TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR SEPTEMBER 24, 2007

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00  P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAG

 

ROLL CALL

 

Barbara Camp Present

            Frank E. Conrad          Present

Curtis Corson               Present  

            John “Jay” Newman     Present

Richard Palombo          Present

 

Also present were Deputy Municipal Clerk Barbara A. Spiegel, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

 

APPROVAL OF MINUTES  -         September 10, 2007 Regular Meeting and

                                                             Closed Session Minutes

Moved by Jay Newman, second by Barbara Camp to approve the Minutes as written.  During roll call vote five Committee members voted in the affirmative.

 

REPORT OF GOVERNING BODY MEMBERS

Frank Conrad, reported on the sports programs offered by the Township.  He would like to see a committee formed to implement other recreation programs that would be available on a countywide level in addition to the football program. He made a recommendation to send a letter from the Township Committee to the adjoining municipalities in Cape May County asking them if they are interested in participating in a countywide recreation committee to develop additional general recreation programs.

 

Barbara Camp, reported on a letter the Clerk’s Office received from union representatives David Pennello and Raymond Blaker informing the Township that they are ready to start the process for contract negotiations.  They are in the last year of their contract and would like to set dates to start the process.  Barbara Camp made a motion to appoint the Mayor and the Director of Revenue to facilitate the negotiations and schedule dates to begin the negotiations, second by Jay Newman. During roll call vote all five members voted in the affirmative.

 

OTHER REPORTS

 

Daniel Young, Municipal Attorney, reported on a letter he received from New Jersey Department of Community Affairs with respect to the conflict of interest policy under the New Jersey Administrative Code with respect to the Construction Official as contained in the Uniform Construction Code. He commented that the Construction Office has received a request for a construction permit from Deputy Mayor Curtis Corson’s mother.  It has been determined by the Department of Community Affairs that it would be a conflict of interest for the Code Official to review the matter or to conduct any inspections relating to the matter. The regulation requires that we look to other construction code officials in other municipalities in lieu of the Department of Community Affairs. The Department of Community Affairs will step in only if we fail or are unable to make arrangements with another municipality.  Motion made by Barbara Camp that the Purchasing Agent or Clerk be given the authority to contact Dennis Township to handle matters of conflict as well as reciprocate. Motion seconded by Frank Conrad. During roll call vote four members voted in the affirmative, Mr. Corson abstained.

 

Paul Dietrich, Municipal Engineer, reported on the County grant program. He reported that there is approximately $22,000 remaining from the county grant money for the purchase of equipment. Mr. Dietrich also reported that the money must be expended before the end of the calendar year. Quotes for equipment have been received and are coming in lower than expected. Mr. Dietrich recommended that the remainder of the grant money be used for the replacement of one of the older pickup trucks for the Public Works Department.  Jay Newman made a motion to authorize the purchase of a pickup truck based on the budget money. Motion seconded by Barbara Camp, during roll call vote all five Committee members present voted in the affirmative.

Mr. Dietrich also made a recommendation that David Pennello replaces a member of the Safety Committee. Curtis Corson made a motion to appoint David Pennello to the Safety Committee to replace Robert McCauley.  Motion seconded by Barbara Camp. During roll call vote all five Committee members voted in the affirmative.

 

Patricia Garbutt, Chief Financial Officer, reported that Upper Township’s Clean Community Day is scheduled for Saturday October 13, 2007.

 

RESOLUTIONS

 

1.      Appointing an official to bid at the tax sale scheduled for November 27, 2007.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

                      R E S O L U T I O N

                    RESOLUTION NO.188-2007

RE:  APPOINTING AN OFFICIAL TO BID AT THE

TAX SALE SCHEDULED FOR NOVEMBER 27, 2007 _______________________________________________________________

 

WHEREAS, a Tax Sale is scheduled to be conducted by the Tax Collector of the Township of Upper on November 27, 2007 at 10:00 A.M.; and

WHEREAS, the Township Committee has duly considered the matter and has determined to take the action hereinafter designated.

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, Patricia A. Garbutt, and or the Tax Assessor, Meghan McAfee are hereby designated and appointed as the officials who may bid at said Tax Sale on behalf of the Township of Upper on the scheduled date, as well as on any other date to which the Tax Sale may be adjourned.

3.  The Chief Financial Officer, Patricia A. Garbutt and or the Tax Assessor, Meghan McAfee are hereby authorized to expend on behalf of the Township, up to $30,000.00 in order to purchase Tax Liens.                                      

Resolution No. 188-2007

Offered by: Newman        Seconded by: Camp

Adopted: September 24, 2007

Roll Call Vote

NAME    YES     NO    ABSTAINED ABSENT

Camp        __x____ _____   _____   _____

Conrad  __x____ _____   _____   _____

Corson  __x____ _____   _____   _____

Newman  __x____ _____   _____   _____

Palombo __x____  _____  ___      _____

                                                                      

2.      Confirming the appointment of Raymond Norton as a part-time employee of the Upper Township Division of Emergency Medical Service.

            TOWNSHIP OF UPPER

                           CAPE MAY COUNTY

                         R E S O L U T I O N

                       RESOLUTION NO. 189-2007

           

RE:  CONFIRMING THE APPOINTMENT OF RAYMOND NORTON

 AS A PART-TIME EMPLOYEE

OF THE UPPER TOWNSHIP DIVISION OF EMERGENCY MEDICAL SERVICES

 

WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Division of Emergency Medical Services to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of September 24, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken; and

        

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

1.  The allegations of the preamble are incorporated herein by this reference.

           2.  Raymond Norton is hereby appointed as a member of the Division of Emergency Medical Services in a part-time position effective immediately at a salary of $12.00 per hour.

3.                                                           This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of September 10, 2007.

Resolution No. 189-2007

Offered by: Newman       Seconded by: Palombo

Adopted: September 24, 2007

Roll Call Vote:

NAME           YES           NO         ABSTAINED     ABSENT

Camp         ___x______    __________   __________   __________

Conrad       ___x______    __________   __________   ______­____

Corson       ___x______    __________   __________   __________

Newman       ___x______    __________   __________   __________

Palombo      ___x______    __________   __________   __________

 

3.      Authorizing a refund for a Building Permit to Jerry and Cindy Mancuso in the amount   of $232.00.

            TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.  190-2007

RE:  AUTHORIZING A REFUND FOR A BUILDING PERMIT

TO JERRY AND CINDY MANCUSO

IN THE AMOUNT OF $232.00

 

            WHEREAS, Jerry and Cindy Mancuso have paid the sum of  $297.00 for the

 

payment of a building permit,  and        

           

WHEREAS, permit  #2006-0483 was issued and then voided and never used by the applicants; and

WHEREAS, it has been recommended by the Upper Township Code

 

Enforcement Officer that a refund in the amount of $232.00 be given. The refunded

 

amount is the difference between the total fee paid and the nonrefundable State and

 

plan review fees as indicated on Exhibit A;

 

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the

 

Township of Upper in the County of Cape May, that the Municipal Clerk is hereby

 

directed to take such corrective action as indicated below.

                                                                                                           

Resolution No.  190 -2007

Offered by: Camp                                     Seconded by: Conrad

Adopted:  September 24, 2007

 

Roll Call Vote:

NAME                         YES                 NO                  ABSTAINED              ABSENT

Camp                           __x_____        ______            ______                        ______

Conrad                         __x_____        ______            ______                        ______

Corson                         __x_____        ______            ______                        ______

Newman                      __x_____        ______            ______                        ______

Palombo                       __x_____        ______            ______                        ______

 

Refund-Jerry and Cindy Mancuso.

(Permit attached as Exhibit A)

                                                           

Total Sub Code fee was--------------------------------------------------        $240.00

minus 20% plan review, returnable balance would be---------------      $192.00

 

DCA fee of $17.00 is paid to the State and is not returnable-------       -0-

 

Certificate of Occupancy fee is $40.00 and is returnable in full.--           +$40.00

 

Total fee that should be returned is--------------------------------------  $232.00             

 

4.       Authorizing the release of Performance Bond and the acceptance of a 2-year Maintenance Bond, Owner/ and or Developer: Cedar Villas, Inc., Winchester Court Major Subdivision, Property: Block 453.10, Lots 337.01 and 14.

 

Paul Dietrich, Municipal Engineer, reported that the developer has finished the paving and all other improvements have been installed.

Daniel Young, Municipal Attorney, reported that the agenda should read that the guarantee is an irrevocable letter of credit not a Performance Bond.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO. 191-2007

 

RE: AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEE AND

THE ACCEPTANCE OF A 2-YEAR MAINTENANCE GUARANTEE OF

 

OWNER AND/OR DEVELOPER: CEDAR VILLAS INC.

SUBDIVISION: WINCHESTER COURT MAJOR SUBDIVISION

PROPERTY: BLOCK 453.10, LOTS 337.01 AND 14

_______________________________________________________________

 

WHEREAS, Cedar Villas Inc., (hereinafter ADeveloper@), has heretofore requested acceptance of a Maintenance Guarantee for the major subdivision project known as “Winchester Court Major Subdivision” in Block 453.10, Lots 337.01 and 14; and

WHEREAS, Developer has completed all work in conformance with the plans and specifications as certified and inspected by the Township Engineer and the Performance Guarantee now held by the Township should be released as recommended in the Township Engineer’s letter attached as “Exhibit A”; and

WHEREAS, Developer is required to furnish a Maintenance Guarantee pursuant to N.J.S.A. 40:55D-53, for the aforesaid project; and

WHEREAS, said Maintenance Guarantee shall be for two (2) years in an amount equal to 15% of the original construction value of $216,050.00 or $32,407.50 in accordance with the municipal ordinance of the Township of Upper;

WHEREAS, the Developer has presented to the Township a Maintenance Guarantee in the form of an Irrevocable Standby Letter of Credit as follows:

          Letter of Credit NO.    136192070402

 

Principal:              Cedar Villas, Inc.

                   503 Pacific Avenue

Marmora, NJ 08223

 

Surety:                      Commerce Bank, N.A.

                             6000 Atrium Way

2^nd Floor

Mount Laurel, NJ 08054

 

Amount Cash:            $ 3,240.75

 

Amount, Surety:          $29,166.75

 

Letter of Credit Date:  September 18, 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 Surety Guarantee described in this Resolution is hereby accepted and approved.

3. The Performance Guarantee now held by the Township is hereby released.

4.  All Township officials and officers are hereby authorized and empowered to take all actions deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.

Resolution No. 191-2007

Offered by:Conrad       Seconded by:Camp

Adopted: September 24, 2007

 

Roll Call Vote:

NAME          YES           NO        ABSTAINED    ABSENT

Camp        ____x______    __________   __________   ______­____

Conrad      ____x______    __________   __________   __________

Corson      ____x______    __________   __________   _________

Newman      ____x______    __________   __________   _________

Palombo     ____x______    __________   __________   __________

 

5. Appointment of Norman W. Briggs to act as special legal counsel.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.   192-2007

RE:   APPOINTMENT OF NORMAN W. BRIGGS

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, Norman W. Briggs, Esquire has completed and submitted a Business Entity Disclosure Certification which certifies that Norman W. Briggs, 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 Norman W. Briggs, 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.  Norman W. Briggs, Esquire with offices at 15 North Shore Road, Marmora, 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 as of the date of full execution thereof 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 Aprofessional service@ in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Norman W. Briggs, 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 Norman W. Briggs, 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 Norman W. Briggs, 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.              192 -2007

Offered by: Camp         Seconded by: Palombo

Adopted:  September 24, 2007

 

Roll Call Vote:

NAME                 YES               NO             ABSTAINED    ABSENT

Camp               ___X______    __________   __________   ______­____

Conrad             ___X______    __________   __________   __________

Corson             ___X_______   __________   __________   _________

Newman          ___X______   __________   __________   __________

Palombo           ___X______    __________   __________   __________

 

6. Appointment of William D. Crane Associates, Inc. to provide planning services with                 respect to a petition for de-annexation of sections of the Township.

 

TOWNSHIP OF UPPER

CAPE MAY COUNTY

R E S O L U T I O N

RESOLUTION NO.    193 -2007

RE:  APPOINTMENT OF WILLIAM D. CRANE ASSOCIATES, INC.

TO PROVIDE PLANNING SERVICES WITH RESPECT TO

A PETITION FOR DE-ANNEXATION OF SECTIONS OF THE TOWNSHIP

 

WHEREAS, the Township requires a professional planner to advise the Township in regard to a petition for de-annexation of sections of the Township; and

WHEREAS, a resolution is required authorizing the award of such contract for professional services; and

WHEREAS, William D. Crane Associates, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that William D. Crane Associates, Inc. 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 William D. Crane Associates, Inc. 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.  William D. Crane Associates, Inc. with offices at 77 Marshall Drive, Egg Harbor Township, New Jersey is hereby appointed Professional Planner to provide planning services to the Township in regard to a petition for de-annexation of sections of the Township.

3. William D. Crane Associates, Inc. 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 Aprofessional service@ in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because William D. Crane Associates, Inc. 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 William D. Crane Associates, Inc. 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 William D. Crane Associates, Inc. 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.