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 - October 12, 2010 Regular
Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Richard Palombo,
Mayor:
his
report included the decision
of the judge on the significant
matter of the Strathmere Deannexation petition.
The judge ruled that the Township Committee’s decision to deny the
petition is affirmed in all aspects and the complaint is dismissed with
prejudice. The conclusion of the Judge was read into the record by Mayor Palombo
as follows:
“the
recommendation by the Upper Township Planning Board to deny the plaintiffs
de-annexation petition and the ultimate conclusion of the Upper Township
Committee to deny the Petition are more than adequately explained by the
Planning Board’s Impact Report , Planning Board Resolution Strathmere 109, and
Township Committee Resolution 133-2009 denying the De-Annexation Petition.
Denial of the de-annexation petition is neither arbitrary nor unreasonable given
the extensive record created before the Planning Board and subsequently provided
to and considered by the Township Committee in this matter. The denial of the
de-annexation petition was a reasonable exercise of the Township Committee’s
discretion after considering all the information before it and in giving due
consideration to the Plaintiffs various issues and concerns with regard to the
historical relationship between Strathmere and the Township. Therefore the
Township Committee’s decision to deny Strathmere’s de-annexation petition which
is memorialized in Resolution 133-2009 is affirmed in all aspects. The complaint
is dismissed with prejudice the final judgment is enclosed”.
Mayor Palombo
commended Municipal Attorney Danial Young for his expertise in Land Use and the
ability to understand the State Statues and regulations in defending this case.
He also recognized Dean Marcolongo and Township Co-Counsel Frank Corrado for
representing the Planning Board and their expertise. He further thanked the
Planning Board for the immense amount of time they put in through the hearings
and the entire process.
Mayor Palombo also
reported on the ribbon cutting ceremony he recently attended for the new
footbridge and trail at the Cameron Wildlife Sanctuary in Upper Township
sponsored by the County and the Noon Rotary Club.
He encouraged everyone to visit
the park and reported that
a link to the park will be
placed on UTTV.
Frank Conrad:
reminded all Township Departments to
submit their budget requests by November 15th. For the 2011 budget
process. Budget workshop meetings
will be scheduled in the new year.
Curtis Corson, Deputy Mayor:
reported that leaf collection will start soon and locations will be
posted on UTTV Channel 2.
Due to end of the year business Mr. Corson made a motion to
move the December 27, 2010 Committee meeting to December 20, 2010.
Jay Newman seconded the motion with all five Committee members voting in
the affirmative. December meetings
will be held on December 13th and December 20th; the
December 27th meeting will not be held.
Jay Newman:
reported that the memorial service held
in memory of Douglas Knobb, a Township EMT that recently passed away was well
attended, and that Mr. Knobb will be deeply missed.
Mr. Newman also
reported that the ambulance recently purchased for EMS was in service and
working well.
TOWNSHIP OF UPPER
PROCLAMATION
PROCLAIMING November 7, 2010
“CHANGE YOUR CLOCK,
CHANGE YOUR BATTERY DAY”
IN UPPER TOWNSHIP
________________________________________________________________
WHEREAS,
smoke alarms are present in 96% of American homes, of which 20% do not work
because of dead or missing batteries preventing the United Sates from achieving
the full potential of fire safety from smoke alarms; and
WHEREAS,
smoke alarms are still missing in 4% of U.S. homes and this group accounts for
39% of reported fires and nearly half of all the reported home fire deaths; and
WHEREAS,
smoke alarm maintenance is a simple, effective way to reduce home fire
deaths, and
WHEREAS,
the National Fire Safety Standards recommend a minimum of one smoke alarm on
each level of a home, one inside each bedroom, and one outside each sleeping
area; and
WHEREAS, “Change
Your Clock, Change Your Battery”, is a national home fire safety program which
urges Americans to change smoke alarm batteries when changing their clocks back
to standard time each fall; and
WHEREAS
the Township Committee of the Township of Upper is dedicated to the safety of
life and property from the devastating effects of fire and are joined by our
volunteer fire departments, businesses, schools, service clubs, churches, and
all of our citizens in their fire safety efforts.
NOW,
THEREFORE I, RICHARD PALOMBO MAYOR of the Township of Upper,
do hereby proclaim Sunday, November 7, 2010 as “Change Your Clock, Change Your
Battery” Day in Upper Township;
I FURTHER call upon all citizens of the Township of Upper to
participate in “Change Your Clock, Change Your Battery Day” the entire month of
November to ensure the safety of your loved ones from house fires.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.214-2010
RE: HONORING WILL HOWELL ON
ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS,
Will Howell, has recently achieved the designation of Eagle Scout in the Boy
Scouts of America; and
WHEREAS,
the Township of Upper wishes to acknowledge this outstanding accomplishment; and
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee of the Township of Upper, in the County of Cape May
and State of New Jersey, as follows:
RESOLVED THAT
the Township Committee extends its sincere Congratulations to Will on the
occasion of his receiving the designation of Eagle Scout and commends him for
this outstanding accomplishment and the completion of his Eagle Scout project
consisting of erecting a flag pole at the Church of Jesus Christ of Latter-Day
Saints,
Cape May Court House; and
FURTHER RESOLVED
that the Township Committee extends its congratulations and best wishes to
Will’s parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED
that the Township Committee also extends its congratulations and appreciation to
the Scout Masters of Troop 110 Lighthouse District, Jersey Shore Council and
others who give so freely and generously of their time for the benefit of our
youth.
GIVEN UNDER OUR HANDS
and the seal of the Township of Upper this 25th day of October, 2010.
Resolution
No.214–2010
Offered by: Conrad
Seconded by: Gabor
Adopted: October 25,
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.215-2010
RE:
APPOINTMENT OF KAREN BUCHANAN AND WILLIAM MCDANIELS
AS CLEAN
COMMUNITIES COORDINATORS
________________________________________________________________
WHEREAS, the Township of Upper supports the reauthorization of the Clean
Communities Act; and
WHEREAS, the Clean Communities Office has been set up to serve as a
clearinghouse for information related to litter and solid waste; and
WHEREAS, the Clean Communities Office is working to set up a database for
all Clean Communities coordinators in the state; and
WHEREAS, the Township Committee of the Township of Upper wishes to
appoint Karen Buchanan and William McDaniels as Clean Communities Coordinators
for 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 allegations of the preamble
are incorporated herein by this reference.
2. The Township of Upper hereby appoints Karen Buchanan and William McDaniels as
Clean Communities Coordinators for the Township of Upper.
Resolution No.215-2010
Offered by: Newman
Seconded by: Gabor
Adopted: October 25, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
X _
_______
Corson
_X
_______
Gabor
_X
_______
Newman
_X_
_______
Palombo
_X_
_______
WHEREAS, the
Township Committee of the Township of Upper has determined a need to obtain bids
for the replacement of the Whittier Avenue bulkhead; 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:
3. Sealed bids shall
be received by the Township of Upper in accordance with the directives contained
in the Notice to Bidders.
Resolution
No.216–2010
Offered by: Corson
Seconded by: Newman
Adopted: October 25,
2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____X_____ __________
__________ __________
Corson
____X_____
__________ __________
__________
Gabor
____X_____
__________ __________
_________
Newman
____X_____
__________ __________
__________
Palombo
____X_____
__________ __________
__________
6.
Introduction and First Reading of Ordinance No. 012-2010, RE: AN ORDINANCE
PROHIBITING UNREASONABLE OR UNNECESSARY NOISE WITHIN THE TOWNSHIP OF UPPER.
Motion by Curtis Corson second by Jay Newman to introduce Ordinance No.
012-2010 with public hearing scheduled for December 13, 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.
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
CORRESPONDENCE
Motion to approve request by
Curtis Corson, second by Frank Conrad with all five Committee members voting 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 made by Jay Newman, second by Frank Conrad with all five Committee
members voting in the affirmative.
Bills approved for payment:
$92,337.55
Payroll:
$167,238.40
Reports are available from the
Clerk’s Office.
PUBLIC COMMENT
There were no speakers from the public during this section
of the meeting.
CLOSED SESSION
which the public shall be excluded.
UPPER TOWNSHIP
RESOLUTION NO. 218-2010
MOTION GOING INTO CLOSED SESSION
October 25, 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 – Collective Bargaining 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 contract negotiations such matters will be made public
when negotiations have ceased and there is no longer a reason for
confidentiality.
Moved by:
Jay Newman
Second by:
Frank Contract
During roll
call vote all five Committee members voted in the affirmative.
Motion was made by Jay Newman, second by Frank Conrad to
close the executive session portion of the meeting and go back into open
session. During roll call vote all five Committee members voted in the
affirmative.
Committeewoman Kristine Gabor reported that she is working
with Mr. Dietrich to prepare the budget for recreation for 2011 which would be
included in with the Dept. of Public Works.
ADJOURNMENT
There was no further business for this evening and the
meeting was adjourned at 8:40 PM.
Next meeting scheduled for November 8, 2010 at 7:30 P.M.
Meetings for the rest of 2010 are as follows:
November 22, 2010
December 13, 2010
December 20, 2010
The meeting previously scheduled for December 27th
has been cancelled.
Wanda Gaglione, RMC
Municipal Clerk
52361 10/25/10 A0006
ADVANCE TREADS INC 1,111.70 2625
52362 10/25/10 A0025
ADVANTAGE RENTAL ACE HARDWARE 10.65 2625
52363 10/25/10 A0043
ALERT-ALL CORPORATION 637.00 2625
52364 10/25/10 A0054
A.M./P.M. SERVICES 99.00 2625
52365 10/25/10 A0070
ALBERTSONS/ACME 95.80 2625
52366 10/25/10 A0071
ANCHOR FIRE PROTECTION CO. 900.00 2625
52367 10/25/10 A0081
ARMSTRONG, RALON I. 476.00 2625
52368 10/25/10 A0091
ATLANTIC CITY ELECTRIC 6,097.96 2625
52369 10/25/10 A0092
ARC REPROGRAPHICS 292.50 2625
52370 10/25/10 A0099
ATLANTIC TIME SYSTEMS,INC. 264.90 2625
52371 10/25/10 A0100
ATLANTIC CITY ELECTRIC 73.18 2625
52372 10/25/10 A0117
AT&T 29.66 2625
52373 10/25/10 A0122
ANSELL,ZARO,GRIMM & AARON 35.00 2625
52374 10/25/10 A0143
ASPLUNDH BUICK-GMC INC 199.98 2625
52375 10/25/10 B0035
BELMONT & CRYSTAL SPRINGS 269.09 2625
52376 10/25/10 B0076
BOND,LAURENCE E. 1,661.63 2625
52377 10/25/10 B0184
BUSHONG, BRIAN 6.18 2625
52378 10/25/10 C0031
CAPE ASSIST 250.00 2625
52379 10/25/10 C0046
CAPE MAY COUNTY CLERK 80.00 2625
52380 10/25/10 C0048
CAPE MAY COUNTY MUA 34,009.08 2625
52381 10/25/10 C0060
CAPRIONI'S PORTABLE TOILETS 1,044.00 2625
52382 10/25/10 C0068
COMCAST 219.96 2625
52383 10/25/10 C0071
CAPEHART & SCATCHARD, P.A. 1,319.00 2625
52384 10/25/10 C0091
CHISHOLM, JOHN R. 114.99 2625
52385 10/25/10 C0131
CINTAS FIRST AID & SAFETY 56.57 2625
52386 10/25/10 C0171
COLONIAL ELECTRIC SUPPLY CO. 934.59 2625
52387 10/25/10 C0194
CUMMINS POWER SYSTEMS,INC. 1,585.00 2625
52388 10/25/10 C0221
CRAGER, GARY 113.92 2625
52389 10/25/10 C0223
CASA PAYROLL SERVICE 223.65 2625
52390 10/25/10 D0040
DELTA DENTAL OF N.J. INC. 7,029.11 2625
52391 10/25/10 D0086
DRAWING BOARD/WHEELER GROUPINC 196.68 2625
52392 10/25/10 E0012
EHRLICH PEST CONTROL INC 74.00 2625
52393 10/25/10 G0006
GARBUTT,PATRICIA A. 67.58 2625
52394 10/25/10 G0028
GENTILINI FORD 120.44 2625
52395 10/25/10 G0035
GENRON FIRE PROTECTION 327.50 2625
52396 10/25/10 H0002
H.A. DEHART & SON CORP. 78.55 2625
52397 10/25/10 H0012
HALL,ARTHUR 8.00 2625
52398 10/25/10 H0018
HAROLD RUBIN/L & H SUPPLY 981.06 2625
52399 10/25/10 H0073
HOME DEPOT CRC/GECF 5.98 2625
52400 10/25/10 J0014
JC MILLER'S 338.94 2625
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JANKOWSKI,MATTHEW 400.00 2625
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KACZMARSKI, RICHARD 49.99 2625
52403 10/25/10 K0016
KEENE, DAVID 91.74 2625
52404 10/25/10 K0034
KOHLER, CLAUDE JR. 38.00 2625
52405 10/25/10 K0047
KLINE, EDWARD T. 36.00 2625
52406 10/25/10 L0080
LOWES, INC. 351.07 2625
52407 10/25/10 M0007
MCAA OF NJ 100.00 2625
52408 10/25/10 M0016
McAFEE, MEGAN 50.10 2625
52409 10/25/10 M0017
MOORE MEDICAL CORP. 1.40 2625
52410 10/25/10 M0021
MASER CONSULTING, P.A. 5,183.11 2625
52411 10/25/10 M0103
MODERN GAS COMPANY, INC. 314.80 2625
52412 10/25/10 M0188
MCCARTHY TIRE SERVICE OF PHILA 300.48 2625
52413 10/25/10 N0004
NJ-AMERICAN WATER CO. 2.70 2625
52414 10/25/10 N0013
NEW JERSEY CHAPTER APWA 30.00 2625
52415 10/25/10 N0043
NAPA AUTO PARTS OF S.JERSEY 529.82 2625
52416 10/25/10 N0052
NATL YOUTH SPORTS COACHED ASSN 420.00 2625
52417 10/25/10 N0070
NIA GROUP ASSOCIATES, LLC 2,500.00 2625
52418 10/25/10 N0127
NIMCO INC 181.34 2625
52419 10/25/10 P0032
PEDRONI FUEL CO. 2,342.37 2625
52420 10/25/10 P0050
PARSIO, ANTHONY 45.59 2625
52421 10/25/10 P0056
TURF EQUIPMENT AND SUPPLY CO 218.76 2625
52422 10/25/10 P0064
PITNEY BOWES 420.00 2625
52423 10/25/10 P0121
PENGUIN COMMUNICATION LLC 58.56 2625
52424 10/25/10 Q0003
QC LABORATORIES 696.20 2625
52425 10/25/10 R0030
RIGGINS, INC. 4,383.51 2625
52426 10/25/10 R0045
RAINEAR,SCOT 275.00 2625
52427 10/25/10 R0075
RENTAL COUNTRY 519.96 2625
52428 10/25/10 S0001
SAM'S CLUB 125.57 2625
52429 10/25/10 S0020
AM SAN 906.03 2625
52430 10/25/10 S0073
SENIOR TRAVEL SERVICE,INC. 640.00 2625
52431 10/25/10 S0126
SPIEGEL, BARBARA 255.83 2625
52432 10/25/10 S0134
SO. JERSEY GAS COMPANY 184.07 2625
52433 10/25/10 S0153
STERICYCLE, INC. 260.10 2625
52434 10/25/10 S0196
STEWART BUSINESS SYSTEMS LLC 411.59 2625
52435 10/25/10 S0209
STAPLES ADVANTAGE 673.38 2625
52436 10/25/10 S0241
SAFEGUARD BUSINESS SYSTEMS 89.81 2625
52437 10/25/10 S0249
SPORT SUPPLY GROUP, INC 868.00 2625
52438 10/25/10 T0032
THE PRESS & SUNDAY PRESS 70.68 2625
52439 10/25/10 T0067
TOWNSHIP OF UPPER PETTY CASH 17.98 2625
52440 10/25/10 T0074
TRANSAXLE LLC 641.68 2625
52441 10/25/10 T0085
TREASURER, STATE OF NEW JERSEY 42.00 2625
52442 10/25/10 T0131
TROUT, ROSEMARY 161.42 2625
52443 10/25/10 T0156
ZACHARY TROUT 150.00 2625
52444 10/25/10 U0025
UNITED STATES POSTAL SERVICE 2,000.00 2625
52445 10/25/10 U0032
UPPER TOWNSHIP FOOTBALL ASSOC. 26.25 2625
52446 10/25/10 U0033
UPPER TOWNSHIP HOCKEY ASSOC. 26.25 2625
52447 10/25/10 V0005
VAN EMBDEN, NATHAN, ATTORNEY 487.50 2625
52448 10/25/10 V0022
VERIZON 2,281.92 2625
52449 10/25/10 V0026
VITAL COMPUTER RESOURCES, INC. 200.00 2625
52450 10/25/10 V0027
VANORDER, ROGER 123.98 2625
52451 10/25/10 W0030
WEST PUBLISHING CO. 371.94 2625
52452 10/25/10 W0038
WILLIAMS, JEREMIAH J. 244.24 2625
52453 10/25/10 W0060
WOOLLEY, THOMAS 90.00 2625
52454 10/25/10 Y0012
YOUNG,ROBERT 8.00 2625
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