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
Absent
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 22, 2010 Regular Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Jay Newman,
reported that the four way stop light
at Hope Corson and Stagecoach Road is fully operational.
He reported that EMS Chief Jay Potter was recently recognized as the EMT
of the Year and recommended that a resolution be placed on the Reorganization
meeting recognizing Chief Potter for this accomplishment.
Richard Palombo,
Mayor, discussed that a new board,
the NJ Pinelands Byway Council will be forming and that each municipality has
been requested to name a municipal representative.
Several people applied for the position and it was a difficult decision
to make however he recommended by motion that Joseph Pappano be named to the
position. Curtis Corson seconded with all four Committee members present voting
in the affirmative. A resolution
will be placed on a future agenda.
Daniel Young,
Municipal Attorney, reported he had
several items for discussion in closed session.
Paul Dietrich,
Municipal Attorney, reported that
Public Works employees, Christopher Thomas, Thomas Woolley and J. Michael Jones
successfully completed their State exam for Certified Public Works Managers.
He reported that
he recently received an email message from NJDOT that they have agreed to
install historical looking street lighting and sidewalks in the Tuckahoe area as
part of the Rt. 50 bridge replacement.
The time schedule will be that the project will probably go out to bid in
early next year and possibly the project will begin this time next year.
He reported that
the Township recently sold surplus equipment on an online auction site, GovDeals
and received $15,882, however two of the items did not sell because the minimum
bid was not met by an insignificant amount.
He requested that the minimum bid be reduced so that they could be
disposed of by a sale. Motion was made by Curtis Corson, second by Jay Newman
with all four Committee members present voting in the affirmative.
A resolution will be placed on a future agenda.
TOWNSHIP OF UPPER
CAPE MAY
COUNTY
RESOLUTION
RESOLUTION NO.
233-2010
RE:
SETTING THE DATE AND TIME
OF THE 2011
REORGANIZATION MEETING
OF THE TOWNSHIP OF UPPER
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 annual Reorganization Meeting of the Township
Committee shall be held on Friday, January 7, 2011, commencing at 6:30 P.M. at
the Upper Township Municipal Building, County Route 631, Petersburg, New Jersey.
2.
Notification of this meeting shall be given in
accordance with the
requirements of the Open Public
Meetings Act of the State of New
Jersey.
Resolution No. 233–2010
Offered by: Newman
Seconded by: Conrad
Adopted: December 13,
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.
234-2010
RE:
ACCEPTING THE HEARING CONSERVATION PROGRAM
____________________________________________________________________________________
WHEREAS, the Township of Upper in
order to comply with the Public Employees Occupational Safety and Health
(PEOSH), Occupational Noise Exposure Standard Program pursuant to 29 CFR
1910.95(d), to promote awareness, training and protection for employees working
in Township of Upper from potentially harmful occupational noise levels; and
WHEREAS,
the Township has already begun baseline audiogram testing of the Public Works
employees in order to comply with the PEOSH Program for Occupational Noise
Exposure Standards; and
NOW
THEREFORE BE IT RESOLVED, by the Governing Body of
Township
of Upper in the County of Cape
May, and the State of New Jersey as follows:
1.
The Hearing Conservation Program, Dated December 13,
2010 and attached as Exhibit “A” is hereby accepted by the Township of Upper.
2.
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. 234-2010
Offered by: Corson
Seconded by:
Conrad
Adopted: December 13, 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
RESOLUTION
RESOLUTION NO.
235-2010
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
FINANCIAL ADMIN. O/E
CLERK S/W
$1,000.00
$5,000.00
COMMUNITY CENTER O/E
GROUP INS. EMPLOYEES
$3,000.00
$5,000.00
COMP. ACCUMULATED ABSENCE
REGIONAL DISPATCH O/E
$20,000.00
$14,000.00
LEGAL SERVICES & COSTS O/E
BOARD OF HEALTH O/E
$5,000.00
$5,000.00
SOCIAL SECURITY
BEACH PATROL S/W
$500.00
$500.00
Resolution No.
235-2010
Offered By: Conrad
Seconded By: Newman
Adopted: December 13, 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. 236-2010
RE:
RESOLUTION AUTHORIZING PARTICIPATION IN THE CAPE MAY COUNTY COOPERATIVE
PRICING PROGRAM FOR AWARD OF COUNTY CONTRACT NO. 08-36-10, FURNISHING AND
DELIVERING OF ROCK SALT
____________________________________________________________________________
WHEREAS, the Township of Upper is a participating agency under the
Cape May County Cooperative Pricing Program; and
WHEREAS, the County of Cape May County has acted on behalf of the
Township of Upper as a lead agency for Cape May County Cooperative Contact No.
08-36-10; Furnishing and Delivering of Rock Salt; and
WHEREAS, the Township of Upper has been a member and wishes to
continue its participation with the Cape May County Cooperative; and
WHEREAS, the needs of the Township of Upper were bid by the county
and received on June 23, 2010 and a contract and recommendation by the lead
agency for Cape May County Cooperative Contract No. 08-36-10; Furnishing and
Delivering of Rock Salt for a primary and secondary vendor award to Oceanport,
LLC, P.O. Box 608, Claymont, DE 19703-0608 (Primary) and Mid Atlantic Sale, LLC,
P.O. Box 353, Lyndora, PA
16045-0353 (Secondary) for a period of twelve (12) months with an option for an
additional one (1) year extension; and
WHEREAS, the Township Engineer has reviewed the above described
bid and the contract awarded by Cape May County and recommend participation by
the Township; and
WHEREAS, it is recommended that the Township Committee of the
Township of Upper approve the purchase of rock salt from the Cape May County
Cooperative Pricing Program Contract No. 08-36-10; Furnishing and Delivering of
Rock Salt from the Cape May County Cooperative; primary vendor Oceanport
Industries, LLC and secondary vendor Mid Atlantic Salt, LLC for use in Township
snow removal operations.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of
the Township of Upper, Cape May County, that the Township hereby authorizes
participation in the Cape May County Cooperative Pricing Program for award of
County Contract No. 08-36-10; Furnishing and Delivering of rock salt for
Township snow removal operations as follows:
Oceanport Industries, LLC – Primary Vendor
P.O. Box 608
Claymont, DE
19703-0608
Rock Salt CC Grade 21 Ton & Up
Cape May County Co-Op price per ton -
$66.24
Mid-Atlantic Salt, LLC – Secondary Vendor
P.O. Box 353
Lyndora, PA
16045-0353
Rock Salt CC Grade 21 Ton & Up
Cape May County Co-Op price per ton -
$66.76
Resolution No. 236-2010
Offered by: Corson
Seconded by: Conrad
Adopted: December 13, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_____X______
__________
__________ __________
Corson
_____X______
__________
__________ __________
Gabor
____________
__________
__________ ____X_____
Newman
_____X______
__________
__________ __________
Palombo
_____X______
__________
__________ __________
5. Authorizing the execution of a
collective bargaining agreement between the Township of Upper and Council 71,
American Federation of State, County and Municipal employees (AFSCME), AFL-CIO
for the term January 1, 2011 to December 31, 2011.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.
237-2010
RE: AUTHORIZING THE EXECUTION OF A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE TOWNSHIP OF UPPER AND COUNCIL 71, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), AFL-CIO FOR THE
TERM JANUARY 1, 2011 TO DECEMBER 31, 2011
___________________________________________________________________________________
WHEREAS,;
the Township Committee appointed a Negotiating Committee to meet with a
Negotiating Committee appointed by Council 71, American Federation of State,
County and Municipal Employees (AFSCME), AFL-CIO (hereinafter “Bargaining
Unit”); and
WHEREAS,;
an agreement has been reached by the respective Negotiating Committees with
respect to the contract terms which terms have been ratified by the members of
the Collective Bargaining Unit and by the Township Committee;
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 ratifies, confirms
and approves a contract between the Township of Upper and the Bargaining Unit
for the term commencing January 1, 2011 until December 31, 2011, a copy of which
is attached hereto as “Exhibit A” and is on file in the office of the Municipal
Clerk and available for public inspection..
3.
The Mayor and Township Clerk are hereby authorized, directed and
empowered to sign said contract on behalf of the Township of Upper.
4.
This Resolution ratifies, confirms and approves action taken by the
Township Committee, by motion, at its regularly scheduled meeting held on
December 13, 2010.
Resolution No.
237-2010
Offered by:
Corson,
Seconded by:
Newman
Adopted: December 13, 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
O R D I N A N C E
ORDINANCE NO.
012-2010
AN
ORDINANCE PROHIBITING UNREASONABLE OR UNNECESSARY NOISE WITHIN THE TOWNSHIP OF
UPPER
___________________________________________________________________
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 III, Section 3-17, of the Revised General Ordinances of the Township of
Upper, also known as the Code of Upper Township, shall be adopted as follows:
3-17
Unreasonable or Unnecessary Noise.
3-17.1 Intent and Purpose.
The intent
of this Ordinance is to proscribe conduct which causes unreasonable or
unnecessary noise which constitutes a nuisance under New Jersey Law. Noise shall
be prohibited if it is unreasonable or unnecessary under the circumstances.
3-17.2 Noise Prohibited.
It shall be
unlawful to make or cause to be made any unreasonable or unnecessary noise which
does or is likely to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of others.
3-17.3 Determination of Unreasonable or Unnecessary Noise.
In the
enforcement of this Ordinance the following circumstances shall be weighed in
determining whether a noise is unreasonable or unnecessary in violation of this
Ordinance:
a.
Whether the noise is unreasonable or unnecessary in relation to any
approved use or activity.
b.
Whether the noise is unreasonable or unnecessary in relation to
historical and customary uses or activities.
c.
Whether the use or activity creating the noise is subject to any
conditions imposed by any governmental authority (site plan approval, licensing
approval, etc.) and whether any such conditions relate to the alleged noise
violation.
d.
The reasonableness of the conduct of the alleged violator.
e.
The time of
day that the noise occurred as well as
Its intensity and duration.
f.
The competing interests and the rights of the parties involved in the
noise complaint and the alleged violation.
3-17.3
Violations and Penalties.
Any person
violating any provisions of this section shall, upon conviction, be subject to
the penalties stated in Chapter I, Section 1-5 of this Code.
SECTION 2:
REPEALER: All Ordinances or parts of Ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency 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 immediately upon
final adoption and publication as required by law.
SECTION 5:
CODIFICATION:
This Ordinance shall be codified in Chapter III of the Upper Township Code
commencing at 3-17.
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 25th
OF OCTOBER, 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.
WANDA
GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
7.
Public hearing and final Adoption of 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. Municipal Attorney,
Daniel Young recused himself from discussion of this matter due to a conflict of
interest. During the public portion of the hearing, there were no speakers from
the public. Motion to adopt Ordinance No. 013-2010 made by Jay Newman, seconded
by Curtis Corson with all four Committee members present voting in affirmative.
TOWNSHIP OF UPPER
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.
WANDA
GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
8.
Public hearing and final Adoption of Ordinance
No. 014-2010, RE: AN ORDINANCE ESTABLISHING SALARIES FOR THE TOWNSHIP
OF UPPER FOR THE CALENDAR YEAR 2011. During the public portion of the
hearing there were no speakers from the public. Motion was made by Frank Conrad,
seconded by Curtis Corson to adopt Ordinance 014-2011. During roll call vote all
four Committee members present voted in the affirmative.
ORDINANCE NO. 014-2011
AN ORDINANCE ESTABLISHING SALARIES FOR THE TOWNSHIP
OF UPPER FOR THE CALENDAR YEAR 2011
_________________________________________________
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: TITLE:
This Ordinance shall be known as the Salary Ordinance of 2011.
SECTION
2: SALARIES:
Salaries for the various officials and employees of the Township of Upper
for the calendar year 2011 shall be as follows:
POSITION
MINIMUM
MAXIMUM - 2011
(P/T denotes "Part-Time Position")
A.
_ADMINISTRATIVE/REVENUE AND FINANCE:
I.
EDUCATIONAL CERTIFICATION PAY RAISE:
In addition to the salary set forth in this Ordinance upon resolution of
the Township Committee, the Township Committee may give an increase in salary of
$1,000.00 to any employee that has satisfied educational certification
requirements for his or her position in accordance with current Township policy.
The Township Committee shall by resolution fix the pay increase in this
regard and certify that the employee has satisfied the educational certification
requirement.
SECTION 3:
LONGEVITY: In addition
to the compensation and benefits otherwise payable, certain employees shall be
paid an additional sum based on longevity.
Any payment based on longevity shall be in accordance with the following
schedule:
YEARS OF SERVICE
AMOUNT OF INCREASE
BASED ON LONGEVITY
After 5 years
2%
After 10 years
4%
After 15 years
6%
After 20 years
8%
After 25 years
10%
SECTION 3A: RESTRICTIONS ON LONGEVITY PAYMENTS: Notwithstanding the
provisions of Section 3 hereof, a longevity payment or longevity bonus to any
single official, officer or employee of the Township of Upper shall not exceed
the sum of Three Thousand ($3,000.00) Dollars.
If, as of January 1, 1997, any such official, officer or employee of the
Township of Upper was entitled to a longevity payment in excess of Three
Thousand ($3,000.00) Dollars, then such individual shall be entitled to receive
the amount to which he or she would have been entitled as of January 1, 1997 and
each such official, officer or employee shall thereafter, in all subsequent
years, receive a longevity payment or bonus in the amount paid as of January 1,
1997. In no event shall the amount
of longevity payments exceed the sum of Three Thousand ($3,000.00) Dollars,
except for those individuals who are entitled to receive in excess of Three
Thousand ($3,000.00) Dollars as of January 1, 1997 and all such individuals
shall in 1997 and all succeeding years be restricted to a payment which does not
exceed that which was payable on January 1, 1997.
SECTION 3B: LONGEVITY PAY ABOLISHED FOR CERTAIN EMPLOYEES: Any official,
officer or employee who was employed by the Township of Upper on or after
January 1, 1996 shall not be entitled to any longevity payment.
Longevity pay is abolished for any and all officials, officers and
employees hired on or subsequent to that date.
SECTION 4: RESOLUTION AS TO
SALARIES: The salaries set forth in
this Ordinance are the Maximum salaries to be paid for the various positions
during 2011 and for such period or periods as this Ordinance shall remain in
effect. Such maximum salaries shall
be paid for each of the positions indicated unless the Township Committee, by
Resolution shall fix a lesser salary, in which event such lesser amount shall be
paid.
SECTION 5: EFFECTIVE DATE OF
PAYMENT: All salaries authorized by
this Ordinance shall be paid commencing as follows:
(A)
As of January 1, 2011 for all officials, officers
and employees of the
Township who were employed or appointed as of December 31, 2010.
For
those officials, officers and employees appointed at the Reorganization
Meeting of the Township Committee, such persons shall be deemed
appointed and employed by the Township as of January 1, 2011.
This
provision shall not apply to members of a
Collective Bargaining Unit.
(B)
The payment of any salary increment and longevity
payment for
members of a Collective Bargaining Unit shall be made in accordance
with the provisions of the Collective Bargaining Agreement currently in
effect, any other provisions here into the contrary not withstanding.
(C)
Upon the
effective date of appointment for all officers and employees appointed
subsequent to January 1, 2011.
(D)
Any salary
increases provided for in this Ordinance shall not apply to any official,
officer or employee of the Township who has resigned or otherwise terminated his
or her employment with the Township of Upper prior to the effective date of this
Ordinance.
SECTION 6: REPEALER:
All Ordinances or parts of Ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency.
SECTION 7: 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 8: EFFECTIVE DATE:
This Ordinance shall take effect immediately upon passage and publication
as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR
FIRST READING ON NOVEMBER 22, 2010AND WILL BE TAKEN UP FOR SECOND READING AND
FINAL ADOPTION AT A MEETING OF THE UPPER TOWNSHIP COMMITTEE TO BE HELD ON
DECEMBER 13, 2010 AT 7:30 P.M.
BY ORDER OF THE TOWNSHIP COMMITTEE.
WANDA GAGLIONE, RMC
CORRESPONDENCE
UNFINISHED
BUSINESS:
13.
Shared Service Agreement with County of Cape May to provide Heavy Equipment
Fleet Maintenance.
The matter was tabled to after closed session due to it being a
contract negotiation.
14.
Authorizing reimbursement of the Reasonable cost of Municipal Services to Osprey
Point Condominium Association.
Mayor Palombo reclused himself from discussion on this matter to avoid conflict.
Deputy Mayor Corson presided over this matter.
The Township is required to provide these services or reimburse them.
Previously the Township reimbursed Osprey Point for trash pickup however
the Public Works department will now pick up at that site for a trial time
period. This is a cost savings
suggestion made by Township employees.
This arrangement does not include snow removal.
Motion was made by Frank Conrad, second by Jay Newman to approve the
trial time period of providing trash pick up to Osprey Point.
During roll call vote 3 voted in the affirmative.
Mayor Palombo Abstained.
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.”
The payment of the
bills was deferred until the end of the meeting.
Reports are
available from the Clerk’s Office.
PUBLIC COMMENT
Ted Kingston,
Strathmere, thanked the Township Committee for the adoption of the noise
ordinance.
CLOSED SESSION
UPPER TOWNSHIP
RESOLUTION NO. 238-2010
MOTION GOING INTO CLOSED SESSION
December 13, 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.
Contract negotiation – Shared Services Agreement with County of Cape May
for fleet maintenance
2.
Contract negotiation – Risk Management Consultant
3.
Personnel matters
4.
Litigation – Citizens for Strathmere & Whale Beach v. Upper Township
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.
Motion
seconded: Frank Conrad
Vote of
Township Committee to adopt resolution.
During roll call
vote all four Committee members voted in the affirmative.
Jay Newman made the motion to pay all
bills submitted for payment; Frank Conrad seconded the motion with all four
Committee members present voting in the affirmative.
Bills submitted for payment:
$177,216.23
Payroll:
$168,099.74
Motion was made by
Curtis Corson, second by Frank Conrad to table action on the proposal for a
Shared Service with Cape May County for fleet maintenance until a later meeting.
During roll call vote all four Committee members present voted in the
affirmative.
ADJOURNMENT
**Please note—the
order of the agenda may be changed at the discretion of the Township Committee.
There was no further business for this evening and the
meeting was adjourned at 9:20 P.M.
Next meeting scheduled for December 20, 2010 at 7:30 P.M.
The meeting of
December 27th has been cancelled.
Wanda Gaglione, RMC
Municipal Clerk
BILL LIST
52646 12/13/10 A0004
A+ COMMERCIAL OFFICE CLEANERS 4,825.00 2635
52647 12/13/10 A0006
ADVANCE TREADS INC 327.00 2635
52648 12/13/10 A0018
ACTION SUPPLY INC. 973.64 2635
52649 12/13/10 A0020
ACU-THERM SUPPLY CO.,INC. 109.50 2635
52650 12/13/10 A0023
ADAMS, JOHN 345.00 2635
52651 12/13/10 A0025
ADVANTAGE RENTAL ACE HARDWARE 1,034.90 2635
52652 12/13/10 A0070
ALBERTSONS/ACME 75.84 2635
52653 12/13/10 A0071
ANCHOR FIRE PROTECTION CO. 450.00 2635
52654 12/13/10 A0081
ARMSTRONG, RALON I. 100.96 2635
52655 12/13/10 A0086
AT&T MOBILITY 198.41 2635
52656 12/13/10 A0091
ATLANTIC CITY ELECTRIC 15,255.75 2635
52657 12/13/10 A0117
AT&T 21.85 2635
52658 12/13/10 A0131
ACORN 300.00 2635
52659 12/13/10 B0068
BLACKLEDGE, MELISSA 2,000.00 2635
52660 12/13/10 B0076
BOND,LAURENCE E. 3,544.26 2635
52661 12/13/10 B0091
BIRCHMEIER, JAMES 16.00 2635
52662 12/13/10 B0092
BROKER, EUGENE JR. 110.00 2635
52663 12/13/10 B0093
BARRY,CORRADO,GRASSI & GIBSON 392.50 2635
52664 12/13/10 B0102
GIRL SCOUT TROOP#4474 300.00 2635
52665 12/13/10 B0103
GIRL SCOUT TROOP #42714 300.00 2635
52666 12/13/10 B0107
BROWNIE TROOP #41360 600.00 2635
52667 12/13/10 B0160
BONNER, ROSEMARY 27.50 2635
52668 12/13/10 B0182
BRIGGS LAW OFFICE, P.C. 716.89 2635
52669 12/13/10 B0199
BROWNIE TROOP #41372 300.00 2635
52670 12/13/10 C0002
C.M.C. CHAMBER OF COMMERCE,INC 550.00 2635
52671 12/13/10 C0021
CIVIL SOLUTION A DIVISION 2,100.00 2635
52672 12/13/10 C0048
CAPE MAY COUNTY MUA 28,729.76 2635
52673 12/13/10 C0051
COUNTRY SHORE WOMEN'S CLUB 300.00 2635
52674 12/13/10 C0060
CAPRIONI'S PORTABLE TOILETS 522.00 2635
52675 12/13/10 C0061
CAPRIONI FAMILY SEPTIC 357.74 2635
52676 12/13/10 C0068
COMCAST 168.56 2635
52677 12/13/10 C0101
CHATTEN, LINWOOD R. 162.00 2635
52678 12/13/10 C0103
CHURCH OF THE RESURRECTION 300.00 2635
52679 12/13/10 C0131
CINTAS FIRST AID & SAFETY 63.99 2635
52680 12/13/10 C0168
CLOVER BUDS 4-H PREP CLUB 300.00 2635
52681 12/13/10 C0186
CUB SCOUT PACK #55 300.00 2635
52682 12/13/10 C0190
CUB SCOUT PACK #79 600.00 2635
52683 12/13/10 C0197
COVENANT LIFE CHRISTIAN FELLOW 300.00 2635
52684 12/13/10 C0221
CRAGER, GARY 84.98 2635
52685 12/13/10 C0223
CASA PAYROLL SERVICE 224.95 2635
52686 12/13/10 C0237
CADCA 200.00 2635
52687 12/13/10 D0026
DEAUGUSTINE, JOE 816.98 2635
52688 12/13/10 D0040
DELTA DENTAL OF N.J. INC. 6,946.84 2635
52689 12/13/10 D0080
DOWNAM, HARRY J. JR. 219.86 2635
52690 12/13/10 E0017
EDMUNDS & ASSOCIATES,INC. 1,200.00 2635
52691 12/13/10 E0038
EMSAR NEW JERSEY 249.95 2635
52692 12/13/10 E0047
EFINGER SPORTING GOODS CO 630.00 2635
52693 12/13/10 F0054
FORT DEARBORN LIFE INSURANCE 539.33 2635
52694 12/13/10 F0074
FUTURE ACT CLUB 300.00 2635
52695 12/13/10 F0080
FAMILIES UNITED NETWORK 300.00 2635
52696 12/13/10 G0002
GAGLIONE, WANDA 94.00 2635
52697 12/13/10 G0022
G.T.A.M. ASSOCIATION 300.00 2635
52698 12/13/10 G0037
GFOA OF NEW JERSEY 90.00 2635
52699 12/13/10 G0064
GIRL SCOUT TROUP # 46721 300.00 2635
52700 12/13/10 G0079
GLOBAL CONNECT 2,942.50 2635
52701 12/13/10 G0092
GRUND, BARBARA J. 2,000.00 2635
52702 12/13/10 G0094
GRUBB, JON 42.60 2635
52703 12/13/10 H0018
HAROLD RUBIN/L & H SUPPLY 685.95 2635
52704 12/13/10 H0057
HISTORICAL PRESERVATION 300.00 2635
52705 12/13/10 H0131
HPI PROCESSES, INC 789.19 2635
52706 12/13/10 H0135
HANSON AGGREGATES 1,154.15 2635
52707 12/13/10 J0033
JANKOWSKI,MATTHEW 400.00 2635
52708 12/13/10 J0036
JOHNSON, MICHELLE 594.20 2635
52709 12/13/10 J0039
JOHNSON & TOWER INC. 210.00 2635
52710 12/13/10 J0049
JR. GIRL SCOUT TROOP#6853 300.00 2635
52711 12/13/10 K0007
KACZMARSKI, RICHARD 8.00 2635
52712 12/13/10 K0014
KEENAN,BRIAN 443.07 2635
52713 12/13/10 K0016
KEENE, DAVID 167.22 2635
52714 12/13/10 K0028
KIRK'S PIZZA 257.00 2635
52715 12/13/10 K0030
KNIGHTS OF COLUMBUS 300.00 2635
52716 12/13/10 K0037
KOHLER, JOHN F 215.93 2635
52717 12/13/10 L0031
LORCO PETROLEUM SERVICES 75.00 2635
52718 12/13/10 L0034
LAYTON, BRENDA MRS. 331.35 2635
52719 12/13/10 L0040
LEA, SHELLEY 35.50 2635
52720 12/13/10 L0080
LOWES, INC. 208.66 2635
52721 12/13/10 M0012
McCAULEY, RICHARD 70.79 2635
52722 12/13/10 M0021
MASER CONSULTING, P.A. 1,630.00 2635
52723 12/13/10 M0046
MASON, DAVID 401.38 2635
52724 12/13/10 M0059
MCDANIELS, WILLIAM J. III 40.00 2635
52725 12/13/10 M0070
MID ATLANTIC WASTE SYSTEMS 761.11 2635
52726 12/13/10 M0103
MODERN GAS COMPANY, INC. 2,916.09 2635
52727 12/13/10 M0142
MASON, NICHOLAS 140.81 2635
52728 12/13/10 M0173
MONROE SYSTEMS FOR BUSINESS 41.99 2635
52729 12/13/10 M0188
MCCARTHY TIRE SERVICE OF PHILA 776.97 2635
52730 12/13/10 M0193
MAYNE, MICHAEL 177.06 2635
52731 12/13/10 M0201
MODERN MARKETING, INC. 214.61 2635
52732 12/13/10 M0216
MID ATLANTIC SALT 3,312.01 2635
52733 12/13/10 M0222
MUNICIPAL CAPITAL CORPORATION 392.00 2635
52734 12/13/10 N0004
NJ-AMERICAN WATER CO. 164.60 2635
52735 12/13/10 N0043
NAPA AUTO PARTS OF S.JERSEY 121.28 2635
52736 12/13/10 N0052
NATL YOUTH SPORTS COACHED ASSN 60.00 2635
52737 12/13/10 N0054
NEWMAN, JOHN C 2,000.00 2635
52738 12/13/10 N0070
NIA GROUP ASSOCIATES, LLC 2,500.00 2635
52739 12/13/10 N0100
N.J. LEAGUE OF MUNICIPALITIES 32.00 2635
52740 12/13/10 N0124
NORKIS, MARYELLEN 10.44 2635
52741 12/13/10 O0012
OCEAN CITY BD. OF EDUCATION 1,350.00 2635
52742 12/13/10 O0042
ORCHARDS HYDRAULIC SERVICE INC 250.00 2635
52743 12/13/10 P0008
PALMER, NANCY 34.50 2635
52744 12/13/10 P0024
PEER LEADERSHIP 300.00 2635
52745 12/13/10 P0026
PAYNTER, JOSEPH 384.90 2635
52746 12/13/10 P0032
PEDRONI FUEL CO. 1,774.66 2635
52747 12/13/10 P0034
PEIFER, SUSAN R. 89.36 2635
52748 12/13/10 P0035
PEPPERMINT PUPPETEERS 1,125.00 2635
52749 12/13/10 P0036
PENNELLO,DAVID 290.84 2635
52750 12/13/10 P0075
POSITIVE PROMOTIONS INC 452.91 2635
52751 12/13/10 P0090
PTA, 7th GRADE CLASS 300.00 2635
52752 12/13/10 P0096
PREVITI,MICHELE M. 527.90 2635
52753 12/13/10 P0104
PASHUCK, SUZANNE 19.23 2635
52754 12/13/10 P0121
PENGUIN COMMUNICATION LLC 9,300.00 2635
52755 12/13/10 P0124
PRO CLUB 300.00 2635
52756 12/13/10 R0030
RIGGINS, INC. 7,695.18 2635
52757 12/13/10 R0065
ROBERT BROWN TREE SERVICE 700.00 2635
52758 12/13/10 R0097
ROCK-N-RESCUE 88.28 2635
52759 12/13/10 S0001
SAM'S CLUB 627.79 2635
52760 12/13/10 S0031
SCHULER SECURITY, INC. 105.00 2635
52761 12/13/10 S0062
SEAVILLE METHODIST YOUTH GROUP 300.00 2635
52762 12/13/10 S0066
SEETON TURF WAREHOUSE LLC 1,110.00 2635
52763 12/13/10 S0075
SHARP,RHONDA L. 102.00 2635
52764 12/13/10 S0108
SOUTHERN NEW JERSEY NIGP 40.00 2635
52765 12/13/10 S0115
SOCCER UNDER 14 GIRLS 300.00 2635
52766 12/13/10 S0116
SOCCER-U-14 TRAVEL BOYS 300.00 2635
52767 12/13/10 S0121
SMUZ, THERESE A 50.30 2635
52768 12/13/10 S0153
STERICYCLE, INC. 260.10 2635
52769 12/13/10 S0160
STAR LODGE # 65 300.00 2635
52770 12/13/10 S0196
STEWART BUSINESS SYSTEMS LLC 305.26 2635
52771 12/13/10 S0197
STEERED STRAIGHT INC. 300.00 2635
52772 12/13/10 S0209
STAPLES ADVANTAGE 735.86 2635
52773 12/13/10 S0239
SHORE VET. ANIMAL CONTROL LLC 2,300.00 2635
52774 12/13/10 S240
SJTP 2,500.00 2635
52775 12/13/10 T0018
TEKK COMM COMMUNICATIONS 495.00 2635
52776 12/13/10 T0020
TERWILLIGER, DUANE E. 50.00 2635
52777 12/13/10 T0022
TERMINIX 49.00 2635
52778 12/13/10 T0032
THE PRESS & SUNDAY PRESS 408.69 2635
52779 12/13/10 T0038
THOMAS, CHRISTOPHER 110.00 2635
52780 12/13/10 T0044
THOMSON, KERRY AGENCY 1,280.00 2635
52781 12/13/10 T0067
TOWNSHIP OF UPPER PETTY CASH 10.35 2635
52782 12/13/10 T0074
TRANSAXLE LLC 2,317.78 2635
52783 12/13/10 T0100
TROOP #55 TUCKAHOE 300.00 2635
52784 12/13/10 T0102
TROOP #79 300.00 2635
52785 12/13/10 T0115
TURF & FARM SUPPLIES, INC. 985.00 2635
52786 12/13/10 T0131
TROUT, ROSEMARY 170.00 2635
52787 12/13/10 U0002
U.T. BASKETBALL ASSOCIATION 5,075.00 2635
52788 12/13/10 U0010
UPPER TOWNSHIP CHEERLEADING 52.50 2635
52789 12/13/10 U0040
U.T. MUNICIPAL ALLIANCE COM. 300.00 2635
52790 12/13/10 V0013
VERIZON WIRELESS 380.99 2635
52791 12/13/10 V0018
VILLAGE PHARMACY, INC. 820.50 2635
52792 12/13/10 V0022
VERIZON 170.55 2635
52793 12/13/10 V0024
VAL-U AUTO PARTS L.L.C. 382.15 2635
52794 12/13/10 V0027
VANORDER, ROGER 169.98 2635
52795 12/13/10 V0036
VITABELLA ITALIAN TAKE OUT INC 1,500.00 2635
52796 12/13/10 W0024
WEBELOS PACK #55 300.00 2635
52797 12/13/10 W0027
WELSHIE'S 436.00 2635
52798 12/13/10 W0030
WEST PUBLISHING CO. 339.94 2635
52799 12/13/10 W0031
WESLEY METHODIST CHURCH 300.00 2635
52800 12/13/10 W0091
WILSON, PAM 146.37 2635
52801 12/13/10 Y0007
YEP COMPANY 466.50 2635
52802 12/13/10 Y0008
YOUNG, DANIEL J. ESQUIRE PC 14,875.00 2635
52803 12/13/10 Y0020
YOUNG, BARBARA L. 32.50 2635
52804 12/13/10 Y0023
YOUNG, DANIEL J. ATTORNEY 2,625.00 2635
52805 12/13/10 Z0001
ZOLL MEDICAL CORPORATION 948.96 2635
================