TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Absent
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - July 23, 2007 Regular Meeting and
Motion to approve the Minutes as written by Curtis Corson, second by Jay Newman with the four Committee members present voting in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad reported on the annual canoe race and Duathlon recently held in Tuckahoe. He reported the canoe race was a great success and the turn out was the best it has ever been.
Curtis Corson, Deputy Mayor discussed a letter received from the New Jersey American Water Company. He reported that the water company would be painting the Strathmere water tower at the request of the Strathmere Improvement Association. The water company has asked the Township if they would like to have Strathmere painted on the tank. Mr. Corson made a motion for the Township Clerk to draft a letter to make a formal request asking the Water Company to paint “Welcome to Strathmere, Upper Township” on the tank, second by Jay Newman with all four Committee members present voting in the affirmative. He also reported on the potential expansion of the water system and that he, as well as Committeeman Newman would meet with the Water Company to discuss this further. Mr. Corson also reported on a compliment he received from a Petersburg resident on the fine job the Upper Township EMS did in response to a recent call for their mother.
Jay Newman, reported that the Upper Township Rescue Squad Division of EMS responded to 130 calls in the month of July. Mayor Palombo also commented that an EMS is stationed at the Strathmere Lifeguard Station based on certification requirement from the South Jersey Lifeguard Association.
Mr. Newman also reported that the Upper Township Indians Football teams have started their practices and that 173 children have signed up for this program.
Richard Palombo, Mayor made a motion to hire Brian Bushong as a part-time seasonal employee to the Department of Public Works, motion second by Mr. Newman. During roll call vote all four Committee members present voted in the affirmative. He also discussed the Strathmere Beach Monitoring report and reported on the loss of beach area at Tecumseh and Vincent Roads and that a major storm at this time could be devastating to that area. He stated that the Township continues to work with Sea Isle City in efforts to attract a Federal beach replenishment program and expressed his concern of the lack of Federal money for these projects. Mayor Palombo also reported that he and Mr. Corson attended the gypsy moth meeting sponsored by Assemblyman Jeff Van Drew, Upper Township, and Dennis Township that was held recently. He commented that the attendance of Upper Township residents was very good. He stated that the gypsy moth problem has been growing in leaps and bounds the last few years; in the year 2005, 50,000 acres in New Jersey were defoliated by gypsy moths; in 2006, 125,000 acres were defoliated; and in 2007, 320,000 acres were defoliated. He also noted that State Legislators are making every effort to have funds for gypsy moth spray programs removed from the local Budget CAP. He also noted that the State recommended that the Township use ground spraying. He stated that ground spraying should be cautiously considered because of potential effect on ground water. Upper Township will be working with Dennis Township on this matter for next year’s program. The State Entomologist will inspect the Township in late fall or early winter. There was also discussion that Upper and Dennis would hire a professional Forester to help assess the situation.
Mayor Palombo also reported on the State of New Jersey’s security plans and requirements for municipal courts and that the Township was considering the purchase of video conferencing equipment. Frank Conrad made a motion to authorize the purchase of video conferencing equipment for the courtroom. He reported the equipment was budgeted for last year, motion second by Curtis Corson. During roll call vote all four Committee members present voted in the affirmative.
Paul Dietrich, Municipal Engineer requested authorization to advertise for bids for the grading of the baseball fields at Amanda’s Field Recreation Complex. All four Committee members present voted in the affirmative. Mr. Corson commented that the money for this project would come from the Capital Improvement Fund for Recreation.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO. 162-2007
RE: CONGRATULATING EMPLOYEE THOMAS WOOLLEY OF
THE DEPARTMENT OF PUBLIC WORKS FOR HIS WINNING ENTRY IN
THE UPPER TOWNSHIP SAFETY AWARD PROGRAM
FOR THE 3RD QUARTER OF 2007
WHEREAS, employee Thomas Woolley is recognized for his efforts to promote safety for his fellow employees and residents of the Township through his participation in the Upper Township Safety Award Program with a submission of a safety suggestion; and
WHEREAS, Tom’s safety suggestion was chosen by the Upper Township Safety Committee from the four entries submitted this quarter for the promotion of safety for employees and the community; and
WHEREAS, Tom should be publicly recognized for his safety suggestion of “repairing protruding sign post sticking out of the ground that poses a possible body penetration hazard”;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. That this Committee extends its appreciation and publicly recognizes Tom on his commitment to safety by his identifying a potential hazard and presenting a solution through participation in this program.
2. That this Committee, on behalf of their fellow employees and the citizens of the Township of Upper extend to Thomas Wooley our congratulations and present him with the “Safety Day Award” of one day off with pay.
BE IT FURTHER RESOLVED, that this Committee also recognizes and extends appreciation to the following employees for their safety suggestions submitted this quarter and encourages their further participation:
Barbara Young Barbara Grund
Robert Young, Jr.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 6th day of August, 2007.
Resolution No. 162-2007
Offered by:Newman Second by:Conrad
Adopted: August 6, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ______ _______ _________ ___x__
Conrad __x___ _______ _________ ______
Corson __x___ _______ _________ ______
Newman __x___ _______ _________ ______
Palombo __x___ _______ _________ ______
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 163–2007
RE: RESOLUTION AFFIRMING THE TOWNSHIP OF UPPER’S
OPPOSITION TO THE SALE, LEASE OR OTHER LIQUIDATION OF THE NEW JERSEY TURNPIKE, THE GARDEN STATE PARKWAY AND THE
ATLANTIC CITY EXPRESSWAY
____________________________________________________________________________
WHEREAS, at paragraph 75 of the fiscal year 2008 Budget of the State of New
Jersey adopted by the Legislature the following language appears: "There are appropriated such sums as may be necessary for legal and engineering fees, financial advisors and other consultants and services associated with, as well as any other costs determined necessary in preparation for, the monetization, sale, or lease of public assets ….”; and
WHEREAS, this language was requested by the Governor so that he may pursue
the sale or lease or other liquidation of the New Jersey Turnpike, the Garden State Parkway and the Atlantic City Expressway, or the creation of a new State bureaucracy in an attempt to deal with spiraling state debt; and
WHEREAS, other states such as Indiana and Texas, facing similar budgetary
shortfalls, have resorted to leasing their toll roads to private entities in exchange for a much-needed cash infusion to fund state debt and state services, which efforts have proven to be a detriment to the taxpayers; and
WHEREAS, it has been indicated that tolls on these roadways would be required to increase annually faster than the rate of inflation in order to finance this liquidation scheme, thus resulting in a direct tax increase upon the citizens and business owners of the First District and the State in connection with family travel, commuting and delivery of goods services; and
WHEREAS, in New Jersey the Governor has made it clear that it is his intention to sell or lease or mortgage through something called "monetizing", these important State assets, particularly entering into an agreement for the sale or lease or other liquidation of the New Jersey
Turnpike, Garden State Parkway and the Atlantic City Expressway as a means of raising revenue for the State; and
WHEREAS, the Garden State Parkway and the Atlantic City Expressway are
vital corridors to the State's transportation system, widely traveled by residents of the First District, and particularly critical for evacuation purposes during emergencies and coastal storms; and
WHEREAS, any sale or lease of the New Jersey Turnpike, as well as the Garden
State Parkway and the Atlantic City Expressway could result in a major increase in toll charges for the use of the State's toll roads and unduly jeopardize the quality of the State's transportation system as the State would no longer have the ability to ensure reasonable tolls, provide well-maintained highways and facilities and safe motoring for all those using the toll roads; and
WHEREAS, any sale or lease of the New Jersey Turnpike, the Garden State Parkway and the Atlantic City Expressway could result in increasing the volumes of tractor-trailer traffic on non-toll roads in the region increasing the hazard to passenger vehicles and resulting in an increase in local property taxes to deal with the increased costs of roadway and bridge maintenance; and
WHEREAS, placing the transportation network of the State of New Jersey into private hands or the hands of a shadow-public corporation where profit is valued above safety is not in the best interests of the residents of this State; and
WHEREAS, a toll road sale scheme is a one-shot gimmick that will not achieve long-term financial stability for the state and could relinquish control of our roadways for as long as 75 or more years; and
WHEREAS, it is altogether fitting and proper for Upper Township to express
its opposition to the sale or lease or other liquidation of the New Jersey Turnpike, the Garden State Parkway, and the Atlantic City Expressway.
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. Any sale or lease or other liquidation of the New Jersey Turnpike, the Garden State Parkway, and/or the Atlantic City Expressway would unduly jeopardize the quality of the State's transportation system and the safety of our citizens by increasing volumes on non-toll roads in the region.
2. Further, the State would no longer have the ability to ensure reasonable tolls, provide well-maintained highways and facilities and safe motoring for all those using the toll roads.
3. Further, critical evacuation routes for citizens of the First District would be outside the control of state and local officials, thus jeopardizing the safety of thousands of men, women and children.
4. The liquidation of these state assets will result in annual toll increases and property tax increases associated with maintaining battered local roadways, which the Township Committee adamantly opposes.
BE IT FURTHER RESOLVED, The Township of Upper, by way of this Resolution, expresses its opposition to the sale or lease or other liquidation of the New Jersey Turnpike, the Garden State Parkway and/or the Atlantic City Expressway.
BE IT FURTHER RESOLVED A copy of this Resolution shall be forwarded to Governor Jon Corzine; the Commissioner of the New Jersey Department of Transportation and Assemblymen Nelson Albano and Jeff Van Drew. It is acknowledged that Senator Nicholas Asselta has voted against the plan and voiced his opposition; nevertheless, a copy shall be sent to his office as well.
Resolution No. 163–2007
Offered by: Conrad Seconded by: Newman
Adopted: August 6, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ _____x____
Conrad ____x______ __________ __________ __________
Corson ____x______ __________ __________ __________
Newman ____x______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 164-2007
RE: IN SUPPORT OF THE EFFORTS OF THE COUNTY OF CAPE MAY AND THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION TO OPEN THE BEESLEYS POINT BRIDGE
__________________________________________________________
WHEREAS, the Beesleys Point Bridge was closed to all vehicular traffic on or about June 24, 2004 and to date remains closed; and
WHEREAS, the closure of the Beesleys Point Bridge has caused and will continue to cause severe transportation and emergency evacuation problems; and
WHEREAS, the closure of the Beesleys Point Bridge creates a dangerous condition by severely reducing emergency evacuation routes and by extending emergency vehicle response time to and from hospitals in Atlantic County; and
WHEREAS, the closure of the Beesleys Point Bridge is an extreme hardship to the citizens who use the bridge to travel between Atlantic County and Cape May County; and
WHEREAS, the Township of Upper has become aware of a joint plan by the County of Cape May and State of New Jersey Department of Transportation to open the bridge and solve this emergent regional transportation problem; and
WHEREAS, the Township Committee of the Township of Upper wishes to express its support for the joint efforts of the County of Cape May and the State of New Jersey Department of Transportation in the immediate opening of the Beesleys Point Bridge; 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:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Township Committee of the Township of Upper hereby supports the actions of the County of Cape May and the State of New Jersey Department of Transportation in their joint effort to immediately open the Beesleys Point Bridge to alleviate this severe regional transportation problem.
SEQ ì_0 \* Arabic \n3. A copy of this Resolution shall be forwarded to the Cape May County Board of Chosen Freeholders, the Atlantic County Board of Chosen Freeholders, the City of Somers Point, Senator Nicholas Asselta, Assemblyman Jeff Van Drew, Assemblyman Nelson Albano, Governor Jon S. Corzine and the Commissioner of the New Jersey Department of Transportation.
SEQ ì_0 \* Arabic \n4. 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. 164 -2007
Offered by: Palombo Seconded by: Newman
Adopted: August 6, 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. 165–2007
RE: ACCEPTING THE BID OF AND AUTHORIZING THE
EXECUTION OF A CONTRACT WITH ARAWAK PAVING COMPANY, INC.
OF HAMMONTON, NEW JERSEY
FOR THE 2007 PAVING PROGRAM, AT A COST OF $234,900.00
___________________________________________________________________________
WHEREAS, the Township of Upper solicited bids for the 2007 Paving Program, which bids were received on July 17, 2007; and
WHEREAS, the aforesaid bids were thereafter reviewed by the Township Engineer;
WHEREAS, the Township Engineer has submitted a recommendation to the Township Committee with respect to the award of said bids; and
WHEREAS, the Chief Financial Officer of the Township of Upper has certified the availability of funds attached hereto as “Exhibit A” in a sufficient amount to award a contract for $234,900.00, the line item appropriations to which the contract will be charged are Account Numbers 7-01-44-900-646-611 and 7-01-44-900-621-611; and
WHEREAS, the Township intends to take formal action awarding the bid to the lowest responsible bidder as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby accepts the bid submitted by Arawak Paving Company, Inc. of 7503 Weymouth Road, Hammonton, New Jersey 08037, for the 2007 paving program, in the amount of $234,900.00, subject to the following:
(A) The Bidder shall comply with all Bid Documents, including the Notice to Bidders, all of which are hereby incorporated herein by this reference.
(B) The Contract to be entered into must comply in all respects with applicable federal, state and local laws and regulations.
(C) The Bidder 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.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder and/or the Chief Financial Officer is hereby authorized, directed and empowered to issue a Purchase Order to the successful bidder in the amount authorized in this Resolution.
Resolution No. 165-2007
Offered by: Corson Seconded by: Newman
Adopted: August 6, 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 NO. 166-2007
___________________________________________________________________________
RE: AUTHORIZING THE EXECUTION OF A SELLER’S AGREEMENT
WITH GOVDEALS, INC. AND AN APPLICATION FOR WAIVER REQUEST AND
E-PROCUREMENT SHORT FORM WAIVER REQUEST WITH THE NJ DEPARTMENT OF COMMUNITY AFFAIRS FOR THE SALE OF CERTAIN ITEMS OF TOWNSHIP PROPERTY AND EQUIPMENT NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE
WHEREAS, from time to time, the Township of Upper has miscellaneous personal property that no longer is needed for public use; and
WHEREAS, the State of New Jersey permits a municipality to sell surplus property no longer needed for public use through the use of an online auction service, pursuant to the Local Unit Electronic Technology Pilot Program and Study Act, P.L. 2001, c. 20; and
WHEREAS, GovDeals, Inc. provides a means for municipalities to list items for sale and for potential buyers to bid upon those items via an internet-based auction system; and
WHEREAS, by using the internet-based auction system, the marketplace for the Township will be expanded greatly and, in the opinion of the Township Committee, that will result in greater sales prices than typically would be paid in the traditional public auction format and those greater sales prices will more than offset the fees charged by GovDeals, Inc., which for sales up to $100,000.00 is 7½% of the sales price.
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:
2. The Mayor and Township Clerk are authorized to execute a Seller’s Agreement, in the form annexed as Exhibit A, with GovDeals, Inc. for the sale of miscellaneous personal property no longer needed for public use via an internet-based auction system.
3. The Mayor is further authorized to execute an Application for Waiver Request and E-Procurement Short Form Waiver Request, in the form annexed as Exhibit B, as required by the New Jersey Department of Community Affairs, Division of Local Government Services for the sale of miscellaneous personal property no longer needed for public use via an internet-based auction system.
Resolution No. 166-2007
Offered by: Conrad Seconded by:Corson
Adopted: August 6, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____________ __________ __________ ____x_____
Conrad ____x________ __________ __________ __________
Corson ____x________ __________ __________ __________
Newman ____x________ __________ __________ __________
Palombo ____x________ __________ __________ __________
6. Authorizing the Mayor to sign Municipal Aid Grant Application for Fiscal Year 2008.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 167-2007
RE: AUTHORIZING THE MAYOR TO SIGN
MUNICIPAL AID GRANT APPLICATION FOR FISCAL YEAR 2008
_________________________________________________________________
WHEREAS, the Township of Upper wishes to take advantage of Municipal Aide Grants that will be available for Fiscal year 2008; and
WHEREAS, the Township Committee fully supports and
endorses the actions of the Township Engineer in his filing of the grant applications for the following grant program:
FY 2008 Municipal Aid for Roadway Reconstruction. This program provides grants to municipalities for roadway improvements. The project will involve the reconstruction of Peach Orchard Road, Section 2, which will include widening and resurfacing the existing substandard roadway, installing additional sidewalks to connect to existing sidewalks to provide continuous pedestrian safety along the roadway.
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 of the Township of Upper is hereby authorized, directed and empowered to sign the individual Municipal Aide Grant Applications outlined above, for Fiscal year 2008.
3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution.
4. A certified copy of this Resolution shall be provided to the Township Engineer for insertion into each Municipal Aide Grant Application for Fiscal year 2008.
Resolution No. 167-2007
Offered by:Newman Seconded by: Corson
Adopted: August 6, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ ____x_____
Conrad _____x_____ __________ __________ __________
Corson _____x_____ __________ __________ __________
Newman _____x_____ __________ __________ __________
Palombo _____x_____ __________ __________ __________
TOWNSHIP OF UPPERPRIVATE
R E S O L U T I O N
RESOLUTION NO. 168--2007
RE: AUTHORIZING THE EXTENSION OF AN INTERLOCAL SERVICES
AGREEMENT WITH THE MUNICIPALITIES OF AVALON, SEA ISLE CITY
AND DENNIS TOWNSHIP FOR MASS CARE SHELTER FACILITIES
FOR AN ADDITIONAL TERM OF ONE (1) YEAR COMMENCING
SEPTEMBER 1, 2007 TO AUGUST 31, 2008
____________________________________________________________________________
WHEREAS, pursuant to Ordinance No. 8-1992 the Township of Upper was authorized to enter into an Interlocal Services Agreement with the municipalities of Avalon, Sea Isle City and Dennis Township for a mass care shelter facility; and
WHEREAS, the parties desire to extend the term of such Agreement for an additional term of one (1) year; and
WHEREAS, the matter has been duly considered by the Township Committee, which has concluded that such extension is in the public interest and will promote the public health, safety and welfare.
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 Interlocal Services Agreement, dated August 28, 1992, entered into by the municipalities of Avalon, Sea Isle City, Dennis Township and Upper Township for a mass care shelter facility is hereby extended for an additional term of one (1) year, commencing September 1, 2007 through and inclusive of August 31, 2008, upon the same terms and conditions.
3. Paragraph 6 of the Agreement of August 28, 1992 is hereby deemed amended so that the Contract term will expire on August 31, 2008.
4. This Resolution extending the term of the aforesaid Contract is conditioned upon similar action being taken by the Governing Bodies of the Borough of Avalon, the City of Sea Isle City and the Township of Dennis.
5. All officers and officials of the Township of Upper are authorized, directed and empowered to take such action as may reasonable be required or necessary to carry out the intent and purpose of this Resolution.
6. A certified copy of this Resolution shall be sent to each of the municipalities who are parties to such Interlocal Services Agreement.
Resolution No. 168 -2007
Offered by: Newman Seconded by: Conrad
Adopted: August 6, 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. 169-2007
RE: ACCEPTING THE PERFORMANCE BOND FOR
MELVIN DEVELOPMENT, LLC FOR
BLOCK 646, LOT 17.02
OWNER AND/OR DEVELOPER: MELVIN DEVELOPMENT, LLC
SUBDIVISION: GREENDALE DRIVE MAJOR SUBDIVISION
PROPERTY: BLOCK 646, LOT 17.02
______________________________________________________________
WHEREAS, Melvin Development, LLC is the Owner and/or Developer of a major subdivision within the Township of Upper, described as follows: Greendale Drive, Block 646, Lot 17.02; and
WHEREAS, pursuant to N.J.S.A. 40:55D-53, the Developer is required to furnish a Performance Guarantee in favor of the Township for improvements which the Upper Township Planning Board may deem necessary or appropriate; and
WHEREAS, as further required by N.J.S.A. 40:55D-53, the Municipal Engineer has prepared an Engineer’s Estimate of an itemized cost estimate of the improvements covered by the Performance Guarantee, which itemized cost estimate shall be appended to each Performance Guarantee posted by the Developer and a copy of which is annexed to this Resolution as Exhibit “A”; and
WHEREAS, the Developer has presented to the Township a Performance Guarantee as follows:
Subdivision Performance Bond
in the form of an
Performance Surety Bond
Letter of Credit No: SB331362
Principal: Melvin Development, LLC
4030 Ocean Heights Avenue
Egg Harbor Township, NJ
Surety: Pennsylvania National Mutual Casualty Insurance Company
2 N. Second Street
Harrisburg, PA
Bond Amount: $16,567.42
Issue Date: August 1, 2007
Expiration Date: July 31, 2009
Bond Amount, Cash: $1,840.82
Street Lights, Cash: $1,200.00
WHEREAS, the Municipal Engineer has prepared an itemized cost estimate of the improvements to be covered by the Performance Guarantee, a copy of which is annexed hereto as Exhibit “A”; and
WHEREAS, the Municipal Attorney has reviewed the Performance Guarantee and has determined that the same complies with the New Jersey Statutes and Township Ordinances applicable thereto and has recommended acceptance of same by the Township Committee;
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 cost estimate of the Municipal Engineer, which is attached hereto as Exhibit “A”, is hereby accepted and approved.
3. The Surety Bond in the form of a Performance Surety Bond described in this Resolution is hereby accepted and approved.
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. 169-2007
Offered by: Corson Seconded by: Newman
Adopted: August 6, 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. 170-2007
RE: URGING THE CAPE MAY COUNTY OPEN SPACE AND FARMLAND
PRESERVATION BOARD TO CONSIDER ACQUIRING BLOCK 382, LOT 9
AND AUTHORIZING THE WAIVER OF ANY ASSOCIATED TOWNSHIP FEES.
___________________________________________________________________________
WHEREAS, Patrick Maccarone is the owner of certain real property located within the Township of Upper, which consists of vacant ground without any capital improvements thereon, which is described as follows: Block 382, Lot 9; and
WHEREAS, this owner has offered to donate this property to the Cape May County Office of Open Space and Farmland Preservation (County); and
WHEREAS, the Township has been informed that before proceeding with a possible acquisition, the County requires the Township to certify the current assessed valuation and payment of taxes; and
WHEREAS, the Township is willing to waive all Township fees associated with this possible acquisition.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township of Upper hereby urges the County to consider the donation of the parcel specified herein and believes that there is a public interest to be served by acquiring the parcel and reserving the same for open space.
3. The Township of Upper hereby authorizes the Tax Collector and any other Township official or officer to waive any and all Township fees associated with this possible acquisition.
Resolution No. 170-2007
Offered by: Palombo, Seconded by: Conrad
Adopted: August 6, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __________ __________ __________ __x_______
Conrad __x_______ __________ __________ __________
Corson __x_______ __________ __________ __________
Newman __x_______ __________ __________ __________
Palombo __x_______ __________ __________ __________
ORDINANCES
Mr. Dietrich gave a brief summary of the amendments included in this ordinance. He stated that the Plan Endorsement and Master Plan Re-examination were completed in November 2006 after two public hearings. The Ordinances came back to the Planning Board and they held several public hearings that were all well attended. The major changes include the following: a format change to create a table format to represent the bulk and Principal Use changes, a major change creating a Town Center Core Zone allows more dense retail development and permits residential housing uses on the second floor to encourage development inside the Town Center. For the commercial zones outside of the Town Center areas, the impervious coverage limits were reduced and the lot size was increased. It creates a new mobile home zone, which will allow a 20% inclusionary development with the balance of the development being age restricted, as well as an Affordable Housing group home for an 80% affordable housing ratio. There are several areas that were rezoned from Residential areas to Agriculture-Residential zones and some agriculture (AR zoned) areas that went to Conservation zones; swimming pools are not permitted in Strathmere consistent with an interpretation of the Zoning Board. The bulk standards were expanded to include requirements for buffers both in commercial and residential areas, as well as including tree preservation standards. Most bulk standards in all of the zones were changed to accommodate CAFRA and guidelines from State planning. There were allowances to permit adult retirement communities and assisted living facilities as conditional uses in the Town Center Core and Residential Districts. It also sets up an allowance to permit a density transfer program to promote transfer of the density from the Pinelands and Conservations zones to the Town Center Core areas. Driveway requirements were also modified to meet NJ DOT specifications, requirements were added for traffic studies for larger projects, and also added were timing and standards for electronic message signs. This Ordinance also clarifies some of our nonconforming lot criteria, and zoning changes include realignment and relabeling of some of the zones.
Mayor Palombo then opened the Public Comment section of the hearing. The following speakers from the public were heard:
Frederick Banner of 24 Oak Street, Marmora. He discussed that the ordinance provides for a 60 ft. tract boundary setback for mobile home parks and the impact of mobile home parks to the surrounding areas. He requested that a larger buffer zone including provisions for a timber buffer be established around areas marked for the proposed mobile home park sites. He asked that natural vegetation in the buffer be allowed to remain, (specifically speaking of the Shaw property).
James Montelone, of 234 Church Rd, Marmora, also expressed his opposition to the sixty-foot buffer and would also like to see it increased.
There was discussion about the time and planning that went into the preparation of this ordinance. Mayor Palombo stated that the Township has closely reviewed all possible sceneries and is working very hard to come up with the best solution for everyone. Mr. Young explained that the purpose of this public hearing is to allow concerned citizens to voice their opinions. The job of the Committee is to see if the ordinance is balanced and fair to everyone.
Robert Millar of 10 Nadine Blvd., Seaville, stated that he is directly affected with the Shore Acres development. He commented that the 60-foot buffer is not sufficient and asked for 125-foot buffer zone. He discussed the Minutes of the Planning Board and subcommittee meetings in that the buffer zones were discussed.
Mayor Palombo stated that Township owned properties initially were identified for COAH Housing, one of which was near the Nadine Blvd. area. The Committee listened to the concerns of the residents and formed the subcommittee with members of various neighborhoods. That subcommittee identified the Shore Acres site. Mr. Corson stated that only the Shaw Farm site is under consideration for this evening.
Mayor Palombo explained that the Ordinance would allow the Township to control the proposed mobile home sites with regards to the buffer zones and number of sites. He explained why Upper Township was not affected by COAH in the past. Presently, due to technological advancements in septic systems the Township is vulnerable to developers potentially constructing high-rise buildings through builders remedy lawsuits. We are not opposed to increasing the buffer however we have to be reasonable, we can’t send the plan to COAH and have them deny it because it is not in conformance to their standards. We are trying to make a balance here and we must compromise.
Roberta Townsend, Palermo, questioned whether the Shaw property was still listed as wetlands and if a determination was made to allow development of the site. Mr. Dietrich responded that a wetlands determination has been completed. He reported that 29 acres of the 71 acre site have been verified and delineated by the Dept. of Environmental Protection. He also stated that the Mobile Home Park zone allows for 80% of the units to be age restricted, and a 20% being a mix of low and moderate-income rental units with standards in accordance to COAH guidelines. He stated that according to the rental program families are qualified based on household size. Of the balance of 20% of the low and moderate-income units, guidelines require 5 one-bedroom units, 14 two-bedroom units and 8 three-bedroom units. According to COAH guidelines, 2 adults are allowed in one bedroom as the housekeeping unit, however as far as children are concerned there must be one bedroom per child. At the most you could have no children in the 5 one-bedroom units, possibly 14 children in the two-bedroom units, and possibly 16 children in the three-bedroom units, for a total of 30. If you compare that to 24 single-family homes you could have 50 to 60 children under current standards. In actuality there would be more total units with mobile homes but potentially half the number of children. Mr. Young stated that right now there is a builder’s remedy lawsuit stay until the end of the year. If that stay were not in place, by court order, this land could have apartment complexes of all low-income housing. When the courts look at it they look at between 6 to 8 units per acre. There could be 210 units built on this site under those terms and there are sites similar to this throughout the Township. The main reason to adopt this ordinance is to protect the Township from a builders remedy suit.
Kurt Kuemmerle, of 46 Rivendell Road, Marmora, was in favor of an increased buffer size.
Elizabeth Bergus, Strathmere, questioned Note C #8 of the Ordinance with regard to the parking requirements.
Brian Levering, of 300 Church Road, Marmora, was opposed to the units being developed behind his property. He was concerned that a mobile home park would reduce the value of his home. He also questioned if runoff water from the self contained sewer treatment systems could contaminate his well.
Mr. Dietrich stated that it is the same type of system as utilized in Osprey Point and operates efficiently and without problems.
Michael Wolicki of 226 Church Rd, Marmora, was also in favor of a larger buffer zone and is also concerned with the increase of traffic and the additional strain it will put on the Fire Companies and the Rescue Squad, in addition he would like to see the density of the mobile home parks decreased.
Michael Grawl, of 3 Greenbriar Rd, Marmora, expressed his concern with the density of the mobile home parks and the increased traffic flow. Mr. Young explained that when a large development is proposed there are traffic studies done by the State, County, the developer, and local officials to ensure the access to and from the development is sufficiently designed.
There was discussion of adopting this ordinance tonight and introducing an amendment. Mr. Young stated that if a change in the buffer size were decided he would consider that to be substantial enough to necessitate advertisement. Amendments to this ordinance were read and the ordinance with these amendments was introduced by the Township Committee and recommended that the Planning Board review the revisions.
There were no further speakers and the public portion of the hearing was closed.
The following are the sections of Ordinance No. 009-2007 that were amended this evening and are as follows:
20-4.17d3 Tract boundary setback shall be seventy-five (75’) sixty
(60’) feet. This setback shall be landscaped. The required buffer and
landscape planting may be located within the tract boundary setback. No roads,
parking or buildings or structures shall be located within tract boundary
setback with the exception of access driveways serving the development and/or
bike/ jogging paths. The tract boundary setback may be reduced to twenty-five
(25’) feet along a non-residential use, utility easements more than fifty (50’)
feet in width and railroad right-of-way.
20-4.17f1(a) A fifty (50’) 35 foot wide landscape buffer shall be
provided. The landscape buffer shall consist of a fence and an evergreen
landscape planting to provide a visually opaque screen between the Mobile Home
Park and adjacent residential zone district properties.
20-4.17f1(b) The landscape buffer shall consist of a fence a minimum six (6’) feet in height and located at the landscape buffer line. The fence shall be constructed of materials to form an attractive, visually opaque screen between the Mobile Home Park and adjacent residential properties. Wood, metal, heavy duty vinyl or masonry fence materials may be specified; however, metal chain link fencing with slat inserts or similar open type fence materials are not permitted. The fence shall be of solid heavy duty construction. It will be maintained and replaced if needed throughout the life of the mobile home development.
20-4.17f1(c) The landscape buffer planting shall be designed in compliance
with subsection 20-5.8a with the exception that earthen berms provided as
part of the buffer planting is optional.
Schedule C Note 8 shall read as follows: No building shall exceed twenty-eight (28’) feet in height except that churches shall not exceed fifty-five (55’) feet in height except a building shall not exceed thirty-three (33’) feet in height if the building provides two (2) off-street parking spaces beneath the building and said parking area has a minimum clear height of eight (8’) feet for the entire parking space and a clear ground area of nine (9’) feet by eighteen (18’) feet per parking space.
The amendments listed above will be published for the public’s information. Motion made by Curtis Corson, second by Frank Conrad for re-introduction of the ordinance as amended, with Public Hearing and Final Adoption set for September 10, 2007 at 7:30 P.M.
11. Public Hearing and Final Adoption of Ordinance No. 011-2007, Re: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER VI OF THE CODE OF UPPER TOWNSHIP. Committeeman Frank Conrad did not participate in this matter and stepped down from the dais. Mayor Palombo explained that the Ordinance would allow three Club liquor licenses in the Township and discussed the requirements to qualify for a Club license. Mr. Corson and Mr. Newman discussed the fact that there were no clubs or organizations that would meet the criteria for a club license. Mr. Corson and Mr. Newman expressed their opposition to the license. Mayor Palombo opened up the public portion of the hearing. There were no speakers from the public and the public portion of the hearing was closed. Motion made by Mayor Palombo, second by Jay Newman to adopt Ordinance No. 011-2007. During Roll call vote Mayor Palombo voted in favor, Curtis Corson and Jay Newman opposed, Frank Conrad abstained from voting. Motion failed, Ordinance No. 011-2007 Denied.
During the public comment section of the hearing Frederick Banner, of 24 Oak St., Marmora, commented he would like the Township to accept the money. With no further public comment the public portion of the meeting was closed. Motion made by Curtis Corson, second by Jay Newman to adopt Ordinance No. 016-2007. 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. 016 -2007
RE: CAPITAL ORDINANCE PROVIDING FOR IMPROVEMENTS BY THE TOWNSHIP OF UPPER, IN THE COUNTY OF CAPE MAY, NEW JERSEY APPROPRIATING $107,000.00 THEREFORE
______________________________________________________________________
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER, IN THE COUNTY OF CAPE MAY, NEW JERSEY AS FOLLOWS:
SECTION SEQ ParaNumbers1_0 \* Arabic \r 11.
The improvements described in Section 2 of this Ordinance are hereby authorized to be undertaken by the Township of Upper, New Jersey, as general improvements. For the improvements or purposes described in Section 2, there is hereby appropriated the sum of $341.00 from Capital Surplus and the sum of $106,659.00 received or expected to be received by the Township from the County of Cape May, New Jersey pursuant to the 2007 Municipal Public Improvements Joint Venture Program, County Ordinance No. 2-07, as a contribution in aid of financing said improvements or purposes. The total sum is now available by virtue of existing Capital Fund Balance.
SECTION SEQ ParaNumbers1_0 \* Arabic \n2.
The improvements hereby authorized, the estimated cost of each improvement and the appropriation therefore are as follows:
1. Cab & chassis for new recycling truck----------$74,000.00
2. Variable message board trailer-------------------$23,000.00
3. Electric scissor man-l