UPPER TOWNSHIP PLANNING BOARD
REORGANIZATION MEETING MINUTES
JANUARY 22, 2009
The annual reorganization meeting was held at Township Hall, 2100 Tuckahoe Road, Petersburg, New Jersey at 6:00 p.m.
SUNSHINE ANNOUNCEMENT
FLAG SALUTE
ROLL CALL
Present: Daniel Bready, William Brown, James Kelly, Curtis Corson, Donald Kissling, Duane Terwilliger, Susan Ragan, Mayor Richard Palombo, Chair Renee Scrocca.
Absent: Gary Riordan and James Schroder.
Also in attendance were Dean Marcolongo; Board Solicitor, Stuart Wiser, Professional Planner; Shelley Lea, Board Secretary.
A motion was made by Mayor Palombo and seconded by Mr. Kelly, to nominate Renee Scrocca as Board Chair. The nominations were closed. In favor: Bready, Brown, Kelly, Corson, Kissling, Terwilliger, Ragan, Palombo.
A motion was made by Mr. Corson and seconded by Mayor Palombo, to nominate James Kelly as Vice Chair. The nominations were closed. In favor: Bready, Brown, Corson, Kissling, Terwilliger, Ragan, Palombo, Scrocca.
JAMES KELLY ELECTED VICE CHAIR FOR 2009
A motion was made by Mr. Kelly and seconded by Mr. Terwilliger, to nominate Dean Marcolongo as Board Solicitor. The nominations were closed. In favor: Bready, Brown, Kelly, Corson, Kissling, Terwilliger, Ragan, Palombo, Scrocca.
A motion was made by Mr. Kelly and seconded by Mr. Kissling, to nominate Paul Dietrich as Board Engineer. The nominations were closed. In favor: Bready, Brown, Kelly, Corson, Kissling, Terwilliger, Ragan, Palombo, Scrocca.
A motion was made by Mr. Kelly and seconded by Mr. Brown, to nominate Shelley Lea as Board Secretary. The nominations were closed. In favor: Brown, Bready, Kelly, Corson, Kissling, Terwilliger, Ragan, Palombo, and Scrocca.
SHELLEY LEA ELECTED BOARD SECRETARY FOR 2009
A motion was made by Mr. Kelly and seconded by Mr. Kissling to utilize the Atlantic City Press and the Ocean City Sentinel Ledger as the official newspaper for 2009. In favor: Bready, Brown, Kelly, Corson, Kissling, Terwilliger, Ragan, Palombo, Scrocca.
A motion to approve the minutes was made by Mr. Kelly and seconded by Mr. Kissling, and approved. Abstain: Ragan.
A motion to adopt the resolution was made by Mr. Kelly, seconded by Mr. Terwilliger, and approved.
Mary Darcy Bittner invited Edward Tettemer to read a statement to the Board.
Mr. Tettemer of 26 Sherman Avenue, Strathmere, New Jersey is the owner of 2 properties in Strathmere. He is a member of the Strathmere Volunteer Fire Company, Fishing and Environmental Club, Strathmere Improvement Association and Citizens for Strathmere and Whale Beach.
Mr. Tettemer read his statement that states it has been 20 months since the members of Citizens for Strathmere and Whale Beach had signed a petition requesting permission to leave Upper Township and nearly 12 months of meetings.
He feels the residents have come to the conclusion that deannexation is right, justified and undeniably essential to the public welfare of every Upper Township resident. He feels they have built a record proving that the Upper Township, a mainland government, can’t possibly meet its responsibilities within its coastal community as well as another coastal community can. He feels the residents have made an undeniable record based on the following 4 pillars of municipal accountability, (1) police and public safety (2) well designed and well maintained infrastructure and public services, (3) beach and waterfront management, (4) fiscal responsibility.
Mr. Tettemer feels it is common sense that a police force dedicated to a coastal community that is already in place only 1 mile down the road is clearly a more effective solution than the State Police that patrol as far as 20 to 30 minutes away. He feels the Board should recognize the residents on the mainland would be safer and more secure
when the limited police protection is no longer watered down by the geographic challenge posed by Strathmere and Whale Beach.
He read that infrastructure and capital projects are the great priorities of a municipality that does not have police officers or fire fighters on its payroll. Upper Township has counted on reimbursements from the State to fund the reactive repairs and replenishments to the infrastructure. It appears that waiting till the last minute to respond to crises have been a strategic mainstay for Upper Township.
Mr. Tettemer discussed the blizzard of 2003 when Strathmere remained unplowed
and dangerously inaccessible for more than 60 hours.
He read that the Master Plan contains a blank page where Strathmere capital projects should be listed. He feels that Upper Township ignored the population of Strathmere as reported by the US Census Bureau. He sated that even the local newspaper, the UT Gazette, distinguishes Strathmere from Upper Township.
He suggests there is a history of leaving the beach unmanaged to federal standards and that FEMA wants little to do with Strathmere’s current and future emergencies. During a meeting on May 27, 2008 the Township Engineer dismissed requests by Strathmere residents to consider rebuilding the dilapidated timber groin system at the north end since it was too costly and there was too much red tape attached. The owners of 6 properties on the north end are now out more than $100,000.00 each for the construction of a steel bulkhead.
He stated that it wasn’t that long ago that the Upper Township Committee asked Sea Isle City to take Strathmere and Whale Beach at no charge. The fact that Strathmere is in Upper Township is due to a strange historical accident. Strathmere was purchased from Sea Isle City in 1905 for reasons that are unclear today. He feels the deannexation makes sense for people on both sides of the bay.
He believes that Strathmere and Whale Beach are now invaluable due to the ratables. It has been 20 months since Dr. Farrell warned of the consensus due to the lack of beach replenishment or attention to altering the destructive tidal channels in Corson’s Inlet. Throughout the proceedings there have been allusions to the possibility that federal disaster dollars will not be available to Upper Township due to its refusal to manage the beaches up to federal standards.
Mr. Tettemer stated that deannexation simply makes sense for everyone not just Strathmere. The most appropriate reasons for deannexation are issues based on public safety and quality of life. Some look at the increase in school taxes as simply returning to the approximate rate of taxation paid prior to the incompetent property revaluations that jarred the Township in 2006. What remains unresolved after all these months is the question about State adjustment paid to Upper Township for its fair share of the school budget. The only independent analysis of the numbers based on actual State law
concludes the State will adjust its aid payments to Upper Township in as little as 3 years from Strathmere’s departure. He discussed the independent analysis their professional prepared and added that Trenton and the Board refuse to do an analysis themselves.
His statement discussed the Township hiring Frank Corrodo, Esquire, to represent them for $20,000.00 and the court order that determined his participation in the hearings to be inappropriate.
He asked if anyone asked the residents of Upper Township if they are willing to pay the legal bills for the next couple years if this matter is denied and ends up at the Supreme Court. He stated that Strathmerians are determined, well funded, and willing to settle for nothing else but the absolute victory they deserve.
Mr. Tettemer remembered Elizabeth Bergus, resident of Strathmere, indicating that a plaque honoring her memory and her service to Strathmere and Upper Township is on a bench in the court room where she sat at every meeting. Mrs. Bergus was a member of the zoning board and emergency management committee. A gentleman from Marmora replaced her on the zoning board and a man from Tuckahoe replaced her as Deputy Director of Upper Township Emergency Management. Upper Township maintains a position with the title beach inspector. Roy Evans has had this title since 1964 and he lives in Pitnam, New Jersey. Except for the Strathmere Fire Chief who is also a member of the Emergency Management Committee, Strathmere is unrepresentated on the committees and boards. There is one Strathmere resident and business owner who normally sits on the planning board but for reasons that remain unclear he is not participating in what could be the most historic decision the Board will ever make.
Mr. Tettemer believes that Strathmere suffers from mismanagement and taxation without representation. This is why Strathmerians have worked so hard on behalf of the deannexation cause. The mainland residents have voiced little opposition. No one testified as to the harm that the deannexation might inflict to the Township.
Mr. Tettemer concluded by stating that the Citizens of Strathmere and Whale Beach have made an argument that more than meets the legal standards of the current statutes. They are confident it will withstand the rigorous scrutiny of the New Jersey judicial process. He thanked the Board for their time and consideration.
Stuart B. Wiser, Licensed Professional Planner, employed by Remington, Vernick & Walberg Engineers, was sworn. He handed out a Report of Findings Petition for De-Annexation Strathmere & Whale Beach. The report was marked Exhibit PB-1. He also gave a power point presentation as part of his testimony. The report dated January 22, 2009 summarizes everything that has been heard during the year.
Mr. Wisers’ report reviews the process to date and the law. It also contains economic impact charts that discuss testimony given pro deannexation and anti deannexation. He
reviewed comments made by both the Citizens for Strathmere and Whale Beach and the residents of the mainland.
Mr. Wiser stated that today’s newspaper mentions that Upper Township received 8 million dollars for beach replenishment, which is much more than thought to be available. The newspaper article was marked PB02. He does not believe the evidence supports the comment that the Township does not spend any money unless absolutely necessary. He discussed the fact that the Township uses DOC inmates for beach projects and that the Township is reimbursed for tipping fees for trash picked up.
Mr. Wiser discussed statistics on the economic impact and revaluation. The revaluation shifted 2 million dollars in taxes from the mainland to Strathmere. Strathmere now pays $4,199,729 in taxes and the mainland $20,771,021. Strathmere is 4% of the Township budget and 17% of the Township ratables. He reviewed the testimony of Robert Swartz and Leon Costello and Mike Garcia. He feels that no one in Trenton could project right now what the State Aid would be in the future. A quick chart was done using the assessed value to show the annual tax increase on the mainland with and without Strathmere.
Mr. Wiser’s report also discussed non-financial school issues. A copy of an article from the AC Press, dated January 15, 2009, indicates that Sea Isle City is looking to send their kids to Ocean City. The article was marked as Exhibit PB-03.
Another item in the report is Beach Issues. Mr. Stuart highlighted some of the comments made during the 14 meetings. Upper Township has Dr. Farrell, a recognized expert in the field. He was surprised to hear that Sea Isle City Director of Public Works has not been to the beach to check the condition of the beach or snow fence. He stated there has been a lot of confusion as to when FEMA will rebuild a beach. FEMA will not fund if not considered to be an engineered beach. Sea Isle City is not an engineered beach. He discussed some of the comments made by Dr. Farrell during his testimony.
Mr. Wiser testified that the stone revetment and steel bulkhead function as the hardened sea wall requested at the first hearing. The bulkhead was an emergency authorization from DEP and the revetment was a separate emergency authorization.
Mr. Wiser discussed the trash corrals, poison ivy on the steps to the beach and the complaint in regards to constant trash on the beach. He reviewed the comments regarding the Township not raking the beach.
The long discussions concerning the type and maintenance of snow fence is included in the report. Also included are the comments by Mr. Gaffney and Mr. Dietrich regarding beach maintenance. Mr. Wiser reviewed other related topics such as geo tubes and the Mothers Day Storm of 2008.
There was a 5-minute break at this time.
Mr. Wiser continued reviewing his report. He discussed Planning Issues. This section of the report discusses the comments in regards to the Master Plan not including Strathmere. He finds these comments to be incorrect. He submitted a document stating what is a census-designated place along with a map showing the population of Upper Township to
be 12,115. The map shows each of the towns and the population of the town. Mr. Marcolongo marked a 2-page document as Exhibit PB-4.
Bach Associates has prepared a report and concluded that Strathmere should be permitted to deannex since there are distinct physical and cultural characteristics in Strathmere as opposed to the balance of the Township. Mr. Wiser agrees that Strathmere is unique and is an asset and amenity to the Township. He sees no reason why Upper Township could not manage the Ludlam Island section of the Township appropriately. The Township and Sea Isle City have both filed for plan endorsement with the DCA. A copy of a letter from the Department of Community Affairs, dated 11/13/07 indicates that Sea Isle City’s plan was rejected while Upper Township’s plan endorsement was approved. A copy of the correspondence was marked as PB-5. Upper originally created its Master Plan with an eye towards the Centers Designation which is why there are large sections of the plan focused on the centers in Marmora and Seaville. Strathmere could not be included as a center because of the lack of sewers.
Mr. Wiser discussed the plan submitted by Bach Associates. He feels their plan fails to undertake a fiscal analysis of what deannexation would mean and deemed it not relevant to focus on fiscal impacts. He stated that the Bach report does not discuss any of the financial issues. He further stated there is no data to back up the statement that the ratable base will be balanced with 4 centers which was indicated by Bach. He also disagrees with the comment regarding school funding since without Strathmere there is a loss of school funding.
Mr. Wiser discussed the next topic in his report titled Drainage/Flooding Issues. He disagrees with the comments that Upper Township did nothing after the 1962 storm. There was a beach fill in 1964 and in 1967 the Township Engineer signed off on timber bulkhead plans. The bulkhead is still there today.
Mr. Wiser addressed the comments that water backs up on the street and floods and then freezes in the winter. The Township Engineer has stated that Strathmere is a narrow isolated geographic area of land in addition to Strathmere being a barrier island. The Sea Isle City Police Lieutenant testified that flooding also occurs there.
Mr. Wiser stated that the Township Engineer testified that each storm basin in Strathmere is cleaned and inspected at least once a year. They are usually done 3 to 4 times a year along with the street sweeper.
He discussed the 2008 Mothers Day Storm and the 2003 Presidents Day Snow Storm.
Mr. Wiser went on to review the next topic titled Police Issues. This section highlights on comments made by Lt Watkins of the NJ State Police in response to accusations about inadequate police protection among others. The testimony of Mr. Kirchenbaum and Mr. Fallon as well as the residents are also included. He reviewed the response times given for Sea Isle City Police and the State Police.
The next topic in Mr. Wiser’s report addresses Fire Issues. Both Strathmere and Sea Isle have a 100% volunteer fire company.
EMS Issues were discussed. This portion addresses a fatal incident in 1988 when Sea Isle City was dispatcher and also responded to the situation.
The Lifeguard Issues were discussed. Requests have been made for more lifeguard stations and coverage.
Mr. Wiser discussed Quality of Life Issues in the report. This includes the lack of street lighting and the condition of the bridge, which the Township has no control over. He stated that the mainland experiences problems with the campgrounds and the Beesleys Point Bridge. Other topics under this section involved fireworks, beach curfew and trash pick up.
Mr. Wiser discussed recreation provided in Strathmere and on the mainland. There is 1 tot lot in Strathmere and a 1.3-mile long beach. It seemed to be agreed that the waterfront in Strathmere is a precious resource and the entire Township would be harmed if that resource were removed from the Township.
Mr. Wiser discussed the boat ramp in Beesleys Point and Strathmere. He discussed complaints about the Deauville in regards to the music and outdoor activities. There were other complaints about parking enforcement problems. He stated that the concerns in regards to the senior center and activities for the aging year old population would not change since the residents of Strathmere are accepted by Sea Isle City. The last items addressed in the Quality of Life Issues were individual’s reasons for not wanting the deannexation and that the mainland would be robbed of this amenity if deannexation were approved.
The Board agreed to continue Mr. Wiser’s report at the regular meeting on February 19, 2009. The Board will hear one application prior to the Strathmere Deannexation matter. Strathmere will be heard from 6:30 p.m. until 9:30 p.m.
A motion to approve the bills was made by Mr. Corson, seconded by Mr. Kelly, and approved.
The meeting was adjourned at 8:55 p.m.
Submitted by,