TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
David Bucciarelli Present
Curtis Corson Present
Andrew McCrosson Present
John “Jay” Newman Present
Richard Palombo Present
APPROVAL OF MINUTES - April 28, 2003 Regular Meeting and
REPORT OF GOVERNING BODY MEMBERS
David Bucciarelli, reported that all sports programs are operational and up to speed.
Andrew McCrosson, discussed a letter he received from Ralph Hill from JIF, advising us to adopt a resolution necessary as members of JIF. Moved to adopt this resolution by Andrew McCrosson second by David Bucciarelli with all voting affirmative. This will be scheduled for the June 9, 2003 meeting.
He then discussed another JIF matter, light duty for returning injured workers. Patricia Dopko is exploring policies from Ocean City.
He discussed the Treasurer’s Report and again stated the importance of retaining a surplus as our disbursements have exceeded our receipts.
Curtis Corson, moved to hire Peter Buganski and John Hope as part-time seasonal employees for the Dept. of Public Works. Andrew McCrosson second with all Committeemen voting in the affirmative.
Jay Newman, moved to hire Linwood Chatten as a full time employee of the Rescue Squad, effective May 31, 2003. Second by David Bucciarelli with all five Committeemen voting in favor.
He reported that this weekend there will be a training exercise for Fire and Rescue. A more involved training exercise will be scheduled for next month.
Mayor, Richard Palombo, discussed U.T.T.V., our own television station for Upper Township. The official launch is scheduled for May 23, at 9:00 A.M., at the Middle School Library. He explained that it is a government educational channel that can be used for emergency notices, school closings, list Township meetings and activities as well as showcase school activities. He thanked the people involved in this project, Paul Dietrich, Barbara Spiegel, Fred Donatucci, John Castaldi and others.
He made a motion to hire Kristen Errickson as the new Tax Assessor, second by Andrew McCrosson with all voting in favor.
Rhonda Sharpe, from the Tax Office has successfully completed Principles of Municipal Tax Collection, a class offered by Rutgers University.
He received a letter from John Deuter explaining that the County is refining their Emergency Management, they are looking to each community to put together a committee. The Mayor passed the letter onto Jay Newman. This committee should include people from the Zoning Office-Inspector’s Office, Engineering, Elected Official, Emergency Management, and public members.
Wanda Gaglione, National MS Society will hold a bicycle tour and travel through Strathmere this weekend. The Police will be notified to provide traffic control.
Also there will be no spraying this week for the Gypsy Moth program; it will be next Monday, weather permitting.
Paul Dietrich, The N.J.D.O.T. will hold a meeting here at the Township Hall on June 17th, from 3:00 P.M. to 7:00 P.M., to talk about the Route 50 Bridge replacement project and intersection of Rt. 50 and Rt. 49, in Tuckahoe.
Also, the Amanda’s Field project is moving along well, we take delivery of the pole barn this week. The County has assisted us by lending us their street roller.
The Beach Patrol building project is ready to begin.
1. Authorizing execution of Equipment Lease with All Action Water Sports.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 094-2003
RE: AUTHORIZING EXECUTION OF EQUIPMENT LEASE
WITH ALL ACTION WATER SPORTS.
_________________________________________________________________
WHEREAS, the Township of Upper desires to enter into a Lease with ALL ACTION WATER SPORTS to rent one or more Yamaha Wave Runners at a nominal consideration for the use of the Upper Township Beach Patrol.
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 and Township Clerk are hereby authorized, directed and empowered to execute a form of Equipment Lease and Addendum on behalf of the Township of Upper with ALL ACTION WATER SPORTS and the Township Clerk is further authorized, directed and empowered to seal said Lease with the official seal of the Township of Upper.
3. The Township Clerk shall forward a copy of this Resolution and the Lease Agreement to the Township's insurance agent for general liability coverage, with instructions to effect such insurance coverage as is required pursuant to the terms of the Lease and for the term indicated.
Resolution No. 094-2003
Offered by: Bucciarelli, Seconded by: Palombo
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 095-2003
RE: APPROVING THE APPLICATION OF THE TUCKAHOE VOLUNTEER FIRE CO. FOR A HIGHWAY COIN DROP
______________________________________________________________
WHEREAS, the Tuckahoe Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold a coin drop solicitation in Upper Township; and
WHEREAS, the Township Committee has approved the request; and
WHEREAS, the request requires approval from the County of Cape May and the State of New Jersey;
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 Tuckahoe Volunteer Fire Co. to hold a coin drop within Upper Township is hereby approved for the following dates and locations:
Friday, July 25, 2003 from 3:00 p.m. to 8:00 p.m. AND
Saturday, July 26, 2003 from 9:00 a.m. to 3:00 p.m.
Friday, August 22, 2003 from 3:00 p.m. to 8:00 p.m. AND Saturday, August 23, 2003 from 9:00 a.m. to 3:00 p.m.
Intersection of Co. Route 617 & Route 49
Sunday, July 27, 2003 from 3:00 p.m. to 8:00 p.m. AND
Sunday, August 24, 2003 from 3:00 p.m. to 8:00 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 State of New Jersey, Department of Transportation and the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 095-2003
Offered by: Newman, Seconded by: McCrosson
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x_____ __________ __________ __________
Corson __x_____ __________ __________ __________
McCrosson __x_____ __________ __________ __________
Newman __x_____ __________ __________ __________
Palombo __x_____ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 096-2003
RE: REAFFIRMING THE REVIEW AND FINAL APPROVAL OF THE APPLICATION AND PURCHASE OF A DEVELOPMENT EASEMENT ON THE WILLIAM ROTH, JR./ROBERT L. ROTH FARM, AND APPROVING THE APPLICATION TO THE STATE FARMLAND PRESERVATION PROGRAM
WHEREAS, the Cape May County Agriculture Development Board has granted final approval for the purchase of a Development Easement on property owned by William Roth, Jr./Robert L. Roth farm at a certified value of $33,800.00 per acre, designated as 22.477 acres, Block 559, Lot 31.02 & 33 also known as 3041 Route 9 South, Township of Upper, Cape May County, New Jersey; and
WHEREAS, the Board of Chosen Freeholders of the County of Cape May has entered into a contract to purchase said easement; and
WHEREAS, the County of Cape May, upon purchase and as owner of said easement intends to make application to the State Agriculture Development Committee for inclusion in their program;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper has reviewed the aforesaid application, pursuant to N.J.A.C. 2:76-6.10(a)4. and in the best interest of the Township approves the application and the purchase of the development easement of the property designated, 22.477 acres, Block 559, Lot 31.02 & 33, also known as 3041 Route 9 South, Township of Upper, Cape May County, New Jersey;
BE IT FURTHER RESOLVED, the Township Committee of Upper Township approves Cape May County’s application to the State Agriculture Development Committee.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 5th day of May, 2003.
Resolution No. 096-2003
Offered by: Bucciarelli, Seconded by: McCrosson
Adopted: May 5, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_____ _________ _________ ________
Corson ___x_____ _________ _________ ________
McCrosson ___x_____ _________ _________ ________
Newman ___x_____ _________ _________ ________
Palombo ___x_____ _________ _________ ________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 097-2003
RE: APPOINTMENT OF RALON ARMSTRONG, KELLY FORSSTROM,
MICHAEL MAYNE AND MARK MATHIS
AS PART-TIME SEASONAL EMPLOYEES
TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Recreation Department to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of April 28, 2003; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Ralon Armstrong, Kelly Forsstrom, Michael Mayne, and Mark Mathis are hereby appointed in part-time seasonal positions effective immediately at a salary of $9.25 per hour in accordance with the Salary Ordinance.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 28, 2003.
Resolution No. 097-2003
Offered by: Bucciarelli, Seconded by:Newman
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x_____ __________ __________ __________
Corson __x_____ __________ __________ __________
McCrosson __x_____ __________ __________ __________
Newman __x_____ __________ __________ __________
Palombo __x_____ __________ __________ __________
5. Hiring of Joseph Lloyd and Richard K. McCauley as part-time seasonal employees to the Upper Township Dept. of Public Works.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.098-2003
RE: APPOINTMENT OF JOSEPH LLOYD AND RICHARD K. McCAULEY
AS PART-TIME SEASONAL EMPLOYEES
TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Department of Public Works to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of April 28, 2003; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Joseph Lloyd and Richard K. McCauley are hereby appointed in part-time seasonal positions effective immediately at a salary of $9.25 per hour in accordance with the Salary Ordinance.
4. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 28, 2003.
Resolution No. 098-2003
Offered by: Corson, Seconded by: Palombo
Adopted: May 12, 2003
bas
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x______ __________ __________ __________
Corson __x______ __________ __________ __________
McCrosson __x______ __________ __________ __________
Newman __x______ __________ __________ __________
Palombo __x______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 099-2003
RE: DESIGNATING MAY 2003 AS SPAY & NEUTER MONTH
IN UPPER TOWNSHIP
WHEREAS, the Township Committee is acutely aware of the problems created by a growing pet and companion animal population which exceeds the number of caring and dedicated owners; and
WHEREAS, as available local resources are stretched to the breaking point in the provision of shelter services, it is clear that the aggressive promotion of spay and neuter programs is in the best interest of both citizens and taxpayers, as well as the animals of Upper Township; and
WHEREAS, the Cape May County Animal Shelter Alliance, being comprised of citizens with an impassioned interest in the health and welfare of the pets and companion animals of the County, has implemented a program to assist in the funding and development of a spay and neuter program during the month of May 2003; and
WHEREAS, there are available both veterinary services in the form of practicing licensed veterinarians, as well as several non-profit service providers; and
WHEREAS, the Township Committee supports the efforts of the Cape May County Animal Shelter Alliance and other non-profit agencies to educate and encourage owners to have their pets spayed or neutered; and
WHEREAS, spaying and neutering of pets and companion animals is considered the most humane method of controlling unwanted pets and owners are encouraged to contact or visit their veterinarian or other provider to arrange for their pet to be spayed or neutered.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey that May 2003 be and is hereby designated “Upper Township Spay and Neuter Month” and this Committee further encourages all pet and companion animal owners in the Township to learn about this important issue.
Resolution No. 099-2003
Offered by: Newman, Seconded by:Palombo
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x______ ________ _________ ________
Corson ___x______ ________ _________ ________
McCrosson ___x______ ________ _________ ________
Newman ___x______ ________ _________ ________
Palombo ___x______ ________ _________ ________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 100-2003
RE: IN SUPPORT OF RESTORING FUNDING TO THE HISTORICAL COMMISSION, THE ARTS COUNCIL, AND THE CULTURAL TRUST.
WHEREAS, the people of Upper Township deserve access to high quality history and cultural programs that build pride in our communities and improve quality of life; and
WHEREAS, the Governor’s fiscal year 2003/2004 budget eliminates the entire $33.2 Million in funding for staff, operations or grants of the New Jersey State Council on the Arts, the New Jersey Historical Commission or the New Jersey Cultural Trust; and
WHEREAS, this budgetary action eliminates State support for nearly 600 local arts and history programs shifting the entire burden for their sustenance upon local government; and
WHEREAS, the non-profit arts and history organization funded by these agencies support over
17, 000 jobs, return over $90 million in tax revenues, attract audiences that exceed 21 million and have a combined economic impact exceeding $1.5 Billion, all of which will be severely reduced by that action and lead to the demise of important programs and organizations; and
WEREAS, the arts and history improve our schools, attract tourist, celebrate diversity, teach tolerance. Install patriotism, revitalize our cities and towns and support local business, all of which will be undermined by that action; and
WEREAS, these agencies provide full public accountability for expenditure of tax-payer dollars and fair process for awarding grants that help ensure quality and public benefit, which will be entirely eliminated by that action;
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. Now therefore be it resolved by the Township of Upper, that we call upon the Governor and Legislature of New Jersey for full restoration of funding for grants, staffs and operations of the New Jersey State Council the Arts, the New Jersey Historical Commission and the New Jersey Cultural Trust.
3. A copy of this Resolution shall be forwarded to the Senate Co-Presidents Richard J. Codey, John O. Bennet, Senate Appropriations Co-Chairmen Robert E. Littell, Wayne R. Bryant, Assembly Speaker, Assemblyman Albio Sires, Assembly Appropriations chair Bonnie Watson Coleman as well as the Senate and Assembly representatives of the Township of Upper.
Resolution No. 100-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
McCrosson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x___ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 101-2003
RE: APPOINTING THE 2003 SEASON BEACH PATROL PERSONNEL
___________________________________________________________
WHEREAS, the individuals hereinafter named have been determined to possess the requisite skills, training and are otherwise eligible for appointment to the position of lifeguard; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following individuals are appointed as lifeguards in the Township of Upper at a salary as stated below in accordance with the Salary Ordinance:
Captain William Handley $16.50 per hour
Lieutenant Jason Marshall $12.90 per hour
Lieutenant Greg Van Gilder $12.90 per hour
Charles Horner $10.50 per hour
James Gibbons $10.50 per hour
Jeff Harrison $10.50 per hour
Brig Seaver $10.50 per hour
John Mruz $10.50 per hour
James O’Connor $10.50 per hour
Matt Palombo $10.50 per hour
Joseph LaRosa, Jr. $10.50 per hour
Bill Stull $10.20 per hour
Katelyn Kenny $10.20 per hour
Rod Tice $ 9.50 per hour
Jenny Callahan $ 9.50 per hour
3. This Resolution shall be effective immediately and is further intended to ratify, confirm and approve any formal action taken by the Township Committee.
Resolution No. 101-2003
Offered by: McCrosson, Seconded by: Bucciarelli
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_____ _________ _________ ________
Corson ___x_____ _________ _________ ________
McCrosson ___x_____ _________ _________ ________
Newman ___x_____ _________ _________ ________
Palombo ___x_____ _________ _________ ________
The defeated $28 million School Budget proposed a 34¢ tax rate increase. This was previously before the Committee at the April 28, 2003 meeting.
Fred Donatucci, School Superintendent explained that when going into the budget process this year they were faced with many obstacles that they have little control over—tuition to Ocean City HS, increased labor costs. In spite of these obstacles they did make some cuts--two teaching positions have been reduced, they have cut the number of teachers aids. They looked at such things as school supplies. He said that the budget cuts will affect K-8 grades, and that they do not affect grades 9-12. He talked about State testing and our students’ proficiency. Our children are not failing that test but there are not a high number that are excelling. He believes you cannot have a quality program unless the community invests in that program and invests in the people that are instructing the children. He talked about technology and that it would be less expensive to lease equipment instead of buying. He recommended not going to a program that offers a minimal educational opportunity to our children.
Charles Muller, School Business Administrator, stated that they have looked for reductions. He discussed $30,000, from IDEA allocations. He discussed that supplies and textbooks figures are the same as in 2002 and 2001. Normally when a school district budget is prepared the last place they cut is the staff. They first look at maintenance projects, supplies, and health benefits. This was not the case this year; staff cuts were made. This year two retiring teachers were not replaced. Health Benefits have increased 20%, with dental and prescription lower. Salaries cannot be touched. He discussed the $230,400.00 that was overestimated for tuition. He recommended that money left from tuition not being touched, that it should be saved for future years when even higher payments are expected.
The Mayor stated that they are in crisis now and it is needed now for tax relief. If that money remains in the fund it becomes part of the general operating fund and can be used for something else although it was earmarked originally for tuition.
The Mayor stated that in time of crisis we have to find a way to help our taxpayers. There is a crisis throughout the State. We don’t know what next year will bring but hope the new legislators will turn things around for next years budget. We have to cut corners to get through this particular year.
The majority of the people in the audience wanted the full day kindergarten and the French Immersion program to remain.
Andrew McCrosson agreed that this is a crisis year and that the extra tuition money should be cut from the budget. He asked if Administration was looked at as to whether it was top heavy.
Mr. Donatucci explained that a new Vice-Principal was hired in February and that budget constraints prohibit him from working year round. A very time consuming project to restructure the school program is planned and the Vice-Principal will be in charge of that, so he will be very busy.
When asked about combining two costly positions into one, Mr. Donnatucci explained that the Curriculum Administrator is a full time job and very necessary, as well as the Special Education Supervisor and both are very busy positions.
It was discussed that the repaving of the school parking lot would be included in Municipal projects and that it could be paved over a holiday or during summer months.
Leon Costello, Township Auditor explained the items the Township Committee recommended being amended in order to lower the school budget. He asked about additional salary positions listed on the budget. The reductions listed below will reduce the tax rate by about 4¢.
May 19th, 2003 is the deadline when the tax rate must be in the hands of the County School Superintendent.
Extra Tuition Money $230,400.00
Maintenance of School Facilities $96,800.00
_____________________________________________
David Bucciarelli suggested discontinuing the French Immersion program and not implementing the all-day kindergarten this year. It can be considered at another time. He mentioned that Upper Township was just recently named the best place to reside in South Jersey, (our schools being one of the reasons for that designation), and that our children are already offered an excellent education.
Fred Donatucci stated that the French Immersion program would not increase the budget. He recommended not waiting to implement the full day kindergarten and that our children deserve a quality education.
Andrew McCrosson, discussed that when facing a crisis that it should not be a year to look for new programs.
The Committee commented that no programs were cut. Bussing was not touched. Mr. Bucciarelli stated that at this meeting and the last meeting more people were in favor of the all day kindergarten that opposed to it.
Regarding the Township taking responsibility for school maintenance projects—the Mayor stated that the Engineer could pave their parking area during the holidays or over summer.
Later in the meeting the following resolution was adopted.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 102-2003
RE: UPPER TOWNSHIP SCHOOL DISTRICT BUDGET
FOR THE SCHOOL YEAR 2003-2004 AND CERTIFYING
THE AMOUNT NECESSARY TO BE RAISED BY
LOCAL TAX LEVY FOR SCHOOL PURPOSES
________________________________________________________________
WHEREAS, the proposed budget for the Upper Township School District for the school year 2003-2004, proposing to raise for general funds the sum of $14,533,339.00 was submitted to the electorate as required by law and duly rejected and defeated; and
WHEREAS, the Township Committee of the Township of Upper did thereafter, consult with the Board of Education of the Township of Upper, as required by law, concerning such defeated budget in an effort to determine whether said budget could be reduced and still meet the mandate of providing a thorough and efficient education for the students attending said School District; and
WHEREAS, pursuant to Statute, in such case made and provided, the Upper Township Board of Education did meet with the Governing Body of the Township of Upper and did consult concerning the budget needs for the School District for the ensuing school year of 2003-2004; and
WHEREAS, as a result of such meeting and consultation aforesaid, the Township of Upper has determined that the General Fund Budget submitted to the electorate of the Township of Upper may be reduced as hereinafter provided, while at the same time providing a thorough and efficient education for the District students as required by law; and
WHEREAS, it has been further determined that the proposed General Fund Budget of $14,533,339.00 can be reduced by the sum of $357,200.00 as hereinafter provided, thus reducing the amount to be raised by taxation;
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.
CURRENT EXPENSE BUDGET
2. The proposed budget of the Upper Township Board of Education for the school year 2003-2004 shall be reduced in the following line items:
Budget Line Item No. Amount of Reduction
11-000-100-561 230,400.00
11-000-261-420 96,800.00
11-120-100-101 30,000.00
Total. . . . . . . . . . . . . . . . . . ……………………………..$357,200.00
3. The Township of Upper hereby sets forth the following specific statement of reasons for the above reductions of the local school board budget:
ll-OOO-lOO-561 Disparity in number of students
Anticipated at Ocean City HS.
ll-OOO-261-42O Repairs and maintenance have
historically been provided by the
municipality and same are anticipated in the future.
ll-l2O-lOO-lOl Additional special revenue anticipated
in IDEA Program.
4. The Township Committee hereby certifies to the Cape May County Board of Taxation that the amount to be raised by local tax levy for school purposes for the Upper Township School District for the school year 2003-2004 is as follows:
$14,176,139.00
5. This Resolution is intended to memorialize, ratify and confirm action taken by the Upper Township Committee at a regular meeting held on May 12, 2003.
6. Certified copies of this Resolution shall be served upon the persons and/or entities hereinafter designated:
Cape May County Board of Taxation
Upper Township Board of Education
Cape May County Superintendent of Schools
Such additional persons, parties and entities as may be designated by law.
Resolution No. 102-2003
Offered by: McCrosson Seconded by: Bucciarelli
Adopted: May 12, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli x ___
Corson x
McCrosson x ___
Newman _x_
Palombo x ___
8. Second Reading and Adoption of Ordinance No. 004-2003, An Ordinance authorizing the Township of Upper to enter into a lease agreement with the Historical Preservation Society of Upper Township, Inc., a non-profit corporation, with respect to land and premises known as the second floor office at the Tuckahoe Railroad Station, 31 Mill Road, Tuckahoe, New Jersey, for a nominal consideration.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 004-2003
AN ORDINANCE AUTHORIZING THE TOWNSHIP OF UPPER TO
ENTER INTO A LEASE AGREEMENT WITH THE HISTORICAL
PRESERVATION SOCIETY OF UPPER TOWNSHIP, INC.,
A NON-PROFIT CORPORATION, WITH RESPECT TO LAND AND
PREMISES KNOWN AS THE SECOND FLOOR OFFICE AT THE
TUCKAHOE RAILROAD STATION, 31 MILL ROAD,
TUCKAHOE, NEW JERSEY FOR A NOMINAL CONSIDERATION.
______________________________________________________________
BE IT ORDAINED by the Township Committee, the Governing Body of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: FACTUAL FINDINGS AND DETERMINATIONS: The Township Committee hereby expressly finds and determines the following:
Pursuant to N.J.S.A. 40A:12-14, a municipality is authorized to lease any real property, capital improvement or personal property not needed for public use and which is not otherwise dedicated or restricted pursuant to law.
N.J.S.A. 40A:12-14(c) further provides and authorizes a lease to a non-profit corporation for a public purpose, provided that such Lease shall be authorized by Ordinance and further authorizes such Lease for a nominal consideration. Said Statute further requires and mandates that the non-profit corporation file annual reports with the Governing Body as more particularly described and required in Section 4 hereof.
N.J.S.A. 40A:12-15 sets forth the purposes for which Leases for a public purpose may be made and provides a maximum term for a leasehold and expressly authorizes such Lease for any civic or historic programs or activities by duly incorporated historical societies (N.J.S.A. 40A:12-15(g)), as well as for any activity for the promotion of the health, safety, morals and general welfare of the community of any non-profit corporation or association (N.J.S.A. 40A:12-15(i).
It has been represented to the Township Committee that the Historical Preservation Society of Upper Township, Inc. (ASociety@) is a duly incorporated non-profit corporation organized and existing under the laws of the State of New Jersey and in good standing and the Township Committee accepts and relies upon those representations made by or on behalf of the Society and the Township Committee further finds that the Society meets the requirements of N.J.S.A. 40A:12-15(g) and (i).
The activities of the Society will promote the health, safety, morals and general welfare of the community through educational programs conducted which will foster a knowledge, awareness and appreciation of the Township=s unique historical background.
SECTION 2: The Township of Upper is hereby authorized to enter into a Lease Agreement with the Society, for the lease of the second floor office at the Tuckahoe Railroad Station, 31 Mill Road, Tuckahoe, New Jersey. Said Lease shall be for a term of five (5) years, commencing June 1, 2003. Said Lease may thereafter be renewed for a successive term of five (5) years. Said Lease may thereafter be renewed for a successive term or terms as permitted by law. The consideration shall be nominal and shall be stated at the sum of One Dollar ($1.00) per year for the term of said Lease. Said Lease shall be prepared or approved by the Municipal Attorney for the Township of Upper and ultimate final approval of said Lease shall be vested in the Township Committee, as the Governing Body of the Township of Upper.
SECTION 3: CONDITIONS AFFECTING LEASE: The Lease authorized in Section 2 hereof shall be expressly subject to the following terms, reservations and restrictions:
The property described herein shall be used by the Society as office space for the Society subject to the terms and conditions of an Agreement to be negotiated between the Township of Upper and the Society, which defines the rights, duties and responsibilities of the Township and the Society with respect to the maintenance and use of the property described in this Ordinance.
In the event that the Society should, in the opinion of the Township Governing Body, cease to exist or become inactive, then the right is reserved unto the Township of Upper, through its Governing Body, to terminate the Lease and to make the property described herein available to a successor entity or group to be used for the same or similar purpose or for any other purpose permitted by law.
SECTION 4: RESPONSIBILITIES OF LESSEE: In compliance with N.J.S.A. 40:12-14, as the same may, from time to time, be amended or supplemented, it shall be the responsibility of the Tenant, the Historical Preservation Society of Upper Township, Inc., as the holder of a Lease for a public purpose, to submit annually a report to the Township Committee, in writing, setting forth the use to which the leasehold was put during the preceding year; the activities of the Lessee undertaken in furtherance of the public purpose for which the leasehold was granted; the approximate value or cost, if any, of such activities in furtherance of such purpose; and an affirmation of the continued tax-exempt status of the non-profit corporation pursuant to both State and Federal law. Failure on the part of the Tenant to comply with the provisions of this law or any similar law enacted by the State of New Jersey during the term of this Lease shall be cause for the termination of the Lease by action of the Township Governing Body.
SECTION 5: AUTHORITY OF TOWNSHIP OFFICIALS: All Township officers, officials and employees are hereby authorized to take all action necessary or required in order to carry out the intent and purpose of this Ordinance. Without in any way intending to limit the generality of the foregoing, the Mayor and the Township Clerk are expressly authorized, empowered and directed to sign the Lease Agreement on behalf of the Township of Upper as Lessor and the Township Clerk is further authorized, directed and empowered to affix the Township seal to said Lease.
SECTION 6: REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.
SECTION 7: 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 14th DAY OF APRIL, 2003 AND WAS TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 12TH DAY OF MAY, 2003 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
10. Municipal Engineer-Acceptance of the Marmora Sidewalk Improvements Project, Phase II. The Engineer made a final inspection of the project and found all work has been completed in conformance with the plans and specifications. He asks that developer submit documentation that specified areas were reseeded and that a one-year maintenance bond in the amount of $33,678.86 be submitted to the Township.
UNFINISHED BUSINESS:
11. Policy for copying GIS data. The Engineer asked that the Committee discuss this matter. Implementing the Geographical Information System was costly to the Township and he asked that the Committee consider a policy for charging for this service. He has received two requests for the information on this system. The Attorney stated that N.J. Statute requires us to make this information available at reasonable charges. The statue also allows us to charge for time required to research and on providing it on the medium asked for, etc. It was discussed that an ordinance also must be adopted
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.”
The bills were approved motion by David Bucciarelli, second by Andrew McCrosson with all five Committeemen voting in favor.
Bills submitted for payment: $1,038,234.54
Payroll: $ 115,926.62
PUBLIC COMMENT
Patricia Tustin, from Seaville, discussed Tri-County Animal Control. She spoke about an incident that occurred in 2001 in that she complained about a neighbor’s dog running loose and that she received a 7-Day Warning in 2001 because she had no licenses for her dogs. She also complained about how the phone at the Shelter was answered on a Saturday.
John Hill, Tri-County Animal Shelter, voiced his objections to the newspaper stories about his work as the Animal Control Officer.
Ingrid McCardle, stated that the new Animal Shelter Policy & Procedure Manual recommended that contacts be developed with other shelters and animal help groups to adopt out more animals. She stated that the Shelter has had these kinds of contacts in place for several years. She has worked at the shelter as a volunteer since 1995 and stated the Hills are very caring and concerned for the welfare of animals; and that the Hills have rescued and and found homes for many animals.
Linda Gentille complimented the Animal Ad Hoc Committee. She discussed the newspapers and that she had no control over what they printed. She started to discuss her court case. The Mayor stated it was inappropriate to discuss an ongoing court case.
Joanne Hill, Animal Control, stated that the Shelter phone is not answered on Saturdays, only emergency calls are taken on the weekends. She also commented on the Policy & Procedure Manual.
Nancy Beal, wanted to discuss her recent court case in another municipality. The Mayor stated the Committee is well aware of it.
Police Sergeant Steven Cozey Introduced himself. He has recently been assigned to Woodbine Barracks and is the Assistant Station Commander. He will try to attend the Committee meetings.
Libby Schuck, asked who she would contact for building permits. She was directed to the Building Inspector’s Office. She also asked if Upper Township would ever consider its own police force.
CLOSED SESSION
ADJOURNMENT
There being no further business this evening the meeting was adjourned at 10:40 P.M. Next meeting scheduled for Tuesday, May 27, 2003 at 4:00 P.M.
Minutes prepared by
Wanda Gaglione, RMC
Municipal Clerk
| Bill List-5/12/2003 | ||||
| 033753 | 5/12/03 | S0202 | SUTAVEE PRAMOCH "OH" | 362.50 |
| 033755 | 5/12/03 | A0004 | A+ COMMERCIAL OFFICE CLEANERS | 175.00 |
| 033756 | 5/12/03 | A0006 | ADVANCE TREADS INC | 629.98 |
| 033757 | 5/12/03 | A0021 | ADAMS, GEORGE E. JR. | 187.97 |
| 033758 | 5/12/03 | |||