TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Arrived at 4:15
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - February 13, 2007 Regular Meeting and
Motion to approve the Minutes as written by Jay Newman, second by Frank Conrad. During roll call vote the four Committee members present voted in the affirmative.
Frank Conrad, reminded the public about the second free rabies clinic scheduled for March 3, 2007 from 1:00 P.M. to 3:00 P.M. at the Township garage.
Barbara Camp, reported that the Township received our Community MUA Host Benefit in the amount of $269,497.93. The Department of Public Works has started collecting electronics for recycling. This includes computers, old hardware, fax machines, T.V.’s, VCR’s, radios, telephones, cell phones, etc. They are collected on bulk trash day. As of Feb. 2007 we collected 3.25 tons of electronics and recycled them saving the Township $39.50/trip to the landfill. She discussed commercial trash pickup program being developed.
She offered a resolution to be adopted at a future meeting naming the month of March as Women’s History Month in Upper Township. Frank Conrad seconded the motion with the four Committee members present voting in the affirmative.
Jay Newman, discussed an interlocal agreement between Upper Township and Ocean City for EMS/rescue and 911 dispatch services for Strathmere. He moved to adopt a resolution at a future meeting to authorize the Mayor to sign the agreement. Mr. Young also reported that an ordinance for paid EMS services would be introduced also. Motion by Jay Newman, second by Curtis Corson with the four Committee members present voting in the affirmative.
Curtis Corson, Deputy Mayor Curtis Corson discussed a letter received from Michael Houdart regarding the Budget and his objection to financing the purchase of an ambulance. Mr. Corson explained that although the ambulance will be financed, it is not being financed by a bank. We are paying the entire cost this year out of our surplus funds and will show a portion of that cost on our budget for the next four years.
He also discussed a letter from a resident asking the Township to spray for gypsy moths. The letter discussed that the gypsy moth problem could be a health hazard. Mr. Corson explained that the State proposal for the program recommended 2700+ acres to be sprayed with dimilyn, with many of those acres being state and federal lands. Mrs. Camp recommended alternatives such as hiring a private company for spray application.
Mayor Palombo arrived during this portion of the meeting.
Richard Palombo, Mayor, discussed the recent CMC Conference of Mayor’s luncheon hosted by Upper Township. Eileen Swan, director of the Office of Smart Growth was the featured speaker. Mayor Palombo congratulated Municipal Engineer Paul Dietrich, and members of the Planning and Zoning Boards for their fine work on the Plan Endorsement project. He reported that the director was very complimentary to the Township and especially our engineer for his work and will ultimately use it as a model for other municipalities still going through the process. Paul added that Middle, Dennis and Lower Townships are now in the same position we were in last April in that an Action Plan and a Memorandum of Understanding were agreed upon that outlined all the work to be done to get Plan Endorsement. We completed those items outlined in the Action Plan in the time frame presented and the State finally gave us Plan approval. The actual Plan was started back in 1998; this was the final culmination of that long process. Hopefully the other towns can follow in our footprints and have a positive experience.
The Mayor also gave some updates on meetings he has had with other towns about some shared services such as the municipal court system. He directed Mr. Young to continue his research on this matter.
He discussed a newspaper article that was sent to him by a resident in reference to affordable housing in Chicago in that their health care workers and emergency services workers can not afford to live in Chicago because of the rise of real estate values. The problem facing Chicago also affects other cities as well as this community. He reported that the Housing Subcommittee has had two meetings with some progress being made.
He discussed whether to cancel or reinstate an MUA Convenience Account which has been past due for over six months. Motion by Barbara Camp, second by Curtis Corson to cancel permit #1834, with no reinstatement. During roll call vote all five Committee members voted in the affirmative.
Daniel Young, Municipal Attorney, discussed a letter he received from attorney Arthur Ford regarding a structure located at 2 East Webster Avenue in Strathmere. The Zoning Board
referred the homeowner to the Township Committee. The homeowner is reconstructing the house and discovered that the front steps encroach onto the Webster Avenue street right-of- way by a foot in length. He advised against granting an easement. After further discussion motion was made by Curtis Corson, second by Barbara Camp to remove the steps from the right of way. Although the steps would still encroach in the front yard setback and need a variance, they did not want them encroaching in the right-of-way. During roll call vote all five Committee members voted in the affirmative.
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 050-2007
RE: APPOINTMENT OF DUANE TERWILLIGER AS ASSISTANT SUPERVISOR
TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
WHEREAS, a need exists to appoint qualified personnel to the Upper Township Recreation Department to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of February 13, 2007; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken.
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. Duane Terwilliger is hereby appointed to an Assistant Supervisor of Recreation position effective March 1, 2007 at an annual salary of $54,050.00 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 February 13, 2007.
Resolution No. 050-2007
Offered by: Newman Seconded by: Conrad
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X______ __________ __________ _________
Conrad _X_______ __________ __________ _________
Corson _X_______ __________ __________ _________
Newman _X_______ __________ __________ _________
Palombo _X_______ __________ __________ _________
2. Appointment of Michael Mayne as a full-time employee to the Upper Township Recreation Department.
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 051-2007
RE: APPOINTMENT OF MICHAEL MAYNE AS A FULL-TIME EMPLOYEE
TO THE UPPER TOWNSHIP RECREATION DEPARTMENT
WHEREAS, a need exists to appoint qualified personnel as full-time employees to the Upper Township Recreation Department to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of February 13, 2007; and
WHEREAS, this Resolution is intended to ratify the action heretofore taken.
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. Michael Mayne is hereby appointed in a full-time laborer position effective March 1, 2007 at an annual salary of $33,428.00 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 February 13, 2007.
Resolution No.051-2007
Offered by: Newman Seconded by: Conrad
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __X_______ __________ __________ _________
Conrad __X_______ __________ __________ __________
Corson __X_______ __________ __________ __________
Newman __X_______ __________ __________ __________
Palombo __X_______ __________ __________ __________
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 052-2007
RE: AUTHORIZING THE CHIEF FINANCE OFFICER TO WITHDRAWAL FUNDS IN THE AMOUNT OF $208,000.00 FROM THE ACCOUNT ENTITLED RECREATION TRUST FUND-DEVELOPERS FOR IMPROVEMENTS AT THE AMANDA’S FIELD RECREATION COMPLEX AND THE LUKE COURT TOT LOT
_____________________________________________________________________________
WHEREAS, it is necessary for the Township of Upper to make certain improvements at the Amanda’s Field Recreation Complex and the Luke Court Tot Lot; and
WHEREAS, a recommendation for improvements has been made to the Township Committee and duly considered at the meeting of February 13, 2007.
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 Chief Financial Officer of the Township of Upper is hereby authorized, directed and empowered to withdrawal funds in the amount of $208,000.00 from the account entitled Recreation Trust Fund-Developers for improvements at the Amanda’s Field Recreation Complex and the Luke Court Tot Lot.
3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of February 13, 2007.
Resolution No. 052-2007
Offered by: Newman Seconded by: Camp
Adopted: February 26, 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.053-2007
RE: AUTHORIZING THE FILING OF A RECYCLING
TONNAGE GRANT APPLICATION
_________________________________________________________________________
WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102., has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and
WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the mandatory Source Separation and Recycling Act; and
WHEREAS, the recycling regulations impose on municipalities certain requirements as a conditions for applying for tonnage grants, including, but not limited to, making and keeping accurate verifiable records of materials collected and claimed by the municipality; and
WHEREAS, a Resolution authorizing this municipality to apply for such tonnage grants for calendar year 2007 will memorialize the commitment of this municipality to recycling and indicate the assent of the Township of Upper to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, such Resolution should designate the individual authorized to ensure that the application is property completed and timely filed.
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper that the Township of Upper hereby endorses the submission of a municipal Recycling Tonnage Grant Application to the New Jersey Department of Environmental Protection and designates Wanda Gaglione, the Township Clerk, P.O. Box 205, Tuckahoe, New Jersey, 08250, to ensure that said application is properly filed.
Resolution No. 053-2007
Offered by: Camp Seconded by: Newman
Adopted: February 26, 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. 054 -2007
RE: APPOINTMENT OF FRANK L. CORRADO
TO ACT AS SPECIAL LEGAL COUNSEL
___________________________________________________________
WHEREAS, the Township requires legal counsel to provide legal services in the event a conflict of interest arises in regard to the services provided by the regular Township Solicitor; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, Frank L. Corrado, Esquire has completed and submitted a Business Entity Disclosure Certification which certifies that Frank L. Corrado, Esquire has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit Frank L. Corrado, Esquire from making any reportable contributions through the term of the contract; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Frank L. Corrado, Esquire with offices at 2700 Pacific Avenue, Wildwood, New Jersey is hereby appointed Special Legal Counsel to handle matters in which the regular Township Solicitor has a conflict of interest as directed by the Township Committee.
3. This contract shall have a commencement date of February 26, 2007 and shall continue for the length of time necessary for completion of the aforesaid legal services, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Frank L. Corrado, Esquire has professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Frank L. Corrado, Esquire for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
5. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
6. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Frank L. Corrado, Esquire in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
9. This Resolution shall be effective as of adoption.
Resolution No. 054 -2007
Offered by: Camp Seconded by: Palombo
Adopted: February 26, 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.055-2007
RE: AUTHORIZING THE TOWNSHIP OF UPPER
TO ENTER INTO A CONTRACT WITH BENJAMIN RAU
FOR THE MAINTENANCE AND DEVELOPMENT OF THE
UPPER TOWNSHIP INTERNET WEB SITE FOR THE YEAR 2007
___________________________________________________________________________
WHEREAS, the Township of Upper maintains an internet web site which requires routine maintenance and web site enhancement, including but not limited to the development of new pages, information and data for the web site; and
WHEREAS, Benjamin Rau possesses the requisite skill and knowledge to perform routine maintenance on the Upper Township web site and enhance same by developing new pages and information; and
WHEREAS, the Township of Upper desires to enter into a contract for services with said Benjamin Rau for the aforesaid purposes; 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 Township of Upper is hereby authorized to enter into a contract for services with Benjamin Rau for routine maintenance and enhancement, including the development of new pages and information, with respect to the Township internet web site for the calendar year 2007.
3. The consideration to be paid said Benjamin Rau shall be the sum of Two Thousand Eight Hundred Dollars ($2,800.00) for the calendar year 2007.
4. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
5. The contractor has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
6. All Township officials are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
7. This Resolution shall be effective as of January 1, 2007.
Resolution No. 055-2007
Offered by: Camp Seconded by: Conrad
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp X ______
Conrad X ______
Corson X ______
Newman X ______
Palombo X ______
7. Appointment of Maser Consulting P.A. to provide planning services to the Township of Upper in regard to the preparation of revisions to the Zoning Ordinance, the Housing Element and Fair Share Plan, and the Master Plan.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 056-2007
RE: APPOINTMENT OF MASER CONSULTING P.A. TO PROVIDE PLANNING SERVICES TO THE TOWNSHIP OF UPPER IN REGARD TO THE PREPARATION OF REVISIONS TO THE ZONING ORDINANCE, THE HOUSING ELEMENT AND FAIR SHARE PLAN AND THE MASTER PLAN
___________________________________________________________
WHEREAS, the Township requires a professional planner to assist the Township in the preparation of revisions to the Zoning Ordinance, the Housing Element and Fair Share Plan and the Master Plan; and
WHEREAS, a resolution is required authorizing the award of such contract for professional services; and
WHEREAS, Maser Consulting P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that Maser Consulting P.A. has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit Maser Consulting P.A. from making any reportable contributions through the term of the contract; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Maser Consulting P.A. with offices at Perryville III Corporate Park, 53 Frontage Road, Suite 120, Clinton, New Jersey is hereby appointed Professional Planner to provide planning services to the Township in regard to preparation of revisions to the Zoning Ordinance, the Housing Element and Fair Share Plan and the Master Plan.
3. Maser Consulting P.A. 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. The term of this contract is for a period not to exceed the length of time necessary for completion of the aforesaid project, unless sooner terminated by the Township of Upper, at the option of the Township of Upper.
5. This Contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Maser Consulting P.A. has professional knowledge as to municipal planning issues which knowledge is particularly valuable to the Township Committee.
NOTICE OF CONTRACT AWARD
The Township Committee of the Township of Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-5(1)(a) to Maser Consulting P.A. for planning services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey.
6. A certificate from the Chief Financial Officer of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged must be provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk.
7. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with Maser Consulting P.A. in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective.
8. A copy of this Resolution shall be published in the official newspaper of the Township of Upper.
9. This Resolution shall be effective as of adoption.
Resolution No. 056 -2007
Offered by: Corson Seconded by: Camp
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___X______ __________ __________ ____
Conrad ___X______ __________ __________ _____
Corson ___X______ __________ __________ _____
Newman ___X______ __________ __________ ______
Palombo ___X______ __________ __________ _______
8. Authorizing the reduction of the Performance Bond of Georgetti Investments for Major Subdivision known as Queene Anne Court Major Subdivision in Block 567, Lot 55. Mr. Young was concerned in that the Bond Reduction authorization letter mentioned two bond numbers. The explanation from the issuing agency was that their billing system assigns a new number to the bond each time it is reduced. Mr. Young wanted to see a written explanation from the agency before the resolution is released. Motion to approve includes this stipulation.
TOWNSHIP OF UPPER
R E S O L U T I O N
RESOLUTION NO. 057-2007
RE: AUTHORIZING THE REDUCTION OF THE PERFORMANCE BOND OF
QUEENE ANNE COURT FOR
BLOCK 567, LOT 55
OWNER AND/OR DEVELOPER: GEORGETTI INVESTMENTS
QUEENE ANNE COURT MAJOR SUBDIVISION
PROPERTY: BLOCK 567, LOT 55
_______________________________________________________________
WHEREAS, Georgetti Investments, Owner and/or Developer of a major subdivision within the Township of Upper, described as follows: extension of Queene Anne Court Major Subdivision, Block 567, Lot 55; and
WHEREAS, pursuant to N.J.S. 40:55D-53, the Developer has furnished a Performance Guarantee in favor of the Township for improvements which the Upper Township Planning Board has deemed necessary or appropriate; and
WHEREAS, as further required by N.J.S. 40:55D-53, the Municipal Engineer has prepared a revised itemized cost estimate of the improvements covered by the Performance Guarantee posted by the Developer, and recommended reduction of same based upon work completed to-date, copy of which is annexed to this Resolution as Exhibit “A”; and
WHEREAS, the Performance Guarantee shall be reduced to reflect a Surety Bond Amount in the amount of $51,127.00 as recommended in the revised itemized cost estimate attached hereto; and
WHEREAS, the Developer has presented to the Township a Surety Rider that reduces the Performance Guarantee as follows, and copy of which is attached as Exhibit “B”:
Surety Rider: for Subdivision Performance Bond
Bond Numbers: B1029386 B188045
Principal: Georgetti Investments
W. Scott Georgetti
828 Stagecoach Road
Marmora, NJ 08223
Surety: Selective Insurance Company of America
40 Wantage Avenue
Branchville, NJ 07890
Bond Amount: $51,127.00
Issue Date: November 2, 2006
Bond Amount, Cash: $ 5,679.80
WHEREAS, the Municipal Attorney has reviewed the Performance Guarantee Reduction Surety Rider 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 revised cost estimate of the Municipal Engineer, which is attached hereto as Exhibit “A”, is hereby accepted and approved.
3. The Surety Bond Reduction Rider, described in this Resolution and attached as Exhibit “B” are hereby accepted and approved.
4. The reduction of the Cash Bond Amount described in this Resolution is hereby accepted and approved.
5. 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. 057-2007
Offered by: Corson Seconded by: Camp
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp X _ _______
Conrad X _ _______
Corson X _ _______
Newman X _ _______
Palombo X _ _______
9. Confirming sale of certain land to wit: Block 10, lots 16 and 19 to Alex and Joseph Hamilton.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 058-2007
RE: CONFIRMING SALE OF CERTAIN LAND
TO WIT: BLOCK 10, LOTS 16 AND 19
TO ALEX AND JOSEPH HAMILTON
_______________________________________________________________
WHEREAS, a public auction land sale was held on February 15, 2007, pursuant to Ordinance No. 022-2006; and
WHEREAS, Alex and Joseph Hamilton submitted the highest bid for the purchase of Block 10, Lots 16 and 19; and
WHEREAS, the Township Committee is satisfied that all conditions precedent were complied with and that said sale was conducted in accordance with the requirements of the Ordinance aforesaid and that proper notice was given to all persons owning property contiguous of the subject property being offered for sale; and
WHEREAS, the Township Committee believes that it is in the public interest to confirm the sale of such parcel.
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 sale of Block 10, Lots 16 and 19 to Alex and Joseph Hamilton, at a sale price of $33,200.00, is hereby confirmed, under and subject to the terms, conditions and provisions of Ordinance No. 022-2006 and further subject to and conditioned upon the purchasers’ compliance with said Ordinance.
3. The Mayor and Township Clerk are hereby authorized, directed and empowered to execute and deliver, on behalf of the Township of Upper, to the aforesaid purchaser, a Bargain and Sale Deed conveying the Township’s right, title and interest in the above described property and the Township Clerk is further authorized, directed and empowered to seal said Deed with the official seal of the Township of Upper.
Resolution No. 058-2007
Offered by: Camp Seconded by: Conrad
Adopted: February 26, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp X_ _ __ ______
Conrad X_ __ __ ______
Corson X_ __ __ ______
Newman X_ _ __ ______
Palombo X __ __ ______
10. 2007 BUDGET Introduction of 2007 Budget.
The Introduction of the Budget was postponed until the March 12, 2007 meeting to be able to include State Aid figures, which will be released within the next few days.
11. Public Hearing and Final Adoption of Ordinance No. 002-2007 Re: An Ordinance vacating portions of First Avenue and Lincoln Boulevard as the same appear on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey.
Mr. Young mentioned a minor correction to the ordinance that was published in newspaper. That correction is that Mrs. Broschard’s first name is Shannon. During the Public Comment section of the hearing there were no speakers. Motion was made by Curtis Corson, second by Barbara Camp to adopt ordinance. During roll call vote all five Committee members voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 002-2007
AN ORDINANCE VACATING PORTIONS OF FIRST AVENUE AND LINCOLN BOULEVARD AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY
______________________________________________________
WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and
WHEREAS, Richard Broschard and Shannon Broschard are the owners of individual tax lots in Tax Block 466 on the current Official Tax Map of the Township of Upper and have requested that the Township vacate certain unimproved streets described in this Ordinance and have agreed to incur all costs and expenses associated therewith; and
WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to construct said sections of roadway; and
WHEREAS, it is deemed to be in the public interest to vacate unimproved portions of First Avenue and Lincoln Boulevard within the Township of Upper, as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:
DESCRIPTION
FOR THE VACATION OF
THOSE UNIMPROVED STREETS
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY:
A. FIRST AVENUE: That portion of First Avenue from Garfield Boulevard to Broschard Way abutting Block 464, Lots 1 and 2 and Block 465, Lots 1 and 2 and from Broschard Way to Lincoln Boulevard abutting Block 466, Lots 1 and 2 and Block 467, Lots 1 and 2 to the dead end at the property line of Block 472, Lot 3 as shown on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey. No portions of Garfield Boulevard, Broschard Way and Lincoln Boulevard shall be vacated by this Ordinance.
B. LINCOLN AVENUE: That portion of Lincoln Boulevard from the intersection of First Avenue abutting Block 472, Lots 2 and 3 and Block 466, Lots 2, 4, 6, 8, 10, 12 and 14 and terminating at Block 466, Lot 16.
SECTION 2: EXCEPTION: This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described.
SECTION 3: COSTS: Richard Broschard and Shannon Broschard must pay to the Township Clerk all costs and expenses associated with this street vacation prior to the final adoption of this Ordinance.
SECTION 4: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22nd OF January, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 26th DAY OF February, 2007 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
12. Public Hearing and Final Adoption of Ordinance No. 003-2007 Re: An Ordinance vacating that portion of Pine Road abutting Block 653.01, Lot 5 and Block 651, Lot 5 as the same appear on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey.
During the Public Comment section of the hearing there were no speakers. Motion was made by Curtis Corson, second by Jay Newman to adopt ordinance. During roll call vote all five Committee members voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 003-2007
AN ORDINANCE VACATING THAT PORTION OF PINE ROAD
ABUTTING BLOCK 653.01, LOT 5 AND BLOCK 651, LOT 5 AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY
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WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and
WHEREAS, SPC#2, LLC t/a Scarborough Properties is the developer of individual tax lots in Tax Blocks 653.01 and 651 on the current Official Tax Map of the Township of Upper and has requested that the Township vacate a certain unimproved street described in this Ordinance and has agreed to incur all costs and expenses associated therewith; and
WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to construct said sections of roadway; and
WHEREAS, it is deemed to be in the public interest to vacate unimproved portions of Pine Road within the Township of Upper, as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:
DESCRIPTION
FOR THE VACATION OF A PORTION
OF AN UNIMPROVED STREET
IN THE TOWNSHIP OF UPPER
COUNTY OF CAPE MAY, AND
STATE OF NEW JERSEY
BEING all that certain lot, tract or parcel of land situate in the Township of Upper, County of Cape May and State of New Jersey bound and described as follows:
BEGINNING at a concrete monument found at the intersection of the Southwest line of Pine Road and the Northwest terminus of the same (33 feet wide); and extending thence
1. North 52 degrees 18 minutes 30 seconds East, along the said terminus of Pine Road, a distance of 33.00 feet to a point in the Northeast line of Pine Road; thence
2. South 37 degrees 41 minutes 30 seconds East, along the same, a distance of 61.98 feet to a point in the same; thence
3. South 48 degrees 48 minutes 01 seconds West, crossing Pine Road, a distance of 33.06 feet to a point in the Southwest line of Pine Road; thence
4. North 37 degrees 41 minutes 30 seconds West, along the same, a distance of 64.00 feet to the POINT OF BEGINNING.
Containing 2,078 square feet.
BEING A PORTION of Pine Road in the Township of Upper to be Vacated.
SECTION 2: EXCEPTION: This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described.
SECTION 3: COSTS: SPC#2, LLC t/a Scarborough Properties must pay to the Township Clerk all costs and expenses associated with this street vacation prior to the final adoption of this Ordinance.
SECTION 4: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 5: EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 22nd OF January, 2007 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 26th DAY OF February, 2007 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.
WANDA GAGLIONE, TOWNSHIP CLERK
TOWNSHIP OF UPPER
13. Introduction and First Reading of Ordinance No. 005-2007, RE: An Ordinance Authorizing sale of lands, to wit Block 625, Lots 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34. Motion by Jay Newman, second by Curtis Corson to introduce ordinance with Public Hearing set for March 26, 2007 at 4:00 P.M. During roll call vote all five voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 005 -2007
RE: AN ORDINANCE AUTHORIZING SALE OF LANDS,
TO WIT BLOCK 625, LOTS 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34
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WHEREAS, the Township of Upper is the owner, in fee, of certain parcels of vacant ground located within the Township of Upper, County of Cape May, and State of New Jersey, set forth on the municipal tax map as Block 625, Lots 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34; and
WHEREAS, the Township has received an offer from Warren Scott Georgetti and Kimberley Ann Georgetti, the owners of the only real property contiguous with said parcels owned by the Township, to purchase said parcels; and
WHEREAS, after discussion and deliberation the Township Committee is of the opinion that the sale of said parcels will be in the best interest of the Township and will provide for the consolidation of existing nonconforming lots to make a conforming lot; and
WHEREAS, the Township Committee has determined that the fair market value of each such parcel is the sum of $3,500.00 as evidenced by the recent sale of the adjacent Lot 31, Block 625 and in light of the appraisal prepared by Metro Appraisal Services of December 20, 2006; and
NOW, THEREFORE, BE IT ORDAINED by the Township Committee in the Township of Upper, County of Cape May and State of New Jersey as follows:
SECTION 1: The Township of Upper is hereby authorized to sell to Warren Scott Georgetti and Kimberley Ann Georgetti the real property commonly known as follows:
Block 625, Lots 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34
since said persons are the owners of the only real property contiguous thereto in accordance with N.J.S.A. 40A:12-13(b)(5). Pursuant to said statute such sale shall not be for less than the fair market value of said real property and the fair market value of said parcels sold as well as the purchase price of same is hereby established as follows:
Block 625, Lots 1, 2, 5, 6, 7, 8, 26, 27, 28, 29, 30, 32, 33 and 34
Fair Market Value: $49,000.00
SECTION 2: Prior to said sale, the Township will obtain a title report from a title company or abstract company licensed to do business in the State of New Jersey. Said report shall be available to the purchaser prior to final adoption of this Ordinance.
SECTION 3: The list of property authorized to be sold together with the minimum price thereof shall be posted at Township Hall and advertisement of the sale shall be made in a newspaper circulating in the Township within 5 days following enactment of this ordinance. Offers for the property may thereafter be made to the Township Committee for 20 days following said advertisement. The Township Committee may reconsider this ordinance not later than 30 days after enactment and thereafter advertise the property for public sale pursuant to N.J.S.A. 40A:12-13(a). The Township Clerk shall file with the Director of the Division of Local Government Services in the Department of Community Affairs sworn affidavits verifying the publication of the foregoing advertisements.
SECTION 4: Warren Scott Georgetti and Kimberley Ann Georgetti shall pay the following sum to the Township Clerk prior to the adoption of this Ordinance: $500.00. This amount shall be used by the Township to defray Township expenses involved in Authorizing the Sale and terms thereof; Engineers review; Attorney