TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - November 13, 2007
Regular and Closed Session Minutes
November 26, 2007-Regular and Closed Session Minutes
REPORT OF GOVERNING BODY MEMBERS
Wanda Gaglione, Municipal Clerk, reminded everyone about the meeting scheduled with NJ DEP and Legislators for December 11, 2007 and the NJ DOT Route 50 Bridge project meeting scheduled for December 12, 2007.
Paul Dietrich, Township Engineer, reported that he attended the Route 52 causeway bridge project meeting. He reported that currently everything is ahead of schedule and that traffic will be allowed to cross on the new structure over Rainbow thoroughfare on December 17, 2007. He also reported that they have updated their emergency detour plan, which he forwarded onto our Emergency Management coordinator. Mr. Dietrich also reported that Public Works and Recreation workers along with some of the municipal building staff attended a 700 level NIMS training session on December 10, 2007. He also reported that there is a public hearing scheduled for the Pinelands Commission on December 19, 2007 to discuss our Plan Endorsement Petition and our Land Use Ordinance along with the requirements for certification with CAFRA, with our goal to receive their approval at their January 11, 2008 Pinelands Commission meeting. He commented that once we have met all the requirements, CAFRA can certify our Ordinances at the beginning of 2008, which is the final step in getting CAFRA centers back. Mr. Dietrich requested that two part-time laborers in the Public Works Department be allowed to stay on until the beginning of 2008 to replace the laborers absent due to illness or vacation. Motion to allow two part-time laborers to stay on in an “as needed” basis with the Public Works Department by Barbara Camp, second by Frank Conrad with Committee members present voting in the affirmative.
Frank Conrad, reported that a rabid raccoon was found in the Tuckahoe area. There were no human injuries however he urged everyone to take extra precautions to deter raccoons from coming onto their property such as covering trash cans, etc.
Barbara Camp, reported that the Department of Public Works is now collecting loose leaves, weather permitting. She also reported that they did a good job clearing the roads during the last snowstorm.
Curtis Corson, reported that the preliminary budget is currently $344,000 over the cap. He also reported that the preliminary numbers for Capital Improvement is well over the cap and if the Capital Improvement were not trimmed down it would result in a local purpose tax. He reported that the budgeted amount for gypsy moth control is $300,000. Mayor Palombo commented that the Township has urged local legislators to remove gypsy moth programs from the budget cap.
Jay Newman, Motion by Jay Newman to hire Anthony Cane as a part-time EMT for the Upper Township Div. Of Medical Services, second by Frank Conrad with all five Committee members voting in the affirmative. Mr. Newman also reported on a letter he received from the Tuckahoe Fire Department requesting that Kendall lane in Tuckahoe be made a one-way street and not a two-way street as proposed by the NJ DOT in the Route 50 Bridge project plans. Township Committee directed Daniel Young, Township Attorney to draft a letter to the project manager opposing two-way traffic on Kendall Lane.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 224-2007
RE: AUTHORIZING THE HIRING OF GARY B. CRAGER AS
A SEASONAL PART TIME SKATEPARK ATTENDANT FOR THE
DEPARTMENT OF RECREATION AT AMANDA’S FIELD SKATEPARK
WHEREAS, a need exists to appoint qualified personnel as seasonal part-time employees to the Upper Township Department of Recreation to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of November 26, 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. Gary B. Crager is hereby appointed in a seasonal position effective immediately at a salary of $11.00 per hour in accordance with the Salary Ordinance.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of November 26, 2007.
Resolution No.224 -2007
Offered by: Newman Seconded by:Conrad
Adopted: December 10, 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. 225-2007
WHEREAS, certain corrections have been
recommended by the Upper Township Tax Collector in order to
make adjustments for the 2007 tax year as allowed by
N.J.S.A. 40A:5-17.1.
WHEREAS, the Tax Collector may cancel tax
Delinquencies or Tax Credits of less than $5.00
NOW, THREFORE 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.
Resolution No. 225-2007
Offered by: Corson Seconded by:Camp
Adopted: December 10, 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. 226 -2007
RE: AFFIRMATIVE MARKETING PLAN FOR THE MARKETING OF AFFORDABLE UNITS
WHEREAS, the Governing Body of Township of Upper will be petitioning the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan; and
WHEREAS, Township of Upper’s Fair Share Plan promotes an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et. seq.) and COAH’s Third Round Substantive Rules (N.J.A.C. 5:94-1, et. seq.); and
WHEREAS, the Township Committee of the Township of Upper has developed an affirmative marketing plan (see attached exhibits) which is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The township's plan will address the requirements of N.J.A.C. 5:93-11.1 et seq.; and
NOW THEREFORE BE IT RESOLVED, that subject to COAH’s approval of the plan, the Township of Upper shall adopt this plan for the marketing of affordable units; and
BE IT FURTHER RESOLVED, NJHMFA Housing Affordability Service, the Township’s Administrative Agent for all the units in Township of Upper’s affordable housing program, shall administer and enforce said plan in coordination with the Township’s Municipal Housing Liaison; and
BE IT FURTHER RESOLVED, this plan is hereby attached to the original of this resolution.
Resolution No. 226-2007
Offered by: Corson Seconded by: Conrad
Adopted: December 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ __________ __________
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
Affirmative Marketing Plan.
a. Purpose. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The township's plan will address the requirements of N.J.A.C. 5:93-11.1 et seq. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, disability, age, familial status/size, sexual orientation or national origin.
b. Affirmative marketing plan. The Township of Upper is in the housing region consisting of Atlantic, Cape May, Cumberland and Salem Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
1. Advertising and posting information.
(a) All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily and/or weekly regional newspapers/publications:
(1) Press of Atlantic City
(2) Cape May Herald
c. The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.
1. The advertisement will include a description of the:
(a) Street address of units;
(b) Direction to housing units;
(c) Number of bedrooms per unit;
(d) Range of prices/rents;
(e) Size of units;
(f) Income information; and
(g) Location of applications including business hours and where/how applications may be obtained.
2. All newspaper articles, announcements and requests for applications for low and moderate income housing will appear in the following neighborhood oriented weekly newspapers. In addition local religious publications and organizational newsletters within the region will also be requested to assist in the effort.
(a) Upper Township Gazzette
(b) Township website (www.uppertownship.com)
(c) New Jersey Housing Resource Center website (www.njhousing.gov)
(d) Packet Publications
d. The following is the location of where applications, brochure(s), signs(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region of Atlantic, Cape May, Cumberland and Salem Counties will be displayed:
1. Upper Municipal Building.
2. Cape May County Library
3. Developer's sales office.
4. Major employers in the region.
5. Workforce Investment Board offices.
e. The following is a listing of community organizations in Atlantic, Cape May, Cumberland and Salem Counties, that will aid in the affirmative marketing program, with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
1. Catholic Charities
2. American Red Cross
3. List of other community organizations maintained by Municipal Housing Liaison
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:
1. Board of Realtors in Atlantic, Cape May, Cumberland and Salem Counties
2. List of Community Organizations maintained by Municipal Housing Liaison
b. Mailing applications. Applications will be mailed to prospective applicants upon request. Additionally, while openings or waiting lists are being developed, and potential applicants solicited, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Atlantic, Cape May, Cumberland and Salem Counties:
1. Welfare or Social Service Boards.
2. Rental Assistance Office (local office of DCA).
3. Office on Aging for the Counties.
4. Housing Agency or Authority.
5. Cape May County Main Library.
6. Cumberland County Library.
7. Salem County Administrative Services Building.
8. Atlantic County Administrative Services Building.
9. Area Community Action Agencies and Community Action Programs; and
c. Selection process. The township, through an agent to be appointed ("the township's administrative agent"), shall be responsible for implementing and conducting the selection process that will be used to select occupants of the low- and moderate-income housing. Following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing. The township is ultimately responsible for administering the affirmative marketing program. The township's housing agent, in administering the affirmative marketing program, shall have the responsibility to:
1. Income qualify low- and moderate-income households;
2. Place income eligible households in low- and moderate-income units upon initial occupancy;
3. Provide for the initial occupancy of low- and moderate-income units with income qualified households;
4. Continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls;
5. Assist with advertising and outreach to low- and moderate-income households; and
6. Enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1 et seq.
d. The township's housing agent will also coordinate and provide linkage to low- and moderate-income applicants to receive counseling on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of homeownership, rental lease requirements, and landlord/tenant law. The township's housing agent will develop the waiting list and select applicants for the qualification process on a first come first served basis. The superintendent of planning within the township is the designated housing officer to act as liaison to the responsible developer(s) and the township's housing agent.
e. Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region.
f. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Upper intends to comply with N.J.A.C. 5:93-11.7; and
g. All developers of low- and moderate-income housing units will be required to assist the township's housing agent in the marketing of the affordable units in their respective developments.
h. Commencement of marketing plan. The marketing program will commence at least 120-days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary; and Reporting requirements. The responsible developer(s) will assist the township's housing agent in complying with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
For Affordable Housing in Township of Upper
I. APPLICANT AND PROJECT INFORMATION
(Complete Section I individually for all developments or programs within the municipality.)
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1a. Administrative Agent Name, Address, Phone Number
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1b. Development or Program Name, Address
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1c. Number of Affordable Units:
Number of Rental Units:
Number of For-Sale Units: |
1d. Price or Rental Range
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1e. State and Federal Funding Sources (if any) |
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1f. □ Age Restricted
□ Non-Age Restricted |
1g. Approximate Starting Dates
Advertising: Occupancy: |
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1h. County |
1i. Census Tract(s):
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1j. Managing/Sales Agent’s Name, Address, Phone Number
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1k. Application Fees (if any):
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(Sections II through IV should be consistent for all affordable housing developments and programs within the municipality. Sections that differ must be described in the approved contract between the municipality and the administrative agent and in the approved Operating Manual.)
II. RANDOM SELECTION
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2. Describe the random selection process that will be used once applications are received.
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III. MARKETING
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3a. Direction of Marketing Activity: (indicate which group(s) in the housing region are least likely to apply for the housing without special outreach efforts because of its location and other factors)
□ White (non-Hispanic) Black (non-Hispanic) □ Hispanic □ American Indian or Alaskan Native
□ Asian or Pacific Islander □ Other group:
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3b. Commercial Media (required) |
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Names of Regional Newspaper(s) |
Racial/Ethnic Identification of Readers/Audience (if known) |
Duration & Frequency of Outreach |
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Press of Atlantic City |
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Cape May Herald |
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Names of Regional Radio/TV Station(s) |
Racial/Ethnic Identification of Readers/Audience |
Duration & Frequency of Outreach |
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3c. Other Publications (such as neighborhood newspapers, religious publications, and organizational newsletters) |
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Name of Publications |
Outreach Area |
Racial/Ethnic Identification of Readers/Audience |
Duration & Frequency of Outreach |
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3d. Employer Outreach (names of employers throughout the housing region that can be contacted to post advertisements and distribute flyers regarding available affordable housing) |
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Name of Employer/Company |
Location |
Duration & Frequency of Outreach |
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3e. Community Contacts (names of community groups/organizations throughout the housing region that can be contacted to post advertisements and distribute flyers regarding available affordable housing) |
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Name of Group/Organization |
Outreach Area |
Racial/Ethnic Identification of Readers/Audience |
Duration & Frequency of Outreach |
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IV. APPLICATIONS
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Applications for affordable housing for the above units will be available at the following locations: |
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4a. County Administration Buildings and/or Libraries for all counties in the housing region (list county building, address, contact person) |
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4b. Municipality in which the units are located (list municipal building and municipal library, address, contact person) |
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4c. Sales/Rental Office for units (if applicable)
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V. CERTIFICATIONS AND ENDORSEMENTS
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I hereby certify that the above information is true and correct to the best of my knowledge. I understand that knowingly falsifying the information contained herein may affect the (select one: Municipality’s COAH substantive certification or DCA Balanced Housing Program funding or HMFA UHORP/MONI funding).
____________________________________________________________________________________________ Name (Type or Print)
____________________________________________________________________________________________ Title/Municipality
____________________________________________________________________________________________ Signature Date
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TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 227 -2007
RE: AUTHORIZING ENTERING INTO A CONTRACT WITH AN ADMINISTRATIVE AGENT FOR THE ADMINISTRATION OF AFFORDABLE UNITS
WHEREAS, the Governing Body of Township of Upper will be petitioning the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan; and
WHEREAS, Township of Upper’s Fair Share Plan promotes an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et. seq.) and COAH’s Third Round Substantive Rules (N.J.A.C. 5:94-1, et. seq.); and
WHEREAS, the Township Committee of the Township of Upper wish to enter into an agreement with New Jersey Housing and Mortgage Financing Agency (NJHMFA) Housing Affordability Service for the purpose of administering and enforcing the affordability controls and the Affirmative Marketing Plan of Township of Upper, adopted by Resolution Number 226-2007 on December 10, 2007, in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et.seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq.; and
WHEREAS, the agreement designates NJHMFA Housing Affordability Service as the Administrative Agent for all the units in Township of Upper’s affordable housing program.
NOW THEREFORE BE IT RESOLVED, that subject to COAH’s approval of this agreement, the Mayor and Municipal Clerk are hereby authorized to sign this agreement dated December 10, 2007; and
BE IT FURTHER RESOLVED, Township of Upper hereby designates the Municipal Housing Liaison as the liaison to NJHMFA Housing Affordability Service; and
BE IT FURTHER RESOLVED, this agreement is hereby attached to the original of this resolution.
Resolution No. 227 -2007
Offered by: Newman Seconded by: Camp
Adopted: December 10, 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. 228 -2007
RE: AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO SIGN A CONTRACT FOR ANIMAL CONTROL SERVICES IN UPPER TOWNSHIP
____________________________________________________________________
WHEREAS, Liam Hughes t/a South Jersey Animal Services, LLC has submitted a proposal to the Township for animal control services; and
WHEREAS, the Township wishes to accept said proposal and to authorize the execution of a contract with Liam Hughes t/a South Jersey Animal Services, LLC; and
WHEREAS, the proposed contract has been reviewed and approved by the Municipal Attorney and will be on record in the office of the Township Clerk and available for public inspection; and
WHEREAS, Liam Hughes t/a South Jersey Animal Services, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Liam Hughes t/a South Jersey Animal Services, LLC 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 Liam Hughes t/a South Jersey Animal Services, LLC 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. The Mayor and Township Clerk are hereby authorized, directed and empowered to execute a contract with Liam Hughes t/a South Jersey Animal Services, LLC to provide animal control services within the Township of Upper commencing January 1, 2008.
3. Liam Hughes t/a South Jersey Animal Services, LLC 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.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 228-2007
Offered by: Conrad Seconded by: Camp
Adopted: December 10, 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. 229-2007
RE: BUDGET TRANSFERS
WHEREAS, budgetary transfers between line items can be made after November
1st; and
WHEREAS, it is necessary to make transfers between certain line items of the
Municipal Budget of the Township of Upper:
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
&