April 7, 2008 6:00 pm
REGULAR MEETING
FLAG SALUTE
THIS MEETING IS BEING
RECORDED:
I hereby declare that
notice has been given to the Herald Times, the Atlantic City Press and posted
on the bulletin board of the Middle Township Municipal Building, stating the
time and place of the following meeting, as required in P.L. 1975, Chapter 231
of the State of New Jersey. (Sunshine Law).
The Township Committee met
on the above date at 6:00 PM at the
1.
ORDINANCE NO.
1290-08 – TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO
ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) CALENDAR YEAR 2008 –
Following second reading, hearing, and consideration for adoption, Ordinance
1290-08 was adopted on motion by Committeemember Barry seconded by
Committeemember DeLanzo and
passed on roll call. Complete Ordinance is on file in the Clerk’s Office.
Peggy Mathis – Explain Cap Bank
G. Ortman – Ordinance
allows an increase from 2 ½% to 3% and allows for what ever is not used
this year to be used next year.
Lois Shuman – asked if the Host Community
Benefit is in the budget
Mayor Doughty – indicated that that topic is
not applicable to this public hearing.
2.
ORDINANCE NO.
1291-08 – AN ORDINANCE VACATING A PORTION OF VICK STREET AND A PORTION OF
WILEY STREET – Following second reading, hearing, and consideration for
adoption, Ordinance 1291-08 was adopted on motion by Committeemember DeLanzo seconded
by Committeemember Barry and passed on roll call. Complete Ordinance is on file
in the Clerk’s Office.
3.
ORDINANCE NO.
1292-08 – ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF
THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and
consideration for adoption, Ordinance 1292-08 was adopted on motion by Mayor
Doughty seconded
by Committeemember Barry and passed on roll call. Complete Ordinance is on file
in the Clerk’s Office.
V. Pombo – does this include the new job at
$52,000.00 and also the new recreation position?
J. Alexis – includes all titles
4.
ORDINANCE NO.
1293-08 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE AUTHORIZING REAL PROPERTY TAX
EXEMPTION AND PAYMENTS IN LIEU OF TAXES FOR PROPERTY KNOWN AS BLOCK 1414.01 LOT
14 PURSUANT TO THE LONG TERM TAX EXEMPTION LAW, N.J.S.A. 40A:20-1, ET SEQ.
– Following second reading, hearing, and consideration for adoption,
Ordinance 1293-08 was adopted on motion by Mayor Doughty seconded by
Committeemember Barry and passed on roll call. Complete Ordinance is on file in
the Clerk’s Office.
J. Ravitz –
Believes that this is a bad policy for the Township to undergo any in lieu of
taxes. Most municipalities that have this have higher tax rates and it will
become a burden on the public.
P. Mathis
– Does not believe this is a good ordinance for 40yrs of a tax break. Familiar with the one in NCM. Believes
that this will not benefit “our town” to give a tax break to
Diocese. Will open door for more tax breaks “Giving money
away”
Carol Mattessich – In light of opposition wanted statement on
how ordinance came about, who recommended, how it was discussed and amount of
time given for consideration.
J. Pickering
– had meeting with Mr. Curtis Johnson and Mr. Luben.
Twp has very large low and moderate affordable housing obligation to meet with
State of New Jersey and if not the Twp. is open to a builders remedy action
which would cost the twp. taxpayer “boo coo” money. We have to
start addressing this low moderate housing obligation. And that’s what
the diocese offers in this situation. What they are
asking for is a property which is already vacant and pays less then $5000.00 in
taxes which the twp. only receives a portion of that. In lieu of the property
taxes that would be paid they instead pay 15%of the total taxes that is paid to
the twp. The twp. would then keep all of that money instead of sharing with
other tax collection agencies. Twp. would collect $35,000.00 instead of small
portion now. Would share with County as drafted in ordinance.
Diocese would be bringing in 74 housing units to twp. and would be made
available to senior citizens that qualify. I met those folks and presented the
matter to Twp. Committee through Jim Alexis and met with them directly and had
many conversations with Mr. Johnson on the phone and via email.
Mayor Doughty
–Wonderful opportunity for Diocese to step forward for the community
helping us in our COAH grants and what have you. They run a very nice and
respectable organization where these places will be kept up and we will be
proud of them.
Sarah Matthews,
Lower Twp. – Taking this is setting examples and paving the way for more
opportunities in the Twp. Generating revenue and doing the right thing.
E. Faulsey - $35,000.00 for affordable housing?
Faulsey – Do you think $35,000.00 will cover services
that twp. will have to provide?
Committeemember Barry- Payment in Lieu of taxes is 15% of rent rolls of
that 10% to twp. 5% to county. Ambulance Services will be paid by tenants all
of whom will be Medicare illegible because of their age so the cost of
ambulance service will not be an issue. Confident that Diocese will carefully select
tenants so we don’t expect an added burden on police department.
Faulsey –
Rational for 40 years? Such a long period of time
Committeemember Barry – Might seem that way to you has to do with
funding in HUD Grants
Faulsey- Requirement that it must be 40 years?
Betty McGurk – What if went into “Defunk”
can corporation sell to anyone? Private Sale?
Dolores Pantaleo – Location? High Rises?
Committeemember Barry – Across street from storage facility some
frontage there and behind those businesses
Mr. Johnson
– No more than 3 stories. Staying within
characteristics of county. Will pay for trash pickup,
water, sewer, use local vendor. Goal to be good
neighbor. It’s a way for seniors to stay in community.
Mr. Johnson
– Independent living. 1 BR apt. with full kitchens and
bath. Not nursing care. 62 years and older. Has 2 other projects:
Mr. Luben – Federal Government funds 80% 20% picked up
by State of
V. Pombo
– time frame ?
Johnson –
submit application 4-6 months for decision. 12-18 month construction time
Luben –
pre development phase 12-18 month long . Have to go
through board of adjustment and CAFRA. Senior Advisory Board designed. Works with community.
John Kingdedy – traffic around area tremendous. Police
report 626 accidents Rte 9 & 47. Wants Diecsese to streets leading away from area.
Committeemember Barry – will address 10% of COAH requirement
M. Flipski – (to Committeemember Barry) 10%? Understands
that 453 COAH units? Changed?
Committeemember Barry – yes about 700
Flipski –
Official?
Committeemember Barry – Old 2nd round requirement. New
regulations due to become final any day now
Flipksi –
Mobile home meet COAH?
J. Ravitz – Missing very important thing. When new building is
built will be new assessment around 8 million.
S. Matthews
– If you don’t meet building requirements then face Builders
remedy. Cost above then taken on by taxpayers and town is still open to COAH
responsibility
Mayor Doughty
– Lowes called and wanted tax abatement we said no way. This case look in different light. Employment
opportunities. Suggest taking a look at
Committeemember DeLanzo –
M. Flipski – Extend hearing for another meeting
Committeemember DeLanzo – will miss this years HUD cycle if we do
that. This institution is the most impressive and realistic proposition seen.
P. Mathis – Seniors
raising grandchildren?
Luben – Senior facility
only
Johnson – grandchildren visit but can not live
there.
Mathis – disabled children
Luben – only 1 bedroom units. Very raw and difficult.
Mast majority 80 years old
Pombo – provide transportation?
Johnson & Luben –
will follow guidelines of DOT. Traffic study will have to be provided.
R. Shuman – acres?
Johnson – just under
16 acres total
Shuman – touch any roads in the back?
Luben – Bldg pulled back from Shunpike. Fronts Rte
47 Corner touches Shunpike.
Shuman – Access Road? Height?
Johnson – Below 3 stories
M. Flipski – HUD
application complete?
Luben – HUD each year comes out with Notice of
Funding available. 2 parts. 1st part
issued. With 60 days of 2nd notice.
S. Matthews – Recipient of HUD funding. HUD very strict. Quick moving. They
have their finger on everything and send engineer to site.
5.
ORDINANCE NO.
1294-08 - AN ORDINANCE OF THE TOWNSHIP OF
MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $1,074,255 FOR THE SATT
BOULEVARD SANITARY SEWER PROJECT – Following second reading,
hearing, and consideration for adoption, Ordinance 1294-08 was adopted on
motion by Mayor Doughty seconded by Committeemember Barry and passed on roll
call. Complete Ordinance is on file in the Clerk’s Office.
S.
Pandidy – location
Alexis
–
6.
ORDINANCE NO.
1296-08 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE,
CHAPTER 236-41 THEREOF, ENTITLED
VEHICLES AND TRAFFIC SCHEDULE XIII “PARKING PROHIBITED AT ALL
TIMES” – On motion by Mayor
Doughty seconded
by Committeemember Barry and passed on roll call, Ordinance No 1296-08 passed
first reading. Second reading, public hearing and consideration for adoption
will be held on 05/05/2008 at 6:00 p.m.
7.
RESOLUTION NO.
138-08 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by
Mayor Doughty seconded by Committeemember Barry and passed on roll call, the
following resolution was adopted.
NOW THEREFORE BE IT RESOLVED, by the Township Committee
of the
8.
RESOLUTION NO.
139-08 – APPROVE PAYMENT FOR ALL BILLS – On motion by Committeemember
DeLanzo seconded by Committeemember Barry and passed on roll call, the
following resolution was adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Dedicated
Trust $ 11,187.57
Current Acct. $ 3,392,737.96
9.
REPORTS: The
following departments submitted their reports for the months indicated
below: Zoning Official for the month
of March; Municipal Clerk for the month of March; Tax Collector for the month of March;
Construction Official for the month of March;
10.
RESOLUTION NO.
140-08 – APPROVAL FOR PAYMENT TERMINAL LEAVE – PAUL LOEFFLAD
– On motion by Committeemember DeLanzo seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
WHEREAS,
Paul Loefflad has submitted his retirement forms with
an effective date of April 1st, 2008, and
WHEREAS,
it is the policy of
WHEREAS,
final payment is requested to be made during the month of April 2008, and
WHEREAS,
the personnel office has provided sufficient documentation verifying the amount
of time accumulated and the Finance Officer has certified that time,
NOW
THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the
Paul
Loefflad
Sick Hours 720 (capped at
$12,500)
12,500.00
Vacation Hours 58
2,198.78
Personal Hours 24 909.84
Balance
Due
$15,608.62
Payment
One April
11, 2008 $7,804.31
Payment
Two April
25, 2008 $7,804.31
11.
RESOLUTION NO. 141-08 – APPROVAL
FOR PAYMENT TERMINAL LEAVE – JEFFREY SADUK – On motion by Mayor
Doughty seconded by Committeemember DeLanzo and passed on roll call, the
following resolution was adopted.
WHEREAS,
Jeffrey Saduk has submitted his retirement forms with
an effective date of April 1st, 2008, and
WHEREAS,
it is the policy of
WHEREAS,
final payment is requested to be made during the month of April 2008, and
WHEREAS,
the personnel office has provided sufficient documentation verifying the amount
of time accumulated and the Finance Officer has certified that time,
NOW
THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the
Jeffrey
Saduk
Sick
Hours 807
32,627.01
Vacation
Hours 6.5 262.80
Personal
Hours 13.5 545.81
Balance
Due
$33,435.62
Payment
One April
11, 2008 $16,717.81
Payment
Two April
25, 2008 $16,717.81
12.
RESOLUTION NO. 142-08
– AUTHORIZING TOWNSHIP TO EXCEED 60 DAY BID LIMITATION –
WHEREAS,
it was deemed necessary and desirable to solicit for bids for the Diamond Road,
Railroad Avenue, Satt Boulevard Sanitary Sewer
Extension and Satt Boulevard Road Construction
Contract #21; and
WHEREAS,
the Township received bids on February 20, 2008 at 10:00 AM for said project,
and
WHEREAS,
NJSA 40A:11-24 delegates the time table for making awards and returning
deposits, and
WHEREAS,
statute states that the contracting unit shall award or reject the contract in
no case more than 60 days after receipt, except that the bidders who consent
thereto at the request of the contracting unit, be held for consideration for
such longer period as agreed, and
WHEREAS,
all bid security, except the security of the three apparent lowest responsible
bidders, shall be returned, unless otherwise requested by the bidder, and
WHEREAS,
the Township of Middle is scheduled to award the contract for the Diamond Road,
Railroad Avenue, Satt Boulevard Sanitary Sewer
Extension and Satt Boulevard Road Construction
Contract #21 by April 20, 2008 and does hereby wish to exceed said time frame
for an addition sixty (60) days, and
WHEREAS,
the Township will request written consent from the three lowest bidders to
retain all bid documents for an additional 60 days or until an award is made.
NOW
THEREFORE BE IT RESOLVED, by the Township of Middle, County of Cape May, State
of New Jersey, that the Township of Middle is hereby authorize to extend the
award time for the above referenced project for sixty (60) additional days.
13.
RESOLUTION NO.
143-08 – PERSON TO PERSON TRANSFER OF
WHEREAS,
Grande Woods
WHEREAS,
currently the LLC is represented as Eleanor Davis at 50% interest and Carole Hadtke at 50% interest, and
WHEREAS,
the actual owner of the park is not changing, merely the corporate structure,
and
WHEREAS, all legal requirements for said transfer
have been fulfilled.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that Mobile Home Park License # 3 be and hereby is
revised to show the following corporate structure change:
Eleanor
Davis, 50% interest John
N. Davis III, 50 % interest
14.
RESOLUTION NO. 144-08
thr 147-08 – SOCIAL AFFAIRS PERMIT (ITEMS A
THROUGH D) – On motion by Mayor Doughty seconded by Committeemember Barry
and passed on roll call, the following resolution was adopted.
(a)
144-08 WHEREAS, Wildwood Golf Club has applied for approval to sell alcoholic
beverages at a Golf Tournament to be held at 1170 Golf Club Road, CMCH, on May
7, 2008 from 11:00 am to 11:00 pm, and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
(b)
145-08 WHEREAS, Cape Regional Medical Center has applied for approval to sell
alcoholic beverages at a volunteer spring luncheon to be held at 1170 Golf Club
Road, CMCH, on May 2, 2008 from 12:00 pm to 3:30 pm, and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
(c)
146-08 WHEREAS, Cape Regional Medical Center has applied for approval to sell
alcoholic beverages at a fundraising golf outing to be held at 905 US Hwy 9, CMCH
(otherwise known as Stone Harbor Golf Club), on May 29, 2008 from 11:30 am to
5:30 pm, and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
(d)
147-08 WHEREAS, Wildwood Golf Club has applied for approval to sell alcoholic
beverages at a Golf Tournament to be held at 1170 Golf Club Road, CMCH, on June
4, 5, 6, 7, 8, 2008 from 11:00 am to 1:00 am, and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
15.
RESOLUTION NO.
148-08– APPOINTMENT – RECREATION ATTENDANTS PART TIME
(REPLACEMENTS) – On motion by Committeemember DeLanzo seconded by Mayor
Doughty and
passed on roll call, the following resolution was adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
NAME |
TITLE |
SALARY |
EFF. DATE |
|
Brandon Hamer |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Derek Jenson |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Wade Moore |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Nicole Roberson |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Shawn Vayhen |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Earl Wilson |
Recreation Attendant P/T |
$9.00ph |
03/19/2008 |
|
Gerald Rhoda |
Recreation Attendant P/T |
$9.00ph |
04/01/2008 |
16.
RESOLUTION NO.
149-08 thr 151-08 – RELEASE OF PERFORMANCE BOND
– STREET OPENING – MITCHELL NICHOLS ENTERPRISES (ITEMS A THROUGH C)
– On motion by Mayor Doughty seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted. Committeemember
Barry abstained.
(a)
WHEREAS, $5,000.00 is being held as a performance guarantee for Mitchell
Nichols Enterprises for the street opening located at 101 Bucknell
Avenue, and
WHEREAS,
Certified Public Works Manager has conducted his inspection and determined that
all improvements have been completed, and
WHEREAS, it has been recommended that the performance
guarantee for the above stated project be released.
WHEREAS, M. Nichols Enterprises has a rotating Performance
Bond with the Township for Street Openings.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
(b)
WHEREAS, $5,000.00 is being held as a performance guarantee for Mitchell
Nichols Enterprises for the street opening located at 24 Lola Lane, and
WHEREAS,
Certified Public Works Manager has conducted his inspection and determined that
all improvements have been completed, and
WHEREAS, it has been recommended that the performance
guarantee for the above stated project be released.
WHEREAS, M. Nichols Enterprises has a rotating
Performance Bond with the Township for Street Openings.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
(c)
WHEREAS, $5,000.00 is being held as a performance guarantee for Mitchell
Nichols Enterprises for the street opening located at 5 Williams Street, and
WHEREAS,
Certified Public Works Manager has conducted his inspection and determined that
all improvements have been completed, and
WHEREAS, it has been recommended that the performance
guarantee for the above stated project be released.
WHEREAS, M. Nichols Enterprises has a rotating
Performance Bond with the Township for Street Openings.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
17.
RESOLUTION NO. 152-08
– RATIFY INTERLOCAL SERVICES AGREEMENT WITH COUNTY OF CAPE MAY FOR
RECORDS RECOVERY CENTER SERVICES – On motion by Mayor Doughty seconded by
Committeemember Barry and passed on roll call, the following resolution was
adopted.
WHEREAS,
the Township of Middle entered into an agreement with the County of Cape May
for usage of the Records Recovery Center located at 536 Ocean View Woodbine
Road, Ocean View, on August 20, 2007, otherwise known as Resolution No 349-07,
and
WHEREAS, a final agreement has been adopted by the
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
County of Cape May, State of New Jersey that the Interlocal
Agreement between the County of Cape May and the Township of Middle for Records
Recovery Center Services, be and is hereby ratified for a period of five years
or until it is terminated by one or both of the parties involved.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
18.
RESOLUTION NO.
153-08 – AUTHORIZING LOAN APPLICATION – ECONOMIC DEVELOPMENT
COUNCIL –
WHEREAS,
the Township of Middle, through the Economic Development Program has various
loan programs available to small businesses within the Township, as funded by
the New Jersey Economic Development Authority, and
WHEREAS,
The New Jersey Economic Development Authority (EDA)
is an independent, self-supporting State entity dedicated to broadening New
Jersey’s economic base by building vibrant, diverse communities, creating
and maintaining jobs, and providing businesses and nonprofits with the
necessary financial and technical support to grow and succeed, and
WHEREAS,
Parkway Veterinary Hospital, represented by Mr. David Hirsch and Mr. Clifford Mosson, have met all underwriting guidelines as verified by
the Township’s Economic Development Advisors, and
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Loan
Amount: $37,000.00
Interest
Rate: 4%
Loan
Term: Five Year Term, 15 Year Amortization
Payment:
$277.38
Fees:
$100.00 application fee, 1% service fee $375.00
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
execute said loan agreement.
19.
RESOLUTION NO.
154-08 – RELEASE OF TRUST ACCOUNTS – On motion by Mayor Doughty seconded
by Committeemember Barry and passed on roll call, the following resolution was
adopted.
WHEREAS,
certain monies held in Trust Accounts from time to time may have balances
remaining after all fees have been paid, and
WHEREAS,
the applicants are entitled to a refund of this money,
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
20.
RESOLUTION NO.
155-08 – REDUCTION OF PERFORMANCE BOND – ANTHONY AND DONNA TROISE
– On motion by Committeemember Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
WHEREAS,
$13,945.60 has been held as a performance guarantee of Anthony and Donna Troise for site improvements at Block 437 Lot 16 also known
as 212 Sunray Beach Road, Del Haven, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $12,745.60 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $1,200.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond with Commerce Bank, be and is
hereby reduced to $1,200.00.
21.
RESOLUTION NO. 156-08
– REDUCTION OF PERFORMANCE BOND – FREDERICK LANGFORD – On
motion by Committeemember DeLanzo seconded by Mayor Doughty and
passed on roll call, the following resolution was adopted.
WHEREAS,
$188,226.00 has been held as a performance guarantee of Frederick Langford for
site improvements at Block 335.01 Lot 5 located off of Golf Club Road in Middle
Township , and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $37,620.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $150,606.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
22.
RESOLUTION NO.
157-08 – READ BUDGET BY TITLE ONLY - ADOPTION – On motion by
Committeemember DeLanzo seconded by Committeemember Barry and passed on roll
call, the following resolution was adopted.
WHEREAS,
N.J.S. 40A:4-8 provides that the budget be read by title only at the time of
the public hearing if a resolution is passed by not less than a majority of the
full governing body, providing that at least one week prior to the date of
hearing a complete copy of the approved budget as advertised has been posted in
the Township Municipal Building and copies have been made available by the
Township clerk to persons requiring them; and
WHEREAS,
these two conditions have been met;
NOW,
THEREFORE, BE IT RESOLVED that the budget shall be read by title only.
23.
RESOLUTION NO.
158-08 – SELF-EXAMINATION OF BUDGET – On motion by Committeemember
DeLanzo seconded by Committeemember Barry and passed on roll call, the
following resolution was adopted.
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government