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
Absent
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 - November 8, 2010 Regular
Meeting and
The Clerk requested that an additional resolution for a
Budget Transfer be added to the agenda.
In addition she requested if item #1 on the agenda could have the phrase
“effective the first pay in October” be added to it.
Motion by Jay Newman, seconded by Kristine Gabor to add the Budget
Transfer resolution to the agenda and to allow the additional language to
paragraph 2 of agenda item #1 for the resolution for Joanne Herron. During roll
call vote all four Committee members present voted in the affirmative.
Frank Conrad:
thanked
Township employee,
Jim Schuler for doing a great job
with the new landscaping and Christmas decorating at Township Hall.
This evening the annual Rotary Christmas Tree Lighting ceremony was held
and the building was beautiful. He
also reported that the Tuckahoe Merchants Association will hold their annual
Christmas in the Country event and parade Saturday December 4, 2010 at 9:00 A.M.
with the parade stepping off at 10:00 A.M.
The Township Committee will participate in the parade.
Kristine Gabor:
reported that she received a request from Upper Township Inline Hockey
Association to hold an evening “Skate with the Stars” event that included a
bonfire at Amanda’s Field on December 18, 2010. Committee members expressed
concerns with the bonfire with regards to liability insurance and fire
protection. It was also discussed that a Forest Fire permit would be required
and recommended that the local Fire District be made aware of the event and be
present as well. Motion by Kristine Gabor, second by Jay Newman to authorize
Upper Township Inline Hockey Association to have an evening skate night
including a controlled bonfire at Amanda’s Field on December 18, 2010, provided
all necessary permits are obtained. During roll call vote all four Committee
members present voted in the affirmative.
Ms. Gabor also
discussed handicap accessibility at the Upper Township Dog Park and that only
portions of facility are handicap accessible.
Richard Palombo:
acknowledged Patricia Smyth’s successful completion of the Rutgers course
“Principals of Municipal Tax Collection One”.
Daniel Young:
reported that he
had
several items for closed session as follows:
contract negotiations-the Collective Bargaining Agreement status;
Litigation-Ginn v. Upper Township; Litigation Upper Township v. Yank and Sansone
and some Personnel matters.
Paul Dietrich: gave an update on the following
projects: he reported that Cape May County is currently accepting RFPs for
engineering services for the reconstruction of Hope Corson Road; the County has
almost completed the installation of 4-way flashing lights at Hope Corson Road &
Stagecoach Road. The NJ DOT is moving along on the traffic light project at
Rt-50 & Hope Corson Road, the Clean Shores program is continuing to install snow
fence along the beaches in Strathmere, the Township received a $50,000 grant to
do energy systems upgrades at the Township Municipal Building.
The installation of a new phone system for Municipal offices is scheduled
for installation on November 23rd.
Mr. Dietrich also discussed replacing the playground
equipment at Caldwell Park. Motion
was made by Kristine Gabor, seconded by Jay Newman to authorize the purchase of
playground equipment for the Fort Nuwi recreation area at Caldwell Park. During
roll call vote the four Committee members present voted in the affirmative.
Mr. Dietrich also reported he had one item for closed
session that being Contract Negotiations.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 224-2010
RE: APPOINTMENT OF JOANNE HERRON
AS ALTERNATE
DEPUTY REGISTRAR OF VITAL STATISTICS
FOR THE UPPER
TOWNSHIP CLERK’S OFFICE
______________________________________________________________
WHEREAS, a need exists to appoint an Alternate Deputy Registrar to the
Clerk’s Office; and
WHEREAS, a recommendation has been made to the Township Committee and
duly considered at the meeting of November 8, 2010; and
WHEREAS, this Resolution is intended to ratify the action heretofore
taken; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township
of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble
are incorporated herein by this reference.
2. Joanne Herron is hereby appointed as Alternate Deputy Registrar of
Vital Statistics effective October 1, 2010 the first pay in October at a salary
in accordance with the Salary Ordinance.
3.
This Resolution ratifies, confirms and approves action
taken by the Township Committee, by motion, at the meeting of November 8, 2010.
Resolution No.
224 -2010
Offered by: Newman
Seconded by: Conrad
Adopted: November 22, 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.225-2010
RE: APPOINTMENT OF BRAD HICKMAN
AS A PART-TIME
EMPLOYEE
TO THE UPPER TOWNSHIP PUBLIC WORKS DEPARTMENT
WHEREAS, a
need exists to appoint qualified personnel as part-time employee to the Upper
Township Public Works Department to insure optimal operation; and
WHEREAS, a
recommendation has been made to the Township Committee and duly considered at
the meeting of November 8, 2010; and
WHEREAS, this
Resolution is intended to ratify the action heretofore taken; and
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the Township of Upper, in the County of Cape May and
State of New Jersey, as follows:
1.
The allegations of the preamble are incorporated herein by this
reference.
2. Brad Hickman is hereby appointed in a part-time position effective
immediately pending pre-employment testing at a salary of $10.50 per hour in
accordance with the Salary Ordinance.
3. This Resolution ratifies,
confirms and approves action taken
by the Township
Committee, by motion, at the meeting of November 8, 2010.
Resolution No. 225-2010
Offered by: Newman
Seconded by: Gabor
Adopted: November 22, 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.
226-2010
RE: ESTABLISHING THE SPORTS AND RECREATION
PROGRAM ADVISORY BOARD AND ADOPTING ADVISORY BOARD BY-LAWS AND RULES AND
REGULATIONS FOR UPPER TOWNSHIP SPORTS AND RECREATION PROGRAMS
___________________________________________________________________________________
WHEREAS,
the Township Committee of the Township of Upper has determined that it is
appropriate to create an advisory board for sports and recreation programs in
the Township and establish by-laws for said board; and
WHEREAS,
the Township Committee has also determined that it is appropriate to formally
establish rules and regulations for Upper Township sports and recreation
programs and the use of Upper Township facilities in connection with such
programs; 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 Township Committee of the Township of Upper hereby creates the Sports
and Recreation Programs Advisory Board and establishes same in accordance with
the by-laws attached hereto as Exhibit A which are hereby approved and adopted.
3.
The Township Committee of the Township of Upper hereby adopts formal
rules and regulations for the operation of Upper Township sports and recreation
programs and the use of Upper Township facilities in connection with such
programs as set forth in Exhibit B attached hereto.
4.
All Township officials and officers are hereby authorized and empowered
to take all action deemed necessary or advisable to carry into effect the intent
and purpose of this Resolution.
Resolution No.
226-2010
Offered by: Gabor
Seconded by: Conrad
Adopted: November 22, 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. 227-2010
RE: APPOINTMENT OF LeGORE & JONES APPRAISAL SERVICES AND MICHAEL D. JONES AS AN
APPRAISER FOR THE TOWNSHIP OF UPPER
___________________________________________________________________________
WHEREAS,
the Township periodically requires an appraiser to provide services to obtain
the fair market value of real property owned by the Township with respect to the
anticipated sale of said real property; and
WHEREAS,
a resolution is required authorizing the award of such contract for professional
services; and
WHEREAS,
LeGore & Jones Appraisal Services and Michael D. Jones have completed and
submitted a Business Entity Disclosure Certification which certifies that LeGore
& Jones Appraisal Services and Michael D. Jones have not made any reportable
contributions to a political or candidate committee in the Township that would
bar the award of this contract and that the contract will prohibit LeGore &
Jones Appraisal Services and Michael D. Jones from making any reportable
contributions through the term of the contract; and
WHEREAS,
the Township has decided to acquire the services of LeGore & Jones Appraisal
Services and Michael D. Jones as a non-fair and open contract pursuant to the
provisions of N.J.S.A. 19:44A-2.05; and
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee of the Township of Upper, in the County of Cape May
and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. LeGore & Jones Appraisal Services and Michael D. Jones with offices at 15
South Main Street, Suite 4, Cape May Court House, New Jersey are hereby
appointed appraiser for the Township of Upper for the appraisal of a portion of
Block 350, Lot 12 in connection with the Township’s anticipated sale of said
lot.
3. The term of this contract is for the period not to exceed the length of time
necessary for completion of the aforesaid services, unless sooner terminated by
the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a Professional
Service in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local
Public Contract Law because LeGore & Jones Appraisal Services and Michael D.
Jones have professional knowledge as to appraisal issues which knowledge is
particularly valuable to the Township Committee and this service is acquired as
a non-fair and open contract pursuant to N.J.S.A. 19:44A-2.05.
NOTICE OF CONTRACT AWARD
5. The Township Committee of the Township of Upper, State of New Jersey has
awarded the contract without competitive bidding as a professional service
pursuant to N.J.S.A. 40A:11-5(1)(a) to LeGore & Jones Appraisal Services and
Michael D. Jones for appraisal services. This contract and the resolution
authorizing same shall be available for public inspection in the office of the
municipal clerk of the Township of Upper, State of New Jersey.
6. A certificate from the Chief Financial Officer of Upper Township showing the
availability of adequate funds for this contract and showing the line item
appropriation of the official budget to which this contract will be properly
charged has been provided to the governing body and shall be attached to this
Resolution and kept in the files of the municipal clerk.
7. The contractor has registered with the State of New Jersey pursuant to c.57,
Laws of 2004 and has provided proof of that registration to the Township of
Upper.
8. The Mayor and the Township Clerk are hereby authorized and directed to
execute, on behalf of the Township of Upper, a Professional Contract with LeGore
& Jones Appraisal Services and Michael D. Jones in accordance with the terms and
provisions of the Local Public Contracts Law, subject to and in accordance with
the limitations imposed herein. Upon execution of all parties thereto said
contract shall become effective.
9. A copy of this Resolution shall be published in the official newspaper of the
Township of Upper within ten (10) days from the date of adoption.
10. This Resolution shall be effective as of adoption.
Resolution No. 227-2010
Offered by: Conrad
Seconded by: Newman
Adopted: November 22, 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. 228-2010
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. 228-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: November 22, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
CONRAD
__X__
_____
_____
_____
CORSON
_____
_____
_____
__X__
GABOR
__X__
_____
_____
_____
NEWMAN
__X__
_____
_____
_____
PALOMBO
__X__
_____
_____
_____
453/310.11
$1,060.03 FIRST
AMERICAN R/E TAX SERVICE
PO BOX 961250
FORTWORTH, TX 76161-9887
4TH QTR PAID BY TITLE CO
FOR NEW OWNER & MTG CO FOR OLD OWNER
599/52
$1,792.20 ROSS
ENTERPRISES
245 N. VIRGINIA AVE
CARNEYS POINT, NJ 08069
4TH QTR PAID BY TITLE CO
FOR NEW OWNER & OLD OWNER PAID IN
ERROR.
______________________________________________________________________________
WHEREAS, The Paynters are the
owners of certain
property located in Upper Township.
The Property is commonly known as 1786 Mt. Pleasant Road, Tuckahoe, New Jersey;
and
WHEREAS, the Township instituted
litigation against the Paynters regarding their Property located in Upper
Township, Township of Upper v. Joseph Paynter, Jr. and Elma Lou Paynter,
Docket Number CPM-C-83-09 in the Superior Court of New Jersey, Cape May County,
Chancery Division (hereafter, the “Chancery Division Lawsuit”); and
WHEREAS, the Chancery Division
Lawsuit was filed by the Township to enforce the terms of a Settlement Agreement
entered into between the Township and the Paynters dated October 31, 2008
(hereinafter “Settlement Agreement”), and approved by Township Resolution, No
288- 2008, dated November 24, 2010; and
WHEREAS, on August 26, 2010,
the Honorable William Todd entered a Final Judgment in the Chancery Division
Lawsuit in the amount of $26,600.00 against the Paynters and in favor of the
Township, as well as setting other deadlines for the Paynters’ compliance with
the terms of the previously entered Settlement Agreement; and
WHEREAS, Pursuant to the
terms of the Final Judgment, the Township was precluded from executing and
collecting upon the money portion of the Final Judgment until September 1, 2011;
and
WHEREAS, Pursuant to the
terms of the Final Judgment, the Paynters were required to bring the Property in
Compliance with the terms of the Parties’ Settlement Agreement by September 30,
2010 (hereinafter “Court Imposed Deadline”); and
WHEREAS, the Paynters made a payment
to the Township of Fourteen Thousand, Three Hundred ($14,300.00) Dollars to the
Township on or about October 31, 2010 in exchange for an extension of the Court
Imposed Deadline to clean the Property from September 30, 2010 until December 1,
2010; and
WHEREAS, the Paynters has
proposed a payment plan of the additional Fourteen Thousand, Three Hundred
($14,300.00) Dollars in order to avoid the Township
pursuing relief to litigant and enforcing the Final Judgment pursuant to New
Jersey Court Rule 1:10-3 and the placement of a municipal lien on the
Upper Township property; and
WHEREAS, the parties agree to a
payment plan in order to permit the Paynters to comply with the Final Judgment
and to avoid any further collection efforts by the Township regarding the money
portion of the Final Judgment. The
Parties’ Agreement is attached as Exhibit “A” to this Resolution and
incorporated by reference;
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee of the Township of Upper, in the County of Cape May
and State of New Jersey, as follows:
1.
The allegations of the Preamble are incorporated herein
by reference.
2.
The Township approves and agrees to the terms of the
Agreement between the Township and the Paynters attached as Exhibit “A” to this
Resolution.
3.
The Paynters have until December 1, 2010 to bring the
Property in Compliance with the terms of the Final Judgment;
4.
The total amount presently owed by the Paynters pursuant
to the Final Judgment of August 26, 2010 is Fourteen Thousand, Three Hundred
($14,300.00) Dollars.
5.
The Paynters, will pay Four Hundred ($400.00) Dollars
per month to the Township of Upper on the first of each month, beginning
December 1, 2010, for a period of Thirty two (32) months, which will conclude on
July 1, 2013.
6.
The Paynters will then make a Final Payment of One
Thousand, Five Hundred ($1,500.00) Dollars as of August 1, 2013.
7.
The Township’s agreement to accept such a payment plan
is conditioned upon the Paynters continuing to pay all subsequent real estate
taxes, assessments and any other Municipal liens imposed in a prompt manner and
remaining current on all said obligations during the term of this agreement.
8.
Additionally, the Township’s agreement to accept such a
payment plan is conditioned upon the Paynters continuing to comply with all
additional provisions of the Final Judgment.
9.
If the Paynters run delinquent on any of the
payments required under this agreement, or any subsequent tax, assessment and/or
Municipal lien obligations, or violate any provision of the Final Judgment, then
said agreement shall be void and the Township shall authorize the Township
attorney to Move to enforce litigants rights pursuant to Rule 1:10-3.
Additionally the Township will pursue placing a Municipal line on
1786 Mt. Pleasant
Road, Tuckahoe in accordance with New Jersey law.
10.
This Resolution ratifies, confirms and approves actions
taken by the Township Committee, by Motion, at the meeting of November 22, 2010.
Resolution No.
229–2010
Offered by: Newman
Seconded by: Conrad
Adopted: November 22, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Gabor
____X_____
__________ __________
________
Conrad
____X_____
__________ __________
________
Corson
___________ __________
__________ ____X___
Newman
____X_____ __________
__________ ________
Palombo
____X_____
__________ __________
________
AGREEMENT
THIS AGREEMENT is entered into this 22nd day of November,
2010, between the TOWNSHIP OF UPPER
(hereinafter referred to as “Township”), and
JOSEPH PAYNTER, JR. AND ELMA LOU PAYNTER
(hereinafter referred to as “The Paynters”).
WHEREAS, The Paynters are the
owners of certain
property located in Upper Township.
The Property is commonly known as 1786 Mt. Pleasant Road, Tuckahoe, New Jersey;
and
WHEREAS, the Township instituted
litigation against the Paynters regarding their Property located in Upper
Township, Township of Upper v. Joseph Paynter, Jr. and Elma Lou Paynter,
Docket Number CPM-C-83-09 in the Superior Court of New Jersey, Cape May County,
Chancery Division (hereafter, the “Chancery Division Lawsuit”); and
WHEREAS, the Chancery Division
Lawsuit was filed by the Township to enforce the terms of a Settlement Agreement
entered into between the Township and the Paynters dated October 31, 2008
(hereinafter “Settlement Agreement”), and approved by Township Resolution, No
288- 2008, dated November 24, 2010; and
WHEREAS, on August 26, 2010,
the Honorable William Todd entered a Final Judgment in the Chancery Division
Lawsuit in the amount of $26,600.00 against the Paynters and in favor of the
Township, as well as setting other deadlines for the Paynters’ compliance with
the terms of the previously entered Settlement Agreement.
The Final Judgment is incorporated by reference and is attached as
Exhibit “A” to this Agreement; and
WHEREAS, Pursuant to the
terms of the Final Judgment, the Township was precluded from executing and
collecting upon the money portion of the Final Judgment until September 1, 2011;
and
WHEREAS, Pursuant to the
terms of the Final Judgment, the Paynters were required to bring the Property in
Compliance with the terms of the Parties’ Settlement Agreement, whereby all
junked items and unregistered vehicles must be removed from the Property except
for twenty (20) specifically designated unregistered vehicles, by September 30,
2010 (hereinafter “Court Imposed Deadline”); and
WHEREAS, the Paynters made a payment
to the Township of Fourteen Thousand, Three Hundred ($14,300.00) Dollars to the
Township on or about October 31, 2010 in exchange for an extension of the Court
Imposed Deadline to clean the Property from September 30, 2010 until December 1,
2010; and
WHEREAS, there is presently due and
owing from the Paynters Fourteen Thousand, Three Hundred ($14,300.00) Dollars
pursuant to the Final Judgment; and
WHEREAS, the Paynters has
proposed a payment plan in order to avoid the Township
pursuing relief to litigant and enforcing the Final Judgment pursuant to New
Jersey Court Rule 1:10-3 and the placement of a municipal lien on the
Upper Township property; and
WHEREAS, the parties agree to a
payment plan in order to permit the Paynters to comply with the Final Judgment
and to avoid any further collection efforts by the Township regarding the money
portion of the Final Judgment;
NOW, THEREFORE, in
consideration of the mutual promises contained herein, and intending to be
legally bound, the parties AGREE as follows:
1.
In exchange for the Paynters’ payment of Fourteen
Thousand, Three Hundred ($14,300.00) Dollars on or about October 31, 2010, the
parties agreed to extend the Court Imposed Deadline to bring the Property in
compliance within the terms of the Settlement Agreement and the Final Judgment
is hereby extended from September 30, 2010 to December 1, 2010.
2.
The Paynters agree to pay Four Hundred ($400.00) Dollars
per month on the first of each month beginning on December 1, 2010 for
thirty-two (32) months. The
Paynters will pay to the Township of Upper this amount, $400.00 per month, on
the first of each month until July 1, 2013.
3.
The Paynters
will pay a final payment of One Thousand, Five Hundred ($1,500.00) Dollars on or
about August 1, 2013.
4.
The Township agrees not to pursue a Motion to enforce
litigant’s rights pursuant to New Jersey Court Rule 1:10-3, nor to pursue a
Municipal Lien against the Upper Township property.
5.
If the Paynters default on any payment obligation, or
becomes delinquent on any subsequent real estate taxes, assessments, and/or
Municipal liens on the Upper Township property, or if they fail to comply with
all additional provisions of the Final Judgment, then said Agreement shall be
null and void and the Township shall authorize the Township attorney to Move to
enforce litigants rights pursuant to Rule 1:10-3 and pursue all remedies to
enforce the terms of the Final Judgment.
In addition, the Township shall place a Municipal lien on the Upper
Township property as prescribed under New Jersey law
6.
All additional
provisions of the Final Judgment shall remain in full force and effect.
7.
The parties agree that if the Township is required to
retain counsel to enforce the provisions of this Agreement, then the Paynters
must pay for all reasonable attorneys' fees and costs incurred as a result of
said reach of the Agreement.
8.
The Township retains the right to enforce all applicable
ordinances and laws relating to the property.
9.
All parties certify that they have carefully read and
fully understand all the provisions and effects of this Agreement, and upon
reflection, each party has voluntarily entered into this Agreement.
10.
Neither party nor their agents, representatives or
attorneys has made any representation concerning the terms or effects of this
Agreement other than those contained herein.
11.
This Agreement is made and entered into in the State of
New Jersey and shall in all respects be interpreted and enforced according to
the laws of the State of New Jersey.
12.
The language of this Agreement shall in all cases be
construed as a whole and given its fair meaning and should not be construed
strictly for or against either of the parties.
13.
This Agreement sets forth the entire agreement between
the parties and fully supersedes any and all prior agreements or understandings
between them pertaining to the subject matter hereof.
IN WITNESS WHEREOF, and intending to
be legally bound hereby, the parties hereto have executed the foregoing
Agreement.
7.
Authorizing the adoption of the Cape May County
Multi-Jurisdictional All Hazards Mitigation Plan.
WHEREAS,
all of Cape May County has exposure to natural hazards that increase the risk to
life, property, environment and the County’s economy; and
WHEREAS;
pro-active mitigation of known hazards before a disaster event can reduce or
eliminate long-term risk to life and property; and
WHEREAS,
The Disaster Mitigation Act of 2000 (Public Law 106-390) established new
requirements for pre and post disaster hazard mitigation programs; and
WHEREAS;
a coalition of Cape May County municipalities with like planning objectives has
been formed to pool resources and create consistent mitigation strategies within
Cape May County; and
WHEREAS,
the coalition has completed a planning process that engages the public, assesses
the risk and vulnerability to the impacts of natural hazards, develops a
mitigation strategy consistent with a set of uniform goals and objectives, and
creates a plan for implementing, evaluating and revising this strategy;
NOW,
THEREFORE, BE IT RESOLVED that the
Township of Upper:
1)
Adopts in its entirety, the Cape May County
Multi-Jurisdictional All Hazards Mitigation Plan (the “Plan”) as the
jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the
actions identified in the Plan that pertain to this jurisdiction.
2)
Will use the adopted and approved portions of the
Plan to guide pre- and post-disaster mitigation of the hazards identified.
3)
Will coordinate the strategies identified in the
Plan with other planning programs and mechanisms under its jurisdictional
authority.
4)
Will continue its support of the Mitigation Planning
Committee as described within the Plan.
5)
Will help to promote and support the mitigation
successes of all participants in this Plan.
6)
Will incorporate
mitigation planning as an integral component of government and partner
operations.
7)
Will provide an update of the Plan in conjunction
with the County no less than every five years.
Resolution No.
230–2010
Offered by:
Newman
Seconded by: Conrad
Adopted: November
22, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X___
_____
_____
_____
Gabor
__X___
_____
_____
_____
Newman
__ X___
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Palombo
__ X___
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_____
* 8.
Budget Transfer.
TOWNSHIP OF UPPER
CAPE MAY
COUNTY
RESOLUTION
RESOLUTION NO.
231-2010
RE:
BUDGET TRANSFERS
_________________________________________________________________________
WHEREAS, budgetary
transfers between line items can be made after November 1st; and
WHEREAS,
it is necessary to make transfers between certain line items of the
Municipal Budget of the Township
of Upper.
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 following transfers between line items in the
Municipal Budget of the
Township of Upper shall be made
immediately:
TO
FROM
FIRST AID CONTRIBUTION
FIRST AID ORGANIZATION S/W
$5,000.00
$6,500.00
MUNICIPAL COURT O/E
$1,000.00
CONSTRUCTION CODE O/E
$500.00
Resolution No.
231-2010
Offered By: Conrad
Seconded By: Newman
Adopted: November 22, 2010
ROLL CALL VOTE:
NAME
YES NO
ABSTAINED
ABSENT
Conrad
____X_______
__________
___________
__________
Corson
____________
__________
___________
_____X____
Gabor
____X_______
__________
___________
__________
Newman
____X_______
__________
___________
__________
Palombo
____X_______
__________
___________
__________
9.
Introduction and First Reading Ordinance No.
013-2010, RE: AN ORDINANCE VACATING A PORTION OF THAT PAPER STREET KNOWN AS
OCEAN AVENUE, WITHIN THE TOWNSHIP OF UPPER, COUNTY OF CAPE MAY
AND STATE OF NEW JERSEY.
Motion was made by Jay
Newman seconded by Frank Conrad to introduce Ordinance No. 013-2010 with public
hearing and final adoption scheduled for December 13, 2010 at 7:30 P.M. During
roll call vote the four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE
MAY COUNTY
O R D
I N A N C E
ORDINANCE NO. 013-2010
ORDINANCE Authorizing the Vacation of a
PAPER STREET KNOWN AS OCEAN AVENUE, WITHIN THE TOWNSHIP OF UPPER,
COUNTY OF CAPE MAY AND STATE OF NEW JERSEY
WHEREAS,
The Township Committee of the Township of Upper, Cape May County has determined
that it is in the best interest of the Township to vacate a portion of Ocean
Avenue, a paper street, and allow it to revert to the adjoining property owners;
and
WHEREAS,
vacation of a public street, or part thereof, which has not been opened by the
municipality, may be authorized by the municipal governing body by Ordinance
pursuant to
N.J.S.A. 40:67-1 et. Seq., when there is no longer any need for the use of said
area by the public; and
WHEREAS,
Scott Halliday and Regina Hendricks are the owner of Block 636 Lot 6 and has
requested that the Township vacate a portion of a certain street described in
this Ordinance; and
WHEREAS,
Thomas J. Breazeale; Scott Halliday and Regina Hendricks; and Warren and
Kimberly Georgetti are the adjoining land owners to whom the vacated street
shall revert.
WHEREAS,
it is deemed to be in the public interest to vacate a portion of Ocean Avenue
within the Township of Upper, as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED
by the Township Committee of the Township of Upper, in the County of Cape May
and State of New Jersey, as follows:
1:
Pursuant to N.J.S.A. §40:67-19, et seq., all public right and interest in,
along, upon and over Ocean Avenue, a paper street, from Stagecoach Road to
Chestnut Street, particularly described on Schedule “A” attached here to, is
hereby vacated, surrendered and extinguished as follows:
2;
This Ordinance vacates no portion of Ocean Avenue except that portion set
forth and described in Schedule “A” attached hereto.
3:
All rights and privileges now possessed by any public utility as defined
in R.S. 48:2-13, and by any cable television company, as defined in the "Cable
Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair
and/ or replace their existing facilities in, adjacent, over or under Ocean
Avenue, a paper street, are hereby expressly reserved and excepted from this
vacation.
4:
All ordinances or parts of ordinances which are inconsistent with this
ordinance are repealed as to their inconsistencies only.
5:
Once the unimproved paper street has been vacated, then the Township’s
interest in and to the said unimproved paper street shall be released.
To the extent that any portion(s) of the underlying vacated area does not
transfer automatically to the adjacent property owners by operation of law, the
Township hereby authorized the conveyance of said underlying area(s) to the
adjoining property owner(s) by Deed, for nominal consideration, pursuant to
N.J.S.A. 40:67-19, et. Seq., N.J.S.A. 40:60-28, and N.J.S.A. 40A:12-13(b)(5), so
that these portions may be combined with and become part of the said adjacent
properties.
7:
The
Township Clerk shall, within sixty (60) days of the effective date of this
Ordinance, file a copy hereof, certified by the Clerk, under seal of the
Township, to be a true and exact copy of the Ordinance, together with a copy of
the proof of publication thereof, in the Office of the Cape May County Clerk for
recordation in the County’s Book of “Vacation,” pursuant to N.J.S.A. 40:67-21.
This
Ordinance shall take effect immediately upon final adoption and publication as
required by law.
This
Ordinance shall be known as Ordinance 013-2010.
SCHEDULE “A”
DESCRIPTION
FOR
THE VACATION OF A PORTION
OF AN
UNIMPROVED STREET, OCEAN AVENUE
IN
THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE
OF NEW JERSEY
That
portion of Ocean Avenue extending in a Northwesterly direction from Stagecoach
Road (County Road 667) BEGINNING at a point at the intersection of the
Northwesterly line of Stagecoach Road and the Northeasterly line of Ocean
Avenue, extending in a Northwestwardly direction along the Northeasterly line of
Ocean Avenue to a point at the intersection of the Southeasterly line of
Chestnut Avenue and the Northeasterly line of Ocean Avenue; then 40 feet in a
Southwestwardly direction across Ocean Avenue to a point in Lot 34 Block 636;
then in a Southeastwardly direction along the Southwesterly line of Ocean Avenue
and Block 636 to the point of intersection of the Northwesterly line of
Stagecoach Road and the Southwesterly line of Ocean Avenue; then extending in a
Northeastwardly direction across Ocean Avenue along the Northwesterly line of
Stagecoach Road to the place of beginning; as shown on the current Official Tax
Map of The Township of Upper, Cape May County, New Jersey.
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 22nd DAY OF NOVEMBER, 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 13TH DAY OF DECEMBER, 2010 AT 7:30 P.M. AT THE TOWNSHIP
HALL, TUCKAHOE, NEW JERSEY.
BY
ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
Motion was
made by Jay Newman seconded by Kristine Gabor to introduce Ordinance No.
014-2010 with public hearing and final adoption scheduled for December 13, 2010
at 7:30 P.M. During roll call vote all four Committee members present voted in
the affirmative.
11.
Upper Township
Planning Board-Special Resolution #03-10, Re: New Jersey State Highway Route 9
Transportation Study. Discussion on this matter tabled to December 20, 2010.
Motion made by Richard Palombo, second
by Jay Newman to place the matter on a future 2011 agenda barring no objections
from the School Board. During roll call vote all four Committee members present
voted in the affirmative.
UNFINISHED BUSINESS:
PAYMENT OF BILLS:
Bill submitted for payment:
$87,861.85
Payroll:
$161,057.17
Reports are available from the
Clerk’s Office.
PUBLIC COMMENT
CLOSED SESSION
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 232-2010
MOTION GOING INTO CLOSED SESSION
November 22, 2010
MEETING
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.
Contract negotiation – Collective Bargaining Agreement
2.
Litigation – Ginn v. Upper Township
3.
Litigation – Upper Township v. Yank and Sansone
4.
Personnel matters
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 four Committee members present voted in the affirmative.
Motion was made by Jay Newman,
second by Frank Conrad to close the executive session and reopen the regular
portion of the meeting. During roll
call vote all four Committee members voted in the affirmative.
Motion was made by Jay Newman,
second by Frank Conrad to amend the Introduction of the Salary Ordinance No.
014-2010 as follows: Salary of the Township Engineer to reflect an increase of
the maximum figure to $95,000. During roll call vote all four Committee members
voted in the affirmative.
ADJOURNMENT
There was no further business for this evening and the
meeting was adjourned at 9:20 PM.
Next meeting scheduled for December 13, 2010 at 7:30 P.M. The last
meeting for 2010 will be December 20, 2010 at 7:30 PM. The meeting previously
scheduled for December 27th has been cancelled.
Wanda Gaglione, RMC
Municipal Clerk
Bill List
52548 11/22/10 A0006 ADVANCE TREADS INC 184.00 2629
52549 11/22/10 A0018 ACTION SUPPLY INC. 279.63 2629
52550 11/22/10 A0021 ADAMS, GEORGE E. JR. 559.74 2629
52551 11/22/10 A0025 ADVANTAGE RENTAL ACE HARDWARE 1,511.13 2629
52552 11/22/10 A0070 ALBERTSONS/ACME 37.92 2629
52553 11/22/10 A0074 ATLANTIC CARE OCCU. MEDICINE 1,653.00 2629
52554 11/22/10 A0075 ADAMS, JOSHUA 52.21 2629
52555 11/22/10 A0091 ATLANTIC CITY ELECTRIC 5,333.49 2629
52556 11/22/10 A0117 AT&T 29.66 2629
52557 11/22/10 A0134 ANSELL ZARO GRIMM & AARON, PC 87.50 2629
52558 11/22/10 A0161 ABUNDANT LIFE ASSEMBLY OF GOD 78.09 2629
52559 11/22/10 A0167 AMERADA HESS CORPORATION 1,408.64 2629
52560 11/22/10 B0020 BLAKER,RAYMOND 99.95 2629
52561 11/22/10 B0035 BELMONT & CRYSTAL SPRINGS 225.04 2629
52562 11/22/10 B0091 BIRCHMEIER, JAMES 44.00 2629
52563 11/22/10 B0142 BRINKERHOFF ENVIRONMENTAL 750.00 2629
52564 11/22/10 B0173 BOBS FARM MARKET 614.82 2629
52565 11/22/10 B0182 BRIGGS LAW OFFICE, P.C. 798.04 2629
52566 11/22/10 B0195 BITTNER, MARY D'ARCY, ESQUIRE 200.00 2629
52567 11/22/10 C0030 CAMP, BARBARA 111.41 2629
52568 11/22/10 C0048 CAPE MAY COUNTY MUA 31,113.76 2629
52569 11/22/10 C0060 CAPRIONI'S PORTABLE TOILETS 989.00 2629
52570 11/22/10 C0068 COMCAST 109.98 2629
52571 11/22/10 C0071 CAPEHART & SCATCHARD, P.A. 1,726.00 2629
52572 11/22/10 C0156 COMPUTER HOUSE OF SOUTH JERSEY 209.00 2629
52573 11/22/10 C0171 COLONIAL ELECTRIC SUPPLY CO. 194.86 2629
52574 11/22/10 C0221 CRAGER, GARY 157.25 2629
52575 11/22/10 C0223 CASA PAYROLL SERVICE 218.25 2629
52576 11/22/10 C0230 CATAMARAN MEDIA COMPANY 222.60 2629
52577 11/22/10 D0015 DAN'S WELDING 1,500.00 2629
52578 11/22/10 D0080 DOWNAM, HARRY J. JR. 69.98 2629
52579 11/22/10 D0130 DuBELL LUMBER CO. 1,089.27 2629
52580 11/22/10 D0135 DITROIA, DARYL 240.00 2629
52581 11/22/10 E0012 EHRLICH PEST CONTROL INC 74.00 2629
52582 11/22/10 G0006 GARBUTT,PATRICIA A. 46.20 2629
52583 11/22/10 G0028 GENTILINI FORD 19.20 2629
52584 11/22/10 G0057 GLOBALSTAR USA LLC 73.28 2629
52585 11/22/10 H0018 HAROLD RUBIN/L & H SUPPLY 357.12 2629
52586 11/22/10 H0062 HOPE, JOHN J. 225.53 2629
52587 11/22/10 H0083 HUBER LOCKSMITHS, INC. 90.00 2629
52588 11/22/10 H0096 HARBOR OUTFITTERS 199.00 2629
52589 11/22/10 I0002 IAAO 350.00 2629
52590 11/22/10 I0019 INTERNATIONAL CODE COUNCIL,INC 53.95 2629
52591 11/22/10 J0041 JONES, JAMES M. 300.00 2629
52592 11/22/10 K0014 KEENAN,BRIAN 446.16 2629
52593 11/22/10 K0034 KOHLER, CLAUDE JR. 217.92 2629
52594 11/22/10 K0047 KLINE, EDWARD T. 60.13 2629
52595 11/22/10 L0080 LOWES, INC. 230.00 2629
52596 11/22/10 L0087 LINE SYSTEMS INC 475.24 2629
52597 11/22/10 M0103 MODERN GAS COMPANY, INC. 611.04 2629
52598 11/22/10 N0043 NAPA AUTO PARTS OF S.JERSEY 182.09 2629
52599 11/22/10 N0124 NORKIS, MARYELLEN 169.00 2629
52600 11/22/10 O0006 SJSHORE MARKETING,LLC 1,224.00 2629
52601 11/22/10 O0038 OSBORN, JAMES 202.78 2629
52602 11/22/10 P0007 PALOMBO,RICHARD A. 201.00 2629
52603 11/22/10 P0008 PALMER, NANCY 33.33 2629
52604 11/22/10 P0032 PEDRONI FUEL CO. 2,726.57 2629
52605 11/22/10 P0064 PITNEY BOWES 210.00 2629
52606 11/22/10 P0075 POSITIVE PROMOTIONS INC 398.85 2629
52607 11/22/10 P0121 PENGUIN COMMUNICATION LLC 24.00 2629
52608 11/22/10 R0030 RIGGINS, INC. 5,626.38 2629
52609 11/22/10 R0073 RICOH AMERICAS CORPORATION 788.10 2629
52610 11/22/10 S0015 SMYTH, PATRICIA 112.00 2629
52611 11/22/10 S0034 SCHULER, DANIEL 53.35 2629
52612 11/22/10 S0036 SCHULER, JAMES 154.55 2629
52613 11/22/10 S0092 SHONE, LEROY 124.00 2629
52614 11/22/10 S0097 SMH CPR TRAINING CENTER 35.00 2629
52615 11/22/10 S0122 SOMERS POINT LUMBER INC. 417.36 2629
52616 11/22/10 S0126 SPIEGEL, BARBARA 104.00 2629
52617 11/22/10 S0134 SO. JERSEY GAS COMPANY 610.74 2629
52618 11/22/10 S0157 SORENSEN, MICHAEL 400.00 2629
52619 11/22/10 S0196 STEWART BUSINESS SYSTEMS LLC 223.32 2629
52620 11/22/10 S0201 SURRAN'S NURSERY 1,111.00 2629
52621 11/22/10 S0209 STAPLES ADVANTAGE 236.27 2629
52622 11/22/10 T0022 TERMINIX 2.00 2629
52623 11/22/10 T0032 THE PRESS & SUNDAY PRESS 152.19 2629
52624 11/22/10 T0046 TIFFIN ATHLETIC MATS, INC. 1,478.00 2629
52625 11/22/10 T0067 TOWNSHIP OF UPPER PETTY CASH 14.70 2629
52626 11/22/10 T0074 TRANSAXLE LLC 71.72 2629
52627 11/22/10 T0097 TRICO EQUIPMENT INC. 2,436.91 2629
52628 11/22/10 U0002 U.T. BASKETBALL ASSOCIATION 52.50 2629
52629 11/22/10 U0025 UNITED STATES POSTAL SERVICE 2,000.00 2629
52630 11/22/10 U0034 UPPER TWP.GIRLS SOFTBALL ASSOC 549.50 2629
52631 11/22/10 U0038 UPPER TOWNSHIP RESCUE SQUAD 372.33 2629
52632 11/22/10 U0055 U.T. CHALLENGER PROGRAM 1,233.01 2629
52633 11/22/10 V0001 VCI EMERGENCY VEHICLE 110.40 2629
52634 11/22/10 V0022 VERIZON 2,240.82 2629
52635 11/22/10 W0027 WELSHIE'S 1,000.00 2629
52636 11/22/10 W0030 WEST PUBLISHING CO. 339.94 2629
52637 11/22/10 W0077 WAWA 680.00 2629
52638 11/22/10 W0082 WHARTON HARDWARE & SUPPLY CO 232.17 2629
52639 11/22/10 Y0007 YEP COMPANY 873.75 2629
52640 11/22/10 Y0020 YOUNG, BARBARA L. 75.00 2629
52641 11/23/10 TAX02010 TAX OVERPAYMENT LUMP SUM 1,060.03 2631
52642 11/23/10 TAX02010 TAX OVERPAYMENT LUMP SUM 1,792.20 2631
__________________
Total Paid: $87,861.85