Cape May Court House, NJ

April 21, 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 Middle Township Municipal Building.  Members present were Mayor Doughty, Committeemember Barry, Township Clerk James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando. Committeemember DeLanzo is absent.

           

 

1.       ORDINANCE NO. 1295-08 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 211, SECTION 3 THEREOF, ENTITLED ESTABLISHING RULES AND REGULATIONS OF SKATEBOARD PARK - Following second reading, hearing, and consideration for adoption, Ordinance 1295-08 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.

 

2.       RESOLUTION NO. 166-08 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Barry 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 Township of Middle, the governing body thereof, that payment for the following bills in the amounts indicated are hereby approved:

                                Dedicated Trust             $  17,957.19     

                                Current Acct.                             $  529,327.25

 

3.       RESOLUTION NO. 167-08 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember Barry 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 Township of Middle, the governing body thereof, that the minutes from the Township Committee meeting held April 7, 2008 and Work Session held April 16, 2008 are hereby approved.

 

4.       REPORTS: The following departments have submitted reports for the months indicated below: Municipal Court for March; Treasurer for March;

 

5.       RESOLUTION NO. 168-08 – APPROVE APPLICATION FOR BINGO LICENSE – VOLUNTEER FIRE COMPANY NO. 1 – On motion by Mayor Doughty seconded by Committeemember Barry          and passed on roll call, the following resolution was adopted.

WHEREAS, Middle Township Volunteer Fire Company No. 1 has applied to Legalized Games of Chance Control Commission for Bingo Nights, and

WHEREAS, the location will be at, 116 Swainton Goshen Rd, CMCH, NJ 08210, otherwise known as Big Timberlake Campground, has been approved by the Middle Township Committee as an Amusement Game Zone, and

WHEREAS, the Department of Law and Public Safety, Division of Consumer Affairs, Legalized Games of Chance Control Commission, determines fees and rules of conduct,

WHEREAS, the proper application and fee have been received.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Bingo Night (with the dates listed on the form attached) at the location of 116 Swainton Goshen Road, Cape May Court House, is hereby approved.

 

6.       RESOLUTION NO. 169-08 – 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 Township of Middle, the governing body thereof, that upon request of the Zoning Officer the following balances in the Trust Accounts as listed on the attached sheets shall be released.

 

7.       RESOLUTION NO. 170-08 – REDUCTION OF ESCROW ACCOUNT – CHARLES LORD – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the municipal engineer has reviewed a project located at Block 11 Lot(s) 23, 24 and has certified that the escrow money for this project should be reduced.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the escrow money in the amount of $7,013.16, for Charles Lord for the project located at Block 11 Lot(s) 23, 24, should be released, and

 

BE IT FURTHER RESOLVED, that the balance of $4,000.00 shall be retained to cover the remaining work due on this project.

 

8.       RESOLUTION NO. 171-08 – REDUCTION OF PERFORMANCE BOND – FREDERICK LANGFORD – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, $150,606.00 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 $60,426.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $90,180.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement, be and is hereby reduced to $90,180.00.

 

9.       RESOLUTION NO. 172-08 – AMENDING ADOPTED PERSONNEL POLICY MANUAL AND PERSONNEL POLICY HANDBOOK – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Resolution No. 101-04 approved March 1, 2004 adopted the updated Personnel Policy Manual and Personnel Policy Handbook, and

WHEREAS, amendments and/or additions have been deemed necessary to the originally adopted handbook.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following sections of the Personnel Policy Manual & Personnel Policy Handbook are hereby amended and/or added:

a.       No Smoking Policy

b.       Contagious or Life Threatening Illnesses Policy

c.       Safety Policy

d.       Anti-Discrimination Policy

e.       General Anti-Harassment Policy

f.         “Whistle Blower” Policy

g.       Employee Complaint Policy

h.       Drugs & Alcohol Policy

i.         Job Description Policy

j.         Bereavement Leave Policy

k.       Military Leave Policy

l.         Employee Discipline Policy

m.     Continuing Education Procedure

n.       Political Activity Policy

o.       Employment Procedure

p.       Background Checks and Procedures for Candidates, Employees and Volunteers

q.       Resignation

FURTHER RESOLVED, that a copy of said update shall be distributed to each Township Committee person, Township Administrator, Township Solicitor, and Head of each Department.

FURTHER RESOLVED, that should any section, paragraph, sentence, clause or phrase of this manual be declared unconstitutional or invalid for any reason, the remaining portions of said manual shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of mentioned manual are hereby declared to be serverable.

FURTHER RESOLVED, this manual shall become effective immediately upon approval of this resolution and all other manuals in conflict or inconsistent with the updated version are hereby repealed, to the extent of such conflict or inconsistency.

 

10.    RESOLUTION NO. 173-08 – TABULATION COMMITTEE – RECONSTRUCTION OF NORTH BOYD STREET – 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey that Township Clerk/Administrator James Alexis, Chief Finance Officer Tracey Taverner, and Township Engineer Vincent Orlando be and hereby are appointed to tabulate the bids to be taken on Wednesday, June 18, 2008 at 10:00 AM in the Middle Township Municipal Building, 1ST Floor Court Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

RECONSTRUCTION OF NORTH BOYD STREET

 

11.   RESOLUTION NO. 174-08 – REFUND OF OVERPAYMENT – SEWER – On motion by Committeemember Barry 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 Township of Middle, the governing body thereof, that the Director of Sewer is hereby authorized to make the adjustment to sewer account referenced below:

ACCT. NO.

OWNER

BLK / LOT

AMOUNT

05073

Joyce Reimels

305/19

$115.00

 

 

12.   RESOLUTION NO. 175-08 – AUTHORIZING PARTICIPATION AND SUBMISSION – CAPE MAY COUNTY MUNICIPAL PUBLIC IMPROVEMENT JOINT VENTURE PROGRAM – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the County of Cape May has announced that in 2008, funding will once again be made available under the Cape May County Municipal Public Improvements Joint Venture Program, and

WHEREAS, the County will distribute a total of $2 million to local municipalities for recreation-related projects, and

WHEREAS, according to the formula utilized, the Township of Middle, may be awarded up to $129,552.00 for this program.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that submission and participation in the Cape May County Municipal Public Improvement Joint Venture Program is hereby authorized.

 

13.   RESOLUTION NO. 176-08 – REJECT BIDS – CLARENCE AND GEORGIANA DAVIES SPORTS COMPLEX – STREET HOCKEY RINK – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, following public advertisement, bids for the construction of a Street Hockey Rink located at the Clarence and Georgiana Davies Sports Complex were received by the Township of Middle on January 24, 2008 at 10:00am at the Township Hall, and

WHEREAS, all bids came in over budget, and

WHEREAS, it appears to be in the best interest of the Township to reject said bids.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bids for the Street Hockey Rink at the Clarence and Georgiana Davies Sports Complex shall be and is hereby rejected.

 

14.   RESOLUTION NO. 177-08 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF CLUB – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Wildwood Golf Club has applied for approval to sell alcoholic beverages at a Banquet Dinner to be held at 1170 Golf Club Road, CMCH, on May 15, 2008 from 5:00 pm to 12:00 am, and

WHEREAS, they have provided proper documentation to the Township of Middle,

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Social Affairs Permit.

 

15.   RESOLUTION NO. 178-08 – SUPPORTING THE TRUST FOR PUBLIC LAND – HAND PROPERTY – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, there exists in the Township of Middle a wooded, undeveloped parcel owned by Mr. William Hand, and which is identified as Block 163.01, Lot 227 (formerly Block 163.01, Lots 67 and 68.01); and

WHEREAS, said property has approvals to be developed as a 24 unit subdivision; and

WHEREAS, the property is adjacent to the Federal Wildlife Refuge, and contains a number of features and characteristics which make this property a desired site for preservation; and

WHEREAS, The Trust For Public Land is in the process of attempting to secure funding to purchase this property from the owner, including funding from the Federal, State, and County funds, and said Trust has asked that the Township of Middle participate by applying to the New Jersey Department of Environmental Protection’s Green Acres program for funding;

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, that:

1.  The Township of Middle supports the preservation of the property owned by Mr. William Hand and which is identified as Block 163.01, Lot 227 (formerly Block 163.01, Lots 67 and 68.01); and

2.  The Township of Middle intends to apply to the New Jersey Department of Environmental Protection’s Green Acres Program in its upcoming round of funding in an attempt to secure State funding to help purchase and preserve this land; and

3.  The Township of Middle desires to work with The Trust for Public Land, and to accept its offer to use its expertise as it assists the Township in drafting of the necessary grant applications. 

BE IT FURTHER RESOLVED that the appropriate Township Officials are hereby authorized to execute any documents necessary to carry out these conditions of the Permit. 

 

16.   PUBLIC COMMENT:

 

Committeemember Barry – Rio Grande Trains. Mr. Pickering working to move swiftly on cleanup. Committee working with Board of Education in rejected bid.

 

Mayor Doughty – Bidwell Creek ditch – July 1. Working on depth and entrance / exit. W. Beach Drive. Spoils in front of homes

Opening Day Baseball. 35 teams in Middle Twp. league

 

Committeemember Barry – Chess with Municipal Prosecutor

 

Carol Mattessich – clarification #10

 

Orlando – Last year grant Mechanic and Pacific Avenue. This time north side. Sidewalks, curbs, roads

 

Mattessich - # 15, process involved

 

Mayor Doughty – very good thing. Last work session Cindy Roberts gave presentation

 

Mattessich – Baseball program – break down boys vs. girls

 

Peggy Mathis – Public Land – 40 acres .. location on Hand Avenue?

 

Mayor Doughty – explained adjacent to Federal Reserve

 

Mathis – Hunting available? Restrictions?

 

Mayor Doughty / Committeemember Barry – unknown

 

Mathis – Payback of economic development loans. Economy Motel. Rooms need remodeling. Construction to begin?

 

Mayor Doughty – At next work session contact Jill Zarharchuck for further information.

 

 Pickering – Loan to fix roof not rooms. Construction has not begun. Money still in Twp. hands

 

Ruth Fisher – Informed committee on harm towards usage of pesticides like round up. Reiterated concerns at AC Electric site

 

Connie Corrado – Go green @ AC Electric. Encourage them to be good neighbors.

 

Jennifer Modica – Power lines only mowed twice within last 3 years. Why need to spray?

 

Vilma Pombo – Tree City USA status?

 

Alexis – Twp. waiting on forester report.

 

Carol Mattessich – 1. Percentage in Mr. Ben’s presentation that would be green chemical? 90 % would be round up. 2. Train resolution good idea for Board of Health. All public wants is letter of support. All residents oppose idea. The only one for spraying is the company.

 

There being no more business the meeting was adjourned.

 

 

 

 

                                                                                                     ________________________

                                                                                                       James Alexis, Twp. Clerk