TOWNSHIP OF UPPER
CAPE MAY COUNTY
Budget Workshop Meeting-6:30 P.M.
The Budget Workshop meeting began at 6:30 P.M. Committeeman, Jay Newman did not attend the meeting because of illness. The Mayor and the other three committeemen were present along with our auditor Leon Costello, Finance Officer, Patricia Dopko and Municipal Clerk, Wanda Gaglione. The Mayor had Andrew McCrosson, the Committeeman in charge of Revenue and Finance explain the Municipal Aid Figures that were recently received. The State Aid figure is $6 million, ($67,000 increase from last year), and will be disbursed anytime from July 1st and December 31st. Last year our first check was not received until August 18th, which means we were operating the first 7 ½ months of 2002 with our own money--money that would have had to be borrowed if we did not have it in our reserve. He referred to our last financial report in that it shows expenditures have exceeded revenues for the month, and again stated the importance of retaining a reserve.
He also discussed the trend of our fund balance in 2000 and as projected to 2004. A decrease in our fund balance has been the result in the last several years. At about a half of million dollars per year until this past year where it more closely approximates to a little over $1 million decrease in the fund balance.
In the year 2000 we used roughly $1.6 million to balance our budget. Annual income that year was $2.2 million, which added to our surplus. The following year 2001 we used $2.6 million to balance our budget with another quarter of million to the school for some capital projects. Our income for that year was only $2.3 million, which reduced our surplus. Last year we used $2.9 million and we only made $1.9 million--our surplus actually decreased over a million dollars last year.
Since 1980 the Township has given $51 million to the schools. The Township has given $2 million for the last two years.
Mr. McCrosson turned over the meeting to Mr. Costello to explain the decrease in the fund balance. Each year we’re using more fund balance than we’re making. One of reasons why the fund balance is decreasing is because last year in 2002 there was $450,000 anticipated in for interest on investments. Just $223,000 was received with a shortfall of over $200,000. This results in less revenue to fund this budget on our own; the shortfall of over $200,000 in interest is not even remotely offset by the $67000 increase from State Aid. There are budget items that normally increase in our budget every year for instance normal salary and wage increases, health insurance and there are some capital projects with increases. He talked about our Municipal Aid and how that figure is not guaranteed every year and could easily be reduced by the State.
There was discussion on items included in the budget. The large increase in Salaries and Wages is due to offering the Engineer a full time position with the Township. Looking for a more cost effective application of our funds particularly in our capital projects, the Committee felt a percentage of those projects could be accomplished in-house. It made more sense to have a full time position here for the Engineer rather then have the projects farmed out to an engineering firm. Regarding employees it was discussed that the Township is getting larger and several positions have been unfilled through attrition. Demands for services have not decreased and these positions need to be filled.
Regional services are being used when possible—for example the regional dispatch service with Ocean City. Which is a significant savings from running our own dispatch service.
The Mayor commented on requirements imposed by the State but that the State does not provide the means for implementation. He was specifically talking about a State requirement to construct a salt barn to protect road salt from the elements. This must be complete by next year and will cost $100,000.
The Committee expects to introduce the 2003 Municipal Budget at the February 24, 2003 meeting, with the Public Hearing to be held March 24th.
Wanda Gaglione, RMC
Municipal Clerk
TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
David Bucciarelli Present
Curtis Corson Present
Andrew McCrosson Present
John “Jay” Newman Absent
Richard Palombo Present
REPORT OF GOVERNING BODY MEMBERS
Andrew McCrosson, reported on emergency services we provide to Corbin City. Presently Corbin City pays $2700 to the Tuckahoe Fire Company and $2700 to the Rescue Squad.
He discussed new legislation Bill A-863 introduced by Nicholas Asselta, which appropriates $3.6 million to rehabilitate railway lines from the Cape May Seashore Lines. Moved by Mr. McCrosson to support this, second by David Bucciarelli. Curtis Corson amended the motion to include coastal evacuation as another reason to support this legislation.
Curtis Corson, reported on the snowfall on Friday. The Dept. of Public Works cleared the streets with a minimal amount of overtime.
Richard Palombo, Mayor, announced with regret the resignation of our attorney James Waldron. He is leaving March 1st, after more than 25 years with the Township and will be sorely missed. The Mayor thanked Mr. Waldron for his years of service and dedication to the Township. The Mayor then introduced Daniel Young to be appointed as Municipal Attorney on March 1st. Motion to appoint Daniel Young by Richard Palombo, second by Curtis Corson with all four Committeemen present voting affirmative.
He announced that another meeting will be held on February 24th, on the installation of a community access television channel for Upper Township.
Wanda Gaglione, Municipal Clerk, reminded everyone about the rabies clinic will be held from 1:00 – 3:00 P.M. on February 22nd and March 15th.
James Waldron, Municipal Attorney, discussed major subdivision, Block 453, Lots 78, 79 80.01 & 80. The cease and desist order was removed. The back tax problem has been resolved, taxes are in an escrow account in bankruptcy court. Current taxes are paid. The original developer was Dwyer. It is being conveyed this week to Camlough Road Associates, a joint venture between Kalia and Company, and Bosch Const. Company. We have been provided with a performance bond for the amount of $143,091. Bond is properly executed. Engineer’s estimate has been reviewed by Paul Dietrich. Mr. Waldron recommended accepting the bond. Moved to accept it by David Bucciarelli, second by Andrew McCrosson with all four Committeemen present voting in favor. Resolution accepting the bond will be scheduled for the next meeting.
A laminated copy of the resolution was presented to Mr. Sorenson. The Township Committee thanked him for his more than 31 years of service to the Township and wished him well.
2. Appointment of John Deuter to Director of Emergency Management.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 034-2003
RE: APPOINTING JOHN DEUTER
AS DIRECTOR OF EMERGENCY MANAGEMENT
______________________________________________________________
WHEREAS, there is a vacancy in the title of Director of Emergency Management and it has been determined that there is a need to have this title filled; and
WHEREAS, The Township Committee has determined that John Deuter possesses all of the requisite qualifications for appointment to said position; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. John Deuter is hereby appointed to fill the unexpired term of Director of Emergency Management of the Township of Upper commencing February 1, 2003 and expiring December 31, 2003 at an annual salary of $10,400 in accordance with the Salary Ordinance.
Resolution No. 034-2003
Offered by: Bucciarelli, Seconded by: Corson
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x______ _______ _________ ______
Corson __x______ _______ _________ ______
McCrosson __x______ _______ _________ ______
Newman _________ _______ _________ __x___
Palombo __x______ _______ _________ ______
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 25-1-2003
R E S O L U T I O N
RE: AUTHORIZING SALE OF LANDS AT PUBLIC AUCTION, TO WIT:
PARCEL A: BLOCK 348, LOTS 90 AND 91
AND
PARCEL B: BLOCK 31, LOT 73.
___________________________________________________________________________
WHEREAS, the Local Lands and Building Law (N.J.S. 40A:12-1, et seq.) authorizes the sale of any real property, capital improvements or interest therein which is not needed for public use; and
WHEREAS, it appears to be in the best interests of the Township of Upper to dispose of certain real property, hereinafter described, which is not needed for any public use; and
WHEREAS, the Township Committee has duly considered the matter.
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. It is hereby determined that the following described parcel or parcels of real property are not needed for any public use:
Parcel A: Block 348, Lots 90 and 91
and
Parcel B: Block 31, Lot 73
(1) All lots in each parcel shall be offered for sale as a single parcel or unit and the lots shall not be offered for sale individually.
3. The aforesaid parcels of real property shall be offered for sale at a public auction to be conducted by the Township Clerk to be held as follows:
DATE: March 20, 2003
TIME: 1:00 P.M., prevailing time
PLACE: Township Hall
Tuckahoe, New Jersey
4. A Notice of said sale shall be published in The Gazette-Leader, in the issues of February 27, 2003; March 6, 2003; and March 13, 2003. A Notice of said sale shall also be posted on the bulletin board in Township Hall.
5. Notice of this sale shall also be sent by the Township Clerk to each adjoining property owner, as well as any other owner within two hundred (200') feet of the property or properties being offered for sale. Such Notice shall be sent by certified mail, return receipt requested, and also by regular mail. The failure to provide such Notice to any one (1) or more owners of adjoining property or within the stated proximity shall not be cause to void or invalidate this sale.
6. The minimum bid for each parcel or parcels being sold is hereby established as follows:
Parcel A: Block 348, Lots 90 and 91..........$37,930.00
Parcel B: Block 31, Lot 73...................$ 5,100.00
7. The sale shall be subject to the general terms and conditions of sale which are set forth in Schedule "A" attached hereto, incorporated herein and made a part hereof.
8. The Township Committee expressly reserves the right to reject any or all bids in the exercise of its sole judgment and discretion.
9. The Township of Upper reserves the right to adjourn the sale to a later date. In the event of such adjournment, a public announcement will be made at the time originally scheduled for the sale. No further written or verbal notice will be given. The adjourned date, time and place of the sale will be announced on the date originally scheduled for the sale at the time originally scheduled.
Resolution No. 25-1-2003
Offered by: McCrosson, Seconded by: Palombo
Adopted: January 27, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
McCrosson ___x_______ __________ __________ __________
Newman ___________ __________ __________ _x________
Palombo ___x_______ __________ __________ __________
EXHIBIT "A"
GENERAL TERMS AND CONDITIONS PERTAINING TO THE
SALE OF TOWNSHIP OWNED REAL PROPERTY
PROPERTY:
PARCEL A: BLOCK 348, LOTS 90 AND 91
PARCEL B: BLOCK 31, LOT 73
DATE OF SALE: MARCH 20, 2003
___________________________________________________________________________
The general terms and conditions pertaining to the sale of the above described property shall be as follows:
1. AUCTION SALE; REJECTION OF BIDS:
1.1 The sale of the parcel or parcels shall be by public auction to the highest bidder provided, however, that the right is reserved to the Township Committee to reject any one or more or all of the bids submitted for said parcel or parcels.
2. CONFIRMATION BY TOWNSHIP COMMITTEE:
2.1 The sale of said parcel or parcels shall be subject to confirmation by the Township Committee of the Township of Upper following the bid and the Township Committee may refuse to do so in the exercise of its sole judgment and discretion.
UNDERSIZED LOTS WITHOUT CAPITAL IMPROVEMENTS; MULTIPLE LOTS SOLD AS A PARCEL:
3.1 In the event that the property being sold is less than the minimum size required for development under the current Zoning Ordinance of the Township of Upper, and in the further event that more than one (1) contiguous owner desires to purchase the property, then disposition thereof shall be made in accordance with the Local Lands and Buildings Law, N.J.S.A. 40A:12-1, et seq.
3.2 In the event that one (1) or more of the parcels being sold contains individual lots as described on the Current Official Tax Map of the Township, said lots comprising that parcel shall be sold as a unit and there will be no individual sale of individual lots.
4. PAYMENT OF PURCHASE PRICE AND OTHER COSTS:
4.1 All payments required to be made hereunder to the Township Clerk may be made by personal check, cash or certified check, or any combination of the foregoing.
4.2 All payments required to be made hereunder to the title company or abstracting company conducting the closing shall be made in collected funds, that is, by cash, certified check, cashier=s check or wire transfer.
5. PAYMENT TERMS; SETTLEMENT COSTS; CLOSING OF TITLE; DEFAULT BY BIDDER:
5.1 A sum equal to ten (10%) percent of the highest bid for said parcel or parcels shall be paid to the Township of Upper by the highest bidder or bidders at the time of the sale.
5.2 The remaining balance of ninety (90%) percent 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 the sale, that is, not later than April 20, 2003, time being of the essence, with final closing to take place not later than sixty (60) days after the date of the sale, that is, not later than May 20, 2003. This Section is subject to the provisions of Section 5.4 hereof.
5.3 In addition to the deposit of ten (10%) percent, the highest bidder or bidders shall also be required to pay or tender AT THE TIME OF THE SALE the following:
(A) The sum of $380.00, payable to a title company designated by the Township Clerk, which prepared the report of title prior to the auction sale, representing the following:
(2) The sum of $100.00 for the preparation of the Deed.
(3) The sum of $30.00 for recording the Deed.
(4) The sum of $250.00 as a deposit for the title search and title insurance. At closing the bidder shall be entitled to receive a refund in the event that the charges for title insurance or title search are less than said amount or, in the alternative, the bidder will be required to pay to the title company conducting closing any excess amount.
AT THE TIME OF CLOSING the successful bidder shall be required to pay the following sums:
Any additional sum required for title search or title insurance.
The cost of any survey ordered by the successful bidder. Successful bidder 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.
Title company settlement fees covering services to both the Seller and the Buyer.
Any additional fees or costs chargeable by the title company.
5.4 In the event that proceeds of a mortgage loan are required in order to complete the purchase, Section 5.2 shall be amended to provide:
(A) A binding letter of commitment or letter of credit issued by a bank, savings and loan, mortgage company or other lending institution shall be delivered to the Township Clerk within thirty (30) days of the sale, that is, by April 20, 2003, WHICH TIME IS OF THE ESSENCE; AND
(B) Final closing and payment of the balance due shall take place not later than sixty (60) days from the date of sale, that is, not later than May 20, 2003.
5.5 The closing of title shall take place as designated by the Township as follows:
Township Hall, Petersburg, New Jersey; or
Office of the Township Solicitor; or
At the office of a title insurance company or title abstract company located within Cape May County.
5.6 If the bidder fails to close or fails to comply with the provisions hereof, such bidder shall be in default and all amounts paid to the Township by or on behalf of the bidder shall be retained by the Township as LIQUIDATED DAMAGES AND NOT AS A PENALTY.
6. DEED OF CONVEYANCE:
6.1 The Deed from the Township of Upper shall be what is commonly known as a Bargain and Sale Deed.
7. REAL ESTATE TAXES; MUNICIPAL ASSESSMENTS:
7.1 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(s) shall be responsible for all taxes thereafter.
7.2 Unless otherwise specified herein, the purchaser(s) shall be liable for payment of all assessments, of any nature, against said land.
8. TITLE TO BE DELIVERED; MARKETABILITY; WARRANTIES AND REPRESENTATIONS; DISCLAIMER:
8.1 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.
8.2 If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the bidder(s) 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.
8.3 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.
8.4 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 in Paragraph 8.8 following.
8.5 The purchaser(s) is required to comply with all applicable zoning, building and health ordinances and codes and regulations.
8.6 The property being sold may be situate in a Flood Hazard Zone.
8.7 The Township of Upper makes no warranties or representations, express or implied, as to the property being offered for sale, the condition or marketability of the title or any other matter.
8.8 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.
9. PROPERTY DESCRIPTION:
9.1 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.
10. AGREEMENT OF SALE:
10.1 Successful bidder(s) shall be required, at the time of the sale, to execute a document acknowledging that the sale is governed by the provisions of Resolution No. 25-1-2003, as well as the General Terms and Conditions set forth in Exhibit "A" attached to said Resolution.
11. CONDITIONS OF SALE TO SURVIVE CLOSING:
11.1 The "General Conditions of Sale" and the "Special Conditions of Sale", if any, and the provisions of any Resolution adopted by the Township Committee pertaining to this sale shall survive the closing of title and shall not merge into the Deed.
12. APPLICABLE LAW:
12.1 This sale shall be governed and controlled by the provisions of the Local Lands and Buildings Law of the State of New Jersey, N.J.S.A. 40A:12-1, et seq. and shall be further governed and controlled by the New Jersey law applicable to municipalities generally.
12.2 The sale of the property described herein shall be contingent upon compliance, in all respects, with the requirements of the Local Lands and Buildings Law of the State of New Jersey. In the event that such requirements cannot or will not be complied with, then any Resolution of the Township Committee confirming the sale, as well as any Agreement of Sale which may have been entered into, shall be null and void.
13. ADDITIONAL REQUIREMENT IF SUCCESSFUL BIDDER(S) OWN(S) CONTIGUOUS PROPERTY:
13.1 In the event that the successful bidder(s), for any of the parcels of real property described herein, is the owner of contiguous property to that being sold by the Township, the bidder shall be required to take immediate action to cause a consolidation of the property being purchased with the bidder=s existing property so as to constitute a single parcel of ground.
13.2 The successful bidder(s) shall have ninety (90) days following closing to complete the consolidation. Should the bidder(s) fail to consolidate the property as required herein, then the property being acquired from the Township will revert to and become revested in the Township of Upper at the Township=s sole option and discretion. This condition shall be contained in the Deed of Conveyance. The provisions of this Section shall survive closing and shall not merge into the Deed.
13.3 In addition to the consolidation, the Deed from the Township will contain a restriction requiring the consolidation and further restricting subsequent subdivision of the property, that is, the property being conveyed by the Township and the property which is being consolidated.
13.4 The Deed of Consolidation shall be submitted to the Township of Upper for its review and approval prior to the recording of same. It is the successful bidder=s responsibility to prepare the Deed of Consolidation and to submit the same to the Township Clerk in sufficient time to permit its review by the Township officials and still permit the Deed of Consolidation to be recorded within the ninety (90) day period specified herein.
14. GENERAL CONDITIONS PART OF RESOLUTION:
14.1 The foregoing general terms and conditions identified as Exhibit "A" form a part of Resolution No. 25-1-2003, adopted by the Township Committee of the Township of Upper on January 27, 2003.
15. DEFINITIONS:
15.1 As used herein, the following terms shall have the meaning indicated, unless the context clearly implicates a different meaning:
ABid - the amount offered at the auction sale.
ABidder@ - a person or entity submitting a bid at the auction sale.
AClosing@ - the date on which title shall pass from the Township to the Purchaser.
ASale@ - the date on which the auction shall take place.
TOWNSHIP OF UPPER
NOTICE OF SALE OF TOWNSHIP OWNED REAL ESTATE
____________________________________________________________________________
TAKE NOTICE that pursuant to Resolution No. 20-1-2003, adopted by the Township Committee on January 13, 2003 and Resolution No. 25-1-2003, adopted by the Township Committee on January 27, 2003, the Township of Upper will offer for sale, at a public auction, the following parcels of real property:
Parcel A: Block 348, Lots 90 and 91
Parcel B: Block 31, Lot 73
Parcel C: Block 735, Lot 23.02
TAKE FURTHER NOTICE that the public auction sale will be conducted by the Township Clerk and shall be scheduled as follows:
DATE: March 20, 2003
TIME: 1:00 P.M., prevailing time
PLACE: Meeting Room
Township Hall
Tuckahoe, New Jersey 08250
TAKE FURTHER NOTICE that the Township has established the following minimum bids with respect to the parcel or parcels being sold:
Parcel A: Block 348, Lots 90 and 91...........$37,930.00
Parcel B: Block 31, Lot 73....................$ 5,100.00
Parcel C: Block 735, Lot 23.02................$ 5,500.00
TAKE FURTHER NOTICE that in the event that one (1) or more of the parcels being sold contains individual lots as described on the Current Official Tax Map of the Township, said lots comprising that parcel shall be sold as a unit and there will be no individual sale of individual lots.
TAKE FURTHER NOTICE that the sale shall be further under and subject to certain general terms and conditions, a copy of which may be obtained by any interested party, without cost, from the Township Clerk, Township Hall, Tuckahoe, New Jersey 08250, telephone number (609) 628-2011.
TAKE FURTHER NOTICE that the Township reserves the right to adjourn the sale in accordance with the procedure set forth in the Resolution referred to herein.
BY ORDER OF THE TOWNSHIP COMMITTEE.
WANDA GAGLIONE, R.M.C., TWP. CLERK
TOWNSHIP OF UPPER
Publish:
-The Gazette-Leader, Editions of 2/27/03; 3/6/03 and 3/13/03
4. Authorizing the release of the balance of a Performance Bond for Clayton Development Associates, LLC, for the Laurel Ridge Road Subdivision, Block 453, Lot 335.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 035-2-2003
RE: AUTHORIZING THE RELEASE OF THE BALANCE OF
A PERFORMANCE BOND AND THE ACCEPTANCE
OF A MAINTENANCE BOND.
DEVELOPER: CLAYTON DEVELOPMENT ASSOCIATES, LLC
SUBDIVISION: LAUREL RIDGE ROAD
PROPERTY: BLOCK 453.10, LOT 335
___________________________________________________________________________
WHEREAS, Clayton Development Associates, LLC, sometimes known as Clayton Construction Company (hereinafter ADeveloper@), has heretofore requested release of a Performance Bond for the major subdivision project known as ALaurel Ridge Road@; and
WHEREAS, pursuant to Resolution No. 192-7-2002, the Township Committee authorized a release of the Performance Bond, except for the amount of $3,000.00, which was to be retained by the Township from the cash portion of such Performance Bond pending the installation of certain trees, as more specifically set forth in Resolution No. 192-7-2002; and
WHEREAS, is has now been represented to the Township Committee that the planting of all trees has been completed and that the residents in said subdivision have withdrawn any objection to the release of the balance of the Performance Bond; and
WHEREAS, the Municipal Engineer has previously determined that except for the trees referred to in Resolution No. 192-7-2002, all improvements have been installed and are in satisfactory working condition;
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 balance of the Performance Bond which has been held by the Township in the amount of $3,000.00 shall be released subject to and conditioned upon the Developer submitting a two (2) year Maintenance Bond in the amount of $28,963.20, representing fifteen (15%) percent of the original construction value of $193,088.00, the form of which and the surety shall be acceptable to the Township and the Developer shall, in addition to said Maintenance Bond, deposit cash in the amount of $2,896.32.
3. This Resolution ratifies and confirms action authorized by the Township Committee at its regular meeting of January 27, 2003.
Resolution No. 035-2-2003
Offered by: Corson, Seconded by: McCrosson
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __________ __________ _x________ __________
Corson __x________ __________ __________ __________
McCrosson __x________ __________ __________ __________
Newman ___________ __________ __________ __x_______
Palombo __x________ __________ __________ __________
5. In support of Senate Bill S-1956, which increases dog licenses by $5.00 to offset costs in the use of County animal shelter.
In addition to these generated funds being used in participation in a County Shelter, the Committee wanted to add that this legislation should also permit funds generated to be used in the municipality to defray some portion of the annual cost of their municipal animal shelter facility.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 036-2-2003
RE: EXPRESSING SUPPORT FOR SENATE NO. 1956.
___________________________________________________________________________
WHEREAS, Senate No. 1956 would authorize a municipality to adopt an Ordinance to charge an additional amount, not to exceed Five ($5.00) Dollars, for a dog licensing fee; and
WHEREAS, this legislation would provide a means to assist municipalities in defraying some portion of the annual cost of participating in the use of a County or Municipal animal shelter or pound; and
WHEREAS, the Township Committee supports this legislation and urges its enactment into law;
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 Committee hereby endorses and supports Senate No. 1956 and urges its passage by the New Jersey Senate and General Assembly and further urges the Governor to approve said legislation.
3. Copies of this Resolution shall be forwarded to the following:
Senator James S. Cafiero
Cape May County Board of Chosen Freeholders
All Municipalities in Cape May County
Resolution No. 036-2-2003
Offered by: Corson, Seconded by: McCrosson
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ______x____ __________ __________ __________
Corson ______x____ __________ __________ __________
McCrosson ______x____ __________ __________ __________
Newman ___________ __________ __________ _x________
Palombo ______x____ __________ __________ __________
6. Supporting Senate Bill S-1868-which authorizes certain drivers charged with driving under the influence of alcohol or drugs to be held in custody for a limited period of time.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 037-2-2003
RE: EXPRESSING SUPPORT FOR SENATE NO. 1868.
___________________________________________________________________________
WHEREAS, Senate No. 1868 authorizes a municipality to enact an Ordinance providing that a person who is arrested for a violation of N.J.S. 39:4-50 shall not be released from custody until the person is no longer under the influence of alcoholic beverages, any chemical substance or any controlled dangerous substance for up to eight (8) hours following the time the person was arrested; and
WHEREAS, Committee amendments provide that the municipality may provide an appropriate alternative to custody under certain circumstances and the Committee amendments further provide that a municipality shall not be subject to liability if a person is released from custody pursuant to the provisions of said Act; and
WHEREAS, this Bill would provide an added measure of public safety, which would protect members of the general public from injury to person or property and would also protect the person arrested from causing injury to himself/herself or others; and
WHEREAS, this Governing Body believes that such legislation is in furtherance of the public health, safety and welfare and urges its enactment into law;
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 Committee hereby expresses its support of Senate No. 1868 and urges that the same be enacted into law by the Senate and General Assembly without delay and further urges the Governor to approve such legislation for the benefit and protection of all citizens of New Jersey.
3. Copies of this Resolution shall be forwarded to the following:
Senator James S. Cafiero - District 1
Senator John J. Matheussen - District 4
4. Copies of this Resolution shall also be sent to all of the co-sponsors: Senators Connors, Bucco, Inverso, Singer, Bark, McNamara, Cardinale, Ciesla, Lance, Kavanaugh, Bennett, Allen, Martin, Turner, Rice, Littell, Palaia, Bagger, Sweeney, Lesniak, Coniglio, Adler, B. Smith, Buono, Vitale, Furnari, Girgenti, Baer, Kenny and Codey.
5. A copy of this Resolution shall also be sent to all municipalities and all police departments located in Cape May County.
Resolution No. 037-2-2003
Offered by: Corson, Seconded by: Palombo
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x________ __________ __________ __________
Corson __x________ __________ __________ __________
McCrosson __x________ __________ __________ __________
Newman ___________ __________ __________ __x________
Palombo __x________ __________ __________ __________
7. Authorizing a construction Change Order in favor of A.E. Stone, Inc. with respect to the 2002 Paving Project resulting in an increase of $5,331.20.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 038-2-2003
RE: AUTHORIZING A CHANGE ORDER FOR THE
2002 PAVING PROJECT, RESULTING IN AN
INCREASE IN CONTRACT AMOUNT OF $5,331.20.
___________________________________________________________________________
WHEREAS, the Township of Upper has previously awarded the 2002 Paving Project to A.E. Stone, Inc. of Egg Harbor Township, New Jersey 08234, in the original Contract amount of $345,350.00; and
WHEREAS, the Township wishes to approve a Change Order to the aforesaid Contract as hereinafter provided; and
WHEREAS, the Chief Financial Officer has issued a certification as to the availability of funds for this Change Order; and
WHEREAS, this Change Order, comprising both extra work, as well as cost increases, does not exceed twenty (20%) percent of the original Contract award; and
WHEREAS, this Change Order is in the best interests of the Township;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Change Order No. 2 to the 2002 Paving Project with A.E. Stone, Inc., Inc. is hereby authorized as follows:
Increases.....................$ 5,210.60
Decreases.....................$ 831.40
Extra Work....................$ 952.00
TOTAL.........................$ 5,331.20
3. The aforesaid Change Order is to provide work throughout the project.
4. A copy of the Change Order detailing the nature and the extent of the work to be done, together with a summary of the Change Order, together with all other prior Change Orders, if any, are attached to this Resolution as Exhibit AA@.
5. The Mayor and Chief Financial Officer are hereby authorized, directed and empowered to execute the Change Order on behalf of the Township of Upper.
6. All Township officers and officials are hereby authorized to take all action necessary to carry out the intent and purpose of this Resolution.
Resolution No. 038-2-2003
Offered by: Bucciarelli, Seconded by: McCrosson
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
McCrosson ___x_______ __________ __________ __________
Newman ___________ __________ __________ _x________
Palombo ___x_______ __________ __________ __________
8. Authorizing the Township of Upper to enter a leasing and management agreement with the County of Cape May covering Block 383, Lot 1 and Block 247, Lot 21 in the Township of Upper, Cape May County, New Jersey.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 039-2-2003
RE: AUTHORIZING THE TOWNSHIP OF UPPER TO
ENTER A LEASING AND MANAGEMENT AGREEMENT
WITH THE COUNTY OF CAPE MAY COVERING
BLOCK 383, LOT 1 AND BLOCK 247, LOT 21
IN THE TOWNSHIP OF UPPER, CAPE MAY COUNTY,
NEW JERSEY.
_________________________________________________________________________
WHEREAS, the County of Cape May has or is about to purchase Block 383, Lot 1 and Block 247, Lot 21 (the A Property), from Wheaton USA, Inc., such purchase to be made pursuant to Cape May County's Open Space and Farmland Preservation Program; and
WHEREAS, the Township of Upper affirmatively requested the County to consider purchasing the Property pursuant to Resolution No. 54-3-1999, which was adopted by the Upper Township Committee on April 12, 1999; and
WHEREAS, the County has submitted a form of Leasing and Management Agreement, which has been reviewed by the Municipal Attorney and approved by him; and
WHEREAS, the Leasing and Management Agreement will provide additional land to the Township adjacent to the Community Center, which will be available to serve the future needs of the Township, both recreational and otherwise; and
WHEREAS, the Township Committee believes that it is in the interests of the residents of Upper Township to enter into such Leasing and Management Agreement, which is for an additional term of fifteen (15) years, with an option to renew the Leasing and Management Agreement for two (2) additional terms of fifteen (15) years each;
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 and Township Clerk are hereby authorized, directed and empowered to execute on behalf of the Township of Upper a Leasing and Management Agreement substantially in accord with the form attached hereto as Exhibit AA@ and the Township Clerk is further authorized to seal said document with the seal of the Township.
Resolution No. 039-2-2003
Offered by: Bucciarelli, Seconded by: Palombo
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
McCrosson ___x_______ __________ __________ __________
Newman ___________ __________ __________ __x_______
Palombo ___x_______ __________ __________ __________
9. Resolution approving the application of Water Sport Productions, Inc. for a jet ski race/Mid-Atlantic Tour and Endurance Challenge Series for Sunday, May 4, 2003 in Beesley’s Point.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 040-2-2003
RE: AUTHORIZING AN IJSBA SANCTIONED JET SKI
RACE/MID-ATLANTIC TOUR AND ENDURANCE CHALLENGE,
SPONSORED BY WATER SPORT PRODUCTIONS, INC.,
TO BE HELD AT THE LOCATION OF BEESLEY=S POINT
SEADOO RENTALS, SALES AND SERVICE ON
SATURDAY, MAY 3, 2003 AND SUNDAY, MAY 4, 2003.
________________________________________________________________________
WHEREAS, Water Sport Productions, Inc. has submitted letters to the Township Committee dated January 7, 2003 and February 5, 2003, proposing to hold an International Jet Sports Boating Association Sanctioned Personal Watercraft Race at Beesley's Point SeaDoo Rentals, Sales and Service on May 3, 2003 and May 4, 2003 from 7:00 a.m. to approximately 5:00 p.m., as more particularly specified in said letters, a copy of which are attached hereto as Exhibit AA; and
WHEREAS, this event has been held in the past and is scheduled to be held on private property and on adjacent public waterways and conducted in accordance with the official rules of the IJSBA; and
WHEREAS, the Event Sponsor has represented that notice has been given to the New Jersey State Police, the New Jersey State Police Marine Division, and the United States Coast Guard and also to the Upper Township Rescue Squad;
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 Committee does hereby grant approval, to the extent that it has jurisdiction to do so, to Water Sport Productions, Inc. for the event to be held on May 3, 2002 and May 4, 2003, as specified in this Resolution and in the accompanying Exhibit, subject to and conditioned upon the following:
16. The event described in this Resolution is carried out by the Event Sponsor, Water Sport Productions, Inc., which is a corporation having a principal place of business at 331 South Broad Street, Lititz, Pennsylvania 17543. The Sponsor has no connection, direct or indirect, with the Township of Upper or any of its officials or employees. The Event Sponsor shall not, in any way, directly or indirectly, represent that it is, in any way, associated with or affiliated with the Township of Upper and shall make clear that the event is carried out on private property and in adjacent waterways, which waterways are under the jurisdiction of the municipality and/or the State of New Jersey, and with the license or permission of the Township Governing Body to the extent that said Governing Body has jurisdiction to do so, but it is not and shall not be considered a Township sponsored or sanctioned event.
17. The Event Sponsor shall provide general comprehensive liability insurance in the minimum amount of $1 million, combined single limits per occurrence. A Certificate of Insurance shall be provided to the Township Clerk not later than April 14, 2003 for review and approval of the Township Committee. Said Certificate of Insurance shall name the Township of Upper, its officials, officers and employees, as an additional insured.
18. The Event Sponsor shall execute an Indemnification and Hold Harmless Agreement in favor of the Township of Upper, its officials, officers and employees in the form attached hereto as Exhibit AB@.
19. The Event Sponsor shall also execute a Corporate Resolution in the form attached hereto as Exhibit AC@.
20. The approval granted herein is expressly conditioned upon the Event Sponsor providing adequate written notice to the New Jersey State Police, Woodbine Barracks; the New Jersey State Police, Marine Division; United States Coast Guard and the Upper Township Rescue Squad, and further conditioned upon the Sponsor=s compliance with all conditions imposed by any or all of said entities.
3. This Resolution formalizes action that was taken by the Township Committee at its regularly scheduled meeting held on January 27, 2003.
Resolution No. 040-2-2003
Offered by: Corson, Seconded by: Bucciarelli
Adopted: February 10, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________