TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Absent
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Absent
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - February 11, 2008 Regular Meeting and
Motion to approve the Minutes as written by Jay Newman, second by Frank Conrad with the three Committee members present voting in the affirmative.
He reported on the recent free rabies clinic in that there were over 150 animals inoculated. The next free clinic is scheduled for Saturday March 8, 2008.
He also discussed a letter received by a family offering to raise funds for lighting at the Amanda’s Field Hockey Rink in memory of their loved one. Mr. Corson commented that the request should also be considered by the Recreation Department. Mr. Young reported that the budget for the lighting and a scope of the project would need to be determined before the Township considers the proposal.
Mr. Conrad also reported that he received an email from a company who is interested in managing the Skate Park.
He also commented that he attended the Boy Scouts Blue and Gold Dinner for Pack 79 and the School Board meeting to present the awards for the Statewide School Bus Safety Poster Contest.
Jay Newman reminded everyone to attend the Public Information Gypsy Moth meeting scheduled for Tuesday February 26, 2008 from 7:00-9:00 P.M. at the Dennis Township Municipal Building. The meeting is being held in conjunction with Upper Township and Dennis Township. State as well as local representatives are expected to attend along with several pest control businesses that the public can use to protect their property from gypsy moth infestation.
Curtis Corson, Deputy Mayor, reported that public safety issues discussed at the recent Strathmere meeting would be addressed by the Township, such as State Police response time. Mr. Young explained that the Deputy Attorney General has asked that the documents on that matter are kept confidential. Motion by Curtis Corson, second by Frank Conrad to direct Jay Newman to look into and report on the safety issues.
Mr. Young also stated that eventually the Strathmere decision will come back to this Committee and requested that the Clerk provide to him all Minutes from the last 10 years at which Strathmere was discussed. Motion by Jay Newman, second by Frank Conrad, during roll call vote all three Committee members present voted in the affirmative.
He discussed the gypsy moth program and its impact on the budget.
He made a motion to adopt a resolution at the next meeting in support of Senate Resolution No. 50 proposing a constitutional amendment to establish an annual State appropriations cap. Motion was seconded by Jay Newman with all three Committee members voting in the affirmative.
He also stated that in addition to the Gypsy Moth meeting on Tues. Feb. 26th, the Planning Board will hold a meeting at 6PM for further discussion on the Strathmere deannexation matter.
Daniel Young, Muncipal Attorney reported on a complaint that was received wherein the Township is listed as a defendant. It is a condemnation act by the New Jersey Department of Transportation. The complaint is in reference to the Route 49 Bridge project and Upper Township was included because it has tax liens on property in that area. The value of the property the State is trying to condemn is $2,200.00. Mr. Young reported that the Township would continue to monitor the matter.
Paul Dietrich, Municipal Engineer, reported that he had on item for closed session under litigation. He also reported that the Township was close to completing all the work required at the Township Hall to bring it into compliance with the ADA Access Laws. Most repairs have been completed.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO. 037 –2008tc \l 1 " RESOLUTION NO. __021_-2002"
RESOLUTION OF COMMENDATION TO EMERGENCY MEDICAL TECHNICIANS
Judith MAY, MELISSA BLACKLEDGE, MARK BARHAM AND DOUGLAS KNOBB
of the UPPER TOWNSHIP DIVISION OF EMERGENCY MEDICAL SERVICES
AND EXTENDING TO THEM OUR SINCERE APPRECIATION
WHEREAS, the Township Committee of the Township of Upper wishes to express appreciation and convey commendations to EMS Technicians Judy May, Melissa Blackledge, Mark Barham and Douglas Knobb for their continually fine service to this community and in particular their quick response and life saving efforts bestowed upon Andrew S. Zakrzewski on December 12, 2007; and
WHEREAS, Mr. Zakrzewski believes he is alive and well today because of the quick response and life saving skills demonstrated to him by Judy, Melissa, Mark and Douglas on that date and has requested that they be publicly commended and thanked;
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 Sr. Emergency Technician Judith May, and Emergency Technicians Melissa Blackledge, Mark Barham and Douglas Knobb are publicly commended for their quick response with life saving skills as well as their compassionate medical service given to Mr. Zakrzewski during his medical emergency.
2. That this Committee, on behalf of all the citizens of the Township of Upper extend to Judy, Melissa, Mark and Douglas as well as all of our Emergency Medical Services personnel our sincerest appreciation for their fine skills, the pride they take in their work, and the compassion shown to those with emergency medical needs.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 28th day of January, 2008.
Resolution No. 037 -2008
Offered by: NEWMAN Seconded by: CONRAD
Adopted: January 28, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X____ _______ _________ ______
Conrad __X____ _______ _________ ______
Corson __X____ _______ _________ ______
Newman __X____ _______ _________ ______
Palombo __X____ _______ _________ ______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RE: HONORING MARK A. DOERR ON ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS, Mark A. Doerr, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; 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 Mark on the occasion of his receiving the designation of Eagle Scout and commends him on his completion of his Eagle Scout project, and that is the design and construction of a Butter Fly Garden in an unused, weeded area at the Upper Township Primary School; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Mark’s parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 25th day of February 2008.
Resolution No. 051-2008
Offered by: Corson Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _________ ________ __________ ____x_____
Conrad ___x_____ ________ __________ __________
Corson ___x_____ ________ __________ __________
Newman ___x_____ ________ __________ __________
Palombo _________ ________ __________ ____x_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RE: HONORING BRYAN WEISBERG ON ATTAINING THE
DESIGNATION OF "EAGLE SCOUT"
___________________________________________________________
WHEREAS, Bryan Weisberg, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; 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 Bryan on the occasion of his receiving the designation of Eagle Scout and commends him on his completion of his Eagle Scout project, and that is the installation of a new roof on the Beacon Animal Shelter building; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to Bryan’s parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Masters and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 25th day of February, 2008.
Resolution No. 052-2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _________ ________ __________ ____x_____
Conrad ___x_____ ________ __________ __________
Corson ___x_____ ________ __________ __________
Newman ___x_____ ________ __________ __________
Palombo _________ ________ __________ ____x_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 053-2008
RE: HONORING WEBELOS SCOUTS PACK 79,
GEORGE BROSS, III, ANTONIO W. GENTILINI, BRANDON HADTKE, SCOTT E. HOGAN, GUS M. JURASINSKI, TOMMY MATERA, PHILLIP W. PENTE,
DONNIE VAN METER, JACOB P. WILLIAM AND SEAN YEATS
ON ATTAINING THE ARROW OF LIGHT AWARD
______________________________________________________________
WHEREAS, the Webelos Scouts of Cub Scout Pack 79, all being residents of Upper Township, have recently achieved the Arrow of Light Award in the Cub Scouts of America, which is the highest level of advancement for a Cub Scout; 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 these graduating Webelo Scouts on the occasion of their receiving the Arrow of Light Award and commends them for this outstanding accomplishment; and it is
FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to their parents, family and friends on this happy occasion; and it is
FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout Leaders and others who give so freely and generously of their time for the benefit of our youth.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 25th day of February, 2008.
Resolution No. 053-2008
Offered by: Conrad Seconded by: Newman
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _________ ________ __________ ____x_____
Conrad ___x_____ ________ __________ __________
Corson ___x_____ ________ __________ __________
Newman ___x_____ ________ __________ __________
Palombo _________ ________ __________ ____x_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 054-2008
RE: APPOINTMENT OF BRIAN BUSHONG AND MATTHEW TAYLOR
AS LABORERS TO
THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
__________________________________________________
WHEREAS, a need exists to appoint qualified personnel as laborers to the Upper Township Department of Public Works 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. Brian Bushong, and Matthew Taylor are hereby appointed in a laborer position effective February 15, 2008 at a salary of $31,765.00, and at the completion of the probationary period their annual salary will be $34,765.00 in accordance with the Salary Ordinance.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee.
Resolution No. 054-2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ________ __________ __________ ___x______
Conrad ___x_____ __________ __________ _________
Corson ___x_____ __________ __________ _________
Newman ___x_____ __________ __________ _________
Palombo _________ __________ __________ ___x_____
6. Reimbursement of Property Taxes to a totally disabled Veteran from the effective date of disability for Lot 25, Block 562 on the Municipal Tax Map.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 055-2008
RE: REIMBURSEMENT OF PROPERTY TAXES TO A TOTALLY DISABLED VETERAN FROM THE EFFECTIVE DATE OF DISABILITY
FOR LOT 25, BLOCK 562 ON THE MUNICIPAL TAX MAP
_______________________________________________________________
WHEREAS, Susan M. Haskins is a 100% disabled American veteran residing at 2018 Rt. US 9 South, Lot 25, Block 562, on the municipal tax map of Upper Township, New Jersey; and
WHEREAS, the Department of Veteran Affairs has determined that Ms. Haskins’ 100% permanent wartime service-connected disability was effective May 11, 2007; and
WHEREAS, the Township Committee of the Township of Upper has determined that it is just and appropriate in this instance to reimburse Susan M. Haskins for real estate taxes from the assigned date of her service-connected disability; 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 of Upper shall hereby reimburse to Ms. Haskins the real estate taxes effective from the date of her eligibility, in the amount of $2297.03 on real property known as Lot 25, Block 562 on the municipal tax map.
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. 055-2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _ _x_
Conrad x ___
Corson x ___
Newman x _ ___
Palombo _ _ __ __ _x_
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 056-2008
RE: AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER INTO PROPERTY ACCESS AGREEMENTS WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION AND EXECUTE WELL PERMITS FOR THE PROPERTIES KNOWN AS OLD TUCKAHOE ROAD AND BLOCK 477, LOTS 20 AND 5.03 SO AS TO PERMIT REMEDIAL INVESTIGATION OF GROUNDWATER RELATED TO THE NEW JERSEY STATE’S PETERSBURG MAINTENANCE FACILITY
___________________________________________________________________________
WHEREAS, the New Jersey Department of Transportation has requested that the Township execute well permits for Old Tuckahoe Road and enter into Property Access Agreements for the Township owned property at Block 477, Lots 20 and 5.03 so as to permit the State to undertake a remedial investigation of the groundwater related to the State’s Petersburg Maintenance Facility; and
WHEREAS, the Township Committee of the Township of Upper has reviewed this request and finds it appropriate to execute the well permits and enter into the Property Access Agreements in this regard.
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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Mayor is authorized to execute the well permit requested by the New Jersey Department of Transportation for borings that will be performed on Old Tuckahoe Road and also enter into, on behalf of the Township, property access agreements for the State’s remedial investigation of the groundwater related to the State’s Petersburg Maintenance Facility with respect to Township owned property at Block 477, Lots 20 and 5.03.
SEQ ì_0 \* Arabic \n3. 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. 056-2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___________ __________ __________ ___x______
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___________ __________ __________ ___x______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 057-2008
RE: AUTHORIZING THE TOWNSHIP TO ENTER INTO A STATE AID AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE CONSTRUCTION OF COMPONENTS OF THE GREAT EGG HARBOR INLET TO TOWNSEND’S INLET, UPPER TOWNSHIP, NEW JERSEY SHORE PROTECTION PROJECT AND CONSTRUCTION OF A BEACH AND STORM DAMAGE REDUCTION PROJECT IN THE STRATHMERE SECTION OF UPPER TOWNSHIP
____________________________________________________________________
WHEREAS, there is an emergent need for beach replenishment in the Strathmere section of the Township; and
WHEREAS, the Township Committee of the Township of Upper finds it in the best interest of the Township to enter into a State Aid Agreement with the New Jersey Department of Environmental Protection to address this emergent situation and avoid a potentially catastrophic loss of public and private lands; and
WHEREAS, the New Jersey Department of Environmental Protection, Office of Engineering and Construction, has submitted to the Township a State Aid Agreement for the construction of components of the Great Egg Harbor Inlet to Townsend’s Inlet, Upper Township, New Jersey shore protection project, and construction of a beach and storm damage reduction project in the Township of Upper, Strathmere section, Cape May County, New Jersey, along the ocean shorefront; and
WHEREAS, the Township Committee has reviewed the contents of the said State Aid Agreement and has determined that it is in the best interest of the Township to enter into same.
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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Township Committee of the Township of Upper hereby authorizes the Mayor to enter into the State Aid Agreement with the New Jersey Department of Environmental Protection for the construction of components of the Great Egg Harbor Inlet to Townsend’s Inlet, Upper Township, New Jersey shore protection project to undertake a beach and storm damage reduction project in the Strathmere section of the Township.
SEQ ì_0 \* Arabic \n3. 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. 057 -2008
Offered by: Newman Seconded by: Corson
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____ __x___
Conrad x ______
Corson x ______
Newman x ______
Palombo __ __x___
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 058 -2008
RE: ACCEPTING THE WRITTEN INDOOR AIR QUALITY PROGRAM AND
CONFIRMING THE APPOINTMENT OF PAUL E. DIETRICH
AS AIR QUALITY CONTROL OFFICER IN CHARGE OF COMPLIANCE OF THE
PROGRAM, PURSUANT TO THE “PEOSH”, INDOOR AIR QUALITY COMPLIANCE PROGRAM UNDER N.J.A.C. 12:100-13
WHEREAS, the Township of Upper in order to comply with the Public Employees Occupational Safety and Health (PEOSH), Indoor Air Quality Standard Program pursuant to N.J.A.C. 12:100-13 adopted on May 21, 2007, has established a program which is attached as Exhibit “A”, to promote good indoor air quality for employees working in Township of Upper municipal buildings; and
WHEREAS, to further comply with the PEOSH Program for Indoor Air Quality Standards an appointment is necessary to designate a person responsible for the enforcement and compliance of the requirements of N.J.A.C. 12-100-13 and the established program policies of the Township of Upper; and
NOW THEREFORE BE IT RESOLVED, by the Governing Body of Township of Upper in the County of Cape May, and the State of New Jersey as follows:
1. The Indoor Air Quality Program, dated February, 2008 and attached as Exhibit “A” is hereby accepted by the Township of Upper.
2. Paul E. Dietrich is hereby appointed as the Indoor Air Quality Control Officer in charge of compliance of the Public Employees
Occupational Safety and Health (PEOSH) Indoor Air Quality Program for 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.
4. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of February 11, 2008.
Resolution No. 058 -2008
Offered by: Conrad Seconded by: Newman
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _________ __________ __________ ____x______
Conrad ___x______ __________ __________ __________
Corson ___x______ __________ __________ __________
Newman ___x______ __________ __________ __________
Palombo ________ _________ _________ ___x______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 059-2008
RE: AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT WITH DR. STEWART C. FARRELL/COASTAL RESEARCH CENTER OF THE RICHARD STOCKTON COLLEGE OF NEW JERSEY FOR BEACH MONITORING AND CONSULTING SERVICES OR BEACH RELATED ISSUES
___________________________________________________________________________
WHEREAS, the Township of Upper has received a proposal from Dr. Stewart C. Farrell on behalf of the Coastal Research Center of the Richard Stockton College of New Jersey, which proposal is dated November 30, 2007 and outlines services to be performed on behalf of the Township during the calendar year 2008 and provides a rate schedule for the services to be provided; and
WHEREAS, the Township Committee has considered this matter and has determined that it is in the best interest of the Township to authorize a Professional Services Contract as hereinafter provided; and
WHEREAS, the Township Solicitor has determined that the services to be provided are professional services and that a Contract may be awarded without competitive bid; and
WHEREAS, the Treasurer has certified the availability of funds to permit the Township to enter into a Professional Services Contract; and
WHEREAS, A Business Entity Disclosure Certification is not required since this contract is with an agency of the state government; 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 proposal of Dr. Stewart C. Farrell of the Coastal Research Center of the Richard Stockton College of New Jersey (hereinafter collectively referred to as “Contractor”), dated November 30, 2007, is hereby accepted, subject to the provisions of this Resolution. A copy of said proposal is attached hereto as Exhibit “A”.
3. The Mayor and Township Clerk are hereby authorized, directed and empowered to enter into a Professional Services Contract with the Contractor aforesaid for a one (1) year term commencing January 1, 2008. Said Agreement shall be prepared or approved by the Municipal Attorney for the Township of Upper. The Township Clerk is further authorized, directed and empowered to seal said Contract with the seal of the Township of Upper.
4. The Township Clerk shall cause a Notice of Award of this Contract to be published in the official newspaper of the Township as required by N.J.S.A. 40A:11-5.
5. This Contract is a Professional Services Contract and has been awarded without competitive bidding for the following reasons:
(A) The services required are highly specialized or technical in nature;
(B) The services require peculiar ability or skill, and demand a high degree of specialized knowledge or expertise;
(C) The services required are professional services and/or unspecified extraordinary services within the meaning of N.J.S.A. 40A:11-5(a);
(D) The individual who will provide these services has demonstrated his competence and particular expertise in the services required; and
(E) The services to be provided are such that their nature, scope and duration are not capable of precise measurement, but rather require a flexibility and discretion that render competitive bidding impractical and inefficient.
6. A certified copy of this Resolution shall be provided to the Contractor.
7. This Resolution shall take effect immediately provided, however, that the Contract awarded herein shall become effective January 1, 2008.
Resolution No. 059- 2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x____
Conrad x ______
Corson x ______
Newman x ______
Palombo __x____
TOWNSHIP OF UPPERPRIVATE
R E S O L U T I O N
Resolution No. 060-2008
TAX CORRECTIONS
_______________________________________________________________
WHEREAS, certain corrections have been recommended
by the Upper Township Tax Collector in order to refund monies or cancel taxes,
NOW, THEREFORE BE IT RESOLVED, by the Township Committee
of the Township of Upper, Cape May County, that corrections to the Tax records are hereby
authorized and the Tax Collector is hereby directed to correct said records or take such
action as indicated on the attached sheet:
Resolution No. 060-2008
Offered by: Newman Seconded by: Conrad
Adopted: February 25, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ ____x______
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo __________ __________ __________ ____x______
BLOCK/LOT AMOUNT NAME & ADDRESS
453/80.09 $551.10 Nature Conservancy
200 Pottersville Rd
Chester, NJ 07930
Property sold to USA/ exempt by CBA for Nov. & Dec. 2007
REFUND 2008
653.02/14 $50.00 Title Co. of Jersey
RE: Linda Jackson Account
701 West Ave
Ocean City, NJ 08226
Refund NSF fee, it was already paid.
319/27 508.62
Property deeded to the Township.
ORDINANCES
12. Public Hearing and Final Adoption of ORDINANCE NO. 002-2008, RE: ORDINANCE TO AMEND CHAPTER 7, SECTION 7-3.7, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER ENTITLED “LICENSED VEHICLES ONLY”. The purpose of this ordinance is to amend the section regarding issuing dumpster permits. Instead of requiring the application to go before the Township Committee, the Municipal Engineer may authorize the permits. Mr. Young discussed a minor typographical error he corrected in the ordinance. During the public comment section of the hearing there were no speakers. Motion to adopt Ordinance No. 002-2008 by Jay Newman, second by Frank Conrad with the three members present voting in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 002-2008
RE: ORDINANCE TO AMEND CHAPTER 7, SECTION 7-3.7, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER ENTITLED “LICENSED VEHICLES ONLY”
_____________________________________________________________________
BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May, State of New Jersey as follows:
SECTION 1: Chapter 7, Section 7-3.7, of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, is hereby amended as follows:
7-3.7 Licensed Vehicles Only.
a. Unchanged.
b. No dumpsters or other devices used to contain construction materials or debris shall be parked on any public street or alley without issuance of a prior permit for such activity. Such permit shall be issued by the Township Zoning Officer following the filing of an application for same and the review and recommendation of said permit by the Township Engineer. The application shall indicate the exact location and length of time requested for parking. Upon recommendation of the Township Engineer the Township Zoning Officer may issue a permit for a specific space for a maximum of thirty (30) days. Said permit shall be renewed for an additional thirty (30) day period up to a maximum of one hundred eighty (180) days. The Township Zoning Officer may deny any such application upon the recommendation of the Township Engineer if such denial is in the best interest of the health, safety and welfare of Township residents or if there would be a significant negative impact on traffic circulation. Any such denial may be appealed to the Township Committee, and after a hearing, on notice to the applicant indicating the applicant has the right to appear and participate in the hearing, the Township Committee may either uphold the denial or issue the permit.
c. Unchanged.
SECTION 2: Should any section, clause, sentence, phrase or provisions of this Ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION 3: All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.
SECTION 4: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
SECTION 5: CODIFICATION: This Ordinance shall be codified in Chapter 7 of the Upper Township Code commencing at 7-3.7.
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 28th OF January, 2008 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 25th DAY OF February, 2008 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
TOWNSHIP OF UPPER
CAPE MAY COUNTY
ORDINANCE
ORDINANCE NO. 003-2008 RE: CALENDAR YEAR 2008
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Township Committee of the Township of Upper in the County of Cape May finds it advisable and necessary to increase its CY 2008 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Township Committee hereby determines that a 1.0% increase in the budget for said year, amounting to $85,103.42 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Upper, in the County of Cape May, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2008 budget year, the final appropriations of the Township of Upper, shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $297,861.97, and that the CY 2008 municipal budget for the Township of Upper be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
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 25TH OF FEBRUARY, 2008 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 1ST OF APRIL, 2008 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
14. 2008 BUDGET Introduction of the 2008 Budget.
Motion to introduce the Budget with public hearing and final adoption on April 1, 2008. Motion by Jay Newman, second by Frank Conrad with all three members voting in the affirmative.
CORRESPONDENCE
15. Richard Stockton Coastal Research Center-Final Report for 2007.
Report duly noted.
16. Request from Antique Outboard Motor Club and South Jersey Railroad Museum to use the Tuckahoe Beach on May 10th, 2008, 7am to 3pm. Motion by Frank Conrad, second by Jay Newman to approve request. During roll call vote all three Committee members present voted in the affirmative. An insurance certificate will be provided by the club prior to the event taking place.
17. Thomas Breazeale: request for refund of fees for building permit #07-0360 for Block 636, Lot 34. Motion by Curtis Corson, second by Frank Conrad to approve request. During roll call vote all three Committee members present voted in the affirmative. A resolution will be placed on a future meeting date.
18. Eustace Eggie, IV: Request to purchase Township owned land, Block 497, Lot 18, 19, 20 & 22. Mr. Eggie owns a home on Elmwood Avenue on an undersized lot. His property surrounds the lots he is requesting to purchase. Lot 22 is under a Township tax lien and can not be sold until foreclosure is complete. Motion to sell lots 18, 19 and 20 to Mr. Eggie, by Jay Newman, second by Frank Conrad with all three Committee members present voting in the affirmative. As is the procedure for land sales, Mr. Eggie will be required to provide an appraisal of lot value prior to an ordinance introduction.
UNFINISHED BUSINESS: