All right. In compliance with the open public meeting law, I wish to state that on November 7th, 2025, notice of the meeting of the upper township committee was posted on the official township bulletin board, the upper township website, emailed to the Atlantic City Press, the Ocean City Sentinel ledger,
the Herald Times, and filed with the township clerks. Tonight's be meeting is being video recorded up until the close session portion meeting and will be available on the upper township website. I hereby direct this announcement be made part of the minutes of the meeting.
Will you please call the role? >> Mr. Cachio >> here. >> Mr. and Mr. Sam are absent. Mr. Zo >> here >> present. So, uh, will you please stand for the pledge?
>> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Has everybody had an opportunity to review the minutes from the last
meeting? >> Yes. >> Motion to approve. >> Second. Please call the RO. >> Mr. Cassaceio, >> yes. >> Mr. >> Yes. >> Yes. >> Okay. Reported governing body members. This is going to be a little shorter
tonight than normal, I think. Uh Tyler, you have anything for us tonight? >> I do, Mayor. I just want to thank everyone for the support. Last Tuesday was election day. Um, Victor and I obviously ran on the post, but we appreciate all the continued support from the township and uh look forward to
uh productive, exciting three years going forward here. Um, tomorrow, November 11th, is Veterans Day. There'll be a ceremony uh at Osprey Point tomorrow at 10:00 a.m. It's going to be very cold, so they're going to have the ceremony inside, which will be nice for
everyone. I encourage anyone who's available to attend. Um, mayor, lastly, today the assignment judge approved our shared services agreement with Woodbine Court system. Um, in anticipation for them to start with us in January of 2026.
Very excited to bring in the burrow of Woodbine here, especially after losing uh, Dennis Township last year. So, looking to make up some revenue loss there with Woodbine and growing our partnership there. >> And that's all I have. >> Thank you, Tyler. Zach, do you have anything for us tonight? >> Um, I do. I want to first say happy
birthday to the Marine Corps. Uh this being the 25th uh 250th anniversary for that. I also want to thank our veterans. Uh unfortunately I will not be able to attend the Veterans Day uh ceremony tomorrow. But I also want to put my thanks out to those who have served and
continue to serve. Um just from a public works aspect uh on the 17th they are starting to do the leave uh pickup. So anyone who has their leaves out into the street that's when the first target date will go out. The first will start at Beastley's Point and move south and then
another one will start at Loot Court and move north. Uh there will be multiple rounds of this and that the leaf pickup will go through all the way straight through to the second week in December. Uh in addition to public works uh we uh
had a productive meet meeting myself with myself, Miss Ludy and Mayor Corson and Jimmy uh on regards to our bonding and also possible purchases that need to have happen in the next near future. Uh
public works has a number of m machinery repairs that have to be done and replaced. Uh, and I know that there are also some special ticket items that have been circulating around and I'll let the mayor talk further on that. >> Well, just like Zach said, we had a
meeting and we can do a bond almost every meeting if he wanted to. We're not going to bond for any projects though unless we have quotes prices or we're shovel ready because in the past bonds have lang lingered out there for
entirely too long. We bonded x amount of dollars. By the time the project came to a fruition, it had doubled or tripled in price and we have to start process anyhow all over. So we are going to be proactive and we
might bond more often than normal or township has in the past but we're going to be more diligent about >> more efficient for sure. >> More efficient for sure. Um, and like my colleague said, I look
forward to the Osprey Veterans Memorial. As a Army veteran, I look forward to it every year and I enjoy seeing it, enjoy being there, and it's very nice for our community. Also, uh the 12th ann annual community night
is November 12th, Wednesday, and that is sponsored by our business association, and it will be held from 5:30 to 7:30 at the Upper Township Elementary School. Also,
next week we have our annual holiday tree lighting ceremony at town hall. It will be at 7 pm or not next week but next meeting which will be November 24th at 7 pm. So we encourage the community
to come out. There will be special guest appearance by Santa Claus. Obviously, the Cape Shore Corral Chorus will be there and then upper town middle school choir band and a presentation by the Ocean City Rotary
Club for the citizen of the year. So, it's quite a night out. We look forward to it and expect to see as many people there as possible. Other than that, I think Wednesday or Friday we have uh the round table of
mayors for the uh community county hosted by Desidario. I plan on attending that and I think probably one of the main topics will be speech replenishment if I had to guess. So there will be more on that tonight. On
our consent agenda, you'll see we have a uh resolution I said I didn't make or discussion. >> Oh, close session. Okay. >> We're talking about hiring in close
session. We're going to talk about it. >> Yeah. I got to look at my colleagues first. I have met with a consulting firm who is a lobbyist at the national level. So, we were going to talk about it in close session and our next meeting hopefully there'll be a resolution to
hire a consulting firm for uh beach replenishment >> and any federalally funded >> and any federally funded projects to include sewer, water and USDA stuff. But the primary focus is beach replenishment
for us. So that's all I have at this time and we will move to Joanne. Do you have anything? >> John, do you have anything? >> Yeah, just a couple of quick announcements. Mayor, so uh on your consent agenda number 13, shared service
agreement with Salem County Improvement Authority that's being pulled tonight. Uh my understanding is there's some um language that they want to discuss before we move forward with entering into that agreement. So we have to work that out. Uh so we're going to pull it from the agenda tonight. And then we're going to also add another item to the
consent agenda and we can do this as a number 29. Uh and it's the resolution that we just authorized during the workshop related to the uh setting the date and time of the 2026 reorg meeting for January 5th at 6 PM. So those two will be added to or that will be added.
That's it. >> Do you have any for tonight? >> I have nothing this evening. Thank you. >> All right. That was pretty quick. Moving to uh public comment. Is there anyone in the public that would like to comment on any
items on our agenda? Agenda items only at this time. Hearing no public comment on any of our agenda items, we will close the public portion at this time and move on to agenda. All consent agenda items listed
below are routine in nature and will be enacted by one motion. If the mayor or any member wish a considered separately >> motion to approve consent agenda second please call the >> Mr. Mr. person.
>> Yes. >> Ordinances. We have a public hearing and final adoption of ordinance number 7.25, an ordinance amending chapter 10, section two, lead inspection in residential dwellings of the municipal code of >> At this time, we'll open it up to the
public. Is there anybody within the public that would like to comment on number seven, 2025? >> State your name for the record. >> Elsie Jameson in Seville. Uh I just want to know what is being changed with this
lead base P addendum. So we're my understanding there's we're only putting this in place in order to I believe this was the one with the fee increase. Correct. So we what we needed to do was um we the township uh charges individuals to have these required
inspections by state statutes completed. What we were amending was upping the fee charges so that the township's not incurring any cost themselves and instead it's on the applicant that's paying for this. >> Got So that's really the the crux of what we needed to do through this amendment. >> Okay. Thank you.
>> Is there anyone else in the public that would like to talk about ordinance number seven of 2025? >> Hearing no public input on ordinance number seven. Any more public input on seven 2025? We'll close the public portion and move for motion to adopt.
>> Motion adopt number seven of 2025. Second, please call the RO. >> Mr. Kachio, >> yes. >> Yes. >> Yes. >> Number 30. Public hearing and final adoption of ordinance number 8, 2025 and ordinance amending chapters 19 and 20 of
the municipal code of upper township to abolish the upper township zoning board of adjustment and to grant the upper township planning board the powers formerly held by the upper township zoning board of adjustment pursuant to New Jersey land use. >> Sorry to mouth.
I guess at this time does anybody on the board have any questions? >> John, do you >> No. No. I think we're all understanding where we're at now. Um this is obviously something that's authorized to be done under the municipal land use law. Um most towns when they do it do it for
efficiency purposes, but you can do it for any number of reasons. Uh went through the first reading. We referred this to the planning board for row recommendation obviously as um we're here tonight for the second reading and adoption. It came back uh that the planning board reviewed this and they were fine with what we're proposing to
do. So, at this point, it's up to you guys to make a final decision as to moving forward with it. Okay. At this time, we'll open it up to the public. Is there anyone in the public that would like to address ordinance number eight of 2025? Seeing hearing no public comment, we'll
close the public portion and move for a motion to adopt. Motion to adopt number eight of 2025, ordinance number eight, 2025. >> Second, please call the role. >> Mr. Paceio, >> yes. Mr. >> Yes. >> Yes.
>> We have the introduction and first reading of ordinance number 10, 2025, an ordinance amending revisitation of the municipal code of a public hearing for December 8. And just to just to give the committee a little bit of information on this. So
obviously one of the reasons that we sought to do this at the um request of our municipal engineer was we noticed that there was a I guess a lack in our prior ordinance of any real language related to application and escro fees to be incurred by applicants. Um instead it
was the township that was incurring a lot of the costs that are otherwise sometimes put on private individuals who are making these requests. This changes that. This puts the onus on those individuals for application, escro fees, etc. Another thing that we added to this chapter um just sort of timing was fertuitous in a sense was we had a
discussion recently related to a process for which speed humps would be considered by the committee. Um so that is now added as part of this section the process which we put in place related to a public petition etc. So all of those things are putting into a revised chapter 13. That's what's in.
>> All right. So at this time we'll entertain a motion on ordinance number 10 of 2025 to introduce and have our public hearing on December 8th. >> I'll introduce the motion for public hearing for ordinance number 10, 2025. >> Second call.
>> Mr. Kachio, >> yes. >> Yes. >> Okay. 32. Introduction and first reading of ordinance number 11, 2025. authorizing the sale of land to a portion of lot 455, lot 29 to the state of New Jersey Department of Transportation.
>> And this is basically on the southwest corner of 610 and Route 50. The township owns a lot there that's overgrown in wood and they need to buy a portion of it for improvements. And I actually think from looking at it, it's not going
to encompass anything more than what's already cleared and they maintain. you might clear a little bit more and maintain a little bit more, but it's a very small portion of the lot. >> And mayor, I'll just add uh and I've had attempted communications with the Department of Transportation on this. I
just want some clarity from them. Sort of in a sense unusual. They're seeking just a small portion of this otherwise fairly large lot, but there's no subdivision or anything like that proposed. So, I'm working with them to just figure out from their standpoint whether they believe they can do this without the need for that. And in the
event that we do need to do it, we just want to ensure that they're the ones that are going to handle it. So, it's fine to introduce. Um, but should anything come up that changes between now and the second reading, obviously have the committee know of that. >> So, at this time, we'll entertain a motion to introduce ordinance number 11 of 2025
for final hearing scheduled for December 8th. >> I'll make the motion for number ordinance number 11 of 2025. >> I will second that. Call the role. >> Mr. Kachio. Yes. >> Yes. >> Country women's club
at the township center on March 21st. >> I'll make the motion second. >> Please call the >> request. August 15,6 >> we had the historical preservation society request to install sheds
>> Sam and I met with the historical society prior to our last meeting when Mr. Van Slike was there. I don't know if you were there John or not. >> I was not. And what they've requested, they have uh permanent display space
that they've turned into storage. And so they want to try to clean out the old barn so it's more of a display. They want to build like a period looking shed, two sheds actually in a lean tube to but they need our permission because
it's our property. So, I'd like to entertain a motion that we approve it granting any and all other government agency approvals deemed necessary. >> What they're proposing free sh >> Yes. Lean two shed and two freestanding
sheds. >> So, that would be my motion. I'd like to grant the approval pending any and all other government agency approvals. >> I'll second the motion. >> Mr. Mr. >> Yes.
>> Yes. Number 36, we have a 2025 div >> Barbara. >> Okay. Um we have um a dividend. We received a notice from the GIF that we have a dividend coming back to us this year, $29,664.
We can we can do a number of things with it. Um we can take that $29,000 and apply it to our uh bill for next year for the GIF. We can receive that back in a check to us directly. We can deposit it in our loss contingency fund or we
can split any combinations. Our loss contingency fund, as some of you may know, um we currently have uh 180 182 184,000 in it. Um this is a fund um
that we keep um actually the GIF holds for us and it can be used for um any expenses that we have unexpected expenses maybe that come up. Um I would recommend that we that we put the
$29,000 back into our loss contingency fund if you are in agreement with that. I think we need to be very diligent with our loss contingency fund because we have a pending litigation matter that we are
>> we have resolved with that with that >> well we have a verbal agreement that's been >> out there since >> um that's to the tune of 125,000 so >> and that's
>> resolving itself so um I think >> we to follow Barbber's recommendation and put it in our loss contingency fund. We need to do that in a form of motion. >> Thank you. >> Unfinished business. We have our noise or this discussion.
>> So just continue. I know when we left the last meeting, um there was a request by a member of the public and then the committee to kind of take a look at some of the other Kate May County noise ordinances for other neighboring municipalities that are within Kate May County as opposed to outside. Um there
was a packet of information that I did send off to HV with noise ordinances from the towns located within Kate May County and how each of them handle noise. Uh not surprisingly, everybody handles it differently, right? because it's within the perview of every municipality to do so. Um, so you saw
things from Kate May, you know, which has a specific noise ordinance just generally related to noise, a separate noise ordinance, I won't even call it noise ordinance, but separate ordinance related to licensed premise um, for alcoholic beverage consumption, things of that nature. A lot of towns have both of those. Um, what I thought was
somewhat striking, our nearest island community, Ocean City, just over the bridge, um, they have a noise ordinance that provides for quiet hours between 10 and I believe 8 a.m., which is what we're proposing through ours. They have the same plainly audible standard of 100 feet in their ordinance that we're
otherwise proposing through ours. So, similar to how they do it, is what we're proposing. Um, but again, every town was different. So, there was no consensus that it's nine o'clock across the board. There's certainly no consensus that it's 10 o'clock. It's really up to you guys to make a decision to that effect.
>> Well, our proposed ordinance is written at 10 o'clock. >> Correct. >> I think that's an acceptable standard. And I'm familiar with the New Jersey campground code, for example, and their quiet time is 11, which I don't think that's reasonable in the resort community, nor do I think it was reasonable in the camping community, but
that people are older and earlier, but that's >> um so mayor that was that was one part of it. And then I know informally we've discussed potentially adding to this. There was a particular clause in the proposed redline ordinance related to construction standards times that
construction is otherwise allowed days that it's allowed. So if you want to elaborate on that >> in talking with residents and other communities I saw in our we had construction standard construction time and I'm very concerned about our resort
residential. It's obviously one of our higher dens density communities. Right now, Labor Day to Memorial Day, you are allowed to work
on Saturdays from 7:00 a.m. to 9:00 p.m. Um, Sunday from 9:00 a.m. to 6 pm. I think it's uh when just because of the nature of the
community, there's no time off. If the job can't be done in a 40hour week, I don't think working weekends in that density is really helping. If it's adds another two, three weeks to the project, I really don't care. Maybe the the developer should have or
builders should have thought about that when they bid the job. I think when you have high density, you have problems. If somebody out in the more rural section of the township wants to work seven days a week, I don't think it's an impact, but it is an impact on the resort
communities such as Strathmir, such as Beasley's Point Development. We're proposing a multi-million dollar development. Maybe the first people in there for years are going to have to deal with it seven days a week construction. That's not fair.
Um, I just think if we have an opportunity now, I think Saturday, Sunday and holidays and with the workforce, I mean, you look at Thanksgiving, a lot of our workforce today doesn't celebrate the same holidays we do. Um, they might may want
to work on a holiday. You own a a multi-million dollar resort community home, you can't even enjoy it on a holiday because the builder doesn't celebrate the same holiday or the people doing the construction don't celebrate 4th of July
or the other holidays if we as Americans celebrate. >> So what we can do may I it sounds like are you just attempting to you're looking to just curtail this to those two zones the resort residential and resort commercial zones in terms of >> and would it essentially be no
constructions on the weekends? No construction >> weekends and holidays. >> Weekends and holidays. >> I I think we could probably curtail that a little. I think as a builder, weather, disaster, unforeseen circumstances. I think we should probably leave Saturday alone.
Um, Sunday I have no problem with probably >> Well, see the problem is I I actually initially thought of that too, but one of the problems with the resort community, what day's turnover? >> Saturday. >> So, there's already parking issues on Saturday. We're going to hit construction vehicles, too.
>> Yeah, I I understand that. >> I don't I don't I don't punishing the contractor as far as >> punishing the contractctor. >> That's the way I look at it. >> It's still going to happen whether it's takes three weeks later longer. >> Yeah. Well, time is money to people and
to force them to be delayed. >> We're not bid, they can bid accordingly. >> I agree with you. I don't think I don't think I think Sunday is totally fair game. I think Saturday should be left. That's my >> Okay, Jack.
into this more than just to go on that. I kind of see both sides of the coin. >> Okay. So, >> we'll further amend >> we'll carry this forward till I guess >> and I I guess I I'll ask too in terms of timing when construction is permitted.
Are you looking to change I we we have Labor Day through Memorial Day, you know, not before 7 am not after 900 pm Monday through Saturday. Um and then it's you know changes obviously during the season. So, do you want to set a uniform type of time frame or are you
okay with leaving these time frames in place? >> That mirrors our landscape ordinance. >> Okay. >> I will >> I mean, we don't allow landscapers 24 hours a day, seven days a week. Why would Why do we want construction in Paul driving and demolition
>> in a resort community? I'm not just You either have a resort community or you don't. So, I'll further amend Redline and I'll send you guys an updated draft. It's a work in progress. We're working through this. >> Yes. Sorry to de labor, but
>> it's all right. Like I said, I'm happy I'm happy. >> I think I'm happy with your suggestion for Sunday. I am. I just >> as a contractor myself, you're working through the week, stuff happens. You want to get that job done Saturday. You don't want to have to wait till the following week Monday.
>> I would like to balance that a little better. >> Would you would you agree with holidays though? Yes. >> Holidays and Sundays I have no issues with. >> Okay. >> Right now holidays are carved out during the summer months. >> I think they should be year round. I mean, right now I know and that's that's the difference. >> Thanksgiving if if if and I'm not saying
that I celebrate Thanksgiving. I said I'll celebrate Columbus Day, but there's there may be people that don't, >> right? >> It's I mean tomorrow is a national holiday and that's one of those ify holidays, but it's it's you know I celebrate it but there's people that
work tomorrow and I get there's businesses open, some aren't, but it's not >> and I don't know what the standard is. I mean, I guess we need to list national holidays. I mean, obviously, >> I think we have official holidays listed right now. >> I I think I think Easter and Christmas
are pretty standard, right? And I'm not saying emergency work if somebody if there's obviously we're back to the weekends. If there's a plumbing issue and somebody's purse, pipe burst or yes, they should be entitled to or have a >> electrical problem, septic problem. I
mean that's an e situation meteor construction you're not talking >> right right now we exclude emergency work >> we exclude emergency work roadway work authorized by the township DOT or the county or beachfill operations right those are carved out already >> but I mean somebody shouldn't be on Sunday afternoon or Saturday afternoon
in my opinion coming down and working on a short community house that let's say there's five foot from the property line there's so there's a neighbor 10 foot away and they're pounding sight and you just rented the for I don't know you you're you're blue collar guy you run
the place maybe you're paying 810 $10,000 a week and yeah that's what you want to listen to seven days a week I right now you're allowed to do that >> I have a problem with that you should be able to get two days a week off if 40 hours a week is enough >> I will further amend and send that out
for further discussion that's all I've got on that All right. >> Would somebody like to make a motion on the >> I hereby move that all claims submitted for payment at this meeting be approved and then incorporated the full in the minutes of the meeting.
>> I'll second the motion. I have to abstain on one bill tonight. Uh 25-00615. Other than that >> and I have to abstain on 006525-01726. [Music] >> So because they're different you guys
can still prove this. >> Please call the roll. >> Mr. >> Yes, except for my >> Yes, except for my estate. >> Yes. >> At this time we'll open it up to the public. Is there anyone in the public
that would like to address the township committee >> on any subject? >> Yes, sir. Please state your name for record. >> How you doing? My name is Spencer Bells. Uh I am a lifelong resident of Upper Township and I would like to applaud you
guys for your meeting uh your last meeting two weeks ago for um you know understanding and and recognizing the value and the benefits of incorporating cannabis businesses regulated cannabis businesses into Upper Township. Um I've been working in the regulated industry for over seven and a half years. I
started in May of 2018 at Compassionate Care Foundation in Egg Harbor Township when there were only four dispensaries throughout the entire state. I also called during the public comment period in uh I think it was July or August of 2021 when Upper Township had the opportunity to opt in or opt out of
allowing these businesses in Upper Township and uh you know vocalized my my disagreement for voting no which I understand some of the the concerns at that point in time. >> I voted no. >> What's that? >> I voted no. I am well aware of that and
uh I'm very very grateful that a lot of your concerns have been proven over the last three and a half plus years of legal sales to not be you know legitimate concerns. We haven't seen an increase in crime or violence in the state of New Jersey from regulated cannabis sales which does not require
additional police enforcement you know like you were you know justifiably concerned about. Um but I appreciate that you guys are starting to see a lot of the value and a lot of the benefit of incorporating this into our town. Um, not only does this benefit us by increasing tax revenue, creating jobs,
bringing ancillary businesses benefits like restaurants and gas stations, um, but it also helps to diversify what we're doing here in Upper Township. As you guys were just talking about, we are, you know, adjacent to and incorporated with some of the, uh, the tourist areas by capturing a lot of that
business that comes down Route 50 and Tahoe Road into Roosevelt Boulevard, as well as being, you know, right off of multiple parkway exits here. That's a massive, massive opportunity for Upper Township to drive tax revenue, further fund our municipality, most importantly our schools, which unfortunately have
gone through a lot of funding cuts over the uh the past year, let alone years. So, I just wanted to, you know, share my appreciation for you guys for for doing so. I think that there are the utmost opportunities here to allow one retailer, as you guys specified. I think that that is the the most strategic and
comfortable place to start while also allowing multiple cultivators and manufacturers if not >> I don't know what you the last the only thing we did at our meeting at the last meeting was we authorized a resolution to hire a cannabis attorney. That's all
we did. >> No, but you had also mentioned allowing one cannabis retailer to test it out. I know that that you know the ink is not dry. That's not in writing yet, but >> Yeah. you obviously were privy to a meeting I wasn't at. >> I I I was reading it from the press of Atlantic City, you know. So again, I'm
not saying that any of this exists on paper. I'm not saying that that is the path forward. I was just expressing my support to allow one retailer and multiple cultivators and manufacturers. The tax revenue from the cultivators and manufacturers could be pretty substantial for upper township. And it's something that 90% of the community
would not know even exists here. Retail is a little bit different. And that's why I was applauding, you know, the the proposed concept of allowing one for a two-year period to see how that goes. So again, not saying that anything exists or anything happens, just expressing my support for this m municipality for
recognizing the opportunities at hand here. That's all. >> Right. Thank you. >> Thank you. Is there anyone else in the public would like to address the tax committee? >> Hearing no public no more public input, we will close the public portion and entertain a motion to go to close
session. >> Make a motion to go to close session. And I hereby move that a resolution be incorporated into the minutes authorizing the township committee to enter into executive session for the following matters pursuant to open public meetings act. One, personnel.
Two, contract negotiation special legal counsel. Three, contract negotiation Warwick group consultants. Four, contract negotiation Cape Assist. I also include my motion the estimated time and circumstances under which the
discussion conducted in close session can be disclosed to the public as followed. A. It is anticipated that the matters discussed in the closed session may be disclosed to the public upon the determination of the township committee that the public interest will no longer
be served by such confidentiality. B. With respect to the employment and personnel matters, such discussions will be made public if and when formal action is taken or when the individuals involve cons consent that is made to be can be made public. C. With respect to contract
negotiations, such matters will be made public when negotiations have ceased and there is no longer reason for confidentiality. >> Second, please call the role. >> Mr. Catacio, yes. >> Mr. We're going to take a couple minutes
here.