TOWNSHIP OF UPPER
CAPE MAY COUNTY
SPECIAL HEARING-JOHN AND CAROLYN TOMLIN, BLK. 348, Lot 96. 7:00 P.M.
SPECIAL HEARING IN THE MATTER OF
JOHN AND CAROLYN TOMLIN, BLOCK 348, LOT 96
SEPTEMBER 9, 2002, 7:00 P.M.
The meeting was called to order at 7:00 P.M. The Sunshine notice was read into the record.
Roll Call: David Bucciarelli Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were: Municipal Attorney, James Waldron
Municipal Engineer, Paul Dietrich
Municipal Clerk, Wanda Gaglione
Municipal Construction Official, Edward Kenney
Municipal Zoning Officer, Anthony Lauriello
County Health Officer, Len Guthrie
Municipal CFO, Patricia Dopko
At this time no one was present representing the Tomlins. John and Carolyn Tomlin did not arrive until 7:40 P.M.
(1) The front building on this lot was damaged by fire in 1995. After many orders to Mr. Tomlin, no action has taken place to repair or demolish the structure or clean up the property. The Mayor opened the hearing by having Mr. Waldron summarize action taken so far. He explained that this hearing was being convened pursuant to Resolution No. 211-8-2002 which was adopted by this Committee on 8/12/2002. That resolution directed Mr. and Mrs. Tomlin to appear this evening to show good cause why this Committee should not take action that the property should not be repaired or demolished. Notices of this hearing were sent to both Mr. and Mrs. Tomlin, via certified mail, return receipt and regular mail. The Zoning Officer also attached a copy onto the door of the property, and hand delivered copies to the place they were believed to be periodically staying. The notice was read into the record. The notice advised the Tomlins to appear tonight and advised them that if they failed to appear tonight the hearing would proceed in their absence and the Committee would proceed to take testimony. The notice further advised them that if it was their intention to apply for a building permit to restore the premises they were directed to consult with the Construction Official in advance of tonight with certification from an architect or engineer of the State of N.J. that the premises were sound and could be rehabilitated. The notice further advised them that if they intended to proceed in that fashion they had to appear tonight with specific plans with respect to financing, a builder, timetable for commencement for the project and a specific timeline for the completion of the project.
He asked Mr. Kenney if the Tomlins or any representative on their behalf, have contacted him with specific plans to rehabilitate this property. Mr. Kenney answered that he has not been contacted by the Tomlins for the last six months. The last time before that was when the warehousing was discovered on the site.
No one else has heard from the Tomlins since the notices were made.
Mr. Kenney stated that the only permit granted for this property was for a temporary electric pole. The temporary pole was installed for a temporary trailer, and then the trailer was removed. When he was on the site last year he noticed a wire from the temporary pole to the small building. The power was cut off to the property when this un-permitted electric line running from the temporary pole to the small building was discovered.
With regards to someone living on the site: Mr. Kenney stated that there were reports of someone living in the small structure to the rear of the tract. Mr. Lauriello stated he has never seen anyone living there however neighbors have reported lights in the back building.
(2) Robert Vicario, 1983 Tuckahoe Rd., the next-door neighbor, stated that he has not seen anyone there during the day for about a month but that someone lives there at night. He was worried about fire, the trash on the property, vermin, mosquitoes and the affect on neighbor’s properties.
Condition of the burned structure and site: Mr. Dietrich stated that there is no roof on the front structure and there are large holes in the walls and that the structure is unsound. Mr. Lauriello submitted pictures of the property taken June 2002. Lenard Guthrie from the CMC Bd. Of Health, submitted pictures taken on 9/5/2002. The pictures showed an area where cans were stacked-the Tomlins stated that they did not contain fuel. The site is covered with garbage and debris. When Mr. Guthrie met with Mrs. Tomlin she told him her husband lives in the small building and that there is no electric or water hookups.
There are two homes on the lot.
The Committee asked what steps can take place to clean up this property. Mr. Waldron explained that if the Committee deems a structure to be unsafe according to the BOCA Code, they can order the Tomlins to demolish the property within 30 days. If no action is taken they can then solicit bids and order it demolished and charge the cost against the property to be collected with this years taxes. Then expose it for tax sale in the event it is not paid. He further explained that under 40:48-2.3, the statute provides that if a building is found to be unfit for human habitation that this Committee is empowered to issue an order to demolish. Further, the Committee could change their decision in the case of the Tomlins presenting a plan to improve the building.
Exhibits: The following exhibits were marked for the record:
#1-Letter dated Oct. 22, 2001, addressed to Twp. Committee from the Construction Official
#2-Letter 9/5/2002 from Anthony Lauriello, Zoning and Code Enforcement Official from the Township of Upper
#3-Letter dated 9/5/2002 from Township Engineer to Township Committee
#4-Letter dated 9/9/2002 from Lenard Guthrie, CMC Dept. of Health, to this Committee—in which he has corrected the Lot number. Block 348, Lot 96
The resolution previously adopted incorporates a number of violation and notices dating back to 1996 and are incorporated in the Resolution 211-9-2002 by reference.
Finding of Fact:
Andrew McCrosson-property in question was extensively damaged by fire in 1995 with no repair work ever done. On June 5, 1996 Construction Official inspected the structure and deemed the structure as unsafe. On June 28, 2001 and on October, 2001 the property was inspected and found to be unsafe and still is unsafe.
Richard Palombo-testimony included that from time to time individuals have been living on the property with no water or electricity. There was electricity to a small structure that never had approval. The front structure has been deemed unsound. Pictures show debris and build-up of unsafe materials that are being stored on the site.
Curtis Corson-debris poses the potential for mosquitoes, vermin etc.
David Bucciarelli-notice was served correctly. No one from the Tomlins appeared to correct the situation, as it exists.
John and Carolyn Tomlin arrived at this hearing at 7:40 P.M.
The Mayor asked them to come up. They do not have counsel. The Mayor explained the reason this hearing is being held. Mr. Tomlin stated the fire-damaged house was built in 1864, the kitchen part was built before that. The structure is covered by a canvass roof. He stated he protects his house the best he can. He has been turned down for mortgages to repair it. He got rid of the trailer. People that lived in the trailer were supposed to help him do the repairs and they just left. He has enough material in his yard to put a roof on the fire-damaged structure, but it would not come up to code. He stated if the Township wishes to tear it down then do it. He stated he lives in the little house to the rear of the lot. There is no electricity or water. He stated he flushes the toilet with collected rainwater. He is comfortable in the little house and that he and his wife live there and manage quite well. They have battery lights. His wife sometimes stays with friends in Tuckahoe. He is a Veteran. He has lived there for over 50 years. He stated he just wants to be left alone. Mr. Waldron explained to him that he is living against the law because of the condition of the property.
Mr. Corson asked about any agencies that could aid the Tomlins. Mr. Waldron mentioned HUD, NJ Prevention of the Homeless, agencies in Atlantic City that will interview him over the phone. County Social Services can also help them.
The Clerk’s Office will make telephone calls to agencies to see what help is available to them.
The Committee wants the property cleaned up while this process takes place. Mr. Tomlin stated he would start cleaning the property immediately. The Tomlins are to report to the Clerk’s Office as to the progress of the cleanup.
Mr. Tomlin will consent to allow the Construction Official in the little house on Tuesday at noon. Mr. Kenney will inspect to see if it is an inhabitable property and that electric and water can be turned on. Mr. Guthrie from the CMC Health Dept. will also accompany them.
The front house damaged by the fire will be demolished. The rear house will be evaluated as to whether it is inhabitable or not. Mr. Waldron explained that if the house in uninhabitable then the Township must make arrangements for new living arrangements. This determination would be made tomorrow.
Motion was made by Jay Newman, second by Curtis Corson to:
1- accept the Finding of Facts,
2- that the front house would be cleaned up or demolished within 60 days of tonight.
3- And the cleanup of the property begins immediately and is to be completed within 60 days.
Motion is conditioned upon property owners commencing an immediate cleanup and if cleanup does not start promptly they don’t get the 60 days for completion.
After the time limit the engineer will solicit bids.
During roll call vote all five Committeemen voted in favor.
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
David Bucciarelli Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Chief Financial Officer, Patricia Dopko
Municipal Attorney, James Waldron
Municipal Engineer, Paul Dietrich
Municipal Clerk, Wanda Gaglione
APPROVAL OF MINUTES - August 26, 2002 Regular Meeting and Closed Session Minutes
Motion to approve the Minutes with one correction, that being the meeting with the Mayor and Captain Huertas regarding the Community Policing program will take place 9/10/2002.
Motion to approve with correction, by Curtis Corson, second by Jay Newman with all five Committeemen voting in favor.
1. POW/MIA Day-Remembrance Ceremony, presented by Ted Behr, representative from the American Legion. Ted Behr, from Marshallville and also a member of the American Legion, gave a presentation in remembrance of National POW/MIA Day—a day to honor our U.S. Armed Forces prisoners of war and those missing in action. It is commemorated on the 3rd Friday of September. He explained that there are approximately 89,000 soldiers that fit into this category with the majority of soldiers from World War II. He set up a dining scene which included a small chair, table and place setting for one, with white tablecloth, red rose in a vase, a candle, one dinner plate and an inverted glass. A lemon and a sprinkle of salt were placed on the dinner plate. He explained the significance of each item—the empty chair symbolizes the missing person, the white cloth is for purity of the intentions of the soldier’s response to duty for their country, the red rose symbolizes the blood that has been shed. Everything is his set up poignantly symbolizes the difficult plight of these soldiers and their families. He concluded the presentation asking everyone to honor the memory of missing soldiers and pray for their safe return. He also explained the Blue Star Banner, a banner that was displayed in windows of homes of family that one or more of their members were in active military duty. The Blue Star Banner was used extensively during World War II but declined in the Korean and Viet Nam Wars. The American Legion wants to see it used again in our war on terrorism. A Blue Star Banner will be presented to Mayor Palombo at the September 11th Remembrance ceremony to be displayed permanently in the Township Hall, and Mr. Behr will make available placards for display in the window of any Upper Township family with a member in the military.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 224-2002
RE: TO ACKNOWLEDGE NATIONAL POW/MIA RECOGNITION DAY ON
SEPTEMBER 20, 2002
_________________________________________________________________
WHEREAS, throughout our Nation’s history, the men and women of America’s Armed Forces have preserved our freedom, protected our security, and upheld our democratic values; and
WHEREAS, in the two centuries since our Nation’s birth, more than a million men and women in uniform have paid the price of liberty with their lives; and
WHEREAS, joining the ranks of these heroes are the thousands who have been held as prisoners of war or whose fate has never been resolved; and
WHEREAS, Americans will never forget those who have borne the indignities and sufferings of captivity in service to our country, those missing in action, or those who died as prisoners of war, far from home and family;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, that we acknowledge National POW/MIA Recognition Day on September 20, 2002; and be it further
RESOLVED, that we honor former American prisoners of war and those whose fate is still undetermined; and be it further
RESOLVED, that we encourage the American people to remember with special sympathy and concern the courageous families who maintain their steadfast vigil and who persevere in the search for answers and the peace that comes only with certainty;
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 9th day of September, 2002.
Resolution No. 224-2002
Offered by: Corson, Seconded by: Newman
Adopted: September 9, 2002
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. 223-9-2002
R E S O L U T I O N
RE: AUTHORIZING SALE OF LANDS AT PUBLIC AUCTION, TO WIT:
BLOCK 631, LOTS 23 - 26, 28 AND 29.
__________________________________________________________________________
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:
Block 631, Lots 23 - 26, 28 and 29
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: October 10, 2002
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 September 19, 2002; September 26, 2002; and October 3, 2002. A copy of the Notice shall also be published in The Press, in the issues of September 19, 2002; September 26, 2002; and October 3, 2002. 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:
Block 631, Lots 23 - 26, 28 and 29...........$15,000.00
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. 223-9-2002
Offered by: McCrosson, Seconded by: Bucciarelli
Adopted: September 9, 2002
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 631, LOTS 23 - 26, 28 AND 29
DATE OF SALE: OCTOBER 10, 2002
_______________________________________________________________
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.
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, 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 November 10, 2002, 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 December 10, 2002. 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:
(3) The sum of $100.00 for the preparation of the Deed.
(4) The sum of $30.00 for recording the Deed.
(5) 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 November 10, 2002, 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 December 10, 2002.
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. 223-9-2002, 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.
(1) 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.
(2) GENERAL CONDITIONS PART OF RESOLUTION:
14.1 The foregoing general terms and conditions identified as Exhibit "A" form a part of Resolution No. 223-9-2002, adopted by the Township Committee of the Township of Upper on September 9, 2002.
(3) 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.
4. Designation of Official Township Contact personnel for matters concerning Employment Practice Liability. Patricia Dopko designee, James Waldron, alternate.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 225-9-2002
RE: DESIGNATION OF OFFICIAL TOWNSHIP CONTACT
PERSONNEL FOR MATTERS CONCERNING EMPLOYMENT
PRACTICE LIABILITY IN ACCORDANCE WITH THE
REQUIREMENTS OF THE ATLANTIC COUNTY JOINT INSURANCE FUND.
_________________________________________________________________________
WHEREAS, the Atlantic County Joint Insurance Fund requires that each participating member designate an individual as the primary contact within the municipality, as well as an alternate contact individual, to deal with matters of employment practice liability; and
WHEREAS, the Township Committee considered this matter at its meeting on August 26, 2002, at which time action was taken to appoint Patricia A. Dopko, Chief Financial Officer and Personnel Officer, as the primary contact individual and Municipal Attorney, James A. Waldron, as the alternate;
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. Chief Financial Officer and Personnel Officer, Patricia A. Dopko, is hereby designated as the primary contact individual and Municipal Attorney, James A. Waldron, is designated as the alternate contact individual for matters involving employment practice liability.
3. A copy of this Resolution and/or notification of these designations shall be forthwith filed with the Atlantic County Joint Insurance Fund.
4. This Resolution ratifies, confirms and memorializes action taken by the Township Committee at its meeting of August 26, 2002.
Resolution No. 225-9-2002
Offered by: McCrosson, Seconded by: Corson
Adopted: September 9, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
McCrosson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
5. Accepting the bid of and authorizing the execution of a contract with A.E. Stone, Inc., of Pleasantville, New Jersey for the project known as “FY2002 Paving Project” at a cost of $345,350.00.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 226-9-2002
RE: ACCEPTING THE BID OF AND AUTHORIZING THE
EXECUTION OF A CONTRACT WITH A.E. STONE, INC.
OF PLEASANTVILLE, NEW JERSEY FOR THE
PROJECT KNOWN AS AFY2002 PAVING PROJECT@
AT A COST OF $345,350.00.
_______________________________________________________________________
WHEREAS, the Township of Upper solicited bids for the furnishing of certain services, materials, labor or equipment, which bids were received on August 22, 2002; and
WHEREAS, the aforesaid bid(s) were thereafter reviewed by the Township Engineer; and
WHEREAS, the Township Engineer has submitted a recommendation to the Township Committee with respect to the award of said bid(s); and
WHEREAS, the Chief Financial Officer of the Township of Upper has certified the availability of funds in sufficient amount to award a contract; and
WHEREAS, the Township intends to take formal action awarding the bid to the lowest responsible bidder 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. The Township hereby accepts the bid submitted by A.E. Stone, Inc. of Pleasantville, New Jersey for the project known as the AFY2002 Paving Project, Township of Upper, Cape May County@, in the amount of $345,350.00, subject to the following:
(4) The Bidder shall comply with all Bid Documents, including the Notice to Bidders, all of which are hereby incorporated herein by this reference.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder and/or the Chief Financial Officer is hereby authorized, directed and empowered to issue a Purchase Order to the successful bidder in the amount authorized in this Resolution.
4. This Resolution ratifies and confirms the action taken by the Township Committee at its regular meeting held on August 26, 2002.
Resolution No. 226-9-2002
Offered by: Bucciarelli, Seconded by: Newman
Adopted: September 9, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
McCrosson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
Distribution:
-Township Engineer
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 227-2002
RE: A RESOLUTION RECOGNIZING
FOR HIS SERVICE ON THE RECREATION COMMITTEE
OF THE TOWNSHIP OF UPPER
AND EXTENDING TO HIM THANKS AND APPRECIATION
______________________________________________________________
WHEREAS, Bruce Lavenia has generously volunteered his personal time and service to the Recreation Committee as In-line Hockey Coordinator since its inception in 2000; and
WHEREAS, he has also volunteered his personal time and service to our community by serving on the Steering Committee for the Bett’s Recreation Field Project; and
WHEREAS, these endeavors benefit all the citizens of Upper Township especially our children, and it is appropriate that he be publicly thanked for generously dedicating his personal time and service.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, in the County of Cape May and State of New Jersey, to extend to Bruce Lavenia heartfelt thanks and gratitude for the generous donation of his time and service to this community, and wish him well in future endeavors.
GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 9thth day of September, 2002.
Resolution No. 227-2002
Offered by: Bucciarelli, Seconded by:Corson
Adopted: September 9, 2002
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. 228-9-2002
RE: REQUESTING THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE
INTERSECTION OF STATE HIGHWAY ROUTE 50 AND ROUTE 49,
TUCKAHOE, TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY.
________________________________________________________________________
WHEREAS, there exists an urgent need for a traffic signal at the intersection of Route 50 and Route 49, Tuckahoe, Upper Township, Cape May County, New Jersey; and
WHEREAS, the current situation creates significant traffic delays due to lack of gaps in traffic; and
WHEREAS, this project has been delayed for more than ten (10) years and the residents of Upper Township are in need of immediate relief, which relief must be in place prior to the start of the 2003 summer season; and
WHEREAS, the New Jersey Department of Transportation has conducted studies of this intersection, the latest of which was conducted in 1998, and justifies the need for the installation of the traffic signal requested;
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 requests the New Jersey Department of Transportation to install a traffic signal device at the intersection of Route 50 and Route 49, Tuckahoe, Upper Township, Cape May County, New Jersey.
3. The Township Committee hereby supports, endorses and adopts the letter written by Paul E. Dietrich, Sr., P.E., Upper Township Engineer, under date of September 5, 2002, to Patricia Ott, Director, Traffic Signal Engineering and Safety, a copy of which is attached hereto, incorporated herein and made a part hereof.
Resolution No. 228-9-2002
Offered by: McCrosson, Seconded by: Newman
Adopted: September 9, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli __x________ __________ __________ __________
Corson __x________ __________ __________ __________
McCrosson __x________ __________ __________ __________
Newman __x________ __________ __________ __________
Palombo __x________ __________ __________ __________
Distribution:
-James Weinstein, Commissioner New Jersey Dept. of Transportation
-Anthony Marsella, NJDOT, Office of Community Relations
-Senator James S. Cafiero
-Assemblyman Nicholas Asselta
-Assemblyman Jefferson VanDrew
-Cape May County Board of Chosen Freeholders
-Dale Foster, P.E., Cape May County Engineer
8. Amending the Lateness and Punctuality Policy.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 229-9-2002
RE: ADOPTING A REVISED POLICY REGARDING
LATENESS AND PUNCTUALITY.
_________________________________________________________________________
WHEREAS, on July 8, 2002, the Township adopted a policy regarding punctuality and lateness, which became effective August 1, 2002; and
WHEREAS, thereafter, the Collective Bargaining Unit of the Township met with the Township Committee in accordance with established procedures to review that policy, which meeting took place on August 26, 2002, as a result of which it was determined that certain modifications would be in the interests of both the Township and its employees; and
WHEREAS, the Township has developed a revised policy, which is now scheduled to take effect on September 16, 2002 and which, when it becomes effective, will supercede and replace that policy which became operative on August 1, 2002;
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 does hereby adopt a revised policy concerning employee lateness and punctuality dated September 9, 2002, to become effective September 16, 2002.
Resolution No. 229-9-2002
Offered by: Bucciarelli, Seconded by: McCrosson
Adopted: September 9, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
9. Emergency Appropriation. The emergency appropriation is necessary to pay for additional hours for lifeguards because of the number of sunny days, and the rip tides that occurred over this summer.
10. Deleting section 20-5.20 from Ordinance No. 6-2002 and referring the matter of Cellular Towers to the Planning Board for further study and recommendations.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 231-9-2002
RE: DELETING SECTION 20-5.20 FROM
ORDINANCE NO. 6-2002 AND REFERRING THE MATTER
OF CELLULAR TOWERS TO THE PLANNING BOARD FOR
FURTHER STUDY AND RECOMMENDATIONS.
__________________________________________________________________________
WHEREAS, Ordinance No. 6-2002, entitled AAn Ordinance Amending And Supplementing Chapter 19, Entitled >Land Subdivision And Site Plan= And Chapter 20, Entitled >Zoning= Of The Code Of Upper Township, Otherwise Known As The >Zoning Code= Or >Zoning Ordinance= Of The Township Of Upper@, came on for second reading, public hearing and possible final adoption on August 26, 2002 following introduction of same, advertisement according to law and notice to the County Planning Board and all adjoining municipalities as required by the Municipal Land Use Law; and
WHEREAS, prior to adoption, it was recommended to the Township Committee that Section 20-5.20 of said Ordinance, entitled ARequirements For Local Communications Facilities@, be deleted from the Ordinance and referred back to the Upper Township Planning Board for further review, study and recommendations, to the end that the Planning Board might recommend specific zones or districts within the Township where such communication facilities sited; and
WHEREAS, it was represented to the Township Committee that the Solicitor for the Planning Board recommended such action, as did the Municipal Engineer and Municipal Attorney; and
WHEREAS, after due consideration and deliberation the Township Committee determined to delete said Section from the Ordinance and said amendment was voted upon before opening the public hearing on the balance of the Ordinance; and
WHEREAS, this Resolution is intended to memorialize the action taken by the Township Committee at the hearing on August 26, 2002;
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. Section 20-5.20 shall be deleted from Ordinance No. 6-2002 and said Section shall be referred back to the Upper Township Planning Board for further study, review and recommendation to the Township Committee.
3. Ordinance No. 6-2002, as ultimately adopted, does not contain Section 20-5.20.
Resolution No. 231-9-2002
Offered by: Bucciarelli, Seconded by: McCrosson
Adopted: September 9, 2002
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Bucciarelli _x_________ __________ __________ __________
Corson _x_________ __________ __________ __________
McCrosson _x_________ __________ __________ __________
Newman _x_________ __________ __________ __________
Palombo _x_________ __________ __________ __________
11. Public Hearing and Final Adoption: Ordinance 005-2002, AN ORDINANCE AMENDING ORDINANCE NO. 8-2001 ENTITLED “AN ORDINANCE ESTABLISHING SALARIES FOR THE TOWNSHIP OF UPPER FOR THE CALENDAR YEAR 2002”, OTHERWISE KNOWN AS THE SALARY ORDINANCE OF 2002. During Public Hearing there were no comments. Moved to adopt by Curtis Corson, second by Jay Newman with all five Committeemen present voting in favor.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 005-2002
AN ORDINANCE AMENDING ORDINANCE NO. 8-2001 ENTITLED
AAN ORDINANCE ESTABLISHING SALARIES FOR THE TOWNSHIP
OF UPPER FOR THE CALENDAR YEAR 2002", OTHERWISE KNOWN
AS THE SALARY ORDINANCE OF 2002.
_______________________________________________________________________
BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SECTION 1: Ordinance No. 8-2001, known as the Salary Ordinance of 2002, is hereby amended as hereinafter provided:
Section 2: Salaries.
(A) Administrative: Revenue and Finance:
Add:
Position Minimum Maximum - 2002
Computer Director None $1,500.00
(B)
Delete: None.
(C) Code Enforcement: Zoning Enforcement:
Add:
Deputy Zoning Officer None $ 550.00
Section 4: [Delete all reference to the year 2001 and substitute in place thereof A2002".]
SECTION_2: SEVERABILITY: If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.