TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR APRIL 14, 2003

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.

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 - March 24, 2003 Regular Meeting and

Closed Session Minutes

Motion to approve the Minutes made by Curtis Corson, second by Andrew McCrosson with all voting in favor.

PRESENTATION

  1. Resolution No. 42-2003 presented to Weblo Scout Jeremiah Bailey on attaining the Arrow of Light Award. Jeremiah Bailey was present along with his family and Scoutmaster.

  2. Presentation from William McDermott on the Annual Heart Walk on May 17, 2003, on the Ocean City Boardwalk. Mr. McDermott reported on the Annual Heart Walk explaining that many Township employees are involved and that the money is raised for research and patient care. Children that participate and raise at least $10.00 will receive a tee shirt. The walk starts at 9:00 a.m. on May 5th at the Civic Center in Ocean City.

  3. Resolution No. 065-2003, Congratulating the Upper Township Junior Varsity Cheerleading Association on becoming the American Cheer & Dance Academy: Reach the Beach National Champions and the Cheer Tech National Champions.
  4. Resolution No. 066-2003, Congratulating the Upper Township Varsity Cheerleading Association on becoming the Cheer Tech National Champions.

Over fifty girls and their families were present. The girls competed in Maryland on President’s Day weekend. Plaques were given to each cheerleader, pictures were taken of the teams along with their coaches and the trophies.

 

REPORT OF GOVERNING BODY MEMBERS

David Bucciarelli, reported that a tri-state basketball association requested use of the Community Center on 6/20 & 21/2003 for a basketball camp. About sixty girls from Upper Township are involved in this basketball camp. Moved by David Bucciarelli, second by Curtis Corson to grant request. All five Committeemen voted in favor during roll call vote.

Andrew McCrosson, reviewed the finance report and again stated the importance of maintaining our reserve; on March 31st our disbursements were $5.9 million and our receipts were $4.5 million.

Curtis Corson, on April 26, 2003, at 1:00 P.M. at the Township Hall, the restored antique luggage cart will be on display at the Township Hall. The cart was restored by the people from the Train Museum and will eventually be on display permanently at the Train Station.

Jay Newman, reported that progress was being made by the Animal Ad Hoc Committee. Two meetings have already been held and a third meeting scheduled. A Policy and Procedure Manual will be complete within the next couple of weeks.

On Sunday May 4, 2003 at 1:00 P.M., the Tuckahoe Fire Company will hold their 75th Anniversary and new fire truck housing celebration. Tuckahoe Fire Company is the oldest one in the Township.

He reported that within the next several months that emergency personnel will be holding exercise drills throughout the Township. He also reported that as required, safety procedures in our school system will be developed and implemented shortly.

Richard Palombo, Mayor, reported on the resignation of the Municipal Tax Assessor, Michael Jones. The Tax Assessor was a part time position, however he commented that perhaps within the next couple of years a full time Assessor should be considered.

He reported on the Conference of Mayors convention he attended recently. He signed up for a free service from a company that would advertise the Township and could possibly promote our commercial property.

He commented on the recent beach report that Strathmere was hit hard by the weather and high tides.

He received a request written by attorney, Julius Konschak and signed by all the mining operators in the Township. They suggest that instead of requiring the major mining review every two years, that it be extended to every five years. The Committee recommended sending the request to the Planning Board for their review and will discuss the matter again next month.

During the Budget discussions it was decided to budget for another vehicle. The Committee agreed on a 4-wheel drive vehicle. It will cost about $1500 more.

OTHER REPORTS

Daniel Young, Municipal Attorney, reported that the transition to Municipal Attorney is going well, and thanked employees for their cooperation.

Paul Dietrich, Municipal Engineer, reported on the Amanda’s Field project and a skate park at the site. He suggested that it could be handled as a community project like Fort Nuwi.

He reported that the Marmora Sidewalk Project is now complete. The Committee commented on a Thank-you letter received from a resident in that area.

Regarding the Rescue Squad building, the slab is in place, the sides and roof are next and he estimates one month to complete it.

The UTTV Station, Channel 2 is expected to be online the first full week of May. The Mayor thanked Barbara Spiegel from the Clerk’s Office for arranging and attending the meetings on this matter.

PROCLAMATION

5. Proclaiming National Day of Prayer in Upper Township.

TOWNSHIP OF UPPER

COUNTY OF CAPE MAY, NEW JERSEY

WHEREAS, civic prayers and national days of prayer have a long and revered history in our constitutional democracy, dating back to the First Continental Congress in 1775; and

WHEREAS, the Declaration of Independence, our first statement as Americans of national purpose and identity, made "the Laws of Nature and Nature’s God" the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

WHEREAS, the Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and

WHEREAS, in 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and

WHEREAS, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to pray for peace, to request healing for wounds endured; and to ask God to guide our leaders and bring wholeness to the United States and her citizens; and

WHEREAS, it is fitting and proper to give thanks to God by observing a day of prayer in the Township of Upper when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation;

NOW, THEREFORE BE IT PROCLAIMED that I, Richard Palombo, Mayor of the Township of Upper, do designate the first Thursday in May, 2003 as

"A DAY OF PRAYER IN UPPER TOWNSHIP"

and encourage the citizens of Upper Township to observe the day in ways appropriate to its importance and significance.

Proclaimed this 14th day of April, 2003

RICHARD PALOMBO, Mayor

RESOLUTIONS

  1. Congratulating the Resurrection Ragdolls Girls’ Basketball Team on becoming the Cape Atlantic League Junior High Girls’ American Division Regular Season Champions and the Cape Atlantic League Junior High Girls’ American Division Tournament Champions.

    TOWNSHIP OF UPPER

    CAPE MAY COUNTY

    R E S O L U T I O N

    RESOLUTION NO. 078-2003

    RE: A RESOLUTION CONGRATULATING

    THE RESURRECTION RAGDOLLS GIRLS’ BASKETBALL TEAM

    ON BECOMING THE CAPE ATLANTIC LEAGUE JUNIOR HIGH GIRLS’

    AMERICAN DIVISION REGULAR SEASON CHAMPIONS

    AND THE CAPE ATLANTIC LEAGUE JUNIOR HIGH GIRLS’

    AMERICAN DIVISION TOURNAMENT CHAMPIONS

    __________________________________________________________________________

    WHEREAS, the Resurrection Ragdolls Girls’ Basketball Team has had an outstanding basketball season; and

    WHEREAS, they recently participated in the Cape Atlantic League Junior High Girls’ American Division playoff basketball game and won the championship trophy; and

    WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate the players listed as follows:

    Danielle Brady Laura Morris Marilee Sobrinski

    Kelly Brady Michelle McKinley Courtney Sykes

    Kerri Fahy Alysia Remaley Erin Willet

    Shawnee Foglio

    WHEREAS, we also extend this recognition and thanks to the people that have generously given their personal time and service to coach this team, they being Jeff Sobrinski, Jim McKinley, Mike Morris and Joe Foglio;

    NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to extend to the Resurrection Ragdolls Girls’ Basketball Team congratulations on becoming the Cape Atlantic League Junior High Girls’ American Division Regular Season Champions and the Cape Atlantic League Junior High Girls’ American Division Tournament Champions, and to each coach heartfelt thanks and gratitude for the generous donation of their time and service to the young people of this community.

    GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 14th day of April, 2003.

    Resolution No. 078-2003

    Offered by: Corson, Seconded by: Bucciarelli

    Adopted: April 4, 2003

    Roll Call Vote:

    NAME YES NO ABSTAINED ABSENT

    Bucciarelli __x________ __________ __________ __________

    Corson __x________ __________ __________ __________

    McCrosson __x________ __________ __________ __________

    Newman __x________ __________ __________ __________

    Palombo __x________ __________ __________ __________

  2. Memorializing resolution in the matter of Richard and Denise Regensburg, the owners of 1542 Route US 9 South, Palermo, Upper Township, New Jersey, authorization of a temporary use permit allowing the occupancy of a temporary trailer on the subject premises during reconstruction and remodeling of an historic home.

    TOWNSHIP OF UPPER

    CAPE MAY COUNTY

    R E S O L U T I O N

    RESOLUTION NO. 079-2003

    RE: IN THE MATTER OF RICHARD AND DENISE REGENSBURG,

    THE OWNERS OF 1542 ROUTE US 9 SOUTH,

    PALERMO, UPPER TOWNSHIP, NEW JERSEY,

    AUTHORIZATION OF A TEMPORARY USE PERMIT

    ALLOWING THE OCCUPANCY OF A TEMPORARY TRAILER

    ON THE SUBJECT PREMISES DURING

    RECONSTRUCTION AND REMODELING OF AN HISTORIC HOME

    _________________________________________________________________________

    WHEREAS, the Township Committee is authorized to issue a temporary use permit upon the recommendation of the Upper Township Zoning Board of Adjustment to allow occupancy of a temporary trailer by a resident of the Township and his or her family for use as temporary living quarters on said property during reconstruction and remodeling of a residential dwelling unit of said family; and

    WHEREAS, Richard and Denise Regensburg of 1542 Route US 9 South, Palermo, Upper Township, New Jersey have applied to the Township Committee for a temporary use permit to permit a temporary trailer during the reconstruction and remodeling of their historic home at said property; and

    WHEREAS, the Upper Township Zoning Board of Adjustment has recommended that the Township Committee issue said temporary use permit for said trailer for a period of one (1) year and the Upper Township Zoning Board of Adjustment has determined that this temporary use shall not substantially impair the policies and purposes of the zoning ordinance and that the temporary use may be granted without substantial detriment to the public good; and

    WHEREAS, the Township Committee has reviewed this matter and concurs with the findings of the Upper Township Zoning Board of Adjustment;

    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. A temporary use permit shall be issued to Richard and Denise Regensburg to allow a temporary trailer to be occupied at 1542 Route US 9 South, Palermo, Upper Township, New Jersey for the purposes of living quarters for said persons and their family during the reconstruction and remodeling on that property of their home.

    3. Said temporary use permit shall be issued for a period of one (1) year or upon the issuance of a Certificate of Occupancy for the anticipated reconstruction and remodeling, whichever shall occur first.

    4. The said trailer and mobile home installation shall comply with all local, county, and state rules, regulations and statutes pertaining to health and sanitation, and the mobile home or trailer shall be removed from the premises immediately upon completion of the dwelling or upon expiration of the permit, whichever shall first occur.

    4. 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. 079-2003

    Offered by: McCrosson, Seconded by: Palombo

    Adopted: April 14 24, 2003

    Roll Call Vote:

    NAME YES NO ABSTAINED ABSENT

    Bucciarelli x

    Corson x

    McCrosson x

    Newman x

    Palombo x

  3. Authorizing the appointment of Barbara Weigand and National Associates/NIA Group as Risk Management Consultant to perform various professional services on behalf of the Township of Upper relative to the Atlantic County Municipal Joint Insurance Fund and Municipal Excess Liability Joint Insurance Fund for an amount not to exceed twelve thousand five hundred sixteen ($12,516.00) dollars. This item was deferred.

9. Authorizing the filing of a Recycling Tonnage Grant Application.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.081-2003

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 conditions 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 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.081-2003

Offered by: Bucciarelli, Seconded by: Palombo

Adopted: April 14, 2003

Roll Call Vote:

NAME YES NO ABSTAINED ABSENT

Bucciarelli _x___ ____ _________ _______

Corson _x___ ____ _________ _______

McCrosson _x___ ____ _________ _______

Newman _x___ ____ _________ _______

Palombo _x___ ____ _________ _______

 

  1. Acceptance of Performance Bond for Steven and Tracey DeCredico for subdivision known as DeCredico Major Subdivision on Block 567, Lot 14.

    TOWNSHIP OF UPPER

    CAPE MAY COUNTY

    R E S O L U T I O N

    RESOLUTION NO. 082-2003

    RE: ACCEPTING THE PERFORMANCE BOND OF

    STEVEN AND TRACEY DeCREDICO

    FOR THE SUBDIVISION KNOWN AS DeCREDICO MAJOR SUBDIVISION

    ON BLOCK 567, LOT 14

    OWNER AND/OR DEVELOPER: STEVEN AND TRACEY DeCREDICO

    SUBDIVISION: DeCREDICO MAJOR SUBDIVISION

    PROPERTY: BLOCK 567, LOT 14

    _____________________________________________________________________

    WHEREAS, Steven and Tracey DeCredico are the Owners and/or Developers of a major subdivision within the Township of Upper, described as follows: DeCredico Major Subdivision, Block 567, Lot 14; and

    WHEREAS, pursuant to N.J.S. 40:55D-53, the Developers are required to furnish a Performance Guarantee in favor of the Township for improvements which the Upper Township Planning Board may deem necessary or appropriate; and

    WHEREAS, as further required by N.J.S. 40:55D-53, the Municipal Engineer has prepared an itemized cost estimate of the improvements covered by the Performance Guarantee, which itemized cost estimate shall be appended to each Performance Guarantee posted by the Developers and a copy of which is annexed to this Resolution as Exhibit A; and

    WHEREAS, the Developers have presented to the Township a Performance Guarantee as follows:

    Subdivision Performance Bond

    Principal: Steven DeCredico and Tracey DeCredico

    2009 Cedar Lane

    Ocean View, New Jersey 08230

    Surety: Steven DeCredico and

    Tracey DeCredico

    Bond Amount: $19,721.10

    Bond Date: April 1, 2003

    Bond Amount, Cash: $19,721.10

    Inspection Fee, Cash: $400.00

     

    WHEREAS, the Municipal Engineer has prepared an itemized cost estimate of the improvements to be covered by the Performance Guarantee, a copy of which is annexed hereto as Exhibit A; and

    WHEREAS, the Municipal Attorney has reviewed the Performance Guarantee and has determined that the same complies with the New Jersey Statutes and Township Ordinances applicable thereto and has recommended acceptance of same by the Township Committee;

    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 cost estimate of the Municipal Engineer, which is attached hereto as Exhibit A, is hereby accepted and approved.

    3. The Surety Bond and Cash Bond Amount described in this Resolution are hereby accepted and approved.

    4. 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. 082-2003

    Offered by: Corson Seconded by: Newman

    Adopted: April 14, 2003

    Roll Call Vote:

    NAME YES NO ABSTAINED ABSENT

    Bucciarelli ___x_____ ________ ________ ________

    Corson ___x_____ ________ ________ ________

    McCrosson ___x_____ ________ ________ ________

    Newman ___x_____ ________ ________ ________

    Palombo ___x_____ ________ ________ ________

    Distribution:

    -Engineer

    -Construction Official

    -Planning Board

    -Developer

  2. In support of New Jersey Senate Bill S-2295, and New Jersey Assembly Bill A-3341, increasing the permissible percentage of Fair Share Housing obligation transferable through regional contribution agreements.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 083-2003

RE: IN SUPPORT OF NEW JERSEY SENATE BILL S-2295

AND NEW JERSEY ASSEMBLY BILL A-3341,

INCREASING THE PERMISSIBLE PERCENTAGE OF

FAIR SHARE HOUSING OBLIGATION TRANSFERRABLE

THROUGH REGIONAL CONTRIBUTION AGREEMENTS

___________________________________________________________________________

WHEREAS, there is pending before the New Jersey Assembly Bill A-3341 which increases the permissible percentage of fair share housing obligation transferrable through regional contribution agreements; and

WHEREAS, there is pending before the New Jersey Senate Bill S-2295 which increases the permissible percentage of fair share housing obligation transferrable through regional contribution agreements; and

WHEREAS, the Township Committee of the Township of Upper hereby wishes to acknowledge its support of the aforesaid A-3341 and S-2295, since regional contribution agreements under the Fair Housing Act provide for the rehabilitation of housing in willing receiving urban areas and municipalities and municipalities should be permitted to increase transfer obligations in this regard; 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 Township Committee hereby expresses its full support of New Jersey Assembly Bill A-3341 and New Jersey Senate Bill S-2295 increasing the permissible percentage of fair share housing obligation transferrable through regional contribution agreements.

3. A copy of this Resolution shall be forwarded to the Senate Presidents, Assembly Speaker, Minority leader of the Assembly and Majority Leader of the Assembly as well as the Senate and Assembly representatives of the Township of Upper.

Resolution No. 083-2003

Offered by: McCrosson, Seconded by: Bucciarelli

Adopted: April 14, 2003

Roll Call Vote:

NAME YES NO ABSTAINED ABSENT

Bucciarelli x

Corson x

McCrosson x

Newman x

Palombo x

12. Re: Annual Fourth of July Fireworks display.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 084-2003

RE: ANNUAL FOURTH OF JULY FIREWORKS DISPLAY

________________________________________________________________

WHEREAS, for many years, the Township of Upper has provided a fireworks display for the residents of Upper Township and others; and

WHEREAS, the Township wishes to continue to provide a display of fireworks in celebration of the 4th of July; and

WHEREAS, the State of New Jersey, Department of Community Affairs, requires that the Township provide a Resolution approving same; and

WHEREAS, the site for the fireworks display will be determined in conjunction with a State of New Jersey Fire Inspector; and

WHEREAS, FAA Clearance has been applied for; and

WHEREAS, a Certificate of Insurance will be provided by the Township’s Insurance Carrier for the amount specified by the State Department of Community Affairs; and

WHEREAS, a plot/site plan for site display, showing the distances from public and structures to fireworks discharge area has been provided by the Township Engineer.

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 in full herein by this reference.

2. Having met all requirements of the State of New Jersey, Department of Community Affairs, the Township Clerk is hereby directed and authorized to provide a certified copy of this Resolution, with all attachments, to the Department of Community Affairs for their review and issuance of a Fireworks Permit.

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, including but not limited to the entering into and execution of an Agreement to Furnish Fireworks Exhibition with Vineland Fireworks Company, Inc. for the sum of $4,600.00.

Resolution No. 084-2003

Offered by: Bucciarelli, Seconded by: Newman

Adopted: April 14, 2003

Roll Call Vote:

NAME YES NO ABSTAINED ABSENT

Bucciarelli x

Corson x

McCrosson x

Newman x ___

Palombo x

ORDINANCES

13. Second Reading and Final Adoption Ordinance No. 002-2003, An Ordinance amending Ordinance No. 012-2002 known as the Salary Ordinance for the calendar year 2003. There were no comments during the Public Comment section of the hearing. Moved by Andrew McCrosson, second by Jay Newman to adopt Ordinance with all five Committeemen voting affirmative.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

O R D I N A N C E

ORDINANCE NO. 002-2003

AN ORDINANCE AMENDING ORDINANCE NO. 012-2002 KNOWN AS THE SALARY ORDINANCE FOR THE CALENDAR YEAR 2003

______________________________________________________________

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

SECTION 1: Ordinance No. 012-2002, known as the Salary Ordinance of 2003 is hereby amended as hereinafter provided:

SECTION 2: Salaries.

Add:

H. MUNICIPAL ATTORNEY

Position Minimum Maximum - 2003

Municipal Attorney (salary only-P/T)

None $25,000.00

Add:

I. MUNICIPAL ENGINEER

Position Minimum Maximum - 2003

Municipal Engineer None $70,000.00

SECTION 3: SEVERABILITY: If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.

SECTION 4: REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.

SECTION 5: 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 10TH DAY OF MARCH, 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 14TH DAY OF APRIL, 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

  1. Introduction and First Reading Ordinance No. 003-2003, An Ordinance amending Chapter 16 of the Revised General Ordinances of the Township of Upper granting Municipal Consent for placement of facilities and establishment of cable television services in the Township of Upper, County of Cape May, State of New Jersey.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

O R D I N A N C E

ORDINANCE NO. 003-2003

RE: ORDINANCE AMENDING CHAPTER 16 OF THE

REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER

GRANTING MUNICIPAL CONSENT FOR THE PLACEMENT OF

FACILITIES AND THE ESTABLISHMENT OF CABLE

TELEVISION SERVICE IN THE TOWNSHIP OF UPPER,

COUNTY OF CAPE MAY, AND STATE OF NEW JERSEY

______________________________________________________________

WHEREAS, the Township of Upper on May 11, 1998, adopted Chapter 16-2 of the Revised General Ordinances of the Township of Upper granting a franchise to Lenfest Atlantic, Inc., d/b/a Suburban Cable (ALenfest@), for a period of fifteen (15) years, and

WHEREAS, Lenfest became an indirect, wholly-owned subsidiary of Comcast Corporation on or about January 18, 2000, pursuant to an Order of Approval issued by the Board of Public Utilities of the State of New Jersey on January 6, 2000 in Docket No. CM99110855 and, subsequently, on or about September 13, 2000, its name was changed to Comcast Cablevision of South Jersey, Inc., the Company, and

WHEREAS, the facilitation of an Upper Township education/government (E/G) access channel will fulfill the community programming needs of the Township of Upper as opposed to the provisions set forth in Section 11 of the New Jersey Board of Public Utilities Renewal Certificate of Approval issued on October 21, 1998 in Docket No. CE98060397 and in the Municipal Application submitted by Lenfest on April 19, 1995,

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

SECTION 1: Chapter 16-2 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:

16-2.27. Educational/Government Access Channel. The Company shall provide a dedicated educational/government access channel for the Municipality, to be managed and operated by the Municipality. This provision will necessitate the installation of a two-way fiber run from the Upper Township Middle School and the Upper Township Hall to the Pleasantville head-end facility and the dedication of the channel on the nodes that feed the Municipality. The Company will provide reasonable technical assistance to the Municipality with regard to the method and equipment needed to manage the channel. The Municipality is authorized to adopt appropriate rules and regulations for the operation and use of the channel in accordance with law.

SECTION 2: Subsection 5 of Section IV on page 13 of the Application For Renewal Of Municipal Consent and Section 11 of the Renewal of Certificate of Approval are replaced by the terms and provisions of the aforesaid SECTION 1.

SECTION 3: REPEALER: All ordinances or parts of ordinances which are in conflict or inconsistent herewith are hereby repealed to the extent of any such inconsistency or conflict only.

SECTION 4: SEVERABILITY: If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.

SECTION 5: EFFECTIVE DATE: This Ordinance will take effect immediately upon final adoption and publication as required by law.

SECTION 6: CODIFICATION: This Ordinance shall be codified in Chapter 16-2 of the Upper Township Code commencing at 16-2.27.

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 WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 28th DAY OF April, 2003 AT 4:00 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

15. Introduction and First Reading 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, 34 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, 34 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:

    1. 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.
    2. 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.
    3. 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).
    4. It has been represented to the Township Committee that the Historical Preservation Society of Upper Township, Inc. ("Society") 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).
    5. 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, 34 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:

        1. 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.
        2. 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 WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 28th DAY OF April, 2003 AT 4:00 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

16. N.J. Pinelands Commission regarding certification of Master Plan Reexamination Report and Master Plan of Upper Township.

David Bucciarelli did not participate in this discussion. Engineer, Paul Dietrich reported that the Pinelands require conditions be met before approval. They recommend rezoning additional property on the northwest side of Woodbine Blvd. to Forest Area. Moved by Curtis Corson, second by Andrew McCrosson to forward this back to the Planning Board for their review and hearings. All five Committeemen voted in favor. Although not required, the Committee wants noticing handled as previously, that being that all properties affected be notified by mail.

NEW BUSINESS

  1. Tuckahoe Volunteer Fire Company, request to vacate Kendall Lane in Tuckahoe.

    The Fire Company needs the extra space for a Firehouse addition to house a new fire truck. The plan for the Rt. 50 Tuckahoe Bridge Replacement incorporates Kendall Lane to remain as an access to Tuckahoe Mt. Pleasant Rd. Jay Newman asked that the request not be voted on at this time. He will discuss this at the Chief’s meeting on Thursday night and report back to the Committee.

  2. Request from Thomas Breazeale, to purchase Township owed property Block 637, Lots 1-7 and Block 636, Lots 14, 19 & 20; and request to vacate a portion of Chestnut Avenue between Ocean Ave and Pacific Ave.

    Mr. Breazeale was present. His plan is to create two building lots if he purchases this property. The Committee discussed that they were in agreement in selling Township owned property to owners of adjacent lots to make them conform more in size to zone requirement. However, Mr. Breaseale’s plan for two more homes could potentially add more children into the school system which is experiencing budgeting problems. Moved to deny the request, by Richard Palombo, second by David Bucciarelli. Mr. Bucciarelli, McCrosson and Palombo voted not to deny the request. Mr. Corson and Newman voted to approve. Request Denied.

  3. Change Order No. 1, Amanda’s Field Project for revision to the pump controller resulting in an increase in contract amount of $2007.50.

Mr. Dietrich reported that the bid for the irrigation and installation was awarded to Lee Rain, Inc. from Vineland. The specs called for a 40 HP pump and a 30 HP controller; and should have been a 40 HP controller. Motion to approve Change Order No. 1 for this project, by Curtis Corson, second by Jay Newman with all five Committeemen voting in favor.

UNFINISHED BUSINESS:

20. McCreesh and Guntner--proposal for sale and exchange of lands in Blocks 633, 634 & 635.

William Spiegle was present as attorney for the McCreesh/Guntner proposal which has been before this Committee numerous times. An agreement has been reached for a land exchange and road paving that is illustrated on the report prepared by the Engineer. Mr. McCreesh will pave from Stagecoach Rd. to Wildwood Ave., lots will be exchanged with any land value differences being paid to the other. The Township Attorney explained that handling it as an exchange precludes the necessity and expense of a bidding process. The transaction will require ordinances and a resolution. Motion to approve agreement by Curtis Corson, second by Jay Newman with all five Committeemen voting in favor. Mr. Young will prepare the documents.

DISCUSSION

  1. Further review on feasibility of a Noise Ordinance.

    John Canderan was present. Mr. Canderan had previously asked that Mr. Young review information he has submitted and reports prepared by Mr. Waldron on this matter to give an opinion. Mr. Young’s opinion was that he agreed with Mr. Waldron’s conclusion not to recommend a noise ordinance for Upper Township. It would be difficult to enforce due to the diversity of the Township; seashore areas, farming, mining, residential etc. Mr. Canderan disagreed with this. The Committee did not feel that enough noise complaints were received to warrant a noise ordinance. The State Police will be contacted for a report of the number of calls received, the time of day the complaints were made and the location. This will be rescheduled for the May 12, 2003 meeting.

    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."

    Bills submitted for payment $1,081,702.51

    Payroll $ 111,240.75

    Moved to pay the bills by Jay Newman, second by David Bucciarelli with all five Committeemen voting in favor.

    REPORT OF MUNICIPAL DEPARTMENTS:

  2. Construction Code
  3. Clerk’s Office
  4. Animal Control

23. Tax Assessor

  1. Municipal Court
  2. Finance Office
  3. Tax Office-Monthly report
  4. Tax Office-Annual Report of Taxes Not Collectible-Andrew McCrosson motion to accept this report, second by Curtis Corson with all five Committeemen voting affirmative.

    Reports are available for inspection in the Clerk’s Office.

     

    PUBLIC COMMENT

    Andrew and Darlene Petrella, just recently retired and are planning to build a home on property they have owned for years, Block 10, Lot 197. The property is 12 acres and located in the Pinelands area. They asked if the new zoning proposals would have any affect on them. The Engineer advised them that their property is not included in that area and that it is an existing grandfathered lot which would allow one home on it. They would still have to obtain Pinelands approval for any construction.

    Anita and James Battersby, own property in Block 12. The Engineer stated that Block 12 is not located in the Pinelands area.

    Motion by Jay Newman, second by David Bucciarelli to close regular portion of meeting and go into closed session. All five Committeemen voted in favor.

    CLOSED SESSION

  5. 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

There being no further business this evening the meeting was adjourned at 10:55 P.M. Next meeting to be April 28, 2003 at 4:00 P.M.

Minutes prepared by

Wanda Gaglione, RMC

Municipal Clerk

Bill List        
         
 04/14/03                                                                                                  
033534 4/14/03 A0006 ADVANCE TREADS INC 1,858.36
033535 4/14/03 A0012 ACME MARKETS INC. 6.25
033536 4/14/03 A0018 ACTION SUPPLY INC. 313.02
033537 4/14/03 A0023 ADAMS, JOHN 56.00
033538 4/14/03 A0025 ADVANTAGE RENTAL ACE HARDWARE 1,035.52
033539 4/14/03 A0035 AIRLINE HYDRAULIC CORP. 450.81
033540 4/14/03 A0050 ALL STAR SPORT CENTER 5,474.50
033541 4/14/03 A0051 ALL STATE LEGAL SUPPLIES 61.40
033542 4/14/03 A0087 AT & T 496.11
033543 4/14/03 A0094 ARCH WIRELESS 15.65
033544 4/14/03 A0096 ATLANTIC CO. T.C.& T ASSOC. 35.00
033545 4/14/03 A0097 ATLANTIC GOLF & TURF 563.51
033546 4/14/03 B0008 BAILEY, CARROLL 20.00
033547 4/14/03 B0018 BARRETT,GERALD INC. 153.53
033548 4/14/03 B0026 BETTER MATERIALS CORP. 575.13
033549 4/14/03 B0043 BELLMAWR TRUCK REPAIR CO. INC. 1,450.00
033550 4/14/03 B0061 BILLOWS ELECTRIC 469.05
033551 4/14/03 B0062 BILL'S LOCKS 65.00
033552 4/14/03 B0070 BLUE CROSS OF N.J.,INC. 63,769.56
033553 4/14/03 B0076 BOND,LAURENCE E. 24.00
033554 4/14/03 B0082 BOSCO,THOMAS BUILDING CONTRACT 18,520.00
033555 4/14/03 B0137 BEYEL, DAVID 159.00
033556 4/14/03 B0146 BYRD, JUSTIN 120.00
033557 4/14/03 B0155 BRIDGES, JAMES 240.00
033558 4/14/03 B0176 BEYEL, CASEY 132.00
033559 4/14/03 B0177 BUD CONCRETE, INC 33,678.86
033560 4/14/03 C0006 CMC TAX COLL/TREAS. ASSOC. 150.00
033561 4/14/03 C0030 CAMP, BARBARA 40.00
033562 4/14/03 C0048 CAPE MAY COUNTY MUA 35,742.38
033563 4/14/03 C0060 CAPRIONI'S PORTABLE TOILETS 85.00
033564 4/14/03 C0094 CHERNOSKI, STEVE 200.00
033565 4/14/03 C0099 CHEMSEARCH 1,335.86
033566 4/14/03 C0112 BAUR MUNICIPAL SUPPLIES 86.00
033567 4/14/03 C0126 CMC PUBLIC WORKS ASSOC. 50.00
033568 4/14/03 C0131 CINTAS FIRST AID & SAFETY 149.53
033569 4/14/03 C0133 COACH USA 695.00