TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
A moment of silence was observed in remembrance of September 11th.
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, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - August 27, 2007 Regular Meeting and
Moved by Jay Newman, second by Curtis Corson to approve the Minutes as written. During roll call vote four Committee members voted in the affirmative, Mrs. Camp abstained.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, reported that all four of the Upper Township Football teams won their games on Saturday against Ocean City.
Jay Newman , moved to hire Raymond Norton as a part-time EMT. Frank Conrad seconded the motion with all five Committee members voting in the affirmative.
Mr. Newman also encouraged everyone to attend the 9/11 Remembrance Ceremony at the Cape May County Administration Building on Tuesday at 5:00 P.M.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 179-2007
RE: IN OBSERVANCE OF SEPTEMBER 11 AS “ALWAYS REMEMBER DAY”, TO HONOR THE INNOCENT VICTIMS OF SEPTEMBER 11, 2001
FOR THE FREEDOM OF THIS GREAT NATION
___________________________________________________________
WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft, crashing two into the World Trade Center in New York City, a third into the Pentagon outside of Washington, D.C., and a fourth into the countryside of Pennsylvania; and
WHEREAS, thousands of innocent people were killed and injured as a result of these reprehensible attacks;
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, that we do hereby observe September 11 as “Always Remember Day” to honor the innocent victims of September 11, 2001 and those who continue to fight for the freedom of this great Nation; and
BE IT FURTHER RESOLVED, that all persons within this municipality are urged to honor these victims and members of our Armed Forces by appropriate displays of our flag and of red, white and blue ribbons.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 10th day of September 2007.
Resolution No. 179-2007
Offered by: Newman Seconded by: Conrad
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x______ __________ __________ __________
Conrad ___x______ __________ __________ __________
Corson ___x______ __________ __________ __________
Newman ___x______ __________ __________ __________
Palombo ___x______ __________ __________ __________
TOWNSHIP OF UPPER
R E S O L U T I O N
RESOLUTION NO. 180-2007
RE: TO ACKNOWLEDGE NATIONAL POW/MIA RECOGNITION DAY ON
SEPTEMBER 21, 2007
_________________________________________________________________
WHEREAS, throughout our Nation’s history, the men and women of America’s Armed Forces have preserved our freedom, protected our security, and upheld our democratic values; and
WHEREAS, in the two centuries since our Nation’s birth, more than a million men and women in uniform have paid the price of liberty with their lives; and
WHEREAS, joining the ranks of these heroes are the thousands who have been held as prisoners of war or whose fate has never been resolved; and
WHEREAS, Americans will never forget those who have borne the indignities and sufferings of captivity in service to our country, those missing in action, or those who died as prisoners of war, far from home and family;
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, that we acknowledge National POW/MIA Recognition Day on September 21, 2007; and be it further
RESOLVED, that we honor former American prisoners of war and those whose fate is still undetermined; and be it further
RESOLVED, that we encourage the American people to remember with special sympathy and concern the courageous families who maintain their steadfast vigil and who persevere in the search for answers and the peace that comes only with certainty;
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 10th day of September, 2007.
Resolution No.180-2007
Offered by: Conrad Seconded by: Newman
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x___ __________ __________ __________
Conrad __x____ __________ __________ __________
Corson __x____ __________ __________ __________
Newman __x____ __________ __________ __________
Palombo __x_____ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 181-2007
RE: APPOINTING MICHELLE JOHNSON
AS DEPUTY TAX ASSESSOR
_________________________________________________________________
WHEREAS, there is a vacancy in the title of Deputy Tax Assessor and it has been determined that there is a need to have this title filled; and
WHEREAS, the Township Committee has duly considered the matter and has determined that Michelle Johnson possesses all of the requisite qualifications for appointment to said position; and
WHEREAS, the Township Committee is of the further opinion that the said Michelle Johnson is a competent, fit and suitable person for appointment to the hereinafter designated position;
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. Michelle Johnson is hereby appointed Deputy Tax Assessor of the Township of Upper effective August 30,2007, with a stipend of $550.00 per year in accordance with the Salary Ordinance.
Resolution No.181-2007
Offered by:Corson Seconded by:Newman
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _____x______ __________ __________ __________
Conrad _____x______ __________ __________ __________
Corson _____x______ __________ __________ __________
Newman _____x______ __________ __________ __________
Palombo _____x______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 182-2007
RE: APPOINTMENT OF LAURENCE BOND AS ACTING SUPERVISOR OF ROADS
TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, a need exists to appoint qualified personnel to the Upper Township Department of Public Works to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of August 27, 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. Laurence Bond is hereby appointed to the title of Acting Supervisor of Roads in the Department of Public Works, effective August 30, 2007 at an annual salary of $61,550.00 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 August 27, 2007.
Resolution No. 182-2007
Offered by: Camp Seconded by: Conrad
Adopted: September 10, 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. 183-2007
RE: APPOINTMENT OF LEROY SHONE
AS ACTING ASSISTANT SUPERVISOR OF ROADS
TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, a need exists to appoint qualified personnel to the Upper Township Department of Public Works to insure optimal operation; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of August 27, 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. Leroy Shone is hereby appointed to the title of Acting Assistant Supervisor of Roads in the Department of Public Works, effective August 30, 2007 at an annual salary of $56,398.00 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 August 27, 2007.
Resolution No. 183-2007
Offered by: Camp Seconded by: Conrad
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_____ __________ __________ _________
Conrad ___x_____ __________ __________ _________
Corson ___x_____ __________ __________ _________
Newman ___x_____ __________ __________ _________
Palombo ___x_____ __________ __________ _________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 184-2007
RE: REAPPOINTING WILLIAM BRAMBLE
AS PLUMBING SUB-CODE OFFICIAL
WHEREAS, there is a need to fill the title of Plumbing Sub-Code Official; and
WHEREAS, the Township Committee has determined that William Bramble possesses all of the requisite qualifications for reappointment to said position; 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. William Bramble is hereby reappointed to a 3-year term as Plumbing Sub-Code Official of the Township of Upper effective September 22, 2007, at an annual salary of $6,950 in accordance with the Salary Ordinance. Said term expires on September 21, 2010.
Resolution No. 184-2007
Offered by: Newman Seconded by: Corson
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x_____ _______ _________ ______
Conrad __x_____ _______ _________ ______
Corson __x_____ _______ _________ ______
Newman __x_____ _______ _________ ______
Palombo __x_____ _______ _________ ______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 185-2007
RE: AUTHORIZING A CHANGE ORDER FOR THE 2007 PAVING PROJECT RESULTING IN AN INCREASE AND EXTRA WORK
IN THE AMOUNT OF $35,692.75
______________________________________________________________
WHEREAS, the Township of Upper has previously awarded the 2007 Paving Project bid to Arawak Paving Company, Inc., 7503 Weymouth Road, Hammonton, NJ 08037, in the original Contract amount of $234,900.00; and
WHEREAS, the Township wishes to approve a Change Order to the aforesaid Contract as hereinafter provided; and
WHEREAS, the Chief Financial Officer has issued a certification as to the availability of funds for this Change Order; and
WHEREAS, this Change Order, comprising both extra equipment, as well as cost increases, does not exceed twenty percent (20) of the original Contract award; and
WHEREAS, this Change Order is in the best interests of
the Township;
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. Change Order No. 1 to the 2007 Paving Project with Arawak Paving Company, Inc. is hereby authorized as follows:
Increases...............$35,692.75
Decreases................ $0.00
Extra Work.............. $0.00
TOTAL...................$35,692.75
3. A copy of the Change Order detailing the nature and the extent of the work to be done, together with a summary of the Change Order, together with all other prior Change Orders, if any, are attached to this Resolution as Exhibit “A”.
4. The Mayor and Chief Financial Officer are hereby authorized, directed and empowered to execute the Change Order on behalf of the Township of Upper.
5. All Township officials and officers are hereby authorized and directed to take all action necessary to carry out the intent and purpose of this Resolution.
Offered by:Newman Seconded by:Corson
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x______ __________ _________ __________
Conrad ___________ __________ ____x____ __________
Corson ____x______ __________ _________ __________
Newman ____x______ __________ _________ __________
Palombo ____x______ __________ _________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 186-2007
RE: SUPPORTING THE SUBMISSION OF A WATER QUALITY MANAGEMENT PLAN FOR THE COUNTY OF CAPE MAY UNDER THE EXISTING WATER QUALITY MANAGEMENT RULES (N.J.A.C. 7:15 et seq)
WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) oversees Water Quality Management Planning in the State of New Jersey as directed by Section 208 of the Federal Water Pollution Control Act Amendments of 1972 and the subsequent Clean Water Act of 1977; and
WHEREAS, the NJDEP has established Water Quality Management Rules (N.J.A.C. 7:15 et seq) to implement a continuing planning process to restore and maintain the chemical, physical and biological integrity of the waters of the State; and
WHEREAS, the Water Quality Management Rules provide a framework for local Water Quality Management Planning Agencies to develop regional water quality management plans; and
WHEREAS, the County of Cape May has served as the WQMP agency for the County of Cape May and therefore has developed the Cape May County Water Quality Management Plan which has been approved by the NJDEP; and
WHEREAS, the Cape May County Water Quality Management Plan is set to expire on September 28, 2007; and
WHEREAS, in the May 21, 2007 New Jersey Register, the New Jersey Department of Environmental Protection introduced the “Proposed Readoption with Amendments” to the WQMP Rules; and
WHEREAS, the Township of Upper has reviewed the NJDEP proposal and has several concerns regarding the impact of these rules with respect to the burden that these rules will place on local government agencies; and
WHEREAS, it is anticipated that there will be significant delay in the adoption of the new rules due to the nature of the changes proposed and the number of public comments that will likely be submitted; and
WHEREAS, the County of Cape May and the Township of Upper feels that it is in the best interest of the County and the municipalities to avoid a lapse WQMP process by having an approved WQMP in place; and
WHEREAS, the County of Cape May has thus proposed to update its existing WQMP and submit it for approval under the current WQMP Rules, rather than seeking to develop a new plan under the new regulations which are not yet in place;
NOW, THEREFORE BE IT RESOLVED that the Township of Upper does hereby support the position of the County in this matter and therefore encourages the submission of an updated WQMP under the existing WQMP Rule prior to the September 28, 2007 expiration date of the Cape May County WQMP;
BE IT FURTHER RESOLVED that the Township of Upper offers its full support and cooperation in this matter.
Resolution No. 186-2007
Offered by: Camp Seconded by: Conrad
Adopted: September 10, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_____ __________ __________ _________
Conrad ___x_____ __________ __________ _________
Corson ___x_____ __________ __________ _________
Newman ___x_____ __________ __________ _________
Palombo ___x_____ __________ __________ _________
Paul Dietrich commented that the Ordinance now reflects the changes that were recommended at the last public hearing on August 6, 2007, and included the following: increasing of the tract setbacks from 60 ft. to 75 ft., increasing the landscape buffers from 35 ft. to 50 ft., landscape buffer requirements, and changes to Schedule C for the building height and parking in Strathmere.
The Mayor opened up the Public Comment portion of the hearing. The following comments were received:
Libby Schuck, Seaville asked what the ordinance was about. Mr. Young explained that this is a massive ordinance that covers many areas in the Township; it revises most of the Land Use Ordinance and is pursuant to a 2-year study and a Master Plan Re-examination throughout the Township. She asked about the COAH plan in particular. There is one mobile home park area proposed at this time on the easterly side of Tuckahoe Road, also known as the old “Shaw farm”. The Planning Board is still working on subsequent Ordinances with respect to the COAH plan. She asked if any town has ever directly appealed the “Mt. Laurel” decision to the Federal Courts. Mr. Young reported that the Mt. Laurel decision has been appealed for the last 25 years and is currently in the State Supreme Court. Ms. Schuck read a prepared statement into the record opposing any COAH plan in Upper Township.
Frederick Banner, 24 Oak Street Marmora expressed his concern with the section of the ordinance that allows the tract boundary setback to be reduced to 25 ft. along a non-residential use as outlined in section 20-4.17d3 and 20-4.17fl(d) of the Ordinance. Mr. Banner’s concern is that the railroad tracks that border some of the established neighborhoods are already fifty feet wide and therefore would not require a tree buffer. He asked the committee to extend the buffer zone.
Curt Kuermerlee, 46 Rivendell Road, Marmora commented that he agreed with Mr. Banner and has concerns with the buffer zones.
John Davis, 49 Rivendell Rd, Marmora, also agrees with Mr. Banner.
Brian Levering, 300 Church Road Marmora stated his concerns that property values would decrease.
Mayor Palombo, explained that the Township is working very hard to develop a plan that would have the least negative impact on the community. The Township has no choice and must develop a plan. He explained that the owner of the Tuckahoe Road site offered their property to be utilized in this way. He explained that this particular person could sell their lot to a developer and we could be faced with another “Builders Remedy” lawsuit and which most likely would succeed. We could be faced with the developer building a high-rise structure of all low income housing on that property, with no issues on zoning or any other restrictions for the developer. We are trying to develop a plan with the least affect on surrounding neighborhoods. We have looked at Township owned properties and are trying to utilize them with the least impact to those neighborhoods as well. We are only allowed to transfer 170 of the 334 required units, and estimate that that would cost us $5.9 million. The fact is that all of us have enjoyed relatively reasonable taxes compared to other towns and if we were to turn that location into a residential section all of our taxes would increase dramatically because none of the houses can support what the school taxes are. Right now we are accounting for the $10,000 to $15,000 per child that attend our schools whether you have children in the school system or not. This unfortunately is what happens to towns in this State. All New Jersey communities are faced with this. Corbin City and West Cape May are faced with court situations right now. We are trying to prevent that in Upper Township. This has been one of the most difficult scenarios in our time on Township Committee except for the threat of the B.L. England plant closing which would really have affected our taxes if we had lost that $6.4 million.
Mr. Dietrich discussed the mobile home site in that it could contain 112 units. Of the 112 units, 20% would be low income; approx. 24-25 units with an average household income of approximately $35,000 to $40,000.
John LaRosa, 4 Jason Drive, Palermo asked if the language with regard to the buffer zone can be changed from twenty-five feet to fifty feet and agreed with Mr. Banner.
Donna Wilsol 6 Jason Drive, Palermo commented on the impact the proposed mobile home park would have in that the tax revenue generated from the development would be minimal compared to other construction.
Mr. Young stated her comment was correct that a mobile home would generate less tax revenue than a single-family home. He explained that an average home in the Township has a tax bill of $4000 to $7000 per year with part of that going to the county and a large portion going to the School Board. An average home has 2-3 children and it costs $20,000 to $35,000 a year to education those children. The best thing that could have been built there that was residential is age restricted and no low income housing, like Osprey Point. That would have given us money for the School Board and the County and would not send any children into the school system. The problem is that we can only do so much of that and it must include an element of low income. This scenario does both of those, it keeps the number of school children down and it provides for the State requirement the 20% of low income. They are developing a plan that would have the least impact, (to taxes as well as socially); in an environment that the State of New Jersey is requiring us to do this or they will allow a developer to build whatever they want which could result in 3000 additional children of which 20% would be low income.
Ms. Wilsol, asked why couldn’t structures similar to Osprey Point be built there instead of trailers. Mr. Dietrich answered that in order to make town houses more economical developers would want a higher unit density.
Michael Wolicki, Church Road commented that he is concerned with the section addressing the buffer zone adjacent to non-residential uses such as the Conrail property.
Robert Millar, 10 Nadine Drive, Marmora was in favor of building permanent structures on the proposed site instead of mobile homes.
Richard Travers, 14 Nadine Drive, Marmora commented on the developer and the number of units. Mr. Young explained exclusionary zoning. It is a big part of lawsuits with regard to COAH housing where the town tells the developer they can build whatever they want but the developer cannot do it because it is not economically viable. The court can step in to allow the developer to build whatever they want to satisfy the requirement. He further explained that the Township has had an exclusionary zoning ordinance and land use plan for the past twenty-five years. The reason we have not been subject to these suits is because we had the benefit of no sewers, so therefore it wasn’t our fault, it was because of environmental regulations. With the new technology available, they can take an isolated lot and build a development with a package treatment plant, and it would be economically viable. That is why when towns do the planning analysis, the COAH State program requires proof that a builder actually intends to build there so the town is required to send in a list of potential builders in order for the plan to work. The builder attorney suit comes into play when that is not done.
Janice Mc Elhenny, 12 Nadine Blvd., Palermo commented she is concerned that the crime rate may go up. She asked if the Township would be forced to have a police department. Mayor Palombo explained that the decision would be up to the legislature. He also commented that the Township has no choice but to build low-income housing to meet the COAH requirements. He assured her they are doing everything possible to find the best way to meet those requirements that would have the least negative impact on the residents of the Township.
Vivian Gilbertson, Shore Acres, Palermo Asked how if the proposed development at Shaw’s farm would have school children. Paul Dietrich explained that 80% of the project would be age restricted, and 20% would be income restricted. The proposed number of units of the 20% would allow approximately sixteen children. Bedroom restrictions would determine the number of children living at the site. A one-bedroom unit would contain no children, two-bedroom units would allow one child and three-bedroom units would have a maximum of two children. The 20% would be a mixture of one to three bedroom unit. She also agreed with the other public speakers that the buffer should be extended.
James Germanio, Belleplain asked if the development would be a gated community. Mayor Palombo stated that there is no plan for that at this time.
There were no other speakers and the public portion of the hearing was closed.
The Committee continued discussion on the ordinance.
The following are the sections of Ordinance No. 009-2007 that were amended this evening and are as follows:
Ordinance No. 009-2007 An Ordinance Amending Revised General Ordinance Chapter XIX And XX (Land Subdivision And Site Plan And Zoning) Of The Code Of Upper Township was introduced at a Regular Meeting of the Upper Township Committee of the Township of Upper held on July 23, 2007 and was read for the first time. This Ordinance was further considered for final passage at the meeting of the Upper Township Committee on August 6, 2007. At the August 6, 2007 meeting amendments to this Ordinance were read and introduced. A public hearing for consideration and final passage, as amended, was held by the Upper Township Committee at their meeting of September 10, 2007. Further amendments to this Ordinance were read and introduced by the Upper Township Committee at the meeting on September 10, 2007. A Public Hearing shall be held on the amended Ordinance No. 009-2007 and consideration for final adoption by the Upper Township Committee shall take place at the Municipal Building located at 2100 Tuckahoe Road, Petersburg, New Jersey at a meeting beginning at 7:30 P.M. on October 9, 2007.
A copy of the amended Ordinance is on file in the Office of the Municipal Clerk of the Township of Upper and can be obtained without cost by any member of the public.
The purpose of Ordinance No. 009-2007 is to revise provisions of The Code of Upper Township relating to zoning districts, land subdivision, site plan and zoning standards.
The following sections of previously proposed Ordinance No. 009-2007 were amended on September 10, 2007 as follows:
20-4.17d3 Tract boundary setback shall be seventy-five (75’) 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(d) The landscape buffer may be reduced if adjacent to an
non-residential use that requires a similar buffer, but in no case less than
fifteen (15’) feet wide with a single row of evergreen trees planted fifteen
(15’) feet on center.
Schedule C MH Mobile Home Zoning District shall be revised as follows:
Front Yard from 100’ to 75’
Side Yard from 60’ (both 120’) to 75’ (both 150’)
Rear Yard from 60’ to 75’
Landscape Buffer from35’ to 50’
The amendments listed above will be published for the public’s information. Motion made by Curtis Corson, second by Jay Newman for re-introduction of the ordinance as amended, with Public Hearing and Final Adoption set for October 9, 2007 at 7:30 P.M.
11. Public Hearing and Final Adoption of Ordinance No. 017-2007, Re: AN ORDINANCE VACATING CALIFORNIA AVENUE ABUTTING BLOCK 414, LOT 45 AND BLOCK 451, LOT 4 AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY. Committeeman Conrad did not participate in discussion on this matter. Committeeman Corson mentioned that a letter was received from contiguous property owners, Van Vorst stating that they had no objection to the vacation of that portion of California Avenue. During the public comment portion of the hearing there were no speakers, however Robert Caldwell contiguous property owner and requester of this ordinance, was present in the audience. Motion was made by Jay Newman, second by Curtis Corson to adopt Ordinance No. 017-2007. During roll call vote four Committee members voted in the affirmative. Mr. Conrad abstained from voting.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 017-2007
AN ORDINANCE VACATING CALIFORNIA AVENUE ABUTTING
BLOCK 414, LOT 45 AND BLOCK 451, LOT 4 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, Caldwell Sand and Gravel, Inc. is the owner of individual tax lots in Tax Block 414 and 451 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 roadway; and
WHEREAS, it is deemed to be in the public interest to vacate an unimproved portion of California Avenue 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 BEING VACATED:
That portion of California Avenue abutting Block 414, Lot 45 and Block 451, Lot 4 as shown on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey.
SECTION 2: This Ordinance vacates no portion of California Avenue except that portion set forth and described in SECTION 1 above.
SECTION 3: 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 4: COSTS: Caldwell Sand and Gravel, Inc. must pay to the Township Clerk all costs and expenses associated with this street vacation prior to the final adoption of this Ordinance.
SECTION 5: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 6: 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 6TH OF AUGUST, 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 10TH DAY OF SEPTEMBER, 2007 AT 7:30 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
CORRESPONDENCE
12. Jerry Mancuso, refund request for unused Construction Permit. Motion was made by Jay Newman, second by Barbara Camp to refund permit fees as allowed by law. During roll call vote all five Committee members voted in the affirmative
14. Request from Upper Township Soccer Association, Inc. to hold a raffle on 1/6/2008 at the Upper Township Community Center for a Super Bowl trip (RA 319). Motion was made by Jay Newman, second by Curtis Corson to grant the request. During roll call vote all five Committee members voted in the affirmative.
UNFINISHED BUSINESS:
PAYMENT OF BILLS:
“I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.” moved by Barbara Camp, second by Jay Newman to approve all bills submitted. During roll call vote all five Committee members present voted in the affirmative.
Payroll: $162,427.80
Bills submitted for payment: $65,231.29
CLOSED SESSION
There being no further business this evening the meeting was adjourned at 9:50 P.M. Next meeting scheduled for September 24, 2007 at 4:00 P.M.
Wanda Gaglione, RMC
Municipal Clerk
Bill List
09/11/07
044289 09/10/07 A0004 A+ COMMERCIAL OFFICE CLEANERS 275.00
044290 09/10/07 A0006 ADVANCE TREADS INC 600.00
044291 09/10/07 A0018 ACTION SUPPLY INC. 500.63
044292 09/10/07 A0025 ADVANTAGE RENTAL ACE HARDWARE 834.23
044293 09/10/07 A0028 ADVANTAGE RENTAL CENTER INC. 317.10
044294 09/10/07 A0074 ATLANTIC CARE OCCU. MEDICINE 422.26
044295 09/10/07 A0091 ATLANTIC CITY ELECTRIC 13,458.19
044296 09/10/07 A0094 ARCH WIRELESS 16.67
044297 09/10/07 B0111 BROSS, GEORGE 200.00
044298 09/10/07 B0134 BERGUS, ELIZABETH R. 417.39
044299 09/10/07 C0030 CAMP, BARBARA 60.00
044300 09/10/07 C0042 CAMPBELL FREIGHTLINER, LLC 604.65
044301 09/10/07 C0060 CAPRIONI'S PORTABLE TOILETS 1,586.00
044302 09/10/07 C0138 COASTAL PLUMBING & HEATING INC 142.50
044303 09/10/07 C0187 CROWTHER, BILL 323.98
044304 09/10/07 C0201 CRUZAN'S TRUCK SERVICE INC. 3,112.36
044305 09/10/07 D0048 DEUTER,JOHN 28.43
044306 09/10/07 E0030 EXECUTIVE BUSINESS PRODUCTS 399.73
044307 09/10/07 F0013 FARM RITE INC. 269.31
044308 09/10/07 F0015 FRANKEL, AL 190.00
044309 09/10/07 F0054 FORT DEARBORN LIFE INSURANCE 561.54
044310 09/10/07 G0008 GALLO GMC TRUCK SALES INC. 40.58
044311 09/10/07 G0015 GALL'S INC. 79.97
044312 09/10/07 G0028 GENTILINI FORD 72.30
044313 09/10/07 G0036 GFOA OF N.J. FALL CONFERENCE 325.00
044314 09/10/07 G0044 GILES & RANSOME, INC. 429.54
044315 09/10/07 G0056 GARCIA, MIKE 140.00
044316 09/10/07 G0061 GLASS SURGEON 228.00
044317 09/10/07 G0096 GRUND, GEORGE 99.95
044318 09/10/07 H0018 HAROLD RUBIN/L & H SUPPLY 503.54
044319 09/10/07 H0019 HARPER, GARY 190.00
044320 09/10/07 H0073 HOME DEPOT CRC/GECF 514.01
044321 09/10/07 J0014 JC MILLER CO. 344.45
044322 09/10/07 J0026 JIMMY'S LAKESIDE GARAGE 412.50
044323 09/10/07 K0034 KOHLER, CLAUDE JR. 4.00
044324 09/10/07 K0038 KINDLE FORD MERCURY,INC. 118.88
044325 09/10/07 K0055 KING, MIKE 140.00
044326 09/10/07 L0018 LANIER WRLDWDE/RICOH BUSINESS 1,037.19
044327 09/10/07 L0031 LORCO PETROLEUM SERVICES 280.00
044328 09/10/07 L0093 LIPKE, NEAL 360.75
044329 09/10/07 M0009 MCCAULEY, ROBERT 96.00
044330 09/10/07 M0046 MASON, DAVID 72.00
044331 09/10/07 M0057 MEYERS, GEORGE 190.00
044332 09/10/07 M0142 MASON, NICHOLAS 89.99
044333 09/10/07 M0170 MURRAY, TIM 190.00
044334 09/10/07 N0004 NJ-AMERICAN WATER CO. 125.41
044335 09/10/07 N0043 NAPA AUTO PARTS OF S.JERSEY 84.39
044336 09/10/07 P0032 PEDRONI FUEL CO. 2,539.32
044337 09/10/07 P0056 PHILADELPHIA TURF CO. 134.60
044338 09/10/07 P0094 PUBLIC SAFETY CENTER,INC. 405.80
044339 09/10/07 R0030 RIGGINS, INC. 3,649.99
044340 09/10/07 R0055 ROSIAK, CAROL 24.00
044341 09/10/07 S0031 SCHULER SECURITY, INC. 155.00
044342 09/10/07 S0057 SERVICE TIRE TRUCK CENTERS 2,480.64
044343 09/10/07 S0075 SHARP,RHONDA L. 4.00
044344 09/10/07 S0112 SOUTH JERSEY COURT ADM. ASSOC. 60.00
044345 09/10/07 S0118 SMITH, HASTINGS 166.00
044346 09/10/07 S0151 SOUTH JERSEY ANIMAL SERVICES 1,333.33
044347 09/10/07 S0216 DEPT.31 OOOO261489 49.98
044348 09/10/07 T0006 T.C.T.A.OF NJ 44.00
044349 09/10/07 T0020 TERWILLIGER, DUANE E. 240.00
044350 09/10/07 T0032 THE PRESS & SUNDAY PRESS 82.44
044351 09/10/07 T0034 THE PAPER OF U.T./GAZETTE 104.40
044352 09/10/07 T0041 THE TREE-MAN 1,360.00
044353 09/10/07 T0067 TOWNSHIP OF UPPER PETTY CASH 34.24
044354 09/10/07 T0097 TRICO EQUIPMENT INC. 472.67
044355 09/10/07 T0115 TUCKAHOE TURF FARMS INC 3,744.00
044356 09/10/07 U0008 UPPER TOWNSHIP BEACH PATROL &n