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, Municipal Attorney Daniel Young, and Municipal
Engineer Paul Dietrich.
APPROVAL OF
MINUTES
-
February 23, 2010
Regular Meeting and
Frank Conrad,
Committeeman:
reported that the newly organized Upper
Township Business Association installed their new officers on March 4th.
The group is dedicated to promote their commercial businesses and they
are looking forward to working with the Township.
He also reported
on the informational meeting held at the Middle School also on March 4th.
Engineer Paul Dietrich and the Maser Group held a community meeting to
solicit public comment and ideas on future development plans for the Township
with regards to designated “downtown areas” and traffic studies.
He reminded the
public that the next Budget Workshop meeting is scheduled for March 22nd
at 6:30 P.M. With regards to
Township buildings he reported that the basement of the old Township Hall
building in Tuckahoe experienced flooding due to recent inclement weather and
that our insurance carrier “All
Risk” handled the cleanup.
Kristine Gabor,
Committeewoman:
reported that the Dog Park Association has requested that improvements be
made to the parking lot. It was
discussed that perhaps placing stone on the parking area would alleviate the mud
problem. She also reported that she
has received requests from residents for improvements to the basketball courts
at Caldwell Park and stated that some improvements are already scheduled to be
done.
She reported that
that she met with Stephen Martinelli, the Skatepark Coordinator and Vice Chair
of the Upper Township Recreation Dept., to discuss various ways to keep the
Skatepark open. Mr. Martinelli read
the following report into record:
“Per our meeting with the residents and discussions with yourselves, the
following items are being recommended for the skate/bike park;
1)
Only
Upper Township residents shall be allowed in the park;
ie., tax paying residents and their families.
2)
Users of
the park must register with Township Hall and obtain a sticker, tag, or pass,
and sign a waiver promising to wear mask and/or safety gear.
3)
The
skate/bike park will be open to skaters and bikers on alternate days, for
example: Monday, Wednesday, and
Friday for bikes; and Tuesday, Thursday, and Saturday for
skaters.
4)
Zero
Tolerance will be followed and violators will be prosecuted.
“
Mayor Palombo
questioned how these rules would be enforced and Mr. Martinelli responded that
the State Police, the Municipal Judge, and the Township would handle it.
It was discussed that in order to
satisfy JIF
requirements the Township must enforce policies.
It was suggested that the Recreation Committee meet with the State Police
and the Municipal Prosecutor to formulate a plan how best to enforce the
requirements and prosecute offenders.
It was discussed that if this will include summer residents and renters
it will require a change to the current ordinance.
J. Michael Jones,
a resident of Tuckahoe, asked if the park has to accommodate bikes and
skateboards
or could it be
just skateboards. He again
discussed the use of a turnstile gate to keep bikes out.
Ms. Gabor said the Township has not been able to keep the bikes and that
the best solution is to allow both in.
Mayor Palombo added that the park needs to be opened to both bikes and
skateboards and that the residents need an alternative to traditional sports
such as basketball and soccer. The
matter will continue to be reported on as progress is made
Jay Newman,
Committeeman:
reported he has one item for closed
session, a Contract Negotiation item with regards to a Shared Services agreement
with Ocean City for dispatch services.
Richard Palombo,
Mayor:
Reported that the Township is again
meeting with FEMA on Tuesday, March 9th regarding implementing a
rating system for flood insurance program for Upper Township.
He reported that in the near future the County will be doing intermediate
improvements to Hope Corson Road to alleviate “ponding” of water and travelers
may experience delays during the work.
Wanda Gaglione, Municipal Clerk: reported notice was recently received from the State of New Jersey that the PARIS grant program will not be offered this year. The program is funded by document recording fees collected by county clerks and is a key component of the New Jersey Public Records Preservation Program. The PARIS grant program administered by the County, greatly benefited all Cape May Municipalities and it is hoped that it will be re-implemented at a later time.
Daniel Young,
Municipal Solicitor:
reported that he has two items for closed session; one-a Contract issue
with Ocean City Dispatch Shared Services Agreement; and the second is a
Potential Litigation matter with regards to the Shore Line Railroad Historical
Society Lease.
Paul Dietrich,
Township Engineer:
reported that the DPW is now picking up
brush and debris as a result of the recent storms.
_________________________________________________________________________________
After the reports
the Mayor stated that the order of the agenda would be changed this evening to
hear item No. 11, (the Thomas Tower matter) first so as not to keep the conflict
attorney at the meeting any longer than necessary.
At this time Daniel Young stepped down from the dais as Municipal
Solicitor, and Norman Briggs took his place at the dais as Special Legal Council
for the Township to discuss item
No. 11 under Unfinished Business
entitled “Consideration of prior
approval of Block 549, Lot 110, Thomas Tower/Action Supply Inc.
This matter concerns the 2010 mining
license approval of the Action Supply site and specifically addresses whether
Lot 110 requires a CAFRA Jurisdictional Determination or not.
A meeting was held on December 14, 2009 and the Township Committee
approved the request to amend Action Supply’s 2009 mining license to include Lot
110 in the existing license. The
2010 mining license renewal for the entire tract of land (including Lot 110) was
then approved by resolution at the January 25, 2010 regular meeting of the
Committee. Mr. Briggs was present
at the December meeting however did not attend the January meeting.
At the January 25, 2010 meeting, after the renewals were granted and
during the Public Comment section of the meeting a comment was made from the
floor as to whether various conditions discussed at the December 2009 meeting
were to be included within that renewal.
It was discussed to bring this back before the Committee to decide
whether items mentioned in December 2009 should have been placed as conditions
upon the January 2010 renewal.
The condition in question was whether
the applicant was required to get a Jurisdictional Determination---to determine
whether CAFRA review was required by the NJDEP.
It was discussed that the Committee’s
motion and approval included the statement that “any and all other necessary
government agencies’ requirements would be met” and it was questioned if that
would include CAFRA review of the site if it were deemed necessary.
Mr. Briggs responded that the applicant
is subject to all other government approvals, and it is the jurisdiction of the
NJDEP (not the Township’s) to determine whether a CAFRA review/permit is
required; that it is between the applicant and NJDEP.
It was questioned whether these
requirements are the same for all mines and mining permits in New Jersey.
Mr. Briggs answered in the affirmative.
Mr. Briggs explained that a 500-foot buffer zone is required when a CAFRA permit
is necessary. When this matter went to litigation the 500-foot buffer zone was
struck down. The Planning Board then went to a 200-foot buffer zone with
enhancements. During the public
hearing session of the Township Committee meeting of December 14, 2009, a member
of the public stated that the Committee should require a Jurisdictional
Determination from NJDEP, that CAFRA requires it.
It is Mr. Brigg’s opinion that the
requirement of Jurisdictional Determination is between the applicant and the
NJDEP, and is not the Township’s jurisdiction to decide.
The Committee’s resolution stated that “all other governmental
regulations must be met by the applicant” and Mr. Briggs stated that in his
opinion that no further action is required by the Township at this time.
A member of the public, Michele
Previti, of 16 Canterbury Lane, wanted to clarify that the 500-foot buffer was
never imposed by the Planning Board; that it was originally a 200-foot buffer
zone with a raised berm, then through court litigation it was amended to a
200-foot vegetated buffer. She then asked the Committee to be mindful of the
neighboring residents.
There was further discussion regarding
the litigation and NJDEP regulations.
It was determined that no specific condition was imposed at either
meeting and the renewal of the license was granted.
No further action was taken.
RESOLUTION NO.63-2010
RE: CONGRATULATING
CORVILLE E. GRINER
ON THE OCCASION OF
HIS RETIREMENT AFTER SIXTY (60) YEARS OF SERVICE TO TUCKAHOE VOLUNTEER FIRE
COMPANY DISTRICT #2
AND EXTENDING TO HIM THANKS AND APPRECIATION
WHEREAS, Corville E. Griner has generously volunteered his personal time and
service to Upper Township Fire District #2, Tuckahoe Volunteer Fire Company for
over sixty (60) years; and
WHEREAS, during his years with the Fire Company he was first and foremost a
fireman dedicated to the safety and well being of the citizens of our community
while earning the respect and high regard of his fellow firemen for his valor,
strength and compassion whenever called to duty; and
WHEREAS, he also served the Fire Company in many other capacities such as
President, Secretary, Deputy Chief, and for over twenty-five (25) years he
served as Fire Chief; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the
citizens of the Township of Upper, do hereby congratulate Corville E. Griner on
his retirement after 60 years of service to the Tuckahoe Fire Company and extend
our heartfelt thanks and gratitude for the generous donation of his time and
service to this community.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 8th day of
March, 2010.
Offered by: Conrad
Seconded by: Newman
Adopted: March 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad ____x_____
__________ __________
__________
Corson
____x_____
__________ __________
__________
Gabor
____x_____ __________
__________ __________
Newman ____x_____
__________ __________
__________
Palombo ____x_____
__________ __________
_________
R E S O L U T I O N
RESOLUTION NO. 64-2010
RE: CONGRATULATING
ROBERT WRIGGINS
ON THE OCCASION OF HIS RETIREMENT AFTER FORTY-THREE (43) YEARS OF SERVICE TO
TUCKAHOE VOLUNTEER FIRE COMPANY DISTRICT #2 AND EXTENDING TO HIM THANKS AND
APPRECIATION
_________________________________________________________
WHEREAS, Robert Wriggins has generously volunteered his personal time and
service to Upper Township Fire District #2, Tuckahoe Volunteer Fire Company, for
over forty-three (43) years; and
WHEREAS, during his years with the Fire Company he was first and foremost a
fireman dedicated to the safety and well being of the citizens of our community
while earning the respect and high regard of his fellow firemen for his valor,
strength and compassion whenever called to duty; and
WHEREAS, he also served the Fire Company in many other capacities such as
President, Captain, Trustee, Assistant Chief, Instructor, and Fire Commissioner;
and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the
citizens of the Township of Upper do hereby congratulate Robert Wriggins on his
retirement after 43 years of service to the Tuckahoe Fire Company and extend to
him our heartfelt thanks and gratitude for the generous donation of his time and
service to this community.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 8th day of
March, 2010.
Offered by: Conrad
Seconded by: Gabor
Adopted: March 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad ___x______
__________ __________
__________
Coson
___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. 65-2010
RE:
REFUND EMS AMBULANCE BILLING OVERPAYMENT
TO HIGHMARK MEDICARE SERVICES INC.
_____________________________________________________________________________
WHEREAS, an overpayment has occurred in the account of Kieran V.
Lynch, an EMS ambulance billing patient, where the monies sent to the Township
of Upper by Highmark Medicare Services, Inc. were in excess as evidenced by the
attached copy of a letter from Centers for Medicare & Medicaid Services attached
hereto as Exhibit A.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of
the Township of Upper, Cape May County, that a refund is hereby authorized and
the Chief Financial Officer is hereby directed to refund monies as
indicated below:
$301.38
Highmark Medicare Services, Inc.
Attn: Cashier
P.O. Box 890034
Camp Hill, PA 17089-0034
Resolution No. 65-2010
Offered by: Conrad Seconded by: Newman
Adopted: March 8, 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. 66-2010
___________________________________________________________
WHEREAS, certain corrections have been recommended by the Upper Township
Tax
Collector in order
to correct the tax records,
WHEREAS,
Tax Sale Certificate #09-00003 was sold on Block 332 Lot 37 for $64.22.
WHEREAS, The property sold on 12/29/09.
WHEREAS, The lienholder surrendered the unrecorded tax sale certificate
#09-00003
authorized for
cancellation.
NOW, THREFORE 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 CANCEL said Tax Sale
Certificate
#09-00003.
Offered by: Gabor
Seconded by: Conrad
Adopted March 8,
2010
Roll call vote:
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.67-2010
RE: AUTHORIZING THE FILING
OF A RECYCLING
TONNAGE GRANT APPLICATION
____________________________________________
WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.
102., has established a recycling fund from which tonnage grants may be made to
municipalities in order to encourage local source separation and recycling
programs; and
WHEREAS, it is the intent and spirit of the Mandatory Source Separation
and Recycling Act to use the tonnage grants to develop new municipal recycling
programs and to continue and expand existing programs; and
WHEREAS, the New Jersey Department of Environmental Protection has
promulgated recycling regulations to implement the mandatory Source Separation
and Recycling Act; and
WHEREAS, the recycling regulations impose on municipalities certain
requirements as a condition for applying for tonnage grants, including, but not
limited to, making and keeping accurate verifiable records of materials
collected and claimed by the municipality; and
WHEREAS, a Resolution authorizing this municipality to apply for such
tonnage grants for calendar year 2010 (based on 2009 recycling
figures), and will memorialize the commitment of this municipality to recycling
and indicate the assent of the Township of Upper to the efforts undertaken by
the municipality and the requirements contained in the Recycling Act and
recycling regulations; and
WHEREAS, such Resolution should designate the individual authorized to
ensure that the application is property completed and timely filed.
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township
of Upper that the Township of Upper hereby endorses the submission of a
municipal Recycling Tonnage Grant Application to the New Jersey Department of
Environmental Protection and designates Wanda Gaglione, the Township Clerk, P.O.
Box 205, Tuckahoe, New Jersey, 08250, to ensure that said application is
properly filed.
Resolution No. 67-2010
Offered by: Corson
Seconded by: Gabor
Adopted: March 8, 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. 68-2010
RE: AUTHORIZING A SECOND AMENDMENT OF A PROFESSIONAL SERVICES CONTRACT WITH DR.
STEWART C. FARRELL/COASTAL RESEARCH CENTER OF THE RICHARD STOCKTON COLLEGE OF
NEW JERSEY WITH RESPECT TO A PROPOSAL FOR BEACH STABILIZATION FOR THE STRATHMERE
SECTION OF UPPER TOWNSHIP
___________________________________________________________________________
WHEREAS, the Township of Upper and the Richard Stockton College of New Jersey
Coastal Research Center/Stewart C. Farrell, Ph.D. (hereinafter
AFarrell@)
entered into a contract on January 1, 2009 for monitoring the 2009 Beach Fill
per Resolution No. 042-2009; and
WHEREAS, the Township of Upper and Farrell modified said contract pursuant to
Resolution No. 210-2009 and Amendment to Contract in accordance with said
Resolution; and
WHEREAS, the Township Committee has determined that there is a need to further
amend said contract to delete Task 4 from said Amendment to Contract; and
WHEREAS, the Township Committee has determined that it is in the best interest
of the Township to authorize a Second Amendment to Contract to the existing
professional services contract with Farrell as hereinafter provided; and
WHEREAS, the Municipal Attorney has determined that the services provided
pursuant to the Second Amendment to the existing contract with Farrell are
professional services and that the award of the amended contract may be made
without competitive bid; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to
permit the Township to enter into the Second Amendment to the Professional
Services Contract as aforesaid; and
WHEREAS, the Township has decided to acquire the services of Farrell 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. The Professional Services
Contract between the Township of Upper and Farrell and the Amendment to Contract
is hereby amended to delete Task 4 as set forth in the Amendment to Contract
authorized pursuant to Resolution No. 210-2009.
3. The Mayor and Township Clerk are
hereby authorized, directed and empowered to enter into a Second Amendment to
the Professional Services Contract with Farrell aforesaid for beach
stabilization in the Strathmere section of Upper Township. The Second Amendment
to the contract shall be prepared or approved by the Municipal Attorney for the
Township of Upper.
4. The Township Clerk is further
authorized , directed and empowered to seal said Second Amendment to the
contract with the seal of the Township of Upper.
5. The Township Clerk shall cause a
Notice of Award of this Second Amendment to the Professional Services Contract
to be published in the official newspaper of the Township as required by
N.J.S.A. 40A:11-5.
6. This Second Amendment to the
Contract is for a Professional Services Contract and has been awarded without
competitive bidding.
7. A certified copy of this
Resolution shall be provided to the Farrell.
8. This Resolution shall take
effect immediately and shall memorialize the decisions of the Township Committee
at its meeting on March 8, 2010.
Resolution No. 68-2010
Offered by: Newman
Seconded by: Palombo
Adopted: March 8, 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. 69-2010
RE: AUTHORIZING A THIRD AMENDMENT OF A PROFESSIONAL SERVICES CONTRACT WITH DR.
STEWART C. FARRELL/COASTAL RESEARCH CENTER OF THE RICHARD STOCKTON COLLEGE OF
NEW JERSEY WITH RESPECT TO A PROPOSAL FOR BEACH STABILIZATION FOR THE STRATHMERE
SECTION OF UPPER TOWNSHIP
___________________________________________________________________________
WHEREAS, the Township of Upper and the Richard Stockton College of New Jersey
Coastal Research Center/Stewart C. Farrell, Ph.D. (hereinafter
AFarrell@)
entered into a contract on January 1, 2009 for monitoring the 2009 Beach Fill
pursuant to Resolution No. 042-2009; and
WHEREAS, the Township of Upper and Farrell modified said contract pursuant to
Resolution No. 210-2009 and Amendment to Contract in accordance with said
Resolution; and
WHEREAS, the Township of Upper and Farrell further modified said contract
pursuant to Resolution No.
068-2010 and Second Amendment to Contract in accordance with said Resolution;
and
WHEREAS, the Township Committee has determined that there is a need to further
amend said contract to include additional services required due to the FEMA
Disaster Assistance Plan, DEM-1867-DR-NJ necessary due to the beach/dune loss
from the November 11-15, 2009 northeast storm; and
WHEREAS, the Township Committee has determined that it is in the best interest
of the Township to authorize a Third Amendment to Contract to the existing
professional services contract with Farrell as hereinafter provided; and
WHEREAS, the Municipal Attorney has determined that the services provided
pursuant to the Third Amendment to the existing contract with Farrell are
professional services and that the award of the amended contract may be made
without competitive bid; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to
permit the Township to enter into the Third Amendment to the Professional
Services Contract as aforesaid; and
WHEREAS, the Township has decided to acquire the services of Farrell 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.
The Professional Services Contract between the Township of Upper and Farrell,
the
Amendment to Contract and Second Amendment to Contract is hereby amended to include additional services required due to the FEMA Disaster Assistance Plan, DEM-1867-DR-NJ necessary due to the beach/dune loss from the November 11-15, 2009 northeast storm.
3.
The Mayor and Township Clerk are hereby authorized, directed and empowered to
enter into a Third Amendment to the Professional Services Contract with Farrell
aforesaid for beach stabilization in the Strathmere section of Upper Township.
The Third Amendment to the contract shall be prepared or approved by the
Municipal Attorney for the Township of Upper.
4. The Township Clerk is further
authorized , directed and empowered to seal said Third Amendment to the contract
with the seal of the Township of Upper.
5. The Township Clerk shall cause a
Notice of Award of this Third Amendment to the Professional Services Contract to
be published in the official newspaper of the Township as required by N.J.S.A.
40A:11-5.
6. This Third Amendment to the
Contract is for a Professional Services Contract and has been awarded without
competitive bidding.
7. A certified copy of this
Resolution shall be provided to the Farrell.
8. This Resolution shall take
effect immediately and shall memorialize the decisions of the Township Committee
at its meeting on March 8, 2010.
Resolution No. 69-2010
Offered by: Newman
Seconded by: Corson
Adopted: March 8, 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. 70-2019
RE: AUTHORIZING THE MAYOR, TOWNSHIP
CLERK,
CHIEF FINANCIAL OFFICER AND ASSISTANT
FINANCE OFFICER
TO EXECUTE A SIGNATURE CARD AND
CORPORATE RESOLUTION DESIGNATING THE AUTHORIZED SIGNERS FOR THE MUNICIPAL
“ACCUMULATED SICK LEAVE ACCOUNT” AT TD BANK
___________________________________________________________________________
WHEREAS, TD Bank is designated as a depository for funds of the Township of
Upper specifically the Accumulated Sick Leave Account number 4248116695; and
WHEREAS, TD Bank has requested that the Township of Upper execute a Signature
Card and Corporate Resolution designating account signers for Upper Township
accounts at TD Bank; and
WHEREAS, the Township Committee of the Township of Upper deems it appropriate to
designate signers for said accounts with TD Bank; 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 Mayor, Township Clerk, Chief
Financial Officer, and Assistant Chief Financial Officer are hereby authorized,
directed and empowered to execute the Signature Card, Corporate Authorization
Resolution, and Account Maintenance Form with TD Bank to designate signers on
accounts of Upper Township with TD Bank to indicate that the following
individuals are authorized
signers on said accounts: Richard
Palombo, Wanda Gaglione, Barbara Spiegel, and Theresa Smuz.
3.
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. 70-2010
Offered by:
Conrad
Seconded by: Corson
Adopted:
March 8, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
___x_______
__________
__________ __________
Corson
___x_______
__________
__________ __________
Gabor
___x_______
__________
__________ __________
Newman
___x_______
__________
__________ __________
Palombo
___x_______
__________
__________ __________
ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XXIV
(RESIDENTIAL SOLID WASTE PROGRAM) OF THE CODE OF UPPER TOWNSHIP.
There were no speakers during the
public comment section of the hearing.
Motion was made by Curtis Corson, second by Jay Newman to adopt Ordinance
No. 001-2010. 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. 001 – 2010
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XXIV (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
RESOLUTION
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 71
-2010
RE:
ESTABLISHING THE RULES AND REGULATIONS FOR THE RESIDENTIAL SOLID WASTE
PROGRAM IN ACCORDANCE WITH REVISED GENERAL ORDINANCE 24-3
___________________________________________________________________________________
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, the Township wishes to hereby establish updated rules and regulations
for this program; 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.
a.
The program is only available for residential use by Township Residents.
Commercial vehicles and/or waste generated from a commercial source is not
permitted under this program.
b.
Individual loads of residential waste (Type 10), bulky waste (Type 13) and
vegetative waste (Type 23) will be included in this program which will only be
available at the CMCMUA's Sanitary Landfill.
c.
A weight limit of one thousand (1,000) pounds of refuse per month is hereby
established by the Township for each permit holder participating in the program.
All vehicles with a gross vehicle weight of over eight thousand (8,000) pounds
or all registered vehicles with a net weight of refuse greater than one thousand
(1,000) pounds will continue to pay directly the appropriate CMCMUA user fee for
solid waste disposal.
d. The Township will register all
participating vehicles and issue a decal indicating the assigned account number
that must be available to present to the weighmaster on each visit to the
CMCMUA. Only vehicles which have
been properly registered with the Township will be allowed to participate in
this program. Further, the CMCMUA will not include a vehicle in the program if
its decal number is found on a list of revoked permits as provided in writing by
the Township on a monthly basis.
e.
All vehicles included in this program will be weighted upon entrance and exit at
the CMCMUA Sanitary Landfill
f.
Users of this program must continue to comply with all other rules and
procedures governing the public use of CMCMUA solid waste disposal facilities as
set forth in the CMCMUA user fees, terms and conditions document as adopted
annually by the Authority.
g.
Any participant in this program who violates these rules and regulations and
requirements of Ordinance 24-3 shall have their permit revoked by Township
Committee and shall be prohibited from further participation in the program. If
Said permit has been revoked by Township Committee, an application for
reinstatement may be considered by
Township Committee and will require a $100.00 non-refundable application fee.
h.
In addition to these rules and regulations, all participants in this program
must comply with all requirements set forth in Chapter 24-3 of the Revised
General Ordinances of the Township of Upper. In the event of any violation of
these rules and regulations or the terms and provisions of said ordinance, the
Township may take any corrective or remedial action permitted under either these
rules and regulations or said ordinance.
Resolution No. 71-2010
Offered by: Corson
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
____
UNFINISHED
BUSINESS:
Please see page 3 for this information.
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 made by Jay Newman, second by Frank Conrad with all five Committee
members present voting in the affirmative.
Payroll:
$177,925.09
Bills submitted for payment:
$
96,161.44
Ted Kingston,
Strathmere:
Asked if the Township checks if county
and Pinelands regulations are followed when a building permit is issued and if
so why wouldn’t this apply to a mining license as well.
The Township does check if other regulations are followed as well as
being inspected by the various agencies.
There was no
further public comment and the meeting was closed.
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. 072-2010
March 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)
Contract
negotiation issue – Ocean City Dispatch Share Services Agreement.
(2)
Contract
resolution and potential litigation – Shoreline Lease.
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 negotiation such matters will be made public when
negotiations have ceased and there is no longer a reason for confidentiality.
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 five Committee members voted in the affirmative.
ADJOURNMENT
There was no
further business for this evening and the meeting was adjourned at 10:52 P.M.
Motion to adjourn the meeting made by Jay Newman, seconded by Frank Conrad, with
all five Committee members voting in the affirmative.
The next regular
meeting is scheduled for Monday March 22nd, 2010 at 7:30 P.M. Next Budget
Workshop scheduled for Monday, March 22, 2010 at 6:30 PM.
Minutes prepared by
Wanda Gaglione, RMC
Municipal Clerk
Bill List
50863 02/24/10 A0006 ADVANCE TREADS INC
1,056.40 2580
50864 02/24/10 A0023 ADAMS, JOHN 52.00
2580
50865 02/24/10 A0025 ADVANTAGE RENTAL
ACE HARDWARE 4.36 2580
50866 02/24/10 A0035 AIRLINE HYDRAULIC
CORP. 642.00 2580
50867 02/24/10 A0054 A.M./P.M. SERVICES
184.00 2580
50868 02/24/10 A0071 ANCHOR FIRE
PROTECTION CO. 375.00 2580
50869 02/24/10 A0074 ATLANTIC CARE OCCU.
MEDICINE 10,174.79 2580
50870 02/24/10 A0075 ADAMS, JOSHUA 24.00
2580
50871 02/24/10 A0081 ARMSTRONG, RALON I.
10.00 2580
50872 02/24/10 A0091 ATLANTIC CITY
ELECTRIC 8,125.20 2580
50873 02/24/10 A0117 AT&T 121.40 2580
50874 02/24/10 A0122 ANSELL,ZARO,GRIMM &
AARON 87.50 2580
50875 02/24/10 B0020 BLAKER,RAYMOND
128.00 2580
50876 02/24/10 B0034 BCI BURKE COMPAMY,
INC. 291.60 2580
50877 02/24/10 B0035 BELMONT & CRYSTAL
SPRINGS 188.13 2580
50878 02/24/10 B0052 BENNETT
BATTERIES,LLC. 249.70 2580
50879 02/24/10 B0090 BROADLEY'S MDI.
785.64 2580
50880 02/24/10 B0110 BROSS, REBECCA
41.00 2580
50881 02/24/10 B0111 BROSS, GEORGE 50.00
2580
50882 02/24/10 B0148 BLUE FLAME/PARACO
GAS 696.99 2580
50883 02/24/10 B0160 BONNER, ROSEMARY
23.72 2580
50884 02/24/10 B0178 BUGANSKI,PETER R.
52.00 2580
50885 02/24/10 B0182 BRIGGS LAW OFFICE,
P.C. 3,512.86 2580
50886 02/24/10 B0184 BUSHONG, BRIAN
24.00 2580
50887 02/24/10 C0010 CMC MUNICIPAL
JUDGES ASSOC 75.00 2580
50888 02/24/10 C0030 CAMP, BARBARA 67.91
2580
50889 02/24/10 C0031 CAPE ASSIST 375.00
2580
50890 02/24/10 C0060 CAPRIONI'S PORTABLE
TOILETS 989.00 2580
50891 02/24/10 C0068 COMCAST 169.28 2580
50892 02/24/10 C0077 CHERRY VALLEY
TRACTOR SALES 2,576.00 2580
50893 02/24/10 C0078 CARTER, EDWARD, SR.
34.00 2580
50894 02/24/10 C0091 CHISHOLM, JOHN R.
24.00 2580
50895 02/24/10 C0124 CMC MUNICIPAL
CLERK'S ASSOC. 100.00 2580
50896 02/24/10 C0140 CODED SYSTEMS
680.00 2580
50897 02/24/10 C0143 CODY'S POWER
EQUIPMENT 194.51 2580
50898 02/24/10 C0171 COLONIAL ELECTRIC
SUPPLY CO. 34.00 2580
50899 02/24/10 C0201 CRUZAN'S TRUCK
SERVICE INC. 332.09 2580
50900 02/24/10 C0223 CASA PAYROLL
SERVICE 250.95 2580
50901 02/24/10 D0026 DEAUGUSTINE, JOE
10.00 2580
50902 02/24/10 D0077 DIETRICH,PAUL 8.99
2580
50903 02/24/10 E0047 EFFINGER SPORTING
GOODS CO 1,600.00 2580
50904 02/24/10 F0048 FOGG, LESLIE INC.
354.16 2580
50905 02/24/10 G0002 GAGLIONE, WANDA
32.00 2580
50906 02/24/10 G0006 GARBUTT,PATRICIA A.
61.64 2580
50907 02/24/10 G0016 GARDNER HARDWARE
INC. 43.86 2580
50908 02/24/10 G0030 GENERAL SPRING
SERVICE 827.81 2580
50909 02/24/10 G0044 GILES & RANSOME,
INC. 240.14 2580
50910 02/24/10 G0092 GRUND, BARBARA J.
351.34 2580
50911 02/24/10 G0096 GRUND, GEORGE 454.03 2580
50912 02/24/10 H0062 HOPE, JOHN J. 40.00 2580
50913 02/24/10 H0094 HOPE'S PLUMBING, LLC 190.00 2580
50914 02/24/10 H0131 HPI PROCESSES, INC 588.00 2580
50915 02/24/10 I0013 IMPACT TECHNOLOGY SOLUTION LLC 1,140.00 2580
50916 02/24/10 J0039 JOHNSON & TOWER INC. 113.36 2580
50917 02/24/10 J0041 JONES, JAMES M. 52.00 2580
50918 02/24/10 K0007 KACZMARSKI, RICHARD 124.97 2580
50919 02/24/10 K0014 KEENAN,BRIAN 24.00 2580
50920 02/24/10 K0037 KOHLER, JOHN F 10.00 2580
50921 02/24/10 K0047 KLINE, EDWARD T. 187.99 2580
50922 02/24/10 L0072 LLOYD, JOEL 218.25 2580
50923 02/24/10 L0075 LEXISNEXIS T/A MATTHEW BENDER 65.34 2580
50924 02/24/10 L0080 LOWES, INC. 230.62 2580
50925 02/24/10 M0012 McCAULEY, RICHARD 34.00 2580
50926 02/24/10 M0021 MASER CONSULTING, P.A. 6,020.00 2580
50927 02/24/10 M0032 MARINE RESCUE PRODUCTS,INC. 1,088.00 2580
50928 02/24/10 M0059 MCDANIELS, WILLIAM J. III 210.94 2580
50929 02/24/10 M0070 MID ATLANTIC WASTE SYSTEMS 1,543.58 2580
50930 02/24/10 M0103 MODERN GAS COMPANY, INC. 397.86 2580
50931 02/24/10 M0142 MASON, NICHOLAS 22.00 2580
50932 02/24/10 M0180 MED-TECH RESOURCE,INC. 416.16 2580
50933 02/24/10 M0188 MCCARTHY TIRE SERVICE OF PHILA 1,085.50 2580
50934 02/24/10 M0193 MAYNE, MICHAEL 10.00 2580
50935 02/24/10 M0206 McCARDELL, JOHN 10.00 2580
50936 02/24/10 M0209 MAYBERRY, JOHN D 146.92 2580
50937 02/24/10 N0004 NJ-AMERICAN WATER CO. 31.50 2580
50938 02/24/10 N0043 NAPA AUTO PARTS OF S.JERSEY 520.77 2580
50939 02/24/10 N0052 NATL YOUTH SPORTS COACHED ASSN 720.00 2580
50940 02/24/10 N0070 NIA GROUP ASSOCIATES, LLC 2,500.00 2580
50941 02/24/10 O0006 OCS PRINTING 903.00 2580
50942 02/24/10 O0034 OSPREY POINT CONDO ASSOC. 9,906.29 2580
50943 02/24/10 P0008 PALMER, NANCY 53.00 2580
50944 02/24/10 P0026 PAYNTER, JOSEPH 134.95 2580
50945 02/24/10 P0032 PEDRONI FUEL CO. 2,574.17 2580
50946 02/24/10 P0036 PENNELLO,DAVID 28.00 2580
50947 02/24/10 P0050 PARSIO, ANTHONY 24.00 2580
50948 02/24/10 P0064 PITNEY BOWES 237.96 2580
50949 02/24/10 P0073 POGUE INC. 75.00 2580
50950 02/24/10 P0096 PREVITI,MICHELE M. 359.78 2580
50951 02/24/10 R0030 RIGGINS, INC. 7,503.09 2580
50952 02/24/10 R0055 ROSIAK, CAROL 26.00 2580
50953 02/24/10 R0073 RICOH AMERICAS CORPORATION 337.74 2580
50954 02/24/10 S0034 SCHULER, DANIEL 167.96 2580
50955 02/24/10 S0072 SEGIN, STEWART S. 62.00 2580
50956 02/24/10 S0092 SHONE, LEROY 42.00 2580
50957 02/24/10 S0108 SOUTHERN NEW JERSEY NIGP 80.00 2580
50958 02/24/10 S0121 SMUZ, THERESE A 49.60 2580
50959 02/24/10 S0134 SO. JERSEY GAS COMPANY 2,490.05 2580
50960 02/24/10 S0138 SOUTH JERSEY SOCCER LEAGUE 600.00 2580
50961 02/24/10 S0139 SO. JERSEY WATER COND. INC. 465.95 2580
50962 02/24/10 S0153 STERICYCLE, INC. 445.02 2580
50963 02/24/10 S0196 STEWART BUSINESS SYSTEMS LLC 263.52 2580
50964 02/24/10 S0209 STAPLES ADVANTAGE 1,708.87 2580
50965 02/24/10 S0239 SHORE VET. ANIMAL CONTROL 2,200.00 2580
50966 02/24/10 T0020 TERWILLIGER, DUANE E. 52.00 2580
50967 02/24/10 T0022 TERMINIX 49.00 2580
50968 02/24/10 T0024 TAYLOR, MATTHEW 34.00 2580
50969 02/24/10 T0032 THE PRESS & SUNDAY PRESS 201.21 2580
50970 02/24/10 T0034 THE PAPER OF U.T./GAZETTE 1,836.00 2580
50971 02/24/10 T0038 THOMAS, CHRISTOPHER 62.00 2580
50972 02/24/10 T0044 THOMSON, KERRY AGENCY 1,790.00 2580
50973 02/24/10 T0067 TOWNSHIP OF UPPER PETTY CASH 16.50 2580
50974 02/24/10 T0074 TRANSAXLE LLC 737.82 2580
50975 02/24/10 U0002 U.T. BASKETBALL ASSOCIATION 26.25 2580
50976 02/24/10 U0047 U.S. MUNICIPAL SUPPLY, INC. 767.79 2580
50977 02/24/10 V0001 VCI EMERGENCY VEHICLE 23.55 2580
50978 02/24/10 V0022 VERIZON 2,100.57 2580
50979 02/24/10 V0024 VAL-U AUTO PARTS L.L.C. 525.86 2580
50980 02/24/10 V0026 VITAL COMPUTER RESOURCES, INC. 1,206.20 2580
50981 02/24/10 V0027 VANORDER, ROGER 30.00 2580
50982 02/24/10 W0001 WILFRED McDONALD INC. 213.00 2580
50983 02/24/10 W0030 WEST PUBLISHING CO. 472.00 2580
50984 02/24/10 W0038 WILLIAMS, JEREMIAH J. 341.98 2580
50985 02/24/10 W0060 WOOLLEY, THOMAS 46.00 2580
50986 02/24/10 X0002 XEROX CAPITAL SERVICES,LLC 72.00 2580
50987 02/24/10 Y0012 YOUNG,ROBERT 292.00 2580
====== ====== ============== ================
Total Paid: $96,161.44