TOWNSHIP OF UPPER
CAPE MAY COUNTY
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 Deputy Municipal Clerk Barbara Young, and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - January 28, 2008 Regular Meeting, Budget Workshop
Meeting and Closed Session Minutes
Both sets of Minutes approved as written, motion by Jay Newman, second by Frank Conrad.
During roll call vote all five Committee members voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad reported that he had the pleasure of attending the Tuckahoe Volunteer Fire Company Installation dinner on Saturday. He commented that it appeared everyone had a good time in spite of the fact that the members were surely tired from battling the recent fire on Homestead Road in Tuckahoe over the past couple of days. He also commented that it was nice to see so many younger men and woman who have become members.
Curtis Corson, reported that a Jet Ski was removed from the budget at the last budget workshop meeting. Mr. Corson commented that after discussion with some of the Township’s Island residents and rescue personnel, he would like to recommend the insertion the Jet Ski back in the budget for safety reasons as a Capital Improvement item. Mr. Corson also made a recommendation to develop a policy for use of the Jet Ski. He reported that the Township would receive funds again this year from the County Municipal Public Improvements Joint Venture Program. He commented that the funds could be used for Capital Improvement items. Mr. Corson also reported that Brenda Layton, Supervisor, Department of Recreation requested the purchase of an Overseeder in her initial budget request.
Jay Newman, reported on a fire that occurred recently on Homestead Road in Tuckahoe. He reported that the majority of the Township’s fire and rescue personnel responded to the incident. He commented that everything went well given the circumstances; the fire being in the middle of the night at a home that is probably one of if not the furthest homes in the Township. Mr. Newman commented that the fire is still under investigation.
Richard Palombo, congratulated employee Barbara Young from the Clerk’s Office for successful completion of the Registered Municipal Clerk’s exam. He also congratulated Patricia Garbutt, Chief Financial Officer on her certification for Municipal Finance Officer. Mayor Palombo reported that the Census Bureau is looking for workers. He commented on the importance of making sure the Township is in complete compliance with census requirements and that the entire population of the Township be accounted for since some of the residents within the Township receive mail delivery through a rural carrier from post offices that are located outside of the Township. The Committee discussed conducting a survey asking residents if they would be in favor of combining the entire Township for the purpose of creating one zip code for Upper Township. Mayor Palombo directed the Clerk’s office to work on a post card for the survey. Mayor Palombo also reported that the County is working on drainage improvements to two sites in Strathmere that being Jasper Avenue to Commonwealth Avenue and Sherman Avenue.
Paul Dietrich, Municipal Engineer, reported on the state program for Gypsy Moth spraying. He reported that the state is unable to provide a double spray application of BTK because the program is too large and their vendor does not have enough airplanes to spray the entire state. He also reported that the unofficial word from the DEP is that they will not permit the use of Dimilin. Mr. Dietrich commented that one spray application would be about sixty percent effective. After some discussion on how previous spray programs were handled, Mayor Palombo directed Mr. Dietrich to start working on the Bid Specs and to look into the options available. Mr. Dietrich also commented on two part time employees of the department of public works that have been employed with the Township for the past six moths. He made a recommendation to hire Brian Bushong as a full time employee to replace employee Jon Grubb who will be retiring in March. Mrs. Camp reported that she would like to defer the discussion of hiring the Public works employee to closed session as a personnel matter. Mr. Dietrich also reported that he recently attended a JIF meeting at which it was suggested the township review and adopt a written Air Quality program as required by PEOSH and that they designate a public officer as Air Quality Control Officer by Resolution. Mr. Dietrich gave short summary of the program. Motion made by Frank Conrad, second by Barbara Camp to adopt an Air Quality Program and appoint Paul Dietrich as Air Quality Control Officer. During roll call vote all five Committee members voted in the affirmative.
1. Congratulating employee Janet McCrosson of the Upper Township Construction Office
TOWNSHIP OF UPPERPRIVATE
CAPE MAY COUNTY
R E S O L U T I O N
PRIVATE RESOLUTION NO. 43-2008
RE: CONGRATULATING EMPLOYEE JANET MCCROSSON
OF THE UPPER TOWNSHIP CONSTRUCTION OFFICE
FOR HER WINNING ENTRY IN
THE UPPER TOWNSHIP SAFETY AWARD PROGRAM
FOR THE 1ST QUARTER OF 2008
WHEREAS, employee Janet McCrosson is recognized for her efforts to promote safety for her fellow employees and residents of the Township through her participation in the Upper Township Safety Award Program with a submission of a safety suggestion; and
WHEREAS, Janet’s safety suggestion was chosen by the Upper Township Safety Committee from the two entries submitted in the first quarter for the promotion of safety for employees and the community; and
WHEREAS, Janet should be publicly recognized for her reporting a safety hazard of “a large pothole on Pine Road in Marmora;” 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. That the Committee extends its appreciation and publicly recognizes Janet McCrosson on her commitment to safety by her identifying a potential hazard and presenting a solution through participation in the program.
2. That the Committee, on behalf of our employees and the citizens of the Township of Upper extend to Janet McCrosson our congratulations and present her with the “Safety Day Award” of one day off with pay.
BE IT FURTHER RESOLVED, that the Committee also recognizes and extends appreciation to employee Barbara Young for her safety suggestion submitted this quarter and encourages further participation.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 11th day of February, 2008.
Resolution No. 43-2008
Offered by: Camp Second by: Conrad
Adopted: February 11, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _x____ _______ _________ ______
Conrad _ x____ _______ _________ ______
Corson _x____ _______ _________ _____
Newman _x____ _______ _________ ______
Palombo _x____ _______ _________ ______
2. Resolution authorizing application to the New Jersey Department Of Community Affairs for a Share Implementation Grant To Support a County-Coordinated, Regional Emergency Special Operations Response Team.
TOWNSHIP OF UPPER
COUNTY OF CAPE MAY
R E S O L U T I O N
RESOLUTION NO. 44-2008
RE: RESOLUTION AUTHORIZING APPLICATION TO THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS FOR A SHARE IMPLEMENTATION GRANT TO SUPPORT A COUNTY-COORDINATED,
REGIONAL EMERGENCY SPECIAL OPERATIONS RESPONSE TEAM
___________________________________________________________________
WHEREAS, it has been determined by public safety professionals that there is a need for a local, qualified, Regional Emergency Special Operations Response Team; and
WHEREAS, the County of Cape May has a history of managing county-wide public safety related response teams; and
WHEREAS, the State of New Jersey has made SHARE grants available to assist local units in the study, development and implementation of new shared and regional services such as public safety related emergency response; and
WHEREAS, the Township of Upper desires to join with the County of Cape May in applying for a SHARE implementation grant in the amount of $48,000 to pay for training costs associated with a well-qualified Regional Emergency Special Operations Response Team; and
WHEREAS, the grant funds will be used to provide training for Public Safety First Responders, both volunteer and full-time, in the areas of concern. Classes presented by the New Jersey State Police will provide the public safety resource with the knowledge necessary to respond safely and appropriately to the following emergency response scenarios including but not limited to:
• Confined Space Rescues
• Rope/High Angle Rescues
• HAZMAT / CBRNE Responses
• Trench Rescues
• Structural Collapse Rescues
• Industrial Accidents - Entrapments
• Amusement Accidents – Entrapments, Entanglements
• Construction and Demolition Incidents
• Commercial Vessel Accidents - Entrapments
• Infrastructure Collapse - bridges, boardwalks, roadways.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee that the Township of Upper does hereby join with the County of Cape May in applying for a grant for the purpose of completing such an endeavor; and
BE IT FURTHER RESOLVED that the County of Cape May has agreed to act as the lead agency and applicant in this initiative; and
BE IT FURTHER RESOLVED that the persons whose names, titles, and signatures appear below are authorized to sign the application and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith.
Resolution No. 44-2008
Offered by: Newman Seconded by: Camp
Adopted: February 11, 2008
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. 45-2008
RE: IN SUPPORT OF ASSEMBLY BILL NO. 1913 REMOVING APPROPRIATIONS FOR GYPSY MOTH SUPPRESSION FROM THE MUNICIPAL EXPENDITURE CAP
____________________________________________________________________
WHEREAS, the Township of Upper has experienced significant defoliation due to gypsy moth infestation; and
WHEREAS, it is anticipated that gypsy moth infestation will continue this year and without suppression efforts the Township of Upper will experience substantial destruction of foliage which will result in the loss of valuable forest lands and trees ; and
WHEREAS, the Township Committee of the Township of Upper has determined that a gypsy moth control program should be instituted which will require the expenditure of extraordinary municipal funds; and
WHEREAS, there is now pending before the New Jersey Assembly Bill No. 1913 which provides that the municipal expenditure cap will not apply to amounts required to be appropriated for the purpose of abating and suppressing the gypsy moth in its preliminary stages to protect vegetation or plant life on public or private lands; and
WHEREAS, the Township Committee of the Township of Upper is in full support of Assembly Bill No. 1913.
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 passage of Assembly Bill No. 1913 which removes appropriations for gypsy moth suppression from the municipal expenditure cap.
SEQ ì_0 \* Arabic \n3. 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.
4. A copy of this Resolution shall be forwarded to Governor Jon Corzine, Senator Jeff Van Drew, Assemblyman Nelson T. Albano and Assemblyman Matthew W. Milam.
Resolution No. 45 -2008
Offered by: Corson Seconded by: Newman
Adopted: February 11, 2008
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. 46-2008
RE: REQUESTING FUNDING OF THE CONSTRUCTION PHASE OF THE GREAT EGG HARBOR INLET-TOWNSEND’S INLET SHORE PROTECTION PROJECT
____________________________________________________________________
WHEREAS, the Township Committee of the Township of Upper recognizes that there is a need for long term beach and dune maintenance in Strathmere in order to avoid a potentially catastrophic loss of public and private lands to the sea; and
WHEREAS, the U.S. Water Resources Development Act was passed in May 2007 and included the Township of Upper as part of the Great Egg Harbor Inlet-Townsend’s Inlet Shore Protection Project for beach replenishment; and
WHEREAS, federal funding has not yet been appropriated to begin the construction phase of the Great Egg Harbor Inlet-Townsend’s Inlet Shore Protection project; and
WHEREAS, the Township Committee of the Township of Upper recognizes the threat that a lack of long term beach protection poses to its beaches in Strathmere and wishes to express its continuing request for the funding of this Project and specifically, to have such funding placed in the FY ‘09 Energy and Water Appropriations bill of the United States Congress; and
WHEREAS, the Township Committee of the Township of Upper seeks the assistance of Senator Frank Lautenberg, Senator Robert Menendez and Congressman Frank LoBiondo to obtain funding for this Project.
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 expresses its strong support for the beach replenishment project of the Township of Upper known as the Great Egg Harbor Inlet-Townsend’s Inlet Shore Protection Project and requests that this Project be included for funding in the FY ‘09 Energy and Water Appropriations bill.
SEQ ì_0 \* Arabic \n3. 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.
SEQ ì_0 \* Arabic \n4. A copy of this Resolution shall be forwarded to the City of Sea Isle City, Congressman Frank LoBiondo, Senator Frank Lautenberg and Senator Robert Menendez.
Resolution No. 46-2008
Offered by: Camp Seconded by: Conrad
Adopted: February 11, 2008
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. 47-2008
RE: APPROVING THE APPLICATION OF THE MARMORA VOLUNTEER FIRE CO. FOR HIGHWAY COIN DROPS
WHEREAS, the Marmora Volunteer Fire Co., a non-profit corporation providing firefighting services, has made application to the Township Committee to hold coin drop solicitations in Upper Township; and
WHEREAS, the Township Committee has approved the requests; and
WHEREAS, the requests require approval from the County of Cape May;
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 application of the Marmora Volunteer Fire Co. to hold a coin drop within Upper Township on County Route 623 (Roosevelt Boulevard) and Vernon Avenue is hereby approved for the following dates:
Saturday, July 5, 2008 from 8:00 a.m. to 4:00 p.m.;
AND
Saturday, August 2, 2008 from 8:00 a.m. to 4:00 p.m.
3. Attached to this Resolution is a certified copy of Ordinance No. 7-2001, authorizing coin drops within Upper Township enacted pursuant to N.J.S.A. 39:4-60.
4. A certified copy of this Resolution shall be provided to the Board of Chosen Freeholders of the County of Cape May.
Resolution No. 47-2008
Offered by: Camp Seconded by: Corson
Adopted: February 11, 2008
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. 048-2008
RE: ACCEPTING THE PERFORMANCE BOND OF
MASHURA BURGER LLP
FOR THE MAJOR SUBDIVISION
ON BLOCK 453, LOTS 10 and 11.01
OWNER AND/OR DEVELOPER: MASHURA BURGER LLP
SUBDIVISION: MAJOR SUBDIVISION
PROPERTY: BLOCK 453, LOTS 10 and 11.01
____________________________________________________________________
WHEREAS, Mashura Burger LLP is the Owner and/or Developer of a major subdivision within the Township of Upper, described as follows: Major Subdivision, Block 453, Lots 10 and 11.01 and
WHEREAS, pursuant to N.J.S.A. 40:55D-53, the Developer is required to furnish a Performance Guarantee in favor of the Township for improvements which the Upper Township Planning Board may deem necessary or appropriate; and
WHEREAS, as further required by N.J.S.A. 40:55D-53, the Municipal Engineer has prepared an itemized cost estimate of the improvements covered by the Performance Guarantee, which itemized cost estimate shall be appended to each Performance Guarantee posted by the Developer and a copy of which is annexed to this Resolution as Exhibit A; and
WHEREAS, the Developer has presented to the Township a Performance Guarantee as follows:
Subdivision Performance Bond
Principal: Mashura Burger LLP
518 Sea Isle Boulevard, Suite D
Ocean View, New Jersey 08230
Surety: Mashura Burger LLP
Bond Surety Amount: $25,090.78
Cash Amount: $27,878.64
Street Lights, Cash: $3,600.00
Engineering Escrow, Cash: $2,680.00
WHEREAS, the Municipal Engineer has prepared an itemized cost estimate of the improvements to be covered by the Performance Guarantee, a copy of which is annexed hereto as Exhibit A; and
WHEREAS, the Municipal Attorney has reviewed the Performance Guarantee and has determined that the same complies with the New Jersey Statutes and Township Ordinances applicable thereto and has recommended acceptance of same by the Township Committee;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The cost estimate of the Municipal Engineer, which is attached hereto as Exhibit A, is hereby accepted and approved.
3. The Cash Bond Amount described in this Resolution is hereby accepted and approved.
4. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 48-2008
Offered by: Newman Seconded by: Camp
Adopted: February 11, 2008
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. 049-2008
RE: AUTHORIZING INSTITUTION OF IN REM FORECLOSURE PROCEEDINGS
GROUP NO. 137
WHEREAS, the Township Committee has been advised by the Tax Collector that she is in possession of numerous Tax Sale Certificates which are now eligible for foreclosure in rem as more particularly described in Exhibit A attached hereto; and
WHEREAS, it is the desire of the Township Committee to foreclose against the parcels that are covered by these Tax Sale Certificates;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee in 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. Special Counsel for the Township is hereby authorized and directed to institute In Rem Foreclosure proceedings pursuant to the provisions of NJS 54: 5-104.29, et seq., against the Tax Sale Certificates held by it and described in Exhibit A affixed hereto and made a part hereof.
3. A copy of this Resolution shall be filed with the Tax Collector of the Township of Upper.
4. All appropriate Township officials are hereby directed to take all actions necessary to carry into effect the intent and purpose of this Resolution.
Resolution No. 049-2008
Offered by: Newman Seconded by: CAMP
Adopted: February 11, 2008
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ __________ __________
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
Daniel Young, Municipal Attorney, explained that the sale is contingent upon clear title and that Donna and John Lombard are the only contiguous property owners. During the public portion of the hearing there were no speakers from the public. Motion was made by Jay Newman, second by Frank Conrad to adopt the ordinance. During roll call vote all five Committee members voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 001-2008
RE: AN ORDINANCE AUTHORIZING SALE OF LANDS,
TO WIT BLOCK 483, LOTS 11 AND 21
_____________________________________________________________________
WHEREAS, the Township of Upper is the owner, in fee, of certain parcels of vacant ground located within the Township of Upper, County of Cape May, and State of New Jersey, set forth on the municipal tax map as Block 483, Lots 11 and 21; and
WHEREAS, the Township has received an offer from Donna M. Lombard and John J. Lombard, III, the owners of the only real property contiguous with said parcels owned by the Township, to purchase said parcels; and
WHEREAS, after discussion and deliberation the Township Committee is of the opinion that the sale of said parcels will be in the best interest of the Township and will provide for the consolidation of existing nonconforming lots with a conforming lot; and
WHEREAS, the Township Committee has determined that the fair market value of such lots is the sum of $2,800.00 in light of the appraisal prepared by Breazeale & Associates, LLC of November 29, 2007; and
NOW, THEREFORE, BE IT ORDAINED by the Township Committee in the Township of Upper, County of Cape May and State of New Jersey as follows:
SECTION 1: The Township of Upper is hereby authorized to sell to Donna M. Lombard and John J. Lombard, III the real property commonly known as follows:
Block 483, Lots 11 and 21
since said persons are the owners of the only real property contiguous thereto in accordance with N.J.S.A. 40A:12-13(b)(5). Pursuant to said statute such sale shall not be for less than the fair market value of said real property and the fair market value of said parcels sold as well as the purchase price of same is hereby established as follows:
Block 483, Lots 11 and 21
Fair Market Value: $2,800.00
SECTION 2: Prior to said sale, the Township will obtain a title report from a title company or abstract company licensed to do business in the State of New Jersey. Said report shall be available to the purchaser prior to final adoption of this Ordinance.
SECTION 3: The list of property authorized to be sold together with the minimum price thereof shall be posted at Township Hall and advertisement of the sale shall be made in a newspaper circulating in the Township within 5 days following enactment of this ordinance. Offers for the property may thereafter be made to the Township Committee for 20 days following said advertisement. The Township Committee may reconsider this ordinance not later than 30 days after enactment and thereafter advertise the property for public sale pursuant to N.J.S.A. 40A:12-13(a). The Township Clerk shall file with the Director of the Division of Local Government Services in the Department of Community Affairs sworn affidavits verifying the publication of the foregoing advertisements.
SECTION 4: Donna M. Lombard and John J. Lombard, III shall pay the following sum to the Township Clerk prior to the adoption of this Ordinance: $500.00. This amount shall be used by the Township to defray Township expenses involved in Authorizing the Sale and terms thereof; Engineer’s review; Attorney’s review; legal advertising; title review; closing costs and other expenses.
SECTION 5: In the event the Township Committee receives no offers for the property pursuant to the advertisement of same in accordance with N.J.S.A. 40A:12-13(b), the adjacent property owners requesting such sale, Donna M. Lombard and John J. Lombard, shall purchase same in accordance with this Ordinance and shall appear before the Township Clerk and execute the agreement to purchase same pursuant to this Ordinance. The Township Committee expressly reserves the right to revoke its authorization to sell the subject real property at any time prior to said sale. The Township Committee is authorized to confirm the sale by resolution to complete the transaction pursuant to this Ordinance and N.J.S.A. 40A:12-13.
SECTION 6: In the event the Township Committee revokes its authorization for the sale of the subject property in its sole judgment and discretion, then, all deposit monies made by Donna M. Lombard and John J. Lombard, III shall be refunded except for the $50.00 application fee which shall be non-refundable.
SECTION 7: All payments required to be made pursuant to said sale to the Township Clerk must be made by personal check, cash or certified check, or any combination of the foregoing. All payments required to be made hereunder to a title company or abstract company conducting the closing shall be made in collected funds, that is, by cash, certified check, cashier’s check or wire transfer.
SECTION 8: A sum equal to ten percent (10%) of the purchase price for said parcel or parcels shall be paid to the Township of Upper by Donna M. Lombard and John J. Lombard, III within 14 days of written notice requiring same from the Township Clerk to Donna M. Lombard and John J. Lombard, III. Said notice shall be sent by the Township Clerk after the posting and advertisement required by SECTION 3 above has not resulted in an offer and the Township Committee has not reconsidered this Ordinance pursuant to N.J.S.A. 40A:12-13(b). The remaining balance of ninety percent (90%) of the highest bid for the parcel or parcels shall be paid to the Township of Upper, and must be received by the Township Clerk, not later than thirty (30) days after the date of said notice. In addition to the deposit of ten percent (10%), Donna M. Lombard and John J. Lombard, III shall also be required to pay or tender within 14 days of said written notice from the Township Clerk the following:
(A) (i) The sum of $100.00 for the preparation of the Deed.
(ii) The sum of $70.00 for recording the Deed.
AT THE TIME OF CLOSING Donna M. Lombard and John J. Lombard, III shall be required to pay the following sums:
(B) Any additional sum required for title search or title insurance.
(C) The cost of any survey ordered by the purchaser. The purchaser shall place such order directly with the surveyor or with the title company conducting closing, but the survey must be prepared in time to permit the closing to take place as scheduled.
(D) Title company settlement fees covering services to both the Seller and the Buyer.
(E) Any additional fees or costs chargeable by the title company.
SECTION 9: The closing of title shall take place as designated by the Township as follows:
(A) Township Hall, Petersburg, New Jersey; or
(B) Office of the Township Solicitor; or
(C) At the office of a title insurance company or title abstract company located within Cape May County.
SECTION 10: If the purchaser fails to close or fails to comply with the provisions hereof, the purchaser shall be in default and all amounts paid to the Township by or on behalf of the purchaser shall be retained by the Township as LIQUIDATED DAMAGES AND NOT AS A PENALTY.
SECTION 11: The Deed from the Township of Upper shall be what is commonly known as a Quitclaim Deed.
SECTION 12: The title to be delivered by the Township shall be free and clear of all taxes up to and including the date when the Deed is delivered and closing takes place. Purchaser shall be responsible for all taxes thereafter. Unless otherwise specified herein, the purchaser shall be liable for payment of all assessments, of any nature, against said land.
SECTION 13: The title to be delivered by the Township shall be under and subject to all easements and rights of way, recorded and unrecorded, whether for utilities or for others, and shall also be subject to all conditions, reservations and restrictions of record, if any. If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the purchaser shall be limited to the return of payments made to the Township of Upper on account of the purchase price and closing costs only. Any and all other amounts paid to the Township shall be non-refundable. This sale is under and subject to any riparian claim which may affect said property. If any such claim exists, it shall be the sole responsibility of the purchaser to meet and satisfy all requirements of the State of New Jersey with respect to said riparian claim and the payment of any compensation to the State of New Jersey on account thereof. Nothing herein shall be construed as obligating the Township of Upper to construct or maintain access roads to any portion of the property being sold. Such property may not qualify for a building permit due to lack of water supply, lack of sewer or septic facilities, lack of access, inadequate lot size, or other reasons, including those reasons set forth below. The purchaser is required to comply with all applicable zoning, building and health ordinances and codes and regulations. The property being sold may be situate in a Flood Hazard Zone. The Township of Upper makes no warranties or representations, expressed or implied, as to the property being offered for sale, the condition or marketability of the title or any other matter. The Township of Upper makes no warranties or representations, expressed or implied, as to whether or not the property being offered for sale contains wetlands anywhere on the property. The Township makes no warranties or representations as to any matter of an environmental nature, or otherwise, which may prevent or limit building or construction.
SECTION 14: All references to Lots and Blocks described herein are to the Lots and Blocks as shown on the Current Official Tax Map of the Township of Upper.
SECTION 15: The purchaser shall be required to execute a document acknowledging that the sale is governed by the provisions of this Ordinance as well as N.J.S.A. 40A:12-13.
SECTION 16: The provisions of this Ordinance pertaining to this sale shall survive the closing of title and shall not merge into the Deed.
SECTION 17: It is a requirement of this sale that the purchaser of the subject property be the only contiguous property owner. Said purchaser shall be required to take immediate action to cause a consolidation of the property being purchased with all of the purchaser’s existing adjacent lots so as to constitute all such lots in Block 483 as a single parcel of ground which shall not be further subdivided into more than one lot. This restriction shall be included in the deed of conveyance and shall run with the land. The purchaser shall complete the consolidation as a condition of the sale. The provisions of this Section shall survive closing and shall not merge into the Deed.
SECTION 18: This Ordinance shall take effect immediately upon final adoption and publication as required by law.
ATTEST:
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 14TH OF JANUARY, 2008 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 11TH DAY OF FEBRUARY 2008 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
Mr. Corson reported that the Bike Path would be constructed along the old railway tracks in Palermo. Mr. Dietrich explained that the funding should cover the area from Route 9 to the west side of the Cap May County Park with a footpath connection to the Park. Mayor Palombo commented that he would also like to see a bird observatory constructed in that area.
NEW BUSINESS
10. Request for reimbursement of property taxes to a totally disabled Veteran from the effective date of Veterans Award letter Block 562, Lot 25 on the Municipal Tax Map.
Motion made by Curtis Corson, second by Barbara Camp to grant the request. During roll call vote all five Committee members voted in the affirmative.
11. Request from NJ Dept. of Transportation for Township authorization for property access agreement and well permits, for the Old Tuckahoe Road site.
Mr. Dietrich explained that the area is part of active ground water mediation project. He also explained that the NJ DOT needs approval for access to two locations within the Township right of way to conduct the testing. Mr. Dietrich reported that one site listed for Township approval is the Middle School property. Daniel Young explained that approval for that area would have to be referred to the Board of Education. Motion made by Curtis Corson, second by Jay Newman to grant the request. During roll call vote all five Committee members voted in the affirmative.
12. State Aid Agreement between The NJDEP and the Township of Upper project No. 4215-08 Beach Nourishment Great Egg Inlet to Townsends Inlet, Strathmere section, NJ Shore Protection Project.
Daniel Young reported that the Township would initially fund the project and that the State would reimburse 75% of the costs for the nourishment of Township-owned lands. He also reported that the State would fund 100% of the project for the state-owned land. The agreement calls for the application of recently introduced regulations. Mr. Young reported that the standards would apply to public access rights of the project area. Mr. Young recommended that the Township authorize the agreement on the condition that the Township receives written confirmation that we are in compliance with the State’s requirements in terms of Public access and the Public Trust doctrine. Motion made by Curtis Corson, second by Jay Newman to authorize the Mayor to sign the agreement with the condition that the Township is in compliance with the public trust/public access requirements. During roll call vote all five Committee members voted in the affirmative. There was continued discussion as to the raking of the beach. Mayor Palombo asked Mr. Young if questions as to beach raking were to arise should he or Mr. Corson, in their capacity as Planning Board members talk about the matter. Mr. Young commented that if they have direct knowledge of the matter, then yes they could talk about it. Mr. Young directed Paul Dietrich, Township Engineer to obtain written confirmation from the NJDEP that the project is on an emergency basis and that the project does not require the Township to go out to bid.
UNFINISHED BUSINESS:
13. Request from Hanson Aggregates BMC, Inc., for a temporary extension of the Resource Extraction License for the following mining operations:
a. Upper Township Sand and Gravel, Block 453, Lot 4; and
b. Julie’s Pit, block 414, Lot 4. Frank Conrad did not participate in this matter due to conflict. Paul Dietrich reported that for various reasons Hanson Aggregates did not submit their five-year renewal application for either site prior to the February 1st requirement. Since then they have submitted their site plans to the Planning Board and are scheduled for potential approval at the March workshop meeting. Mr. Dietrich reported that he has inspected the mining sites several times throughout the year and they are operating in compliance with the Ordinance. Jay Newman made a motion to grant a ninety-day extension of the mining license motion seconded by Barbara Camp. During roll call vote four Committee members voted in the affirmative. Frank Conrad abstained from voting.
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.” .” Motion by Curtis Corson, second by Barbara Camp to approve all bills as submitted. During roll call vote all five Committee members voted in the affirmative.
Bills approved for payment: $314,244.73
Payroll $ 144,896.04
PUBLIC COMMENT
CLOSED SESSION
Motion by Richard Palombo, second by Jay Newman to close the regular portion of the meeting and go into an executive session. During roll call vote all five Committee members voted in the affirmative.
20. Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded.
There being no further business this evening the meeting was adjourned at 9:15 P.M. The next meeting is scheduled for Monday February 25, 2008 at 7:30 P.M.
Barbara L. Young, RMC
Deputy Municipal Clerk
