TOWNSHIP OF UPPER
CAPE MAY COUNTY
MINUTES FOR 2003 REORGANIZATION MEETING
JANUARY 3, 2003
The 2003 Annual Reorganization Meeting of the Upper Township Committee was called to order at 6:00 P.M. on January 3, 2003.
David Bucciarelli Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Chief Financial Officer, Patricia Dopko
Municipal Clerk, Wanda Gaglione
Presenting of the Colors and Salute to the Flag
Boy Scouts, Collin Kenney, John Newman, Jr., Andrew Freedman, and Joseph & Andrew Murz, all from Marmora Boy Scout Troop #79 presented the Colors and led the Pledge of Allegiance.
The Elementary School Choir, under the direction of Susan Kosturko; and the Middle School Band, under the direction of Stephen Sciscim, presented patriotic music for the occasion. The Choir consists of a dozen or more 4th grade girls, and the Band is from the Middle School.
Invocation – Reverend, George J. Lynch, Jr.
Oath of Office--Committeeman Elect, Andrew J. McCrosson, Jr.
Richard Palombo was nominated for Mayor for 2003, moved by Curtis Corson, second by Andrew McCrosson with all five Committeemen voting in favor.
Resolutions:
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 1-2003
RE: APPOINTMENT OF DEPUTY MAYOR.
________________________________________________________________________
WHEREAS, it is deemed advisable to appoint a member of the Township Committee to the position of Deputy Mayor of the Township of Upper in the County of Cape May and 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. Committeeman Curtis T. Corson is hereby designated and appointed as Deputy Mayor of the
Township of Upper, in the County of Cape May and State of New Jersey, effective immediately, to serve
until the next annual meeting of the Township Committee and until his successor is duly appointed and
qualified.
Resolution No.1-2003
Offered by: Bucciarelli, Seconded by: Newman
Adopted: January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _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. 002-2003
RE: ESTABLISHMENT OF DEPARTMENTS
______________________________________________________________________
WHEREAS, it is deemed necessary to establish Departments within the Township government to provide for the orderly and efficient transaction of Township business and to promote public service.
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 Departments are hereby established within the Township of Upper, effective immediately and to remain in effect until the next Reorganization Meeting of the Township Committee, unless sooner modified or terminated and the member of the Township Committee assigned to oversee the operation of such Department is as follows:
Committeeman Bucciarelli: Recreation Department
Committeeman Corson: Department of Public Works
Committeeman Newman: Fire and Rescue, Animal Shelter, and Public Safety
Committeeman McCrosson: Revenue and Finance
1. Committeeman Palombo: Personnel,Municipal Courts,Emergency Management,Lifeguards, and Public Buildings and Grounds
Resolution No.002-2003
Offered by: Bucciarelli, Seconded by: Corson
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x____ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RE: APPOINTMENT OF MUNICIPAL AUDITOR; TOWNSHIP
ENGINEER; TOWNSHIP SOLICITOR; MUNICIPAL
PROSECUTOR AND MUNICIPAL PUBLIC DEFENDER.
_______________________________________________________________________
WHEREAS, the Township of Upper is required, in accordance with the provisions of N.J.S. 40A:5-4, to cause an annual audit of the books, accounts and financial transactions of the Township of Upper and in order to do so, it is necessary to retain a Registered Municipal Accountant; and
WHEREAS, N.J.S. 40A:9-140 requires the appointment of a Municipal Engineer and the Township of Upper recognizes the need for professional engineering services and advise to ensure the orderly, efficient and proper conduct of the affairs of the said Township; and
WHEREAS, N.J.S. 40A:9-139 requires the appointment of a Municipal Attorney and the Township of Upper recognizes the need for professional legal services and advice to ensure the orderly, efficient and proper conduct of the affairs of the said Township; and
WHEREAS, there also exists a need for the appointment of an Attorney At Law of the State of New Jersey to act in the capacity of Municipal Prosecutor; and
WHEREAS, there also exists a need for the appointment of an Attorney At Law of the State of New Jersey to serve in the capacity of Municipal Public Defender; and
WHEREAS, the services to be performed by the Auditor, Engineer, Township Solicitor, Municipal Prosecutor and Municipal Public Defender are declared to be professional services performed by persons authorized by law to practice recognized professions, which professions are regulated by law within the meaning of the Local Public Contracts Law (N.J.S. 40A:11-1, et seq.) and, hence, are exempt from competitive bidding; and
WHEREAS, funds are available for the purposes set forth above.
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. Leon Costello, C.P.A., R.M.A., is hereby appointed as Registered Municipal Accountant for the Township of Upper for a term of one (1) year, commencing January 3, 2003, and until his successor is duly appointed and qualified.
3. Paul Dietrich, P.E., is appointed as Township Engineer for the Township of Upper for a term of one (1) year, commencing January 3, 2003, and until his successor is duly appointed and qualified.
4. James A. Waldron, Esquire is hereby appointed as Township Solicitor for the Township of Upper for a term of one (1) year commencing January 3, 2003, and until his successor is duly appointed and qualified.
5. Dean R. Marcolongo, Esquire is hereby appointed as Municipal Prosecutor for the Township of Upper for a term of one (1) year, commencing January 3, 2003, and until his successor is duly appointed and qualified.
6. William E. Brewer, Esquire is hereby appointed as Municipal Public Defender for the Township of Upper for a term of one (1) year, commencing January 3, 2003, and until his successor is duly appointed and qualified.
7. Compensation for the Auditor, Engineer, Solicitor, Prosecutor and Public Defender shall be on the basis of Professional Contracts to be negotiated with such individuals and payment shall be made by the Township of Upper for such professional services based upon vouchers to be submitted and approved by the Township Committee, unless the Annual Salary Ordinance shall make provision for the payment of compensation for any such professionals, in which event the amount specified in the Annual Salary Ordinance shall be controlling.
8. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, professional Contracts with the Auditor, Engineer, solicitor, Prosecutor and Public Defender in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed in Paragraph 7 hereof.
9. A Copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
Resolution No.003-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted:January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x____ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 4-2003
RE: APPOINTING OFFICIAL TO CERTIFY
MUNICIPAL IMPROVEMENT SEARCHES.
__________________________________________________________________
WHEREAS, it is necessary to have an authorized official of the Township of Upper, in the County of Cape May and State of New Jersey, to execute, on behalf of the Township of Upper, certificates for municipal improvements; and
WHEREAS, the Township Committee of the Township of Upper desires to make such an appointment.
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. WANDA GAGLIONE, the Township Clerk of the Township of Upper, is hereby designated as the official of the Township of Upper authorized to execute certificates as to liability for municipal improvements for the year 2003.
3. This Resolution shall become effective immediately upon its adoption.
Resolution No.004-2003
Offered by: Bucciarelli, Seconded by: Corson
Adopted: January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
McCrosson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x____ _____ _____ _____
5. Designation of Banking Institutions as Official Depositories.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 005-2003
RE: DESIGNATION OF BANKING INSTITUTIONS
AS OFFICIAL DEPOSITORIES.
__________________________________________________________________
WHEREAS, it is necessary that the Township Committee of the Township of Upper, in the County of Cape and State of New Jersey, designate certain banking institutions as official depositories for Township funds.
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 Commerce Bank, New Jersey is hereby designated as the principal depository of the Township of Upper.
3. The following banking institutions are hereby designated as secondary depositories of the Township of Upper:
(A) Sun National Bank;
(B) First Union National Bank, S.J.;
(C) Ocean City Home Bank;
(D) PNC Bank, New Jersey;
(E) Cape Savings and Loan;
(F) First Bank of Sea Isle City;
(G) Municipal Investors Corp.;
(H) N.J. Cash Management Plan and
(I) Crown Bank of Ocean City
(J) Fleet Bank, N.A. *added by Res. 141-5-2002
4. The Mayor, the Township Clerk and the Township Chief Financial Officer, as well as such other officials as may be designated by law, are hereby authorized, directed and empowered to execute any Resolutions of any of the aforesaid banking institutions which may be reasonably required in order to carry out the intent and purpose of this Resolution.
5. This Resolution shall become effective immediately upon adoption.
Resolution No. 005-2003
Offered by: McCrosson, Seconded by: Newman
Adopted: January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __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. 006-2003
RE: DESIGNATION OF OFFICIAL NEWSPAPERS
__________________________________________________________________
WHEREAS, it is necessary to designate one (1) or more newspapers as an official newspaper of the Township of Upper.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following newspapers are hereby designated as the official newspapers of the Township of Upper:
The Press and Sunday Press
and/or
Ocean City Sentinel Ledger
Cape May County Gazette
Resolution No.006-2003
Offered by: Bucciarelli, Seconded by: Corson
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. 007-2003
RE: APPOINTMENTS TO THE RECREATION COMMITTEE.
________________________________________________________________
WHEREAS, a need exists in the Township of Upper to appoint suitable persons to the Recreation Committee of the Township of Upper.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following persons be and they are hereby appointed to the Recreation Committee of the Township of Upper for a one (1) year term, commencing January 3, 2003 and expiring on December 31, 2003, provided, however, that such member shall continue to serve until his/her successor is duly appointed and qualified:
David Beyel
Greg Heininger
Diane Karrash
Richard Krattenmaker
Eric Ortolf
Shelly Costa – Secretary
3. The forgoing appointees shall constitute the sole members of the Recreation Committee for 2003, subject to the provision of Paragraph 4 hereof.
4. The Township Committee expressly reserves the right to supplement this Resolution by
the appointment of an additional member or members to the Recreation Committee.
Resolution No.7-2003
Offered by: Corson, Seconded by: Bucciarelli
Adopted: January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __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. 008-2003
AND PENALTY FOR LATE PAYMENT.
______________________________________________________________________
WHEREAS, N.J.S. 54:4-66, which mandates the date on which real estate taxes shall be paid to the municipality, has been amended by P.L. 1991, c.410, s.4; and
WHEREAS, N.J.S. 54:4-67, which mandates the rate of interest to be charged on the payment of all real estate taxes which are delinquent, has also been amended by P.L. 1991, c. 75, s.39; and
WHEREAS, said amendments were amended by P.L. 1994, c.32, which was approved May 12, 1994; 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. In accordance with N.J.S. 54:4-66, all real estate taxes shall be payable quarterly in accordance with the following schedule:
First Installment - February 1
Second Installment - May 1
Third Installment - August 1
Fourth Installment - November 1
3. In the event that the real estate taxes are not paid in accordance with the foregoing quarterly payment schedule, said taxes shall become delinquent and remain delinquent until such time as all unpaid taxes, including taxes and other liens subsequently due and unpaid, together with interest, have been fully paid and satisfied.
4. In accordance with N.J.S. 54:4-67, if taxes are not paid when due, and are delinquent, then, in addition to the taxes due and payable an additional sum equal to eight (8%) percent per annum on the first $1,500.00 of delinquency and eighteen (18%) percent per annum on any amount in excess of $1,500.00, to be calculated from the date the tax was payable until the date that actual payment to the lien holder will be next authorized
5. No interest shall be charged pursuant to Paragraph 4 of this Resolution if payment of any installment is made within the tenth (10th) calendar day following the date upon which the same became payable.
6. In addition to the interest penalty imposed pursuant to Section 4 of this Resolution, a further penalty shall be charged to a taxpayer with a delinquency in excess of $10,000.00 who fails to pay that delinquency prior to the end of the fiscal year. The fiscal year for the Township of Upper shall be the calendar year. The penalty so fixed shall equal six (6%) percent of the amount of the delinquency.
7. If delinquent taxes in excess of $10,000.00 are fully paid and satisfied by the holder of any outstanding Tax Sale Certificate, the holder shall be entitled to receive the amount of the penalty, that is, six (6%) percent of the amount of the delinquency, as part of the amount required to redeem such Certificate of Sale.
8 A copy of this Resolution shall be prominently posted in the office of the Tax Collector of the Township of Upper and shall also be prominently posted upon the bulletin board in the Township Hall.
9. This Resolution shall take effect immediately.
Resolution No.008-2003
Offered by: Palombo, Seconded by: McCrosson
Adopted: January 3, 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. 9-2003
RE: SCHEDULE OF TOWNSHIP COMMITTEE
MEETINGS FOR 2003.
__________________________________________________________________
WHEREAS, N.J.S.A. 10:4-18 requires that every public body give notice concerning the schedule of regular meetings to be held during the succeeding year, which schedule shall contain the location of each meeting, to the extent that it is known, and the time and date of each meeting.
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 hereby by this reference.
2. Regular meetings of the Township Committee shall be held on the second (2nd) and fourth (4th) Mondays of each month, unless otherwise indicated, in accordance with the following schedule:
2003 SCHEDULE - REGULAR MEETINGS
Work Regular
Session Meeting
January 13 Regular Meeting 6:30 p.m. 7:30 p.m.
January 27 Regular Meeting 3:00 p.m. 4:00 p.m.
February 10 Regular Meeting 6:30 p.m. 7:30 p.m.
February 24 Regular Meeting 3:00 p.m. 4:00 p.m.
March 10 Regular Meeting 6:30 p.m. 7:30 p.m.
March 24 Regular Meeting 3:00 p.m. 4:00 p.m.
April 14 Regular Meeting 6:30 p.m. 7:30 p.m.
April 28 Regular Meeting 3:00 p.m. 4:00 p.m.
May 12 Regular Meeting 6:30 p.m. 7:30 p.m.
May 27 Regular Meeting 3:00 p.m. 4:00 p.m.
(Tuesday)
June 9 Regular Meeting 6:30 p.m. 7:30 p.m.
June 23 Regular Meeting 3:00 p.m. 4:00 p.m.
July 14 Regular Meeting 6:30 p.m. 7:30 p.m.
July 28 Regular Meeting 3:00 p.m. 4:00 p.m.
August 11 Regular Meeting 6:30 p.m. 7:30 p.m.
August 25 Regular Meeting 3:00 p.m. 4:00 p.m.
September 8 Regular Meeting 6:30 p.m. 7:30 p.m.
September 22 Regular Meeting 3:00 p.m. 4:00 p.m.
October 14 Regular Meeting 6:30 p.m. 7:30 p.m.
(Tuesday)
October 27 Regular Meeting 3:00 p.m. 4:00 p.m.
November 10 Regular Meeting 6:30 p.m. 7:30 p.m.
November 24 Regular Meeting 3:00 p.m. 4:00 p.m.
December 8 Regular Meeting 6:30 p.m. 7:30 p.m.
December 22 Regular Meeting 3:00 p.m. 4:00 p.m.
3. Unless otherwise indicated, all regular meetings of the Township Committee will be held on the dates indicated, at the Township Hall, Tuckahoe, New Jersey. A work session shall generally precede every regular meeting of the Township Committee. The work session will be open to the public unless the matter under discussion involves one or more matters set forth in N.J.S.A. 10:4-12(b). In the event that any such matter is discussed, the public will be excluded from that portion of the meeting pursuant to Resolution which shall be adopted in accordance with N.J.S. 10:4-13. The evening meetings will recess from 9:00 p.m. to 9:15 p.m. and will then continue until 10:30 p.m., at which time the public portion of the meeting will be adjourned and the Township Committee will further consider matters set forth in N.J.S.A. 10:4-12(b) and the public shall be excluded from that portion of the meeting. At the conclusion of such closed session, the meeting shall be reopened to the public. All evening meetings of the Township Committee, whether closed or open, will end at 11:00 p.m.
4. In the event of a necessity for holding a meeting of the Township Committee, in addition to the meeting schedule set forth in Paragraph 2 of this Resolution, the Township Clerk shall give written advance notice of at least forty eight (48) hours giving the date, time, location and, to the extent known, the agenda, of any regular, special or rescheduled meeting, which notice shall state whether formal action may or may not be taken. Such notice shall be:
(A) Prominently posted on the bulletin board in the Township Hall; and
(B) Mailed, telephoned, telegrammed or hand delivered to the newspapers hereinafter set forth in this Resolution; and
(C) Filed in the Township Clerk's office.
5. The Township Clerk shall post either a copy of this Resolution or a copy
of the scheduled meetings for 2003 on the bulletin board in the Township Hall and, in addition,
shall mail a copy of this Resolution to the following newspapers:
The Press and Sunday Press
1 South Main Street
Cape May Court House, N.J. 08210
The Gazette-Leader
1212 Atlantic Avenue
North Wildwood, N.J. 08260
The Ocean City Sentinel Ledger
112 East 8th Avenue
Ocean City, N.J. 08226
6. Any person requesting to be mailed copies of any regular meeting schedule or revision thereof and any advance written notice of such meetings as permitted by N.J.S.A. 10:4-19, shall pay a fee to the Township Clerk as follows:
Schedule of Fees
For copy of schedule of regular
meetings and revisions thereto: $10.00
For advance written notice of a
particular meeting designated in
the request: $10.00
For advanced written notice of all
regular, special or rescheduled
meetings during the calendar year: $25.00
All notices set to any person requesting same in accordance with N.J.S.A. 10:4-19
shall terminate December 31, 2003.
Resolution No. 009-2003
Offered by: Corson, Seconded by: Bucciarelli
Adopted: January 3, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x____ _____ _____ _____
Corson _x____ _____ _____ _____
McCrosson _x____ _____ _____ _____
Newman _x____ _____ _____ _____
Palombo _x____ _____ _____ _____