TOWNSHIP OF UPPER
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 P.M.
CALL TO ORDER
ROLL CALL
David Bucciarelli Present
Curtis Corson Present
Andrew McCrosson Arrived at 4:15 P.M. missing just the approval of the Minutes.
John “Jay” Newman Present
Richard Palombo Present
APPROVAL OF MINUTES - March 10, 2003 Regular Meeting and
Moved by David Bucciarelli, second by Jay Newman with all four Committeemen present voted in favor.
REPORT OF GOVERNING BODY MEMBERS
David Bucciarelli, motioned to name Paul Dietrich as Project Manager for the Amanda’s Field Project. This was seconded by Andrew McCrosson with all five Committeemen voting in favor.
Andrew McCrosson, commented on a letter received from FEMA that they may reimburse some of the costs incurred by the Township during the snowstorm last month.
He motioned and Mr. Bucciarelli seconded, that we endorse Senate Bill 2295, Assembly Bill 3341 pertaining to Fair Share Housing.
Curtis Corson, commented on spring leaf pickup. Leaves are to be bagged for pickup by the Township.
Jay Newman, commented on Safety in Our Schools program that the Fire Companies will be a part of. Regarding the Decon Ordinance adopted last year, he is in the process of preparing a SOP manual with the team.
He motioned that the Township join the Countywide Animal Shelter, Curtis Corson seconded. During roll call all five Committeemen voted in favor with David Bucciarelli voting favorably if the cost is affordable for the Township. There was discussion that costs to the Township the first year would be about $20,500. Freeholder Leonard Desiderio was present and stated that the County shelter is expected to be operational by Sept. 1st, 2003. The Mayor commented on Interlocal Agreements the Township has with Dennis Township and Woodbine Borough. Woodbine is planning to join, Dennis is undecided as yet.
Richard Palombo, Mayor, commented on the plan Conectiv has to install a bike walk along an old railroad bed in exchange for the Township allowing additional power lines along Roosevelt Blvd. Conectiv will contact Engineer Paul Dietrich and provide the details.
The Mayor commented on a notice from Conectiv about a 4 hour power outage scheduled for March 26, 2003 from St. Martins to Bayaire. Conectiv has contacted the homeowners. The Mayor also asked that the newspaper print a notice to residents.
He also discussed a request from Mr. Regensberg asking for a temporary trailer to be used as living quarters while his home is being repaired. His home is located on Rt. 9 and was damaged during a car accident. Moved by Richard Palombo, second by Andrew McCrosson to locate a trailer on site for one year or when C.O. is issued, whichever is first. During roll call vote all five Committeemen voted in favor. Formalizing resolution will be scheduled for next meeting.
He discussed the organization Clean Ocean Action.
He reported on the Support Our Troops rally recently held at the Trinity United Methodist Church. The Township will be a drop-off spot for donations to our troops and their families.
He stated that employee Nancy Lombardi Palmer’s son Matthew is in the Marines and currently deployed to Iraq. Nancy is Deputy Court Administrator for Upper Township.
He also reported that in an effort to prepare our citizens, he directed that John Deuter, Director of Emergency Management and Alice Teal, Newsletter Editor, to prepare for print a pamphlet entitled “Plan Talk on Terrorism Preparedness).
He announced that Barbara Spiegel from the Clerk’s Office, has successfully completed her class in Municipal Finance. This is part of a series of five courses required to complete in order to be able to sit for the State Exam for RMC Certification.
Regarding the Municipal Alliance Committee; it was asked if the “Safe House” pledge families could be listed on the Municipal Web site. These are families that pledge not allow minors to consume alcohol at their homes. Attorney Daniel Young will look into this matter as to liability to the Township. The Mayor also mentioned the “Say No” assembly, the “Hooked on Fishing” trip and the skating night, all sponsored by the M.A.C.
Paul Dietrich, Municipal Engineer, reported that the Rescue Squad building and the Marmora Sidewalk projects are moving along well.
There will be a Pinelands planning and implementation meeting on Friday that he will attend. Our Ordinance 006-2003 with amendments and Master Plan reexamination will be discussed at this meeting. Mr. McCrosson commented that the Pinelands Commission membership has had many changes making it difficult to vote on this ordinance. The Ordinance may have to go back to the Planning Board for Public Hearing and then the Committee would reintroduce it and hold another hearing for adoption.
Mr. Dietrich also discussed a policy for distribution of GIS information. No other municipalities have a policy and he will continue to develop one for us.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 065-2003
RE: A RESOLUTION CONGRATULATING
THE UPPER TOWNSHIP JUNIOR VARSITY CHEERLEADING ASSOCIATION ON BECOMING THE
AMERICAN CHEER & DANCE ACADEMY: REACH THE BEACH NATIONAL CHAMPIONS AND THE CHEER TECH
NATIONAL CHAMPIONS ______________________________________________________________________________
WHEREAS, the Upper Township Junior Varsity Cheerleading Association has had an outstanding season; and
WHEREAS, they recently participated in the American Cheer & Dance Academy: Reach the Beach competition on February 22, 2003 in Ocean City, Maryland, and in the Cheer Tech competition on March 8 and 9, 2003 in Wildwood, New Jersey, where they won National Championship trophies; and
WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate the squad listed as follows:
Caitlyn Brice Elizabeth Farnan Alexa Nepa Chelsea Sneathen
Kaitlyn Brooks Amanda Jamison Jenna Nickas Heather Terwilliger
Ashly Carpenter Caroline Kelly Morgan Noble Melanie Wall
Jenna Costello Sara Kelly Kaitlyn Payne Allie Walls
Holly DiJoseph Tori Langsdorf Molly Reighn Caitlin Wiesner
Alli Dingler Elizabeth Lombard Stephanie Roloff Emily Willson
Molly Ensminger Emily McSorley Sarah Shone Tina Kelly
Jamie Errickson Traci Migliaccio Sami Kate Smith
WHEREAS, we also extend this recognition and thanks to the people that have generously given their personal time and service to coach this squad, they being Dana Migliaccio and Robin Smith;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to extend to the Upper Township Junior Varsity Cheerleading Association congratulations on becoming the American Cheer & Dance Academy: Reach the Beach National Champions and also the Cheer Tech National Champions, and to each coach heartfelt thanks and gratitude for the generous donation of their time and service to the young people of this community.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 24th day of March, 2003.
Resolution No. 065-2003
Offered by: Bucciarelli, Seconded by: Newman
Adopted: March 24, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
2. Congratulating Upper Township Varsity Cheerleading Association on becoming the Cheer Tech National Champions.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 066-2003
RE: A RESOLUTION CONGRATULATING
THE UPPER TOWNSHIP VARSITY CHEERLEADING ASSOCIATION ON BECOMING THE CHEER TECH NATIONAL CHAMPIONS ______________________________________________________________________________
WHEREAS, the Upper Township Varsity Cheerleading Association has had an outstanding season; and
WHEREAS, they recently participated in the Cheer Tech competition on March 8 and 9, 2003 in Wildwood, New Jersey, where they won a National Championship trophy; and
WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate the squad listed as follows:
Tina Amerman Katelyn Hickman Amanda Mitchell
Sarah Burnett Gabrielle Jacobs Meredith Schoyer
Chelsea Chism Katie Kelly Melissa Scola
Carissa Clark Katelin Kelly Alex Sobolewski
Amy DeLuce Tina Kelly Amanda Tibbitts
Alexandra Diaz Sarah LeRoy Kelly Willett
Kelly Dilks Aubrey Loder Brooke Wilson
Jaime Hartley Kelly McGlynn Megan Wodesky
Joanna Heston Ashley Miller
WHEREAS, we also extend this recognition and thanks to the people that have generously given their personal time and service to coach this squad, they being Kay Garcia and Julie Hartley;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to extend to the Upper Township Varsity Cheerleading Association congratulations on becoming the Cheer Tech National Champions, and to each coach heartfelt thanks and gratitude for the generous donation of their time and service to the young people of this community.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 24th day of March, 2003.
Resolution No. 066-2003
Offered by: Bucciarelli, Seconded by: Newman
Adopted: March 24, 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
R E S O L U T I O N
RESOLUTION NO. 067-2003
RE: ACCEPTING THE MAINTENANCE BOND OF
CLAYTON DEVELOPMENT ASSOCIATES, LLC
FOR THE SUBDIVISION KNOWN AS LAUREL RIDGE ROAD
ON BLOCK 453.10, LOT 335
OWNER AND/OR 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 Developer), has heretofore requested acceptance of a Maintenance Bond for the major subdivision project known as Laurel Ridge Road; and
WHEREAS, pursuant to Resolution No. 35-2-2003, the Township Committee authorized release of the balance of the Performance Bond which had been held by the Township in the amount of $3,000.00 subject to the condition that the Developer submit a two year Maintenance Bond in the amount of $28,963.20, representing fifteen percent (15%) of the original construction value $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; and
WHEREAS, pursuant to N.J.S.A. 40:55D-53, the Developer is required to post a maintenance bond; and
WHEREAS, the Developer has presented to the Township a Maintenance Guaranty as follows:
Maintenance Surety Bond
Bond No. B2 1871185
Principal: Clayton Development Associates, LLC
4019 Ocean Heights Avenue
Egg Harbor Township, NJ 08234
Surety: Gulf Insurance Company
3055 Lebanon Road, Suite 3-1100
Nashville, TN 37214
Bond Amount: $28,963.20
Bond Date: February 27, 2003
Bond Amount Cash: $2,896.32
WHEREAS, the Municipal Attorney has reviewed the Maintenance Guaranty and has determined that same complies with the New Jersey Statutes and the Township Ordinances applicable thereto and has recommended the 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 Surety Bond described in this Resolution is hereby accepted and approved.
3. All Township officials and officers are hereby authorized and empowered to take all actions deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 067-2003
Offered by: McCrosson, Seconded by: Corson
Adopted: March 24, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _ x ___
Corson x ___
McCrosson x ___
Newman x ___
Palombo x ____
Distribution:
-Engineer
-Construction Official
-Planning Board
-Developer
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 068-2003
RE: APPOINTMENT OF JOHN W. TUMELTY, ESQUIRE AS ATTORNEY FOR JAMES M. JONES IN CONNECTION WITH AN ALLEGED MOTOR VEHICLE VIOLATION OCCURRING ON OR ABOUT FEBRUARY 19, 2003
______________________________________________________________________________
WHEREAS, an employee of the Department of Public Works has been charged with a motor vehicle violation arising out of the performance of his duties as a Township employee; and
WHEREAS, under such circumstances such an employee is entitled to be represented by an attorney who is not otherwise affiliated with the Township of Upper and who does not hold any office or appointment in the Township; and
WHEREAS, the Municipal Attorney has recommended the appointment of an independent attorney as hereinafter provided;
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 W. Tumelty, Esquire with offices at 539 South Shore Road, Palermo, New Jersey is hereby retained to represent Township employee James M. Jones with respect to a motor vehicle charge arising out of an incident which occurred in the Township of Upper on or about February 19, 2003.
3. Township shall be responsible for the fees and costs incurred in this representation at the rate of $100.00 per hour not to exceed $500.00.
4. All Township officials and employees are authorized to take such action as may be necessary to carry out the intent and purpose of this Resolution.
5. This Resolution shall be effective as of March 24, 2003.
Resolution No. 068-2003
Offered by: Corson, Seconded by: Newman
Adopted: March 24, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ____x____ _______ _______ _______
Corson ____x____ _______ _______ _______
McCrosson ____x____ _______ _______ _______
Newman ____x____ _______ _______ _______
Palombo ____x____ _______ _______ _______
5. In the matter of John M. Tomlin and Carolyn S. Tomlin, the owners of Block 348, Lot 96, otherwise known as 2001 Tuckahoe Road, Petersburg, Upper Township, New Jersey, extending the time for said owners to repair or demolish the main structure on said property until April 24, 2003 and further modifying Resolution No. 233-9-2002 in certain respects.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 069-2003
RE: IN THE MATTER OF JOHN M. TOMLIN AND
CAROLYN S. TOMLIN, THE OWNERS OF
BLOCK 348, LOT 96, OTHERWISE KNOWN AS
2001 TUCKAHOE ROAD, PETERSBURG, UPPER TOWNSHIP,
NEW JERSEY, EXTENDING THE TIME FOR SAID OWNERS
TO REPAIR OR DEMOLISH THE MAIN STRUCTURE ON SAID
PROPERTY UNTIL APRIL 24, 2003 AND FURTHER MODIFYING
RESOLUTION NO. 233-9-2002 IN CERTAIN RESPECTS.
______________________________________________________________________________
WHEREAS, the Township Committee conducted a hearing on September 9, 2002 and thereafter on September 23, 2002 adopted Resolution No. 233-9-2002, which memorialized the decision made at the September 9, 2002 meeting; and
WHEREAS, Resolution No. 233-9-2002 (the Resolution) directed the property owners, John M. Tomlin and Carolyn S. Tomlin (the Tomlins) to repair or demolish the main structure on Block 348, Lot 96 (the Property) within sixty (60) days of September 9, 2002 and directed certain additional relief; and
WHEREAS, the Township Committee has monitored the progress to date and it is clear that the Tomlins are proceeding to repair and/or demolish the structure on the Property and are otherwise engaged in a general clean-up of the surrounding areas and from the progress made to date, the Township Committee is satisfied that it is reasonable and warranted to grant to the Tomlins a further reasonable extension of time within which to complete the repair and/or demolition of the structure;
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. Resolution No. 233-9-2002 is hereby further modified as follows:
(A) Paragraph 6.1 is further modified to provide that the Tomlins shall have from September 9, 2002 until April 24, 2003, for the repair or demolition of the structure and all other provisions, terms and conditions of Paragraph 6.1 remain unchanged and in full force and effect.
(B) Paragraph (17) (sic) is hereby further modified to provide that the Municipal Engineer shall solicit bids on or about May 5, 2003, with a view to receiving bids on or about May 22, 2003 so that a recommendation can be submitted to the Township Committee and a demolition bid awarded on or about May 27, 2003.
3. Except as herein modified, all other provisions, findings, conclusions, directives and orders contained in Resolution No. 233-9-2002 remain in full force and effect.
Resolution No. 069-2003
Offered by: Corson, Seconded by: Newman
Adopted: March 24, 2003
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
Distribution:
-Paul E. Dietrich, Sr., P.E., Township Engineer
-Edward Kenney, Construction Official
-Anthony Lauriello, Zoning Official and Code Enforcement Official
-Leonard W. Guthrie, Cape May County Health Department
-John M. and Carolyn S. Tomlin
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 070-2003
RE: APPOINTMENT OF WILLIAM McDERMOTT
AS THE UPPER TOWNSHIP REPRESENTATIVE
TO THE GREAT EGG HARBOR NATIONAL SCENIC
AND RECREATIONAL RIVER COUNCIL
______________________________________________________________________________
WHEREAS, the Great Egg Harbor National Scenic and Recreational River Council is comprised of one representative from each of the 12 municipalities involved and one representative from the Great Egg Harbor Watershed Association and Upper Township is one of the municipalities involved; and
WHEREAS, the Great Egg Harbor National Scenic and Recreational River Council provides input on a wide variety of issues from federal and state permits for construction projects in the river corridor to the expenditure of funds made available through the National Park Service; and
WHEREAS, the Township of Upper has determined that William McDermott should be appointed as the representative of the Township of Upper to the Great Egg Harbor National Scenic and Recreational River Council; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. William McDermott is hereby appointed for a two year term commencing on February 1, 2003 and ending on January 31, 2005 to the Great Egg Harbor National Scenic and Recreational River Council as the representative of Upper Township, New Jersey.
3. A copy of this Resolution shall be forwarded to the Great Egg Harbor National Scenic and Recreational River Council at 200 Chestnut Street, Philadelphia, PA 19106-2878.
Resolution No. 070-2003
Offered by: Palombo, Seconded by: McCrosson
Adopted: March 24, 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
R E S O L U T I O N
RESOLUTION NO. 071-2003
RE: AUTHORIZING THE TOWNSHIP OF UPPER
TO ENTER INTO A CONTRACT WITH BENJAMIN RAU
FOR THE MAINTENANCE AND DEVELOPMENT OF THE
UPPER TOWNSHIP INTERNET WEB SITE FOR THE YEAR 2003
_____________________________________________________________________________
WHEREAS, the Township of Upper maintains an internet web site which requires routine maintenance and web site enhancement, including but not limited to the development of new pages, information and data for the web site; and
WHEREAS, Benjamin Rau possesses the requisite skill and knowledge to perform routine maintenance on the Upper Township web site and enhance same by developing new pages and information; and
WHEREAS, the Township of Upper desires to enter into a contract for services with said Benjamin Rau for the aforesaid purposes; 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. The Township of Upper is hereby authorized to enter into a contract for services with Benjamin Rau for routine maintenance and enhancement, including the development of new pages and information, with respect to the Township’s internet web site for the calendar year 2003.
3. The consideration to be paid said Benjamin Rau shall be the sum of Two Thousand Five Hundred Dollars ($2,500.00) for the calendar year 2003.
4. All Township officials are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution.
5. This Resolution shall be effective as of January 1, 2003.
Resolution No. 071-2003
Offered by: McCrosson, Seconded by: Newman
Adopted: March 24, 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. 072-2003
R E S O L U T I O N
RE: AUTHORIZING SALE OF LANDS AT PUBLIC AUCTION, TO WIT:
BLOCK 10, LOT 194
______________________________________________________________________________
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 of real property is not needed for any public use:
Block 10, Lot 194
3. The aforesaid parcel 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: June 11, 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 May 22, 2003, May 29, 2003 and June 5, 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 feet (200') of the property 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 said parcel being sold is hereby established as follows:
Block 10, Lot 194..........$1,400.00
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. 072-2003
Offered by: Bucciarelli, Seconded by: McCrosson
Adopted: March 24, 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:
BLOCK 10, LOT 194
DATE OF SALE: JUNE 11, 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:
The sale of the parcel 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 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.
3. 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, cashiers 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 July 11, 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 August 11, 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:
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:
(i) The sum of $100.00 for the preparation of the Deed.
(ii) The sum of $30.00 for recording the Deed.
(iii) 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:
(2) Any additional sum required for title search or title insurance.
(C) 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.
(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.
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 July 11, 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 August 11, 2003.
5.5 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.
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. 072-2003, 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 bidders 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 Townships 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 bidders 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. 072‑2003, adopted by the Township Committee of the Township of Upper on March 24, 2003.
15. DEFINITIONS:
15.1 As used herein, the following terms shall have the meaning indicated, unless the context clearly implicates a different meaning:
Bid - the amount offered at the auction sale.
Bidder - a person or entity submitting a bid at the auction sale.
Closing - the date on which title shall pass from the Township to the Purchaser.
Sale - the date on which the auction shall take place.
Daniel Young, Municipal Attorney, discussed the recent land sale of Block 348, Lots 90 & 91. There was a mistake in the bidding and the proceedings were stopped at $38,800. On advice from the attorney, the bidding resumed at $38,800 and the final sale price was $50,100. Successful bidder Douglas Masi, sent a letter objecting to the continuation of the bidding and that he was entitled to get the lot for $38,800 instead of $50,100. Mr. Masi indicated to Mr. Young that he did not want the lot readvertised for a rebid. Mr. Young explained that it was our obligation to the taxpayers to get as much for the lot as possible and advised the Township Committee to accept the $50,100 bid.
PUBLIC HEARING and FINAL ADOPTION
OF 2003 MUNICIPAL BUDGET
He mentioned several line items from the Budget, specifically ones the Township has no control over—insurance, salaries, etc.
During Public Comment the following people were heard:
Dawn Sneathen, regarding tipping fees and taking recyclables to Cumberland County.
Kevin Grubb also commented on recycling; and suggested we buy our own equipment to resurface our roads. The Mayor replied that we get a better price for this work by bidding it out and also that any equipment we would buy would sit idle most of the year.
Libby Schuck commented on the high salaries of teachers and the school budget.
Robert Turnbill also commented on the school budget and that Ocean City has the highest cost per student in New Jersey.
The Mayor suggested they attend the School Board meeting that will be held later this evening and explained that the Township Committee has no input on the School Board Budget. The Township budget is the subject of the hearing for this evening.
There being no further comments from the public, Curtis Corson motioned to adopt the Budget, second by Jay Newman with all five Committeemen voting in favor.
Resolution No. 076-2003 entitled Local Unit Budget
Examination was adopted.
CORRESPONDENCE
11. William
L. Simmerman, Jr., request for streetlights at corner of Stagecoach Rd. and
along Ocean Avenue.
NEW BUSINESS
The State’s Big Red Map to eliminate urban sprawl was discussed.
UNFINISHED BUSINESS:
14. Further review on feasibility of a Noise Ordinance. This item was postponed until the next agenda at the