TOWNSHIP OF UPPER

CAPE MAY COUNTY

MINUTES FOR JANUARY 13, 2003

 

REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.

 

CALL TO ORDER

 

SUNSHINE ANNOUNCEMENT

 

SALUTE TO THE FLAG

 

ROLL CALL

 

David  Bucciarelli          Present

            Curtis Corson               Present

Andrew McCrosson     Present

            John “Jay” Newman     Present

Richard Palombo          Present

 

APPROVAL OF MINUTES  - December 23, 2002 Regular and Closed Session Minutes.

Moved to approve the Minutes by David Bucciarelli, second by Andrew McCrosson with all five Committeemen voting in favor.

 

PRESENTATION

 

1.      Historical Preservation Society of Upper Township--presentation to the                   Township Committee.

 

President of the Historical Preservation Society, Ann Snyder, presented a certificate of appreciation to the Township Committee for their help in making their many projects possible. They also thanked Township employees—the engineer, Dept. of Public Works, Clerk’s Office, for their assistance throughout the year.  Many Society members were present. 

                                                             

REPORT OF GOVERNING BODY MEMBERS

 

David Bucciarelli, commented on a correspondence from NJ Dept. of Agriculture in that it reported a high infestation of Gypsy Moth egg masses in Upper Township. We are going to participate in the spray program this year.  Paul Dietrich will attend the upcoming meeting this week.

He commented on a Green Acres survey of Caldwell Park that indicated we passed their inspection with “flying colors” thanks to Township workers. 

He made a motion  to hire Andrew Heisler as a part-time Recreation Dept. worker, second by Andrew McCrosson with all five Committeemen voting in favor.  A memorializing resolution will be scheduled for next meeting’s agenda.

 

Andrew McCrosson, Jr., again congratulated Mr. Palombo on his reappointment as Mayor.  Mr. McCrosson thanked the public for giving him a 5th term in office.   

He directed everyone’s attention to the Finance report, in that December Disbursements were higher than the Receipts.  He again commented on the importance of retaining a reserve.

He reported on interviews both he and the Mayor attended this week and recommended that Jay Dilworth be hired to fill the position of Plumbing Sub-Code Inspector left vacant by the resignation of Pat Tierno.  The title pays $6,000 per year and is a part-time position.  In addition to Plumbing SubCode certification, Mr. Dilworth also holds certifications for Construction Subcode, Elevator and Electric Subcode. Moved by Andrew McCrosson, second y Richard Palombo with all five Committeemen voting in favor. Resolution will be scheduled for next meeting.

 

Curtis Corson, reported that 47.2% of our total refuse to the landfill has been recycled.  He commended the Road Department on this and on the leaf collection program, which is still ongoing.  907 tons of leaves have been collected so far this season.

He announced that Leslie “Roy” Sorenson, a long time Township employee, is going to retire on February 1st and directed that a resolution honoring him be drafted for the next meeting, moved by Curtis Corson, second by Andrew McCrosson will all five Committeemen voting in favor.

 

Jay Newman, reported that the construction of the new Rescue Squad building is moving along.   

 

Richard Palombo, Mayor directed that the first Budget meeting workshop for this year will be held on January 27, 2003 at 6:00 P.M. or after the regular meeting.

He reported that plans for the local T.V. station are moving along.  He attended a recent meeting with John Castaldi, from the CMC Technical School, and Fred Donatucci and Glen Stewart both from the Middle School.  The channel will provide local information such as weather, information about our schools and Township news and eventually will broadcast live events. It is possible it could be operational within 3 months.

 

OTHER REPORTS

 

James Waldron, Municipal Attorney, reported that he has filed a variance waiver with the NJ Dept. of Labor regarding the trash packer steps, on the premise that the truck bodies have been in existence prior to the law enactment.

 

Paul Dietrich, Municipal Engineer, reported that a notice from NJ  Env. Protection Agency has been received regarding the Butter Rd. landfill closure plan. 

Regarding the Rescue Squad’s new building, the work is slow because of the weather.  The foundation is complete and the slab will be poured this week or next. 

He discussed the Tuckahoe streetscape plan distributed at the last meeting.  There was question on whether the sidewalks were stamped concrete or pavers.  A public meeting will be held to present the plan.  The Committee asked for a lighting design to also be ready for review at the same time.

He commented on the recent meeting he attended with the Mayor regarding Conectiv’s plan to install additional power lines along Roosevelt Blvd.  The plan calls for stringing lines across the street in two places which is not desirable aesthetically.  Moved by Curtis Corson, second by David Bucciarelli to adopt a resolution at the next meeting outlining our objections and requesting they come up with a better plan.  During roll call vote all five Committeemen voted in favor.

He updated the Committee on the Tomlin property.  The progress is slow. Although Mr. Tomlin is working there steadily there is just too much for one person.  Robert Vicario, the next door neighbor, was present and commented that with Spring coming the debris would be a breeding ground for rodents and insects. If the Township does the cleanup, it will have to put a lien on the property. This item will be placed on the next agenda, however in the meantime the Clerk will attempt to get some help in the cleanup of this property.

 

RESOLUTIONS

 

  1. Authorizing the sale of Township owned property at public auction, to wit:         Block 735, Lot 23.02. 

 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                      RESOLUTION NO. 20-2003

                                                             R E S O L U T I O N

               RE:  AUTHORIZING SALE OF LANDS AT PUBLIC AUCTION, TO WIT:

                                                          BLOCK 735, LOT 23.02

__________________________________________________________________________

 

 

 

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 735, Lot 23.02

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:

                                               Block 735, Lot 23.02..............$5,500.00

 

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. 20-1-2003

Offered by:  Bucciarelli,  Seconded by:  McCrosson

Adopted: January 13, 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 735, LOT 23.02

                                                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:

(1)         The sum of $100.00 for the preparation of the Deed.

(2)         The sum of $30.00 for recording the Deed.

(3)         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. 292-1-2003, 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.

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. 292-1-2003, adopted by the Township Committee of the Township of Upper on January 13, 2003.

 

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.

 

 

  1.  Resolution to consider other forms of mass transportation specifically utilization of Cape May County railway system. 

 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                    RESOLUTION NO. 21-1-2003

                       RE: URGING THE STATE OF NEW JERSEY TO IMPLEMENT

                   FORMS OF MASS TRANSPORTATION AND SPECIFICALLY THE

                   UTILIZATION OF THE CAPE MAY COUNTY RAILWAY SYSTEM.

___________________________________________________________________________

 

WHEREAS, Cape May County has long been recognized as a favorite tourist destination, with hundreds of thousands of tourists visiting the County each year; and

WHEREAS, tourism is one of New Jersey=s most important and vital industries, which contributes tens of millions of dollars in State tax revenue each year; and

WHEREAS, to protect this vital industry and in order for tourism to continue to grow and flourish, it is imperative that the State design and build needed infrastructure, including highways, while constantly improving existing roadways, airports and other facilities necessary to support the tourist industry; and

WHEREAS, the State must also develop a mass transporta­tion system which far exceeds that which already exists; and

WHEREAS, one overlooked and neglected existing resource in Cape May County is an existing rail line which extends the entire length of Cape May County from Tuckahoe at the northerly border to the City of Cape May at the southerly border; and

WHEREAS, this rail line, once it is rehabilitated and reactivated, would ultimately prove extremely important both to Cape May County, as well as to the State of New Jersey, as part of a mass transportation system that would greatly benefit the tourist industry and all of Cape May County as well;

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 hereby expresses its support for and urges the implementation of a mass transportation system as an alternative to congested highways and as part of that system, urges the rehabilitation of the Cape May County rail line which already exists and transverses the entire County of Cape May.

3.  The Township Committee is of the further opinion that the rehabilitation of this rail line will provide positive economic and sociological benefits to all the residents of Cape May County, as well as the thousands of tourists that visit this County each year.

4.  Copies of this Resolution shall be sent to:

                                                        Governor James McGreevey

                                                      Commissioner of Transportation

                              Honorable James Fox, Former Commissioner of Transportation

                                         and Chief of Staff to Governor James McGreevey

                                                           Senator James S. Cafiero

                                                       Assemblyman Nicholas Asselta

                                                     Assemblyman Jefferson VanDrew

                                         Cape May County Board of Chosen Freeholders

                                                    Cape May County Planning Board

                                                 All Municipalities in Cape May County

                                              Cape May County Chamber of Commerce

 

5.  This Resolution shall take effect immediately.

Resolution No. 21-1-2003

Offered by:_McCrosson,    Seconded by:  Bucciarelli

Adopted: January 13, 2003

 

Roll Call Vote:

NAME                 YES           NO           ABSTAINED    ABSENT

Bucciarelli         _x_________    __________   __________   ______­____

Corson             _x_________    __________   __________   __________

McCrosson     _x_________    __________   __________   __________

Newman          _x_________    __________   __________   __________

Palombo           _x_________    __________   __________   __________

 

 

  1. Awarding of the bid for the Supply of Irrigation Materials and Installation of Irrigation Pump for Amanda’s Field, to Lee Rain, Inc. of Vineland, NJ, in the amount of $79,925.76. 

 

                                                          TOWNSHIP OF UPPER

                                                           CAPE MAY COUNTY

                                                             R E S O L U T I O N

                                                      RESOLUTION NO. 22-2003

                           RE: ACCEPTING THE BID OF AND AUTHORIZING THE

                             EXECUTION OF A CONTRACT WITH LEE RAIN, INC.

                                OF VINELAND, NEW JERSEY FOR THE PROJECT

                            KNOWN AS ASUPPLY OF IRRIGATION SUPPLIES AND

                              INSTALLATION OF WELL FOR AMANDA=S FIELD,

                                    TOWNSHIP OF UPPER, CAPE MAY COUNTY@

                                                       AT A COST OF $79,925.76.

___________________________________________________________________________

 

WHEREAS, the Township of Upper solicited bids for the furnishing of certain services, materials, labor or equipment, which bids were received on December 17, 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 Lee Rain, Inc. of Vineland, New Jersey for the project known as the ASupply Of Irrigation Supplies And Installation Of Well For Amanda=s Field, Township of Upper, Cape May County@, in the amount of $79,925.76, 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 December 23, 2002.

Resolution No. 22-1-2003

Offered by: Bucciarelli,  Seconded by: Newman

Adopted: January 13, 2003

 

Roll Call Vote:

 

NAME                         YES                 NO           ABSTAINED    ABSENT

Bucciarelli                     ____x_____    __________   __________   ______­____

Corson                         ____x_____    __________   __________   __________

McCrosson                  ____x_____    __________   __________   __________

Newman                      ____x_____    __________   __________   __________

Palombo                       ____x_____    __________   __________   __________

 

Distribution:

-Township Engineer

 

5.      School Board Recognition Month in New Jersey, January 2003.

 

                    TOWNSHIP OF UPPER

                     CAPE MAY COUNTY

                   R E S O L U T I O N

                  RESOLUTION NO. 23-2003

SCHOOL BOARD RECOGNITION MONTH

IN NEW JERSEY, JANUARY 2003

 

WHEREAS, New Jersey’s public schools serve more than 1.3 million children from Pre-Kindergarten through Grade 12; and

WHEREAS, The direction of public education in New Jersey is charted locally by individual school boards, whose 4,800 members serve as advocates for public education as they work with administrators, teachers, parents and local residents; and

WHEREAS, Boards of Education provide accountability to the public; they communicate the needs of the school district to the community; and they convey to school administrators the public’s expectations for the school district; and

WHEREAS, School Board members receive no remuneration for their services; and

WHEREAS, The Township Committee and all citizens of Upper Township are all justly proud of the academic, athletic and social achievements of the students in our community; and

WHEREAS, The National School Boards Association and the New Jersey School Boards Association have declared January 2003 to be School Board Recognition Month, a time that all residents might acknowledge the contributions made by our local school board members.

NOW, THEREFORE, BE IT RESOLVED, That the Upper Township Committee

 

does hereby commend the service of the Upper Township Board of Education and its

 

members to our community and its children; and be it further

 

RESOLVED, That the Upper Township Committee proclaims January 2003 as SCHOOL BOARD RECOGNITION MONTH in the Township of Upper and urges all citizens to join in recognizing the dedication of local school board members, past and present, as we work together to improve educational opportunities for our children.

Resolution No. 23-2003

Offered by: Corson, Seconded by: Newman

Adopted:  January 13, 2003

 

Roll Call Vote:

NAME                YES       NO          ABSTAINED   ABSENT

Bucciarelli    _x______ ­­_______     _________   ______

Corson         _x______ _______     ­­­­­_________   ______

McCrosson      _x______ _______     _________   ______

Newman         _x______ _______     _________   ______

Palombo        _x______ _______     _________   ______

 

 

ORDINANCES

 

CORRESPONDENCE

           

6.  Board of Chosen Freeholders, re: Cape May County Animal Shelter.

            The correspondence indicated a reduction in Upper Township’s share in a county wide shelter operation.  Our share, originally $53,712, was reduced to $31,680. The Committee asked to see a copy of the interlocal agreement from the County, which the County said will be sent to municipalities by 1/17/03. The Committee will continue to consider the proposal before a decision is made.      

 

7.  Tuckahoe Volunteer Fire Company, request to waive application fees incurred for land development review before the Zoning Board. 

Moved to waive both application and escrow review fees by David Bucciarelli, second by Andrew McCrosson with all five Committeemen voting in favor.

 

NEW BUSINESS

 

  1.  Offer for sale-lands of Mary Rodriguez, Block 791, lot 2, to Township of Upper.

A letter of no interest from the Township is required as part of the appeal process for the NJDEP. The lot is located on Commonwealth.   Moved by Andrew McCrosson, second by Jay Newman to send a letter of no interest.  During roll call vote all five Committeemen voting in favor.   

 

7.      Request from Marjorie Bailey Bixby, to purchase Township owned property,

Block 348, Lots 90 & 91.  The property has just been surveyed by the Township for possible other uses.  Moved by Andrew McCrosson, second by Curtis Corson to offer this property for sale with a minimum bid at assessed value plus the surveying costs already paid.  During roll call vote all five Committeemen voted in favor.  Auction date will be March 20, 2003.

 

9.  Request from James & Norma Schellinger to purchase Township owned property, Block 31, Lot 73.  Moved by Curtis Corson, second by David Bucciarelli with all five Committeemen voting in favor.  Auction date will also be advertised for March 20, 2003.

 

UNFINISHED BUSINESS:

 

  1.  Habitat for Humanity, request for gift of building lot for this program.  After much discussion about a Perry Rd. lot, it was decided that this location had too many restrictions as to septic system requirements. An alternate disposal system would be necessary which incurs increased cost and requires the Township to adopt its use by Ordinance.  This matter will be rescheduled for a later meeting date to allow time for review of lots located off of Tuckahoe Road.

 

DISCUSSION

 

  1. Contract Renewal with Computer House for technical support and maintenance. 

Computer service from this company has been very satisfactory.  Moved by Andrew McCrosson, second by Jay Newman to renew this contract for another year.  Resolution will be on next agenda.

 

12.  Municipal Attorney—Analysis of Possible Noise Ordinance.

Mr. Waldron discussed his report to the Committee dated Nov. 25, 2002.  He summarized by saying that there are three types of ordinances that can be adopted.  1. Objective standard which uses a decibel meter, certified operator and machinery; 2.  Subjective Type prohibits loud and unnecessary noise which annoys, injures or endangers the comfort, health, peace, safety of others within the municipality. 3.  the third kind attempts to measure sound without the use of a decibel meter or a trained operator. It was discussed that the only feasible type for the Township would be the second one. 

During public comment, John Canderan stated that he has been meeting with the Committee for 1+  years because his neighbor allows a band to practice in the garage.  He believes the citizens of Upper Township need a noise ordinance.

The Committee suggested he use the Public Health Nuisance Code to curtail the problem.  The Clerk will send him a copy. Moved by David Bucciarelli, second by Jay Newman to place this item on the agenda in February.  

 

PAYMENT OF BILLS:

 

            “I hereby move that all claims submitted for payment at this meeting be approved and then incorporated in full in the minutes of this meeting.”

Moved to pay the bills by Curtis Corson, second by David Bucciarelli with all five Committeemen voting in favor.

 

Bills submitted for payment                                                                                                                   $205,988.89

Payroll                                                                                                                                                                          $193,733.95

 

REPORT OF MUNICIPAL DEPARTMENTS:

 

13.   Construction Code

14.  Clerk’s Office

15.  Animal Control

16.  Tax Assessor

17.  Tax Office

18.  Finance Office

19.  Municipal Court

20.  Zoning Office

21.  Department of Public Works

The reports listed above are available for inspection in the Clerk’s Office.

 

PUBLIC COMMENT

 

Terry Flay from Petersburg asked about the costs associated with Amanda’s Field.  She questioned why the cost analysis for the well and irrigation equipment for this year was less than the accepted bid recently awarded Lee Rain, Inc. She asked about the road improvements on Rt. 50 and about a time frame as to completion.  The access road from Sunset Drive would be completed first to take the additional traffic off of Sunset as the site is being developed.  Regarding the time frame for the intersection—the Committee is willing to wait a year if the State plans to absorb the cost, over $100,000.  She requested a copy of the cost analysis for the phases of development. Mr. Dietrich will provide them when complete.

 

Sandy Simpson from Maple Shade Lane, Marmora, stated that our animal shelter is not adequate--too small, no place to quarantine sick animals, no place to meet prospective animals to adopt.  She commented on the Township paying for medical care for the animals. She asked about the proposed County Shelter and if the Township will participate.  She commented on the Atlantic County and the Ocean City Animal Shelters with both positive and negative points of each. She did say that to the credit of our Animal Control service, that animals are kept as long as they can in effort to find homes for them, as opposed to other shelters that dispose of animals after three days.  The Mayor informed her of the many meetings he and Jay Newman have had regarding this matter. He is considering adopting procedures in that all adopted animals from our shelter will leave spayed/neutered. He explained that we are unable to expand our shelter due to Wetland restrictions, and that Upper Township has always taken the responsibility to provide animal shelter services to its citizens. As far as participating in a county wide shelter--a decision has not been formalized as yet but the Committee’s concern is how best we can serve the residents of Upper Township and best care for the animals.

 

CLOSED SESSION

 

  1.   Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from                which the public shall be excluded.

 

RECONVENE PUBLIC PORTION OF MEETING

 

Motion was made by Richard Palombo, second by Andrew McCrosson to accept the report of retirement figures for Leslie “Roy” Sorenson, submitted by Patricia Dopko.  During roll call all five Committeemen voted in favor.

 

ADJOURNMENT

 

There being no further business this evening the meeting was adjourned at 11:30 P.M.  Next meeting to be January 27, 2003 at 4:00 P.M., with a Budget Workshop meeting to be at 6:00 P.M. or after the regular meeting.

 

 

                                                                                    Minutes prepared by

 

 

                                                                                    Wanda Gaglione, RMC

                                                                                    Municipal Clerk

 

 

 

 

 

 

Bill List

 01/13/03                                                                                               

  032961      01/13/03      A0004    A+ COMMERCIAL OFFICE CLEANERS                  175.00

  032962      01/13/03      A0006    ADVANCE TREADS INC                             587.46

  032963      01/13/03      A0012    ACME MARKETS INC.                               57.13

  032964      01/13/03      A0017    A.C.M. JIF C/O T. FREEDMAN                  55,291.00

  032965      01/13/03      A0023    ADAMS, JOHN                                     50.88

  032966      01/13/03      A0025    ADVANTAGE RENTAL ACE HARDWARE                  331.11

  032967      01/13/03      A0050    ALL STAR SPORT CENTER                          887.50

  032968      01/13/03      A0094    ARCH WIRELESS                                   15.60

  032969      01/13/03      A0097    ATLANTIC GOLF & TURF                           197.50

  032970      01/13/03      B0008    BAILEY, CARROLL                                 20.00

  032971      01/13/03      B0015    BELLUCCI,THOMAS J.                              70.00

  032972      01/13/03      B0026    BETTER MATERIALS CORP.                         593.66