Docstoc

township_of_upper_minutes_05-09-2005

Document Sample
township_of_upper_minutes_05-09-2005 Powered By Docstoc
					TOWNSHIP OF UPPER CAPE MAY COUNTY MINUTES FOR MAY 9, 2005 REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M. CALL TO ORDER SUNSHINE ANNOUNCEMENT SALUTE TO THE FLAG ROLL CALL Barbara Camp Curtis Corson Andrew McCrosson John “Jay” Newman Richard Palombo Present Present Present Present Present

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich. Mayor Palombo asked for a moment of silence to remember our County Clerk Angela Pulvino who passed away this week. April 11 & 25, 2005 Regular Meeting and Closed Session Minutes Motion to approve the Minutes by Curtis Corson, second by Jay Newman with all five Committee members present voting in the affirmative. REPORT OF GOVERNING BODY MEMBERS Barbara Camp, discussed Assembly Bill 3805 which would require a criminal background check for everyone doing Registrar work. She reported that a check in the amount of $2409.42 was received from the Estate of Annie Porter, a lifelong resident of Tuckahoe. The check was presented to Cheryl Alessendrine, Director of Beacon Animal Rescue. She was recognized for the fine work of that organization. Andrew McCrosson, reported that the 2005 Budget was adopted at the last meeting and discussed the Chapter 159 resolutions on the agenda, which are funds received that were not anticipated when the Budget was prepared. He discussed the Finance Report in that the year to date disbursements through April 30th totaled $9.9 million yet our April receipts only totaled $8.5 million. We receive about $6.6 million is Gross Energy Receipts but do not begin to receive that money until at least July with the last disbursement in December. That APPROVAL OF MINUTES -

1

is why we are so concerned with our surplus so that we can operate our government without borrowing money for our day-to-day operations. Jay Newman, discussed the opening of the Beesley’s Point Bridge which is listed on the agenda this evening. Reopening the bridge is essential to the well being and safety of the citizens of this municipality. He reported that he attended a serious accident on the G.S. Parkway Bridge today and access to the victims was hampered because of the bridge being closed. Traffic on Roosevelt Boulevard and the Parkway was at a stand still. Mr. McCrosson commented that the 34th Street Bridge is also being worked on which just adds to the situation. The Mayor reported that Legislators seem confident in talking with the State Dept. of Transportation that the Bridge could be opened by Memorial Day, however that is conflicted by personal reports from owners of the Bridge. He explained that this matter becomes a legal issue because the bridge is privately owned and makes it impossible to put any kind of force behind a reopening. Mr. Young reported that the Bridge Company has filed tax appeals and in his conversations with the attorney for the owner when asked point blank about reopening the bridge, the answer was no it would not be opened, not without huge infusion of aid. He has not seen any documents to that affect. Richard Palombo, Mayor, reported on the B. L. England plant closing. The Committee is continuing discussion with our special council. He reported that Atlantic City Electric is looking for an outside purchase of the plant. He reminded everyone that Fort Nuwi was holding their annual resanding and clean-up of the playground and invited volunteers to attend this event. OTHER REPORTS Paul Dietrich, reported on correspondence from Remington & Vernick discussing recent legislation and requested that it be added to our Street Opening Permit requirements. The State passed a new law requiring that notice be given to municipalities if an ordinance is adopted that involves work with above ground utility poles. He thought it was very important to the Roosevelt Blvd. project where Conectiv has completed their work but that there are still poles which carry other utility lines. Having an ordinance requiring their removal after their services are off the poles and they are out of service could speed up their removal. Including this requirement in our Street Opening Permit is important because the law allows for penalties to the utility companies if they don’t comply and restore the site by removing the poles within a 90 day period. PRESENTATION 1. Honoring Jason A. Seyler on attaining the designation of “Eagle Scout”. Eagle Scout Jason A. Seyler was present along with his father and friends. The Committee congratulated him and presented a laminated copy of his resolution. RESOLUTIONS 2. Honoring James A. Hartman on attaining the designation of “Eagle Scout”.

2

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 094-2005 RE: HONORING JAMES ARNOLD HARTMAN ON ATTAINING THE DESIGNATION OF "EAGLE SCOUT" ___________________________________________________________ WHEREAS, JAMES ARNOLD HARTMAN, a resident of Upper Township, has recently achieved the designation of Eagle Scout in the Boy Scouts of America; and WHEREAS, the Township of Upper wishes to acknowledge this outstanding accomplishment; and NOW, THEREFORE, BE IT RESOLVED by the Township

Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: RESOLVED THAT this Township Committee extends its sincere congratulations to James on the occasion of his

receiving the designation of Eagle Scout and commends him for his outstanding accomplishment; and it is FURTHER RESOLVED that the Township Committee extends its congratulations and best wishes to James’ parents, family and friends on this happy occasion; and it is FURTHER RESOLVED that the Township Committee also extends its congratulations and appreciation to the Scout

Masters and others who give so freely and generously of their time for the benefit of our youth.

3

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 9th day of May, 2005. Resolution No. 094-2005 Offered by: Corson, Adopted: May 9, 2005 Roll Call Vote: NAME YES Camp ___x_____ Corson ___x_____ McCrosson ___x_____ Newman ___x_____ Palombo ___x_____ Seconded by: Newman NO ________ ________ ________ ________ ________ ABSTAINED __________ __________ __________ __________ __________ ABSENT __________ __________ __________ __________ __________

3. A Resolution congratulating the Upper Township Varsity Cheerleading Team on their success at the Americheer International Cheerleading Competition
TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 095-2005 RE: A RESOLUTION CONGRATULATING THE UPPER TOWNSHIP VARSITY CHEERLEADING TEAM ON THEIR SUCCESS AT THE AMERICHEER INTERNATIONAL CHEERLEADING COMPETITION WHEREAS, the Upper Township Varsity Cheerleading Team has had an outstanding cheerleading competition season; and WHEREAS, they recently participated in the Americheer

International Cheerleading Competition in Disney’s Wide World of Sports Complex in Orlando, Florida, receiving first place in the 9th grade and under division and named Grand Champions of the

Junior/Recreation and School Divisions; and WHEREAS, it is appropriate that on behalf of the citizens of Upper Township we recognize and congratulate the cheerleaders listed as follows:

4

Kaitlyn Brooks Lauren Harris Gabrielle Jacobs Ryan Payne Chelsea Sneathen Emily Willson

Sarah Burnett Amy DeLuce Alexandra Diaz Jaime Hartley Joanna Heston Stephanie Jackson Gina Karrasch Caroline Kelly Katie Kelly Emily McSorley Ashley Miller Stephanie Roloff Heather Terwilliger Amanda Tibbitts Brooke Wilson Megan Wodesky

WHEREAS, we also extend this recognition and thanks to the people that have generously given their personal time and service to coach this team; NOW, THEREFORE, BE IT RESOLVED by the Township Committee on behalf of the citizens of the Township of Upper, to extend to the Upper Township Varsity Cheerleading Team congratulations on their success in competing at the Americheer International Cheerleading Competition, and to each coach heartfelt thanks and gratitude for the generous donation of their time and service to the young people of this community. GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 9th day of May, 2005. Resolution No. 095-2005 Offered by: Newman, Adopted: May 9, 2005 Seconded by: Camp

Roll Call Vote: NAME YES Camp ___x_____ Corson ___x_____ McCrosson ___x_____ Newman ___x_____ Palombo ____x______ 4.

NO _________ _________ _________ _________ ___________

ABSTAINED _________ _________ _________ _________ ___________

ABSENT _______ _______ _______ _______ _________

Appointing the 2005 Season Beach Patrol Personnel. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 096-2005

5

RE: APPOINTING THE 2005 SEASON BEACH PATROL PERSONNEL ___________________________________________________________ WHEREAS, the individuals hereinafter named have been determined to possess the requisite skills, training and are otherwise eligible for appointment to the position of

lifeguard; and NOW, THEREFORE, BE IT RESOLVED by the Township

Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated herein by this reference. 2. The following individuals are appointed as

lifeguards in the Township of Upper at a salary as stated below in accordance with the Salary Ordinance:
WILLIAM HANDELY CAPTAIN $18.75 per hour

LIEUTENANTS GREG VAN GILDER $13.40 per hour JASON MARSHALL $13.40 per hour MICHAEL MANNING $13.40 per hour RETURNING GUARDS STEVE BANIEWICZ $10.00 BRENDA BRINEY $10.00 EMILY BUHLER $11.00 JENNIFER CALLAHAN $10.70 JIMMY DUGAN $10.00 JIMMY GIBBONS $11.00 GREGORY HUGHES JR. $10.70 KATELYN KENNY $11.00 JOE LaROSA, JR. $11.00 JOE LaROSA, III $12.00 JOE LACOVARA-SWITZER $10.70 JONATHAN MRUZ $11.00 WAYNE Mac MURRAY $11.00 JACK O'HARA $11.00 JON O’NEIL $11.00

per per per per per per per per per per per per per per per

hour hour hour hour hour hour hour hour hour hour hour hour hour hour hour

6

JOSEPH O’NEIL MATTHEW PALOMBO SPENCER POPESON BRIAN RIORDAN ROCKEY SCHUYLAR BRIG SEAVER WILLIAM STULL RODNEY TICE ANDREW TOBIASON AMY TOWNSEND CHARLES HORNER THOMAS McCANN, JR. THOMAS P. McCANN DAVID HOLLINGER EVAMARIE GUERRIERI

$11.00 per hour $12.00 per hour $11.00 per hour $10.70 per hour $11.00 per hour $11.00 per hour $12.00 per hour $11.00 per hour $10.00 per hour $10.00 per hour $11.00 per hour $10.00 per hour $11.00 per hour $10.00 per hour $11.00 per hour

3.

This Resolution shall be effective immediately and

is further intended to ratify, confirm and approve any formal action taken by the Township Committee. Resolution No. 096-2005 Offered by: McCrosson, Adopted: May 9, 2005 Roll Call Vote: NAME YES Camp __x______ Corson __x______ McCrosson __x______ Newman __x______ Palombo _________ Seconded by: Camp NO _________ _________ _________ _________ _________ ABSTAINED _________ _________ _________ _________ ____x____ ABSENT ________ ________ ________ ________ ________

5. Appointment of Kegan Harris and Jeremy Grant as Seasonal Laborers to Dept. of Public Works. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 097-2005 RE: APPOINTMENT OF JEREMY GRANT AND KEGAN HARRIS AS SEASONAL LABORERS TO THE UPPER TOWNSHIP DEPARTMENT OF PUBLIC WORKS

7

WHEREAS, a personnel as

need

exists

to to

appoint the Upper

qualified Township

seasonal

laborers

Department of Public Works to insure optimal operation; and WHEREAS, a recommendation has been made to the

Township Committee and duly considered at the meeting of April 25, 2005; and WHEREAS, this Resolution is intended to ratify the action heretofore taken; 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. Jeremy Grant and Kegan Harris are hereby

appointed in a seasonal laborer position effective immediately at a rate of $9.75 per hour in accordance with the Salary Ordinance. 3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 25, 2005 Resolution No. 097-2005 Offered by: Corson, Seconded by: McCrosson Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED Camp ____x_____ __________ __________ Corson ____x_____ __________ __________

ABSENT _________ _________

8

McCrosson Newman Palombo

____x_____ ____x_____ ____x______

__________ __________ __________

__________ __________ __________

_________ _________ _________

6. Appointment of Steven Endicott as Laborer to the Department of Recreation. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 098-2005 RE: APPOINTMENT STEVEN ENDICOTT AS LABORER TO THE UPPER TOWNSHIP DEPARTMENT OF RECREATION WHEREAS, a need exists to appoint qualified

personnel to the Upper Township Department of Recreation to insure optimal operation; and WHEREAS, this Resolution is intended to ratify the action heretofore taken; and NOW, THEREFORE, BE IT RESOLVED by the Township

Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated

herein by this reference. 2. laborer Steven Endicott is hereby 25, 2005 appointed at a in a of

position

effective

April

salary

$35,328.00 and at the completion of the probationary period, his annual salary will be $38,328.00 in accordance with the Salary Ordinance. 3. This Resolution ratifies, confirms and approves

action taken by the Township Committee.

9

Resolution No. 098-2005 Offered by: Newman, Seconded by: Adopted: May 9, 2005 NAME YES NO Camp ____x____ ________ Corson ____x____ ________ McCrosson ____x____ ________ Newman ____x____ ________ Palombo ____x____ ________

Palombo ABSTAINED __________ __________ __________ __________ __________ ABSENT __________ __________ __________ __________ __________

7. Appointment of Mark Stainthorpe as a part-time seasonal employee to the Department of Recreation. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO.099-2005 RE: APPOINTMENT OF MARK STAINTHORPE AS A PART-TIME SEASONAL EMPLOYEE TO THE UPPER TOWNSHIP RECREATION DEPARTMENT WHEREAS, a personnel as a need exists employee to to appoint the Upper qualified Township

part-time

Recreation Department to insure optimal operation; and WHEREAS, a recommendation has been made to the

Township Committee and duly considered at the meeting of April 25, 2005; and WHEREAS, this Resolution is intended to ratify the action heretofore taken; and NOW, THEREFORE, BE IT RESOLVED by the Township

Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated

herein by this reference. 10

2.

Mark Stainthorpe is hereby appointed in a part-

time seasonal position effective immediately at a salary of $9.75 per hour in accordance with the Salary Ordinance. 4. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of April 25, 2005. Resolution No. 099-2005 Offered by: Newman, Seconded by: McCrosson Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ____x___ _________ __________ __________ Corson ____x___ __________ __________ __________ McCrosson ____x___ __________ __________ __________ Newman ____x___ __________ __________ __________ Palombo ____x___ __________ __________ __________ 8. Purchase of Beach Patrol vehicle from State Contract and authorizing additional access equipment at the Township Hall.

TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 100-2005 RE: PURCHASE OF BEACH PATROL VEHICLE FROM STATE CONTRACT AND AUTHORIZING ADDITIONAL ACCESS EQUIPMENT AT THE TOWNSHIP HALL _________________________________________________________________ WHEREAS, the Township of Upper avails itself of the right to purchase materials, supplies and equipment either under contracts for each, entered into on behalf of the State of New Jersey by the Division of Purchase and Property in the

Department of the Treasury pursuant to N.J.S.A. 40A:11-12, or as contract for goods and services and;

11

WHEREAS, it is necessary to obtain materials, supplies and equipment under such contract or contracts; 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 State Contract

for the purchase of an Ford F-150 from Princeton Nassau for use by the Upper Township Beach Patrol at a cost of $17,970.00. 3. The Township hereby authorizes the installation of additional access

equipment at the Township Hall from Schuler Security Company in the amount of $5600. 4 The Vendors shall provide all warranties and manuals applicable to

said products and provide same at or before the time of delivery. 5. The Chief Financial Officer has certified the availability of funds and is hereby authorized, directed and empowered to issue a Purchase Order to the vendors in the amounts authorized in this Resolution. 6. The contractors have registered with the State of New Jersey pursuant to c.57, Laws of 2004 and have provided proof of that registration to the Township of Upper. 7. This Resolution ratifies and confirms the action taken by the Township

Committee at its regular meeting held on April 25, 2005. Resolution No. 100-2005 Offered by: McCrosson, Seconded by: Palombo Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ____x_______ __________ __________ __________ Corson ____x_______ __________ __________ __________ McCrosson ____x_______ __________ __________ __________ Newman ____x_______ __________ __________ __________ 12

Palombo

____x_______

__________ __________ __________

9. Endorsement of an amendment to the Upper Township Wastewater Management Plan and Cape May County Water Quality Management Plan/Wastewater Management Plan (208 Plan).
TOWNSHIP OF UPPER CAPE MAY COUNTY

RESOLUTION
RESOLUTION NO. 101-2005

RE: ENDORSEMENT OF AN AMENDMENT TO THE UPPER TOWNSHIP WASTEWATER MANAGEMENT PLAN AND CAPE MAY COUNTY WATER QUALITY MANAGEMENT PLAN/WASTEWATER MANAGEMENT PLAN (208)
WHEREAS, Scarborough Properties is requesting the Township of Upper endorsing an amendment to the Upper Township Wastewater Management Plan and Cape May County Water Quality Management Plan/ Wastewater Management Plan (208 Plan); and WHEREAS, Scarborough Properties is proposing to construct a 136,000 SF shopping facility which will include up to five retail and fast food restaurant establishments on Block 651 Lots 1-5, 10, 11 & 16 and Block 653.01 Lots 1 & 5 in the Marmora Section of Upper Township; and WHEREAS, these proposed commercial units will have an anticipated sewage flow of 14,210 gallons per day utilizing the wastewater flow criteria of N.J.A.C. 7:14a23.3; and WHEREAS, a hydraulic evaluation of this property for the proposed development was completed by Mid-Atlantic Geosciences, LLC (Exhibit A) has concluded that the site could support up to 15,000 gallons per day of wastewater flow; and WHEREAS, Scarborough Properties has applied to the New Jersey Department of Environmental Protection for a amendment to the Cape May County Water Quality Management Plan/ Wastewater Management Plan (208 Plan) (Exhibit B); 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:

13

1.

The allegations of the preamble are incorporated herein by this reference.

2.

The Township Committee finds that the proposed project will benefit the Township and there is the need for such a facility in Marmora. 3. The project site can support the proposed wastewater flow. The Township Committee recommends that the County of Cape May and the New Jersey Department of Environmental Protection approve the amendment to the Cape May County Water Quality Management Plan/ Wastewater Management Plan (208 Plan) for a sewage flow of 14,210 gallons.

4.

Resolution No. 101-2005 Offered by: Corson, Second by: McCrosson Adopted: May 9, 2005

Roll Call Vote: NAME YES Camp ___x_______ Corson ___x_______ McCrosson ___x_______ Newman ___x_______ Palombo ___x_______

NO ABSTAINED __________ __________ __________ __________ __________ __________ __________ __________ __________ __________

ABSENT __________ __________ __________ __________ __________

10. Authorizing reimbursement of the reasonable cost of solid waste collection to Osprey Point Condominium association.
TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 102-2005 RE: AUTHORIZING REIMBURSEMENT OF THE REASONABLE COST OF SOLID WASTE COLLECTION TO OSPREY POINT CONDOMINIUM ASSOCIATION ____________________________________________________________________ WHEREAS, pursuant to Upper Township Code Section 24-

1.11e, the Township of Upper has the option, in lieu of Township solid waste collection, to reimburse the owner of a multi-family housing development for the reasonable cost of collection by a

private waste hauler; and

14

WHEREAS,

Osprey

Point

Condominium

Association

has

requested that the Township consider reimbursing said condominium association for the reasonable cost of solid waste collection for this facility; and WHEREAS, the Township Committee has considered this

matter and has determined it is in the best interest of the Township economically to reimburse Osprey Point Condominium Association for the reasonable cost of solid waste collection at their facility; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated

herein by this reference. 2. The Township of Upper shall reimburse Osprey Point Condominium Association for the reasonable cost of solid waste

collection at said condominium facility. The reasonable cost for private waste to collection be the at Osprey of $9.69 Point per Condominium occupied is hereby of the

determined

sum

unit

condominium, not to exceed the total sum of $1,200.00 per month for all 149 units or the actual cost paid by the condominium association for said private collection, whichever is less. 3. The Township shall reimburse said reasonable cost of collection by payment to the condominium association on a semiannual basis as set forth in Upper Township Code Section 24-1.11e. The initial six month payment shall cover the period from March 2005 thru August 2005.

15

4.

All

Township

officials

and

officers

are

hereby

authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this

Resolution. Resolution No. 102-2005 Offered by: McCrosson, Adopted: May 9, 2005 Roll Call Vote: NAME YES Camp x Corson _ McCrosson x Newman x Palombo x Seconded by: Camp NO ABSTAINED x ABSENT

11. Requesting installation of Fire Safety Equipment Warning Lights on Route 662, Route 631 and Roosevelt Boulevard.
TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 103-2005 RE: REQUESTING INSTALLATION OF FIRE SAFETY EQUIPMENT WARNING LIGHTS ON ROUTE 662, ROUTE 631 AND ROOSEVELT BOULEVARD ____________________________________________________________________ WHEREAS, fire safety equipment warning lights were

removed from Cape May County Route 662 approximately two years ago when said road was resurfaced; and WHEREAS, despite prior requests by the Township

Committee, said warning lights have not been replaced; and WHEREAS, fire safety equipment warnings lights are

necessary for traffic safety reasons on the roads surrounding the Marmora Fire Company firehouse; and WHEREAS, the Township Committee wishes to express its concern to the Cape May County Board of Chosen Freeholders and

16

request the installation of fire safety equipment warning lights at County Route 662, County Route 631 and Roosevelt Boulevard. 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. installation The of Township safety Committee equipment hereby warning requests lights at the the

fire

following locations: a. On County Route 662 in front of the Upper

Township Elementary School. b. C. On County Route 631 at Burning Tree Lane. On Roosevelt Boulevard between Stagecoach Road and Route 9. 3. A copy of this Resolution shall be forwarded to the Cape May County Board of Chosen Freeholders. 4. All Township officials and officers are hereby

authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this

Resolution. Resolution No. 103-2005 Offered by: Newman, Seconded by: Camp Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED Camp x Corson x McCrosson x Newman x Palombo x _______

ABSENT

17

12. Urging the reopening of the Beesley’s Point Bridge prior to Memorial Day 2005. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 104-2005 RE: URGING THE REOPENING OF THE BEESLEY’S POINT BRIDGE PRIOR TO MEMORIAL DAY 2005 ______________________________________________________________ WHEREAS, the Beesley s Point Bridge is located

between Upper Township and Somers Point, connecting Atlantic County and Cape May County, New Jersey; and WHEREAS, the Beesley s Point Bridge connects New

Jersey Highway Route 9; and WHEREAS, the Beesley s Point Bridge has served in this capacity as a connection since 1927; WHEREAS, owned by the Beesley’s Point Bridge is privately has the

Beesley’s

Point

Bridge

Company

which

responsibility to operate the bridge for the continued flow of vehicular or marine traffic; and WHEREAS, failure to reopen the Beesley s Point

Bridge has significantly impacted the ability of emergency response vehicles to travel between the northern section of Cape May County and the southern section of Atlantic County; and

18

WHEREAS, the closing of the Beesley s Point Bridge has significantly impacted the ability of the residents of the northern section of Upper Township to reach Shore Memorial Hospital in Somers Point in the event of an emergency; and WHEREAS, closing the Beesley s Point Bridge is a

hardship to the citizens who use this bridge to travel between the connection places; and WHEREAS, the closing of the Beesley s Point Bridge has resulted in serious transportation problems between

southern Atlantic County and northern Cape May County, and will drastically worsen in light of the fact that the

9th Street Causeway into Ocean City is scheduled to be closed for reconstruction in the near future leaving the only access to Ocean City from the mainland at Roosevelt Boulevard in Upper Township; and WHEREAS, if the Beesley’s Point Bridge is not reopened immediately the traffic burden on Roosevelt Boulevard which exists currently will be significantly exacerbated particularly during the summer tourist season commencing May 27, 2005 when of the 9th Street Causeway in Ocean City and the Route 50 Bridge between Tuckahoe and Corbin City are closed for repairs, resulting in significant safety and transportation problems.

19

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 the State of New Jersey is hereby strongly urged to cause the reopening of the Beesley’s Point Bridge prior to Memorial Day--the official opening of the

summer season; and BE IT FURTHER RESOLVED THAT copies of this

Resolution be forwarded to the Governor of New Jersey, the Commissioner of the New Jersey Department of Transportation; Senator Nicholas Asselta, Assemblyman Jack Gibson, Assemblyman Jeff Van Drew and all members of the Cape May County Board of Chosen Freeholders. 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 immediate reopening of the

Beesley’s Point Bridge is essential to the safety, welfare and well being of the citizens of Upper Township as well as the enormous number of summer

visitors to this area. 3. The immediate reopening of the

20

Beesley’s Point Bridge is crucial to the economy of the entire region. 4. A copy of this Resolution shall be forwarded to the Assembly Speaker, Minority leader of the Assembly and Majority Leader of the Assembly as well as the Senate and Assembly representatives of the Township of Upper. Resolution No. 104-2005 Offered by: Newman, Seconded by: Camp Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp x Corson x McCrosson x Newman x Palombo x 13. Chapter 159 for the insertion of an item of revenue in the budget which was not determined at the time of the adoption of the Budget---Upper Township will receive $888.36 additional funds from the State of New Jersey Clean Communities Grant Program for a total appropriation of $23,921.61. TOWNSHIP OF UPPER COUNTY OF CAPE MAY RESOLUTION RESOLUTION NO. 105-2005 WHEREAS, N.J.S. 40A-87 PROVIDES THAT THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES MAY APPROVE THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY WHEN SUCH ITEM SHALL HAVE BEEN MADE AVAILABLE BY LAW AND THE AMOUNT THEREOF WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE BUDGET, AND WHEREAS, SAID DIRECTOR MAY ALSO APPROVE THE INSERTION OF AN ITEM OF APPROPRIATION FOR AN EQUAL AMOUNT, AND WHEREAS, THE TOWNSHIP OF UPPER WILL RECEIVE $ 888.36 ADDITIONAL FUNDS FROM THE STATE OF NEW JERSEY CLEAN COMMUNITIES GRANT PROGRAM FOR A TOTAL APPROPRIATION OF $23,921.61 AND WISHES TO 21

AMEND ITS 2005 BUDGET TO INCLUDE A PORTION OF THIS AMOUNT AS A REVENUE. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HEREBY REQUESTS THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2005 IN THE SUM OF $ 888.36 WHICH IS NOW AVAILABLE AS A REVENUE FROM: REVENUE: STATE & FEDERAL REVENUE OFF-SET WITH APPROPRIATIONS: N.J. CLEAN COMMUNITIES GRANT PROGRAM, AND BE IT FURTHER RESOLVED THAT A LIKE SUM OF $ 888.36 FOR A TOTAL APPROPRIATION OF $23,921.61 BE AND THE SAME IS HEREBY APPROPRIATED UNDER THE CAPTION OF: APPROPRIATION: STATE AND FEDERAL PROGRAMS OFF-SET BY REVENUE: N.J. CLEAN COMMUNITIES GRANT PROGRAM BE IT FURTHER RESOLVED, THAT THE TOWNSHIP CLERK FORWARD TWO COPIES OF THIS RESOLUTION TO THE DIRECTOR OF LOCAL GOVERNMENT SERVICES.
Resolution No. 105-2005 Offered by: Corson, Seconded by: McCrosson Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ___x______ __________ __________ __________ Corson ___x______ __________ __________ __________ Newman ___x______ __________ __________ __________ McCrosson ___x______ __________ __________ __________ Palombo ___x______ __________ __________ __________

14. Chapter 159 for the insertion of an item of revenue in the budget which was not determined at the time of the adoption of the Budget---Upper Township will receive $2,484.00 from the Public Area Recycling Grant Program. TOWNSHIP OF UPPER COUNTY OF CAPE MAY RESOLUTION RESOLUTION NO. 106-2005 WHEREAS, N.J.S. 40A-87 PROVIDES THAT THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES MAY APPROVE THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR

22

MUNICIPALITY WHEN SUCH ITEM SHALL HAVE BEEN MADE AVAILABLE BY LAW AND THE AMOUNT THEREOF WAS NOT DETERMINED AT THE TIME OF THE ADOPTION OF THE BUDGET, AND WHEREAS, SAID DIRECTOR MAY ALSO APPROVE THE INSERTION OF AN ITEM OF APPROPRIATION FOR AN EQUAL AMOUNT, AND WHEREAS, THE TOWNSHIP OF UPPER WILL RECEIVE $ 2,484.00 FROM THE PUBLIC AREA RECYCLING GRANT PROGRAM FOR A TOTAL APPROPRIATION OF $ 2,484.00 AND WISHES TO AMEND ITS 2005 BUDGET TO INCLUDE A PORTION OF THIS AMOUNT AS A REVENUE. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HEREBY REQUESTS THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2005 IN THE SUM OF $ 2,484.00 WHICH IS NOW AVAILABLE AS A REVENUE FROM: REVENUE: STATE & FEDERAL REVENUE OFF-SET WITH APPROPRIATIONS: PUBLIC AREA RECYCLING GRANT PROGRAM, AND BE IT FURTHER RESOLVED THAT A LIKE SUM OF $ 2,484.00 BE AND THE SAME IS HEREBY APPROPRIATED UNDER THE CAPTION OF: APPROPRIATION: STATE AND FEDERAL PROGRAMS OFF-SET BY REVENUE: PUBLIC AREA RECYCLING GRANT PROGRAM BE IT FURTHER RESOLVED, THAT THE TOWNSHIP CLERK FORWARD TWO COPIES OF THIS RESOLUTION TO THE DIRECTOR OF LOCAL GOVERNMENT SERVICES. OFFERED BY: McCrosson, SECONDED BY: Newman
Resolution No. 106-2005 Offered by: McCrosson, Seconded by: Newman Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ___x______ __________ __________ __________ Corson ___x______ __________ __________ __________ Newman ___x______ __________ __________ __________ McCrosson ___x______ __________ __________ __________ Palombo ___x______ __________ __________ __________

15. Authorizing the execution of an equipment lease with All Action Water Sports.

23

TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 107-2005 RE: AUTHORIZING EXECUTION OF EQUIPMENT LEASE WITH ALL ACTION WATER SPORTS.

WHEREAS, the Township of Upper desires to enter into a Lease with ALL ACTION WATER SPORTS to rent one Yamaha Wave Runners at a nominal consideration for the use of the Upper Township Beach Patrol. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated herein by this reference. 2. The Mayor and Township Clerk are hereby authorized, directed and empowered to execute a form of Equipment Lease and Addendum which is attached hereto as Exhibit A, on behalf of the Township of Upper with ALL ACTION WATER SPORTS and the Township Clerk is further authorized, directed and empowered to seal said Lease with the official seal of the Township of Upper. 3. The Township Clerk shall forward a copy of this Resolution and the Lease Agreement to the Township's insurance agent for general liability coverage, with instructions to effect such insurance coverage as is required pursuant to the terms of the Lease and for the term indicated. The authority granted by this resolution is subject to any and all requirements of the Township’s Risk Management Consultant and insurance carrier. Resolution No. 107-2005 Offered by: Palombo, Seconded by: Newman Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ___x______ __________ __________ __________ Corson ___x______ __________ __________ __________ Newman ___x______ __________ __________ __________ McCrosson ___x______ __________ __________ __________ Palombo ___x______ __________ __________ __________

24

16. Tax Refund. TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION Resolution No. 108-2005 REFUND A CREDIT _______________________________________________________ WHEREAS, certain corrections have been recommended by the Upper Township Tax Collector in order to refund monies, NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Upper, Cape May County, that corrections to the Tax records are hereby authorized and the Tax Collector is hereby directed to correct said records or take such action as indicated: 2005 Refund $909.17 on Block 452 Lot 6 to Carol Rosiak. Paid by Mortgage Company and Title Co. Resolution No. 108-2005 Offered by: Newman, Seconded by: McCrosson Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT CAMP __x___ _____ _____ _____ CORSON __x___ _____ _____ _____ McCROSSON __x___ _____ _____ _____ NEWMAN __x___ _____ _____ _____ PALOMBO __x___ _____ _____ _____ 17. Appointment of McManimon & Scotland, L.L.C. to act as special legal counsel. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 109-2005 APPOINTMENT OF McMANIMON & SCOTLAND, L.L.C. 25

RE:

TO ACT AS SPECIAL LEGAL COUNSEL ______________________________________________________________ WHEREAS, the Township requires legal counsel to

provide legal services regarding redevelopment law and related issues; and WHEREAS, a resolution is required authorizing the award of such contract for professional services; and NOW, THEREFORE, BE IT RESOLVED by the Township

Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: 1. The allegations of the preamble are incorporated

herein by this reference. 2. Riverfront Special McManimon & Scotland, L.L.C. with offices at One Newark, Counsel New to Jersey handle is hereby appointed regarding

Plaza, Legal

matters

redevelopment law and related issues as well as other matters as directed by the Township Committee. 3. May 9, 2005 for This contract shall have a commencement date of and shall continue of the for the length legal of time

necessary

completion

aforesaid

services,

unless sooner terminated by the Township of Upper, at the option of the Township of Upper. 4. bidding as a This Contract is awarded without competitive professional service in accordance with

26

N.J.S.A. 40A:11-5(1)(a) Contract Law because

of

the

New &

Jersey Scotland,

Local

Public has

McManimon

L.L.C.

professional knowledge as to legal matters which knowledge is particularly valuable to the Township Committee. NOTICE OF CONTRACT AWARD The Township Committee of the Township of

Upper, State of New Jersey has awarded the contract without competitive bidding as a professional service pursuant to

N.J.S.A. 40A:11-5(1)(a) to McManimon & Scotland, L.L.C. for legal services. This contract and the resolution authorizing same shall be available for public inspection in the office of the municipal clerk of the Township of Upper, State of New Jersey. 5. A certificate from the Chief Financial Officer

of Upper Township showing the availability of adequate funds for this contract and showing the line item appropriation of the official budget to which this contract will be properly charged has been provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk. 6. The contractor has registered with the State of

New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.

27

7.

The

Mayor

and

the

Township

Clerk

are

hereby

authorized and directed to execute, on behalf of the Township of Upper, a Professional Contract with McManimon & Scotland, L.L.C. in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed herein. Upon execution of all parties thereto said contract shall become effective. 8. A copy of this Resolution shall be published in

the official newspaper of the Township of Upper within ten (10) days from the date of adoption. 9. adoption. Resolution No. 109-2005 Offered by: McCrosson, Seconded by: Camp Adopted: May 9, 2005 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ____x______ __________ __________ __________ Corson ____x______ __________ __________ __________ McCrosson ____x______ __________ __________ __________ Newman ____x______ __________ __________ __________ Palombo ____x______ __________ __________ __________ ORDINANCES 18. Public Hearing and Final Adoption of Ordinance No. 007-2005 Re: AN ORDINANCE AUTHORIZING SALE OF LANDS, TO WIT BLOCK 637, LOTS 1, 2, 3, 4, 5, 6, AND 7.
The Committee discussed that Mr. Breazeale, the land sale applicant, went to the Zoning Board for a variance for his lots in Block 636, Lots 34-37 & 1-4. The Zoning Board recommended that he request from the Township a street vacation of a portion of Chestnut and to purchase Lots 1-7 in Block 637 to create a more conforming lot. The street vacation has been completed. During Public Comment section of this hearing Carol Dillenberger of Marmora asked if zoning in that area would change—the Committee answered that it would not. Roberta Townsend had questions as to how many lots this would give the buyer—it would be only one conforming building lot. There were no other speakers. Motion was made by Jay Newman,

This

Resolution

shall

be

effective

as

of

28

second by Andrew McCrosson for final adoption of Ordinance No. 007-2005. During roll call vote all five Committee members present voted in the affirmative. TOWNSHIP OF UPPER CAPE MAY COUNTY ORDINANCE ORDINANCE NO. 007-2005 RE: AN ORDINANCE AUTHORIZING SALE OF LANDS, TO WIT BLOCK 637, LOTS 1, 2, 3, 4, 5, 6 and 7 _______________________________________________________________________ WHEREAS, the Township of Upper is the owner, in fee, of a certain parcel of vacant ground located within the Township of Upper, County of Cape May, and State of New Jersey, set forth on the municipal tax map as Block 637, Lots 1, 2, 3, 4, 5, 6 and 7; and WHEREAS, the Township has received an offer from Thomas Breazeale, the owner of real property contiguous with said parcels owned by the Township, to purchase said parcels; and WHEREAS, after discussion and deliberation the Township Committee is of the opinion that the sale of said parcels will be in the best interest of the Township; will provide for the consolidation of existing undersized lots to make a more conforming lot; and NOW, THEREFORE, BE IT ORDAINED by the Township Committee in the Township of Upper, County of Cape May and State of New Jersey as follows: SECTION 1: The Township of Upper is hereby authorized to sell the real property commonly known as follows: Block 637, Lots 1, 2, 3, 4, 5, 6 and 7 to the highest bidder from among all owners of real property contiguous thereto in accordance with N.J.S.A. 40A:12-13(b)(5). Such sale shall not be for less than the fair market value of said real property and the minimum bid for each parcel or parcels sold is hereby established as follows: Block 637, Lots 1, 2, 3, 4, 5, 6 and 7 Minimum Bid: $28,790.00

SECTION 2: Prior to said sale, the Township will obtain a title report from a title company or abstract company licensed to do business in the State of New Jersey. Said report shall be available to all prospective bidders.

29

SECTION 3: The list of property authorized to be sold together with the minimum price thereof shall be posted at Township Hall and advertisement of the sale shall be made in a newspaper circulating in the Township within 5 days following enactment of this ordinance. Offers for the property may thereafter be made to the Township Committee for 20 days following said advertisement. The Township Committee may reconsider this ordinance not later than 30 days after enactment and thereafter advertise the property for public sale pursuant to N.J.S.A. 40A:12-13(a). The Township Clerk shall file with the Director of the Division of Local Government Services in the Department of Community Affairs sworn affidavits verifying the publication of the foregoing advertisements. SECTION 4: Thomas Breazeale shall pay the following sum to the Township Clerk prior to the adoption of this Ordinance: Upon approval of Township Committee to offer property for sale at public auction............$500.00 Of this amount, $250.00 will be retained by the Township and used to defray Township expenses involved in Authorizing the Sale and terms thereof; Engineer s review; Attorney s review; legal advertising, certified mail notices and other expenses. The balance of $250.00 will be applied toward the cost of title report, title insurance and closing costs. If the parcel is not sold at auction, This amount will be retained by the Township as LIQUIDATED DAMAGES and will be used to pay for the title report and other documents. If the highest bidder at the auction sale is not the original applicant: -The highest bidder will be required to pay, in addition to the purchase price and other expenses, an additional sum of $300.00, represent-

30

ing pre-sale amounts paid by the original applicant requesting the sale, exclusive of the deposit for title insurance and closing costs; And -The original applicant (who is not the highest bidder) will then be entitled to a complete refund of all sums paid ($500.00) plus the application fee ($50.00), for a total of $550.00. SECTION 5: The aforesaid parcel of real property shall be offered for sale at an auction to be conducted by the Township Clerk at a date and time to be set by the Township Clerk after the appropriate notice of sale has been sent to contiguous owners of the subject real property. Said notice shall be sent certified and regular mail to the owners of contiguous property at the address set forth on the tax assessor s records. Said notice shall be sent no greater than 30 days prior to the date of sale and no less than 14 days prior to the date of sale. At any time, the Township Clerk may adjourn said sale and renotice in accordance with the provisions of this Ordinance and N.J.S.A. 40A:12-13. SECTION 6: The Committee Township expressly reserves the right to reject any and all bids in the exercise of its sole judgment and discretion. The Township Committee is

authorized to confirm the sale by resolution and complete the transaction pursuant to this Ordinance and N.J.S.A. 40A:12-13. SECTION 7: In the event the highest bid at such auction exceeds the minimum bid established herein and the Township Committee rejects same in the exercise of its sole judgment and discretion, then, in such event, all deposits made by the original applicant or the highest bidder, as the case may be, shall be refunded except for the $50.00 application fee which shall be non-refundable. SECTION 8: All payments required to be made pursuant to said sale to the Township Clerk must be made by personal check, cash or certified check, or any combination of the

31

foregoing. All payments required to be made hereunder to a title company or abstract company conducting the closing shall be made in collected funds, that is, by cash, certified check, cashier s check or wire transfer. SECTION 9: A sum equal to ten percent (10%) 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. The remaining balance of ninety percent (90%) 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. In addition to the deposit of ten percent (10%), the highest bidder or bidders shall also be required to pay or tender at the time of sale the following: IF THE BIDDER IS THE ORIGINAL APPLICANT: (A) The sum of $130.00 ($380.00 less the $250.00 deposit, equals $130.00), payable to a title company designated by the Township Clerk, which company prepared the report of title prior to the auction sale, and representing the following: (i) (ii) (iii) The sum of $100.00 for the preparation of the Deed. The sum of $30.00 for recording the Deed. At closing the bidder shall be entitled to receive a refund in the event that the charges for title insurance or title search and other closing costs are less than $380.00 or, in the alternative, the bidder will be required to pay to the title company conducting closing any excess amount. IF THE BIDDER IS NOT THE ORIGINAL APPLICANT: (B) The sum of 300.00, payable to the Township of Upper, representing payment of the non-refundable application fee of $50.00; payment to the Township for

32

administrative expenses of $250.00; to defray Township expenses, which amounts were required of the original applicant. (C) The sum of $380.00, payable to a title company designated by the Township Clerk, which company prepared the report of title prior to the auction sale, and representing the following: (i) (ii) (iii) The sum of $100.00 for the preparation of the Deed. The sum of $30.00 for recording the Deed. The sum of $250.00 as a deposit for the title search and title insurance and other closing costs. At closing the bidder shall be entitled to receive a refund in the event that the charges for title insurance or title search and other closing costs 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: (D) (E) 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. (F) Title company settlement fees covering services to both the Seller and the Buyer. (G) Any additional fees or costs chargeable by the title company or otherwise necessary to complete the transaction on behalf of the purchaser. SECTION 10: The closing of title shall take place as designated by the Township as follows:

33

(A) (B) (C)

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.

SECTION 11: 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. SECTION 12: The Deed from the Township of Upper shall be what is commonly known as a Bargain and Sale Deed. SECTION 13: 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 shall be responsible for all taxes thereafter. Unless otherwise specified herein, the purchaser shall be liable for payment of all assessments, of any nature, against said land. SECTION 14: 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. If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the bidder 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. 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. 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

34

septic facilities, lack of access, inadequate lot size, or other reasons, including those reasons set forth below. The purchaser is required to comply with all applicable zoning, building and health

ordinances and codes and regulations. The property being sold may be situate in a Flood Hazard Zone. The Township of Upper makes no warranties or representations, expressed or implied, as to the property being offered for sale, the condition or marketability of the title or any other matter. 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. SECTION 15: 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. SECTION 16: The successful bidder shall be required, at the time of the sale, to execute a document acknowledging that the sale is governed by the provisions of this Ordinance as well as N.J.S.A. 40A:12-13. SECTION 17: The provisions of this Ordinance pertaining to this sale shall survive the closing of title and shall not merge into the Deed. SECTION 18: It is a requirement of this sale that the purchaser of the subject property be a contiguous property owner. Said purchaser 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 which shall not be further subdivided into more than one lot. This restriction shall be included in the deed of conveyance and shall run with the land. The successful bidder shall complete the consolidation as a condition of the sale. The provisions of this Section shall survive closing and shall not merge into the Deed. SECTION 19: This Ordinance shall take effect immediately upon final adoption and publication as required by law.

35

NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 11TH OF APRIL, 2005 AND WAS BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 9TH DAY OF MAY, 2005 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY. BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER. WANDA GAGLIONE, TOWNSHIP CLERK

19. Introduction of Ordinance No. 008-2005 Re: AN ORDINANCE AMENDING ORDINANCE NO. 017-2004 KNOWN AS THE SALARY ORDINANCE FOR THE CALENDAR YEAR 2005.
Move to introduce this ordinance, by Andrew McCrosson, second by Richard Palombo with all five Committee members voting in the affirmative. Public Hearing will be June 13, 2005 at the 7:30 P.M. meeting. TOWNSHIP OF UPPER CAPE MAY COUNTY O R D I N A N C E ORDINANCE NO. 008-2005 AN ORDINANCE AMENDING ORDINANCE NO. 017-2004 KNOWN AS THE SALARY ORDINANCE FOR THE CALENDAR YEAR 2005 ____________________________________________________________________ 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. 017-2004, known as the Salary Ordinance of 2005 is hereby amended as hereinafter provided:
SECTION 2: Salaries. F. BOARD OF HEALTH; ZONING BOARD; PLANNING BOARD Position Secretary Planning Board (P/T) Per Meeting Secretary Board of Adjustment (P/T) Per Meeting None Minimum None Maximum - 2005 $16,950.00 $100.00 $16,950.00 $100.00

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

36

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. SECTION 3: REPEALER: All Ordinances or parts of

Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only. SECTION 4: EFFECTIVE DATE: This Ordinance shall take

effect immediately upon final adoption and publication as required by law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 9th DAY OF MAY, 2005 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 13th DAY OF JUNE, 2005 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY. BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER. WANDA GAGLIONE, TOWNSHIP CLERK TOWNSHIP OF UPPER

CORRESPONDENCE 20. Upper Township School Board, request to waive polling place fees for Community Center. Moved by Richard Palombo, second by Andrew McCrosson to waive the polling place fee to the School Board for use of the Community Center. During roll call vote all five Committee members voted in the affirmative. NEW BUSINESS 21. Report on Residency Complaint—Andrew McCrosson. A complaint was received from Robert L. Smith, II, regarding residency compliance of Committeeman McCrosson. Attorney Daniel Young was directed by Mayor Palombo and Committee to investigate the allegations. Mr. Young discussed the applicable law, N.J.S.A. 40A-9-1.12 and discussed the definitions and distinctions of “resident” and “domicile”. He also cited court case decision wherein the court stated “the important element in determining domicile was intent”. During the course of the investigation Mr. Young requested many documents from Mr. McCrosson such as copy of voter registration card, copy of deed to 37

Township property Mr. McCrosson considered his domicile, copy of current automobile license and registration, copy of most recent tax return, and explanation of as to where he has been staying and what he considers his permanent abode and reason for the absence from the permanent address. Mr. Young also asked for a report as to where correspondence from his position as Upper Township Committeeman was mailed or delivered to. A copy of the divorce complaint specifically stating that Mr. McCrosson presently resides at 554 Pine Place, Marmora. Conclusion-Mr. Young stated that Mr. McCrosson provided a significant amount of documentary evidence attempting to satisfy the ordinary criteria of domicile and indicated that his absence from his marital home is temporary due to his family situation. In his opinion if a court were presented with the facts in this case it would find that Mr. McCrosson has not changed his domicile and remains eligible to hold office. Mr. Young will send a copy of his report to the complainant. UNFINISHED BUSINESS: DISCUSSION 22. Re: Marmora Shop Rite Project: New Jersey Department of Environmental Protection, rule to extend CAFRA Centers for projects that have been deemed complete. Engineer Paul Dietrich reported that this affects the Marmora Shop Rite Project and other major projects in the Township, as well as the entire State. On February 7, 2005, CAFRA Centers expired and left several projects in limbo. Legislation has been proposed both in the Senate and Assembly regarding how to resolve the situation. The D.E.P. put in a notice of action anticipating submitting a rule proposal and are looking for Public Comment on this issue. There is no official public comment period however time is critical. The D.E.P. does not want to convey a blanket extension to every town but they realize that some municipalities were well along in the Centers Project. Upper Township is one of eleven municipalities mentioned in the rule proposal that are at an advanced stage in the process and the rule proposes allowing an extension to allow them to finish the process. During the five-year time period allowed to complete the process, Upper Township has been working diligently to get the plan approved. However, through no fault of the Township we have been unsuccessful in completing it. Preparing the plan has involved Township funds as well as the State funds as Upper, Dennis, and Middle Townships received a $150,000 grant from State to work together. Due to time constraints it was recommended that a letter be sent immediately and a resolution be placed on the agenda of the next meeting. Mr. McCrosson commented that this is a critical issue for the Township to achieve in developing properties that will have a positive impact on this municipality by providing jobs and tax ratables. Mr. Young commented that the eleven municipalities mentioned are not the only ones affected throughout the state. There are many more municipalities at different stages in the process. PAYMENT OF BILLS:

38

“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.” Payroll Bills submitted for payment $130,925.73 $1,781,187.53

Moved by Jay Newman, second by Andrew McCrosson to pay all bills submitted; during roll call vote all five Committee members present voting in the affirmative. REPORT OF MUNICIPAL DEPARTMENTS: 23. Tax Assessor 24. Construction Code 25. Finance Office 26. Department of Public Works 27. Upper Township Division of EMS 28. Tax Collector Reports are available from the Clerk’s Office. PUBLIC COMMENT Brenda Layton, MAC Representative requested the use of a vehicle to haul supplies to the Municipal Alliance Mini Golf Tournament on Friday, May 13, 2005 at Pirate Island Golf. Moved by Andrew McCrosson, second by Jay Newman with all five Committee members present voting in the affirmative. Libby Schuck, Seaville, submitted a petition with 250 names on it “to hire a new animal control company and to require that they not service more than 6 townships in any one year”. She also asked the cost of operating Amanda’s Field Recreation Complex. Recreation is not broken down for each park. Roberta Townsend also discussed recreation costs. The Committee explained that funds become available from land sales such as the one listed tonight and from developer fees and it is these funds that have built Amanda’s Field. The land sale and developer funds are designated for recreation and can only be spent on recreation. She also commented on the importance of reopening the Beesley’s Point Bridge. The Mayor commented that the closing of the Bridge is a huge detriment to the Township especially in the summer months. She also commented on a land sale she requested a few years ago which the Township denied because she wanted to subdivide her property and create 2 new lots. Municipal property is sold only on condition that it be consolidated into another tract and not create any more building lots. She asked about the Township Budget. Mr. McCrosson answered that the Budget this year is $10.8 million and that we receive approximately $6.7 million from the State. The money in the Budget is spent on salaries, trash collection, lighting, street cleaning, insurance, street repair, capital improvements, etc. with $2 million going to the school. Mr. McCrosson

39

explained that over the last 20 years the Township has given the School Board over $54 million to operate the schools and defray taxes. She stated that the Committee gave the School Board $2 million this year and the same amount in the 1960’s and costs have increased dramatically we haven’t included that increase to the school. Mr. Corson stated that our surplus has gone from almost $10, to this year’s figure of less than $1 million. We’re getting $6.7 million from the State, our budget is $10.8 million and we have to make up the difference from our surplus. She asked how property tax money was distributed to the Township. The Mayor answered that the Township does not get any money from collection of taxes from the public. We do not have a Local Purpose Tax. We are just a collection agency; we collect the taxes and distribute them to the Schools, the County and Fire Districts. In fact , more than 100% of the taxes we collect are sent out to other agencies because we’re obligated to pay those taxes to the those agencies at 100% of what they bill us whether or not we collect 100%. Our collection rate is good but we haven’t been able to achieve a 100% rate of collection. We have a 98% collection rate so we must come up with the 2% that we don’t collect. So not only do we not keep any money we collect in taxes, we actually send more money out than what we take in. David Milligan, Tuckahoe, suggested moving the recreation money into the school system. Mr. Young explained that N.J. Land Use Laws require a land developer to provide for recreation either by installing a small playground on the site or by contributing a sum of money. That sum of money can only be used for recreation. It was discussed that it is better planning to have one large complex rather than have a tiny playground in each subdivision. Linda Gentile, Petersburg, asked if the animal welfare investigation has been completed yet. Committee woman Barbara Camp replied that the investigation is still ongoing, that she is waiting for some reports from several parties and that she hopes to have it complete by the first meeting in June. Carol Dillinberger, discussed ways to acquire more funds for the Township in light of the fact that 19 teachers are facing layoffs in our schools. Her suggestions were mercantile licenses, beach tags, and house rental fees. The Committee replied that these programs would not generate the kind of monies they do in municipalities such as Ocean City, Wildwood, etc. because we have far less commercial operations than most towns. The lack of public sewer systems was also discussed as a reason that made it difficult to attract ratables, however we are starting to see some more ratables. The Township wants to encourage these commercial ratables to help offset the tax structure we are faced with now with our schools. Mr. Young explained that to understand the magnitude of the money generated by the type of major projects we are trying to attract, Osprey Point is the first major project that will bring in tax ratables to the Township. They are a $20 million facility that brought in $300,000+ in tax revenues and is the type of project that we need to attract. One Shop Rite center would generate much more than a mercantile license program could ever realize. She discussed the money the Township gives to the schools. The Committee explained that the Township is limited to what they give to the school because the Township aid from the State is at a fixed rate as well. If we were to receive more benefit from the State that we would obviously extend that to our schools as well to try and offset the tax. We must stay in

40

the framework of the dollars we have available to us. As our surplus is being reduced we will be forced to look for funding at the Township level in the future and we won’t have any excess funds for the school. Elizabeth Bergus, Strathmere, was strongly against imposing beach tags on the Strathmere Beach. CLOSED SESSION 29. Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from which the public shall be excluded. Moved by Jay Newman, second by Richard Palombo to close the regular portion of the meeting and go into a closed session. During roll call vote all five Committee members voted in the affirmative. RECONVENE PUBLIC PORTION OF MEETING Motion was made by Richard Palombo, second by Jay Newman to appoint Andrew Shaw to the Zoning Board to replace Mary Jean Burgin on her resignation. During roll call vote all five Committee members present voted in the affirmative. ADJOURNMENT There being no further business this evening the meeting was adjourned at 10:25 P.M. Next meeting to be May 23, 2004 at 4:00. Minutes prepared by Wanda Gaglione, RMC Municipal Clerk Bill List
05/09/05 038448 038449 038450 038451 038452 038453 038454 038455 038456 038457 038458 038459 038460 038461 038462 038463 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 A0004 A0006 A0018 A0020 A0025 A0050 A0087 B0008 B0090 B0148 B0152 C0019 C0030 C0042 C0048 C0052 TOWNSHIP OF UPPER A+ COMMERCIAL OFFICE CLEANERS ADVANCE TREADS INC ACTION SUPPLY INC. ACU-THERM SUPPLY CO.,INC. ADVANTAGE RENTAL ACE HARDWARE ALL STAR SPORT CENTER AT & T BAILEY, CARROLL BROADLEY'S MDI. BLUE FLAME GAS OF N.J. BUCHANAN, KAREN A. CITY OF OCEAN CITY CAMP, BARBARA CAMPBELL FREIGHTLINER, LLC CAPE MAY COUNTY MUA CAPE MAY COUNTY TREASURER 350.00 805.00 203.07 138.20 1,008.24 3,476.50 25.72 8.00 1,003.65 1,942.00 170.80 38,577.25 32.00 390.03 34,542.50 867,747.97

41

038464 038465 038466 038467 038468 038469 038470 038471 038472 038473 038474 038475 038476 038477 038478 038479 038480 038481 038482 038483 038484 038485 038486 038487 038488 038489 038490 038491 038492 038493 038494 038495 038496 038497 038498 038499 038500 038501 038502 038503 038504 038505 038506 038507 038508 038509 038510 038511 038512 038513 038514 038515 038516 038517 038518 038519 038520 038521 038522 038523 038524 038525 038526 038527 038528 038529 038530 038531 038532 038533 038534

05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05 05/09/05

C0053 C0068 C0072 C0101 C0125 C0160 D0003 D0011 D0016 D0030 D0077 E0009 E0026 F0013 F0053 F0054 F0061 F0072 G0002 G0006 G0012 G0020 G0028 G0035 G0040 G0096 H0012 H0018 H0057 H0060 H0062 H0073 I0011 J0014 J0018 J0039 K0032 K0034 L0018 L0031 L0034 L0040 L0073 L0080 N0004 N0024 N0052 N0060 N0100 O0012 P0007 P0032 P0035 P0064 P0094 P0099 Q0003 R0029 R0030 R0055 R0061 S0031 S0035 S0052 S0057 S0064 S0065 S0066 S0083 S0097 S0123

CAPE MAY COUNTY TREASURER COMCAST CATERINA SUPPLY INC. CHATTEN, LINWOOD R. COIA'S GREENHOUSE'S CONECTIV POWER DELIVERY DATA RESOURCE SOLUTIONS DIVISION OF STATE POLICE CUI DALEY,FREDERICK T/A DALEYS PIT DEL CORIO, ROSEMARY MS. DIETRICH,PAUL ENERGY INITIATIVES GROUP,LLC ERICH PRINTING INC. FARM RITE INC. FORD,SCOTT,SEIDENBURG& KENNEDY FORT DEARBORN LIFE INSURANCE FOX ELECTRIC SUPPLY COMPANY FUTURE MINING & RECYCLING INC. GAGLIONE, WANDA GARBUTT,PATRICIA A. GANN LAW BOOKS GARRISON, IVAN GENTILINI FORD GENRON FIRE PROTECTION GIBSON ASSOCIATES,P.A. GRUND, GEORGE HALL,ARTHUR HAROLD RUBIN/L & H SUPPLY HISTORICAL PRESERVATION HOLZER, JEFFREY HOPE, JOHN J. HOME DEPOT CRC/GECF INDUSTRIAL TELECOMMUNICATIONS JC MILLER CO. JEFFERS FLORIST JOHNSON & TOWER INC. KINGSTON, TED, INC. KOHLER, CLAUDE JR. LANIER WORLDWIDE, INC. LORCO PETROLEUM SERVICES LAYTON, BRENDA MRS. LEA, SHELLEY LONGSTRETH WOMEN'S WEAR LOWES, INC. NJ-AMERICAN WATER CO. N.J. DIVISION OF FIRE SAFETY NATL YOUTH SPORTS COACHED ASSN NESLO PETROLEUM PRODUCTS, INC. N.J. LEAGUE OF MUNICIPALITIES OCEAN CITY BD. OF EDUCATION PALOMBO,RICHARD A. PEDRONI FUEL CO. PEPPERMINT PUPPETEERS PITNEY BOWES CREDIT CORP. PUBLIC SAFETY CENTER,INC. PRINCETON NASSAU CONOVER FLM QC INC. RIDDELL/ALL AMERICAN RIGGINS, INC. ROSIAK, CAROL RUTGERS, THE STATE UNIVERSITY SCHULER SECURITY, INC. SCHOPPY WILLIAM TROPHY CO. SEA ISLE AMBULANCE CORPS. SERVICE TIRE TRUCK CENTERS SEAVILLE VOL. FIRE COMPANY SEAVILLE FIRE CO. DISTRICT #4 SEETON TURF WAREHOUSE LLC SHERWIN WILLIAMS, CO. SMH CPR TRAINING CENTER SPEAR, MICHAEL

5,148.00 95.00 636.00 72.00 157.98 4,087.26 580.00 30.00 430.00 90.20 22.00 2,880.00 194.00 485.10 9,000.00 535.47 973.10 10,383.80 88.05 13.76 167.75 503.75 35.68 20.00 3,200.00 228.23 263.67 67.88 1,441.03 900.00 266.50 243.97 250.00 106.07 68.00 45.71 495.00 139.87 590.92 250.00 68.00 12.00 1,999.13 1,447.35 8.01 1,454.00 760.00 726.25 15.00 189.00 36.00 1,425.56 800.00 585.00 215.42 17,970.00 2,255.30 6,050.34 2,144.33 8.00 1,133.00 145.00 396.48 10,000.00 127.00 10,000.00 292,200.00 540.00 91.00 40.00 408.61

42

038535 05/09/05 S0126 SPIEGEL, BARBARA 038536 05/09/05 S0133 SOUTH JERSEY AUTO SUPPLY 038537 05/09/05 S0139 SO. JERSEY WATER COND. INC. 038538 05/09/05 S0144 SOUTH SHORE FORD 038539 05/09/05 S0190 STRATHMERE VOLUNTEER FIRE CO. 038540 05/09/05 S0191 STRATHMERE FIRE CO.DISTRICT #1 038541 05/09/05 T0020 TERWILLIGER, DUANE E. 038542 05/09/05 T0032 THE PRESS & SUNDAY PRESS 038543 05/09/05 T0034 THE PAPER OF U.T./GAZETTE 038544 05/09/05 T0044 THOMSON, KERRY AGENCY 038545 05/09/05 T0067 TOWNSHIP OF UPPER PETTY CASH 038546 05/09/05 T0117 TUCKAHOE FIRE DISTRICT #2 038547 05/09/05 U0013 U.T. WRESTLING ASSOC. 038548 05/09/05 U0029 UPPER TOWNSHIP BD.OF EDUCATION 038549 05/09/05 U0038 UPPER TOWNSHIP RESCUE SQUAD 038550 05/09/05 V0013 VERIZON WIRELESS 038551 05/09/05 V0022 VERIZON 038552 05/09/05 W0030 WEST PUBLISHING CO. 038553 05/09/05 Y0002 YANK MARINE INC. 038554 05/09/05 Y0008 YOUNG, DANIEL J. ESQUIRE PC 038555 05/09/05 Y0020 YOUNG, BARBARA L. 038556 05/09/05 Z0001 ZOLL MEDICAL CORPORATION -------------------------------------------------------------------------Total Paid: $1,781,187.53 -------------------------------------------------------------------------

80.60 137.80 208.70 32.99 10,000.00 63,600.00 40.00 105.30 147.52 8,624.00 63.22 301,000.00 1,770.00 238.00 35,000.00 336.78 190.98 714.33 55.00 7,967.84 16.00 2,002.01

43