46,766
Provisional
John Kohler
Recreation Maint. Worker
$46,766
Provisional
Michael Mayne
Laborer (4th year)
No Change
Permanent
Gary Crager
Laborer (3rd year)
No Change
Permanent
John McCardell
Laborer (3rd year)
No Change
Permanent
2.
The following persons previously serving in the
Department of Recreation are now transferred to the Department of Sports and
Recreational Programs in a capacity as follows:
NAME
POSITION
SALARY
TERM
Brenda Layton
Recreational Program Coordinator
$66,350
Permanent
Karen Buchanan
Recreation Secretary
$2,200
Permanent
3.
The following persons are presently serving in the
Department of Public Works shall be promoted as follows:
NAME
POSITION
SALARY
TERM
Brian Keenan
Truck Driver
$46,766
Provisional
Raymond Blaker
Equipment Operator
$47,961
Provisional
4.
The Personnel Officer will take the necessary steps in
accordance with Civil Service requirements to properly effectuate the above
transfers and promotions.
5.
This
Resolution shall be effective as of August 27, 2010 and is further intended to
ratify, confirm and approve any formal action taken by the Township Committee.
Resolution No. 187-2010
Offered by: Newman
Seconded by: Conrad
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X__
_____
_____
_____
Corson
__X__
_____
_____
_____
Gabor
__X__
_____
_____
_____
Newman
__X__
_____
_____
_____
*12. Resolution Requesting Change in Title, Text, or Amount of Appropriation
Pursuant to NJS 40A:4-85.
TOWNSHIP OF UPPER
RESOLUTION NO. 188
-2010
RESOLUTION REQUESTING CHANGE
IN TITLE, TEXT, OR AMOUNT OF APPROPRIATION PURSUANT TO NJS
40A:4-85
WHEREAS, N.J.S. 40A:4-85
provides that the Director of the Division of Local Government Services may, at
the request of, or with the consent of, the Governing Body of any county or
municipality, make such correction of the title,
text, or amount of any appropriation appearing in the budget as may be
necessary to make said item of appropriation available for the purpose or
purposes required for the needs of any county or municipality.
NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions
of NJS 40A:4-85, the Township Committee of the Township of Upper hereby requests
the Director of the Division of Local Government Services to make the following
corrections in the 2010 budget:
General Appropriations
Change
SPORTS & RECREATION O/E
158,000.00
RECREATION O/E
(158,000.00)
BE IT FURTHER RESOLVED that the foregoing correction is, in the opinion of
the Governing Body, warranted and authorized by the statute referred to above,
and is necessary for the orderly operation of the Township of Upper for the
reasons set forth:
1.
The Township
Committee has merged certain functions of the Recreation Department into the
Department of Public Works pursuant to Ordinance No. 007-2010 attached hereto as
Exhibit A.
2.
The Township
Committee has reassigned titles from the former Recreation Department to the
Public Works Department and the Department of Sports and Recreation Programs
pursuant to Resolution No. 187-2010 attached hereto as Exhibit B.
Resolution No. 188-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: August 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X_______
__________
__________ __________
Corson
____X_______
__________
__________ __________
Gabor
____X_______
__________
__________ __________
Newman
____X_______
__________
__________ __________
Palombo
____X_______
__________
__________ __________
13.
Amendment of the official Organizational Chart for the Township of Upper.
CAPE MAY COUNTY
R E S O L U T I O
N
RESOLUTION NO. 189-2010
______________________________________________________________________________
WHEREAS, The
Township of Upper finds it necessary to revise and update the
Official Organizational Chart for the Township of Upper; and
WHEREAS,
the aforesaid chart entitled “Township of Upper Organizational Chart”
attached hereto as Exhibit “A” and is available for inspection;
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 has determined that the chart attached as Exhibit
“A” and identified as the “Township of Upper Organizational Chart” is hereby
accepted and designated on August 27, 2010 as the official Organizational Chart
until such time as amended by the Township Committee.
Resolution No.
189-2010
Offered by: Conrad
Seconded by: Gabor
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
X
______
Corson
X
______
Gabor
X
______
Newman
X
______
Palombo
X
____
____
______
CORRESPONDENCE
NEW BUSINESS
14.
Robert K. Beste, Jr., Attorney for Estate of Jean S. Brown---request to transfer
Block 595, Lots 20 and 21 to the Township of Upper. Motion by Curtis Corson,
Second by Frank Conrad to authorize a title search and environmental inspection
of the property. During roll call vote all five Committee members voted in the
affirmative.
15.
Church of the Resurrection request to hold 50/50 Raffle (RA#373) on September
26, 2010.
16.
Church of the Resurrection--request to hold an on-premise Basket Raffle (RA#374)
on September 26, 2010. Motion
was made by Jay Newman second by Frank Conrad to approve the two raffle
applications for Church of the Resurrection (RA#373 & 374).
During roll call vote all five Committee members voted in the
affirmative.
UNFINISHED BUSINESS:
17. R. Bonner--request for payment plan for taxes and
lien charges for Block 306, Lot 27. No action was taken on the matter.
It will be placed on a future agenda for discussion.
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 Frank Conrad with all five Committee
members voting in the affirmative.
Bills approved for payment:
$139,705.63
Payroll:
$209,638.25
18.
Municipal Court-Upper Township, Dennis Township and Corbin City.
The reports
are available from the Clerk’s Office.
PUBLIC COMMENT
Carol Jones of Marshallville Road, Tuckahoe:
addressed the Committee with regards to automated trash collection. She
complimented the Township workforce on the fine job they have done throughout
the years. The Committee discussed
that they are exploring every option to find the best solution, and they welcome
suggestions from the public.
Robert Young, a Township employee: spoke with regard
to the merger of the Recreation and Department of Public Works. Mr. Young
expressed his concern with the change in title for certain employees in that the
Civil Service titles would be provisional for a certain period of time.
He was concerned with the possibility of the employee losing his or her
job to another Civil Service employee during that provisional time. Personnel
Officer, Wanda Gaglione, explained that any employee that moves into a new title
is considered provisional and must remain working in that position for three
months before it becomes permanent. The Committee addressed his concerns and
assured him that it is not the intention of the Committee to jeopardize anyone’s
present position with the Township.
Ronald Mc Cole, 54 East Maple Shade Lane,
Marmora: expressed his concerns with the possibility of a local purpose tax.
The Township Committee explained that they are doing everything they can to
delay the implementation of a local purpose tax.
George Grund, a Township employee:
discussed his concerns with
automated trash collection.
CLOSED SESSION
19.
Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from
which the public shall be excluded.
Resolution No. 190-2010
MOTION GOING INTO CLOSED SESSION
August 23, 2010
I hereby
move that a resolution be incorporated into the minutes authorizing the Township
Committee to enter into an executive session for the following matters pursuant
to the Open Public Meetings Act:
MATTERS:
1.
Personnel matter
2.
Contract
negotiations – Animal Control Officer
3.
Litigation – Citizens for Strathmere and Whale Beach
I also
include in my motion the estimated time and the circumstances under which the
discussion conducted in closed session can be disclosed to the public as
follows:
A.
It is anticipated that the matters discussed in closed session may be
disclosed to the public upon the determination of the Township Committee that
the public interest will no longer be served by such confidentiality.
B.
With respect to employment and personnel matters such discussions will be
made public if and when formal action is taken or when the individuals involved
consent that it can be made public.
C.
With respect to contract negotiations such matters will be made public
when negotiations have ceased and there is no longer a reason for
confidentiality.
D.
With respect to litigation matters such discussions will be made public
when litigation is complete and the applicable appeal period has expired.
Moved by: Jay Newman
Motion
seconded: Frank Conrad
During roll
call vote all five Committee members present voted in the affirmative.
ADJOURNMENT
There was no further business for this evening and the
meeting was adjourned at 9:30 P.M.
Next meeting scheduled for September 13, 2010 at 7:30 P.M.
Wanda Gaglione, RMC
Municipal Clerk
Bill List
52014 08/23/10 A0006
ADVANCE TREADS INC 446.00 2615
52015 08/23/10 A0018
ACTION SUPPLY INC. 285.14 2615
52016 08/23/10 A0020
ACU-THERM SUPPLY CO.,INC. 43.92 2615
52017 08/23/10 A0025
ADVANTAGE RENTAL ACE HARDWARE 189.50 2615
52018 08/23/10 A0070
ALBERTSONS/ACME 114.24 2615
52019 08/23/10 A0091
ATLANTIC CITY ELECTRIC 14,225.95 2615
52020 08/23/10 A0117
AT&T 21.46 2615
52021 08/23/10 A0134
ANSELL ZARO GRIMM & AARON, PC 52.50 2615
52022 08/23/10 A0143
ASPLUNDH BUICK-GMC INC 80.03 2615
52023 08/23/10 A0164
ADAMS, JACKIE 45.00 2615
52024 08/23/10 B0018
BARR, CODY 110.00 2615
52025 08/23/10 B0035
BELMONT & CRYSTAL SPRINGS 545.87 2615
52026 08/23/10 B0050
BARR, KEVIN 420.00 2615
52027 08/23/10 B0052
BENNETT BATTERIES,LLC. 667.30 2615
52028 08/23/10 B0076
BOND,LAURENCE E. 1,661.63 2615
52029 08/23/10 B0078
BOUND TREE MEDICAL,LLC 579.60 2615
52030 08/23/10 B0152
BUCHANAN, KAREN A. 500.87 2615
52031 08/23/10 B0182
BRIGGS LAW OFFICE, P.C. 738.27 2615
52032 08/23/10 B0184
BUSHONG, BRIAN 159.98 2615
52033 08/23/10 C0048
CAPE MAY COUNTY MUA 36,516.64 2615
52034 08/23/10 C0061
CAPRIONI FAMILY SEPTIC 320.00 2615
52035 08/23/10 C0068
COMCAST 219.96 2615
52036 08/23/10 C0143
CODY'S POWER EQUIPMENT 14.52 2615
52037 08/23/10 C0171
COLONIAL ELECTRIC SUPPLY CO. 335.50 2615
52038 08/23/10 C0201
CRUZAN'S TRUCK SERVICE INC. 354.93 2615
52039 08/23/10 C0223
CASA PAYROLL SERVICE 274.25 2615
52040 08/23/10 D0003
DATA RESOURCE SOLUTIONS 1,200.00 2615
52041 08/23/10 D0077
DIETRICH,PAUL 164.00 2615
52042 08/23/10 E0012
EHRLICH PEST CONTROL INC 74.00 2615
52043 08/23/10 E0047
EFINGER SPORTING GOODS CO 4,000.00 2615
52044 08/23/10 F0048
FOGG, LESLIE INC. 184.92 2615
52045 08/23/10 G0006
GARBUTT,PATRICIA A. 19.00 2615
52046 08/23/10 G0015
GALL'S, AN ARAMARK COMPANY 167.66 2615
52047 08/23/10 G0016
GARDNER HARDWARE INC. 202.24 2615
52048 08/23/10 G0044
GILES & RANSOME, INC. 2,780.00 2615
52049 08/23/10 H0018
HAROLD RUBIN/L & H SUPPLY 1,162.35 2615
52050 08/23/10 H0097
HERRON, JOANNE R. 77.20 2615
52051 08/23/10 H0137
HOWELL, MADISON 24.00 2615
52052 08/23/10 J0033
JANKOWSKI,MATTHEW 400.00 2615
52053 08/23/10 K0016
KEENE, DAVID 54.00 2615
52054 08/23/10 L0030
LAWYERS DIARY AND MANUAL 84.25 2615
52055 08/23/10 M0012
McCAULEY, RICHARD 339.56 2615
52056 08/23/10 M0016
McAFEE, MEGAN 150.00 2615
52057 08/23/10 M0103
MODERN GAS COMPANY, INC. 1,222.65 2615
52058 08/23/10 M0217
MUNICIPAL EMERGENCY SERVICES 7,271.00 2615
52059 08/23/10 N0052
NATL YOUTH SPORTS COACHED ASSN 40.00 2615
52060 08/23/10 N0070
NIA GROUP ASSOCIATES, LLC 2,500.00 2615
52061 08/23/10 N0088
N.J. CONFERENCE OF MAYORS 25.00 2615
52062 08/23/10 O0034
OSPREY POINT CONDO ASSOC. 8,528.76 2615
52063 08/23/10 O0042
ORCHARDS HYDRAULIC SERVICE INC 300.00 2615
52064 08/23/10 O0044
OLIVER, JUSTIN 595.00 2615
52065 08/23/10 P0032
PEDRONI FUEL CO. 1,632.53 2615
52066 08/23/10 P0064
PITNEY BOWES 210.00 2615
52067 08/23/10 P0073
POGUE INC. 75.00 2615
52068 08/23/10 P0075
POSITIVE PROMOTIONS INC 1,685.18 2615
52069 08/23/10 P0121
PENGUIN COMMUNICATION LLC 47.50 2615
52070 08/23/10 R0030
RIGGINS, INC. 5,550.57 2615
52071 08/23/10 R0073
RICOH AMERICAS CORPORATION 854.99 2615
52072 08/23/10 R0092
RUTGERS, THE STATE UNIVERSITY 90.00 2615
52073 08/23/10 S0031
SCHULER SECURITY, INC. 447.00 2615
52074 08/23/10 S0134
SO. JERSEY GAS COMPANY 97.44 2615
52075 08/23/10 S0139
SO. JERSEY WATER COND. INC. 171.95 2615
52076 08/23/10 S0179
STEPHENS PUBLISHING COMPANY 425.00 2615
52077 08/23/10 S0196
STEWART BUSINESS SYSTEMS LLC 1,134.17 2615
52078 08/23/10 S0209
STAPLES ADVANTAGE 166.86 2615
52079 08/23/10 S0218
S.J.A.P. NATURALINK 2,135.00 2615
52080 08/23/10 T0032
THE PRESS & SUNDAY PRESS 68.97 2615
52081 08/23/10 T0036
THIS AND THAT 150.00 2615
52082 08/23/10 T0038
THOMAS, CHRISTOPHER 50.00 2615
52083 08/23/10 T0044
THOMSON, KERRY AGENCY 23,068.65 2615
52084 08/23/10 T0048
TILL PAINT CO/D. FITZGERALD 874.64 2615
52085 08/23/10 T0067
TOWNSHIP OF UPPER PETTY CASH 0.70 2615
52086 08/23/10 T0074
TRANSAXLE LLC 834.55 2615
52087 08/23/10 T0093
TREASURER, STATE OF N.J. 4,100.00 2615
52088 08/23/10 V0005
VAN EMBDEN, NATHAN, ATTORNEY 1,927.50 2615
52089 08/23/10 V0022
VERIZON 2,713.93 2615
52090 08/23/10 V0025
V.E. RALPH & SON,INC. 194.85 2615
52091 08/23/10 W0050
WIRELESS ELECTRONICS, INC. 366.00 2615
52092 08/23/10 W0060
WOOLLEY, THOMAS 50.00 2615
52093 08/23/10 W0085
WOODY, LESTER 94.00 2615
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