township_of_upper_07-26-04

							TOWNSHIP OF UPPER CAPE MAY COUNTY MINUTES FOR JULY 26, 2004 REGULAR MEETING OF THE TOWNSHIP COMMITTEE –4:00 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 Absent Present

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich. APPROVAL OF MINUTES July 12, 2004 Regular Meeting and Closed Session Minutes Moved by Andrew McCrosson, second by Barbara Camp to approve the Minutes. During roll call vote all four Committee members present voted in the affirmative.

REPORT OF GOVERNING BODY MEMBERS Barbara Camp, reported she visited the Township Animal Shelter and that it is running smoothly with the volunteers under the direction of Joanne Hill. She reported on the new addition to the Township Hall, and that the workers are now painting the walls. The walls in the main part of the building have been painted and she commended our workers on their fine work. Raymond Young from the American Legion has asked to use the Community Center twice a month for their meetings. Moved by Barbara Camp, second by Andrew McCrosson with all four Committee members present voting in the affirmative. Andrew McCrosson, reported that the final tax rate from the State of New Jersey has been received and the tax bills have been mailed out. He reported on the 2003 Audit. Curtis Corson, Deputy Mayor, reported on trash pickup in Strathmere. A small 1997 trash packer was located at a cost of $18,000, which is quite a savings. This truck holds more refuse than the small dump truck currently used for Strathmere trash pickup and would decrease the number of trips back and forth to the landfill. This truck is also enclosed to prevent trash from blowing out. It can also be utilized by the Recreation 1

Department in the off-season for compost pickup and recyclables and during heavy holiday trash days such as Thanksgiving. Motion by Curtis Corson second by Andrew McCrosson to purchase this truck. During roll call vote all four Committee members present voted in the affirmative. Richard Palombo, Mayor, reported that the Greater Tuckahoe Area Merchants Association would hold their annual Kayak Races at the Tuckahoe River Beach this Sunday, August 1st. The Upper Township Lifeguards are having an ocean Kayak Race on Sunday, August 14th and encouraged everyone to attend. He discussed the information received from the Governor’s Office regarding Homeland Security and Emergency Management, and the 911 Report recently released. He stated that although Upper Township is a small community that we take emergency preparedness very seriously. The new addition onto the Township Hall is being readied to move our Emergency Management Office into so that this building will officially become the hub of the Township if a catastrophic event should occur. OTHER REPORTS Daniel Young, Municipal Attorney, commented on a letter received regarding the procedure to take in donation of property to the Township. He discussed a request from the Rough Touch Football team. They are using our facilities and asked if submitting signed waivers instead of a certificate of insurance would be permitted. The Committee stated that an insurance certificate must be submitted and that waivers would not be acceptable. Paul Dietrich, Municipal Engineer, reported that regarding the replacement of the Marshallville Road bridge project, he received the Power Point report from Andrea Tingey, from the NJ Historic Preservation Office and will forward it to each Committee person and the County. He will contact State engineers and pass any information along to the County to help the process along. The first meeting for the Plan Endorsement Process is scheduled for later in August and he asked for a resolution for the next meeting appointing the Petition Committee members. The Mayor asked for any updates on the condition of the Rt. 49 bridge and asked for Mr. Dietrich to keep him informed on the matter. The Mayor is very concerned with the condition of bridges in the State and especially in Upper Township as the State is not giving support to the infrastructure that it should. Mr. Dietrich reported that temporary repairs have been made and that the bridge is on the program list for replacement. There was discussion on the Plan Endorsement Process in that mainland communities are bearing the brunt of the water supply, waste water issues and transportation infrastructure problems but are not reaping any of the benefits from the tax revenue or tourism dollars that the seashore communities enjoy. These are issues that Upper, Middle and Dennis Townships share. The Mayor commented on the rate of growth in this area in the last ten years and stated that it is absolutely essential that we have a full exchange at NJGSP Exit 20. Mr. McCrosson agreed and commented on the regular delays experienced on the Garden State Parkway due to the closing of the Beesley’s Point Bridge. He also stated that the problem would be exacerbated next year due to scheduled repairs to the causeway in Ocean City. It was discussed that the Parkway and Rt. 9 were constructed in

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the 1950’s and our infrastructure has not improved since then and our population has grown in leaps and bounds. Patricia Garbutt, Finance Officer, reported that during the first inspection by their maintenance person that the roof at the Municipal Building is starting to wear around the air conditioners. It was suggested that the air conditioners be moved but that moving them would be a very expensive solution so a weekly check will take place to insure the water containers are emptied regularly. PRESENTATION RESOLUTIONS 1. Recognizing Gary W. Whyte in his awareness campaign for the disease Fibrodysplasia Ossificans Progressive (F.O.P.). TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 173-2004 RE: RECOGNIZING GARY W. WHYTE IN HIS AWARENESS CAMPAIGN FOR THE DISEASE FIBRODYSPLASIA OSSIFICANS PROGRESSIVA (F.O.P.) WHEREAS, (F.O.P.) is an

Fibrodysplasia extremely rare

Ossificans and

Progressiva disease

incurable

affecting a small number of children; and WHEREAS, the disease causes muscle to turn to

bone, creating a second skeleton that severely restricts mobility; and WHEREAS, Gary A. Whyte began his campaign in 2001 to raise awareness for this disease; and WHEREAS, only known the University facility of Pennsylvania worldwide is the is

research

that

investigating a cure for F.O.P.; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape 3

May and State of New Jersey, to commend Mr. Whyte for his tireless efforts on behalf of the citizens affected by this disease and to encourage all citizens to join in the

observance of the National Bone and Joint Decade through the year 2011 to become better educated on the subject of this and other musculoskeletal conditions. GIVEN UNDER OUR HANDS and the seal of the

Township of Upper this 26th day of July, 2004. Resolution No. 173-2004 Offered by: Palombo, Seconded by: McCrosson Adopted: July 26, 2004 Roll Call Vote: YES NO ABSTAINED ABSENT NAME Camp _____x_____ __________ __________ __________ Corson _____x_____ __________ __________ __________ McCrosson _____x_____ __________ __________ __________ Newman ___________ __________ __________ __x_______ Palombo _____x_____ __________ __________ __________ 2. Supporting the restoration or replication of the Marshallville Road Bridge at Cape May County Route 632. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 174-2004 RE: SUPPORTING THE RESTORATION OR REPLICATION OF THE MARSHALLVILLE ROAD BRIDGE AT CAPE MAY COUNTY ROUTE 632. ___________________________________________________________ WHEREAS, the Marshallville Road Bridge is located at Cape May County Route 632 in Upper Township, New Jersey; and WHEREAS, the closing of the Marshallville Road

Bridge has created two dead end streets which have no cul-

4

de-sac

to

accommodate

the

safe

ingress

and

egress

of

emergency response vehicles; and WHEREAS, Bridge endangers the the closing safety of of the the Marshallville citizens of Road Upper

Township due to the inability of fire and rescue vehicles to utilize the current road configuration and the lack of an effective water shuttle system; and WHEREAS, the residents of Marshallville Road have indicated to the Township Committee that they do not wish to have the bridge replaced, but rather wish that the

existing historic bridge be restored or replicated; and WHEREAS, the Township Committee of the Township of Upper has determined that the Marshallville Road Bridge should be restored or replicated, but not replaced in the manner previously proposed by the County, and that a

specialist in historic restoration should be obtained to provide a professional opinion of the feasibility of the repair of this historic structure; 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 that the Township of Upper hereby historic supports the restoration Road or replication at Cape May of the

Marshallville

Bridge

County

Route 632 and further supports the hiring of a specialist in historic restoration to provide an opinion with respect

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to

the

feasibility

of

the

repair

or

reparation

of

this

historic structure. BE IT FURTHER RESOLVED by the Township Committee of the Township of Upper hereby requests immediate action to address this dangerous situation and to effectuate the repair or replication of this historic structure. BE Committee Resolution of No. IT the FURTHER RESOLVED of the that the hereby it Township repeals the

Township to

Upper extent

149-2004

supported

replacement of the existing historic bridge rather than a restoration or replication of same. BE IT FURTHER RESOLVED that a copy of this

Resolution shall be forwarded to all members of the Cape May County Board of Chosen Freeholders. Resolution No. 174-2004 Offered by: McCrosson, Adopted: July 26, 2004 Roll Call Vote: NAME YES Camp ___x_______ Corson ___x_______ McCrosson ___x_______ Newman ___________ Palombo ___x_______ Seconded by: Palombo NO __________ __________ __________ __________ __________ ABSTAINED ABSENT __________ __________ __________ __________ __________ __________ __________ _x________ __________ __________

3. Authorizing the Mayor to sign various NJDOT Municipal Aid Grant applications for Fiscal Year 2005. TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 175-2004 RE: AUTHORIZING THE MAYOR TO SIGN VARIOUS NJDOT MUNICIPAL AID GRANT APPLICATIONS FOR FISCAL YEAR 2005 ________________________________________________________________ 6

WHEREAS, the Township of Upper wishes to take advantage of various Municipal Aid Grants that will be available for Fiscal year 2005; and WHEREAS, the Township of Upper Engineer has submitted a letter outlining the various projects that he wishes to submit grant applications for; and WHEREAS, the Township Committee fully supports and endorses the actions of the Township Engineer in his filing of the grant applications for the following projects: 1.Reconstruction of Peach Orchard Road 2. Tuckahoe Downtown Connection--Installation of sidewalks along Reading Avenue. 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. reference. 2. The Mayor of the Township of Upper is hereby authorized, directed and empowered to sign the individual Municipal Aid Grant Applications for Fiscal Year 2005. 3. All Township officials, officers and employees are empowered to take such action as may be necessary or advisable in order to carry out the intent and purpose of this Resolution. The allegations of the preamble are incorporated herein by this

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4. A certified copy of this Resolution shall be provided to the Township Engineer for insertion into each NJDOT Municipal Aid Grant Application for Fiscal Year 2005. Resolution No. 175-2004 Offered by: McCrosson, Seconded by: Camp Adopted: July 26, 2004 Roll Call Vote: NAME YES NO ABSTAINED Camp ____x______ __________ __________ Corson ____x______ __________ __________ McCrosson ____x______ __________ __________ Newman ___________ __________ __________ Palombo ____x______ __________ __________ 4.

ABSENT __________ __________ __________ __x_______ __________

Authorizing the transfer of funds to the Upper Township School District for purposes of funding the rehabilitation of the Primary School Roof.

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 176-2004 RE: AUTHORIZING THE TRANSFER OF FUNDS TO THE UPPER TOWNSHIP SCHOOL DISTRICT FOR PURPOSES OF FUNDING THE REHABILITATION OF THE PRIMARY SCHOOL ROOF ___________________________________________________________ WHEREAS, the Township of Upper received a request from the Upper Township School District to contribute the sum of $250,000.00 toward the cost of rehabilitation of the Primary School roof; and WHEREAS, the Township Committee of the Township of Upper has determined that it is in the best interest of the municipality and its citizens to contribute the sum of $250,000.00 to the cost of rehabilitation of the Primary School roof; and

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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. Upper hereby The Township Committee the of the of Township the sum of of

authorizes

transfer

$250,000.00 to the Upper Township School District for the sole purpose of deferring the cost of the rehabilitation of the primary school roof. This transfer of funds is subject to the condition that the Township Engineer have the right to review and inspect all contracts and work in connection with this project. 3. 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. 176-2004 Offered by: McCrosson, Seconded by: Palombo Adopted: July 26, 2004 Roll Call Vote: YES NO ABSTAINED NAME Camp x Corson x McCrosson x Newman _ Palombo x

ABSENT ______ ______ ______ __x___ ______

5. Rejecting all bids received for the purchase of two (2) Cab and Chassis units for Upper Township and authorizing the Township to re-advertise for bids.

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TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 177-2004 RE: REJECTING ALL BIDS RECEIVED FOR THE PURCHASE OF TWO (2) CAB AND CHASSIS UNITS FOR UPPER TOWNSHIP AND AUTHORIZING THE TOWNSHIP TO RE-ADVERTISE FOR BIDS. _________________________________________________________________ WHEREAS, the Township of Upper solicited bids for the purchase of two (2) cab and chassis units for Upper Township; and WHEREAS, bids were submitted from three companies; and WHEREAS, the Township Committee intends to reject all bids heretofore received; 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. reference. 2. All bids received for the purchase of two (2) cab and chassis units for Upper Township, which bids were received on June 22, 2004, are hereby rejected. 3. The Township Engineer and Township Clerk are hereby authorized to re-advertise for bids. Resolution No. 177-2004 Offered by: Corson, Seconded by: Camp Adopted: July 26, 2004 Roll Call Vote: NAME YES NO ABSTAINED Camp _____x_____ __________ __________ Corson _____x_____ __________ __________ McCrosson _____x_____ __________ __________ Newman ___________ __________ __________ Palombo _____x_____ __________ __________ The allegations of the preamble are incorporated herein by this

ABSENT __________ __________ __________ __x_______ __________

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6. 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 ---$150,000.00 from the State of New Jersey Dept. of Community Affairs Smart Future Planning Grant for Plan Endorsement. TOWNSHIP OF UPPER RESOLUTION RES. NO. 178-2004 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 $ 150,000.00 FROM THE STATE OF NEW JERSEY, DCA SMART FUTURE PLANNING GRANT PROGRAM FOR A TOTAL APPROPRIATION OF $150,000.00 AND WISHES TO AMEND ITS 2004 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 2004 IN THE SUM OF $150,000.00 WHICH IS NOW AVAILABLE AS A REVENUE FROM: REVENUE: STATE & FEDERAL REVENUE OFF-SET WITH APPROPRIATIONS: N.J. DCA SMART FUTURE PLANNING GRANT PROGRAM, AND BE IT FURTHER RESOLVED THAT A LIKE SUM OF $150,000.00 BE AND THE SAME IS HEREBY APPROPRIATED UNDER THE CAPTION OF: APPROPRIATION: STATE AND FEDERAL PROGRAMS OFF-SET REVENUE: N.J. DCA SMART FUTURE PLANNING GRANT PROGRAM, BY

BE IT FURTHER RESOLVED, THAT THE TOWNSHIP CLERK FORWARD TWO COPIES OF THIS RESOLUTION TO THE DIRECTOR OF LOCAL 11

GOVERNMENT SERVICES. Resolution No. 178-2004 OFFERED BY: McCrosson, Adopted: July 26, 2004 ROLL CALL VOTE: NAME YES Camp ___x_______ Corson ___x_______ McCrosson ___x_______ Newman ___________ Palombo ___x_______ SECONDED BY: Camp NO ABSTAINED __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ ABSENT __________ __________ __________ __x_______ __________

7. Authorizing the execution of an Interlocal Services Agreement with The Township of Middle and the Township of Dennis to administer and perform the obligations of a Grant/Loan Agreement with the State of New Jersey Department of Community Affairs. TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 179-2004 RE: AUTHORIZING THE EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT WITH THE TOWNSHIP OF MIDDLE AND THE TOWNSHIP OF DENNIS TO ADMINISTER AND PERFORM THE OBLIGATIONS OF A GRANT/LOAN AGREEMENT WITH THE STATE OF NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS ___________________________________________________________ WHEREAS, N.J.S.A. 40:8A-1, et the seq., Interlocal provides Services that any Act, local

governmental unit may enter into a contract with any other local governmental unit or units for the joint provision within their several jurisdictions of any service which any party to the agreement was empowered to render within its own jurisdiction; and WHEREAS, the Interlocal Services Act (ΑAct≅)

further provides that the parties to an Interlocal Services Contract may agree to provide 12 jointly, or through the

agency of one or more of them on behalf of any or all of them, any service or aspect of a service which any of the parties on whose behalf such services are to be performed may legally perform for itself; and WHEREAS, the Township of Upper has indicated a willingness to enter into an Interlocal Services Agreement with the Township of Middle and the Township of Dennis

whereby the Township of Upper will act as the lead agency to prepare an inter-municipal plan entitled ΑRoute Nine

Corridor Smart Growth Plan for Upper, Middle and Dennis Townships≅ (hereinafter the ΑPlan≅) pursuant to a Grant

Agreement (No. 04-0237-00) with the New Jersey Department of Community Affairs, Office of Smart Growth, subject to the terms and conditions set forth in said Agreement; and WHEREAS, the Township Committee of the Township of Upper deems that an Interlocal Services Agreement with the Township of Dennis and the Township of Middle for the purposes expressed herein is in the mutual interest of all parties and also is in the public interest and that such program will promote the public health, safety and welfare; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee, the governing body of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

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1. INTERLOCAL SERVICES AGREEMENT. Pursuant to the provisions of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., the Township of Upper is hereby authorized and empowered to enter into an Interlocal Services Agreement with the Township to of the of Dennis and the Township the of of New Smart Middle Jersey Growth

pertaining Department

Grant

Agreement Affairs,

with

Community

Office

pertaining to the Plan. 2. Interlocal SERVICES Services TO BE PROVIDED BY CONTRACT. in The

Agreement

authorized

paragraph 1

hereof shall cover those services which are enumerated in said Agreement, a copy of which is of record in the office of the Township Clerk and is available for public

inspection. 3. appropriate AUTHORIZATION Township TO MUNICIPAL and OFFICIALS. are The

officers

officials

hereby

authorized to take any action necessary or advisable to carry out the intent the Mayor and and purpose of this Clerk Resolution. are hereby

Specifically,

Township

authorized and directed to execute such Interlocal Services Agreement on behalf of the Township of Upper pursuant to the authority conferred by this Resolution. The Township Clerk is further authorized and directed to seal said

Agreement with the official seal of the Township of Upper.

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4. Interlocal Upper,

COMPLIANCE Services and

WITH

STATUTORY between meet as

REQUIREMENTS. the and be Townships satisfy amended

The of the and

Agreement Middle

Dennis of

shall

requirements supplemented.

N.J.S.A. 40:8A-6,

may

5. CONTRACT TERM. This Resolution authorizes an Interlocal Services Contract for such time as is necessary to complete, administer and perform the obligations set

forth in the Grant Agreement (No. 04-0237-00) with the New Jersey Growth Department or until of such Community time as Affairs, the Office of Smart

Interlocal

Services

Contract is modified by mutual agreement of the parties in accordance with the Interlocal Services Act. 6. SEVERABILITY. If any action, subsection,

paragraph, sentence or other part of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Resolution, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Resolution directly involved in the controversy in

which said judgment shall have been rendered and all other provisions of this Resolution shall remain in full force and effect.

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7.

REPEALER.

All

Resolutions

or

parts

of

Resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency only. 8. COST OF AGREEMENT. Any and all obligations of

the Township of Upper pursuant to the Interlocal Services Agreement shall be contingent upon receipt of all grant funding and all such required costs and expenses from the New Jersey Department of Community Affairs, Office of Smart Growth. 9. EFFECTIVE DATE. This Resolution shall take

effect immediately upon final adoption and publication in the manner provided by law. Resolution No. 179-2004 Offered by: McCrosson, Seconded by: Corson Adopted: July 26, 2004 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp _____x_____ __________ __________ __________ Corson _____x_____ __________ __________ __________ McCrosson _____x_____ __________ __________ __________ Newman ___________ __________ __________ __x_______ Palombo _____x_____ __________ __________ __________ 8. Authorizing the Township of Upper to enter a Grant Agreement with the Jersey Office of Smart Growth to prepare a Regional Redevelopment plan focused on Center Based Development pursuant to an Interlocal Services Agreement with the Townships of Dennis and Middle.
TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 180-2004 RE: AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER A GRANT AGREEMENT WITH THE NEW JERSEY OFFICE OF SMART GROWTH TO PREPARE A REGIONAL REDEVELOPMENT PLAN FOCUSED ON CENTER BASED DEVELOPMENT PURSUANT TO AN INTERLOCAL SERVICES AGREEMENT WITH THE TOWNSHIPS OF DENNIS AND MIDDLE

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_________________________________________________________________ WHEREAS, the Township of Upper has or will enter into an Interlocal Services Agreement with the Townships of Dennis and Middle to administer and to perform the obligations set forth in a Grant Agreement with the New Jersey Department of Community Affairs, Office of Smart Growth to prepare a regional

redevelopment plan focused on center based development in Upper Township, Dennis Township and Middle Township; and WHEREAS, the Township of Upper has received a grant in the amount of $150,000.00 to act as lead agency pursuant to said Interlocal Services Agreement and in order to utilize said grant and proceed with preparation of the said regional redevelopment plan the Township of Upper must enter into the aforesaid Grant Agreement; and WHEREAS, the Township Committee of the Township of Upper has determined that it is in the best interest of the Township of Upper to proceed with said Grant Agreement with the New Jersey Department of Community Affairs, Office of Smart

Growth. 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 the Township Clerk are hereby

authorized and directed to execute, on behalf of the Township of Upper, the Grant Agreement with the New Jersey Department of

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Community Affairs, Office of Smart Growth (No. 04-0237-00), a copy of which is attached hereto as Exhibit A. 3. Notwithstanding the foregoing, prior to the

execution of said Grant Agreement, the Township of Upper must enter into the appropriate Interlocal Services Agreement with the Townships of Dennis and Middle. 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. 180-2004 Offered by: McCrosson, Seconded by: Camp Adopted: July 26, 2004 Roll Call Vote: YES NO ABSTAINED NAME Camp x Corson x McCrosson x Newman _ Palombo x

ABSENT _____ ______ ______ ___x__ ______

9. Appointment of Maser Consulting P.A. to assist the Township of Upper in the preparation of an initial Plan Endorsement Report for submission to the New Jersey Office of Smart Growth pursuant to an Interlocal Services Agreement with the Townships of Dennis and Middle.
TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 181-2004 RE: APPOINTMENT OF MASER CONSULTING P.A. TO ASSIST THE TOWNSHIP OF UPPER IN THE PREPARATION OF AN INITIAL PLAN ENDORSEMENT REPORT FOR SUBMISSION TO THE NEW JERSEY OFFICE OF SMART GROWTH PURSUANT TO AN INTERLOCAL SERVICES AGREEMENT WITH THE TOWNSHIPS OF DENNIS AND MIDDLE _________________________________________________________________ WHEREAS, the Township of Upper has entered into an Interlocal Services Agreement with the Townships of Dennis and Middle wherein Upper Township shall act as lead agency pursuant

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to a Grant Agreement with the New Jersey Department of Community Affairs, Office of Smart Growth the purpose of which is to

prepare a regional redevelopment plan focused on center based development in each of the participating municipalities; and WHEREAS, the Township of Upper, as lead agency,

requires a planner to prepare an Initial Plan Endorsement Report on behalf of the three municipalities and pursuant to said Grant Agreement with the Office of Smart Growth; 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. Maser Consulting, P.A. with offices at

43A Newburgh Road, Suite 100, Hackettstown, New Jersey is hereby appointed Professional Planner to prepare and submit an Initial Plan Endorsement Report to the New Jersey Office of Smart Growth. 3. exceed the The term of this contract is for a period not to of time necessary for completion of the

length

aforesaid project, 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 Αprofessional service≅ in accordance with

N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public Contract Law because Maser Consulting P.A. has professional knowledge as

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to

municipal

planning

issues

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:115(1)(a) to Maser Consulting P.A. for planning 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. The entire funds required for this Contract shall

be made available to the Township pursuant to a grant from the New Jersey Office of Smart Growth. 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 must be provided to the governing body and shall be attached to this Resolution and kept in the files of the municipal clerk. 6. This Resolution hereby repeals Resolution No. 1512004 adopted June 28, 2004. Said Resolution was adopted in error

prior to the requirement by the Office of Smart Growth that an interlocal services agreement must be entered into among the

Townships of Upper, Dennis and Middle wherein Upper will be the contracting party for all services under the Grant Agreement. 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 Maser Consulting P.A. in

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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. 9. This Resolution shall be effective as of adoption. Camp

Roll Call Vote: NAME YES NO Camp ____x______ __________ Corson ____x______ __________ McCrosson ____x______ __________ Newman ___________ __________ Palombo ____x______ __________

Resolution No. 181-2004 Offered by: McCrosson, Seconded by: Adopted: July 26, 2004

ABSTAINED ABSENT __________ __________ __________ __________ __________ __________ __________ __x________ __________ __________

10. Authorizing the execution of a NJDEP TWA-1 application Statements of Consent form regarding Block 794, Lots 3 & 4.
TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 182-2004 RE: AUTHORIZING EXECUTION OF NJDEP TWA-1 APPLICATION STATEMENTS OF CONSENT FORM REGARDING BLOCK 794, LOTS 3 & 4 _______________________________________________________________________ WHEREAS, Joseph E. Marley has or is about to make application to the New Jersey Department of Environmental Protection (hereinafter ΑDEP≅) for Treatment Works Approval and has requested that the Township complete a portion of DEP Form No. WQM-003, which merely consents to the submission of the application to the DEP and certifies that the project, as proposed, conforms with the requirements of all municipal Ordinances and does not otherwise impose any obligation or liability on the Township; and WHEREAS, Mr. Marley must apply to the New Jersey Department of Environmental Protection for Treatment Works Approval in order to construct a permanent holding tank to handle sewage generated from a single family dwelling located

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at 1604 Commonwealth Avenue, Block 795, Lots 3 and 4 on the municipal tax map of Upper Township, New Jersey; and WHEREAS, the Township Engineer has informed the Township Committee as to the general nature of the project and has indicated that the Township has no ordinance prohibiting such permanent holding tank; and WHEREAS, the matter has been considered by the Township Committee and it has been determined that the consent by the Governing Body should be granted to this application to permit the application process to go forward; and WHEREAS, the Township Committee wishes to authorize the Township officials to execute said documentation; 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 is hereby authorized to execute on behalf of the Township of Upper a Statements of Consent, Section A-1, in the form attached hereto as Exhibit ΑA≅ and said consent shall be completed by inserting therein this Resolution number and the date of its adoption. 3. This Statements of Consent is submitted in conjunction with the

application of Joseph E. Marley for treatment works approval for the Marley residence at Lots 3 and 4, Block 794 on the municipal tax map. 4. A certified copy of this Resolution shall be provided to the applicant. Resolution No. 182-2004 Offered by: Corson, Seconded by: McCrosson Adopted: July 26, 2004 Roll Call Vote: YES NO ABSTAINED ABSENT NAME Camp __x_______ __________ __________ __________ Corson __x_______ __________ __________ __________ McCrosson __x_______ __________ __________ __________ Newman __________ __________ __________ __x________ Palombo __x_______ __________ __________ __________ Distribution:

22

-Joseph L. Youngblood, Attorney for Joseph E. Marley -Paul E. Dietrich, Sr., P.E., Township Engineer -Edward Kenney, Upper Township Construction Official and Acting Plumbing Sub-Code Official

11. Authorizing the execution of certain access license with Geologic Services Corporation as representative of Exxon Mobil Corporation. TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION RESOLUTION NO. 183-2004 RE: AUTHORIZING THE EXECUTION OF CERTAIN ACCESS LICENSE WITH GEOLOGIC SERVICES CORPORATION AS REPRESENTATIVE OF EXXON MOBIL CORPORATION. _________________________________________________________________ WHEREAS, Exxon Mobil Corporation has retained the firm of Geologic Services Corporation, Hydrogeologists and Environmental Scientists, with offices at 1AAA Drive, Suite 203, Robbinsville, New Jersey 08691 (hereinafter ΑGeologic≅), for the purpose of conducting an environmental investigation at the site of the former Exxon Service Station located at the intersection of Route 50 and New Jersey Avenue in Tuckahoe, Township of Upper, County of Cape May and State of New Jersey, also known as Block 322, Lots 12 & 13, Block 323, Lots 21 & 22, Block 324 Lots 2 & 3; and WHEREAS, Geologic has requested the Township to approve and execute a certain Access License, as more particularly described below; and WHEREAS, the Site Access License requests that the Township grant access to Geologic for the purpose of clearing trees and shrubs to access the proposed well locations and to periodically sample groundwater, a copy of which License is annexed hereto as Exhibit ΑA≅; and WHEREAS, the Site Access License seeks permission to install five (5) monitoring wells and to provide access for the purpose of installing and servicing said

23

monitoring wells at Block 322, Lots 12 & 13, Block 323, Lots 21 & 22, Block 324 Lots 2 & 3; and WHEREAS, the nature, extent and scope of the project is more particularly set forth in a narrative letter from Geologic and dated July 12, 2004, a copy of which is annexed to this Resolution as Exhibit “B”; and WHEREAS, the proposed Access License has been reviewed by the Municipal Attorney and by the Municipal Engineer, both of whom have recommended to the Township Committee that said License be approved; 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. reference. 2. The Township is hereby authorized to enter into the Access License described in this Resolution for the purposes aforesaid and the Mayor and Township Clerk are hereby authorized, directed and empowered to execute said License on behalf of the Township of Upper. 3. The approval granted in this Resolution is expressly contingent upon Geologic Services Corporation providing the Township with a Certificate of Insurance providing combined single limit insurance of at least $1 million dollars, including contractual liability coverage for independent contractors, and explosion, collapse, and underground coverage. Resolution No. 183-2004 Offered by: Corson, Seconded by: Palombo Adopted: July 26, 2004 Roll Call Vote: YES NO ABSTAINED ABSENT NAME 24 The allegations of the preamble are incorporated herein by this

Camp Corson McCrosson Newman Palombo

___x_______ __________ __________ ___x_______ __________ __________ ___x_______ __________ __________ ___________ __________ __________ ___x_______ __________ __________

__________ __________ __________ __x_______ __________

12. Authorizing the Upper Township Tax Collector to extend the 3rd Quarter Grace Period. TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION Resolution No. 184-2004 AUTHORIZING THE UPPER TOWNSHIP TAX COLLECTOR TO EXTEND THE 3RD QUARTER GRACE PERIOD WHEREAS, the tax rate or bills were not received in time to meet the statutory mailing and due dates, the grace period for the 3rd quarter of 2004 which is usually 10 days, will be extended to meet the statutory requirements as per N.J.S.A. 54:4-66.3d . (N.J.S.A.54:4-67) By law, the bills must be mailed 25 days prior to due date. NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Upper, Cape May County, that in accordance with the law the third quarter of 2004 shall not be subject to interest until 25 days after mailing. Anyone paying after the extended grace period shall pay interest from the due date of August 1st.
Resolution No. Offered by: Corson, Adopted: July 26, 2004 184-2004 Seconded by: McCrosson

Roll Call Vote: NAME YES Camp _____x_____ Corson _____x_____ McCrosson _____x_____ Newman ___________ Palombo _____x_____

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

ABSENT __________ __________ __________ __x_______ __________

13. Authorizing the execution of an agreement with William and Bridget Bailey for the sale of an easement over Block 386, 387 and 388 on the official Tax Map of Upper Township, New Jersey. 25

TOWNSHIP OF UPPER CAPE MAY COUNTY R E S O L U T I O N RESOLUTION NO. 185-2004 RE: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLIAM AND BRIDGET BAILEY FOR THE SALE OF AN EASEMENT OVER BLOCKS 386, 387 AND 388 ON THE OFFICIAL TAX MAP OF UPPER TOWNSHIP, NEW JERSEY ___________________________________________________________ WHEREAS, William and Bridget Bailey are the

owners of certain real property located in Block 383, Lot 2 on the official tax map of Upper Township; and WHEREAS, the Township of Upper, State of New

Jersey is also the owner of certain real property located in Blocks 386, 387 and 388 on the official tax map of Upper Township, New Jersey; and WHEREAS, William and Bridget Bailey have proposed to Upper Township the purchase of an easement area over Blocks 386, 387 and 388; and WHEREAS, said sale of easement area also calls for the Township to vacate portions of Maine Avenue and Pennsylvania Avenue; and WHEREAS, the aforesaid terms and conditions of

the proposed sale agreement are set forth in detail in the copy of said agreement attached hereto as Exhibit A and incorporated herein as though set forth at length; and WHEREAS, the Township Committee has determined

that it is in the best interest of the Township to enter into said agreement for the sale of an easement and that 26

the

easement

to

be

sold

by

the

Township

is

no

longer

necessary for a public purpose; 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 Committee of the Township of

Upper finds it in the best interest of the Township to enter into an agreement with William and Bridget Bailey for the sale of an easement contained in Blocks 386, 387 and 388 on the official tax map of the Township of Upper as set forth in the attached Schedule A hereto. 3. authorized The Mayor and the Township Clerk are hereby and directed to execute, on behalf of the

Township of Upper, the appropriate agreement with William and Bridget Bailey. Upon execution by all parties thereto

said contract shall become effective. 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. 185-2004 Offered by: Camp, Seconded by: McCrosson Adopted: July 26, 2004 Roll Call Vote: NAME YES NO ABSTAINED ABSENT Camp ___x_______ __________ __________ __________ 27

Corson McCrosson Newman Palombo

___x_______ ___x_______ ___________ ___x_______

__________ __________ __________ __________

__________ __________ __________ __________

__________ __________ _x________ __________

ORDINANCES 14. Introduction and First Reading of Ordinance No. 008-2004, RE: AN ORDINANCE AUTHORIZING THE SALE OF AN EASEMENT ACROSS VACANT GROUND WITHIN THE TOWNSHIP OF UPPER AND SUBJECT TO CERTAIN TERMS AND CONDITIONS.
TOWNSHIP OF UPPER CAPE MAY COUNTY O R D I N A N C E ORDINANCE NO. 008-2004 RE: AN ORDINANCE AUTHORIZING THE SALE OF AN EASEMENT ACROSS VACANT GROUND WITHIN THE TOWNSHIP OF UPPER AND SUBJECT TO CERTAIN TERMS AND CONDITIONS _________________________________________________________________ WHEREAS, the Township of Upper is the owner, in fee, of certain parcels of vacant ground located within the Township of Upper, County of Cape May and State of New Jersey; and WHEREAS, the Township has received a request from

William Bailey to purchase an easement with access across such lands; WHEREAS, after discussion and deliberation, the

Township Committee is of the opinion that the sale will be in the best interest of the Township; NOW, THEREFORE, BE IT ORDAINED by the Township of

Upper, in the County of Cape May and State of New Jersey, as follows: SECTION 1: Subject to the provisions hereafter set

forth, the Township of Upper is authorized to sell, to the only contiguous owners, William and Bridget Bailey in accordance with

28

N.J.S.A.

40A:12-13(b),

certain

lands

owned

by

it

more

particularly described as follows: The Township lands to be conveyed to William and Bridget Bailey are as follows: An easement over Blocks 386, 387 and 388 on the

current municipal tax map more particularly described as follows: BEGINNING at a point in the Southeasterly line of Mount Pleasant-Tuckahoe Road (County Route No. 664, 40' wide). Said when of point being 244.0 along feet said Road,

Southwestwardly, Southeasterly line

measured

Mount

Pleasant-Tuckahoe

from its intersection with the Southwesterly line of Arctic Avenue (unimproved, 50' wide), Thence; 1. North 76 degrees, 04 minutes, 18 seconds East, through a portion of Tax Block 388, Maine Avenue (improved, 50' wide) and Tax Block 387, a

distance of 402.29 feet to a point, Thence; 2. South 47 degrees, 28 minutes, 02 seconds East, through a portion Avenue of Tax Block 50' 387 and a

Pennsylvania

(unimproved,

wide),

distance of 145.89 feet to a point, Thence; 3. North 47 degrees, 52 minutes, 05 seconds East, through a portion 50' of Pennsylvania and to Tax a Block point Avenue 386, in a

(unimproved, distance of

wide)

183.69

feet

the

division line between Tax Block 386 and Tax Lot 2 in Tax Block 383, Thence;

29

4.

South 25 degrees, 20 minutes, 54 seconds East, along the division line between Tax Block 386 and Tax Lot 2 in Tax Block 383, a distance of 30.48 feet to a point, Thence;

5.

South 74 degrees, 52 minutes, 05 seconds West, through a portion Avenue of Tax Block 50' 386 and a

Pennsylvania

(unimproved,

wide),

distance of 205.61 feet to a point, Thence; 6. North 47 degrees, 28 minutes, 02 seconds West, through a portion 50' of Pennsylvania and Tax Block Avenue 387, a

(unimproved,

wide)

distance of 146.30 feet to a point, Thence; 7. South 76 degrees, 04 minutes, 18 seconds West, through a portion of Tax Block 287, Marine Avenue (unimproved, 50' wide) and Tax Block 388, a

distance of 395.85 feet to a point, Thence; 8. North 03 degrees, 55 minutes, 58 seconds East, along the Southeasterly line of Mount PleasantTuckahoe Road (County Route No. 644, 20' from the centerline thereof), a distance of 31.52 feet to the point and place of BEGINNING. SECTION 2: The sale of an easement authorized in

Section 1 hereof is expressly conditioned and contingent upon the following:

(2)

Prior to the introduction of any Ordinance, the parties shall have the first executed of an the Said

agreement

detailing

specifics

entire transaction between the parties. 30

agreement

shall

be

contingent

upon

the

adoption, in final form, of the appropriate ordinance or ordinances authorizing the sale of an easement and providing for the vacation of a portion of Maine Avenue and a portion of Pennsylvania Avenue. The terms and

provisions of said agreement are expressly made conditions of this sale of an easement authorization. (3) An appraisal shall be made with respect to the easement to be sold by an independent appraiser mutually agreed upon by the

Township and other parties.

This appraisal

shall be for the purpose of confirming the value of the easement to be sold by the

Township to William and Bridget Bailey. (4) The total cost of such appraisal shall be borne by William and Bridget Bailey. (5) A title report shall be prepared by a title abstracting company and title underwriter

acceptable to the parties.

That title report

must, at a minimum, provide evidence that the easement area to be sold is owned, in fee simple, by the Township, that title is

marketable and insurable at regular rates and that there are no liens, encumbrances or

conditions, reservations or restrictions of record intended which use would of 31 interfere property with by the the

the

designated Grantee; provided however, William and Bridget Bailey understand and agree that the Township makes NO promise, warranty or representation as to the quality,

marketability or insurability of title to the easement area. William and Bridget Bailey

may waive this condition in writing, with the understanding that the Township makes no

promise or representation as to the validity, marketability or insurability of the title to the easement area. (6) The agreement between that the the parties sale shall of an

expressly

provide

easement and all contingencies and conditions contained in said agreement are inter-

dependent and one shall not occur without the other. To that end, the parties agree that

the exchange shall occur simultaneously. The Township may withdraw the vacation ordinance from consideration in the event the sale of lands and the exchange of lands for whatever reason does not occur. (7) William and Bridget Bailey shall pay for the

cost of the appraisal and the title report and The all title company shall of the settlement the cost charges. of the the

Township

bear

preparation easement to

deed and

conveying Bridget

William

Bailey.

William and Bridget Bailey shall be solely 32

responsible for the cost of title insurance covering Township. (8) William and Bridget Bailey shall also be the easement received by the

responsible for all legal fees and costs of the Township in regard to this transaction. Upon execution of this agreement, William and Bridget Bailey shall deposit the sum of

$750.00 with the Township Clerk to cover said fees. SECTION 3: EFFECTIVE DATE: This Ordinance shall take effect 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 26 DAY OF July, 2004 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 9th DAY OF August, 2004 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 TOWNSHIP OF UPPER 15. Introduction and First Reading of Ordinance No. 009-2004, RE: AN ORDINANCE VACATING PORTIONS OF CERTAIN UNIMPROVED STREETS KNOWN AS MAINE AVENUE ABUTTING BLOCK 387 AND BLOCK 388 AND PENNSYLVANIA AVENUE ABUTTING BLOCK 387 AND BLOCK 388 AS THE SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY TOWNSHIP OF UPPER CAPE MAY COUNTY ORDINANCE ORDINANCE NO. 009-2004 AN ORDINANCE VACATING PORTIONS OF CERTAIN UNIMPROVED STREETS KNOWN AS MAINE AVENUE ABUTTING BLOCK 387 AND BLOCK 388 AND PENNSYLVANIA AVENUE ABUTTING BLOCK 387 AND BLOCK 386 AS THE 33

SAME APPEAR ON THE CURRENT OFFICIAL TAX MAP OF THE TOWNSHIP OF UPPER, CAPE MAY COUNTY, NEW JERSEY. _________________________________________________________________ WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and WHEREAS, William Bailey is the owner of an individual lot in Tax Block 383 on the current Official Tax Map of the Township of Upper and said party requested the Township to vacate certain unimproved streets described in this Ordinance and has agreed to incur all costs and expenses associated therewith; and WHEREAS, William Bailey has entered into an agreement with the Township which provides for the vacating of said unimproved streets and which details numerous conditions and requirements, including the sale of an easement; and WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to construct said roadways; and WHEREAS, it is deemed to be in the public interest to vacate unimproved portions of said certain streets or rights-of-way within the Township of Upper, as hereinafter provided. NOW, THEREFORE, 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: The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished: 34

DESCRIPTION FOR THE VACATION OF THOSE UNIMPROVED STREETS IN THE TOWNSHIP OF UPPER COUNTY OF CAPE MAY, AND STATE OF NEW JERSEY BEING VACATED: A. That portion of Maine Avenue lying between Arctic Avenue and Baltic Avenue and abutting Block 388 and Block 387 as shown on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey; B. That portion of Pennsylvania Avenue lying between Arctic Avenue and Baltic Avenue and abutting Block 387 and Block 386 as shown on the current Official Tax Map of the Township of Upper, Cape May County, New Jersey. SECTION 2: EXCEPTION: This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described. SECTION 3: REPEALER: All Ordinances or parts of Ordinances inconsistent with this Ordinance 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 26th OF JULY, 2004 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 9th DAY OF AUGUST, 2004 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 TOWNSHIP OF UPPER 35

16. Introduction and First Reading of Ordinance No. 010-2004, RE: AN ORDINANCE AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER INTO A LEASE AGREEMENT WITH BEACON ANIMAL RESCUE, A NON-PROFIT CORPORATION, WITH RESPECT TO LAND AND PREMISES KNOWN AS THE UPPER TOWNSHIP ANIMAL SHELTER, BUTTER ROAD, PALERMO, NEW JERSEY FOR A NOMINAL CONSIDERATION. Due to a publishing problem, Second Reading and Public Hearing will be held on August 23, 2004 at the 4:00 P.M. meeting.
TOWNSHIP OF UPPER CAPE MAY COUNTY O R D I N A N C E ORDINANCE NO. 010-2004 AN ORDINANCE AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER INTO A LEASE AGREEMENT WITH BEACON ANIMAL RESCUE, A NONPROFIT CORPORATION, WITH RESPECT TO LAND AND PREMISES KNOWN AS THE UPPER TOWNSHIP ANIMAL SHELTER, BUTTER ROAD, PALERMO, NEW JERSEY FOR A NOMINAL CONSIDERATION.

BE IT ORDAINED by the Township Committee, the Governing Body of the Township of Upper, in the County of Cape May and State of New Jersey, as follows: SECTION Township 1: FACTUAL hereby FINDINGS expressly AND finds DETERMINATIONS: and determines The the

Committee

following: (A) Pursuant to N.J.S.A. to lease 40A:12-14, any real a municipality is

authorized

property,

capital

improvement or personal property not needed for public use and which is not otherwise dedicated or restricted pursuant to law. (B) N.J.S.A. 40A:12-14(c) further provides and authorizes a lease to a non-profit corporation for a public

purpose, provided that such Lease shall be authorized by Ordinance and further authorizes such Lease for a

36

nominal consideration. and mandates that the

Said Statute further requires non-profit corporation Body in as file more 4

annual

reports

with

the and

Governing required

particularly hereof. (C)

described

Section

N.J.S.A. 40A:12-15 sets forth the purposes for which Leases for a public purpose may be made and provides a maximum term for a leasehold and expressly authorizes such Lease for the promotion of the health, safety, morals and general welfare of the community of any non-profit corporation or association (N.J.S.A.

40A:12-15(i)). (D) It has been represented to the Township Committee that Beacon Animal Rescue, Inc. is a non-profit corporation organized and existing under the laws of the State of New Jersey and in good standing and the upon Township those

Committee

accepts

and

relies

representations made by or on behalf of Beacon Animal Rescue, Inc. and the Township Committee further finds that Beacon Animal Rescue, Inc. meets the requirements of N.J.S.A. 40A:12-15(g) and (i). (E) The activities the of Beacon and Animal care Rescue, any Inc. abused will or

promote

rescue

for

discarded domestic animal, spay/neuter and vaccinate them, and place them in suitable homes. SECTION 2: The Township of Upper is hereby authorized to enter into a Lease Agreement with Beacon Animal Rescue, Inc. for the lease of the Upper Township Animal Shelter, Butter Road,

37

Palermo, New Jersey. year.

Said Lease shall be for a term of one (1)

Said Lease may thereafter be renewed for a successive term The consideration shall be nominal

or terms as permitted by law.

and shall be stated at the sum of One Dollar ($1.00) per year. Said Lease shall be prepared or approved by the Municipal

Attorney for the Township of Upper and ultimate final approval of said Lease shall be vested in the Township Committee, as the Governing Body of the Township of Upper. SECTION 3: CONDITIONS AFFECTING LEASE: The Lease authorized

in Section 2 hereof shall be expressly subject to the following terms, reservations and restrictions: (A) The property described herein shall be used by Beacon Animal Rescue, Inc. as an animal shelter subject to the terms and conditions of an Agreement to be

negotiated between the Township of Upper and Beacon Animal Rescue, Inc. which defines the rights, duties and responsibilities of the Township and Beacon Animal Rescue with respect to the maintenance and use of the property described in this Ordinance. (B) In the event that Beacon Animal Rescue, Inc. should, in the opinion of the Township Governing Body, cease to exist or unto become the inactive, of then the right is its

reserved

Township

Upper,

through

Governing Body, to terminate the Lease and to make the property described herein available to a successor

entity or group to be used for the same or similar purpose or for any other purpose permitted by law.

38

SECTION 4: RESPONSIBILITIES OF LESSEE: In N.J.S.A. 40A:12-14, as the same may, from

compliance time to

with be

time,

amended or supplemented, it shall be the responsibility of the Tenant, Beacon Animal Rescue, Inc. as the holder of a Lease for a public purpose, in to submit annually a report the to the to Township the

Committee,

writing,

setting

forth

use

which

leasehold was put during the preceding year; the activities of the Lessee undertaken in furtherance of the public purpose for which the leasehold was granted; the approximate value or cost, if any, of such activities in furtherance of such purpose; and an affirmation of the continued tax-exempt status of the non-profit corporation pursuant to both State and Federal law. Failure on

the part of the Tenant to comply with the provisions of this law or any similar law enacted by the State of New Jersey during the term of this Lease shall be cause for the termination of the Lease by action of the Township Governing Body. SECTION 5: AUTHORITY OF TOWNSHIP OFFICIALS: All Township

officers, officials and employees are hereby authorized to take all action necessary or required in order to carry out the intent and purpose of this Ordinance. Without in any way intending to

limit the generality of the foregoing, the Mayor and the Township Clerk are expressly authorized, empowered and directed to sign the Lease Agreement on behalf of the Township of Upper as Lessor and the Township Clerk is further authorized, directed and

empowered to affix the Township seal to said Lease. SECTION 6: REPEALER: All Ordinances or parts of Ordinances

inconsistent herewith are hereby repealed to the extent of such inconsistency only.

39

SECTION 7: 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 26th OF JULY, 2004 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 23rd DAY OF AUGUST, 2004 AT 4:00 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY. BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.

Jack Snyder, a board member of Animal Rescue, discussed medical expenses of the animals now at the shelter. He reported on the Township Animal Shelter presently being managed by Joanne Hill and run with volunteers during the transition period until the County is in full operation. He stated that there are many fine animals still at our shelter waiting for homes. Cheryl Alessandrine, President of Beacon Animal Rescue, stated that their organization would have all animals spayed or neutered prior to adoption. Both the Mayor and Committeewoman Barbara Camp recently visited the Twp. Animal Shelter and complimented Joanne Hill and the Beacon volunteers on their work there. CORRESPONDENCE NEW BUSINESS 17. Greater Tuckahoe Area Merchants Association, request to use the Tuckahoe River Beach for the 23rd Annual Canoe Race on August 1, 2004. Moved by Andrew McCrosson, second by Curtis Corson to grant permission to use the Tuckahoe River Beach. During roll call vote all Committee members present voted in the affirmative. UNFINISHED BUSINESS: DISCUSSION 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.” Payroll: $159,914.51 Bills submitted for payment: $ 62,090.69 Moved by Andrew McCrosson, second by Richard Palombo to approve the payment of the bills. During roll call vote all four Committee members present voted in the affirmative.

40

REPORT OF MUNICIPAL DEPARTMENTS: 18. Tax Office--Certification of the Mailing of the Tax Bills-motion by Andrew McCrosson, second by Richard Palombo to accept the certification. During roll call vote all four Committee members voted in the affirmative. 19. Animal Control 20. MUA Report 21. Zoning Office Reports are available in the Clerk’s Office for review. PUBLIC COMMENT Ruth Wolforth, asked if Upper Township charges impact fees on property owners. Mr. Young explained that we do not have impact fees but that sometimes developers of major subdivisions make a contribution to a recreation trust fund in lieu of building a small playground in the subdivision. Those fees as well as funds from land sales are being used to develop a centralized recreation site--the Amanda’s Field Complex. Also, prior to the installation of water lines along Rt. 9 there were fees that developers could calculate for fire district support. He explained that there is legislation pending on the type of impact fees Mrs. Wolforth is speaking of. He commented that this is something to look into when adopted as it could help us with infrastructure and possibly our schools. She also asked if Upper Township has reached its limit for development. Mr. Dietrich explained the grant just received for the State program called Smart Growth will help us determine that. The study will look at each large parcel of land for its potential for further development to give us a true picture of the development potential in Upper Township. Mr. Dietrich commented that when looking at vacant ground in residential areas, approximately 5% or 400 acres of the Township that is currently vacant but not necessarily buildable. He stated that 57% of the Township is currently classified in Wetlands that further restricts development. She commented that even Ocean City uses our infrastructure everyday. They are taking down little bungalows and constructing multi-family homes with more people every year using our infrastructure and we receive no contributions She briefly discussed the 911 Report. Robert Steck, representative from the School Board, discussed the school roof project and thanked the Committee for the participation of the Township Engineer in the project and for the funds contributed by the Township. He discussed that Legislative Bills S-1701 and A-99 will have a dramatic impact on school budgets for next year. He suggested consulting the State School Board Association’s web site for more information as to how it will impact our choices that are made in the schools. He discussed a recent newspaper story and the implication of a Charter School on the school district. There being no further Public Comment motion was made by Andrew McCrosson second by Barbara Camp to close the regular portion of the meeting and go into an executive session. CLOSED SESSION 41

22. 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 ADJOURNMENT There being no further business this evening the meeting was adjourned at 6:00 P.M. Next meeting to be August 9, 2004 at 7:30 P.M. Minutes prepared by Wanda Gaglione, RMC Municipal Clerk Bill List
036549 036550 036551 036552 036553 036554 7,981.65 036555 036556 036557 129.20 036558 036559 40.00 036560 036561 036562 036563 036564 036565 036566 036567 036568 036569 036570 036571 036572 036573 036574 036575 036576 036577 036578 036579 036580 036581 036582 036583 036584 036585 036586 036587 036588 036589 036590 036591 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 07/26/04 A0004 A0006 A0018 A0023 A0028 A0050 A0087 A0097 B0018 B0104 C0030 C0134 C0138 C0143 C0160 C0167 C0174 C0201 D0016 D0026 D0040 D0054 D0087 D0105 E0016 F0028 F0061 G0002 G0008 G0016 G0021 G0028 G0096 H0002 H0004 H0018 H0073 J0002 J0004 J0014 L0018 L0034 L0054 A+ COMMERCIAL OFFICE CLEANERS ADVANCE TREADS INC ACTION SUPPLY INC. ADAMS, JOHN ADVANTAGE RENTAL CENTER INC. ALL STAR SPORT CENTER AT & T ATLANTIC GOLF & TURF BARRETT,GERALD INC. BRUNETTI,WALTER,SR. CAMP, BARBARA COASTAL AUDIO COASTAL PLUMBING & HEATING INC CODY'S POWER EQUIPMENT CONECTIV POWER DELIVERY CONNOR,RICH E. COSTANZO,TONY CRUZAN'S TRUCK SERVICE INC. DALEY,FREDERICK T/A DALEYS PIT DEAUGUSTINE, JOE DELTA DENTAL PLAN OF N.J. INC. DiNARDO, BRUCE DUGAN, MAGGIE DANONE WATERS OF NORTH AMERICA ERCO CEILINGS & BLINDS INC FINNAREN & HALEY PAINTS,INC. FOX ELECTRIC SUPPLY COMPANY GAGLIONE, WANDA GALLO GMC TRUCK SALES INC. GARDNER HARDWARE INC. GARTLAND, JOSEPH, INC. GENTILINI FORD GRUND, GEORGE H.A. DEHART & SON CORP. HARNEY, CAITLIN HAROLD RUBIN/L & H SUPPLY HOME DEPOT CRC/GECF J.P. COLLINS CO. JACKSON, JAMES JC MILLER CO. LANIER WORLDWIDE, INC. LAYTON, BRENDA MRS. LEICA GEOSYSTEMS INC. 175.00 1,115.00 410.08 251.13 1,636.13 935.41 97.50 548.00 245.00 93.00 24.95 30.98 2,080.00 510.00 494.47 320.00 20.00 4,367.71 1,078.00 100.00 471.20 1,228.20 622.91 1,853.76 97.80 57.87 214.04 115.79 138.70 80.00 588.74 50.00 120.88 1,174.76 1,114.72 1,240.00 1,013.08 290.91 40.00 6,485.78

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036592 07/26/04 M0052 MARSHALL,KEN 036593 07/26/04 N0026 N.J. RECREATION & PARK ASSOC. 036594 07/26/04 N0114 NORTHERN TOOL & EQUIPMENT CO. 036595 07/26/04 P0032 PEDRONI FUEL CO. 036596 07/26/04 P0034 PEIFER, SUSAN R. 036597 07/26/04 P0037 PENNSYLVANIA JERSEY CONCRETE 036598 07/26/04 P0064 PITNEY BOWES CREDIT CORP. 036599 07/26/04 P0084 PROGRESSIVE BUSINESS PUBLICATI 036600 07/26/04 Q0008 QUILL CORPORATION 036601 07/26/04 R0004 RADIO SHACK 036602 07/26/04 R0030 RIGGINS, INC. 036603 07/26/04 R0046 ROGERS USA, INC. 036604 07/26/04 S0054 SENN, FRANCES 036605 07/26/04 S0122 SOMERS POINT LUMBER INC. 036606 07/26/04 S0123 SPEAR, MICHAEL 036607 07/26/04 S0134 SO. JERSEY GAS COMPANY 036608 07/26/04 S0139 SO. JERSEY WATER COND. INC. 036609 07/26/04 T0032 THE PRESS & SUNDAY PRESS 036610 07/26/04 T0034 THE PAPER OF U.T./GAZETTE 036611 07/26/04 T0044 THOMSON, KERRY AGENCY 036612 07/26/04 T0067 TOWNSHIP OF UPPER PETTY CASH 036613 07/26/04 T0077 TREASURER, STATE OF NEW JERSEY 036614 07/26/04 T0095 TRI-COUNTY ANIMAL CONTROL 036615 07/26/04 T0097 TRICO EQUIPMENT INC. 036616 07/26/04 T0101 TRI-COUNTY BUILDING SUPPLIES,I 036617 07/26/04 T0103 TROPICANA CASINO & RESORT 036618 07/26/04 U0002 U.T. BASKETBALL ASSOCIATION 036619 07/26/04 U0011 UPPER TOWNSHIP BASEBALL 036620 07/26/04 U0025 UNITED STATES POSTAL SERVICE 036621 07/26/04 U0026 UNIVERSAL SUPPLY CO.INC. 036622 07/26/04 V0002 V.W. EIMICKE ASSN, INC. 036623 07/26/04 V0022 VERIZON 036624 07/26/04 W0016 WARRINGTON,MARILYN 036625 07/26/04 W0033 WAECHTER,JONATHAN 036626 07/26/04 W0038 WILLIAMS, JEREMIAH J. 036627 07/26/04 W0046 WILLSON INDUSTRIES,INC. 036628 07/26/04 W0060 WOOLLEY, THOMAS 036629 07/26/04 Y0012 YOUNG,ROBERT 036630 07/26/04 Y0020 YOUNG, BARBARA L. -------------------------------------------------------------------------------Total Paid: $62,090.69 --------------------------------------------------------------------------------

100.00 175.00 412.42 1,147.47 57.20 376.00 585.00 299.00 457.09 55.33 2,845.47 166.90 20.00 122.67 261.48 75.48 333.00 82.76 60.18 171.50 32.87 25.00 2,000.00 229.92 143.84 224.00 6,311.00 1,200.00 2,000.00 223.40 211.91 1,406.74 16.00 220.00 121.98 84.80 16.00 124.93 12.00

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