TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR OCTOBER 22, 2007

 

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

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAG

 

ROLL CALL

 

Barbara Camp Present

            Frank E. Conrad          Present

Curtis Corson               Absent  

            John “Jay” Newman     Present

Richard Palombo          Present

 

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

 

APPROVAL OF MINUTES  -        October 1, 2007 Special Meeting, October 9, 2007       Regular Meeting, and Closed Session Minutes

 

Moved by Frank Conrad, second by Barbara Camp to approve the October 1, 2007 Minutes as written. During roll call vote four committee members voted in the affirmative minutes.

 

Moved by Frank Conrad, second by Barbara Camp to approve the October 9, 2007 Minutes as written. During roll call vote three committee members voted in the affirmative. Mayor Palombo abstained from voting.

 

REPORT OF GOVERNING BODY MEMBERS

 

Wanda Gaglione, Township Clerk, reminded everyone of Trick or Treat night scheduled for Wednesday October 31, 2007 from 5:00 to 8:00 P.M.

She also reported on the success of the first Upper Township Employee Health Fair held earlier today and sponsored by our insurance organization, the Atlantic County Municipal Joint Insurance Fund. 

 

Daniel Young, Municipal Attorney, commented on the result of the legal action filed by the Strathmere Citizen’s Association for a request for emergent relief.    The association was asking for an immediate order to send the request for deannexation to the Planning Board.  The request for emergent relief was denied by the court.  The Court said that there was no irreparable harm.  More importantly, the court dismissed the case on the grounds that the claims made against the Township were without merit and that the petition did not comply with the specific requirements of the statute. He also reported that the court confirmed the Township acted reasonably and appropriately in all respects to the rejection of the petition and that there were no violations of the Open Public Meeting Act.

 

Paul Dietrich, Township Engineer, reported that the paving program was underway. The roads were completed last week; the tennis courts at Caldwell Park and Southwoods are also scheduled for completion this year. He also reported that he received a quote to hire a consultant for a fee of $950 to complete a study of the Township’s Flood Insurance Rating. The program would assess the flood zones in the Township and determine where the Township stands with regard to the regulations.  This study may possibly mean a reduction in the rates for flood insurance for our residents. Motion to approve the study by Jay Newman, second by Barbara Camp with the four Committee members present voting in the affirmative. Mr. Dietrich also reported that as part of the Township’s Plan Endorsement process, recent reports were submitted to the Pinelands for certification. A large part of the Township is      outside of the Pinelands Management Area but still within the National Reserve.  The Pinelands Commission has a separate procedure to certify the plans. He will continue to report on the matter as information becomes available.

He also commented that the Upper Township Gazette would be publishing a new map of the Township and asked whether the Committee wanted information publicized on the map. The Committee declined the expense as that information is already being published in the Township Bulletin which is distributed in the Gazette, through the new resident packets, and on the website.

 

Frank Conrad, reported on a lighting problem at Caldwell Park in that the area of the concession stand was too dark. He asked that the Committee authorize Paul Dietrich to check to see what additional lighting can be added to insure safety and security of the site. He also reported that he has been in contact with the management company developing the new Shop Rite complex in Marmora, scheduled to have their ground breaking in the near future. The opening date is targeted for the fall of 2008.  He also commented that they are currently accepting new leases for the stores and that the complex will enhance our tax base.  He discussed the new businesses opening up in the Township. In the Tuckahoe area the diner is reopening; a new pizza shop has opened and a couple of new businesses are looking at the Train Station area.    

 

Barbara Camp reported that the Township Department of Public Works continues to collect trash, recycling and compost five days a week.  The solid waste reduction rate as of the latest report was at a rate of 40%. She also reported that the Sanitation Inspector has been out working with residents to correct problems before they result in sanitation violation matters in municipal court. She also commented that 41 tons of brush was collected during the last reporting period and that loose-leaf collection would start around the week of November 13th. She also thanked the Department of Public Works carpenter crew for their work on the Township Hall. Rather than contracting out for the work, our employees completed the necessary maintenance on the building.  They power washed the building, painted the clock tower, completed minor roof repairs, and installed drains in the parking lot.

 

Jay Newman, commented that the annual barbecue hosted by Upper Township Indians, was well attended. He also reported on an email received from Rob Winder asking for an amendment to the ordinance to allow residents to walk their pets on the walking jogging path at Amanda’s Field. Mr. Newman also commented that he spoke with another resident in the area of Amanda’s Field that asked to see the Township designate a specific area for use as a dog park. Motion to direct the Township Attorney to review the Dog Ordinance, by Jay Newman second by Barbara Camp with the four Committee members present voting in the affirmative. Mr. Newman also commented that he received another email with respect to the

Township holiday schedule. The Mayor commented that the holiday schedule is established at the annual reorganization meeting in January but suggested a tentative schedule.

Motion to approve the tentative schedule of holidays by Barbara Camp, second by Mayor Palombo with four committee members present voting in the affirmative.

 

Richard Palombo, Mayor commented that Election Day is November 6th from 6:00 A.M. to 8:00 P.M. He also reported on a news release he received from Pepco Holdings, the company that owns Atlantic City Electric.  The news release reported they have received approval to install a 230-mile interstate power line. The report indicates the construction would be situated along existing structures in order to lower the impact to the environment. Mayor Palombo directed Paul Dietrich, Township Engineer to monitor the project. Mayor Palombo thanked Dan Young, Township Attorney for all his hard work and expertise with the matter concerning the Strathmere request for deannexation.

 

OTHER REPORTS

 

RESOLUTIONS

 

  1. Authorizing the Township of Upper to enter into a contract with AtlantiCare Occupational Medicine to provide services under the Respiratory Protection Program required by the Occupational Safety and Health Administration to members of Upper Township Division of EMS.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  204-2007

RE: AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER INTO A CONTRACT WITH

ATLANTICARE OCCUPATIONAL MEDICINE TO PROVIDE SERVICES UNDER THE

RESPIRATORY PROTECTION PROGRAM REQUIRED BY THE OCCUPATIONAL

SAFETY AND HEALTH ADMINISTRATION TO MEMBERS OF

UPPER TOWNSHIPDIVISION OF EMS

___________________________________________________________________

 

WHEREAS, the Occupational Safety and Health Administration requires that the Township establish a Respiratory Protection Program pursuant to 29 CFR 1910.134; and

WHEREAS, AtlantiCare Occupational Medicine (ACOM) has offered to perform the medical testing services required in the Respiratory Protection Program; and

WHEREAS, the Township intends to enter into a contract with ACOM to provide such services for and on behalf of the members of the Upper Township Division of Emergency Medical Services; and

WHEREAS, the Township Solicitor has reviewed and approved a form of Contract between the Township of Upper and ACOM, a copy of which is of record in the office of the Township Clerk; and

WHEREAS, the Township has available funds to permit it to enter into this Contract and the availability of such funds has been certified as required by law; 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 is hereby authorized to enter into a Contract with ACOM for a term of three (3) years to provide certain medical testing services required by the Respiratory Protection Program (29 CFR 1910.134) and the Mayor and Township Clerk are hereby authorized, directed and empowered to execute such Contract on behalf of the Township of Upper.

3.  All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.

Resolution No.   204 -2007

Offered by: Newman                                Seconded by: Camp

Adopted:          October 22, 2007

Roll Call Vote:

NAME                          YES                 NO                   ABSTAINED    ABSENT

Camp                              x                                                                                

Conrad                            x                                          _ __                 ______      

Corson                                                                                                ___x__      

Newman                          x                                                                  ______      

Palombo                          x                                                                  ______      

 

  1. Authorizing the Township of Upper to pay all costs and expenses associated with the contract between each of the Township's four Fire Districts, the Upper Township Rescue Squad, Inc. and AtlantiCare Occupational Medicine to provide services under the Respiratory Protection Program required by the Occupational Safety and Health Administration.

 

 TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  205-2007

RE: AUTHORIZING THE TOWNSHIP OF UPPER TO PAY ALL COSTS AND EXPENSES ASSOCIATED WITH THE CONTRACT BETWEEN EACH OF THE TOWNSHIP’S FOUR FIRE DISTRICTS, THE UPPER TOWNSHIP RESCUE SQUAD, INC. AND ATLANTICARE OCCUPATIONAL MEDICINE TO PROVIDE SERVICES UNDER THE RESPIRATORY PROTECTION PROGRAM REQUIRED BY

THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION       

_________________________________________________________________________

WHEREAS, the Occupational Safety and Health Administration requires that each of the Township=s fire districts establish a Respiratory Protection Program pursuant to 29 CFR 1910.134; and

WHEREAS, AtlantiCare Occupational Medicine (ACOM)  has offered to perform the medical testing services required in the Respiratory Protection Program; and

WHEREAS, the Township intends to provide any and all payments associated with each contract of the fire district and the Upper Township Rescue Squad, Inc. (Squad) with ACOM to provide such services for and on behalf of the individual members of each of the Township=s four fire districts and the Squad; and

WHEREAS, the Township has available funds to pay the costs of said contracts and the availability of such funds has been certified as required by law; 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 has reviewed each of the contracts entered into between  ACOM and the four fire districts and the Squad and hereby agrees to pay all costs associated with medical testing services under said contracts as required by the Respiratory Protection Program.

3. Prior to authorizing the payment of any such sums required under the aforesaid contracts, the Township shall have in its possession a fully executed copy of each such contract with the fire district or the Squad and ACOM.

4. It is a specific condition of this authorization resolution that the Township assume no responsibility or liability in any manner with respect to the implementation of the Respiratory Protection Program of each fire district and the Squad and that each fire district and the Squad indemnifies the Township to the fullest extent required in exchange for the third party payment of costs of each fire district under its contract.

5.  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.  205 -2007

Offered by: Camp                                                       Seconded by:Newman

Adopted: October 22, 2007

Roll Call Vote:

NAME                          YES                 NO                   ABSTAINED    ABSENT

Camp                             x                                           _________      ______                       

Conrad                        _x__                                        _________                           

Corson                                                                        _________           x    

Newman                         x                                           _________                 

Palombo                         x                                           _________                 

 

  1. Authorizing the release of Performance Bond and the acceptance of a 2-Year Maintenance Bond for Camlough Road Associates, LLC., Camlough Road Subdivision, Block 453, Lots 79, 80.01-80.08.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 206-2007

RE: AUTHORIZING THE RELEASE OF PERFORMANCE BOND AND

THE ACCEPTANCE OF A 2-YEAR MAINTENANCE BOND OF

 

OWNER AND/OR DEVELOPER: CAMLOUGH ROAD ASSOCIATES, LLC.

SUBDIVISION: CAMLOUGH ROAD SUBDIVISION

PROPERTY: BLOCK 453, LOTS 79, 80.01-80.08

____________________________________________________________

 

WHEREAS, Camlough Road Associates, LLC., (hereinafter “Developer”), has heretofore requested acceptance of a

  Maintenance Bond for the major subdivision project known as “Camlough Road Subdivision”; and

WHEREAS, Developer has completed all work in conformance with the plans and specifications for the project known as Camlough Road Subdivision as certified and inspected by the Township Engineer and the Performance Bond now held by the Township should be released; and

WHEREAS, pursuant to N.J.S.A. 40:55D-53, the Developer is required to post a maintenance bond for the aforesaid project; and

WHEREAS, said Maintenance Bond shall be for two (2) years in an amount equal to 15% of the original construction value of $132,491.75 or $19,873.76 in accordance with the municipal ordinance of the Township of Upper;

WHEREAS, the Developer has presented to the Township a Maintenance Guaranty as follows:

Maintenance Surety Bond

Bond No. 22719141M

 

Principal:         Camlough Road Associates, LLC

225 Highway 35

Red Bank, NJ 07701

 

Surety:            Western Surety Company

                             P.O. Box 5077

                             Sioux Falls, SD 57117-5077

 

Bond Amount Cash:       $ 1,987.38

Bond Amount, Surety:    $17,886.38

Bond Date:              October 1, 2007

 

WHEREAS, the Municipal Attorney has reviewed the Maintenance Guaranty attached hereto as “exhibit A” and has determined that same complies with the New Jersey Statutes and the Township Ordinances applicable thereto and has recommended the 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 Surety Bond described in this Resolution is hereby accepted and approved.

     3. The Performance Bond now held by the Township is hereby released.

     4.  All Township officials and officers are hereby authorized and empowered to take all actions deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.

Resolution No. 206-2007

Offered by:Palombo  Seconded by: Camp

Adopted: October 22, 2007

Roll Call Vote:

NAME                 YES           NO        ABSTAINED    ABSENT

Camp         ____x______    __________   __________   ______­____

Conrad       ____x______    __________   __________   __________

Corson       ___________    __________   __________   ____x_____

Newman    ____x______    __________   __________   __________

Palombo    ____x______    __________   __________   ______­____

 

 

  1. Authorizing the execution of NJDEP TWA-1 application Statements of Consent form regarding Block 758, Lot 11.

 

 TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO: 207-2007

RE: AUTHORIZING EXECUTION OF NJDEP TWA-1 APPLICATION

STATEMENTS OF CONSENT FORM REGARDING BLOCK 758, LOT 11

______________________________________________________________

 

WHEREAS, Albert Passamente has or is about to make application to the New Jersey Department of Environmental Protection (hereinafter “DEP”) for Treatment Works Approval and has requested that the Township complete a portion of DEP Form No. WQM-003, which merely consents to the submission of the application to the DEP and certifies that the project, as proposed, conforms with the requirements of all municipal Ordinances and does not otherwise impose any obligation or liability on the Township; and

WHEREAS, Mr. Passamente must apply to the New Jersey Department of Environmental Protection for Treatment Works Approval in order to construct a permanent holding tank to handle sewage generated from a single family dwelling to be constructed on Taylor Avenue, on Block 758, Lot 11 of the municipal tax map of Upper Township, New Jersey; and

WHEREAS, the Township Engineer has informed the Township Committee as to the general nature of the project and has indicated that the Township has no ordinance prohibiting such permanent holding tank; and

WHEREAS, the matter has been considered by the Township Committee and it has been determined that the consent by the Governing Body should be granted to this application to permit the application process to go forward; and

WHEREAS, the Township Committee wishes to authorize the Township officials to execute said documentation;

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 is hereby authorized to execute on behalf of the Township of Upper a Statements of Consent, Section A-1, in the form attached hereto as Exhibit “A” and said consent shall be completed by inserting therein this Resolution number and the date of its adoption.

3.  This Statements of Consent is submitted in conjunction with the application of Albert Passamente for treatment works approval for the Passamente residence at Lot 11, Block 758 on the municipal tax map.

4.  A certified copy of this Resolution shall be provided to the applicant.

Resolution No. 207-2007

Offered by: Camp                               Seconded by: Newman 

Adopted: October 22, 2007

Roll Call Vote:

NAME                        YES          NO           ABSTAINED    ABSENT

Camp             ___x___    __________   __________   __________

Conrad          ___x___    __________   __________   __________

Corson          _______    __________   __________   ___x______

Newman        ___x__    __________   __________   __________

Palombo        ___x__   __________   __________   __________

 

  1. Endorsing and supporting the Proposed Improvements to Route 50 and the replacement of the Route 50 Bridge over the Tuckahoe River between Tuckahoe in the Township of Upper, County of Cape May and Corbin City in the County Of Atlantic.

 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                     RESOLUTION NO. 208-2007

                            RE: ENDORSING AND SUPPORTING THE PROPOSED

                       IMPROVEMENTS TO ROUTE 50 AND THE REPLACEMENT

                        OF THE ROUTE 50 BRIDGE OVER THE TUCKAHOE RIVER

                            BETWEEN TUCKAHOE IN THE TOWNSHIP OF UPPER,

                                                   COUNTY OF CAPE MAY AND

CORBIN CITY IN THE COUNTY OF ATLANTIC

_________________________________________________________________

 

WHEREAS, the New Jersey Department of Transportation (NJDOT) is scheduled to undertake a bridge replacement project on Route 50 in Tuckahoe between Tuckahoe, Cape May County and Corbin City Atlantic County; and

WHEREAS, the plan includes the construction of a new bridge with a fixed span across the Tuckahoe River connecting Tuckahoe and Corbin City and the construction of a temporary bridge to be utilized pending the completion of the replacement of the permanent span; and

WHEREAS, the Township is firmly convinced that this project is urgently needed in order to promote and protect the public health, safety and welfare; and

WHEREAS, additional issues and concerns have been previously raised by the Upper Township Fire and Rescue Companies, and the Greater Tuckahoe Area Merchant’s Association, Inc., which are significant and likewise need to be addressed and resolved prior to the commencement of the project, and are specified in Resolutions 66-5-1996 and 67-5-2001 which are attached hereto as exhibit “A”; and

WHEREAS, the proposed improvements appear to serve the best interests, health, safety and welfare of the citizens of Upper Township;

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 does hereby endorse, and support the proposed improvements to Route 50 and the Route 50 Tuckahoe River bridge as set forth in this Resolution and the Township Committee further urges the NJDOT to commence such improvements and to cause same to be completed with all due speed.

3.  A certified copy of this Resolution shall be provided to the New Jersey Department of Transportation and copies shall be sent to the City of Corbin City; County of Cape May, Office of the County Engineer; Cape May County Board of Chosen Freeholders; Senator Nicholas Asselta; Assemblyman Jeff Van Drew; and Assembly­man Nelson Albano.

Resolution No. 208-2007

Offered by: Camp  Seconded by: Newman

Adopted: October 22,2007

Roll Call Vote:

NAME                 YES                 NO           ABSTAINED    ABSENT

Camp               ____x______    __________   __________   __________

Conrad             ____x______    __________   __________   ______­____

Corson            ___________    __________   __________   _____x____

Newman          ____x______    __________   __________   __________

Palombo           ____x______    __________   __________   __________

 

  1. Approving the transfer of the Excavation (Mining) License and accepting the Performance Guarantee of owner: George Harms Construction Co., Inc., Block 414, Lot 45, and Block 451, Lot 4.  Committeeman Frank Conrad stepped down from the dais, did not participate in discussion, and abstained from voting on this matter to avoid any conflict of interest. Mr. Dietrich stated that 2007 is the major review year of the 5-year cycle for the mining operations.  He has inspected the site and found it generally in conformance with the site plan and that fencing has been installed. 

 

 TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 209-2007

RE: APPROVING THE TRANSFER OF THE EXCAVATION (MINING) LICENSE

AND ACCEPTING THE PERFORMANCE GUARANTEE OF

OWNER: GEORGE HARMS CONSTRUCTION CO., INC.

PROPERTY: BLOCK 414, LOT 45, AND BLOCK 451, Lot 4

____________________________________________________

 

WHEREAS, George Harms Construction Co., Inc. of PO Box 817, Farmingdale, New Jersey 07727, has heretofore requested the transfer of the excavation (mining) license for premises located at Block 414, Lot 45 and Block 451, Lot 4, on the official Tax Map of the Township of Upper; and

WHEREAS, a copy of the recorded deed transferring the facility, as well as a fully executed Assignment transferring all other permits, licenses and approvals held by the seller, is attached as Exhibit “A”; and

WHEREAS, pursuant to Chapter XV of the Municipal Codes of Upper Township, the Developer is required to post a performance guarantee bond for the aforesaid excavation operation and has presented it for acceptance by the Township of Upper copy of which is attached as Exhibit “B”; and

WHEREAS, the Developer has presented to the Township a Performance Guaranty as follows:

Performance Surety Bond

Bond No. 929387049

 

Principal:         George Harms Construction Co., Inc.

                             62 Yellowbrook Road

                             Howell, NJ   07731

                              Mailing Address: PO Box 817

Farmingdale, NJ 07727

                            

Surety:            Western Surety Company

                             30 S. 17th Street

                             Philadelphia, PA   19103

 

Bond Amount:            $22,325.00

Bond Date:              September 4, 2007

 

 

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

 

WHEREAS, the Township Engineer, after his inspection of said mining facilities certifies that the facility is still in conformance with the site plan approved by the Upper Township Planning Board and the Township Ordinances applicable thereto and has recommended the approval of the transfer of the excavation license 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 excavation license and all permits for mining facilities at the Block 414, Lot 45 and Block 451, Lot 4 location is hereby transferred to George Harms Construction Co., Inc.

3.  The Performance Guarantee described in this Resolution is hereby accepted and approved.

     4.  All Township officials and officers are hereby authorized and empowered to take all actions deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.

5.          This Resolution shall become effective immediately.

 

Resolution No. 209-2007

Offered by:Camp           Seconded by:Newman

Adopted: October 22, 2007

Roll Call Vote:

NAME                 YES           NO        ABSTAINED    ABSENT

Camp         ____x_____    __________   __________   ______­____

Conrad       __________    __________   _____x____   __________

Corson       __________    __________   __________   ____x_____

Newman    ____x_____    __________   __________   __________

Palombo    ____x_____    __________   __________   __________

 

ORDINANCES

 

7.      Introduction and First Reading of Ordinance No. 018-2007 RE: AN ORDINANCE CREATING ADDITIONAL JOB CLASSIFICATIONS AND TITLES AND AMENDING CHAPTER V, ENTITLED “PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP.  Motion to introduce Ordinance No. 018-2007 with public hearing set for November 13, 2007 at 7:30 P.M. Motion by Barbara Camp, second by Frank Conrad with all four Committee members present voting in the affirmative.

 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                              O R D I N A N C E

                                                      ORDINANCE NO. 018-2007

                AN ORDINANCE CREATING ADDITIONAL JOB CLASSIFICATIONS

                           AND TITLES AND AMENDING CHAPTER V, ENTITLED

“PERSONNEL”, OF THE CODE OF UPPER TOWNSHIP.

_________________________________________________________________

 

WHEREAS, it has been determined to be necessary to create certain additional job classifications or job titles to conform to job descriptions promulgated by the New Jersey Department of Personnel;

NOW, THEREFORE, 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:  Chapter V, entitled “Personnel”, of the Code of Upper Township, Section 5-6.2, is hereby amended and supple­mented as follows:

Add The Following Positions:

Senior Sanitation Inspector

Municipal Housing Liaison

Positions To Be Deleted: None.

 

SECTION 2:  REPEALER:  All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.

SECTION_3:  SEVERABILITY:  This Ordinance shall be subject to the severability provisions set forth in Section 5-15 of Chapter V of the Code of Upper Township.

 

SECTION 4:  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 22ND OF OCTOBER, 2007 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 13TH OF NOVEMBER, 2007 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.

BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.

 

WANDA GAGLIONE, TOWNSHIP CLERK

TOWNSHIP OF UPPER

 

CORRESPONDENCE

 

NEW BUSINESS

 

8.  NJ Department of Agriculture, report of Township gypsy moth survey.

Motion to participate in gypsy moth spray program by Richard Palombo, second by Jay Newman with the four Committee members present voting in the affirmative. The notice mentioned that the State of New Jersey may be spraying their own lands.  Mayor Palombo directed the Township Engineer to contact the State to confirm what areas they would spray.

 

9. Ralph and Deana Holt, request for zoning change on Tuckahoe Road.

Ralph Holt, 50 Jill Avenue, Marmora reported that he has an additional seventy-five names of registered voters he would like added to the petition he previously submitted at the last meeting. Mayor Palombo stated that the normal procedure would be to send the petition to the Planning Board for their review and a report on the request. Motion by Jay Newman, second by Barbara Camp to forward the request to the Planning Board for their review.  During roll call vote all four Committee members present voted in the affirmative.

 

10. Donna M. Lombard, request to purchase Township owned property in

Block 483. John and Donna Lombard of 615 Elmwood Avenue, Marmora, were both present and stated that they have owned Block 483 lots 1-10, (1/2 acre) for the past seventeen years.  Their original request was for the purchase of two lots however the Lombards stated they would purchase as many lots as the Township required of them.  Mr. Dietrich stated that in order to make the Lombard’s lot conforming, they would need another 10 lots. 

Mr. Young stated that this is the second request received to purchase Township owned lots in Block 483.  The first request came a few months ago from Ralph Holt, owner of lots 17 and 18.  At that time the Township said if Mr. Holt could get a septic system approval from the County, then the Committee would entertain an offer to sell adjacent land.  There is enough land in that block to increase the size of the Lombard’s lot, and the Holt’s lot if they were to get the septic permit. Motion to approve the sale of lots 11 and 21 to the Lombards; motion by Richard Palombo, second by Frank Conrad with four committee members present voting in the affirmative.

 

11. Country Shore Women’s Club, request to hold a Chinese Auction, RA 322.

12. Country Shore Women’s Club, request to hold a raffle, RA 323.

Motion to approve both raffles, by Richard Palombo, second by Barbara Camp with all four Committee members present voting in the affirmative.

 

UNFINISHED BUSINESS:

 

DISCUSSION

 

PAYMENT OF BILLS:

 

      “I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.” Motion by Jay Newman, second by Barbara Camp with all four Committee members present voting in the affirmative. 

 

Bills submitted for payment:       $176,650.39

Payroll:                                         $147,279.04

 

REPORT OF MUNICIPAL DEPARTMENTS:

 

13.  Animal Control

14.  Tax Assessor

15.  Municipal Court

16.  Finance Office

17.  Tax Office-Certification of mailing of Added Assessment and Omitted/Added Assessment taxes for 2006, Omitted 2007, and Final/2008 Preliminary tax bills.

 

Reports are available from the Clerk’s Office.

 

PUBLIC COMMENT

 

Ken Weaver, 212 Bayview Drive, Strathmere requested that the Township not place any lettering on the Strathmere water tower.

 

Kitty Neagler, Tuckahoe, commented on the recent paper shredding event held by the CMCMUA and that employees indicated that the program would not be continued next year. She would like to have a shredding day in Upper Township for residents. The Mayor directed Mr. Dietrich to look into the possibility of arranging a Township wide shredding day or arrange an interlocal agreement with another municipality; motion by Richard Palombo, second by Barbara Camp with the four Committee members present voting in the affirmative.

 

Terry Flay, 26 South Sunset Drive, Petersburg, commented that she is concerned with the mining operation near her home beginning each day at 6:00 A.M. she also expressed concern with ATV’s using the pit which is located directly behind her home.

 

Kitty Neagler, Tuckahoe, expressed her concern with ATV’s in the Tuckahoe Area near Pulini’s Pizza Parlor.  Mayor Palombo, commented that if the problem continues the matter should be reported to the State Police.

 

There were no further comments. Motion by Jay Newman, second by Barbara Camp to close the regular portion of the meeting and go into an executive session.  During roll call vote all four Committee members present voted in the affirmative.

 

CLOSED SESSION

 

  1.   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 6:50 P.M., motion by Jay Newman, second by Barbara Camp with all four Committee members present voting in the affirmative.  Next meeting scheduled for November 13, 2007 at 7:30 P.M.

 

 

                                                                        Minutes prepared by

 

 

Wanda Gaglione, RMC

Municipal Clerk

 

Bill List

  044557      10/22/07      A0012    ACME MARKETS INC.                            2,821.50

  044558      10/22/07      A0015    ADVANCE LEARNING                                89.00

  044559      10/22/07      A0018    ACTION SUPPLY INC.                              60.55

  044560      10/22/07      A0024    ADVANCE DOOR & SUPPLY CO.                      368.00

  044561      10/22/07      A0070    ALBERTSONS/ACME                                 48.85

  044562      10/22/07      A0077    ADVANCED SATELLITE SYSTEMS                   3,855.96

  044563      10/22/07      A0094    ARCH WIRELESS                                   49.74

  044564      10/22/07      B0013    BRADCO SUPPLY CORP.                            317.20

  044565      10/22/07      B0035    BELMONT & CRYSTAL SPRINGS                      152.52

  044566      10/22/07      B0070    HORIZON BLUE CROSS/BLUE SHIELD              89,647.58

  044567      10/22/07      B0086    BROWNIE TROOP #3360                            300.00

  044568      10/22/07      B0102    GIRL SCOUT TROOP#4474                          300.00

  044569      10/22/07      B0103    BROWNIE TROOP #42714                           300.00

  044570      10/22/07      B0107    BROWNIE TROOP #41323                           300.00

  044571      10/22/07      B0152    BUCHANAN, KAREN A.                             517.10

  044572      10/22/07      C0019    CITY OF OCEAN CITY                          43,237.25

  044573      10/22/07      C0030    CAMP, BARBARA                                   16.00

  044574      10/22/07      C0042    CAMPBELL FREIGHTLINER, LLC                     250.60

  044575      10/22/07      C0054    CAPE MAY COUNTY TREASURER                       60.00

  044576      10/22/07      C0060    CAPRIONI'S PORTABLE TOILETS                  1,154.00

  044577      10/22/07      C0068    COMCAST                                        285.00

  044578      10/22/07      C0130    CHIEF SUPPLY CORP.                             202.94

  044579      10/22/07      C0131    CINTAS FIRST AID & SAFETY                      266.41

  044580      10/22/07      C0143    CODY'S POWER EQUIPMENT                          79.09

  044581      10/22/07      C0168    CLOVER BUDS 4-H PREP CLUB                      300.00

  044582      10/22/07      C0175    COUNTRY SHORE WOMEN'S CLUB                     300.00

  044583      10/22/07      C0186    CUB SCOUT PACK #55                             300.00

  044584      10/22/07      C0188    CUB SCOUT PACK #71                             300.00

  044585      10/22/07      C0190    CUB SCOUT PACK #79                             300.00

  044586      10/22/07      C0197    COVENANT LIFE CHRISTIAN FELLOW                 300.00

  044587      10/22/07      D0008    DIAMOND M LUMBER CO.                           374.66

  044588      10/22/07      F0020    FEDERAL GLOVE CO.                              213.80

  044589      10/22/07      F0042    FLANAGANS SOUTH AUTO TIRE CENT                 295.00

  044590      10/22/07      F0061    FOX ELECTRIC SUPPLY COMPANY                     10.84

  044591      10/22/07      G0002    GAGLIONE, WANDA                                 36.00

  044592      10/22/07      G0014    GARDEN STATE HWY PRODUCTS INC.               1,108.00

  044593      10/22/07      G0022    G.T.A.M. ASSOCIATION                           300.00

  044594      10/22/07      G0040    GIBSON ASSOCIATES,P.A.                       1,727.50

  044595      10/22/07      G0096    GRUND, GEORGE                                   84.00

  044596      10/22/07      H0012    HALL,ARTHUR                                     68.00

  044597      10/22/07      H0054    HOFFMANN,WILLIAM                                12.40

  044598      10/22/07      H0057    HISTORICAL PRESERVATION                        300.00

  044599      10/22/07      H0073    HOME DEPOT CRC/GECF                            370.94

  044600      10/22/07      I0019    INTERNATIONAL CODE COUNCIL,INC                  92.00

  044601      10/22/07      J0002    J.P. COLLINS CO.                             1,138.90

  044602      10/22/07      J0014    JC MILLER CO.                                  291.84

  044603      10/22/07      J0030    JUNIOR GIRL SCOUNT TROOP 4225                  300.00

  044604      10/22/07      J0049    JR. GIRL SCOUT TROOP#6853                      300.00

  044605      10/22/07      J0061    JUST SPORTS                                     37.44

  044606      10/22/07      K0014    KEENAN,BRIAN                                    56.00

  044607      10/22/07      K0034    KOHLER, CLAUDE JR.                              20.00

  044608      10/22/07      K0037    KOHLER, JOHN F                                   6.00

  044609      10/22/07      L0084    LIONS AND TIGERS #79                           300.00

  044610      10/22/07      M0007    MCAA OF NJ                                     110.00

  044611      10/22/07      M0009    MCCAULEY, ROBERT                               750.00

  044612      10/22/07      M0012    McCAULEY, RICHARD                              150.00

  044613      10/22/07      M0024    MAMA MIA'S RISTORANTE                          810.00

  044614      10/22/07      M0076    MGL PRINTING SOLUTIONS                         607.00

  044615      10/22/07      N0004    NJ-AMERICAN WATER CO.                          122.05

  044616      10/22/07      N0052    NATL YOUTH SPORTS COACHED ASSN                 300.00

  044617      10/22/07      N0066    N.J. CHAPTER INTERNATIONAL                      75.00

  044618      10/22/07      N0098    N.J.A.P.Z.A.                                    50.00

  044619      10/22/07      N0114    NORTHERN TOOL & EQUIPMENT CO.                  289.53

  044620      10/22/07      P0008    PALMER,NANCY                                    64.00

  044621      10/22/07      P0024    PEER LEADERSHIP                                300.00

  044622      10/22/07      P0032    PEDRONI FUEL CO.                             1,487.84

  044623      10/22/07      P0064    PITNEY BOWES                                   420.00

  044624      10/22/07      P0090    PTA                                            300.00

  044625      10/22/07      P0096    PREVITI,MICHELE M.                              34.63

  044626      10/22/07      Q0003    QC INC.                                        696.20

  044627      10/22/07      Q0008    QUILL CORPORATION                               55.46

  044628      10/22/07      R0030    RIGGINS, INC.                                4,783.52

  044629      10/22/07      R0045    RAINEAR,SCOT                                   275.00

  044630      10/22/07      R0055    ROSIAK, CAROL                                   20.00

  044631      10/22/07      S0001    SAM'S CLUB                                     316.72

  044632      10/22/07      S0062    SEAVILLE METHODIST YOUTH GROUP                 300.00

  044633      10/22/07      S0075    SHARP,RHONDA L.                                 12.00

  044634      10/22/07      S0123    SPEAR, MICHAEL                                   6.00

  044635      10/22/07      S0134    SO. JERSEY GAS COMPANY                          60.06

  044636      10/22/07      T0011    TAYLOR, JASON                                    6.00

  044637      10/22/07      T0018    TEKK COMM COMMUNICATIONS                       333.70

  044638      10/22/07      T0032    THE PRESS & SUNDAY PRESS                        92.16

  044639      10/22/07      T0036    THIS AND THAT                                  250.00

  044640      10/22/07      T0048    TILL PAINT CO/D. FITZGERALD                    153.26

  044641      10/22/07      T0067    TOWNSHIP OF UPPER PETTY CASH                    18.00

  044642      10/22/07      T0102    TROOP #79                                      300.00

  044643      10/22/07      T0131    TROUT, ROSEMARY                                150.00

  044644      10/22/07      U0010    UPPER TOWNSHIP CHEERLEADING                    300.00

  044645      10/22/07      U0038    UPPER TOWNSHIP RESCUE SQUAD                    760.80

  044646      10/22/07      V0001    VCI EMERGENCY VEHICLE                           48.74

  044647      10/22/07      V0010    VARSITY SPIRIT FASHIONS                      1,107.70

  044648      10/22/07      V0022    VERIZON                                      1,341.89

  044649      10/22/07      W0010    WELDCO LUMBER & TIM