Cape May Court House, NJ

February 4, 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 DeLanzo, Committeemember Barry, Township Clerk James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

           

 

1.       MOMENT OF SILENCE IN THE PASSING OF RETIREE JOHN GREEN

 

2.       RESOLUTION NO. 42-08 – APPOINTMENTS – NEW HIRES – POLICE DEPARTMENT – 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 Township of Middle, County of Cape May, State of New Jersey, that the following employee is hereby appointed to the following position at the salary opposite their name:

NAME

DEPARTMENT

TITLE

SALARY

EFF. DATE

Daniel Geiger

Public Safety

Police Officer (academy)

$27,862.00

February 1, 2008

Martin Lindholm

Public Safety

Police Officer (academy)

$27,862.00

February 1, 2008

Armondo Jones

Public Safety

Police Officer (academy)

$27,862.00

February 1, 2008

 

3.       SWEARING IN OF NEW OFFICERS

 

4.       PRESENTATION – MIDDLE TOWNSHIP HIGH SCHOOL MARCHING BAND

 

5.       PRESENTATION – THRIVENT FINANCIAL FOR LUTHERANS AND HOLY SPIRIT LUTHERAN CHURCH OF THE VILLAS

-          Skip & Bonnie Millard to Middle Township Recreation Department

 

6.       ORDINANCE NO. 1285-08 – AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1285-08 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

7.       ORDINANCE NO. 1286-08 - 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” - Following second reading, hearing, and consideration for adoption, Ordinance 1286 -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.

Vilma Pombo – Location?

Alexis – road where Hi-Tech Auto is located

 

8.       ORDINANCE NO. 1287-08 – AN ORDINANCE AMENDING SECTION 226 OF THE CODE OF THE TOWNSHIP OF MIDDLE REGARDING TAXI CABS- Following second reading, hearing, and consideration for adoption, Ordinance 1287-08  was adopted on motion by                        seconded by                   and passed on roll call. Complete Ordinance is on file in the Clerk’s Office. – TABLED*

Karen Wolfe – VP of AARTS Taxi asked committee to reconsider regulations, extreme and drastic. Forcing companies out of business. Indicated following concerns: 226-11 insurance; 226-12 posting of certificate – display of home address (safety issue); 226-3 – drivers license – has home address; 226-14-1 coping of logs? Why? Who will read? Very lengthy; 226-15.6 Limiting of networking; 226-17b should be changed to “knowingly”

Arthur Wolfe – 226-14.1 Meters – offer passengers flat rate.

J. Conforto – reiterated same concerns.

Dave Butler – Just wants to pick up passengers that he originally dropped off from Wildwood.

 

9.       ORDINANCE NO. 1288-08 - AN ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1288-08 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.

Carol Mattessich Ravitz – Rates?

Alexis - yes

 

10.   ORDINANCE NO. 1289-08 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, STATE OF NEW JERSEY CHANGING THE NAME OF A ROAD FROM REDDING ROAD TO DELVAL ROAD - Following second reading, hearing, and consideration for adoption, Ordinance 1289-08 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.

 

11.   RESOLUTION NO. 43-08 – 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 Township of Middle, the governing body thereof, that payment for the following bills in the amounts indicated are hereby approved:

                                    Dedicated Trust                         $   15,121.24

                                    Current Acct.                             $   6,293,716.46

 

12.   RESOLUTION NO. 44-08 – APPROVING MINUTES FOR PREVIOUS MEETING – 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 Township of Middle, the governing body thereof, that the minutes from the Township Committee meeting held January 7, 2008 and the Work Session held January 23, 2008 are hereby approved.

 

13.   REPORTS: The following departments submitted their reports for the months indicated below: Municipal Court for the month of December; Treasurer for the month ; Tax Collector year end report; Tax Collector for the month of December; Police Department year end; Tax Collector for the month of January;

 

14.   RESOLUTION NO. 45-08; 46-08 – REFUND OF TAXES (ITEMS A THROUGH B) – On motion by           seconded by                    and passed on roll call, the following resolution was adopted.

(a)   45-08 Refund due to overpayment made by Mortgage Company

ACCT    BLOCK       LOT        OWNER/LOCATION                                   AMOUNT CK# 

6962

 

 

 

 

 

470

1

CONTE, PAOLA M & PASQUALE J

38 PAULA LANE

657.12

Refund payable to:

First American Real Estate Tax Service

Refund Department

PO Box 961250

Fort Worth, TX 76161-9887

BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, that the Chief Financial Officer be instructed to draw checks in the above noted amounts payable to the above mentioned parties, as a refund of 2007 taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

(b)  46-08 Refund due to overpayment made by Mortgage Company

ACCT    BLOCK       LOT        OWNER/LOCATION                                   AMOUNT CK# 

431

 

 

2676

 

 

12608

 

12.01

 

 

135.01

 

 

1057

101

 

 

25

 

 

9

O’ HORA, ANNA

30 BROOK RIDGE ROAD

 

MURPHY, JAMES B & BARBARA S

6 1ST DRIVE

 

EDWARDS, ALVIN E

24 COCHRAN STREET

 

1,668.55

 

 

1,441.94

 

 

413.19

Refund payable to:

COUNTRYWIDE HOME LOANS

1757 TAPO CANYON ROAD, STE 300

SIMI VALLEY, CA 93063

BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, that the Chief Financial Officer be instructed to draw checks in the above noted amounts payable to the above-mentioned parties, as a refund of 2008 taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

 

15.   RESOLUTION NO. 47-08 – NOTICE OF TAX SALE – On motion by Committeemember Barry          seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

State of New Jersey

                 Ss                                      

County of Cape May  

I Sandra B. Beasley, BEING DULY SWORN ACCORDING TO LAW ON MY OATH STATE:

1.       I am the Tax Collector of The Township of Middle, County of Cape May, State of New Jersey.

2.       Notice of The Tax Sale that was held on January 23, 2008, was  published in the Herald-Times, Rio Grande, New Jersey, on December 26, 2007, January 2, 2008, January 9, 2008 and January 16, 2008.

3.       A Copy of the Notice of Sale was set up in five of the public places in the Municipality, namely:

1.       Middle Township Municipal Hall

2.       Green Creek Post Office

3.       Cape May Court House Post Office  

4.       Whitesboro Post Office   

5.             Goshen Post Office                                                                               

4.       A Notice Of Tax Sale was mailed to the owner of record, whose name appears in the

List at the last known address, postage prepaid.

 

                                                                       

                                                                       

16.   RESOLUTION 48-08 – CANCELLATION OF TAXES – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

CANCELLATION OF TAXES DUE TO PROPERTY IS EXEMPT FOR 2008

               ACCT #        BLOCK           LOT                   NAME/LOCATION                             1st ½ 2008       

12682

1056

4

Christ Gospel Church

2211 Rte 9 S

1296.36

2543

127

38

Cape May County

17 Fox Run RD

4.16

 

17.   RESOLUTION NO. 49-08 – APPROVAL FOR PAYMENT TERMINAL LEAVE – MELISSA KLECZ – On motion by Committeemember DeLanzo seconded by Committeemember Barry                   and passed on roll call, the following resolution was adopted.

WHEREAS, Melissa Klecz has submitted her resignation with an effective date of January 3rd, 2008, and

WHEREAS, Melissa Klecz did not return to work after 12/27/2007, and has been charged 3 holidays for the work dates of 12/28, 12/29, & 12/30/07, and

WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation and personal time, and

WHEREAS, final payment is requested to be made during the month of February, 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 Township of Middle, County of Cape May, State of New Jersey that payment be issued to the employee in the amount referenced below.

Melissa Klecz

            Vacation Hours  11.5                                                        148.81

            Comp Hours        6.5                                                                      84.11

Total                                                                                                        232.92

I certify that the above figures are a true accounting of this time based solely on the documentation provided by the personnel department and that sufficient backup documentation is available for inspection.

________________________________                            January 10, 2008

Tracey DeVico Taverner, CFO

 

18.   RESOLUTION NO. 50-08 – APPOINTMENT – RENT LEVELING BOARD – SECRETARY – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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 the following person be and are hereby appointed to the Middle Township Rent Leveling Board as secretary for the term of office opposite their name:

NAME

TERM AFFECTIVE

TERM EXPIRES

SALARY

Jill Zarharchuck

1/19/2008*

12/31/08

$850.00

* Filling the unexpired term of Elaine Gregory

 

19.   RESOLUTION NO. 51-08 – APPROVE ADOPT A SPOT GRANT – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that a Mini Grant for the “Adopt a Spot Projects”, be and are hereby awarded to the following:

Cape Abilities Vocational Program

Various Sites – January 24, 2008

 

20.   RESOLUTION NO. 52-08 – RELEASE OF TRUST ACCOUNTS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Committeemember Barry abstained

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.

 

21.   RESOLUTION NO. 53-08 – AWARD CONTRACT UNDER NON-FAIR AND OPEN PROCESS – On motion by Mayor Doughty seconded by Committeemember DeLanzo                   and passed on roll call, the following resolution was adopted.

WHEREAS, the Township has determined that the value of the following contracts will not exceed $17,500.00 and are renewal contracts from previous years, and

WHEREAS, the Local Public Contract Law (N.J.S.A. 40A: 11-1 et seq.) provides for the award of contracts for professional services without advertising for bids, and

WHEREAS, these contracts are not therefore subject to the provisions of N.J.S.A. 19:44A-20.4 or 20.5, and

 

WHEREAS, the Township of Middle requires said services, and funds are available for said purpose,

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 the following persons are hereby appointed to the positions designated below for the calendar year 2008.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with each of said persons to supply professional services for the calendar year 2008.

          Baysea Veterinary Hospital ------------                      Rabies Clinic

FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Herald Times for publication.

FURTHER RESOLVED that these contracts are contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

 

22.   RESOLUTION NO. 54-08 – PERSON TO PERSON TRANSFER OF MOBILE HOME PARK LICENSE NO. 2 – GRANDE WOODS SOUTH MOBILE HOME PARK – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Grande Woods South LLC. is the holder in good standing of Mobile Home Park License # 2, Grande Woods South Mobile Home Park, located on Block 1436.01, Lot 4, also known as 3160 Rte 9, Rio Grande, and

WHEREAS, Carel Jobin Enterprises t/a Grande Woods South has made application to transfer said license to GWS Enterprises LLC., 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 # 2 be and hereby is transferred from Grande Woods South LLC  to GWS Enterprises LLC.

FURTHER RESOLVED, that all mobile home park pad fees shall be paid up to date along with any property taxes due prior to said transfer of license by the Municipal Clerks Office.

FURTHER RESOLVED, that this approval for a person-to-person transfer shall be conditioned upon and subject to the transfer of the property pursuant to the existing contract between the transferor and the transferee under the person-to-person transfer application.

Anthony Monzo, Attorney for Stephen Coyle, buyer;

Carel Jobin /Grande Woods South MHP – Mr. Davis

Mr. Anthony Monzo for the buyer introduced to Township Committee and the public the proposed Person to Person Transfer.

Committeemember DeLanzo – Any changes?

Mr. Coyle – New samples and offices in the front. Empty spaces to be filled up with new homes.

Committeemember DeLanzo – Any shared services? Why split the 2 parks apart?

Coyle – Only shared service is pool. The seller only wanted to sell Grand Woods South.

Mayor Doughty – how will you be able to tell the differences in the 2 parks?

Coyle – Signage

Committeemember DeLanzo – infrastructure improvements?

Coyle – landscaping for sure but need to get a feel for the park prior to commenting about the infrastructure.

Pat Schofield – Trees overgrown into sewer lines. What is to be done? Also, will there be new leases?

Coyle – will take a look at the situation. No new leases.. will be continuation of current.

Bob Clineson – How fast of a return are you looking at for this project? Will you be reselling shortly?

Coyle – wants to keep residents happy. Has no plans on reselling shortly. Plans included passing along to children in future

Monzo – leases will continue will be assigned to GWS.

Maryln Daniels – services to individuals on south side?

Coyle – has plans on bringing down a maintenance man from park up north.

Bertha Mark – what does GWS stand for?

Coyle – Grande Woods South Enterprises

Mark – who’s paying for all proposed changes?

Coyle – me

Bill Spisizelle – Common grounds .. who is responsible

Coylr – Park North Herb and Park South me

Elaine Groff – thank you for answering questions.

Samatha Knight – playground intension?

Coyle – nothing else way right now

Lois Shuman – Pool grounds .. no umbrellas or coverage for seniors. Thought arbors would be nice.

            Terri Garrison – tree in front yard – trimmings of rotten parts

Coyle –w ill look at lease and give direction

Garrison – when are you taking over?

Coyle – February

Bertha Mark – will you honor association

Coyle – yes

Donna Furmyer – upgrades – if you don’t like what we’ve done to homes will you make homeowners change?

Coyle – not unless violation of lease.

Sam Kelly – very impressed with Coyle

 

23.   RESOLUTION NO. 55-08 – ACKNOWLEDGEMENT OF TERMINATION – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

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 the following termination listed below, is acknowledged.

FURTHER RESOLVED, that there has been no activity for over a year for said employees therefore constituting said termination.

    EMPLOYEE               DEPARTMENT             POSITION        EFFECTIVE

Darrell Benjamin

Recreation

Recreation Attendant PT

01/18/2008

Erin Heitzmann

Recreation

Recreation Attendant PT

01/18/2008

Jason Rennie

Recreation

Recreation Attendant PT

01/18/2008

 

24.   RESOLUTION NO. 56-08 – RATIFYING MUNICIPAL ALLIANCE CONTRACT WITH CAPE MAY COUNTY FOR FY2008 – On motion by Mayor Doughty seconded by Committeemember DeLanzo 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 appropriate officials are hereby authorized to sign the subcontract between the Township of Middle and the County of Cape May for the Municipal Alliance Program.

FURTHER RESOLVED, that said contract period shall be from January 1, 2008 through December 31, 2008.

 

25.   RESOLUTION NO. 57-08 – APPROVE LEAVE OF ABSENCE – GEORGE MCCLURE – On motion by Mayor Doughty seconded by Committeemember DeLanzo 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 the Leave of Absence with pay for George McClure, is hereby approved effective January 21, 2008 to retirement (disability) 07/01/2008.

 

26.   RESOLUTION NO. 58-08 – APPROVE AMENDMENT APPLICATION FOR BINGO LICENSE – GREEN CREEK VOLUNTEER FIRE COMPANY – On motion by Mayor Doughty           seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, on December 3, 2007 via Resolution No. 522-07 Township Committee approved an application for a Bingo license for the Green Creek Volunteer Fire Company to be held at 14 Bayshore Road, Green Creek, and

WHEREAS, the Fire Company would like to amend said application by changing admission from $1.00 to $2.00 and also including an additional schedule when attendance is (59) or less.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that amended Bingo License No. 1-08 is hereby approved.

 

27.   RESOLUTION NO. 59-08 – GYPSY MOTH CONTROL PROGRAM – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the gypsy moth Lymantria Dispar, has been found heavily defoliating tree and plant growth in the Township of Middle, and

WHEREAS, continued destruction of foliage may result in loss of valuable forest lands and trees, and

WHEREAS, the Township Committee of the Township of Middle has determined that a gypsy moth control program should be instituted with the State of new Jersey Department of Agriculture and that application for any Federal or State funds available be authorized.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey that the gypsy moth is declared to be a public nuisance and the protection of vegetation or plant life therefrom us deemed to be a subject matter of public welfare, and that all measures deemed necessary, in compliance with the State of New Jersey Department of Agriculture recommendations, is hereby authorized to suppress this forest and shade tree pest.

PUBLIC HEARING:

Bob Jackson – how are sites derived?

Alexis – DEP surveys of egg masses from 2006. Complaints in 2007 followed by onsite investigations.

Larry Newbold? Chemical used?

Alexis – BT

 

28.   RESOLUTION NO. 60-08 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

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 the following resignations listed below is acknowledged.

EMPLOYEE                  DEPARTMENT              POSITION                      EFFECTIVE

Elaine Gregory