Cape May Court House, NJ

February 4, 2002 2:00 PM

REORGANIZATION

FLAG SALUTE

 

THIS MEETING IS BEING RECORDED:

 

I hereby declare that notice has been given to the Herald Times, the Gazette-Leader, and 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.  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 and Committeemember Leusner and DeLanzo.  Business Administrator Alexis, Township Clerk Coco, Attorney Bruce Gorman, Township Engineer Orlando and Auditor Glen Ortman were present.

 

 

1.        ORDINANCE NO. 1097-02 – AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE.  Following second reading, hearing and consideration for adoption Ordinance No. 1097-02 was adopted with amendments on motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call.  Complete Ordinance is on file in the Clerk’s office.

 

2.        ORDINANCE NO. 1098-02 – AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MIDDLE SECTION 204-15 THEREOF ENTITLED “SEWER APPLICATION AND CONNECTIONFEES”.  Following second reading, hearing and consideration for adoption Ordinance No. 1098-02 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call.  Complete Ordinance is on file in the Clerk’s office.

 

3.        ORDINANCE NO. 1099-02 – BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MIDDLE, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,450,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,380,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.  Following second reading, hearing and consideration for adoption Ordinance No.   1099-02 was adopted with amendments on motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call.  Complete Ordinance is on file in the Clerk’s office.

 

4.        RESOLUTION NO. 25-02 – INTRODUCTION OF BUDGET BY TITLE ONLY – On Motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously 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 2002 Budget for the Township of Middle be introduced, approved and given first reading by title only.

 

5.        RESOLUTION NO. 26-02 – REFUND OF TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, taxes were refunded due to totally disabled American Veteran on three accounts.

 

6.        RESOLUTION NO. 27-02 – CANCELLATION OF TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, taxes were canceled due to exemptions on nine accounts.

 

7.        RESOLUTION NO. 28-02 – CANCELLATION OF TAXES FOR FORECLOSURE GROUP #173 – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, taxes were canceled on Foreclosure Group #173.

 

8.        RESOLUTION NO 29-02 – CANCELLATION OF TAXES FOR FORECLOSURE #174 – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, taxes were canceled on Foreclosure Group #174.

 

9.        RESOLUTION NO 30-02 – TAX TITLE LIEN SALES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the Tax Collector was authorized to conduct a Tax Title Lien Sale.

 

10.     RESOLUTION NO. 31-02 – REFUND OF MONIES – SEWER DEPARTMENT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, money was refunded on sewer account #00431 due to an overpayment.

 

11.     RESOLUTION NO. 32-03 – RENEW MOBILE HOME PARK LICENSE NO. 8 – RIO GRANDE – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:               WHEREAS, the several Mobile Home Park license renewal applications listed below have been found to be in proper form, and the fee 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 2002: 

License#        Tradename       Acreage        Sites             Sup Site         Fee                          Sup Fee

8                      Rio Grande            2.58           50                  0                      $350.00                   $0.00

 

12.     RESOLUTION NO. 33-02 – RELEASE OF PERFORMACE BOND – TICE CHRISTMAS TREES – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:                         WHEREAS, $500.00 was posted as a maintenance guarantee, from Julie Tice, for Tice Christmas Trees at the Acme Parking Lot/Magnolia Drive, and                                                                                                                                                                            WHEREAS, the Zoning Officer has conducted her inspection and advises that all cleanup has been completed, and                     WHEREAS, the Zoning Officer has recommended that the maintenance guarantee be released.                                                            NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the maintenance guarantee posted by Julie Tice in the amount of $500.00 to ZEA Master Account No. 2222002640 Sub Account No 013544 in Fleet Bank be and hereby is released.

 

13.     RESOLUTION NO. 34-02 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:                                                                       WHEREAS, certain Moneys 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 Account as listed on the attached sheets shall be released.

 

14.     RESOLUTION NO. 35-02 – RESCIND RESOLUTION #221-97 SUPPORTING BAYBERRY MITIGATION PLAN – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted: WHEREAS, the Township of Middle entered into a Mitigation Plan with the “Nature Conservancy of New Jersey” to mitigate the obligation of Wetlands Mitigation due to the construction of Bayberry Drive.                                                                                        WHERAS, After adopting the Mitigation Plan proposed by the “Nature Conservancy of New Jersey”, the properties to be accepted by the Mitigation Program could not be obtained by the “Nature Conservancy”.                                                                                         NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle hereby rescinds the Mitigation Plan adopted by Resolution #221-97.

 

15.     RESOLUTION NO. 36-02 – AUTHORIZING SUPPORT OF SUBSTITUTE MITIGATION PLAN FOR BAYBERRY DRIVE – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:                                                                                                                                                                                                         WHEREAS, the Township of Middle is in need of satisfying the Mitigation requirements for the construction of the Bayberry Road project.                                                                                                                                                                                                                    WHEREAS, the “Nature Conservancy of New Jersey” has developed a Mitigation Plan that is acceptable to meet the Mitigation Requirements of the New Jersey Department of Environmental Protection Land Use Regulation Program and the United States Army Corps of Engineers.                                                                                                                                                                                              WHEREAS, the Mitigation Proposal to the New Jersey Wetlands Mitigation Council dated January 12, 2002, is part of this Resolution and is attached.                                                                                                                                                                                                            WHEREAS, to meet the obligation the Township of Middle with the “Nature Conservancy” for the “Nature Conservancy” satisfying the Mitigation obligation the Township of Middle shall make 100 acres of Municipality owned property available to the “Nature Conservancy” for Open Space Preservation.                                                                                                                                                        NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle hereby endorses the bayberry Mitigation Plan dated January 12, 2002 between the Township of Middle and the “Nature Conservancy”.  (Site report and maps attached).                                                                                                                                                                                                                       BE IT FURTHER RESOLVED, that James Alexis, Administrator, is hereby authorized to represent the Township in this matter.

 

16.     RESOLUTION NO. 37-02 – AUTHORIZE A NEGOTIATED CONTRACT AFTER NO BIDS RECEIVED ON TWO OCCASIONS – HOUSING OF DOMESTIC ANIMALS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the following resolution was adopted:                                                                                                  WHEREAS, the Township of Middle has advertised for bids for Housing of Domestic Animals pursuant to N.J.S.A. 40A:11-4 of the Local Public Contracts Law on two occasions, and                                                                                                                                       WHEREAS, on both occasions no bids were received, and                                                                                                                           NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the Administrator is hereby authorized to negotiate a contract for the Housing of Domestic Animals pursuant to N.J.S.A. 40A:11-5(3).

 

17.     RESOLUTION NO. 38-02 – AUTHORIZE ONLINE BANKING – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the following resolution was adopted:                                       WHEREAS, the Township of Middle, in the County of Cape May, New Jersey is authorized to direct the Chief Financial Officer or designee to utilize on-line banking services provided by the Township of Middle’s Financial Institutions, and                                 WHEREAS, there is a need to utilize on-line banking services, and                                                                                                              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 Chief Financial officer is authorized to utilize on-line banking services.  This Resolution takes effect immediately.

 

18.     RESOLUTION NO. 39-02 – PROMOTION – POLICE SERGEANT – JOHN EDWARDS – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and unanimously 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 following employees in the Middle Township Police Department are hereby promoted to the titles opposite their name at the following salaries:                         

        Name                                      Title                                                                        Salary                                     Eff. Date

                John Edwards                       Police Sergeant                                                     $60,967.00                              2/4/02

 

19.   RESOLUTION NO. 40-02 – APPOINTMENT – TELECOMMUNICATIONS OPERATOR P/T – MICHAEL BUTTERFIELD – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and unanimously 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                                            TITLE                                                                                    SALARY                               EFF. DATE

        Michael Butterfield                      Telecommunications Operator P/T                                   $9.50 per hr.                           1/4/02

 

20.   RESOLUTION NO. 41-02 – APPOINTMENT – MECHANIC – PUBLIC WORKS – DANIEL SIMPSON – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously 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 employees are hereby appointed to the following positions at the salary opposite their names:                 

        NAME                                            TITLE                                                                                    SALARY                               EFF. DATE

        Daniel                                             Mechanic                                                                              $28,000.00                              2/4/02

 

21.   RESOLUTION NO. 42-02 – CHANGE IN CIVIL SERVICE TITLES – WILLIAM CANDELL – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:                        

        NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township, the governing body thereof, that the civil service title of the following employee be changed as follows:                                                                                                                          

        NAME                                            TO                                                                                          SALARY                               EFF. DATE

        William Candell                            Animal Control Officer                                                        $25,799.00                              2/4/02

        William Candell                            Animal Cruelty Investigator                                               $1.00                                       1/1/02

        William Candell                            Code Enforcement Officer                                                  $1.00                                       2/4/02

 

22.   RESOLUTION NO. 43-02 – APPOINTMENT OF ASSISTANT SECRETARY TO PLANNING BOARD – JOHN LUDLAM – On motion by Mayor Doughty seconded by Committeemember Leusner and unanimously 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 John Ludlam is hereby appointed as Assistant Secretary to the Planning Board to act in the absence of Carol Nicoletta, Secretary to the Planning Board.

 

23.   RESOLUTION NO. 44-02 – AWARD OF BID – BIKE PATH – ALBRECHT & HEUN INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, it has been deemed necessary and desirable to solicit bids for Construction of a Bike Path and

        WHEREAS, sealed bids were received on January 16, 2002 at 3:30 P.M. and

        WHEREAS, it appears that the following bid submitted represents a figure equal to the lowest bid received which complies with specifications.

        NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Contract for the Construction of the Bike Path shall be awarded to Albrecht & Heun Inc for a total bid price of $149,784.50.

        FURTHER RESOLVED, that this award is conditioned upon submission of Initial Project Workforce Report-Construction and Treasurer’s Certification of availability of fund.

 

24.   RESOLUTION NO. 45-02 – AUTHORIZATION TO APPLY FOR ISTEA GRANT FOR MUNICIPAL PARKING LOT ENHANCEMENT PROJECT – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously 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 approval for the Application for an ISTEA Grant for funding for the Municipal Parking Lot Enhancement Project, is hereby approved.

        FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

 

25.   RESOLUTION NO. 46-02 – SUPPORT FOR EXTENSION OF SHUNPIKE ROAD – On motion by Mayor Doughty seconded by Committeemember Leusner and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, the Township of Middle is in need of a north/south corridor parallel with Rt. 9 in order to provide residents and visitors with an alternate means of traveling from the southern end of the Township and/or from Lower Township to Cape May Court House.

        WHEREAS, it is the opinion of the Township Committee of the Township of Middle that this is a long overdue and needed improvement,

        WHEREAS, the Township of Middle has requested the County Board of Freeholders to provide assistance in developing this roadway.

        NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, to request the assistance and support of the Cape May County Board of Freeholders in developing this roadway.

 

26.   RESOLUTION NO. 47-02 – APPROVE FAMILY LEAVE – WILLIAM EVERINGHAM – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously 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 Family Leave for William Everingham from January 1, 2002 for a period not to exceed 12 weeks.

 

27.   RETIREMENTS AND RESIGNATIONS – Dolly Laing, Administrative Secretary in the Police Department, Roy Frazier, Animal Control Officer and Donna Kelly, Telecommunications Officer have submitted their requests for retirement effective February 1, 2002.  David Webb, Superintendent of Public Works and Police Officers Jack Kirwin and Howard Oliver have submitted their request for retirement effective March 1, 2002.  Penny Lord, Clerk Typist in the Tax Assessors Office submitted her letter of resignation effective January 11, 2002.

 

28.   REPORTS – The Township Clerk submitted her report for the month of December 2001 showing $19,685.38 paid to the Treasurer for the General Account and $5,175.00 for Trust Other.  The Zoning Official submitted her report for the month of December 2001 showing $1,941.00 paid to the Treasurer for the General Account and $237,988.34 for Trust Other.  The Construction Official submitted his report for the month of December 2001 showing $25,332.00 paid to the Treasurer for the General Account and $1,822.00 for Trust Other.  The Tax Collector submitted her report for the month of December 2001 showing $971,215.33 in Total Receipts.  The Court Administrator submitted her report for the month of December 2001 showing $11,248.50 paid to the Treasurer.

 

29.   APPROVAL OF MINUTES OF PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the minutes of Township Committee meetings held on December 31, 2001 and January 1, 2002 were approved.

 

30.   APPROVAL OF BILLS FOR PAYMENT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the bills were ordered paid.

 

31.   REQUEST FOR USE OF COURT ROOM – The Atlantic City Press has requested the use of the Court Room on March 8, 2002 from 9 AM until 12:30 PM for the Annual Scripps Howard National Spelling Bee.  On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, approval was granted.

 

32.   RESOLUTION NO. 48-02 – CLOSED SESSION – LABOR NEGOTIATIONS, ANTICIPATED LITIGATION – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously 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,

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

        The public shall be excluded from the discussion of an action upon the hereinafter specified matter:

        LABOR NEGOTIATIONS, ANTICIPATED LITIGATION

        The general nature of  the subject matter to be discussed is as follows:  LABOR NEGOTIATIONS, ANTICIPATED LITIGATION

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

        This resolution shall take effect immediately.

 

33.   RESOLUTION NO. 49-02 – DEFER SCHOOL TAX – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, by Statute, when a municipality raises school taxes on a school year basis, an amount of not more than 50 per cent of the levy may be deferred to the following year; and

        WHEREAS, 50 per cent of the school tax levy of the Township of Middle School District is $6,527,850.00;

        NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Middle, desires to defer school taxes to the Year 2002 in the amount of $6,527,850.00.

 

34.   RESOLUTION NO. 50-02 – AUTHORIZATION TO SIGN AGREEMENT FOR PUBLIC FACILITIES FUND GRANT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously 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 Public Facilities Grant Agreement for the Whitesboro Water is hereby approved, and

        FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

 

35.   RESOLUTION NO. 51-02 – REQUESTING APPROVAL OF THE DIRECTOR OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATION BY RIDER FOR ACCUMULATED ABSENCES, PURSUANT TO N.J.A.C.5:30-15 – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and,

        WHEREAS, N.J.A.C. 5:30-15 allows municipalities to receive amounts for costs incurred for Accumulated Absences; and

        WHEREAS, N.J.S.A.40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of moneys by dedication by rider:

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

1.        The Township Committee does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of the Accumulated Absences created in accordance with the provisions of N.J.A.C.5:30-15 as per N.J.S.A.40:4-39.

2.        The Township Clerk of the Township of Middle is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

 

36.   RESOLUTION  NO. 52-02 – CANCELLATION OF INTEREST ON A SEWER ACCOUNT – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, Interest was cancelled and payment plan was approved on account number 14431.

 

37.   RESOLUTION NO. 53-02 – CONFIRMATION OF SALE OF LAND – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, the Township Committee of the Township of Middle, the Governing Board thereof, by proper resolution, directed that a public sale be held in the Municipal Court Room, Middle Township Hall, 33 Mechanic Street, Cape May Court House, NJ, and that certain lands and premises owned by, and situate within the Township of Middle, County of Cape May, State of New Jersey, be sold as follows:

        Resolution No. 190-01 Adopted July 2, 2001   Sale Date:  July 25, 2001

        WHEREAS, said sale was held at the above time and place, and said premises were sold to the highest bidder, as follows:

       

Parcel #2

$5,500.00

Block 815

Lots 12-20

Bates Street

Whitesboro

Parcel #6

$2,000.00

Block 814

Lots 17-20

Newark Ave

Whitesboro

 

        WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

 

       

Parcel #2

Michael Trovarelli, 550 Shunpike Road, CMCH, NJ  08210

Parcel #6

Michael Trovarelli, 550 Shunpike Road, CMCH, NJ  08210

 

        NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby confirmed, and the Mayor and Clerk of the Township of Middle is hereby authorized and directed to convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of all taxes up to and including the calendar quarter during which said sale was held.

 

39.   RESOLUTION NO. 54-02 – TRANSFER OF FUNDS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, it is legal and lawful to make budget transfers on and after the first day of November in any budget year,

        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 transfers of budget appropriations be made in the budget of Middle Township for th year 2001:

 

FROM

AMOUNT

TO

Public Works S&W 081-100

800

Grants OE 021-200

Police S&W 065-100

4,700

Finance OE 015-200

Police S&W 065-100

800

Recreation OE 097-300

Police S&W 065-100

130

Maint. & Service Pol 221-299

Police S&W 065-100

9,600

Police OE 065-200

Police S&W 065-100

135

Telephone 214-400

Police S&W 065-100

4,000

Motor Pool 081-600

Public Works S&W 081-100

3,000

Police OE 065-200

 

 

39.   RESOLUTION NO. 55-02 – AUTHORIZE MAYOR TO SIGN DOCUMENTS – DEPARTMENT OF TRANSPORTATION ENHANCEMENT AGREEMENT – BIKE PATH – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously 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 Department of Transportation Enhancement Agreement for the Bike Path is hereby approved, and

        FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

 

40.   RESOLUTION NO. 56-02 – RENEWAL OF GRAVEL PIT PERMITS – 2002 – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, the several Gravel Pit Permit Renewal applications listed below have been found to be in proper form, and the fee paid in each case.

        NOW THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby renewed for the calendar year 2002:

        ____________________________________________________________________________________________

        NO                  NAME OF LICENSE                                            BLOCK/LOT                         ACREAGE                             FEE

        ____________________________________________________________________________________________

        4                      Earthwork Associates Inc                                  98/16.01                                  35.3                                         600.

        6                      Albrecht & Heun Inc                                           94/16                                       55.23                                       600

        7                      Albrecht & Heun Inc                                           94/7,15                                    99.54                                       600

        8                      Gerald A Barrett Inc                                             472/11.01                                12                                            600

        9                      Gerald A Barrett Inc                                             472/33                                     7.38                                         400

        11                    Albrecht & Heun Inc                                           95.03/6                                    51.46                                       600

        12                    James Overstreet & Andrew Fifer                     168/9.02                                  42                                            600

        13                    Samuel Bradway                                                   1410.01/32                              26                                            600

        14                    Frank Carpino                                                       168/20                                     14.85                                       600

        16                    Albrecht & Heun Inc                                           11/5,6,7                                   15.50                                       600

        24                    T-K Sand & Gravel Co Inc                                  96/28                                       8                                              400

 

FURTHER RESOLVED, that the above licenses be issued upon the conditions set forth by the Township Engineer in the letters attached to each License.

 

41.   RESOLUTION NO. 57-02 – FORECLOSURE GROUP #176 – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, Foreclosure Group #176 was approved.

 

42.   RESOLUTION NO. 58-02 – FORECLOSURE #177 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll, Foreclosure Group #177 was approved.

 

43.   RESOLUTION NO. 59-02 – PUBLIC SALE OF LAND – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and unanimously passed on roll call, the following resolution was adopted:

        WHEREAS, the local Lands and Building Law (N.J.S.40A-12-1 et seq) authorizes the sale of any real property, capital improvements or interest herein, not needed for public use, and

        WHEREAS, it appears to be in the best interest of the Township of Middle to dispose of certain real property which is not needed for public use, which property is more fully described as in Schedule “A” annexed hereto.

        NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, as follows:

1.        It is hereby determined that the parcels of real property set forth in Schedule “A” annexed hereto are not needed for public use.

2.        Said parcels of real property shall be sold at a public auction sale to be conducted by Tracey DeVico, Temporary Chief Financial Officer, at the Middle Township Hall, Meeting Room, 33 Mechanic Street, Cape May Court House, New Jersey on Wednesday, February 27, 2002 at 10:00 A.M.

3.        A notice of said sale, which notice shall included the entire contents of the Resolution shall be published in the Herald Times in its issues of February 13th and February 20th, 2002.  The general terms and conditions of the sale shall be as follows:

 

A.      The sale of the parcels shall be by public auction highest bidder.  The minimum bid for parcel shall be as specified in Schedule “A” annexed hereto; provided, however, that the right is reserved to reject all bids for said parcels.

B.       The sale of said parcel shall be subject to confirmation by the Township Committee of the Township of Middle.

C.       In the case said parcel to be sold which is less than the minimum size required for development under the Middle Township Zoning Ordinance, and which is without any capital improvements thereon, the sale shall not be confirmed until the owners of each contiguous parcel of land has been given the right to purchase the parcel to be sold, upon the same terms and the same price offered by the highest bidder.

D.      All payments required to be made hereunder may be made by personal check, cash or certified check or any cominations of the foregoing.

E.       A sum equal to 10% of the highest bid for said parcel shall be paid to the Township of Middle by the highest bidder at the time of sale.

F.       In addition to said 10% payment, at the time of the sale the highest bidder shall pay the sum of $124.00 for preparing and recording the Deed.  At time of settlement, the highest bidder shall produce a title insurance policy warranting that the Township is conveying clear title.  The highest bidder may, at the time of sale, request that the Township acquire such title policy for him.  In such event he shall deposit the sum of $230.00 for the preparation charge and $5.25 for each $1,000.00 in excess of $31,000.00 or portion thereof, of the sale price.  All checks shall be made payable to the Township of Middle.

G.       The remaining balance of 90% of the highest bid for said parcel shall be paid to the Township of Middle and must be received by Tracey L. DeVico, Temporary Chief Financial Officer not later than seventy (70) days after the date of the sale.

H.      The deed shall be a Bargain and Sale Deed, and the title to be delivered shall be free and cleark of all taxes up to and including the calendar quarter in which the sale takes place.

I.         The title to be delivered shall be under the subject to all easements and right-or way, recorded and unrecorded, whether for utilities or for others.

J.        Unless otherwise specified herein, the purchaser shall be liable for payment of all assessments of any nature against said land.

K.      If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the bidder shall be limited to the return of payments made to the Township of Middle

L.       The Township of Middle will not construct or maintain access roads to any portion of the described property.  The property may not qualify for a building permit, due to lack of water supply, lack of sewer service, lack of access, inadequate lot size or other reason.  The purchases must comply with all applicable zoning, building and health ordinances and regulations and Wetlands Laws.

M.     All references to lots and blocks contained in the attached Schedule are to the lots and blocks as shown on the present Official Tax Map of the Township of Middle.

 

        1.     BLOCK:  299         LOT(S): 16                             2.             BLOCK: 882          LOT(S): 30,32,34,36,38,40 (EVEN)

                APPROX SIZE:     50X200                                                   APPROX SIZE:     150X150

                MINIMUM BID:  $22,000.00                                              MINIMUM BID:  $3,600.00

 

        3.     BLOCK: 938          LOT(S):  29,31 (ODD)          4.             BLOCK: 939          LOT(S):  22,24,26 (EVEN)

                APPROX SIZE:     50X150                                                   APPROX SIZE:     75X150

                MINIMUM BID:  $3,000.00                                                MINIMUM BID:  $1,200.00

 

        5.     BLOCK: 416          LOT(S):  21-22                       6.             BLOCK: 822          LOT(S):  1-4

                APPROX SIZE:     60X100                                                   APPROX SIZE:     150X74 IRR

                MINIMUM BID:  $10,000.00                                              MINIMUM BID:  $1,600.00

 

        7.     BLOCK: 670          LOT(S):  21-24                       8.             BLOCK: 821          LOT(S):  37,39 AND 40

                APPROX SIZE:     100X100                                                 APPROX SIZE:     75X125

                MINIMUM BID:  $1,600.00                                                MINIMUM BID:  $1,800.00

 

44.   RESOLUTION NO. 60-02 – LOCAL PUBLIC CONTRACT – STEPHEN MARTINELLI – SURVEYING SERVICES – LAND ACQUISITION – RIO GRANDE RECREATION FACILITY – On motion by Committeemember Leusner seconded by Mayor Doughty and unanimously passed on roll call, the following resolution was adopted:

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, 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 person is hereby appointed to the position designated below.

STEPHEN MARTINELLI – SURVEYING SERVICES – LAND ACQUISITION – RIO GRANDE RECREATION FACILITY

BE IT RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

 

45.   HARBOR BAY – APPLICANTS WERE PRESENT TO ADDRESS COMMITTEE – (The following portion of the meeting was transcribed by applicants)

        Richrd Hluchan, Attorney representing applicant.  Mr. Hluchan introduced Mr. Wolfington, the applicant.

        Wolfington – asked Township Committee for permission to tie into the sewer line. Stated he has CAFRA, DEP and Planning Board approvals for his site plan.

        Solicitor Bruce Gorman – advised that he was speaking for the Committee, and that the Committee has no questions at the present time and will take the matter under advisement.

        Hluchan – asked when he could expect a decision.

        Gorman – stated he would be in touch with him.

        Members of the public asked questions of the applicant.

        Larry Newbold – who will keep up pumping station.

        Wolfington – Harbor Bay, the owner of the Shopping Center will pay all costs.

        Bob Nagle – concerned with traffic on Avalon Boulevard.

        Hluchan – Plans were already approved and are on file with the Planning Board.

        Wolfington – stated a traffic engineer did do a report.

        Len Panteleo – discussed Zoning

        Hluchan – plan was approved by Planning Board

 

        Larry Newbold – concerned about use of Middle Township employees to fix drainage problem on Cynwyd Drive.  He feels Developer Jack Wright should have corrected this.

        Administrator Alexis – stated that homes that were built, after performance bond had been returned to Mr. Wright, were the cause of the drainage problems.

        Engineer Orlando – Township Engineer, Al Herman, approved original plan for the development in 1985.  In 1989 or 1990 the bond was released.  Improvement being done now was not part of the original bond requirement.

        Newbold – read letter from Alexis to Rixey regarding water on Shadow Lane.

        Newbold – asked what the cost was to the Township to make the repairs.

        Alexis - $2,500 - $3,000

        Mayor Doughty – it was a health problem (mosquito breeding ground) and needed to be taken care of.

 

        Len Panteleo – concerned with Stone Harbor Golf Club Gated Community

        Orlando – explained what a Gated Community was.

        Gorman – stated that they would be responsible for maintaining the upkeep for their roads.

        Panteleo – asked If the applicant will have to supply affordable housing.

        Alexis – rules of COAH apply, they will have to contribute to meet obligation in Township.

 

        Peggy Mathis – asked about damage on Benny’s Landing Road.

        Doughty – upcoming bond ordinance will cover cost and repair will be made.

 

        Peggy Mathis – asked for schedule of Master Plan meetings.

        Orlando – Committee meetings are open to the public and are the 1st Monday of every month at 7 PM. Public Hearings will be announced.

        Mathis – asked if there are minutes.

        Orlando – he has been taking notes.

 

        Florence Love – asked for the status of the access road for her home in Grassy Sounds.

        Gorman – waiting for last appraisal, once that is in her will notify the property owner, Mr. Gianopolis, who will have 20 days to respond.  He states it is a very complicated issue but is proceeding forward.

 

        Jim Carroll – concerned with trash cans that are not property covered.  Township Ordinances state that they must have a lid.  He feels Ordinance is not being enforced.

        Carroll – state that Commercial Development should fund the Clean Community Program.

 

        Vilma Pombo – asked if Township has Ordinance creating Shade Tree, Environment and Historical Commissions.

        Committee – Shade Tree and Environmental Commission are created by Ordinance.

 

        Barbara Tomalino – concerned that resolutions are not being made available until after Township meeting.

        Township Clerk Sharon Coco – policy is that resolutions will be made available to the public after being reviewed by Township Committee.  Committee at the Township Meeting reviews resolutions, therefore they are available at the close of the meeting.

        Tomalino – stated that 481 municipalities in the State of New Jersey have work sessions to review resolutions prior to regular meeting.

        Mayor Doughty – Committee is looking into holding Work Sessions to review agenda prior to Regular Meeting.

 

        Larry Newbold – stated concerns regarding test results for Wildwood Water.

        Doughty – Will loo