TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR JANUARY 27, 2003

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.

BUDGET WORKSHOP MEETING AT 6:00 P.M. OR IMMEDIATELY AFTER REGULAR MEETING.

CALL TO ORDER

SUNSHINE ANNOUNCEMENT

SALUTE TO THE FLAG

ROLL CALL

David  Bucciarelli          Present

            Curtis Corson               Present

Andrew McCrosson     Present

            John “Jay” Newman     Present

Richard Palombo          Present

APPROVAL OF MINUTES  - January 3, 2003 Reorganization and

January 13, 2003 Regular Meeting Minutes and

                                                             Closed Session Minutes

REPORT OF GOVERNING BODY MEMBERS

David Bucciarelli, reported on a recent Recreation meeting discussion, in that dust on the gymnasium floor was causing players to slip.  The Recreation Committee was discussing purchasing a mini “zamboni” that could quickly clean the floor when needed, or the use of sticky pads that players step onto preventing their shoe soles from slipping on the floor. 

He also announced that the Clean Communities Grant has been reinstated by the State.

Andrew McCrosson, reported on a Pinelands meeting he attended last week with the Mayor and Paul Dietrich.  The Township received an extension to the early part of April for our zoning application, and it is progressing satisfactorily.

Curtis Corson, stated that the loose leaf collection program is complete.  The Dept. of Public Works will now be picking up bagged leaves. Twigs and branches piled to the curb will also be collected.  Christmas trees are to be put out with the regular trash; they again will be used to protect the dunes.   

Jay Newman, reported on the increase of house fires due to wood stoves. He cautioned wood stove users to be sure equipment is working properly and to be extra careful during this very cold weather.

Richard Palombo, Mayor, moved to appoint John Deuter as Director of Emergency Management, second by David Bucciarelli with all five Committeemen voting in favor.

He reported a 97%+ tax collection rate for 2002.  He also read Resolution No. 023-2003, acknowledging January as School Board Recognition Month.  It was presented to Dr. Donatucci, Charles Muller and members of the Upper Township School Board.

OTHER REPORTS

Wanda Gaglione, Municipal Clerk, announced that the Township Free Rabies Inoculation Clinics will be held on February 22 and March 15, 2003 both from 1:00 P.M. to 3:00 P.M. The clinics will be held at the Municipal Garage in Tuckahoe.  Dog licenses may also be purchased at the clinics but must be purchased prior to March 1^st to avoid a late fee.

PRESENTATIONS

Meeting with Ocean City School Board Representatives to discuss 2003 budget

Representatives from Ocean City School Board were Superintendent, Dr. Donald E. Dearborn, Business Adm. and Secretary, Doris Isaacs, and School Board President, Gregory Johnson. From Upper Township School Board were Superintendent, Fred Donatucci, Business Adm. Charles Muller, Board President, Frances Newman, and members of the Upper Township Board. Dr. Dearborn stated that the 2003 budget is still evolving as state aid figures for this year have not been received as yet. He distributed a report to the Committee which outlined the information he discussed this evening.  Construction of the new high school is on schedule with an opening date targeted for September, 2004. It will include a high-quality technology program for students including television production courses.  He spoke about Core Curriculum Content Standards, mandated by the State as the basis of curriculum and that a very comprehensive high school is offered at Ocean City. Other graduation requirements as to the necessary number of credits and a passing grade on the HSPA test were discussed.  He talked about the retirement of several teachers at the $80,000 salary range that will be replaced with new teachers at the $37,000 salary range.  He talked about allowable costs and athletic programs; about tuition costs and interest due on debt service for the new school.  The tuition is calculated on student count for 2003-2004 school year.  Mr. Muller stated that last year we sent 792 students, this year we will send 820 students.  This number, as well as costs per student are expected to increase for the next couple of years.  When asked by the Mayor, Dr. Dearborn said he could not make an estimate of costs per student or did not have the figure of monthly operating costs.  Dr. Dearborn praised the working relationship in place between Upper Township and Ocean City School Boards, and complemented our representatives to their Board.  The Ocean City School Board will be invited here in the future to keep our citizens well informed.     

RESOLUTIONS

1.       Authorizing the sale of Township owned lands, to wit:  Block 348, Lots 90 & 91; and Block 31, Lot 73.   

             Tax Assessment for Lots 90 & 91 was not listed on the resolution so this matter will be rescheduled for the next meeting.

2.  Congratulating Leslie Roy Sorenson on his retirement from Township of Upper.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 26-2003

HONORING

LESLIE “ROY” SORENSON

     WHEREAS, Roy Sorenson of the Township of Upper, will soon be retiring after more than thirty-one (31) years of public service to this community as a laborer and truck driver with the Upper Township Department of Public Works; and

     WHEREAS, it is most appropriate that Roy’s tenure of public employment and his years of faithful and dedicated service to this Township be publicly recognized;

     NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

1.                       That Roy Sorenson be publicly congratulated on the occasion of his retirement from the Township of Upper.

2.                       That he be publicly thanked for his many years of dedicated public service to our community.

3.                       That this Committee, on behalf of all the citizens of the Township of Upper extend to Roy Sorenson, our fellow employee, our very best of wishes on his retirement and his future.

     GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 27^th day of January, 2003.                     

Resolution No. 26-2003

Offered by: Bucciarelli,  Seconded by: Corson

Adopted:  January 27, 2003

Roll Call Vote:

NAME           YES       NO          ABSTAINED   ABSENT

Bucciarelli    ___x____ ­­_______     _________   ______

Corson         ___x____ _______     ­­­­­_________   ______

McCrosson      ___x____ _______     _________   ______

Newman         ___x____ _______     _________   ______

Palombo        ___x____ _______     _________   ______

3.       Appointing Jay Dilworth as Plumbing Sub-Code Official.

                       TOWNSHIP OF UPPER

                        CAPE MAY COUNTY

                      R E S O L U T I O N

                    RESOLUTION NO. 27-2003

                  RE: APPOINTING JAY DILWORTH

                 AS PLUMBING SUB-CODE OFFICIAL

______________________________________________________________

WHEREAS, there is a vacancy in the title of Plumbing Sub-Code Official and it has been determined that there is a need to have this title filled; and

WHEREAS, The Township Committee has determined that Jay Dilworth possesses all of the requisite qualifications for appointment to said position; 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.  Jay Dilworth is hereby appointed provisionally pending civil service certification as Plumbing Sub-Code Official of the Township of Upper effective immediately at an annual salary of $6,000 in accordance with the Salary Ordinance.

Resolution No. 27-2003

Offered by: McCrosson,  Seconded by: Palombo

Adopted: January 27, 2003

Roll Call Vote:

NAME           YES       NO          ABSTAINED   ABSENT

Bucciarelli    __x_____ ­­_______     _________   ______

Corson         __x_____ _______     ­­­­­_________   ______

McCrosson      __x_____ _______     _________   ______

Newman         __x_____ _______     _________   ______

Palombo        __x_____ _______     _________   ______

4.      Hiring Andrew Heisler to the Dept. of Public Works, Part-time.

 TOWNSHIP OF UPPER

                        CAPE MAY COUNTY

                      R E S O L U T I O N

                    RESOLUTION NO. 28-2003

RE:  APPOINTMENT OF ANDREW HEISLER

WHEREAS, a need exists to appoint qualified part-time personnel to the Upper Township Recreation Department to insure optimal operation; 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.  Andrew Heisler is hereby appointed to a part-time position assigned to the Recreation Department effective immediately at an hourly rate of $9.00 per hour for 2002 and $9.25 per hour for 2003 in accordance with the Salary Ordinance.

3.                                                          This Resolution ratifies, confirms and approves action taken by the Township Committee.

Resolution No. 28-2003

Offered by: Bucciarelli,  Seconded by: McCrosson

Adopted: January 27, 2003

Roll Call Vote:

NAME          YES           NO           ABSTAINED    ABSENT

Bucciarelli __x_______    __________   __________   __________

Corson      __x_______    __________   __________   ______­____

McCrosson   __x_______    __________   __________   __________

Newman      __x_______    __________   __________   __________

Palombo     __x_______    __________   __________   __________

5.        Contract Renewal—Preventative Maintenance Agreement with Computer House, Inc. of Absecon.    

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                   RESOLUTION NO. 029-1-2003

                         RE: AUTHORIZING A RENEWAL OF A CONTRACT WITH

                         COMPUTER HOUSE TECHNOLOGY CENTER, INC. FOR A

                           PREVENTATIVE MAINTENANCE AGREEMENT FOR A

                                                          ONE (1) YEAR TERM.

______________________________________________________________________

WHEREAS, the Township has previously entered into an Agreement with Computer House Technology Center, Inc. (AComputer House@) for a Preventative Maintenance Service Agreement, which Agreement is scheduled to expire February 28, 2003; and

WHEREAS, the Township desires to renew that Agreement and enter a new Preventative Maintenance Service Agreement for a term of one (1) year, for a prepaid amount of One Thousand One Hundred Forty ($1,140.00) Dollars; and

WHEREAS, the services heretofore provided by Computer House are satisfactory and it is deemed to be in the best interests of the Township to enter into a renewal of a Preventative Mainte­nance Service Agreement;

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 to execute, on behalf of the Township of Upper, a one (1) year Preventative Maintenance Service Agreement with Computer House Technology Center, Inc., 740 South Sixth Avenue, Galloway, New Jersey 08205, for a one (1) year term commencing on March 1, 2003 and expiring February 28, 2004, at a prepaid cost of One Thousand One Hundred Forty ($1,140.00) Dollars.

3.  All appropriate Township officials and officers are authorized to take such action as may be necessary to carry out the intent and purpose of this Resolution.

Resolution No. 029-1-2003

Offered by: McCrosson,  Seconded by: Newman

Adopted: January 27, 2003

Roll Call Vote:

NAME                 YES           NO           ABSTAINED    ABSENT

Bucciarelli         ____x______    __________   __________   ______­____

Corson             ____x______    __________   __________   __________

McCrosson      ____x______    __________   __________   __________

Newman          ____x______    __________   __________   __________

Palombo           ____x______    __________   __________   __________

6.       Opposition to Conectiv proposal for additional power lines along Roosevelt

Blvd. 

There was discussion that Conectiv was devising some alternative plans so Resolution was tabled.

7.       Reaffirming the review and final approval of the application and purchase of development easement on the Cedar Villas, Inc., Farm, Block 12, Lot 8 and approving application to the State Farmland Preservation Program.            

                    TOWNSHIP OF UPPER

                     CAPE MAY COUNTY

                   R E S O L U T I O N

                 RESOLUTION NO. 030-2003

WHEREAS, the Cape May County Agriculture Development Board has granted final approval for the purchase of a Development Easement on property owned by Cedar Villas, Inc. at a certified value of $12,287.77 per acre, designated as 27.80 acres, Block 12, Lot 8, also known as Route 49, 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; and

NOW THEREFORE BE IT RESOLVED, the Upper Township Committee 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, 27.80 acres, Block 12, Lot 8, also known as 467 Route 49, Township of Upper, Cape May County, New Jersey;

BE IT FURTHER RESOLVED, the Upper Township Committee approves Cape May County’s application to the State Agriculture Development Committee.

Resolution No. 30-2003

Offered by: Corson, Seconded by: McCrosson

Adopted:  January 27, 2003

Roll Call Vote:

NAME           YES       NO          ABSTAINED   ABSENT

Bucciarelli    __x_____ ­­_______     _________   ______

Corson         __x_____ _______     ­­­­­_________   ______

McCrosson      __x_____ _______     _________   ______

Newman         __x_____ _______     _________   ______

Palombo        __x_____ _______     _________   ______

8.  John M. and Carolyn S. Tomlin, Block 348, Lot 96, extending the time for said   owners to repair or demolish the main structure on said property for an additional period of time as specified in resolution. 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                   RESOLUTION NO. 031-1-2003

                                 RE: IN THE MATTER OF JOHN M. TOMLIN AND

                                        CAROLYN S. TOMLIN, THE OWNERS OF

                                    BLOCK 348, LOT 96, OTHERWISE KNOWN AS

                       2001 TUCKAHOE ROAD, PETERSBURG, UPPER TOWNSHIP,

                       NEW JERSEY, EXTENDING THE TIME FOR SAID OWNERS

                     TO REPAIR OR DEMOLISH THE MAIN STRUCTURE ON SAID

                         PROPERTY UNTIL FEBRUARY 24, 2003 AND MODIFYING

                            RESOLUTION NO. 233-9-2002 IN CERTAIN RESPECTS.

_________________________________________________________________________

WHEREAS, the Township Committee conducted a hearing on September 9, 2002 and thereafter on September 23, 2002 adopted Resolution No. 233-9-2002, which memorialized the decision made at the September 9, 2002 meeting; and

WHEREAS, Resolution No. 233-9-2002 (the AResolution@) directed the property owners, John M. Tomlin and Carolyn S. Tomlin (the ATomlins@) to repair or demolish the main structure on Block 348, Lot 96 (the AProperty@) within sixty (60) days of September 9, 2002 and directed certain additional relief; and

WHEREAS, the Township Committee has monitored the progress to date and it is clear that the Tomlins are proceeding to repair and/or demolish the structure on the Property and are otherwise engaged in a general clean-up of the surrounding areas and from the progress made to date, the Township Committee is satisfied that it is reasonable and warranted to grant to the Tomlins a further reasonable extension of time within which to complete the repair and/or demolition of the structure;

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.  Resolution No. 233-9-2002 is hereby modified as follows:

(A)  Paragraph 6.1 is modified to provide that the Tomlins shall have from September 9, 2002 until February 24, 2003, for the repair or demolition of the structure and all other provisions, terms and conditions of Paragraph 6.1 remain unchanged and in full force and effect.

(B)  Paragraph (17) (sic) is hereby modified to provide that the Municipal Engineer shall solicit bids on or about March 3, 2003, with a view to receiving bids on or about March 20, 2003 so that a recommendation can be submitted to the Township Committee and a demolition bid awarded on or about March 24, 2003.

3.  Except as herein modified, all other provisions, findings, conclusions, directives and orders contained in Resolu­tion No. 233-9-2002 remain in full force and effect.

4.  This Resolution ratifies and confirms action taken by the Township Committee at the meeting of January 13, 2003.

Resolution No. 031-1-2003

Offered by: Corson,  Seconded by: Bucciarelli

Adopted: January 27, 2003

Roll Call Vote:

NAME                 YES           NO           ABSTAINED    ABSENT

Bucciarelli         _____x_____    __________   __________   ______­____

Corson             _____x_____    __________   __________   __________

McCrosson     _____x_____    __________   __________   __________

Newman          _____x_____    __________   __________   __________

Palombo           _____x_____    __________   __________   __________

Distribution:

-Paul E. Dietrich, Sr., P.E., Township Engineer

-Edward Kenney, Construction Official

-Anthony Lauriello, Zoning Official and Code Enforcement Official

-Leonard W. Guthrie, Cape May County Health Department

-John M. and Carolyn S. Tomlin

9.  Honoring Charles Webb for 38 years in Scouting.

                    TOWNSHIP OF UPPER

                     CAPE MAY COUNTY

                   R E S O L U T I O N

                  RESOLUTION NO. 32-2003

RE: HONORING SCOUTMASTER CHARLES WEBB

OF TROOP 79 IN MARMORA FOR RECEIVING A

LIFETIME ACHIEVEMENT AWARD FROM THE BOY SCOUTS OF AMERICA

SOUTHERN NEW JERSEY COUNCIL BAYSEA DISTRICT

___________________________________________________________

WHEREAS, Charles Webb, a resident of Upper Township, will receive the a Lifetime Achievement Award for his distinguished service to scouting at the Boy Scouts of America, Baysea District Annual Awards Dinner on February 12, 2003; and

WHEREAS, he attained the designation of Eagle Scout as a member of Troop 79 in Marmora; and

WHEREAS, he has been Scoutmaster of Troop 79 for the past 38 years, the longest period of service as Scoutmaster in Baysea history; and 

WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

RESOLVED THAT this Township Committee extends its sincere congratulations to Charles Webb on the occasion of his receiving the Lifetime Achievement Award and commends him for this outstanding accomplishment; and it is

FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to his family and friends on this happy occasion; and it is

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 27th day of January, 2003.       

Resolution No. 32-2003

Offered by: Corson, Seconded by: Bucciarelli

Adopted:  January 27, 2003

Roll Call Vote:

NAME                YES      NO             ABSTAINED   ABSENT

Bucciarelli    ___x____ ­­_________­­­­     _________ ________

Corson         ___x____ _________     ­­­­­­­­_________ ________

McCrosson      ___x____ _________     _________ ________

Newman         ___x____ _________     _________ ________

Palombo        ___x____ _________     _________ ________

ORDINANCES

CORRESPONDENCE

10.  Clayton Construction Corp., request to release performance bond for major subdivision, Block 453, Lot 333, Laurel Ridge Estates.    Engineer Paul Dietrich stated that he surveyed all the residents of the street and that all shade trees have been planted.  He recommended releasing the performance bond as a two-year maintenance bond in place will secure replanting the shade trees if necessary.  Moved by Curtis Corson, second by Jay Newman with four Committeemen voting in favor and Mr. Bucciarelli abstaining. Resolution will be scheduled for next meeting.

11.  Senate Bills recently introduced:  Senate No. 1956-Authorizes municipalities to charge increase in dog licensing fees to offset municipal costs of using county animal shelter.  Senate No. 1868-Permits municipalities to enact an ordinance requiring drivers arrested for DUI to be held in custody.

                     Bill No. 1868 may have already been passed. The Committee supports both bills, resolution will be scheduled for next meeting.

NEW BUSINESS

12.    Request from Paul Baldini, to place streetlight near his home at

                    78 Corson Tavern  Road.  Streetlight will be installed at corner of Clayton Drive and an unnamed street. The Township will install the street and bill it to the developer of the subdivision on that street. Light will be placed at Block 259 between Lots 17 & 18.  Moved by David Bucciarelli, second by Jay Newman with all five Committeemen voting in favor.     

13.  Water Sport Productions, Inc., permission to hold the 2003 International Sports     Boating Association Sanctioned Personal Water Craft Race, on Sunday May 4, 2003, at Beesley’s Point SeaDoo.   It was discussed that this organization has held an event for the last few years with very good results.  Insurance certificate is required and will be submitted closer to the event.  Motion by David Bucciarelli, second by Jay Newman to grant their request.  During roll call vote all five Committeemen voting affirmative.

14.   Change Order for 2002 Paving Project resulting in an increase of $5,331.20.

This change order will cover work to close out this project.  Motion to approve by Curtis Corson, second by Andrew McCrosson with all five Committeemen voting in favor.

UNFINISHED BUSINESS:

15.   State of New Jersey, Pinelands Commission, Pilot Program for Alternate Design Wastewater Treatment Systems.  This affects Pineland lots less than 3.2 acres.  Move to introduce this as an ordinance tonight with Public Hearing to be at the end of February to allow time for notifications, motion by Curtis Corson, second by David Bucciarelli with all five Committeemen voting in favor.       

DISCUSSION

16.  Brief discussion of the Animal Shelter and Animal Control Services based on request from Linda Gentille and Libby Schuck.      

It was discussed that Dr. Rubin is no longer practicing and that Dr. Logan is taking over for him.

Linda Gentille spoke first. Her speech included the following: that we should join the countywide animal shelter—she gave us a detailed report as to her reasons for this.  They include shelter and animal control should not be operated by the same person, more accountability, animals tested for worms and neutered prior to adoption, medical care, central place in county to find lost animals, petfinder website needs link to Township website, euthanasia procedures to be examined. 

Vicky Woodland from Corbin City stated her dog adopted from the Township shelter recently died from heartworm treatment.

Tracey Smedley, a medical technician from Dr. Logan’s office stated that she is familiar with this case and that Ms. Woodland was informed about the danger of this treatment and decided to proceed with it anyway.

She informed the Committee that Dr. Logan would be willing to set up a program for the Township whereby dogs at the shelter could be tested for worms. 

Sandy Simpson spoke about operating the animal shelter and that the volunteers are prohibited from talking to the press.

Libby Schuck also spoke about animal shelter conditions.  She possesses certification for an animal control officer.

David Bucciarelli stated that animal control services were satisfactory however may have become stretched because the needs of the Township have grown so much and that we also have interlocal service agreements to provide service to Woodbine and Dennis Township.

Other-Typically a county shelter has a 60% euthanasia rate, our shelter is 15%.    

Mayor Palombo stated he recognized the need to have our adoption policies amended to require all adopted animals neutered. The municipal website will have a link to the PetFinder site. No decision has been made to join the county shelter.  He was concerned that joining it would require our citizens to drive to Cape May Court House for services.   He directed the attorney to draft an ordinance for next meeting that would include the following:

1.      A contract for adoption

2.      Contract to include a $20.00 minimum adoption fee and a $50.00 neutering fee.

3.       Surrendered and stray pickups will be tested for worms.

4.      Code system implemented to monitor what happens to animal.   

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 following bills were approved for payment, motion by Curtis Corson, second by David Bucciarelli with all five Committeemen voting in favor.

Bills submitted for payment        $72,388.03

REPORT OF MUNICIPAL DEPARTMENTS:

17.   MUA Report

Report is in the Clerk’s Office for inspection.

PUBLIC COMMENT

CLOSED SESSION

18.   Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from                which the public shall be excluded.

RECONVENE PUBLIC PORTION OF MEETING

ADJOURNMENT

The regular portion of the meeting was adjourned and after a 15-minute recess the Budget Workshop was called to order.

BUDGET WORKSHOP

The Budget Workshop was held immediately after the regular meeting and the short recess. Worksheets that were discussed are inserted below.