TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR  DECEMBER 10, 2007

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAG    

 

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

Motion by Jay Newman, second by Frank Conrad to approve the Minutes as written.  During roll call vote three Committee members voted in the affirmative, Barbara Camp and Richard Palombo abstained.

 

November 26, 2007-Regular and Closed Session Minutes

Moved by Jay Newman, second by Frank Conrad to approve the Regular Minutes as written and Closed Session minutes with one correction. The correction being that Barbara Camp was in attendance at this meeting. During roll call vote four Committee members present voted in the affirmative. Curtis Corson abstained.

 

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.

 

OTHER REPORTS

 

RESOLUTIONS

 

1.      Authorizing the hiring of Gary B. Crager as a seasonal part-time Skatepark Attendant for the Department of Recreation at Amanda’s Field Skatepark.

 

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___    __________   __________   __________

 

2.      Cancel credit or tax balance up to/including $5.00.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

Resolution No. 225-2007

 

RE: CANCEL CREDIT OR TAX BALANCE UP TO/INCLUDING $5.00

 

                        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__    ___      _________      ____

 

 

3.      Affirmative Marketing Plan for the marketing of affordable units.

 

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.)

 

1a.  Administrative Agent Name, Address, Phone Number

 

 

 

 

1b. Development or Program Name, Address

 

 

 

 

 

1c.

Number of Affordable Units:

 

Number of Rental Units:

 

Number of For-Sale Units:

1d. Price or Rental Range

 

From $

 

To $

1e. State and Federal Funding Sources (if any)

1f. 

        □  Age Restricted

 

        □  Non-Age Restricted

1g. Approximate Starting Dates

 

Advertising:                                               Occupancy:

1h. County

1i. Census Tract(s):

 

1j. Managing/Sales Agent’s Name, Address, Phone Number

 

 

 

 

1k. Application Fees (if any):

 

       

 

(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

 

2. Describe the random selection process that will be used once applications are received.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. MARKETING

 

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:

 

3b. Commercial Media (required)

Names of Regional Newspaper(s)

Racial/Ethnic Identification of Readers/Audience (if known)

Duration & Frequency of Outreach

 

Press of Atlantic City

 

 

 

Cape May Herald

 

 

 

 

 

 

 

 

 

 

Names of Regional Radio/TV Station(s)

Racial/Ethnic Identification of Readers/Audience

Duration & Frequency of Outreach

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3c. Other Publications (such as neighborhood newspapers, religious publications, and organizational newsletters)

Name of Publications

Outreach Area

Racial/Ethnic Identification of Readers/Audience

Duration & Frequency of Outreach

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3d. Employer Outreach (names of employers throughout the housing region that can be contacted to post advertisements and distribute flyers regarding available affordable housing)

Name of Employer/Company

Location

Duration & Frequency of Outreach

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

 

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)

Name of Group/Organization

Outreach Area

Racial/Ethnic Identification of Readers/Audience

Duration & Frequency of Outreach

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. APPLICATIONS

 

Applications for affordable housing for the above units will be available at the following locations:

4a. County Administration Buildings and/or Libraries for all counties in the housing region (list county building, address, contact person)

 

 

 

 

 

 

 

 

4b. Municipality in which the units are located (list municipal building and municipal library, address, contact person)

 

 

 

 

4c. Sales/Rental Office for units (if applicable)

 

 

 

 

V. CERTIFICATIONS AND ENDORSEMENTS

 

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

 

 

 

 

 

4.      Authorizing to enter into a contract for an Administrative Agent for the administration of affordable units.

 

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_____    ________  ________   ________

 

 

5.       Authorizing the Mayor and Township Clerk to sign a contract for Animal Control Services in Upper Township.

 

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                                            ____    

 

 

  1.  Budget Transfers.

                                                                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                                                                             

                                        &