TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
*BUDGET WORKSHOP
MEETING-6:30 P.M.
Mayor Palombo
opened the meeting and referred to Frank Conrad for discussion on the Budget.
Mr. Conrad commented that he is reviewing the dates and rules to submit
and adopt the budget with the Auditor as there is the possibility that there may
be a change as Governor Christie’s budget address was pushed back and is now
scheduled for March 16th. Jay Newman commented that this year’s
budget would be based on what the State is going to do with Municipal Aid. He
commented that the Committee should be ready in the event the gross receipts tax
the Township receives from BL England generating Station is cut. The Committee
went through the Budget and made adjustments. Jay Newman reported on the
following budget requests: Municipal Court for Upper Township, Corbin City and
Dennis Township. He commented that the revenue should offset the costs. The only
major item the court is asking for is the current video system to be repaired or
replaced. Mr. Newman also reported on proposed budget of the Division of EMS. He
commented that salaries and wages are determined by hours worked and from time
to time additional personnel is need due to certain events that may occur. Mr.
Newman reported on a few of the items they are requesting such as two AED units
one for the Rescue Squad and for use at the Municipal Building, a portable
Mister Fan to be used for heat related incidents, office furniture and
equipment, a 1999 Ford Expedition for use as a Beach Unit as well as various
other items. The Committee discussed the request to purchase a 2010 Medium Duty
Ambulance to replace the 2004 Ambulance. They discussed the need to upgrade the
current 911 communications system.
The Committee also
discussed the proposed budget for the Office of Emergency Management.
Kristine
Gabor-Discussed the proposed budget for the Recreation Department. Items deleted
include the following: Mini Dump with plow $45,000; Toro 72” cut mower $19,500;
Power Box Rake $9,000; Soccer Goals $10,000; as well as various other items.
Mrs. Gabor
commented that she is still reviewing various items such as sports teams
operating expenses and the Dog Park Budget. She thanked Brenda Layton,
Supervisor of Recreation for her continued attention to detail and for being
extremely cognizant of expenses with regard to her department.
Frank Conrad
discussed the Community Center Budget.
Mr. Conrad recommended that another Budget Workshop be held on Tuesday, February 23, 2010 at 6:30 PM. One hour prior to the Regular meeting, which begins at 7:30 P.M.
The Budget meeting
was adjourned at 7:29 PM. The
regular business meeting convened at 7:30 PM.
REGULAR MEETING
OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Frank
E. Conrad
Present
Curtis
Corson
Absent
Kristine Gabor
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also present were
Deputy Municipal Clerk Barbara Young, Municipal Attorney Daniel Young, Chief
Financial Officer Barbara Spiegel and Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES -
January 25, 2010 Regular Meeting and
Closed Session Minutes
Motion to approve the
Motion was made by Jay Newman, second
by Kristine Gabor to approve the Minutes as written.
During roll call vote all four Committee members voted in the
affirmative.
REPORT OF
GOVERNING BODY MEMBERS
Richard Palombo, Mayor, acknowledged the Public works and Recreation crews for doing a great job. He commented that he has been overwhelmed with emails and letters thanking the crews for doing a phenomenal job with the snow removal and it is the largest response he has ever seen in all his years as Mayor. The Mayor also thanked Ed Carter for his help with the Storm Shelter over the past weekend. He also reminded everyone of the Cape May County Transportation Infrastructure Conference on February 23rd at the Cape May County Administration Building.
Kristine Gabor,
Committeewoman, reported that the
next Free Rabies Clinic would be held on February 20th from 1:00 to
3:00 P.M. at Shore Veterinarian Animal Hospital. Mrs. Gabor discussed a
Recreation meeting that was held to address the some of the issues with the
Skate Park at Amanda’s Field. Mrs. Gabor invited Stephen Martinelli,
of 1923 Tuckahoe Road, Chairman and
Vice President of Amanda’s Field Skate Park to speak
with regard to the closure of the park.
Mr. Martinelli recommended several changes to the skate park rules such as limit
the use of the park to Township residents only, alternate days for Bikes and
Skateboards and enforce a zero tolerance policy. Dan Young commented that an
amendment to the Township Ordinance might be needed based upon the new rules.
Mrs. Gabor
reported on a request from South Jersey Storm Football for the use of Township
fields. Hobie Young, President of the team, residing at 208 Route 50
Greenfield addressed the Committee he explained that the team is not a Semi-Pro
team and that they are non-profit in the sense they do not make a profit and no
one collects a salary. He reported that any funds raised through donations and
sponsorships cover administrative costs, league fees and referee fees. Players
pay a $150.00 registration fee of which $100.00 goes to cover the cost of their
uniforms. With $50.00 going into the general operations fund, which pays for
$3,000.00 for Referee fees, $1,800.00 in league fees. He also commented no can
be paid to be a part of the organization. This is specifically outlined in the
By Laws of which a copy was supplied to Dan Young along with the league Contract
that addresses the liability issues and must be signed by each player.
He reported that the team is part of the ECFA, which is a program that
has been in existence for over 40 years. It is based in Maryland and encompasses
twenty teams from West Virginia, Virginia, Maryland, New Jersey, Delaware and
Pennsylvania. He commented that the league enforces NFL rules; they have a zero
tolerance policy as far as violence and inappropriate language.
He commented that they anticipate attendance at the games to be
approximately 50 people. He further reported that he spoke to the New Jersey
State Police and the Upper Township Rescue Squad and is awaiting their written
approval. Dan Young spoke with regard to JIFF Insurance requirements and
liability issues he commented that originally there were concerns regarding
liability issues due to incorrect information he received that said outside
organizations were not covered for liability for participants. The policies that
were generated in the past only covered spectators. After further review of the
matter Dan Young confirmed in a letter from Paul Miola, Executive Director of
the Atlantic County Joint Insurance Fund that the Township is covered for
lawsuits arising out of the ownership, operation or use of Township premises
including both defense and indemnification up to the limits of coverage. Dan
Young recommended that the event be approved at the Township Committee level.
The JIFF recommendation is that the team meets the same requirements as used in
the past for events such as a Triathlon. Dan Young recommended it would be
beneficial if the team could get medical coverage at a reasonable rate in
addition to the spectator liability and the player indemnification agreements.
The Recreation Committee recommended that the Township inspect the fields after
each practice to determine if there is any damage and based upon that the
organization would be advised if the field could be used for games. Dan Young
recommended that the Township Committee authorize two things the first being the
team submit the required player indemnification and Insurance as recommended by
the JIFF Consultant for the use of the facilities and as directed by the
supervisor of Recreation for the team to start team practices. The second being
the team meets several requirements, to be outlined in a formal Resolution.
Motion by Jay Newman, seconded by Kristine Gabor, to direct Dan Young to prepare
the resolution for a future meeting and to allow the team to use the facilities
as long as they satisfy the Insurance requirements and the use of facilities
agreement. Kevin Grubb of 216 Route
50, Greenfield asked the Committee if the additional medical Insurance was a
requirement. Motion amended by Jay Newman, Second by Kristine Gabor with four
committee members voting in the affirmative
to include the additional medical
coverage if it can be obtained at a reasonable cost or at the discretion of the
Risk Management Consultant. Hobie Young asked Municipal Attorney Dan
Young to clarify the definition of facility with regard to location indoor or
outdoor. Dan Young explained that there is no difference whether it is indoor or
outdoor. Mr. Grubb asked a question
with regard to insurance requirements for an existing Flag Football program.
Dan Young discussed that as long as they have the recommended Insurance
coverage and approval by the Risk Management Consultant then he did not see a
problem continuing the program.
Mrs. Gabor also reported she received a letter from Brenda Layton of her intent to retire effective April 30, 2011. She commented that Brenda would have 26 years of employment with Upper Township and in the pension plan. She further reported that Brenda is asking permission to use her accumulated time. Dan Young reported that he is reviewing the current personnel policy with the Chief Financial officer with regard to Jiff requirements. He recommended the Committee review the policy further before they act on Brenda’s request to use accumulated time. Mayor Palombo directed the Deputy Clerk to place the matter on the next Agenda.
Jay Newman,
Committeeman, reported on the
Northeastern snowstorm that took place this past weekend, He reiterated the
Mayors comments on a job well done by the Public Works and Recreation
Departments. Fire and EMS responded to multiple alarms, the Township firehouses
were manned 24/7 from 5pm, Friday the 5th to 6am Sunday the 7th. He
commented that the calls were too numerous to mention. He commented that no
injuries were reported and everyone worked together very well. He also commented
that the record keeping with regard to both the volunteers and EMS would reflect
the potential for FEMA to declare the storm a disaster. Paul Dietrich commented
that Rob Spiegel would be asking Fire Companies to submit a report with regard
to the equipment used and manpower to operate it.
Mayor Palombo reported on a call he received from Lieutenant Watkins of
the New Jersey State Police, asking Township residents to comply with the State
of Emergency and to remind them not to park their cars on township roads during
snowstorms. The mayor requested a streamer be placed on channel two to remind
residents of this for the upcoming storm. Dan Young suggested utilizing the
reverse 911 system as a reminder as well.
Daniel Young,
Municipal Attorney,
reported that there were three items for closed session that being a personnel
matter, litigation matter and contract safety Issue with regard to one of our
Interlocal agreements with Ocean City.
1.
Congratulating Employee Edward Carter of the
Upper Township Recreation Department as the Upper Township 2009 Safety employee
of the year.
Mayor Palombo and
Township Committee congratulated employee Ed Carter on being named Upper
Township’s Safety Employee of the year for 2009. The Mayor commented that Mr.
Carter won two quarters for his safety suggestions.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R
E S O L U T I O N
RESOLUTION NO. 022-2010
RE: CONGRATULATING EMPLOYEE EDWARD
CARTER
OF
THE UPPER TOWNSHIP RECREATION DEPARTMENT
AS
THE UPPER TOWNSHIP 2009 SAFETY EMPLOYEE OF THE YEAR
___________________________________________________________
WHEREAS,
employee Edward Carter is recognized for his efforts to promote safety for his
fellow employees and residents of the Township through his participation in the
Upper Township Safety Award Program; and
WHEREAS, Ed was chosen as the 2009 Safety Employee of the Year by
the Upper Township Safety Committee for submitting the best overall safety
suggestion for 2009; and
WHEREAS, Ed should be publicly recognized for identifying,
reporting and correcting the following safety hazard--the necessity to
replace a drainage grate cover missing from an open hole near a swing set
located at Amanda’s Field;
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.
That
this Committee extends its appreciation and publicly recognizes Edward Carter on
his participation in this program and his commitment to safety by identifying a
potential hazard and presenting a solution.
2.
That
this Committee, on behalf of Ed’s fellow employees and the citizens of the
Township of Upper extend to him our congratulations and present him with the
“2009 Safety Employee of the Year Award”.
BE IT FURTHER RESOLVED,
that this Committee also extends appreciation to all of the employees who
submitted safety suggestions this year and encourages further participation, and
congratulates the 2009 quarterly winners as follows:
1st Quarter
Rhonda Sharp
2nd Quarter
Edward Carter
3rd Quarter
Janet McCrosson
4th Quarter
Edward Carter
GIVEN UNDER OUR HANDS
and the seal of the Township of Upper this 4th day of January, 2010.
Resolution No. 022-2010
Offered by: Newman
Seconded by: Gabor
Adopted: January 4, 2010
Roll
Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_x______ _______
_________
______
Corson
_x______ _______
_________ ______
Gabor
_x______
_______
_________ ______
Newman
_x______ _______
_________
______
Palombo
_x______ _______
_________ ______
1.
Honoring
James Joseph Hamilton on attaining the designation of
"Eagle Scout".
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 047-2010
RE: HONORING JAMES JOSEPH HAMILTON ON
ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS,
James Joseph Hamilton, a resident of Upper Township, 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
WHEREAS,
James completed the requirements for and
having been examined by an Eagle Scout Board of Review; 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 James on the
occasion of his receiving the designation of Eagle Scout and commends him for
his outstanding accomplishment; and it is
FURTHER RESOLVED
that the Township Committee extends its congratulations and best wishes to James
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 8th day of February, 2010
Resolution No.047-2010
Offered by: Newman
Seconded by: Gabor
Adopted:
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x____ ________
__________ __________
Corson
_______ ________
__________
____x______
Gabor
___x____ ________
__________ __________
Newman
___x____ ________
__________ __________
Palombo ___x____
________ __________
__________
2.
Honoring
Webelos Scouts of Cub Scout Pack 79, Wolfe Schwartz, Kyle J. O’Connor, Stephen
W. Jefferson, Tyler G. Williams, Jacob C. Roman, Luke Alexander Zittle Dice,
Bryce Cox, Matthew William Holmes, Liam B. McMurray, and Anthony R. Havens on
attaining the Arrow of Light Award.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.048-2010
RE: HONORING WEBELOS SCOUTS
OF CUB SCOUT PACK 79,
WOLFE SCHWARTZ, KYLE J.
O’CONNOR, STEPHEN W. JEFFERSON, TYLER G. WILLIAMS, JACOB C. ROMAN, LUKE
ALEXANDER ZITTLE DICE, BRYCE COX, MATTHEW WILLIAM HOLMES, LIAM B. MCMURRAY,
AND ANTHONY R. HAVENS ON
ATTAINING THE ARROW OF LIGHT AWARD
WHEREAS,
the Webelos Scouts of Cub Scout Pack 79, 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 8th day of February, 2010.
Resolution No.048- 2010
Offered by: Conrad
Seconded by: Newman
Adopted: February 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x____ ________
__________ __________
Corson
_______ ________
__________ ____x_____
Gabor
___x____ ________
__________ __________
Newman
___x____ ________
__________ __________
Palombo ___x____
________ __________
__________
3.
Appointment of Keith Johnson to the Recreation Committee.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.049-2010
RE: APPOINTMENT OF KEITH JOHNSON
TO THE
RECREATION COMMITTEE
WHEREAS, a need exists to fill the seat of resigning Recreation Committee member Kevin Wiesner;
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. Keith Johnson is hereby appointed to the Recreation Committee of the Township of Upper, effective immediately and to serve the unexpired term of Kevin Wiesner, which consists of a (1) year term, which commenced January 1, 2010 and expires on December 31, 2010, and, that such member shall continue to serve until his successor is duly appointed and qualified.
Resolution No.049-2010
Offered by: Gabor Seconded by: Conrad
Adopted: February 8, 2010.
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Conrad _x__ _____ _____ _____
Corson ____ _____ _____ __x__
Gabor _x__ _____ _____ _____
Newman _x__ _____ _____ _____
Palombo _x__ _____ _____ _____
4.
Approving the application of the Upper Township Rescue Squad for Highway Coin
Drops.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 050-2010
RE: APPROVING THE APPLICATION
OF THE UPPER TOWNSHIP RESCUE SQUAD FOR HIGHWAY COIN DROPS
______________________________________________________________
WHEREAS, the
Upper Township Rescue Squad, a non-profit corporation providing emergency
medical and rescue services, has made application to the Township Committee to
hold coin drop solicitations in Upper Township; and
WHEREAS,
the Township Committee has approved the requests; and
WHEREAS,
the requests require approval
from the County of Cape May;
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 application of the Upper Township Rescue Squad to hold a coin drop within
Upper Township on County Route 623 (Roosevelt Boulevard) and Vernon Avenue is
hereby approved for the following dates:
Saturday, May 29, 2010 from
8:00 a.m. to 4:00 p.m.;
AND
Saturday, July 24, 2010 from
8:00 a.m. to 4:00 p.m.
3.
Attached to this Resolution is a certified copy of Ordinance No. 7-2001,
authorizing coin drops within Upper Township enacted pursuant to N.J.S.A.
39:4-60.
4.
A certified copy of this Resolution shall be provided to the Board of
Chosen Freeholders of the County of Cape May.
Resolution No. 050-2010
Offered by: Newman
Seconded by:Gabor
Adopted:
February 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_x___ _____
_____
_____
Corson
____ _____
_____
__x__
Gabor
_x___ _____
_____
_____
Newman
_x___ _____
_____
_____
Palombo
_x___ _____
_____
_____
5.
Releasing
the Performance Surety Bond for Osprey Point, L.L.C. for the Site Plan known as
Osprey Point, an age restricted development Block 567, Lot 27.
Township Engineer Paul Dietrich
reported that all the work for which the remaining Bond was being held has been
completed and the performance Bond may be released. He commented that the Condo
Association owns the improvements; therefore a Maintenance Bond is not needed.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.051-2010
RE: RELEASING THE PERFORMANCE SURETY BOND
FOR OSPREY POINT, L.L.C. FOR THE SITE PLAN KNOWN
AS OSPREY POINT AN AGE RESTRICTED DEVELOPMENT
ON BLOCK 567, LOT 27;
OWNER AND/OR DEVELOPER: OSPREY POINT L.L.C.
SITE PLAN: OSPREY POINT AN AGE RESTRICTED DEVELOPMENT
PROPERTY: BLOCK 567, LOT 27
______________________________________________________________
WHEREAS, Osprey Point, LLC, (hereinafter “Developer”), has heretofore requested
the release of a Performance Surety Bond for the major Site Plan known as
“OPSREY POINT”; and
WHEREAS, the Developer has completed all work in conformance with the plans and
specifications for the project known as “Osprey Point” Major Site Plan as
certified and inspected by the Township Engineer and in accordance with
recommendations made by the Township Engineer attached as Exhibit A, the
Performance Bond now held by the Township should be released; 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.
3.
The Performance Bond now held by the Township is hereby released as follows:
Cash and Surety $2,003.68 plus accrued interest.
3. All Township officials and officers are hereby authorized and empowered to
take all actions deemed necessary or advisable to carry into effect the intent
and purpose of this Resolution.
Offered by: Conrad Seconded by:
Newman
Adopted: February 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_x__
_____
_____
_____
Corson
___
_____
_____
__x__
Gabor
_x_
_____
_____
_____
Newman
_x__
_____
_____
_____
Palombo
_x__
_____
_____
_____
6.
Authorizing the participation in a Cape May
County led Paris Grant application to the State of New Jersey, Division of
Archives and Records Management for the 2010-2011-application year.
Paul Dietrich
reported that this is a standard grant application that has been used in the
past to restore books and last year was used to implement the remote back up
with the County Records facility where our backup is transmitted electronically.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.
052-2010
AUTHORIZING THE PARTICIPATION IN A CAPE MAY COUNTY LED PARIS GRANT APPLICATION
TO THE STATE OF NEW JERSEY,
DIVISION OF ARCHIVES AND RECORDS MANAGEMENT
FOR
THE 2010-2011 APPLICATION YEAR
____________________________________________________________________________
WHEREAS,
the State of New Jersey has launched its pioneering Public Archives and Records
Infrastructure Support (Paris)
grant program to meet the strategic records management, preservation, and
storage needs of county and municipal governments; and
WHEREAS,
a top priority of the PARIS grants program is to achieve efficiencies of cost
and operation through shared services and to create a service structure for
municipalities that do not have the resources to create one for themselves; and
WHEREAS,
in the 2010-2011 grant cycle, priority funding will be given to county projects
to perform municipal inventories, needs assessments and strategic plans for all
of their municipalities; and
WHEREAS,
the Township of Upper desires to collaborate with the County of Cape May in the
performance of the PARIS Grants Program; and
WHEREAS,
the Township of Upper is acknowledging that their application eligibility for
funding of $40,000 be leveraged with the County of Cape May; and
WHEREAS,
the Township of Upper is acknowledging that the County of Cape May would be both
the lead agency and the applicant for such a proposal; and
NOW,
therefore, be it resolved
by the Township Committee, that Township of Upper does support and commit to
cooperation and participation in the PARIS grant for the purposes set forth
above, and to execute and deliver all documents required incident thereto.
Resolution No.
052 –2010
Offered by: Newman
Seconded by: Conrad
Adopted: February 8,
2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
____x______
__________
__________ __________
Corson
__________
__________
__________ ____x_____
Gabor
____x______
__________
__________ __________
Newman
____x______
__________
__________ __________
Palombo
____x______
__________
__________ __________
7.
Introduction and First Reading of Ordinance No.
001-2010 AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XIV
(RESIDENTIAL SOLID WASTE PROGRAM) OF THE CODE OF UPPER TOWNSHIP.
Paul Dietrich commented that the
Ordinance amends the existing Ordinance to allow the Rules and Regulations to be
amended by Resolution.
Motion was made by Jay Newman, second by Frank Conrad to introduce Ordinance
001-2010 with Public Hearing and Final Adoption set for March 8, 2010.
During roll call vote all four Committee members voted in the
affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 001 – 2010
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XIV (RESIDENTIAL
SOLID WASTE PROGRAM) OF THE CODE OF UPPER TOWNSHIP
_________________________________________________________________________
WHEREAS,
the Township has a special program to provide for the no-cost disposal of small
quantities of certain residential solid waste generated within the Township; and
WHEREAS,
the Township desires to modify the rules and regulations of the program to
permit a variety of residentially registered vehicles to participate in the
program; and
WHEREAS,
upon the adoption of this ordinance the Township will adopt a resolution
establishing updated rules and regulations for this program; and
NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED
by the Township Committee of the Township of Upper as follows:
SECTION 1.
Chapter 24-3 “Residential Solid Waste Program“ of the Revised General Ordinances
of the Township of Upper, also known as the Code of Upper Township, shall be
amended and supplemented as hereinafter provided:
Section 24-3.3
entitled “Rules and Regulations Covering Participation in the Program; Limited
to Township Residents “ is hereby replaced as follows:
24-3.3 Rules and Regulations
Covering Participation in the Program; Limited to Township Residents.
The program described in this section shall be limited to residential use by
residents of the Township. The Township Committee by resolution shall adopt
rules and regulations controlling participating in such program. Any amendment
to the rules and regulations as well as any additional rules and regulations
shall also be adopted by resolution of the Township Committee. A certified copy
of any such resolution shall be filed with the CMCMUA.
SECTION 2.
REPEAL OF CONFLICTING ORDINANCES:
Any ordinances of the Township of Upper that are in conflict with this
Ordinance are hereby repealed to the extent of such conflict.
SECTION 3.
SEVERABILITY:
If any part of this Ordinance shall be deemed invalid, such parts shall be
severed and the invalidity thereof shall not affect the remaining parts of this
Ordinance.
SECTION 4.
EFFECTIVE DATE: This Ordinance shall take effect upon passage and
publication as required by law.
SECTION 5.
CODIFICATION: This
Ordinance shall be codified in the Upper Township Code at the sections referred
to above.
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
8th of FEBRUARY 2010 AND
WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF
THE TOWNSHIP ON THE 8th OF MARCH 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
8. New Jersey Department of Transportation- Petersburg Maintenance Facility. Paul Dietrich commented that the letter reports that the DOT is in compliance with the Department of Environmental Protection’s rules and regulations for Drinking Water and Ground Water Standards. Discussion regarding the content of the letter. Motion was made by Jay Newman, second by Frank Conrad to direct the Engineer to draft a letter to our Legislators expressing the Township’s concern and displeasure with the DOT letter.
NEW BUSINESS
UNFINISHED
BUSINESS:
Paul Dietrich reported on a request
received at a prior meeting asking for Speed Humps on White Pine Lane. He
reported that notices were sent to all the residents on White Pine Lane asking
for their opinion about placing speed humps on their road. Mr. Dietrich reported
that after he drafted the letter he received additional comments from residents
on the street. There were five residents opposed and four in favor. He commented
on the response from one of the residents who opposed the speed humps. The
resident is of the opinion that the problem is due to one high school age
resident on the street and a permanent solution is not necessary at this time.
After some discussion the Committee
concluded speed humps are not warranted at this time. The Committee discussed
other measures to address the matter. Motion by Jay Newman, second by Frank
Conrad to deny the request for speed humps on White Pine Lane. During roll call
vote all four Committee members voted in the affirmative. Mayor Palombo directed
the engineer to send a letter notifying the resident that speed humps are not
warranted at this time and that other measures will be taken to address the
matter.
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 four Committee members present voting in the affirmative.
Bills submitted for payment:
$316,256.38
PUBLIC COMMENT
Russell Morano of 5
Red Oak Drive, Palermo expressed
his concern with flooding on Red Oak Drive. He commented that he has been a
resident there for over twenty years and this has always been a problem.
Township Engineer, Paul Dietrich reported that the drainage system is over 30
years old and the problem is with the seepage pit not draining properly. The
Committee discussed solutions to resolve the issue one being the placement of a
seepage pit in the roadway. The Mayor directed the Deputy Clerk to place the
matter on a future agenda as unfinished business.
CLOSED SESSION
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 motion and resolution into the record:
RESOLUTION NO. 053-2010
MOTION GOING INTO CLOSED SESSION
February 8, 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) Personnel
(2) Litigation Tax Lien Foreclosure Matters
(3) Safety and Contract Negotiations
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.
Frank Conrad seconded the motion; during roll call vote all four Committee members voted in the affirmative.
Municipal Attorney Daniel Young reported Tax Sale Certificates for Block 558 Lots 56 and 57 are two thirds owned by the State of New Jersey and their outstanding Tax Sale Certificates. This was discovered during the Title search process. Mr. Young recommended that in order to resolve the litigation the Township rescind the Certificates and direct the Assessor to Title the properties in the name of the State of New Jersey.
Motion was made by
Jay Newman, second by Frank Conrad to rescind Tax Sale Certificates and Title
the properties in the name of the State of New Jersey. During roll call vote all
four Committee members voted in the affirmative.
ADJOURNMENT
There was no further business for this evening and the
meeting was adjourned at 9:57 P.M.
Motion to adjourn the meeting made by Jay Newman, seconded by Frank Conrad, with
all four Committee members voting in the affirmative.
Budget Workshop scheduled for Tuesday, February 23, 2010 at 6:30 PM.
Regular meeting scheduled for February 23, 2010 at 7:30 P.M.
Barbara L. Young, RMC
Deputy Municipal Clerk
Bill List-2/8/2010
50745 02/08/10 A0004 A+ COMMERCIAL
OFFICE CLEANERS 250.00 2578
50746 02/08/10 A0023 ADAMS, JOHN 246.93
2578
50747 02/08/10 A0025 ADVANTAGE RENTAL
ACE HARDWARE 523.82 2578
50748 02/08/10 A0033 A.M./P.M.SERVICES
283.00 2578
50749 02/08/10 A0035 AIRLINE HYDRAULIC
CORP. 428.00 2578
50750 02/08/10 A0061 ASSOC. CERT. TAX
ASSESSORS CMC 660.00 2578
50751 02/08/10 A0075 ADAMS, JOSHUA
162.94 2578
50752 02/08/10 A0081 ARMSTRONG, RALON I.
36.00 2578
50753 02/08/10 A0086 AT&T MOBILITY
267.27 2578
50754 02/08/10 A0091 ATLANTIC CITY
ELECTRIC 17,303.59 2578
50755 02/08/10 A0113 ARAWAK PAVING CO.
INC. 16,011.22 2578
50756 02/08/10 B0034 BCI BURKE COMPAMY,
INC. 1,978.05 2578
50757 02/08/10 B0061 BILLOWS ELECTRIC
56.40 2578
50758 02/08/10 B0091 BIRCHMEIER, JAMES
70.00 2578
50759 02/08/10 B0092 BROKER, EUGENE JR.
212.00 2578
50760 02/08/10 B0148 BLUE FLAME/PARACO
GAS 828.81 2578
50761 02/08/10 B0184 BUSHONG, BRIAN
24.00 2578
50762 02/08/10 C0019 CITY OF OCEAN CITY
49,514.75 2578
50763 02/08/10 C0048 CAPE MAY COUNTY MUA
31,798.46 2578
50764 02/08/10 C0052 CAPE MAY COUNTY
TREASURER 17,935.75 2578
50765 02/08/10 C0056 CAPE MEDIATION
SERVICE, INC. 1,363.56 2578
50766 02/08/10 C0071 CAPEHART &
SCATCHARD, P.A. 3,949.50 2578
50767 02/08/10 C0087 CATANOSO, ERICA
ROSE 25.00 2578
50768 02/08/10 C0091 CHISHOLM, JOHN R.
24.00 2578
50769 02/08/10 C0121 CMC CONFERENCE OF
MAYORS 325.00 2578
50770 02/08/10 C0143 CODY'S POWER
EQUIPMENT 31.80 2578
50771 02/08/10 C0171 COLONIAL ELECTRIC
SUPPLY CO. 243.71 2578
50772 02/08/10 C0202 CRAIG TESTING LABS,
INC. 925.00 2578
50773 02/08/10 C0223 CASA PAYROLL
SERVICE 434.40 2578
50774 02/08/10 D0015 DAN'S WELDING 80.00
2578
50775 02/08/10 D0031 DEGLER-WHITING,
INC. 6,099.00 2578
50776 02/08/10 D0035 DEVINE, FIONA 12.50
2578
50777 02/08/10 D0040 DELTA DENTAL OF
N.J. INC. 6,594.00 2578
50778 02/08/10 D0049 DEVER ELECTRIC,
INC. 200.00 2578
50779 02/08/10 D0071 DLT SOLUTIONS INC.
1,524.80 2578
50780 02/08/10 D0127 DOUGHERTY, MICHAEL
50.00 2578
50781 02/08/10 D2001 DEJANA 722.64 2578
50782 02/08/10 E0001 EARTHTECH
CONTRACTING INC. 2,640.00 2578
50783 02/08/10 E0012 EHRLICH PEST
CONTROL INC 71.00 2578
50784 02/08/10 E0048 EDGELL, ASHLEY
25.00 2578
50785 02/08/10 F0016 FAZZIO, JOSEPH INC.
1,144.00 2578
50786 02/08/10 F0053 FORD, SCOTT &
ASSOCIATES 7,500.00 2578
50787 02/08/10 F0159 FORCE AMERICA INC
128.40 2578
50788 02/08/10 G0092 GRUND, BARBARA J.
159.97 2578
50789 02/08/10 H0012 HALL,ARTHUR 161.99
2578
50790 02/08/10 H0022 HR DIRECT 54.92
2578
50791 02/08/10 H0057 HISTORICAL
PRESERVATION 161.54 2578
50792 02/08/10 H0062 HOPE, JOHN J. 24.00
2578
50793 02/08/10 H0090 HARPER, MATTHEW
50.00 2578
50794 02/08/10 H0131 HPI PROCESSES, INC 353.84 2578
50795 02/08/10 J0039 JOHNSON & TOWER INC. 918.00 2578
50796 02/08/10 J0041 JONES, JAMES M. 24.00 2578
50797 02/08/10 J0051 JOHNS, ERICA 25.00 2578
50798 02/08/10 K0034 KOHLER, CLAUDE JR. 72.00 2578
50799 02/08/10 K0037 KOHLER, JOHN F 6.00 2578
50800 02/08/10 K0047 KLINE, EDWARD T. 38.00 2578
50801 02/08/10 L0031 LORCO PETROLEUM SERVICES 180.00 2578
50802 02/08/10 L0038 LAYTON, WILLIAM 24.00 2578
50803 02/08/10 L0040 LEA, SHELLEY 32.00 2578
50804 02/08/10 L0072 LLOYD, JOEL 143.99 2578
50805 02/08/10 M0012 McCAULEY, RICHARD 24.00 2578
50806 02/08/10 M0016 McAFEE, MEGAN 20.00 2578
50807 02/08/10 M0070 MID ATLANTIC WASTE SYSTEMS 210.92 2578
50808 02/08/10 M0103 MODERN GAS COMPANY, INC. 3,508.58 2578
50809 02/08/10 M0128 MUNICIPAL CLERKS ASSOC. N.J. 295.00 2578
50810 02/08/10 M0190 MENDEZ, BELICIA 39.50 2578
50811 02/08/10 M0197 MEYERS, GEORGIE 52.00 2578
50812 02/08/10 M0209 MAYBERRY, JOHN D 99.95 2578
50813 02/08/10 N0003 N.J. MUNICIPAL CLERKS ASSOC. 175.00 2578
50814 02/08/10 N0052 NATL YOUTH SPORTS COACHED ASSN 520.00 2578
50815 02/08/10 O0038 OSBORN, JAMES 75.89 2578
50816 02/08/10 P0008 PALMER, NANCY 34.00 2578
50817 02/08/10 P0032 PEDRONI FUEL CO. 813.31 2578
50818 02/08/10 P0034 PEIFER, SUSAN R. 42.71 2578
50819 02/08/10 P0070 POMEROY, JENNER 50.00 2578
50820 02/08/10 P0073 POGUE INC. 75.00 2578
50821 02/08/10 R0030 RIGGINS, INC. 5,000.63 2578
50822 02/08/10 R0092 RUTGERS, THE STATE UNIVERSITY 3,157.00 2578
50823 02/08/10 S0001 SAM'S CLUB 431.87 2578
50824 02/08/10 S0020 AM SAN 969.50 2578
50825 02/08/10 S0031 SCHULER SECURITY, INC. 216.00 2578
50826 02/08/10 S0034 SCHULER, DANIEL 24.00 2578
50827 02/08/10 S0056 SEASHORE ASPHALT CORPORATION 189.05 2578
50828 02/08/10 S0066 SEETON TURF WAREHOUSE LLC 989.34 2578
50829 02/08/10 S0072 SEGIN, STEWART S. 76.00 2578
50830 02/08/10 S0077 SEMCOR II 189.72 2578
50831 02/08/10 S0085 SHOCKEY'S PURE WATER SYSTEMS 130.00 2578
50832 02/08/10 S0092 SHONE, LEROY 30.00 2578
50833 02/08/10 S0153 STERICYCLE, INC. 222.51 2578
50834 02/08/10 S0188 STADNICKI, JOSEPH 64.50 2578
50835 02/08/10 S0209 STAPLES ADVANTAGE 1,149.95 2578
50836 02/08/10 T0020 TERWILLIGER, DUANE E. 6.00 2578
50837 02/08/10 T0024 TAYLOR, MATTHEW 18.00 2578
50838 02/08/10 T0032 THE PRESS & SUNDAY PRESS 273.60 2578
50839 02/08/10 T0038 THOMAS, CHRISTOPHER 88.00 2578
50840 02/08/10 T0044 THOMSON, KERRY AGENCY 12,456.00 2578
50841 02/08/10 T0067 TOWNSHIP OF UPPER PETTY CASH 30.95 2578
50842 02/08/10 U0002 U.T. BASKETBALL ASSOCIATION 3,600.00 2578
50843 02/08/10 U0010 UPPER TOWNSHIP CHEERLEADING 1,177.50 2578
50844 02/08/10 U0012 U.T. SOCCER ASSOCIATION 131.25 2578
50845 02/08/10 U0028 UPPER TOWNSHIP BD.OF EDUCATION 84,545.00 2578
50846 02/08/10 V0005 VAN EMBDEN, NATHAN, ATTORNEY 885.00 2578
50847 02/08/10 V0013 VERIZON WIRELESS 362.71 2578
50848 02/08/10 V0022 VERIZON 542.73 2578
50849 02/08/10 V0025 V.E. RALPH & SON,INC. 70.42 2578
50850 02/08/10 V0027 VANORDER, ROGER 18.00 2578
50851 02/08/10 V0031 VANMETER, DONNIE 25.00 2578
50852 02/08/10 W0020 WEINSTEIN SUPPLY 353.99 2578
50853 02/08/10 W0030 WEST PUBLISHING CO. 792.69 2578
50854 02/08/10 W0037 WALLACE REFRIGERATION 430.00 2578
50855 02/08/10 W0038 WILLIAMS, JEREMIAH J. 32.00 2578
50856 02/08/10 W0060 WOOLLEY, THOMAS 24.00 2578
50857 02/08/10 W0063 WRESTLER'S WORLD 187.32 2578
50858 02/08/10 W0086 WYAND, GABBY 25.00 2578
50859 02/08/10 Y0008 YOUNG, DANIEL J. ESQUIRE PC 13,328.00 2578
50860 02/08/10 Y0012 YOUNG,ROBERT 218.74 2578
50861 02/08/10 Y0023 YOUNG, DANIEL J. ATTORNEY 2,625.00 2578
================ ================
Total: $316,256.38