TOWNSHIP OF UPPER
CAPE MAY COUNTY
BUDGET WORKSHOP MEETING –6:30 P.M.
The Budget Workshop meeting was called to order with all five Committee members present. Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Engineer Paul Dietrich and Municipal Auditor Leon Costello.
Mr. Costello presented a preliminary budget. He discussed the Condition of Surplus figure showing this year’s figure as $694,360.41 versus last year’s figure of $454,730.84. He discussed sheet 26 showing where the change was made to increase the 2007 Surplus figure. The figure in the column named Down Payment on Improvements originally showed (minus)-$325,750, the number that was needed to balance the budget. This figure was eliminated by changes made to the capital items as follows: Purchase of Road Equipment figure was reduced to $200,000. Mr. Corson explained the $70,000 reduction was budgeted for the purchase of a cab and chassis this year. The Road Department will purchase only the two dump trucks this year, and postpone the purchase of the cab and chassis until next year.
The next item reduced is in the column labeled Purchase of Safety Equipment, and is for the purchase of a new ambulance. That figure went from $230,000 down to $40,000; instead of buying the new ambulance out of one budget year, adopting an ordinance would allow the Township to buy it over four budget years. Mr. Costello explained that the Township would be able to purchase one ambulance every four years essentially without drastically changing the budget in any year.
The next item is the Amanda’s Field Project figure of $200,000, which was omitted entirely from the Budget. The Township will use the Developer’s Recreation Fund money that has been accumulating over the years for that project.
The last item listed as the Strathmere Projects shows a figure of $206,500 and is being reduced to $136,500. This money was budgeted for a bulkhead on the street end on Whittier Avenue. The Township plans to vacate the street end (which includes the bulkhead area); the tract vacated would be split in half with ownership distributed to the two contiguous property owners. The new owners would then be responsible for that improvement. A contiguous landowner, whose marina business now encroaches onto the street end, is agreeable to this arrangement. The Mayor was concerned that it was the Township’s responsibility to insure that the work was completed. The Committee discussed consulting with Municipal Attorney Daniel Young to make the bulkhead repair a condition of the street vacation, and that if the street vacation were not perfected that the bulkhead could be budgeted again for next year.
Mr. Costello stated that this budget is balanced with no Local Purpose Tax and that “we are $240,000 better off than last years budget, and we are $493.00 within the cap.” It was discussed that the tax appeals adversely affected municipal finances this year, however they are not expected to be a problem for next year. He feels the Township is in good financial shape. Mr. Corson stated that the Township is able to give $7,500 to each Fire Company as well as a $20,000 donation to the Rescue Squad. The playground on Luke Court was discussed as to whether it could be replaced this year or not. $8000 would be taken out of the Developer’s Recreation Trust Fund for Amanda’s Field so that it could be installed this year. It was discussed that the Budget would be Introduced at the 2/26/2007 meeting with Public Hearing and Final Adoption at the 3/26/2007 meeting. When the Mayor asked the public if anyone had any questions, Ray Lepps and Timothy Schellinger commented on and discussed with the Committee some of the following items: school taxes, the funds received from hosting B.L. England, the number of children in our recreation programs, the Community Center, developer recreation fund, Amanda’s Field, etc. At 7:15 P.M. and there was no further discussion on the Budget and no further public comment, motion was made by Richard Palombo, second by Curtis Corson to adjourn the Budget Workshop, with the regular meeting to commence at 7:30 P.M. During roll call vote all five Committee members present voted in the affirmative.
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
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 - January 22, 2007 Regular Meeting, Budget Workshop, and Closed Session Minutes
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, reported that 127 animals were inoculated at the recent Rabies Clinic held at the Municipal Garage on February 3rd. The next Rabies Clinic will be held on Saturday, March 3, from 1:00 P.M. to 3:00 P.M also at the Township Garage. In addition to the free rabies inoculation for pets, annual dog licenses will be available for sale.
Barbara Camp, reported on the 2006 end of year accomplishments of Department of Public Works. They collected 9,781.5 tons of trash, and 4,823.5 tons of recyclables which reduced our solid reduction rate to 49.3%, one of the lowest in the county. During this current reporting period all of the speed bumps in various areas in the Township were painted with yellow slash lines to alert motorists of their locations. The snowplows and salting equipment are operational and are out at this moment salting the roads and will be at the schools in preparation of school openings tomorrow morning. She discussed the many changes coming this year in the Solid Waste Plan that will require the Township to remove more material from the waste stream to be recycled. As details are worked out the information will be disseminated to the public. We have boxes placed at the Township Hall and the schools to recycle rechargeable batteries; also we will begin to collect electronics and televisions separately for recycling.
Curtis Corson, Deputy Mayor, discussed the Budget Workshop that took place earlier this evening. He anticipates that the Budget will be Introduced at the February 26th meeting with Public Hearing and Final Adoption set for March 26th meeting.
Jay Newman, reported that Fire and Rescue were fairly quiet except for tonight with the icy road conditions. The Recreation programs such as basketball and other indoor sports, are underway.
He made a motion to authorize $208,000 be removed from the Recreation Trust Fund for improvements to Amanda’s Field and the Luke Court tot lot. Mr. Corson seconded the motion with all five Committee members voting in the affirmative.
Mr. Newman made a motion to promote Dwayne Terwilliger to Assistant Recreation Supervisor as of March 1, 2007, (replacing David Mason who has retired); and hire Michael Mayne as a full time worker to the Dept. of Recreation. Frank Conrad seconded the motion. During roll call vote all five Committee members voted in the affirmative.
Richard Palombo, Mayor, commented that the Ocean Drive Bridge into Strathmere will be closed for three weeks starting February 20th, for work on the second phase of repairs. He asked Nancy Rump from the Gazette to place a notice in the paper for residents. The only access into Strathmere will be through Sea Isle. It was discussed at the Emergency Management meeting that the same plan used during the summer months will also be implemented during this time. In addition, the CMC Bridge Commission has instructed the contractor that in the event of a forecasted storm and tidal flooding they are to interrupt the work and lower the bridge span so it can be used as an evacuation route. Emergency Management Director John Deuter will keep us informed of the progress.
He congratulated employee Leroy Shone for receiving the certificate for Public Works Manager from the Div. of Local Government Services.
He discussed wireless communications and asked to be kept informed as to how other municipalities are utilizing it.
He discussed an MUA Convenience Account asking to be reinstated after being past due for over a year. Accepting an escrow amount was discussed. The Committee asked for more information on the matter prior to making a decision.
Paul Dietrich, Municipal Engineer, discussed that the American Red Cross in is looking for some used computers and a network server to use in their Cape May Court House office. He asked the Committee if they would consider donating our old server to the Red Cross. We upgraded our server over 2 years ago and have no plans to utilize the old one, as it will not handle much of the software we now use. A resolution would be placed on a future agenda to declare the server as surplus.
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO.037-2007tc \l 1 " RESOLUTION NO. __021_-2002"
HONORING CARROLL BAILEY
ON HER RETIREMENT FROM THE TOWNSHIP OF UPPER
WHEREAS, Carroll Bailey of the Township of Upper, will soon be retiring after more than fifteen (15) years of public service to this community as Assistant Purchasing Agent and Deputy Treasurer with the Upper Township Treasurer’s Office; and
WHEREAS, it is most appropriate that Carroll’s tenure of public employment and her years of faithful and dedicated service to this Township be publicly recognized;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. That Carroll Bailey be publicly congratulated on the occasion of her retirement from the Township of Upper.
2. That she be publicly thanked for her many years of dedicated public service to our community.
3. That this Committee, on behalf of all the citizens of the Township of Upper extend to Carroll Bailey, our fellow employee and friend, our very best of wishes on her retirement and her future.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 13th day of February, 2007.
Resolution No. 037-2007
Offered by: Corson, Seconded by: Camp
Adopted: February 13, 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. 038-2007
RE: APPOINTMENT OF MICHELLE H. JOHNSON
AS A FULL-TIME ASSESSING CLERK
TO THE UPPER TOWNSHIP TAX ASSESSOR’S OFFICE
WHEREAS, a need exists to appoint qualified personnel as full-time employees to the Upper Township Tax Assessor’s Office; and
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of January 22, 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. Michelle H. Johnson is hereby appointed in a full-time Assessing Clerk position effective March 1, 2007 at an annual salary of $28,000.00 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 January 22, 2007.
Resolution No. 038-2007
Offered by: Corson, Seconded by: Newman
Adopted: February 13, 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. 039-2007
RE: APPOINTMENT OF THERESE A. SMUZ
AS A FULL-TIME CLERK/TYPIST
TO THE UPPER TOWNSHIP TREASURER’S OFFICE
WHEREAS, a need exists to appoint qualified personnel as full-time employees to the Upper Township Treasurer’s Office; And
WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of January 22, 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. Therese A. Smuz is hereby appointed in a full-time Clerk/Typist position effective February 2, 2007 at an annual salary of $28,000.00 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 January 22, 2007.
Resolution No. 039-2007
Offered by: Corson, Seconded by: Newman
Adopted: February 13, 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. 040-2007
RE: APPOINTMENT OF JEFF SCHNELL
TO THE RECREATION COMMITTEE
AS ALTERNATE MEMBER IN CHARGE OF IN-LINE HOCKEY.
WHEREAS, a need exists to fill the seat for an Alternate Member in charge of In-line Hockey;
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. Jeff Schnell is hereby appointed to the Recreation Committee of the Township of Upper, effective immediately and to serve in the capacity of Alternate Member in charge of In-line Hockey, which consists of a (1) year term, which commences immediately and expires on December 31, 2007, and, that such member shall continue to serve until his successor is duly appointed and qualified.
Resolution No. 040-2007
Offered by: Newman, Seconded by: Camp
Adopted: February 13, 2007Roll Call Vote:
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 041-2007
RE: A RESOLUTION COMMEMORATING THE 20TH ANNIVERSARY OF THE ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND
______________________________________________________________
WHEREAS, the Atlantic County Municipal Joint Insurance Fund has been organized pursuant to N.J.S.A. 40A:10-36 et seq.; and
WHEREAS, Upper Township is a member of the Atlantic County Municipal Joint Insurance Fund; and
WHEREAS, the Atlantic County Municipal Joint Insurance Fund commenced operations on January 1, 1987 with seven charter members who, when challenged with an unfavorable market for their insurance, decided to join together to avoid the high costs and limited coverage associated with traditional insurance for fire and property, liability and workers compensation risks; and
WHEREAS, over the past 20 years the Fund has grown to 43 members and stands today as one of the greatest examples of an interlocal service agreement in the State of New Jersey’s history; and
WHEREAS, municipalities participating in the Atlantic County Municipal Joint Insurance Fund have saved their local taxpayers millions of dollars in the form of lower premiums and the return of nearly $17 million dollars in surplus distributions; and
WHEREAS, the elected officials and the municipal employees covered by the Atlantic County Municipal Joint Insurance Fund are the foundation of the Fund’s success and without whose dedication to the Fund Safety and Risk Management programs the Fund would not have achieved the status it enjoys today; and
WHEREAS, Upper Township wishes to recognize and commemorate the Fund on its 20th year of successful operation.
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 recognize and commemorate 2007 as the 20th year of the successful operation of the Atlantic County Municipal Joint Insurance Fund; and
BE IT FURTHER RESOLVED that the Township of Upper wishes to acknowledge this 20th Anniversary as a milestone event in the history of the Fund and wishes the Fund continued success for many years to come; and
BE IT FURTHER RESOLVED that a copy of this Resolution shall be provided to the Executive Director of the Atlantic County Municipal Joint Insurance Fund for his information and distribution to the membership.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 13th day of February, 2007.
Resolution No. 041-2007
Offered by: Conrad Seconded by: Camp
Adopted: February 13, 2007
Roll Call Vote:
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. 042-2007
RE: AUTHORIZING THE MAYOR TO SIGN
SITE INVESTIGATION REPORT CERTIFICATION
FOR THE FORMER GULF GAS STATION/ESTATE OF SAM MIGLIACCIO
__________________________________________________________________________
WHEREAS, the Township of Upper has received a Site Investigation Report for the former Gulf Gas Station/Estate of Samuel Migliaccio for property at 1875 Route 50 and further defined as Block 339, Lots 1-8 and 17-23 in Upper Township, Cape May County, New Jersey from Brinkerhoff Environmental Services, Inc.; and
WHEREAS, pursuant to N.J.A.C. 7:26E, a notarized Certification is required to be submitted to the New Jersey Department of Environmental Protection, along with the original Site Investigation Report.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Mayor of the Township of Upper is hereby authorized, directed and empowered to sign the Certification outlined above.
3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution.
Resolution No. 042-2007
Offered by: Corson, Seconded by: Camp
Adopted: February 13, 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. 043-2007
RE: IN SUPPORT OF THE COUNTY OF CAPE MAYS
NOTICE OF APPEAL AND MOTION FOR SUMMARY DISPOSITION COMPELLING THE NEW JERSEY DEPARTMENT OF TRANSPORTATION TO OPEN THE BEESLEYS POINT BRIDGE
___________________________________________________________________________
WHEREAS, the County of Cape May has filed a Notice of Appeal and Motion for Summary Disposition in the Appellate Division of the New Jersey Superior Court to compel the New Jersey Department of Transportation to immediately address its failure to remediate the closure of the Beesleys Point Bridge;
WHEREAS, the Beesleys Point Bridge was closed to all vehicular traffic on or about June 24, 2004 and to date remains closed; and
WHEREAS, the closure of the Beesleys Point Bridge and the current construction on the 9th Street Causeway into Ocean City will continue to cause severe congestion on Roosevelt Boulevard, New Jersey State Route 9 and the Garden State Parkway this spring and summer as well as create a dangerous condition by severely reducing emergency evacuation routes and by extending emergency vehicle response time to and from hospitals in Atlantic County;
WHEREAS, the lack of action by the New Jersey Department of Transportation in remediating the closure of the Beesleys Point Bridge has had a significant negative impact on the health, safety and welfare of the residents and visitors traveling in this area; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Township Committee of the Township of Upper hereby supports the actions of the County of Cape May in the filing in the New Jersey Superior Court Appellate Division of In the Matter of the Failure of the New Jersey Department of Transportation to Remediate the Closure of the Beesleys Point Bridge Notice of Appeal and Motion for Summary Disposition.
SEQ ì_0 \* Arabic \n3. A copy of this Resolution shall be forwarded to the Cape May County Board of Chosen Freeholders, the City of Somers Point, the Atlantic County Board of Chosen Freeholders, Senator Nicholas Asselta, Assemblyman Jeff Van Drew and Assemblyman Nelson T. Albano.
SEQ ì_0 \* Arabic \n4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 043-2007
Offered by: Newman, Seconded by: Camp
Adopted: February 13, 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. 044-2007
RE: AUTHORIZING RELEASE OF PERFORMANCE BOND AND MAINTENANCE BOND
DEVELOPER: STEVEN DeCREDICO and TRACEY DeCREDICO
SUBDIVISION: DeCREDICO MAJOR SUBDIVISION
PROPERTY: BLOCK 567, LOT 14
_________________________________________________________________
WHEREAS, the Developer has requested final inspection and release of the Performance Bond currently held by the Township of Upper as well as release from the requirements of a Maintenance Bond with respect to the project or subdivision described herein; and
WHEREAS, the Township Engineer has made a final inspection of the improvements constructed which have been in service for an excess of two years and has determined same are in satisfactory working condition; and
WHEREAS, the Township Engineer, based on the field inspection of the work completed, has recommended a release of the requirements for a Performance Bond and Maintenance Bond in a report to the Township Committee dated January 29, 2007, a copy of which is attached hereto as Exhibit A and incorporated herein by reference;
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. Based upon the recommendations of the Municipal Engineer, the Performance Bond and Maintenance Bond (cash and surety) in the amount of $6,416.73 plus interest and the remaining inspection fee (less $40.00 for inspection to be billed) shall be released.
3. The original Performance Bond with the notation that the same has been endorsed and released by the Township of Upper, signed by the Township Clerk and countersigned by the Chief Financial Officer together with a certified copy of this Resolution shall be conclusive evidence of the cancellation of the Performance Bond and the release and discharge of the principal and the surety from its obligations thereunder.
4. The Township hereby dispenses with the requirement for the developer to provide a Maintenance Bond since all improvements have been in place and in service for more than two (2) years and based upon the inspection of the Municipal Engineer, all such improvements are in satisfactory condition and, therefore, there is no necessity, under these circumstances, to impose the requirement of a Maintenance Bond.
Resolution No. 044-2007
Offered by: Newman, Seconded by: Palombo
Adopted: February 13, 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. 045-2007
RE: AUTHORIZING THE RELEASE OF
MAINTENANCE BOND OF W. SCOTT GEORGETTI
OWNER AND/OR DEVELOPER: W. SCOTT GEORGETTI
FOR THE SUBDIVISION KNOWN AS: “MARISSA COURT MAJOR SUBDIVISION”
PROPERTY: ON BLOCK 453, LOT 274
____________________________________________________________________
WHEREAS, W. Scott Georgetti (hereinafter Developer), has completed the work on the project known as “Marissa Court Major Subdivision” and requested final inspection of same by the Municipal Engineer for the Township of Upper; and
WHEREAS, the Municipal Engineer has determined that all improvements have been installed and have been in service for an excess of two years and are in satisfactory working condition; and
WHEREAS, the Municipal Engineer, based on the field inspection of the work completed as indicated on Exhibit “A” attached hereto, has recommended a release of the Maintenance Bond (Cash and Surety) in the amount of $21,397.32 plus interest and the remaining Inspection Fee (less $120.00 for inspection to be billed) in accordance with the municipal ordinances of the Township of Upper;
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 above are incorporated herein by this reference.
2. The original Maintenance Bond posted by the Developer shall be released.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 045-2007
Offered by: Conrad, Seconded by: Newman
Adopted: February 13, 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. 046-2007
RE: AUTHORIZING THE RELEASE OF
MAINTENANCE BOND OF GEORGETTI CONSTRUCTION, INC.
OWNER AND/OR DEVELOPER: W. SCOTT GEORGETTI
FOR THE SUBDIVISION KNOWN AS: “CEDARCREST COURT MAJOR SUBDIVISION”
PROPERTY: ON BLOCK 567, LOT 23.02
____________________________________________________________________
WHEREAS, Georgetti Construction, Inc. (hereinafter Developer), has completed the work on the project known as “Cedarcrest Court Major Subdivision” and requested final inspection of same by the Municipal Engineer for the Township of Upper; and
WHEREAS, the Municipal Engineer has determined that all improvements have been installed and have been in service for an excess of two years and are in satisfactory working condition; and
WHEREAS, the Municipal Engineer, based on the field inspection of the work completed as indicated on Exhibit “A” attached hereto, has recommended a release of the Maintenance Bond (Cash and Surety) in the amount of $11,467.26 plus interest and the remaining Inspection Escrow and Street Lighting Fee (less $120.00 for inspection to be billed) in accordance with the municipal ordinances of the Township of Upper;
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 above are incorporated herein by this reference.
2. The original Maintenance Bond posted by the Developer shall be released.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 046-2007
Offered by: Conrad, Seconded by: Newman
Adopted: February 13, 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. 047-2007
RE: RESOLUTION RENEWING MINING LICENSES AS FOLLOWS:
EARTHWORK ASSOCIATES, INC.
BLOCK 414, LOT 45 AND BLOCK 451, LOT 4
DENNISVILLE/PETERSBURG ROAD
PETERSBURG, NEW JERSEY
HANSON AGGREGATES BMC/UPPER TOWNSHIP SAND & GRAVEL
BLOCK 453, LOT 4
ROUTE 610 DENNISVILLE/PETERSBURG ROAD
PETERSBURG, NEW JERSEY
HANSON AGGREGATES BMC, INC./JULIE’S PIT
BLOCK 414, LOT 44
ROUTE 610 DENNISVILLE/PETERSBURG ROAD
PETERSBURG, NEW JERSEY
THOMAS TOWER/ACTION SUPPLY, INC.
BLOCK 565.03, LOTS 54
BLOCK 549, LOTS 132, 133, 134, 135 & 136
1413 STAGECOACH ROAD
SEAVILLE, NEW JERSEY
THOMAS TOWER AND ATLANTIC MASONRY SUPPLY, INC.
BLOCK 565.03, LOTS 55.02, 56 & 57;
BLOCK 549, LOTS 111, 127, 128 & 129
1413 STAGECOACH ROAD
SEAVILLE, NEW JERSEY
TUCKAHOE SAND AND GRAVEL
BLOCK 249, LOT 1; BLOCK 248, LOTS 1, 2, 3, 4, 5, 6, 7 & 8
BLOCK 247, LOTS 4, 9 & 10
ROUTE 610
PETERSBURG, NEW JERSEY
FREDERICK DALEY, T/A DALEY’S PIT
BLOCK 453, LOT 3
ROUTE 610 DENNISVILLE/PETERSBURG ROAD
PETERSBURG, NEW JERSEY
___________________________________________________________________
WHEREAS, Chapter XV of the Code of Upper Township requires a license for the excavation or mining of sand, gravel, earth, soil or mineral products which license shall be issued on an annual basis;
WHEREAS, each of the mining operations hereinafter designated has completed the application process in accordance with the Code of Upper Township; and
WHEREAS, the Township Committee has reviewed the recommendation of the Township Engineer after his inspection of said mining facilities and review of each application for license renewal and has determined to renew said licenses in accordance with the terms hereinafter specified;
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 following mining and soil excavation licenses are hereby renewed for a term of one (1) year commencing February 1, 2007:
A. Earthwork Associates, Inc., Block 414, Lot 45 and Block 451, Lot 4, Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
B. Hanson Aggregates BMC, Inc./Upper Township Sand & Gravel, Block 453, Lot 4, Route 610 Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
C. Hanson Aggregates BMC, Inc./Julie’s Pit, Block 414, Lot 44, Route 610 Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
D. Thomas Tower/Action Supply, Inc., Block 565.03, Lot 54; Block 549, Lots 132, 133, 134, 135 & 136, 1413 Stagecoach Road, Seaville, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
E. Thomas Tower and Atlantic Masonry Supply, Inc., Block 565.03, Lots 55.02, 56 & 57; Block 549, Lots 111, 127, 128 & 129, 1413 Stagecoach Road, Seaville, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
F. Tuckahoe Sand and Gravel, Block 249, Lot 1; Block 248, Lots 1, 2, 3, 4, 5, 6, 7 & 8; Block 247, Lots 4, 9 & 10; Route 610; Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
G. Frederick Daley, T/A Daley’s Pit; Block 453, Lot 3; Route 610 Dennisville/Petersburg Road, Petersburg, New Jersey, in accordance with and subject to compliance with all terms, conditions and other approvals as specified in any resolution of the Upper Township Planning Board or Upper Township Zoning Board of Adjustment, as applicable.
3. All officials of the Township are hereby authorized to take such action as may be necessary or required to carry out the intent and purpose of this Resolution.
4. This Resolution shall become effective immediately upon adoption and retroactive to February 1, 2007.
Resolution No. 047-2007
Offered by: Corson, Seconded by: Newman
Adopted: February 13, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x_ _____
Conrad _____ x _ _____
Corson x_ _ _____
Newman x_ _____
Palombo x_ _____
12. Authorizing the submittal and execution of Smart Growth Implementation Assistance Application for FY2007 with the U.S. Environmental Protection Agency.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 048-2007
RE: AUTHORIZING THE SUBMITTAL AND EXECUTION OF
SMART GROWTH IMPLEMENTATION ASSISTANCE APPLICATION FOR FY2007
WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY
____________________________________________________________________
WHEREAS, the Township of Upper has previously received a $50,000 Grant
from Office of Smart Growth to prepare a Plan Endorsement Petition; and
WHEREAS, the Township has worked with the Office of Smart
Growth and New Jersey Department of Environmental Protection to develop Center boundaries
that promote Smart Growth; and
WHEREAS, the Township has identified in the Planning and Implementation
Agenda within the Plan Endorsement Petition to “Undertake four design charettes for Seaville, Marmora/ Palermo/ Beesley’s Point, Tuckahoe and Petersburg Centers by use of design workshops to refine the vision for zoning and design standards for Centers and planned Cores in Marmora and Seaville”; and
WHEREAS, the Township Committee of the Township of Upper has determined that it is appropriate for the Township to apply for a Smart Growth Implementation Assistance grants to be utilized for the tasks referenced herein; and
WHEREAS, the Township Committee of the Township of Upper has determined that a grant application should be submitted under the Smart Growth Implementation Assistance program through the Development, Community and Environmental Division of the U.S. EPA’s Office of Policy, Economics and Innovation to request technical assistance.
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 shall apply for a Smart Growth Implementation Assistance for 2007 to provide technical assistance in developing plans that will analyze regional issues while focusing on local community needs within Township Centers and other Township areas in developing design standards for the Township’s Town Centers of Seaville and Beesley’s Point – Marmora – Palermo.
3. The Township Engineer is hereby directed to take such action as may be necessary to complete any and all grant application packages for Smart Growth Implementation Assistance.
4. All Township officials are hereby authorized and directed to execute, on behalf of the Township of Upper, any and all such documents or applications and take any such further action as may be necessary in order to further the purposes of this Resolution.
Resolution No. 048-2007
Offered by: Corson, Seconded by: Camp
Adopted: February 13, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x_______ __________ __________ __________
Conrad __x_______ __________ __________ __________
Corson __x_______ __________ __________ __________
Newman __x_______ __________ __________ __________
Palombo __x_______ __________ __________ __________
Robert Vicario, Tuckahoe Road, Petersburg, stated the he is unclear as to what Affordable Housing is and feels many other people feel the same. He suggested putting together a survey to see how it has affected other municipalities, their tax base, and schools. Mayor Palombo stated that we have tried to take full advantage of senior housing and other opportunities and work within the guidelines with the least amount of impact on our community. Mr. Young stated that the obligation comes from the Fair Housing Act of the State of New Jersey and the Supreme Court of New Jersey, Mt. Laurel decision. We escaped that obligation for many years because we couldn’t build multi-family developments without public sewer systems. Because technology now allows onsite treatment plants, we now have to address that obligation. Right now the Planning Board is reexamining that part of our Master Plan in an attempt to figure out the best plan for the Township. Once that plan is formulated there are many ways to satisfy the requirements. Several of the ways have been altered by this recent court decision. COAH itself has had many of its regulations invalidated. It is a difficult process however something we must do.
Michael Young, 1350 Stagecoach Rd., discussed the affect on the Township of tabling this ordinance with some of the development projects now in progress.
John Mirallegro, 52 Linda Lane, continued discussion on the recent court decision regarding the COAH Act.