TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
BUDGET WORKSHOP-immediately following the regular meeting.
CALL TO ORDER
ROLL CALL
Barbara Camp Absent
Frank E. Conrad Present
Curtis Corson Present
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 - January 5, 2007 Reorganization and
January 8, 2007 Regular Meeting and
Frank Conrad, reported on a visit he made to the Atlantic City Utilities Solar-Wind Farm. He felt it is worth investigating alternative uses and that there were costs savings possible by using these other technologies. The State is developing programs to help municipalities and school districts utilize these new technologies. The use of this technology will greatly increase in the near future. There was discussion of incorporating wind turbines in our Zoning Ordinance.
He also reported that he attended the School Bus Safety Poster contest and helped to judge the entries.
Richard Palombo, Mayor, reported that the Township was granted substantial funds for the Municipal Alliance (MAC) program, which is operated jointly with Upper Township and Ocean City. The total grant of $62,738, is used to continue the crusade to help our children say “no” to drugs by providing programs such as the “Hooked on Fishing”, Red Ribbon Day, hosting dances and the prom, and other fine programs.
Daniel Young, Municipal Attorney, discussed memos in the meeting package regarding the Gypsy Moth Spray program. Mr. Young recommended that the schools be notified as to when the spraying would take place. There is a concern as to what day the spraying would occur and it was stipulated that no spraying would take place when the school busses are running. The Mayor discussed that the State proposed using the insecticide Dimilin in some areas, and questioned its safety.
Mr. Young also reported that he received a notice of appeals from Superior Court Appellate Division whereby Cape May County sued the Department of Transportation to force some kind of action on the Beesley’s Point Bridge situation. The suit requests that the bridge be reopened and acknowledges that the NJDOT has a responsibility of maintaining state highways to insure adequate transportation. The county asks for support of the suit.
Paul Dietrich, Municipal Engineer, discussed the proposal for the Planner, Maser Consulting, at the last meeting. The proposal for services of Zoning Ordinance Amendments shows they prepared an amount not to exceed $10,000, based on their time spent. The other was for the update of the Housing Plan and Mr. Dietrich is waiting for that figure.
1. Honoring Webelos Scouts of Cub Scout Pack 79, on attaining the Arrow of Light Award, Alexander J. Schoedler, Jonah M. Butler, Tyler P. Carroll,
Anthony J. Mirallegro, William J. Eisele, IV, Brendan G. Kane, Kevin M. Birk, Shaun M. O’Connor, and Jack T. Kane.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 029-2007
RE: HONORING WEBELOS SCOUTS OF CUB SCOUT PACK 79,
ALEXANDER J. SCHOEDLER, JONAH M. BUTLER, TYLER P. CARROLL, ANTHONY J. MIRALLEGRO, WILLIAM J. EISELE IV, BRENDAN G. KANE, KEVIN M. BIRK, SHAUN M. O’CONNOR, JACK T. KANE
WHEREAS, the Webelos Scouts of Cub Scout Pack 79, have recently achieved the Arrow of Light Award, 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 Webelos 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 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 22nd day of January, 2007.
Resolution No. 029-2007
Offered by: Conrad, Seconded by: Newman
Adopted: January 22, 2007
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. 030-2007
RE: CONFIRMING THE APPOINTMENTS OF DEBORAH J. DORE AND RONALD E. HALLAM, JR. AS PART-TIME EMPLOYEES
OF THE UPPER TOWNSHIP DIVISION OF EMERGENCY MEDICAL SERVICES
________________________________________________________________
WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Division of Emergency Medical Services to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of January 8, 2007; 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. Deborah J. Dore is hereby appointed as a member of the Division of Emergency Medical Services in a part-time position effective immediately at a salary of $12.00 per hour.
3. Ronald E. Hallam, Jr. is hereby appointed as a member of the Division of Emergency Medical Services in a part-time position effective immediately at a salary of $12.00 per hour.
4. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of January 8, 2007.
Resolution No. 030-2007
Offered by: Newman Seconded by: Corson
Adopted: January 22, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___________ __________ __________ ____X_____
Conrad ___X_______ __________ __________ __________
Corson ___X_______ __________ __________ __________
Newman ___X_______ __________ __________ __________
Palombo ___X_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 31-2007
RE: RESERVE BUDGET TRANSFERS
WHEREAS, various 2006 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2006 budget appropriation reserve in the last two months of 2006, and
WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Upper that the transfers in the amount of $12,000.00 be made between the 2006 budget appropriation reserves as follows:
TO FROM
STREET LIGHTING O/E MUNICIPAL COURT S/W
$ 12,000.00 $ 4,387.77
PURCHASE TTL’S
$ 1,000.00
TIPPING FEES
$ 6,612.23
Resolution No. 31-2007
OFFERED BY: Corson SECONDED BY: Palombo
Adopted: January 22, 2007
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. 032-2007
RE: APPOINTMENT OF CAPEHART SCATCHARD, P.A.
TO ACT AS SPECIAL LEGAL COUNSEL
___________________________________________________________________________
WHEREAS, the Township requires legal counsel to provide legal services regarding employment law and labor law related issues; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, Capehart Scatchard, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that Capehart Scatchard, P.A. has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit Capehart Scatchard, P.A. from making any reportable contributions through the term of the contract; 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. Capehart Scatchard, P.A. with offices at 8000 Midlantic Drive, Suite 300, Mount Laurel, New Jersey is hereby appointed Special Legal Counsel to handle matters regarding employment law and labor law issues as well as other matters as directed by the Township Committee.
3. This contract shall have a commencement date of January 1, 2007 and shall continue for the length of time necessary for completion of the aforesaid legal services, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Capehart Scatchard, P.A. has professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Capehart Scatchard, P.A. for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
5. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Capehart Scatchard, P.A. in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be effective as of adoption.
Resolution No. 032-2007
Offered by: Conrad Seconded by: Newman
Adopted: January 22, 2007
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. 033-2007
RE: APPOINTMENT OF GEORGE B. NEIDIG, JR. TO
ACT AS SPECIAL LEGAL COUNSEL REGARDING MATTERS IN WHICH THE
REGULAR TOWNSHIP SOLICITOR MAY HAVE A CONFLICT OF INTEREST
__________________________________________________________
WHEREAS, the Township requires legal counsel to provide legal services in the event a conflict of interest arises in regard to the services provided by the regular Township Solicitor; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, George B. Neidig, Jr., Esquire has completed and submitted a Business Entity Disclosure Certification which certifies that George B. Neidig, Jr., Esquire has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit George B. Neidig, Jr., Esquire from making any reportable contributions through the term of the contract; 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. George B. Neidig, Jr., Esquire with offices at 2123 Dune Drive, Avalon, New Jersey is hereby appointed Special Legal Counsel to handle matters in which the regular Township Solicitor has a conflict of interest as well as other matters as directed by the Township Committee.
3. This contract shall have a commencement date of January 1, 2007 and shall continue for the length of time necessary for completion of the aforesaid legal services, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because
George B. Neidig, Jr., Esquire has professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to George B. Neidig, Jr., Esquire for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
5. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with George B. Neidig, Jr., Esquire in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be effective as of adoption.
Resolution No. 033 -2007
Offered by: Newman Seconded by: Conrad
Adopted: January 22, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___________ __________ __________ _____X____
Conrad ___X_______ __________ __________ __________
Corson ___X_______ __________ __________ __________
Newman ___X_______ __________ __________ __________
Palombo ___X_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 034 -2007
RE: AMENDING RESOLUTION NO. 224-2006 REGARDING
BUDGET TRANSFERS
WHEREAS, budgetary transfers between line items can be made after November 1, and
WHEREAS, it is necessary to make transfers between certain line items of the Municipal Budget of the Township of Upper; and
WHEREAS, Resolution No. 224-2006 was adopted on November 13, 2006 and contained an inadvertent error; and
WHEREAS, this resolution amends and correctly restates the intended terms and
provisions of Resolution No. 224-2006.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Upper as follows:
1. The following transfers between line items in the Municipal Budget of the
Township of Upper shall be made immediately.
TO FROM
GROUP INSURANCE EMPLOYEES SPECIAL LITIGATION
$ 20,000.00 $ 11,550.00
CELEBRATION PUBLIC EVENTS GYPSY MOTH O/E
$ 2,000.00 $ 15,000.00
W/C INSURANCE PREMIUMS BEACH PATROL S/W
$ 11,550.00 $ 10,000.00
1ST AID ORGANIZATION O/E RECREATION S/W
$ 2,500.00 $ 500.00 CONSTRUCTION O/E
$ 500.00
CROSSING GUARD S/W
$ 500.00
Resolution No. 034-2007
OFFERED BY: Corson SECONDED BY: Conrad
Adopted: January 22, 2007
ROLL CALL VOTE:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ ____X______
Conrad _X________ __________ __________ __________
Corson _X_________ __________ __________ __________
Newman _X_________ __________ __________ __________
Palombo _X_________ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 035 -2007
RE: AMENDING RESOLUTION NO. 235-2006 REGARDING
BUDGET TRANSFERS
WHEREAS, budgetary transfers between line items can be made after November 1, and
WHEREAS, it is necessary to make transfers between certain line items of the Municipal Budget of the Township of Upper; and
WHEREAS, Resolution No. 235-2006 was adopted on December 11, 2006 and contained an inadvertent error; and
WHEREAS, this resolution amends and correctly restates the intended terms and provisions of Resolution No. 235-2006.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Upper as follows:
2. The following transfers between line items in the Municipal Budget of the
Township of Upper shall be made immediately.
TO FROM
GROUP INSURANCE EMPLOYEES SPECIAL LITIGATION
$ 30,000.00 $ 20,000.00
MUNICIPAL CLERK S/W CODIFICATION ORDINANCES O/E
$ 4,500.00 $ 4,500.00
ZONING/CODES S/W FINANCIAL ADMIN. S/W
$ 577.00 $ 10,000.00
CROSSING GUARD S/W TAX COLLECTION S/W
$ 350.00 $ 4,000.00
1ST AID ORGANIZATION S/W ASSESSMENT OF TAXES S/W
$ 5,000.00 $ 4,000.00
GARBAGE & TRASH O/E RD. REPAIRS/MAINTENANCE S/W
$ 5,000.00 $ 10,000.00
COMP. ACCUMULATED ABSENCES RECYCLING S/W
$ 25,000.00 $ 50,000.00
ROAD REPAIRS/MAINTENANCE O/E GARBAGE & TRASH S/W
$ 50,000.00 $ 15,000.00
BLDG. & GRDS. O/E RECREATION S/W
$ 8,060.94 $ 15,000.00
1ST AID ORGANIZATION O/E MUNICIPAL COURT S/W
$ 10,000.00 $ 1,500.00
LIQUIDATION TTL’S
$ 1,000.00
DOG REGULATION O/E
$ 3,000.00
BEACH PATROL S/W
$ 487.94
Resolution No. 035-2007
OFFERED BY: Corson SECONDED BY: Conrad
Adopted: January 22, 2007
ROLL CALL VOTE:
NAME YES NO ABSTAINED ABSENT
Camp ____________ __________ __________ ____X____
Conrad __X_________ __________ __________ __________
Corson __X_________ __________ __________ __________
Newman __X_________ _________ __________ __________
Palombo __X_________ _________ __________ __________
the current Official Tax Map of the Township of Upper, Cape May County, New Jersey.
Motion was made by Jay Newman, second by Frank Conrad to introduce Ordinance No. 002-2007 with Public Hearing set for February 26, 2007 at 4:00 P.M. During roll call vote all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 002-2007
AN ORDINANCE VACATING PORTIONS OF FIRST AVENUE AND LINCOLN BOULEVARD AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY
______________________________________________________
WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and
WHEREAS, Richard Broschard and Sharon Broschard are the owners of individual tax lots in Tax Block 466 on the current Official Tax Map of the Township of Upper and have requested that the Township vacate certain unimproved streets described in this Ordinance and have agreed to incur all costs and expenses associated therewith; and
WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to construct said sections of roadway; and
WHEREAS, it is deemed to be in the public interest to vacate unimproved portions of First Avenue and Lincoln Boulevard within the Township of Upper, as hereinafter provided.
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: The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:
DESCRIPTION
FOR THE VACATION OF
THOSE UNIMPROVED STREETS
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY:
A. FIRST AVENUE: That portion of First Avenue from Garfield Boulevard to Broschard Way abutting Block 464, Lots 1 and 2 and Block 465, Lots 1 and 2 and from Broschard Way to Lincoln Boulevard abutting Block 466, Lots 1 and 2 and Block 467, Lots 1 and 2 to the dead end at the property line of Block 472, Lot 3 as shown on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey. No portions of Garfield Boulevard, Broschard Way and Lincoln Boulevard shall be vacated by this Ordinance.
B. LINCOLN AVENUE: That portion of Lincoln Boulevard from the intersection of First Avenue abutting Block 472, Lots 2 and 3 and Block 466, Lots 2, 4, 6, 8, 10, 12 and 14 and terminating at Block 466, Lot 16.
SECTION 2: EXCEPTION: This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described.
SECTION 3: COSTS: Richard Broschard and Sharon Broschard must pay to the Township Clerk all costs and expenses associated with this street vacation prior to the final adoption of this Ordinance.
SECTION 4: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22nd OF January, 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 26th DAY OF February, 2007 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
9. Introduction and First Reading of Ordinance No. 003-2007 Re: An Ordinance vacating that portion of Pine Road abutting Block 653.01, Lot 5 and Block 651, Lot 5 as the same appear on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey.
Motion was made by Curtis Corson, second by Frank Conrad to introduce Ordinance No. 003-2007 with Public Hearing set for February 26, 2007 at 4:00 P.M. During roll call vote all four Committee members present voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 003-2007
AN ORDINANCE VACATING THAT PORTION OF PINE ROAD
ABUTTING BLOCK 653.01, LOT 5 AND BLOCK 651, LOT 5 AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY
______________________________________________________
WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and
WHEREAS, SPC#2, LLC t/a Scarborough Properties is the developer of individual tax lots in Tax Blocks 653.01 and 651 on the current Official Tax Map of the Township of Upper and has requested that the Township vacate a certain unimproved street described in this Ordinance and has agreed to incur all costs and expenses associated therewith; and
WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to construct said sections of roadway; and
WHEREAS, it is deemed to be in the public interest to vacate unimproved portions of Pine Road within the Township of Upper, as hereinafter provided.
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: The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:
DESCRIPTION
FOR THE VACATION OF A PORTION
OF AN UNIMPROVED STREET
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY
BEING all that certain lot, tract or parcel of land situate in the Township of Upper, County of Cape May and State of New Jersey bound and described as follows:
BEGINNING at a concrete monument found at the intersection of the Southwest line of Pine Road and the Northwest terminus of the same (33 feet wide); and extending thence
1. North 52 degrees 18 minutes 30 seconds East, along the said terminus of Pine Road, a distance of 33.00 feet to a point in the Northeast line of Pine Road; thence
2. South 37 degrees 41 minutes 30 seconds East, along the same, a distance of 61.98 feet to a point in the same; thence
3. South 48 degrees 48 minutes 01 seconds West, crossing Pine Road, a distance of 33.06 feet to a point in the Southwest line of Pine Road; thence
4. North 37 degrees 41 minutes 30 seconds West, along the same, a distance of 64.00 feet to the POINT OF BEGINNING.
Containing 2,078 square feet.
BEING A PORTION of Pine Road in the Township of Upper to be Vacated.
SECTION 2: EXCEPTION: This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described.
SECTION 3: COSTS: SPC#2, LLC t/a Scarborough Properties must pay to the Township Clerk all costs and expenses associated with this street vacation prior to the final adoption of this Ordinance.
SECTION 4: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22nd OF January, 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 26th DAY OF February, 2007 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
10. Office of Smart Growth-Draft Staff Report and Plan Implementation Agreement on the Upper Township Petition for Plan Endorsement. Mayor Palombo reported that our Petition for Plan Endorsement is on the January 24th agenda of the Office of Smart Growth for discussion, and he anticipates a recommendation for acceptance. This is the meeting at which the Smart Growth technical staff presents their recommendations to the Plan Implementation Committee (subcommittee of the Plans Committee). If the Plan Implementation Committee supports the plan it would recommend that the plan go to the full Planning Commission on February 21, 2007. The NJ Department of Environmental Protection would then have 90 days to approve our CAFRA Centers. During that 90-day period the Township will have to approve the environmental assessment ordinance and the land use ordinances proposed in the Master Plan Reexamination and Land Use Element.
NEW BUSINESS
11. Request from the Church of the Resurrection to hold on premises 50/50 raffle on 2/24/2007 ( RA 313). Motion by Jay Newman, second by Curtis Corson to grant request to hold raffle. During roll call vote all four Committee members voted in the affirmative.
UNFINISHED BUSINESS:
Both requests were discussed together. Mr. Georgetti is requesting to purchase Township owned property to add to his existing lot in order to build a garage. There were three lots that prevented him from owning the entire block, Lots 3 & 4, and Lot 31. Mr. Georgetti has recently purchased Lot 31 for $3500. Lots 3 & 4 are in foreclosure and cannot be conveyed at this time.
Mr. Georgetti stated that it is his intention is to purchase all of the lots in Block 625 and would do so now if they were available.
Mr. Young discussed the second issue and that is that Mrs. Townsend wishes to exchange lots in Block 584 for other lots in Block 625. She owns a few of the lots in Block 584, and she holds the lien on a few others. She stated that she expects final judgment on the liens within 60 to 90 days. Mr. Young advised the Committee that they couldn’t sell or exchange property that is not owned.
Mr. Young summarized the situation by saying that Mr. Georgetti owns contiguous property in Block 625 and has agreed to purchase 1-2, 5-8, 26-34. Mrs. Townsend is asking to trade lots she does not have clear title to and asking us to trade lots the Township does not have clear title to. Mr. Young advised not to entertain the sale of Block 625, Lots 3 & 4 to anyone until the final judgment, and not to entertain the request for the lot exchange because neither party, (the Township or Mrs. Townsend) have title to many of the lots requested.
Mr. Georgetti acknowledges that consolidation with his lots would be a condition of sale and that the property would be sold at fair market value; he would be the only contiguous landowner so there would not be a land auction. The appraisal was prepared prior to the sale of lot 31 which sold for $3500. Mr. Young commented that the Committee is not bound to Mr. Georgetti’s appraisal from Metro Appraisal Co., which listed the lots at a lower figure than the lot 31 sale figure.
There was more discussion with Mrs. Townsend about whether a house could be constructed on that section of Block 625 if her request were granted. Mrs. Townsend is objecting to Mr. Georgetti constructing a garage on that property. It was discussed that Mr. Georgetti may need variances because the parcel would have multiple front yards. It was also discussed that there are other lots in the area that would be suitable for an exchange with Mrs. Townsend when the foreclosures are finalized. Motion was made by Jay Newman, second by Curtis Corson to approve Mr. Georgetti’s request, subject to the following: 1. Obtaining another appraisal from a company chosen by the Township, and 2. That the starting bid be at least $3500 per lot. During roll call vote all four Committee members present voted in the affirmative.
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 Frank Conrad with the four Committee members present voting in the affirmative.
Bills submitted for payment: $213,179.83
Payroll: $145,666.28
Reports are available in the Clerk’s Office.
PUBLIC COMMENT
W. Scott Georgetti, asked about the next procedure to purchase the Township property discussed earlier in the meeting. Mr. Young will make arrangements for another appraisal with a minimum bid of $3500 per lot. Mr. Georgetti stated that $3500 was an excessive amount per lot. A title search would be ordered. Mr. Georgetti will be responsible for all charges.
Roberta Townsend, asked if Mr. Georgetti would be allowed to place a garage on this property. The Committee answered that it was unclear at this time, that Mr. Georgetti would find out when he goes to get the building permits. There was discussion about lot 32.
Marilyn Singleton, Seaville, discussed a letter she previously sent to the Committee regarding sign violations and that some businesses were unfairly treated. The Mayor stated that the letter and pictures were turned over to the Zoning Officer; she was directed to look into the matter and make sure everyone is in compliance. Mrs. Singleton stated that her letter may have been misconstrued, that her intention was that businesses need their signs because they are losing business. The Mayor stated businesses are an important part of the Township and asked that the Planning Board look into the ordinance for possible amendments.
Ray Lepps, Marmora, also commented on the signs in the Township. He also discussed a television show on global warming and suggested the generating plant use windmills. Mr. Conrad commented more on his visit to the Atlantic City Utilities. There was discussion of adding wind turbines as a permitted use in the Zoning Ordinance.
Elizabeth Bergus, Strathmere, discussed that a resident in Strathmere was prohibited by the NJDEP to install a windmill.
CLOSED SESSION
Motion to close the regular portion of the meeting and go into an executive session, by Frank Conrad, second by Curtis Corson with all four Committee members present voting in the affirmative.
Motion was made by Curtis Corson, second by Frank Conrad to hire Theresa Smuz as a full time Clerk Typist to the Finance Office, effective 2/2/2007; and to hire Michele Johnson as a full time Assessing Clerk to the Tax Assessors’s Office , effective 3/1/2007. During roll call vote the four Committee members present voted in the affirmative.
Motion was made by Curtis Corson, second by Frank Conrad to approve and sign contracts for Municipal Attorney Daniel Young; and for Conflict Attorneys Joseph Bentley and George Neidig. All five Committee members present voted in the affirmative.
ADJOURNMENT-of the regular meeting
There was a ten-minute break before the Budget Workshop commenced.
BUDGET WORKSHOP
The worksheets incorporated into these Minutes show the changes made for this evening.
The Mayor asked Mr. Corson for his report. Mr. Corson discussed an addendum received from the Recreation Department showing an $11,000+ figure for an automatic floor scrubber, and wall repairs in the gym. These items will be placed in with Capital Improvements. Presently we are approximately $16,000 over cap. The Committee reviewed each item for possible reductions.
Under Engineering Services-Smart Growth Expenses-the figure was raised to $30,000.
First Aid Organization, the figure for Other Expenses was changed to $69,715.
Mr. Corson commented that the State of New Jersey has indicated there would be no funding available to aid municipalities in a Gypsy Moth spray program. Approximately 2300 acres in Upper Township have been deemed needing the spray, of this 6.5% is State owned, 9.1% is actual Township owned property and the balance is privately owned by approximately 1700 residents. Other costs would be notification of the 1700 residents, postage alone would be close to $1000. Mr. Corson stated that the spray areas include certain neighborhoods because residents sent in complaints and the NJ entomologist investigated only those areas. Only a portion of the Township is included in this acreage and he considers it a private service. In addition, the State is recommending a double application. The Mayor is also concerned with the shift in the pesticide from Bt to Dimilin, and its safety. Mr. Corson feels that in light of the cost involved and that State and Federal agencies cannot contribute any aid toward a spray program, the homeowner should take responsibility for their property because it is not a service the Township is providing for every homeowner. He commented that to spend $112,000 and only accommodate 1700 residents is not money well spent. The Mayor commented that in the past we had the opportunity to be reimbursed by the State, in addition Municipal State Aid has also been cut and our job is to determine how best to allocate the funds we do have. We do have the responsibility to spray the Township owned property. Mr. Corson stated that he personally contracts with a company to spray his property to protect his trees. It was discussed that neighborhoods could go together and hire a contractor. Liability to the Township, exposure to children waiting at bus stops and tree damage were also discussed. The figure was omitted.
Public Buildings & Grounds-Other Expenses-figure changed to $147,000. The $10,000 increase to be used in case Township property needs to be sprayed.
Recreation-almost no increase in this Department. Uniforms were discussed in that a standard uniform is provided and the separate teams can upgrade at their expense.
Street Lighting-figure changed to $170,000. Mr. Newman reported that the Rescue Squad will perform a survey of the Township to identify any streetlights needing repair. Outages will be reported to the Clerk’s Office.
Insurance-It was discussed that the Liability figure was reduced for this year.
Total Operations figure is $8,187,447.
There was discussion on aid figures to fire and rescue squads, and of the affect on the budget with the removal of the spray program figure.
There was discussion of Curre