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 -
June 14, 2010 Regular Meeting and
Wanda Gaglione,
Municipal Clerk: reported on the
July 4th events. The parade in Strathmere scheduled to begin at 11:00
AM; Family Fun Day at Amanda’s Field which begins at 6:00 PM and ends at 9:00 PM
just prior to the Fire Works display which will begin at dark.
Daniel Young, Municipal Attorney: reported he had
several items for closed session as follows:
Litigation regarding Strathmere Beach Lot
Condemnations; Litigation Tax Appeals;
Personnel matters; Contract
Negotiations-Jankowski and Contract negotiations-Banking Services Agreement.
Paul Dietrich, Township Engineer: reported on a
request submitted to Township Committee by Zoning Officer Shelly Lea asking
that the Township take action to clean up two properties within the Township
that are in violation of Zoning Laws and creating safety concerns. The
properties are as follows:
22 Rivendell Road, the Frances J. Batka Estate has
overgrown shrubbery, general disrepair of the house, and includes a concrete
pool at the rear of the house that was installed without permits and is creating
safety concerns.
1571 Route 50 Bessie Beebe Estate a vacant property in
foreclosure. The Zoning officer reported that this property is also overgrown
and the building is in disrepair. She recommended demolition of the structure if
not deemed structurally sound. The
Committee recommended further investigation into the zoning officers request.
Mr. Corson abstained from discussion of this matter to
avoid any conflict. Mr.
Dietrich reported on the matter of a possible encroachment onto Twp. property by
Echo Farms Campground that was discussed at the last meeting. As directed, he
received quotes from three surveyors, he reported that the lowest quote received
was from Martinelli Surveying for $2,750 to survey the entire lot, or $1,000 for
a survey of a portion of the lot. Motion by Frank Conrad, second by Jay Newman
to authorize $1,000 for Martinelli Surveying to survey the portion of the lot to
identify any encroachments. During
roll call vote four Committee members voted in the affirmative, and Mr. Corson
abstained.
Mr. Dietrich discussed National Incident Management System
(NIMS) training for the Township Committee and employees. He also discussed
automated trash collection. Mr. Dietrich asked the Committee if they would be
ready to move forward with a bond ordinance to be able to be ready to implement
the program in 2011. The Committee directed him to give a presentation on how
the program will work and a breakdown on the yearly costs and savings. Mrs.
Gabor gave a brief report on a recent Recreation Committee meeting with the
Cheerleader Association that she attended.
1. Presentation by ESGR
(Employer Support of the Guard and Reserve) Organization---Recognition and
appreciation of the Upper Township Committee, the Upper Township Chiefs
Association and the Upper Township EMS, for their employer support to National
Guard and Reserve Personnel.
Ret. Brigadier General Jeffrey Pierson was present as the ESGR Chairperson in
this region to present to the Township Committee certificates of appreciation
for the support and cooperation given to those employees that are also New
Jersey’s men and woman of the National Guard and Reserve Forces.
The certificate will be framed and displayed at the Township Hall.
Curtis Corson abstained and did not participate in the
discussion.
During the public portion of the hearing there were no
speakers from the public. Motion was made by Jay Newman, seconded by Kristine
Gabor to renew the Deauville Inn liquor license.
During roll call vote four Committee members voted in the affirmative.
Curtis Corson abstained from voting or any participation on this matter.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RE: RENEWAL OF ALCOHOLIC
CONSUMPTION LICENSES
FOR THE LICENSE YEAR COMMENCING JULY 1, 2010.
________________________________________________________________________
WHEREAS, holders of the alcoholic beverage licenses in the Township of
Upper have applied for renewal of licenses in the prescribed manner; and
WHEREAS, said holders of alcoholic beverage licenses have complied with
all requirements of law and regulations of the Division of Alcoholic Beverage
Control; and
WHEREAS, although objections have been filed with the Township Committee
as the issuing authority of the Township of Upper, they have been withdrawn.
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 the following
licenses be authorized for issue for the license year effective July 1, 2010:
Deauville Inn, Inc.
201 Willard Road
P.O. Box 406
Strathmere, N.J. 08248
License # 0511-33-003-006
Plenary Retail Consumption License
Municipal Fee Paid: $700.00
State Fee Paid: $200.00
BE IT FURTHER RESOLVED that the aforesaid alcoholic beverage licenses
which have been authorized to be issued pursuant to this Resolution shall be
delivered to the licensee or his authorized agent at such time as the licensee
or his authorized agent shall sign an actual receipt therefore in the stub of
the license book and otherwise satisfy the requirements of N.J.A.C. 13:2-3.2.
Resolution No. 144 -2010
Offered by: Newman
Seconded by: Gabor
Adopted: June 28, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X___
__________ __________
________
Corson
________
__________ ____X____
________
Gabor
____X___
__________ __________
________
Newman
____X___
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________
Palombo
____X___
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________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 145-2010
AS PART-TIME SEASONAL EMPLOYEES
TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
_______________________________________________________________
WHEREAS, a
need exists to appoint qualified personnel as part-time employees to the Upper
Township Recreation Department to insure optimal operation; and
WHEREAS, a
recommendation has been made to the Township Committee and duly considered at
the meeting of June 14, 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. Joshua Dubrille and Michael Dugan are hereby appointed in
part-time seasonal position effective June 1, 2010 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 June 14, 2010.
Resolution No.145 -2010
Offered by: Newman
Seconded
by: Gabor
Adopted: June 28, 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. 146-2010
RE: APPOINTMENT OF DAVID NEVILLE
AS A PART-TIME SEASONAL BEACH SWEEPER
TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
_______________________________________________________________
WHEREAS, a
need exists to appoint qualified personnel as part-time employees to the Upper
Township Recreation Department to insure optimal operation; and
WHEREAS, a
recommendation has been made to the Township Committee and duly considered at
the meeting of June 14, 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. David Neville is hereby appointed to a part-time seasonal
position as a beach sweeper, effective immediately at a salary of $10.50 per
hour in accordance with the Salary Ordinance.
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. 146-2010
Offered by:Palombo
Seconded by:Newman
Adopted: June 28, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
__X___ _____
_____
_____
Corson
__X___ _____
_____
_____
Gabor
__X___ _____
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_____
Newman
__X___ _____
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Palombo
__X___ _____
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_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 147-2010
RE: APPOINTING THE 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:
ROOKIE GUARDS
Patrick Egan
$10.25 per hour
Christopher McCann $10.25 per hour
Daniel Palombo
$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. 147–2010
Offered by: Corson
Seconded by: Conrad
Adopted:
June 28, 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.148-2010
RE: APPOINTMENT
OF STEVE C. EISENHAUER
AS THE UPPER
TOWNSHIP ALTERNATE REPRESENTATIVE
TO THE GREAT EGG
HARBOR NATIONAL SCENIC
AND RECREATIONAL
RIVER COUNCIL
_____________________________________________________________________________
WHEREAS, the Great Egg Harbor National Scenic and Recreational River
Council (“River Council”) is comprised of one representative from each of the
12 municipalities involved and one representative from the Great Egg Harbor
Watershed Association, and Upper Township is one of the municipalities involved;
and
WHEREAS, the “River Council” provides input on a wide variety of issues
from federal and state permits for construction projects in the river corridor
to the expenditure of funds made available through the National Park Service;
and
WHEREAS, the present Upper Township representative to the “River
Council”, is William C. Handley; and
WHEREAS, the need for an alternate Upper Township representative to the
“River Council” may arise; and
WHEREAS, the Township of Upper has determined that Steve C. Eisenhauer
should be appointed as the alternate representative of the Township of Upper to
the “River Council”; 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. Steve C. Eisenhauer is
hereby appointed for a term, commensurate with William C. Handley’s, commencing
on June 28, 2010 and ending on January 31, 2012 to the “River Council” as the
alternate representative of Upper Township, New Jersey.
Resolution No. 148-2010
Offered by: Conrad
Seconded by:
Palombo
Adopted: June 28, 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.149-2010
RE: AUTHORIZING THE CHIEF FINANCE OFFICER TO WITHDRAWAL FUNDS IN THE AMOUNT OF $
20,000.00 FROM THE ACCOUNT ENTITLED
RECREATION TRUST FUND-DEVELOPERS FOR IMPROVEMENTS AT
THE AMANDA’S FIELD RECREATION COMPLEX
_______________________________________________________________________________________
WHEREAS, it
is necessary for the Township of Upper to make certain improvements at the
Amanda’s Field Recreation Complex; and
WHEREAS,
a recommendation for improvements have been made to the Township Committee and
duly considered at the meeting of June 14, 2010.
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 of the Township of Upper is hereby authorized, directed and empowered to
withdraw funds in the amount of $20,000.00 from the account entitled Recreation
Trust Fund-Developers for improvements at the Amanda’s Field Recreation Complex.
3. This Resolution ratifies, confirms and approves action taken by the Township
Committee, by motion, at the meeting of June 14, 2010.
Resolution
No.149-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: June 28,
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.150-2010
RE: AUTHORIZING THE
ADVERTISEMENT FOR BIDS FOR
THE KILLDEER HILL ROAD PAVING PROJECT
_______________________________________________________________________
WHEREAS, the
Township of Upper from time to time finds it necessary to pave various streets
throughout the municipality; and
WHEREAS,
pursuant to the provisions of the Local Public Contracts Law, the Township of
Upper intends to solicit bids as herein indicated;
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 Engineer is
hereby authorized and directed to prepare specifications, bid documents and
solicit bids for the following project:
Killdeer Hill Road Paving Project.
3. Sealed bids shall be received by the Township of Upper in accordance
with the directives contained in the Notice to Bidders.
Resolution
No.150-2010
Offered by: Newman
Seconded by: Gabor
Adopted: June 28,
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. 151-2010
RE: DECLARING A DEFAULT WITH RESPECT TO
RICHNAN GROUP, L.P., PRINCIPAL, AND LEXON INSURANCE COMPANY, SURETY BOND NO.
1014147 WITH RESPECT TO THAT SUBDIVISION KNOWN AS SEAVILLE PLANTATION
BLOCK 453, LOTS 259.19 AND 259.07
IN THE TOWNSHIP OF UPPER, CAPE MAY COUNTY,
NEW JERSEY
WHEREAS, the
Planning Board of Upper Township has heretofore approved a major subdivision
known as Seaville Plantation, Block 453, Lots 259.19 and 259.07, in the Township
of Upper, County of Cape May and State of New Jersey; and
WHEREAS,
a condition of approval required the Developer, Richnan Group, L.P., to provide
to the Township of Upper a Performance Bond in sufficient amount to cover the
construction of improvements; and
WHEREAS,
such Performance Bond was thereafter provided in accordance with the
requirements of the Municipal Land Use Law of New Jersey, N.J.S.A.
40:55D-1, et seq.; and
WHEREAS,
the Richnan Group, L.P. is the Principal and Lexon Insurance Company is Surety
under Bond No. 1014147; and
WHEREAS,
Richnan Group, L.P., has failed to complete the improvements as required by the
major subdivision approval granted by the Upper Township Planning Board; and
WHEREAS,
the Developer as Principal and Lexon Insurance Company as Surety have been
placed on notice as to the uncompleted work; and
WHEREAS,
as of June 28, 2010, the work required to complete the improvements had not been
commenced by the Developer or Surety; and
WHEREAS,
by letter dated May 3, 2010, the Developer and the Bonding Company were placed
on notice that the Township would declare the Developer, as Principal, to be in
default 30 days from such notice and in the event the work was not completed in
accordance with the terms of the original approval the Township would claim
payment under the Performance Bond for the cost of completion of the work; and
WHEREAS,
the Township Committee has duly considered this matter and has received the
recommendations of the Township Engineer and the Township Solicitor.
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 makes the factual findings and determinations
as set forth in the preamble and incorporates the same herein.
2.
Richnan Group,
L.P., is hereby declared to be in default of its obligations as Developer of
Seaville Plantation, a major subdivision within
the Township of Upper, Block 453,
Lots 259.19 and
259.07; and
4. The Surety, Lexon
Insurance Company, shall forthwith complete the work or pay over to the Township
of Upper the amount of the Performance Bond, the proceeds of which shall be
utilized by the Township of Upper to complete the work required by the major
subdivision final approval.
5. In the event that the work is not completed forthwith or the Bond
proceeds are not paid over to the Township of Upper forthwith, the Township is
hereby authorized to commence litigation in the Superior Court of New Jersey
against Richnan Group, L.P., Principal, and Lexon Insurance Company, as well as
any and all other persons, parties or entities responsible or liable.
Resolution No.
151 -2010
Offered by: Newman
Seconded by: Conrad
Adopted: June 28, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___X_______
__________ __________
__________
Corson
___________
__________ _____X____
__________
Gabor
___X_______ __________
__________
__________
Newman
___X_______
__________ __________
__________
Palombo
___X_______
__________
__________
__________
TOWNSHIP OF UPPER
RE:
CHAPTER 159 RESOLUTION FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE
INTO THE 2010 BUDGET THAT WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE
BUDGET—ADMINISTRATIVE OFFICE OF THE COURTS--STATE OF NEW JERSEY
MUNICIPAL COURT ALCOHOL
EDUCATION, REHABILITATION AND ENFORCEMENT FUND IN THE AMOUNT OF $125.68
WHEREAS,
N.J.S. 40A-87 PROVIDES THAT THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT
SERVICES MAY APPROVE THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET
OF ANY COUNTY OR MUNICIPALITY WHEN SUCH ITEM SHALL HAVE BEEN MADE AVAILABLE BY
LAW AND THE AMOUNT THEREOF WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE
BUDGET; AND
WHEREAS,
SAID DIRECTOR MAY ALSO APPROVE THE INSERTION OF AN
ITEM OF APPROPRIATION FOR AN EQUAL AMOUNT; AND
WHEREAS,
THE TOWNSHIP OF UPPER WILL RECEIVE AN AMOUNT OF $125.68 FROM THE
ADMINISTRATIVE OFFICE OF THE COURTS STATE OF NEW JERSEY MUNICIPAL COURT ALCOHOL
EDUCATION, REHABILITATION AND ENFORCEMENT FUND AND WISHES TO AMEND ITS 2010
BUDGET TO INCLUDE THIS AMOUNT AS A REVENUE.
NOW,
THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF
UPPER HEREBY REQUESTS THE DIRECTOR OF THE DIVISION
OF LOCAL GOVERNMENT SERVICES APPROVE THE INSERTION OF AN ADDITIONAL ITEM OF
REVENUE IN THE BUDGET OF THE YEAR 2010 IN THE SUM OF $125.68 FOR A TOTAL GRANT
OF $125.68, WHICH IS NOW AVAILABLE AS A REVENUE FROM:
REVENUE: STATE & FEDERAL REVENUE OFFSET WITH APPROPRIATIONS:
MUNICIPAL COURT ALCOHOL EDUCATION, REHABILITATION AND ENFORCEMENT FUND, AND
BE IT
FURTHER RESOLVED THAT A LIKE SUM OF $125.68 FOR A TOTAL GRANT OF $125.68 BE
AND THE SAME IS HEREBY APPROPRIATED UNDER THE CAPTION OF:
APPROPRIATION: STATE AND FEDERAL PROGRAMS OFFSET BY REVENUE:
MUNICIPAL COURT
ALCOHOL EDUCATION, REHABILITATION AND ENFORCEMENT FUND, AND
BE IT
FURTHER RESOLVED, THAT THE TOWNSHIP CLERK FORWARD TWO
COPIES OF THIS RESOLUTION TO THE DIRECTOR OF LOCAL GOVERNMENT SERVICES.
Resolution No.
152-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: June 28,
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.
153-2010
RE: DESIGNATING CERTAIN STRATHMERE BEACH AREAS
IN
THE TOWNSHIP OF UPPER
AS A
SURFING BEACH, FISHING BEACH, AND A CATAMARAN/SAILBOAT BEACH
FOR THE 2010 SUMMER SEASON
________________________________________________________________________________
WHEREAS,
in accordance with Chapter IX entitled Recreational Facilities, of the
Revised General Ordinances it is necessary to designate certain beach areas
along the Strathmere shore in the Township of Upper strictly for the use of
surfboards, sailboats, catamarans and other similar devices, for the 2010 summer
season; and
WHEREAS,
after consideration and review of the beach conditions,
recommendations were made to the Township Committee and duly considered at the
meeting of June 28, 2010.
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.
It has been determined by the Township Committee that for the 2010 summer
season:
·
Surfing Beach: Between
Vincent Avenue and Sherman Avenue
·
Fishing Beach: Between
Williams and Seacliff Avenue and between Whittier Ave and Williams Avenue
·
Catamaran/ Sailboat Beach:
Between Prescott Avenue and Nelson Avenue
3. In accordance with the Revised
General Ordinances of the Township of Upper, use of the designated beaches for
surfboards, sailboats, catamarans, etc. are permitted only between the hours of
6:00 AM and 9:00 PM. Swimming on
the beach areas designated above is prohibited except in front of lifeguard
stand. Owners of permitted catamarans as defined in the ordinance are required
to obtain a license from the Township Clerk’s Office.
4. During imminent storm all
watercraft shall be removed from the designated beach areas.
Resolution No.
153-2010
Offered by: Gabor
Seconded by: Conrad
Adopted: June 28, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Corson
____X______
__________ __________
__________
Gabor
____X______
__________ __________
__________
Newman
____X______
__________ __________
__________
Motion by Jay Newman second by
Frank Conrad to introduce Ordinance No. 006-2010 with public hearing scheduled
for July 26, 2010 at 7:30 P.M. 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. 006-2010
AN ORDINANCE VACATING A PORTION OF THAT PAPER STREET KNOWN AS THE ALLEY IN BLOCK
827 ADJACENT TO LOT 3, WITHIN THE TOWNSHIP OF UPPER, COUNTY OF CAPE MAY AND
STATE OF NEW JERSEY
WHEREAS,
N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an
Ordinance, among other things, to vacate any street, highway, lane, alley,
square, place or park, or any part thereof, dedicated to public use but not
accepted by the municipality, whether or not the same, or any portion, has been
actually opened or improved; and
WHEREAS,
Jeffrey S. Rue, Christine F. Rue, Robert J. Fagan, Sr. and Rose L. Fagan are the
owners of Block 827, Lots 2 and 3 and have requested that the Township vacate a
portion of a certain street described in this Ordinance and have agreed to pay
the costs incurred by the Township to vacate said alley; and
WHEREAS,
the Township Committee has duly considered the matter and it appears reasonable
to agree to the request since there is no present or foreseeable need or
intention to utilize said roadway; and
WHEREAS,
it is deemed to be in the public interest to vacate a portion of Atlantic 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:
SECTION 1:
The public right in, along, upon and over the following described land is hereby
vacated, surrendered and extinguished:
Description
Vacation of Portion of Alley
In Tax Block 827
as shown on Tax Map Sheet No. 33.01
Strathmere Section of
Township of Upper
BEGINNING in the Southwesterly line of Randolph Avenue 148.8 feet Northeasterly
from the Southeasterly line of Bayview Drive and at the Northeasterly corner of
Lot 3 in Block 827 extending Southwesterly along Lot 3 in Block 827 a distance
of 100 feet to a point also being the common property corner of Lot 3 and 5 in
Block 827; then 10 feet Southeasterly across said alley to a point in the
Northwesterly property line of Lot 4 in Block 827; then 100 feet in a
Northeasterly direction along the Northwesterly property line of Lot 4 to a
point in the Southwesterly line of Randolph Avenue; then 10 feet in a
Northwestwardly direction along the Southwesterly line of Randolph Avenue to the
point of beginning.
SECTION 2:
This Ordinance vacates no portion of the alley except that portion set forth and
described in SECTION 1 above.
SECTION 3:
EXCEPTION: This Ordinance expressly reserves and excepts
from vacation all rights and privileges now possessed by public utilities, 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 replace their existing facilities in, adjacent to, over or under the
street, highway, lane, alley, square, place or park, or any part thereof, to be
vacated, as hereinabove described.
SECTION 4:
REPEALER:
All Ordinances or parts of Ordinances inconsistent with this Ordinance 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.
ATTEST:
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 28TH DAY OF JUNE, 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 26TH DAY OF JULY, 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
NEW BUSINESS
14.
Greater
Tuckahoe Area Merchant’s Association--request use of the Tuckahoe Beach on
Sunday August 1, 2010 from 8:00 AM-2:00 PM for the 29th Annual Canoe
& Kayak Race. Motion was made by
Jay Newman, second by Frank Conrad to approve the request.
During roll call vote all five Committee members voted in the
affirmative.
15.
Tuckahoe
Area Merchants Association, request to hold raffle on August 1, 2010, at the
Annual Canoe and Kayak Race, Raffle #371.
Motion was made by Jay Newman, second
by Frank Conrad to approve the raffle.
During roll call vote all five Committee members voted in the
affirmative.
16.
Mark
Kabbeko request for refund of Construction permit fees for voided permit
#2009-0240 in the amount of $991.20.
Motion was made by Jay
Newman, second by Curtis Corson to approve the request.
During roll call vote all five Committee members voted in the
affirmative.
17.
Consideration of
phone system update and replacement for municipal offices.
Mr.
Dietrich gave a brief report on a new phone-message system proposed for the
Township Hall, Rescue Squad, DPW, and Recreation buildings.
He reported that the Township could save 32.5% over the current phone
bills.
Motion was made by Curtis Corson,
second by Frank Conrad to accept the quote subject to the review of the Township
Attorney. During roll call vote all
five Committee members voted in the affirmative.
UNFINISHED
BUSINESS:
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.
During roll call vote all five Committee members voted in the
affirmative.
Bills submitted for payment:
$98,714.76 0.00
Payroll:
$187,436.55
He reported
that by supporting the programs recommended by the Joint Insurance Fund such as
the Safety Committee, training exercises, safety programs etc., that insurance
costs have dropped and there are less injuries and accidents.
CLOSED SESSION
Resolution No. 154-2010
RESOLUTION GOING INTO CLOSED SESSION
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.
Litigation –
beach lot condemnation
2.
Litigation – tax appeals
3.
Personnel matters
4.
Contract negotiation - Jankowski
5.
Contract negotiation – Banking Services Agreement
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.
During voice
vote all five Township Committee members voted in the affirmative to adopt
resolution.
ADJOURNMENT
There was no further business for this evening and the
meeting was adjourned at 10:30 P.M., motion by Frank Conrad, second by Jay
Newman. During roll call vote, all
five Committee members present voted in the affirmative.
Next meeting scheduled for July 12, 2010, at 7:30 P.M.
Wanda Gaglione, RMC
Municipal Clerk
51640 06/28/10 A0006 ADVANCE TREADS INC 1,543.70 2605
51641 06/28/10 A0030 AFTER-PROM COMMITTEE OCHS 4,600.00 2605
51642 06/28/10 A0041 ALL ACTION WATER SPORTS, INC. 110.00 2605
51643 06/28/10 A0070 ALBERTSONS/ACME 52.61 2605
51644 06/28/10 A0074 ATLANTIC CARE OCCU. MEDICINE 3,745.00 2605
51645 06/28/10 A0091 ATLANTIC CITY ELECTRIC 9,616.29 2605
51646 06/28/10 A0109 ATLANTIC CO. M.C.A 35.00 2605
51647 06/28/10 B0076 BOND,LAURENCE E. 1,750.44 2605
51648 06/28/10 B0104 BRUNETTI,WALTER,SR. 460.00 2605
51649 06/28/10 B0142 BRINKERHOFF ENVIRONMENTAL 750.00 2605
51650 06/28/10 B0182 BRIGGS LAW OFFICE, P.C. 251.77 2605
51651 06/28/10 B0184 BUSHONG, BRIAN 57.50 2605
51652 06/28/10 B0193 BROSS, GEORGIE 48.00 2605
51653 06/28/10 B0194 BARLOW, ELYSE 24.00 2605
51654 06/28/10 B0196 BRT TECHNOLOGIES LLC 1,405.75 2605
51655 06/28/10 BO195 BORNHARDT, SAMANTHA 24.00 2605
51656 06/28/10 C0068 COMCAST 219.96 2605
51657 06/28/10 C0087 CATANOSO, ERICA ROSE 24.00 2605
51658 06/28/10 C0113 DILLENBERGER, ERIC RICKY 75.00 2605
51659 06/28/10 C0131 CINTAS FIRST AID & SAFETY 26.89 2605
51660 06/28/10 C0138 COASTAL MECHANICAL SYSTEMS INC 733.28 2605
51661 06/28/10 C0143 CODY'S POWER EQUIPMENT 25.59 2605
51662 06/28/10 C0216 COMPULAN CONSULTANTS, INC. 2,000.00 2605
51663 06/28/10 C0223 CASA PAYROLL SERVICE 290.45 2605
51664 06/28/10 D0040 DELTA DENTAL OF N.J. INC. 6,793.73 2605
51665 06/28/10 D0054 DiNARDO, BRUCE 740.00 2605
51666 06/28/10 D0127 DOUGHERTY, MICHAEL 38.50 2605
51667 06/28/10 E0048 EDGELL, ASHLEY 48.00 2605
51668 06/28/10 F0054 FORT DEARBORN LIFE INSURANCE 511.79 2605
51669 06/28/10 G0004 UPPER TOWNSHIP WRESTLING ASSOC 26.25 2605
51670 06/28/10 G0006 GARBUTT,PATRICIA A. 43.00 2605
51671 06/28/10 G0008 GALLO GMC TRUCK SALES INC. 383.62 2605
51672 06/28/10 G0021 GARTLAND, JOSEPH, INC. 153.04 2605
51673 06/28/10 G0028 GENTILINI FORD 49.97 2605
51674 06/28/10 G0096 GRUND, GEORGE 124.00 2605
51675 06/28/10 H0005 HARNEY, JOE 500.00 2605
51676 06/28/10 H0090 HARPER, MATTHEW 48.00 2605
51677 06/28/10 H0138 HUSTON, STANLEY 50.00 2605
51678 06/28/10 I0021 INTERSTATE BATTERIES 140.89 2605
51679 06/28/10 J0033 JANKOWSKI,MATTHEW 400.00 2605
51680 06/28/10 J0035 JOHNS, TRISTAN 14.50 2605
51681 06/28/10 J0051 JOHNS, ERICA 48.00 2605
51682 06/28/10 J0067 JOHNSON, BRETT 24.00 2605
51683 06/28/10 K0007 KACZMARSKI, RICHARD 8.00 2605
51684 06/28/10 K0068 KING, AARON 48.00 2605
51685 06/28/10 K0069 KALINOWSKI, COREY 24.00 2605
51686 06/28/10 L0096 LINDSAY, RUSSELL 18.00 2605
51687 06/28/10 M0046 MASON, DAVID 114.15 2605
51688 06/28/10 M0076 MGL PRINTING SOLUTIONS 532.00 2605
51689 06/28/10 M0142 MASON, NICHOLAS 75.50 2605
51690 06/28/10 M0188 MCCARTHY TIRE SERVICE OF PHILA 890.50 2605
51691 06/28/10 M0190 MENDEZ, BELICIA 29.00 2605
51692 06/28/10 M0191 MATOUSCH, RACHAEL 36.00 2605
51693 06/28/10 N0034 NICHOLAS, KEN 400.00 2605
51694 06/28/10 N0043 NAPA AUTO PARTS OF S.JERSEY 124.27 2605
51695 06/28/10 N0070 NIA GROUP ASSOCIATES, LLC 2,500.00 2605
51696 06/28/10 O0006 OCS PRINTING 410.00 2605
51697 06/28/10 O0012 OCEAN CITY BD. OF EDUCATION 480.39 2605
51698 06/28/10 O0038 OSBORN, JAMES 164.68 2605
51699 06/28/10 O0044 OLIVER, JUSTIN 611.03 2605
51700 06/28/10 P0007 PALOMBO,RICHARD A. 276.27 2605
51701 06/28/10 P0032 PEDRONI FUEL CO. 2,914.82 2605
51702 06/28/10 P0064 PITNEY BOWES 447.96 2605
51703 06/28/10 P0070 POMEROY, JENNER 72.00 2605
51704 06/28/10 P0073 POGUE INC. 354.00 2605
51705 06/28/10 P0076 POSTMASTER-TUCKAHOE 184.00 2605
51706 06/28/10 R0030 RIGGINS, INC. 5,354.72 2605
51707 06/28/10 R0073 RICOH AMERICAS CORPORATION 512.10 2605
51708 06/28/10 R0092 RUTGERS, THE STATE UNIVERSITY 830.00 2605
51709 06/28/10 R0095 RODRIGUEZ, LUIS 60.00 2605
51710 06/28/10 S0056 SEASHORE ASPHALT CORPORATION 371.93 2605
51711 06/28/10 S0083 SHERWIN WILLIAMS, CO. 135.28 2605
51712 06/28/10 S0134 SO. JERSEY GAS COMPANY 189.17 2605
51713 06/28/10 S0185 STOCKTON STATE COLLEGE 26,114.13 2605
51714 06/28/10 S0244 SAUL, RYAN 30.00 2605
51715 06/28/10 T0018 TEKK COMM COMMUNICATIONS 174.50 2605
51716 06/28/10 T0032 THE PRESS & SUNDAY PRESS 94.05 2605
51717 06/28/10 T0048 TILL PAINT CO/D. FITZGERALD 308.00 2605
51718 06/28/10 T0052 TOWNSHIP OF DENNIS 1,000.00 2605
51719 06/28/10 T0067 TOWNSHIP OF UPPER PETTY CASH 47.78 2605
51720 06/28/10 T0074 TRANSAXLE LLC 1,307.46 2605
51721 06/28/10 T0094 TREASURER STATE OF NEW JERSEY 50.00 2605
51722 06/28/10 T0115 TURF & FARM SUPPLIES, INC. 968.00 2605
51723 06/28/10 T0132 TRI STATE EZ DOCK INC 370.00 2605
51724 06/28/10 T0153 THE TREE SURGEON, LLC 750.00 2605
51725 06/28/10 U0025 UNITED STATES POSTAL SERVICE 4,400.00 2605
51726 06/28/10 U0034 UPPER TWP.GIRLS SOFTBALL ASSOC 26.25 2605
51727 06/28/10 V0005 VAN EMBDEN, NATHAN, ATTORNEY 3,345.30 2605
51728 06/28/10 V0022 VERIZON 2,463.27 2605
51729 06/28/10 V0024 VAL-U AUTO PARTS L.L.C. 315.85 2605
51730 06/28/10 V0031 VANMETER, DONNIE 48.00 2605
51731 06/28/10 W0030 WEST PUBLISHING CO. 679.88 2605
51732 06/28/10 W0086 WYAND, GABBY 48.00 2605
================ ================
Total $98,714.76
***