Cape May Court House, NJ

June 2, 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.    F. NATHAN DOUGHTY JR. DRUM FISH TOURNAMENT WINNER PRESENTATION:

1st Place Winner            Clint Clemet        Boat Name: Common Sens         # 40      77 ¼

2nd Place Winner           Chris Kelly           Boat Name: Tee’s Me                 #14       77

3rd Place Winner            Mark Tomlin        Boat Name: Quahog                    #30       76

4th Place Winner           Harry Cowan, Jr   Boat Name: Just Right                #10       75

5th Place Winner            Eric Streable       Boat Name: Asalt Weapon         #34       74

No attendance by winners. Postponed until next meeting.

 

2.    ORDINANCE NO. 1300-08 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, STATE OF NEW JERSEY FOR A ZONING CHANGE TO BLOCK 1431.01 LOT 1 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty                          seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1300-08 passed first reading. Second reading, public hearing and consideration for adoption will be held on 07/07/2008 at 6:00 p.m.

    

3.    RESOLUTION NO. 234-08 – APPROVING 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                         $ 4,304.56        

                                Current Acct.                             $ 1,998,602.43  

 

4.    RESOLUTION NO. 235-08 – 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 May 19, 2008 and the Work Session minutes from May 21, 2008 are hereby approved.

 

5.    REPORTS: The following departments have submitted reports for the months indicated below:  Municipal Clerk for the month of May; Zoning Official for the month of May;

 

6.    RESOLUTION NO. 236-08 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – MITCHELL HUMPHREY SOFTWARE – CONSTRUCTION AND ZONING SOFTWARE PRODUCTS – On motion by Mayor Doughty 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 the Agreement between Mitchell Humphrey and the Township of Middle for software products license and maintenance support be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

FURTHER RESOLVED, that the term of this contract shall be from August 1, 2008 through July 31, 2009.

Mitchell Humphrey Software – Construction and Zoning Software Maintenance -- $5,325.00

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $5,325.00 has been bid for the following service or items construction & zoning software It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 8-01-31-462-462-299

PO# 20801912

 

 

7.    RESOLUTION NO. 237-08 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – SAGEM MORPHO INC. – FINGERPRINTING EQUIPMENT MAINTENANCE SERVICES (LIVESCAN) – 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 of the Township of Middle, the governing body thereof, that the Agreement between Sagem Morpho Inc. and the Township of Middle for Livescan maintenance be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

FURTHER RESOLVED, that the term of this contract shall be from July 1, 2008 through June 30, 2009.

        Sagem Morpho Inc. – Fingerprinting Equipment Maintenance Services - $2,146.00

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $2,146.00 has been bid for the following service or items Livescan Maintenance It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 8-01-31-462-462-299

PO#20801913

 

8.    RESOLUTION NO. 238-08 – 2008-2009 HOTEL/MOTEL LICENSE APPROVAL – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, a Hotel/Motel shall be defined for purposes in connection with this ordinance/license as a type of building or combination of buildings within the same complex having 4 or more rooms available for sleeping and lodging to the public for a fee, and

WHEREAS, prior to any person, operating a Hotel/Motel regulated by this ordinance, said person or entity must acquire an annual Hotel/Motel License from the Township Clerk by the 1st of July in each calendar year, and

WHEREAS, prior to the issuance or renewal of any annual Hotel/Motel License, the applicant for such license shall have made the payment of delinquent property taxes.  The Township of Middle retains the 

right of revocation or suspension for non-payment of property taxes when three (3) or more consecutive quarters are delinquent.

WHEREAS, the annual license fee to operate a Hotel/Motel within the Township of Middle shall be $350.00.

WHEREAS, said approval is contingent upon all applicable building, housing, health and safety codes and regulations as set forth by all appropriate local, county and state agencies, and as outlined in Chapter 222-22 of the Code of the Township of Middle, and

WHEREAS, The Township of Middle shall have the right to inspect the licensed premises and the owner/applicant shall provide for the inspection of licensed facilities.

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby authorized for the license year of 2008-2009:

Lic. #

Applicant

Tradename

Location

Sites

Fee

4

William & Cathy Simpson

Court House Motel

419 Rte 9 North

17units

$350.00

 

9.    RESOLUTION NO. 239-08 – RENEWAL OF ALCOHOL BEVERAGE LICENSES – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted. Committeemember DeLanzo abstained.

WHEREAS, certain licensees have filed for renewal of their Alcoholic Beverage License for one (1) year beginning July 1, 2008, and

WHEREAS, the said applications are in due and proper form with the fee of $600.00 for each Plenary Retail Consumption License; $600.00 for each Retail Distribution License; $150.00 for each Club License and with no objection filed with all $200.00 State Filing Fees received and forwarded,

THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Rio Station Inc. 0506-33-001-007; Cape Hospitality Group LP.; 0506-33-002-006; Avalon Development & Golf, Inc. 0506-33-005-007; and Menz Restaurant Inc. 0506-33-012-001 Plenary Retail Consumption License.

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Acme Markets Inc. 0506-44-013-003; Plenary Retail Distribution License.

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Wildwood Golf Club Inc., 0506-31-006-003; Royal Oaks Club Inc.0506-31-011-001; and Jersey Devil Country Club, Inc. 0506-31-008-002 a Club License.

BE IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by the Clerk if the Township of Middle in accordance with the rules and regulations of the State Department of Alcoholic Beverage Control and appropriate Ordinances of the Township of Middle.

 

10.RESOLUTION NO. 240-08 – RENEWAL – TOWING LICENSES 2008 – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the several Towing license renewal applications listed below have been found to be in proper form, and the fees paid in each case.

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby renewed for the calendar year of 2008:

 

License#

Tradename

Truck #

License Plate Number

Truck Make/ Model

Fee

Sticker Fee Paid

3

Rio Auto Body

1

X96B96

1995 Ford F350

$450.00

$50.00

3

Rio Auto Body

2

XH479K

1996 International

n/a

$50.00

4

Court House Towing

1

X7963L

2000 Ford 550

$450.00

$50.00

4

Court House Towing

2

XF360B

2005 International

n/a

$50.00

8

Clark’s Auto & Towing LLC

1

XL866P

1994 Ford F350

$450.00

$50.00

8

Clark’s Auto & Towing LLC

2

XF469W

1996 Chevy 3500 HD

n/a

$50.00

8

Clark’s Auto & Towing LLC

3

XG735G

1985 Chevy C30

n/a

$50.00

8

Clark’s Auto & Towing LLC

4

XH275K

1984 Peterbilt Tractor

n/a

$50.00

8

Clark’s Auto & Towing LLC

5

XK403U

1998 Isuzu

n/a

$50.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.RESOLUTION NO. 241-08 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – ADVANCED PUBLIC SAFETY INC. – MAINTENANCE CONTRACT – 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 Agreement between APS (Advanced Public Safety Inc.) and the Middle Township Police Department for annual maintenance for 1 Virtual Partner Engine, 19 QuickVoice, 19 QuickCommand, be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

FURTHER RESOLVED, that this contract shall be from June 23, 2008 through June 22, 2009.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

Advanced Public Safety Inc. (A.P.S.) -------- Maintenance Renewal --- $6,300.00

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $6300.00 has been bid for the following service or items software maintenance.  It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 8-01-31-462-462-299.

PO# 20801914.

 

12. RESOLUTION NO. 242-08 through 243-08 – DUPLICATE TAX SALE CERTIFICATE (ITEMS A THROUGH B) – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

242-08 (a) WHERE AS, Chapter 99 laws of 1997, requires authorization of the governing body for replacement and issuance of a duplicate tax sale certificate held by a third-party lien holder, which has been destroyed or lost.

NOW THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Middle of the County of Cape May, State of New Jersey, hereby authorizes the Tax Collector, upon receipt of an appropriate affidavit from the owner of the certificate,  (copy of affidavit attached)  prepare a replacement certificate for Tax Sale Certificate # 2005-4690  for block 1032  lot 4 , located at 109 E Main St   and issued to the original lien holder known as:         

George H Watkins Jr

PO Box 11801

Jacksonville, Fl  32239

BE IT FURTHER RESOLVED, that this replacement certificate, duplicated in original form, shall be marked as “duplicate”, and a $100.00 fee assessed to the above mentioned lien holder for the preparation of said duplicate certificate and this fee will be deducted from the value of the redemption which is $303.03

BE IT FINALLY RESOLVED, that a copy of said duplicate certificate shall be attached herewith, and a certified copy be forwarded to the Tax Collector and lien holder

243-08 (b) WHERE AS, Chapter 99 laws of 1997, requires authorization of the governing body for replacement and issuance of a duplicate tax sale certificate held by a third-party lien holder, which has been destroyed or lost.

Now, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Middle of the County of Cape May, State of New Jersey, hereby authorizes the Tax Collector, upon receipt of an appropriate affidavit from the owner of the certificate,  (copy of affidavit attached)  prepare a replacement certificate for Tax Sale Certificate # 2008-5236  for block 1 lot 14 Qfarm, located at 453 Rte 47 N   and issued to the original lien holder known as:         

EREH LLC

425 Darby Paoli Rd

Wayne, Pa  19087

BE IT FURTHER RESOLVED, that this replacement certificate, duplicated in original form, shall be marked as “duplicate”, and a $100.00 fee assessed to the above mentioned lien holder for the preparation of said duplicate certificate and this fee will be deducted from the value of the redemption which is $311.34

BE IT FINALLY RESOLVED, that a copy of said duplicate certificate shall be attached herewith, and a certified copy be forwarded to the Tax Collector and lien holder

 

13.RESOLUTION NO. 244-08 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Barry seconded by Committeemember DeLanzo 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.

 

14. CORRESPONDENCE RECEIVED: May 23, 2008, State of New Jersey, Division of Alcoholic Beverage Control. Re: Natali Vineyard, LLC. Approval of Additional Retail Outlet Privilege for 2008-2009 license term. Under this privilege, licensee is authorized to offer samples for on premise consumption and to sell products in original packages at retail to consumers for on or off premise consumption.

 

15. NOTICE OF STATE OF NEW JERSEY PUBLIC INFORMATION MEETING: Take Notice that the Township of Middle and the New Jersey Department of Environmental Protection, Bureau of Coastal Engineering will hold a Public Information Meeting regarding the Maintenance Dredging of Bidwell’s Creek Middle Township. Hearing Date: June 17, 2008 7:00pm Location: 33 Mechanic Street, Cape May Court House, NJ 08210 1st Floor Meeting/Court Room

 

16.RESOLUTION NO. 245-08– AUTHORIZATION TO CLOSE A PORTION OF BENNETT STREET – MIDDLE TOWNSHIP AMBULANCE CORPS. INC. 50TH ANNIVERSARY OPEN HOUSE – On motion by Mayor Doughty seconded by Committeemember Barry 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 authorization is hereby given to close a portion of Bennett Street on Saturday June 14, 2008 from 10:00am to 4:00pm, from Route 9 to Douglas Road, for an Open House in celebration of the Middle Township Ambulance Corps Inc. 50th Anniversary.

FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the Zoning Official, Code Enforcement Officer, local Police Department, Public Works Department and responsible fire district for their notification of the event.

 

17. RESOLUTION NO. 246-08 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – CAPE ISLAND APPRAISALS, INC. / MARY FOX – APPRAISAL SERVICES SSGC SANITARY SEWER PUMPING STATION – 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 the Agreement between Cape Island Appraisals, Inc./Mary Fox and the Township of Middle for appraisal services towards the SSGC Sanitary Sewer Pumping Station located at Block 339 Lot 4 (proposed) (East Shellbay Avenue) be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

Cape Island Appraisals, Inc. – Appraisal Services – SSGC Sanitary Sewer Pumping Station - $1050.00

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $1050.00 has been bid for the following service or items appraisal services. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:c-08-55-947-000-199

PO#  20801915

 

18. RESOLUTION NO. 247-08 – CLOSED SESSION – PERSONNEL MATTERS / ADMINISTRATOR POSITION – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the section of the Open Public Meetings Law, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Township Committee of the Township of Middle, the governing body thereof, is of the opinion that such circumstances presently exist,

WHEREAS, the Township Committee of the Township of Middle wishes to meet in closed/executive session regarding the position of Township Administrator and furthermore review resumes and applications as submitted and hold interviews in connection therewith,

WHEREAS, the dates of said sessions shall be on various dates as indicated below in the 2nd floor conference room of Township Hall:

June 4, 2008; June 9, 2008; June 12, 2008; June 13, 2008 at 7:30pm

NOW THEREFORE BE IT RESOLVED, by the Township of Middle, County of Cape May, State of New Jersey:

1.) The public shall be excluded from the discussion of an action upon the hereinafter specified matter: PERSONNEL MATTERS / ADMINISTRATOR POSITION

2.) The general nature of the subject matter to be discussed is as follows: PERSONNEL MATTERS / ADMINISTRATOR POSITION

3.) It is anticipated at this time the above subject matter will be made public as follows:
      WHEN THE MATTER IS RESOLVED

4.)   This Resolution shall take effect immediately.

 

19.PUBLIC COMMENT:

 

J. Alexis – Township received notification that we are a recipient of a $10,000.00 grant from PetSmart Fast track for the Spay and Neuter Program. $9,000.00 will go towards the program and the remainder will go towards traps.

 

Committeemember Barry – Last Wednesday  spent day in Trenton with DCA regarding Master Plan. Everyone’s imput is welcome throughout process.

 

Mayor Doughty – Memorial Day Parade was success. 4th of July next event. Fireworks at Goshen Complex.

 

Vilma Pombo – Agenda Item #2 .. address?

 

Orlando – Rte 47 Shannon Oaks. Current commercial zone, asking Sub residential. Single family home currently on property. Next to storage units.

 

V Pombo – Agenda Item #10 … is this all the towing licenses?

 

J. Alexis – No. This is just those who wish to be placed on the police towing rotation list.

 

P. Mathis – Bike Path Progress?

 

Pickering – AC Electric is moving forward with further consideration of path.

 

Mathis – Price increase with regards to asphalt?

 

L. Shuman – Renewal of Gravel Pits?

 

Orlando – Waiting on revised plans from Engineer. Anticipate June 16th meeting

 

R. Shuman – Asked committee if anyone read the article in the Gazette about 2 weeks ago regarding Zoning Meeting .. Committeemember Barry indicated he read it.

 

Shuman – Host Community Benefit not paying. Like stealing from the Township. Any ideas on how to make it stop?

 

Pickering –  Indicates that Committeemember Barry can not comment on upcoming Zoning and or Planning cases.

 

Committeemember Barry – Indicates that he can assure Mr. Shuman that what he hears in merely gossip and third person and he suggest that person “come to me”.

 

Shuman – Township should look into it.

 

Pickering – said at meeting?

 

Shuman – said under oath. OPRA request list. Names not showing up.

 

Committeemember Barry – asked Mr. Shuman why so suspicious?

 

There being no further business, the meeting was adjourned at 6:30pm