TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 0827CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
Presentation of the Colors by Cub Scout Pack 55
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 - April 12, 2010 Regular Meeting and
Closed Session Minutes
Motion was made by Curtis Corson, second by Frank Conrad to approve the Regular Minutes as corrected. During roll call vote, four committee members voted in the affirmative, Mayor Palombo abstained from voting.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad: He discussed the recently defeated Upper Township School Budget and the need for a meeting to address the issues. He also discussed the statutory requirement that the matter must be resolved by the 19th of May. A tentative date to meet with the School Board was set for the May 10th meeting. Committeeman Newman did not participate in this discussion due to conflict.
Kristine Gabor: reported on several problems with ATV’s at Caldwell Park. She requested that residents file a report with the State Police, take pictures with their cell phones if they can, and document if they see vandalism or any other issues taking place.
She also reported that signs are being printed with the new rules for the Skate Park at Amanda’s Field and should be posted shortly at the park as well as published in the newspaper.
She then made a motion to hire Charles Thonsen as a Seasonal Employee to the Upper Township Recreation Department. Curtis Corson seconded the motion with all five Committee members voting in the affirmative.
Jay Newman, Committeeman: reported that a Global Connect call went out to Township residents urging them to take advantage of the FEMA assistance that is available to residents who have suffered damages from the recent storms.
He also discussed an issue with regard to work that was done by a contractor on Stagecoach and Tuckahoe Roads without notification to residents, fire and rescue, and the schools. He discussed his concerns with the County Engineer.
Richard Palombo, Mayor: Reported that FEMA funds are available for those Cape May County residents who have experienced damages from the recent storms. He requested that the FEMA information be published in the Gazette and placed on UTTV channel 2.
He also discussed the resignation of a Zoning Board member and the urgent need to immediately fill the vacancy.
Mayor Palombo also reported on a meeting with the Cape May County Conference of Mayors that he and Paul Dietrich attended on Friday. Dr. Stewart Farrell gave a presentation on Beach erosion that took place on most of the barrier Islands throughout the County. He discussed the beach erosion in Strathmere and reported that Mr. Dietrich and Dr. Farrell are working diligently with FEMA to secure funds for beach replenishment.
Wanda Gaglione, Municipal Clerk: reported that the wrong draft of the Corbin City Court Shared Services resolution was included in the first draft of the Minutes. It has since been replaced with the correct version which the Committee now has. Mr. Young reported that the amended Final Agreement adopted by Township Committee has been sent to Corbin City for signatures.
The Clerk also reported on a phone call from Sea Isle City asking if we have any objections to the Police Unity Bicycle Tour scheduled for Saturday Memorial Day Weekend that would close a portion of Commonwealth Avenue in Strathmere from 7:30 A.M. to 9:30 A.M. Motion was made by Jay Newman seconded by Frank Conrad stating that the Township does not object to the closure as long as the event organizers obtain appropriate approvals from County Authorities and make the proper notifications to emergency services. During roll call vote all five Committee members voted in the affirmative.
Daniel J. Young, Municipal Solicitor: had no further comments except to report on Closed Session matters he wishes to discuss—they being matters of personnel, and litigation---Marmora Storage and Buckland Tax Appeals.
Paul Dietrich, Township Engineer: discussed the Richnan Group performance bond and the first phase of the Seaville Plantation Development. Curtis Corson did not participate in this matter due to conflict. Mr. Dietrich reported on several issues regarding repairs that have not been completed on the drainage basin, sidewalks and paving. Dan Young commented that the first step is to put the developer on notice that they are in default of completing the improvements and they would have 30 days to correct the problems. Then if they do not cure the defaults, the Township would declare them in default. Motion by Jay Newman, second by Frank Conrad to direct the notice that the developer is in default of completing the improvements and giving 30 days to cure the problem.
During roll call vote four Committee members voted in the affirmative, Mr. Corson abstained. Mr. Dietrich also reported that this is last week for brush and leaf collection.
Barbara Spiegel, CFO: reported she has one personnel item for closed session.
PRESENTATION
Honoring Webelos Scouts of Cub Scout Pack 55, Jonathan Phillips, Logan Peirpoint, Brandon Nicolosi, and Bryce Haskins on attaining the Arrow of Light Award. The four Cub Scouts were congratulated by the Committee and their family and friends.
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.073-2010
RE: HONORING WEBELOS SCOUTS OF CUB SCOUT PACK 55,
JONATHAN PHILLIPS, LOGAN PEIRPOINT, BRANDON NICOLOSI AND BRYCE HASKINS ON ATTAINING THE ARROW OF LIGHT AWARD
WHEREAS, the Webelos Scouts of Cub Scout Pack 55, have recently achieved the Arrow of Light Award, which is the highest level of advancement for a Cub Scout; 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 this Township Committee extends its sincere congratulations to these graduating Webelos Scouts on the occasion of their receiving the Arrow of Light Award and commends them for this outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to their 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 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 22nd day of March, 2010.
Resolution No.073- 2010
Offered by: Newman Seconded by:Gabor
Adopted: March 22, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x____ ________ __________ _________
Corson ___x____ ________ __________ _________
Gabor ___x____ ________ __________ _________
Newman ___x____ ________ __________ _________
Palombo ________ ________ __________ _____x___
2. A Resolution congratulating Lauren Burch on her winning season and becoming the New Jersey Basketball Free Throw State Champion. Mayor Palombo and the Committee congratulated Lauren and presented her with the resolution.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.079-2010
RE: A RESOLUTION CONGRATULATING
LAUREN BURCH
ON HER WINNING SEASON AND BECOMING
THE NEW JERSEY BASKETBALL FREE THROW STATE CHAMPION
WHEREAS, Lauren Burch has had an outstanding basketball season, winning the regional competition for 13 year old girls for foul shooting in the South New Jersey District Basketball Free Throw Championship event for the second consecutive year; and
WHEREAS, Lauren also went on to win the 2010 New Jersey State Basketball Free Throw Championship in Sayreville, New Jersey for the second consecutive year; and
WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate Lauren; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee, on behalf of the citizens of the Township of Upper, to extend to Lauren Burch congratulations on becoming the 2010 New Jersey State Basketball Free Throw Champion.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 12th day of April, 2010.
Resolution No. 079-2010
Offered by: Corson Seconded by: Gabor
Adopted: April 12, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x_____ __________ __________ __________
Corson ___x_____ __________ __________ __________
Gabor ___x_____ __________ __________ __________
Newman ___x_____ __________ __________ __________
Palombo ___x_____ __________ __________ __________
Honoring Cadette Girl Scouts from troops of the “Girl Scouts of the USA, North Cape May Service Unit” on attaining their Girl Scout Silver Award, Hannah Marie Annarelli, Rebecca Lauren Bross, Shannon Marie Green, Rebecca Ann Kolimaga, Meghan Louise Laverty, Jessica Christine Mruz, and Carly Ann Taylor.
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.094-2010
RE: HONORING CADETTE GIRL SCOUTS FROM TROOPS OF
THE “GIRL SCOUTS OF THE USA, NORTH CAPE MAY SERVICE UNIT”
ON ATTAINING THEIR GIRL SCOUT SILVER AWARD
HANNAH MARIE ANNARELLI, REBECCA LAUREN BROSS, SHANNON MARIE GREEN, REBECCA ANN KOLIMAGA, MEGHAN LOUISE LAVERTY, JESSICA CHRISTINE MRUZ AND CARLY ANN TAYLOR
___________________________________________________________
WHEREAS, Cadette Girl Scouts from troops of the “Girl Scouts of the USA, North Cape May Service Unit” have recently achieved the Silver Award which is the highest level of advancement for a Cadette Girl Scout; 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 this Township Committee extends its sincere congratulations to these graduating Cadette Girl Scouts on the occasion of their receiving the Silver Award and commends them for this outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to their 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 Leaders 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 26th day of April, 2010.
Resolution No. 094-2010
Offered by: Conrad Seconded by: Gabor
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x_____ __________ __________ __________
Corson ___x_____ __________ __________ __________
Gabor ___x_____ __________ __________ __________
Newman ___x_____ __________ __________ __________
Palombo ___x_____ __________ __________ __________
4. A Resolution to affirm the Township of Upper’s Civil Rights Policy with respect to all officials, appointees, employees, prospective employees, volunteers, independent contractors, and members of the public that come into contact with municipal employees, officials and volunteers.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 095-2010
RE: A RESOLUTION TO AFFIRM THE TOWNSHIP OF UPPER’S
CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS,
APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES,
OFFICIALS AND VOLUNTEERS
________________________________________________________________________________
WHEREAS, it is the policy of the Township of Upper to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with
Disabilities Act and the Conscientious Employee Protection Act, and
WHEREAS, the governing body of the of the Township of Upper has determined that certain procedures need to be established to accomplish this policy; and
NOW, THEREFORE BE IT RESOLVED to affirm and adopt the Township of Upper’s civil rights policy as follows:
Section 1: No official, employee, appointee or volunteer of the Township of Upper by whatever title known, or any entity that is in any way a part of the Township of Upper shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Township of Upper’s business or using the facilities or property of the Township of Upper.
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Township of Upper to provide services that otherwise could be performed by the Township of Upper.
Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.
Section 4: The Township Committee shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any alleged
discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
Section 6: The Personnel Officer shall establish written procedures that require all
officials, employees, appointees and volunteers of the Township of Upper as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.
Section 7: The Personnel Officer shall establish a system to monitor compliance and
shall report at least annually to the governing body the results of the monitoring.
Section 8: At least annually, the Municipal Clerk shall cause a summary of this
resolution and the procedures established pursuant to this resolution to be communicated within the Township of Upper. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Township of Upper’s web site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official newspaper
of the Township of Upper in order for the public to be made aware of this policy and the Township of Upper’s commitment to the implementation and enforcement of this policy.
Resolution No. 095-2010
Offered by: Corson, Seconded by: Conrad
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad x ____
Corson x ____
Gabor _x_ ____ ___ ____
Newman x ____
Palombo x ____
Appointment of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire to act as Special Legal Counsel in Employment and Labor Law Matters.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 096-2010
RE: APPOINTMENT OF CAPEHART & SCATCHARD, P.A. AND
JOSEPH F. BETLEY, ESQUIRE TO ACT AS SPECIAL LEGAL COUNSEL IN EMPLOYMENT AND LABOR LAW MATTERS
___________________________________________________________________________
WHEREAS, the Township requires legal counsel to provide legal services in connection with employment law and labor law related issues; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, the firm of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire have completed and submitted a Business Entity Disclosure Certification which certifies that said firm and said individual have not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit said firm and said individual from making any reportable contributions through the term of the contract; and
WHEREAS, the Township has decided to acquire the services of the firm of Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-2.05; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire with offices at 8000 Midlantic Drive, Suite 300, Mount Laurel, New Jersey are hereby appointed Special Legal Counsel to handle employment law and labor law matters in conjunction with and at the direction of the regular Township Solicitor and as directed by the Township Committee.
3. This contract shall continue for the length of time necessary for completion of the aforesaid legal services, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire have professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
5. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Capehart & Scatchard, P.A. and Joseph F. Betley, Esquire in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be effective as of adoption.
Resolution No. 096 -2010
Offered by: Conrad Seconded by: Gabor
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x_____ __________ __________ __________
Corson ___x_____ __________ __________ __________
Gabor ___x_____ __________ __________ __________
Newman ___x_____ __________ __________ __________
Palombo ___x_____ __________ __________ __________
6. Tax Refund Resolution.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No. 097-2010
REFUND
_______________________________________________________
WHEREAS, certain corrections have been
Recommended by the Upper Township Tax Collector in order to
refund monies,
NOW, THEREFORE BE IT RESOLVED, by the
Township Committee of the Township of Upper, Cape May County,
that corrections to the Tax records are hereby authorized and
the Tax Collector is hereby directed to correct said records
or take such action as indicated on the attached sheet.
Resolution No. 097-2010
Offered by: Conrad, Seconded by: Newman
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
CONRAD __x___ _____ _____ _____
CORSON __x___ _____ _____ _____
GABOR __x___ _____ _____ _____
NEWMAN __x___ _____ _____ _____
PALOMBO __x___ _____ _____ _____
453/30 $1,192.00 CITIMORTGAGE, INC
TAX DEPT
PO BOX 9444
GAITHERSBURG, MD 20898-9444
(MTG CO. PAID ON INCORRECT PARCEL IN ERROR FOR 2ND QTR 2010 TAXES)
****
7. Authorizing the settlement of the claim against Selective Insurance Company of America, Surety Bond No. B194764 n/k/a B1020116, with respect to Richnan Group, L.P., Principal, regarding that subdivision known as Killdeer Hill Road, Block 453, Lot 98.01 in the Township of Upper, Cape May County, New Jersey.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 098-2010
RE: AUTHORIZING THE SETTLEMENT OF THE CLAIM AGAINST SELECTIVE INSURANCE COMPANY OF AMERICA, SURETY BOND NO. B194764 n/k/a B1020116, WITH RESPECT TO RICHNAN GROUP, L.P., PRINCIPAL, REGARDING THAT SUBDIVISION KNOWN AS KILLDEER HILL ROAD, BLOCK 453, LOT 98.01
IN THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY
WHEREAS, the Planning Board of Upper Township approved a major subdivision known as Killdeer Hill Road, Block 453, Lot 98.01, 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 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 Selective Insurance Company of America is Surety under Bond No. B194764 n/k/a B1020116; and
WHEREAS, the 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 Selective Insurance Company of America, as Surety, have been placed on notice as to the uncompleted work; and
WHEREAS, by Resolution No. 238-2009 the Township Committee of the Township of Upper declared default with respect to the obligations of the Richnan Group, L.P. and demanded that the Surety, Selective Insurance Company of America, forthwith complete the work or pay over to the Township of Upper the amount of the Performance Bond; and
WHEREAS, the Township of Upper has received an offer from Selective Insurance Company of America to settle the claim against the Performance Bond in the amount of $49,580..00 which is in addition to the cash bond currently held by the Township of Upper of $6,630.22; and
WHEREAS, the Township Committee has determined that it is in the best interest of the Township to settle the claim on the Performance Bond as offered by Selective Insurance Company of America.
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 hereby directs that the claim with respect to Performance Bond shall be settled by accepting the offer of Selective Insurance of America for a cash payment in the amount of $49,580.00, which together with the cash amount currently held by the Township as part of the Performance Bond of $6,630.22 provides a combined amount of $56,210.22 which the Township Engineer estimates is sufficient to complete the work with respect to the construction of improvements yet to be performed.
3. The Township Committee of the Township of Upper hereby authorizes its Mayor and Clerk to execute a Final Release and Assignment in favor of Selective Insurance of America in accordance with the terms and conditions of this Resolution.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 098-2010
Offered by: Conrad, Seconded by: Newman
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ____x_____ _________ __________ __________
Corson _________ _________ ____x______ __________
Gabor ____x_____ _________ __________ __________
Newman ____x_____ _________ __________ __________
Palombo ____x_____ _________ __________ __________
Resolution Supporting A “No Passing Zone” along New Jersey State Highway Route 50 in the vicinity of mile post 4.1 (Perry Road) and mile post 6.5 (Kendall Lane), within the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 099–2010
RE: RESOLUTION SUPPORTING A “NO PASSING ZONE”
ALONG NEW JERSEY STATE HIGHWAY ROUTE 50 IN THE VICINITY OF MILE POST 4.1 (PERRY ROAD) AND MILE POST 6.5 (KENDALL LANE),
WITHIN THE TOWNSHIP OF UPPER _______________________________________________________
WHEREAS, the New Jersey Department of Transportation has conducted an investigation to inventory the existing center line markings along NJ Route 50 in Upper Township.; and
WHEREAS, based on this investigation it has been recommended to revise the center pavement markings to a “No Passing Zone” along Route NJ 50 in the vicinity of Mile Post 4.1 (Perry Road) and Mile Post 6.5 (Kendall Lane); and
WHEREAS, in order to insure the safety of citizens, residents and the general public, the Township Committee of the Township of Upper supports the creation of a “No Passing Zone” along Route NJ 50 in the vicinity of Mile Post 4.1 (Perry Road) and Mile Post 6.5 (Kendall Lane); and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee of the Township of Upper hereby supports the installation of a “No Passing” lane on NJ Route 50 in the Vicinity of Mile Post 4.1 (Perry Road) and Mile Post 6.5 (Kendall Lane).
3. The Township Committee hereby requests all County and State officials take the appropriate action forthwith in order to implement the installation of the no passing zone as aforesaid along NJ Route 50.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
5. A copy of this Resolution shall be forwarded to the appropriate Cape May County and State of New Jersey officials.
Resolution No. 099-2010
Offered by: Gabor Seconded by: Conrad
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_____ __________ __________ __________
Conrad ____x_____ __________ __________ __________
Corson ____x_____ __________ __________ _________
Newman ____x_____ __________ __________ __________
Palombo ____x_____ __________ __________ __________
Authorizing the Chief Financial Officer to withdrawal funds in the amount of $2,163.06 from the account entitled Recycling Trust Account for the purchase of certain parts from H.A. Dehart & Son to repair the Township street sweeper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.100-2010
RE: AUTHORIZING THE CHIEF FINANCIAL OFFICER TO WITHDRAWAL FUNDS IN THE AMOUNT OF $2,163.06 FROM THE ACCOUNT ENTITLED RECYCLING TRUST ACCOUNT FOR THE PURCHASE OF CERTAIN PARTS FROM
H.A. DeHART & SON TO REPAIR THE TOWNSHIP STREET SWEEPER
_______________________________________________________________
WHEREAS, it is necessary for the Township of Upper to obtain certain materials, supplies and equipment, specifically two #26418 chains; 14 #27413 flights; and two #23125 sprockets to repair the Township’s Street Sweeper; and
WHEREAS, the appropriation to which the purchase will be from the Recycling Trust Account; 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.
The Chief Financial Officer of the Township of Upper is hereby authorized, directed and empowered to withdraw funds in the amount of $2,163.06 from the account entitled Recycling Trust Fund for certain materials, supplies and equipment, specifically two #26418 chains; 14 #27413 flights; and two #23125 sprockets to repair the Township’s Street Sweeper.
Resolution No.100-2010
Offered by: Corson, Seconded by: Conrad
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x________ __________ __________ __________
Corson ___x________ __________ __________ __________
Gabor ___x________ __________ __________ __________
Newman ___x________ __________ __________ __________
Palombo ___x________ __________ __________ __________
10. Authorizing Execution of a NJDEP TWA-1 Application Statements of Consent Form regarding Pine Hill Mobile Park in Block 600, Lots 40-41 and Lots 42-43, Upper Township, Cape May County, NJ. The Municipal Engineer reported that the NJ DEP is requesting that all the Campgrounds upgrade their septic systems to be environmentally conscientious. He stated that the resolution simply certifies that they are in compliance with the Township regulations.
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO: 101-2010
RE: AUTHORIZING EXECUTION OF NJDEP TWA-1 APPLICATION
STATEMENTS OF CONSENT FORM
REGARDING PINE HILL MOBILE PARK
IN BLOCK 600, LOTS 40-41 AND LOTS 42-43,
UPPER TOWNSHIP, CAPE MAY COUNTY, NJ
_______________________________________________________________________________________
WHEREAS, William Onley owner of Pine Hill Mobile Park has or is about to make application to the New Jersey Department of Environmental Protection (hereinafter “DEP”) for a Treatment Works Approval and has requested that the Township complete a portion of DEP Form No. WQM-003, which merely consents to the submission of the application to the DEP and certifies that the project, as proposed, conforms with the requirements of all municipal Ordinances and does not otherwise impose any obligation or liability on the Township; and
WHEREAS, Mr. Onley must apply to the New Jersey Department of Environmental Protection for a Treatment Works Approval in order to upgrade the present septic system for Pine Hill Mobile Park by converting all cesspools into seepage pits, with septic tanks proposed between the dwelling units and the seepage pits; and
WHEREAS, the Township Engineer has informed the Township Committee as to the general nature of the project and has indicated that the Township has no ordinance prohibiting the proposed improvements; and
WHEREAS, the matter has been considered by the Township Committee and it has been determined that the consent by the Governing Body should be granted to this application to permit the application process to go forward; and
WHEREAS, the Township Committee wishes to authorize the Township officials to execute said documentation;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Mayor is hereby authorized to execute on behalf of the Township of Upper a Statements of Consent, Section A-1, in the form attached hereto as Exhibit “A” and said consent shall be completed by inserting therein this Resolution number and the date of its adoption.
3. This “Statements of Consent” form is submitted in conjunction with the application of William Onley for a treatment works approval for Pine Hill Mobile Park at Block 600, Lots 40-41 AND Lots 42-43, on the municipal tax map.
4. A certified copy of this Resolution shall be provided to the applicant.
Resolution No. 101-2010
Offered by: Conrad Seconded by: Newman
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad ___x______ __________ __________ __________
Corson ___x______ __________ __________ __________
Gabor ___x______ __________ __________ __________
Newman ___x______ __________ __________ __________
Palombo ___x______ __________ __________ __________
Accepting the Annual Stormwater Report and Certification and Authorizing the Mayor to Electronically sign and submit to the NJDEP pursuant Stormwater Rules.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.102-2010
__________________________________________________________________
WHEREAS, the State of New Jersey on January 5, 2004 adopted stormwater rules which impact municipalities; and
WHEREAS, under the aforesaid stormwater rules municipalities are required to apply for permits and provide reports and certifications to the NJDEP; and
WHEREAS, the Township Committee of the Township of Upper has determined that the Township should make the appropriate applications for permits and prepare appropriate reports pursuant to the stormwater rules; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee hereby accepts the Stormwater Annual Report.
3. The Mayor is hereby authorized to execute said Report and Certification electronically pursuant to the stormwater rules of the State of New Jersey, which Report and Certification are attached hereto as Exhibit A.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 102-2010
Offered by: Corson Seconded by: Gabor
Adopted: April 26, 2010
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad x ______
Corson _x ______
Gabor x ______
Newman x _ ______
Palombo x ______
Introduction and First Reading of Ordinance No. 005-2010, RE: AN ORDINANCE AUTHORIZING A STORM DRAINAGE EASEMENT AGREEMENT BETWEEN THE TOWNSHIP OF UPPER AND THE COUNTY OF CAPE MAY ALONG OLD TUCKAHOE ROAD, UPPER TOWNSHIP, NEW JERSEY.
Motion by Curtis Corson second by Jay Newman to introduce Ordinance No. 005-2010 with public hearing scheduled for May 24, 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. 005-2010
RE: AN ORDINANCE AUTHORIZING A STORM DRAINAGE EASEMENT AGREEMENT BETWEEN THE TOWNSHIP OF UPPER AND THE COUNTY OF CAPE MAY ALONG OLD TUCKAHOE ROAD, UPPER TOWNSHIP, NEW JERSEY
_______________________________________________________________________
WHEREAS, the County of Cape May with an office at 4 Moore Road, Cape May Court House, New Jersey has submitted a proposed Storm Drainage Easement Agreement to the Township of Upper which provides for a perpetual storm drainage easement and right of way over an Upper Township road commonly known as Old Tuckahoe Road, Upper Township, Cape May County, New Jersey; and
WHEREAS, the Township of Upper, owns and maintains the road known as Old Tuckahoe Road, and wishes to accept said Storm Drainage Easement Agreement and authorize the execution of said Agreement; and
WHEREAS, the Storm Drainage Easement Agreement has been reviewed and approved by the Municipal Attorney and the Municipal Engineer and will be on record in the office of the Township Clerk available for public inspection.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, County of Cape May and State of New Jersey:
SECTION 1: The Township of Upper is hereby authorized to grant to the County of Cape May a perpetual storm drainage easement over the road commonly known as Old Tuckahoe Road, Upper Township, Cape May County, New Jersey.
SECTION 2: The Township of Upper shall enter into a Storm Drainage Easement Agreement with the County of Cape May wherein the Township of Upper shall grant a perpetual storm drainage easement and right of way over said road, as more
particularly described in Exhibit A attached hereto.
SECTION 3: The Mayor, Township Clerk and other Township officers and representatives are hereby authorized, directed and empowered to execute a Storm Drainage Easement Agreement, on behalf of Upper Township, with the County of Cape May to install, operate, maintain, add, extend, relocate and remove storm drains and accessories and appurtenance thereto to provide such services under the Township=s road commonly known as Old Tuckahoe Road, Upper Township, Cape May County, New Jersey, as more particularly described in Exhibit A attached hereto.
SECTION 4: 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 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 26TH OF APRIL, 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 24TH DAY OF MAY, 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
13. Upper Township School District request waiver of fee charged for use of the Community Center as polling place for the April 20, 2010 School District Election. Motion was made by Curtis Corson, second by Frank Conrad to waive the polling place fee. During roll call vote four Committee members voted in the affirmative. Jay Newman abstained from voting.
NEW BUSINESS
14. Construction change order request 2009 Paving Project---Arawak Paving Co., Inc.
Frank Conrad abstained from discussion. Paul Dietrich reported on the request. Motion was made by Curtis Corson, seconded by Jay Newman to authorize the draft of a resolution for the change order. During roll call vote four Committee members voted in the affirmative and Frank Conrad abstained.
15. Construction Change Order request Reconstruction of Peach Orchard Road---South State, Inc. Frank Conrad did not participate in this matter due to conflict. Paul Dietrich reported on this matter in that the majority of the funds for this project came from two separate grants received from the NJ Dept. of Transportation. The change order (in the amount of $7,361.10) would also add an additional amount of $5,140.35 to the Township Budget because it is not covered by grant funds. He also reported that the amount of the change order is slightly over the allowable 20% of the total contract (it is 20.7% over). Motion was made by Curtis Corson, seconded by Jay Newman to authorize the draft of a resolution for the change order subject to review and approval by the Township Solicitor. During roll call vote four Committee members voted in the affirmative. Frank Conrad abstained from voting.
16. NJDOT Lot Owner Lease Agreement--Route 50 Access, Block 348 Lot 55. The Township Engineer reported that this is part of the Route 50 Bridge project. The easement would provide access to the property, which is only 25’ wide. He also reported that upon review of the project it was discovered that a framed garage was placed on this lot. It is unknown at this time who placed the garage on the property. Mr. Dietrich reported that he would follow up with the status of the garage. Motion to authorize the Mayor to sign the agreement by Frank Conrad second by Kristine Gabor. During roll call vote all five Committee members voted in the affirmative. A resolution will be placed on a future agenda.
17. U.S. Dept. of Agriculture, Farm Service Agency request designation of Upper Township representative. The Committee discussed asking members of the Farmland Preservation Society if they are interested. The Committee did not take action pending further research of the matter.
UNFINISHED BUSINESS:
18. Corbin City Court Services, request for increase in length of agreement. The Committee discussed the matter. Mr. Young reported that Corbin City is requesting the agreement be amended extending the contract from one to three years. Motion to renegotiate the contract for a three-year term made by Jay Newman, second by Frank Conrad with all five Committee members present voting in the affirmative.
19. Request by Church of the Resurrection to hold weekly Bingo games (BA #369) starting June 9, 2010 through September 8, 2010. Motion to approve the request by Frank Conrad second by Rich Palombo. During roll call vote all five Committee members voted in the affirmative.
DISCUSSION
PAYMENT OF BILLS:
“I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.”
Motion was made by Curtis Corson, second by Jay Newman with all five Committee members present voting in the affirmative.
Payroll: $167,714.46
Bills submitted for payment: $1,537,531.74
Safety Committee Meeting Minutes of March 12, 2010.
Reports are available from the Clerk’s Office.
PUBLIC COMMENT
Ted Kingston, Strathmere, addressed the Committee with regard to FEMA funding and beach replenishment. Mr. Kingston also commented on the defeated School Budget.
Angela Larro, 1 Ash Terrace, Marmora-read a statement with regard to the defeated School Budget.
Russel Morano, 5 Red oak Drive, Marmora- discussed the School Budget. Mr. Morano also discussed a drainage issue on Red Oak Drive. He also had questions about documents placed on the municipal website.
Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded. Jay Newman read the following resolution into the record.
TOWNSHIP OF UPPER
RESOLUTION GOING INTO CLOSED SESSION
April 26, 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:
Personnel matters
Litigation – Buckland tax appeal
Litigation – Marmora Storage tax appeal
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 litigation matters such discussions will be made public when litigation is complete and the applicable appeal period has expired.
Moved by: Jay Newman
Motion seconded: Frank Conrad
All five Township Committee members voted in the affirmative to adopt resolution.
RECONVENE PUBLIC PORTION OF MEETING
ADJOURNMENT
There was no further business for this evening and the meeting was adjourned at 9:05 P.M. Next meeting scheduled for May 10, 2010 at 7:30 P.M.
Minutes prepared by
Wanda Gaglione, RMC
Municipal Clerk
BILL LIST
51275 04/26/10 A0006 ADVANCE TREADS INC 716.00 2594
51276 04/26/10 A0020 ACU-THERM SUPPLY CO.,INC. 413.00 2594
51277 04/26/10 A0025 ADVANTAGE RENTAL ACE HARDWARE 680.35 2594
51278 04/26/10 A0035 AIRLINE HYDRAULIC CORP. 428.00 2594
51279 04/26/10 A0081 ARMSTRONG, RALON I. 68.83 2594
51280 04/26/10 A0091 ATLANTIC CITY ELECTRIC 5,961.98 2594
51281 04/26/10 A0117 AT&T 20.94 2594
51282 04/26/10 A0122 ANSELL,ZARO,GRIMM & AARON 35.00 2594
51283 04/26/10 A0137 ADVANTAGE EQUIPMENT SERVICE 582.00 2594
51284 04/26/10 B0035 BELMONT & CRYSTAL SPRINGS 257.88 2594
51285 04/26/10 B0076 BOND,LAURENCE E. 1,661.63 2594
51286 04/26/10 B0091 BIRCHMEIER, JAMES 84.00 2594
51287 04/26/10 B0148 BLUE FLAME/PARACO GAS 680.00 2594
51288 04/26/10 B0160 BONNER, ROSEMARY 91.50 2594
51289 04/26/10 C0003 CCC HEAVY DUTY TRUCK PARTS CO. 495.00 2594
51290 04/26/10 C0031 CAPE ASSIST 1,200.00 2594
51291 04/26/10 C0068 COMCAST 219.96 2594
51292 04/26/10 C0081 CAPE MAY COUNTY TECHNICAL HIGH 200.00 2594
51293 04/26/10 C0122 CMC LEAGUE OF MUNICIPALITIES 400.00 2594
51294 04/26/10 C0201 CRUZAN'S TRUCK SERVICE INC. 543.98 2594
51295 04/26/10 C0221 CRAGER, GARY 500.00 2594
51296 04/26/10 C0223 CASA PAYROLL SERVICE 217.25 2594
51297 04/26/10 D2001 DEJANA 1,496.20 2594
51298 04/26/10 E0012 EHRLICH PEST CONTROL INC 71.00 2594
51299 04/26/10 F0042 FLANAGANS SOUTH AUTO TIRE CENT 90.00 2594
51300 04/26/10 F0048 FOGG, LESLIE INC. 45.27 2594
51301 04/26/10 G0006 GARBUTT,PATRICIA A. 43.00 2594
51302 04/26/10 G0012 GANN LAW BOOKS 191.00 2594
51303 04/26/10 G0028 GENTILINI FORD 136.27 2594
51304 04/26/10 G0030 GENERAL SPRING SERVICE 550.00 2594
51305 04/26/10 H0012 HALL,ARTHUR 119.75 2594
51306 04/26/10 H0018 HAROLD RUBIN/L & H SUPPLY 217.38 2594
51307 04/26/10 I0007 INTERCON TRUCK EQUIPMENT, INC. 3,357.95 2594
51308 04/26/10 I0030 IMPERATIVES,INC. 1,520.00 2594
51309 04/26/10 J0039 JOHNSON & TOWER INC. 409.15 2594
51310 04/26/10 K0034 KOHLER, CLAUDE JR. 82.50 2594
51311 04/26/10 K0048 KLEPAC, THADDEUS 86.50 2594
51312 04/26/10 L0034 LAYTON, BRENDA MRS. 258.00 2594
51313 04/26/10 L0080 LOWES, INC. 696.07 2594
51314 04/26/10 M0035 MARMORA FIRE CO. DISTRICT #3 481,923.00 2594
51315 04/26/10 M0103 MODERN GAS COMPANY, INC. 264.34 2594
51316 04/26/10 M0136 MUNICIPAL RECORD SERVICE 317.50 2594
51317 04/26/10 M0188 MCCARTHY TIRE SERVICE OF PHILA 352.00 2594
51318 04/26/10 M0220 MORIN, CLIFF 15.00 2594
51319 04/26/10 N0024 N.J. DIVISION OF FIRE SAFETY 1,553.50 2594
51320 04/26/10 N0043 NAPA AUTO PARTS OF S.JERSEY 535.10 2594
51321 04/26/10 N0070 NIA GROUP ASSOCIATES, LLC 2,500.00 2594
51322 04/26/10 N0073 NORCORSS, HARRY 26.25 2594
51323 04/26/10 N0092 NJ EMERGENCY MANAGEMENT ASSOC 75.00 2594
51324 04/26/10 O0042 ORCHARDS HYDRAULIC SERVICE INC 250.00 2594
51325 04/26/10 P0032 PEDRONI FUEL CO. 1,701.21 2594
51326 04/26/10 P0056 TURF EQUIPMENT AND SUPPLY CO 156.06 2594
51327 04/26/10 P0064 PITNEY BOWES 210.00 2594
51328 04/26/10 P0084 PROGRESSIVE BUSINESS PUBLICATI 253.00 2594
51329 04/26/10 Q0003 QC LABORATORIES 2,958.00 2594
51330 04/26/10 R0030 RIGGINS, INC. 4,735.56 2594
51331 04/26/10 R0073 RICOH AMERICAS CORPORATION 512.10 2594
51332 04/26/10 S0036 SCHULER, JAMES 90.00 2594
51333 04/26/10 S0065 SEAVILLE FIRE CO. DISTRICT #4 472,437.00 2594
51334 04/26/10 S0108 SOUTHERN NEW JERSEY NIGP 60.00 2594
51335 04/26/10 S0109 SNAP-ON-INDUSTRIAL 76.00 2594
51336 04/26/10 S0121 SMUZ, THERESE A 117.51 2594
51337 04/26/10 S0134 SO. JERSEY GAS COMPANY 2,742.15 2594
51338 04/26/10 S0185 STOCKTON STATE COLLEGE 24,428.55 2594
51339 04/26/10 S0191 STRATHMERE FIRE CO.DISTRICT #1 72,658.00 2594
51340 04/26/10 S0196 STEWART BUSINESS SYSTEMS LLC 110.50 2594
51341 04/26/10 S0243 STANTON, PAUL 45.00 2594
51342 04/26/10 T0006 TCTA OF NJ C/O K. VERDOLINA 265.00 2594
51343 04/26/10 T0032 THE PRESS & SUNDAY PRESS 30.78 2594
51344 04/26/10 T0034 THE PAPER OF U.T./GAZETTE 162.00 2594
51345 04/26/10 T0048 TILL PAINT CO/D. FITZGERALD 2,700.00 2594
51346 04/26/10 T0067 TOWNSHIP OF UPPER PETTY CASH 30.00 2594
51347 04/26/10 T0074 TRANSAXLE LLC 1,670.32 2594
51348 04/26/10 T0097 TRICO EQUIPMENT INC. 247.00 2594
51349 04/26/10 T0117 TUCKAHOE FIRE DISTRICT #2 431,400.00 2594
51350 04/26/10 V0005 VAN EMBDEN, NATHAN, ATTORNEY 735.00 2594
51351 04/26/10 V0022 VERIZON 2,816.26 2594
51352 04/26/10 W0001 WILFRED McDONALD INC. 226.49 2594
51353 04/26/10 W0030 WEST PUBLISHING CO. 679.88 2594
51354 04/26/10 W0038 WILLIAMS, JEREMIAH J. 53.97 2594
51355 04/26/10 W0045 WILDWOOD CATHOLIC HIGH SCHOOL 200.00 2594
51356 04/26/10 W0050 WIRELESS ELECTRONICS, INC. 201.28 2594
51357 04/26/10 W0085 WOODY, LESTER 160.09 2594
51358 04/26/10 Y0020 YOUNG, BARBARA L. 24.00 2594
================ ================
Total: $1,537,531.74