Cape May Court House, NJ
June 16, 2003 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 Leusner and Committeemember DeLanzo, Attorney Gorman, Engineer Orlando, & Deputy Clerk Kimberly Tomkinson, and Deputy Clerk Dawn Stimmel. Clerk/Administrator Alexis was absent.
1. RESOLUTION NO. 258-03 – APPOINTMENTS –
BOARD MEMBERS – On motion by Committeemember DeLanzo seconded by
Committeemember Leusner 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 named persons be and hereby are appointed to fill the following offices:
|
OFFICE
|
NAME |
TERM EXPIRES |
|
County Advisory Board(Middle Rep) |
Sue Farrow |
6/16/2004 |
|
Rent Leveling Board / Member at Large |
Frank Heise |
12/31/2007 |
|
Recreation Advisory Board (Council) |
Bill Heun Jr. |
12/31/2003 |
|
Advisor - Recreation Advisory Board (Council) |
Fred Teasenfitz |
12/31/2003 |
|
Recreation Advisory Board (Council) |
Robert Matthews Jr. |
12/31/2003 |
|
Recreation Advisory Board (Council) |
Clarence Davies Jr. |
12/31/2003 |
|
Recreation Advisory Board (Council) |
George Lewis |
12/31/2004 |
|
Recreation Advisory Board (Council) |
Teresa Di Peso |
12/31/2004 |
|
Recreation Advisory Board (Council) |
Benton Weimer |
12/31/2004 |
|
Recreation Advisory Board (Council) |
Warren Wade |
12/31/2004 |
|
Recreation Advisory Board (Council) |
Francey Burke |
12/31/2005 |
|
Recreation Advisory Board (Council) |
Georgiana Davies |
12/31/2005 |
|
Recreation Advisory Board (Council) |
Mary Durkin |
12/31/2005 |
|
Recreation Advisory Board (Council) |
Joe Tomlin |
12/31/2005 |
2. ORDINANCE NO. 1136-03 – VACATING A PORTION OF 6TH AVENUE AS SHOWN ON SHEET 29.15 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1136-03 was adopted on motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.
3. RESOLUTION
NO. 259-03 – TABULATION COMMITTEE – MARTIN LUTHER KING CENTER ADDITION – On
motion by Committeemember Leusner 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 Township
Clerk/Administrator James Alexis, Chief Finance Officer Tracey DeVico, Scott
Burnley -President of AUSKBA Architecture, Inc., and Greg Arnold be and hereby
are appointed to tabulate the bids to be taken on July 10, 2003 at 2:00p.m. in
the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court
House, NJ for the following:
MARTIN LUTHER KIND CENTER ADDITION
4. RESOLUTION NO. 260-03 – APPROVE LEAVE OF
ABSENCE – MELISSA THOMAS – On motion by Committeemember Leusner 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 Leave of Absence without pay for Melissa Thomas, be approved from July 6, 2003 through September 3, 2003.
5. RESOLUTION NO. 261-03 – RENEWAL OF
MEMBERSHIP IN THE ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND – On
motion by Committeemember Leusner seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
WHEREAS, the Township of Middle is a member of the Atlantic County Joint Insurance Fund (hereinafter the “FUND”), and
WHEREAS, said membership terminates as of January 1, 2004 unless earlier renewed by agreement between the municipality and the FUND, and
WHEREAS, the Township of Middle desires to renew said membership.
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 as follows:
6. RESOLUTION NO. 262-03 – ACKNOWLEDGEMENT OF
RESIGNATION – On motion by Committeemember DeLanzo seconded by
Committeemember Leusner 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 resignation listed below is acknowledged.
EMPLOYEE DEPARTMENT EFFECTIVE
|
Katie Berg |
Telecommunications |
June 24, 2003 |
7. RESOLUTION NO. 263-03 – APPROVE APPLICATION
FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE - On motion by Committeemember
Leusner seconded by Committeemember DeLanzo and passed on roll call, the following
resolution was adopted.
WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 Raffle Night September 14, 2003 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 3:00pm is hereby approved.
8. RESOLUTION NO. 264-03 – APPROVE APPLICATION
FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE - On motion by Committeemember
Leusner seconded by Committeemember DeLanzo and passed on roll call, the
following resolution was adopted.
WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 Raffle Night September 14, 2003 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 4:00pm is hereby approved.
9. RESOLUTION NO. 265-03 – APPROVE APPLICATION
FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE - On motion by Committeemember
DeLanzo seconded by Mayor Doughty and passed on roll call, the following
resolution was adopted.
WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 Raffle Night December 12, 2003 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 8:30pm is hereby approved.
10. REPORTS – The following reports have been submitted to the Municipal Clerk’s
office; Tax Collector’s report for the month of May; Municipal Courts. These
reports are available for public inspection in the Township Clerk’s Office.
11. RESOLUTION NO. 266-03 – APPROVING PAYMENT
FOR ALL BILLS - On motion by Committeemember Leusner 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 payment for all bills is hereby approved.
12. RESOLUTION NO. 267-03 – APPROVING MINUTES
FOR PREVIOUS MEETING - On motion by Committeemember Leusner 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 minutes from Township Committee Meeting dated June 2, 2003 are hereby approved.
13. RESOLUTION NO. 268-03 – REDUCTION OF
PERFORMANCE BOND – ROS LEN INC. - On motion by Mayor Doughty seconded by
Committeemember DeLanzo and passed on roll call, the following resolution was
adopted.
WHEREAS, $106,047.60 is being held as a performance guarantee of Ros Len Inc. for site improvements at Block 166, Lot 14.01, also known as Dias Creek, CMCH, and
WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $63,661.00 have been completed, and
WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $42,386.60.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Site Improvement Performance Bond at Gulf Insurance Co. be and is hereby reduced to $42,386.60
14. RESOLUTION NO. 269-03 – RELEASE OF
PERFORMANCE BOND – JOHN P. FORD AND MICHAEL B. NESTOR - On motion by Mayor Doughty seconded by Committeemember
DeLanzo and passed on roll call, the following resolution was adopted.
WHEREAS, $15,000.00 is being held as a Performance Guarantee for John P. Ford and Michael B. Nestor for site plan improvements at Rte 9 South, Rio Grande, and
WHEREAS, the Engineer for the Township of Middle has conducted his inspection and certified that all improvements have been completed, and
WHEREAS, the Zoning Officer for the Township of Middle has recommended that the performance bond be released, and
WHEREAS, the Land Use Law of the State of New Jersey (NJS 40:55D-1 et seq) requires such a release upon recommendation by the Township Engineer.
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 in the name of John P. Ford and Michael B. Nestor be and is hereby released.
15. RESOLUTION NO. 270-03 – APPROVE AMUSEMENT
GAMES FOR ANNUAL 4-H FAIR – DANNY RISTICK - On motion by Committeemember
Leusner seconded by Committeemember DeLanzo and passed on roll call, the
following resolution was adopted.
WHEREAS,
the Township of Middle, County of Cape May, and State of New Jersey contains a
place where an Agricultural Fair and Exhibition organized for the purpose of
holding Agricultural Fairs and Exhibitions which is approved by the State
Department of Agriculture, and
WHEREAS,
proper applications have been made to the Township of Middle, County of Cape
May, State of New Jersey and the proper fees have been paid.
THEREFORE
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of
Cape May and State of New Jersey that the Amusement Games applicants are hereby
licensed by the Township of Middle pursuant to the "Amusement Games
Licensing Law" for the games mentioned in said applications for the period
of July 17, 2002 through July 19, 2002 at the Cape May County 4-H Fairgrounds,
Dennisville Rd. Cape May Court House, NJ.
16. RESOLUTION NO. 271-03 – RENEWAL OF
ALCOHOLIC BEVERAGE LICENSE – JERSEY DEVIL COUNTRY CLUB - On motion by Committeemember Leusner
seconded by Mayor Doughty 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, 2003, 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 no objection filed and all $100.00 State Filing Fees received and forwarded,
THEREFORE 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 Jersey Devil Country Club, Inc. 0506-31-008-002 a Club License, and
BE IT FURTHER RESOLVED, that this
license 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.
17. RESOLUTION NO. 272-03 – CONFIRMATION OF
SALE OF LAND - On motion by Committeemember Leusner seconded by
Committeemember DeLanzo and passed on roll call, the following resolution was
adopted.
WHEREAS,
the Township Committee, the Governing Body of the Township of Middle, by proper
resolution, directed that a public sale be held at the meeting room, 33
Mechanic Street, Cape May Court House, N.J., and that certain lands and
premises owned by, and situated within, the Township of Middle, County of Cape
May, State of New Jersey, be sold, as follows:
Resolution
No.: 198-03 Adopted:
May 5, 2003 Sale Date: May 28, 2003
WHEREAS,
said public sale was held at the above time and place, and said premises were
sold to the highest bidder, as follows:
Premises:
Parcel
# 3 $5.700.00 Block: 204 Lot: 97 & 99
WHEREAS,
said highest bidder has requested that said lands and premises be conveyed as
follows:
Parcel #
3 Robert P. and James M.
Rixey 12 S Main St Cape May Ct Hse, 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 are 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.
18. RESOLUTION NO. 273-03 – LOCAL PUBLIC
CONTRACT – SALMON VENTURES LTD – CONSULTING SERVICES - On motion by
Committeemember Leusner seconded by Committeemember DeLanzo and 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 for the period beginning on :
1.
Description of Services
Work
with city, county, state and federal government to create a strategy to fund
various capitol and infrastructure projects that have been identified by
Township Officials.
Assist
the Mayor and Members of Township Committee in their lobbying efforts in
obtaining needed county, state and federal funds and grants to complete said
projects.
Maintain
a successful working relationship with governmental agencies, departments and
decision-makers at the state and federal levels of government.
Arrange
necessary meetings with key decision-makers at all four levels of government.
Attend
meetings, conferences, workshops, and planning sessions when requested. Prepare documents necessary for these
events.
Provide
advice, background material, research, and recommendations on the competitive
alternatives in the electric, natural gas, and telephone industries.
Provide
advice, background materials, research, and recommendations concerning water,
wastewater, solid waste, and resource recovery issues.
Represent
the Township of Middle in all aspects of the cable franchise agreement:
negotiate new agreements when applicable; monitor agreement; insure compliance
by company; and establish a successful working relationship with the Cable
Division of the NJ Board of Public Utilities.
Provide
advice and counsel on other important issues and controversies facing the
Township of Middle.
BE IT FURTHER 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.
As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $______________ has been bid for the following service or items__________________ It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.
PO#________________________________________.
_________________________________________
Tracey L. Taverner, CFO
19. RESOLUTION NO. 274-03 – CONCURRING TO PROPOSED
NO PASSING ZONE RECOMMENDATION FOR NJ 47 IN THE VICINITY OF HOLLY DRIVE IN
MIDDLE TOWNSHIP – On motion by Mayor Doughty seconded by Committeemember
DeLanzo and passed on roll call, the following resolution was adopted.
WHEREAS, per Chapter 236, Article II, Section 236-14 of the Code of the Township of Middle no-passing zones are to be established and maintained as authorized by the New Jersey Department of Transportation, and
WHEREAS, the State of New Jersey Department of Transportation has recommended that a portion of Rte 47 E/B and W/B between M.P. 7.6 to M.P. 10.0 be considered as a “ No Passing Zone”.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the recommendation to designate a portion of Rte 47 E/B and W/B between M.P. 7.6 to M.P. 10.0 be considered as a “ No Passing Zone” is hereby agreed upon.
20. RESOLUTION NO. 275-03 – CLOSED SESSION –
MATTERS OF ANTICIPATED LITIGATION – On motion by Committeemember Leusner
seconded by Committeemember DeLanzo 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,
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: MATTERS OF ANTICIPATED LITIGATION.
2. The general nature of the subject matter to be discussed is as follows: MATTERS OF ANTICIPATED LITIGATION
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.
21. PUBLIC COMMENT:
Committeemember
DeLanzo spoke of the new advisory committee and their interest in many up and
coming events such as the 4th of July celebration held at the
Clarence Davies Sports Complex starting at 3pm of Friday July 4th
2003. There will be live music, raffles, games, and fireworks beginning at
dusk. There has been a little change to the food menu …. This year there will
be pulled pork, baked beans, and corn on the cob as well.
Mayor Doughty
commented that it is quite an event but to make sure you get the early for
parking becomes quite difficult.
Committeemember
Leusner informed the public on his meeting with Steve Haler of the Elks Club
and their endeavor in the search for land to build their clubhouse. Also, the
bike path is up and running along with TJ Maxx. Big Lots is proposing a new
location in North Cape May at the old Ames Shopping Center. They will be
looking for 120 + employees.
Mayor Doughty
commented about the 4-year hiatus with the Bus Shelters and finally one is to
be placed out front of the Burdette Tomlin Memorial Hospital.
Velma Polmbo –
inquired to whether or not Middle Township has an environmental commission?
Vince Orlando
informed her that we M.T. used to have a group that set plans up together with
the Zoning Department a long time ago and those plans are available in the
Zoning Department.
Vince Orlando
reminded that public that there will be 3 meetings for the Master Plan, the
dates will be published in the Herald Times. July 2, 15, 24
Len Pantaleo asked Vince if he had a chance to speak with Bruce regarding the contract for Acme in Swainton and the Reduced Square Footage?
Vince Orlando informed Bruce of the matter and a resolution Mr. Pantaleo had questioned.
Bruce reassured Mr. Pantaleo that Mr. Orlando will submit in writing his concern for clarification and he will get back to him.
Nancy Wheeler Driscoll – Swainton ( Lord Land Resident) – Presented Committee with a “plea” to they regarding the proposed Acme Shopping Center in Swainton and her concern with the “future traffic” ( see attached letter)
Betty Corson and Russ Blair from Cape May County Board of
Agriculture – Invited Township Committee
to a tour of their facility (Coastal Agriculture & Seafood Industry) on
Thursday August 7, 2003 from 9am – 3pm including 2 farms and 2 seafood stops.
Lunch will be provided.
Andy D. – Pierces Point – Does Mayor know status of his request for Off Premise Signs?
Mayor Doughty no, but I will look into it.
Vince Orlando stated that the applicant would have to make application to the Zoning Board
Committeemember Leusner asked Committee if it would be a possibility to grant them temporary stay
(relief)?
Mayor Doughty – probably, it has been done before
(Township Committee passes a resolution for temporary relief pending zoning board approval for Regina’s Marina at Pierce’s Point.)(See Below)
22. RESOLUTION
NO. 276-03 – AUTHORIZING TEMPORARY RELIEF FOR REGINA’S MARINA – PENING ZONING
BOARD APPROVAL – On motion by Committeemember Leusner seconded by Mayor
Doughty and passed on roll call, the following resolution was adopted.
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, New Jersey, that temporary relief is hereby granted for Regina’s Marina located at 123 Beach Drive, Pierce’s Point for a period ending September 30, 2003 pending approval by the Zoning Board.
Continued with public portion ……
Mr. Highest – Has Stone Harbor Marina or Kindle Ford submitted an application yet to the Board?
Vince Orlando – No
Jim Doran – Del Haven – Wanted to know the status of the Thompkins Development?
Vince Orlando – nothing has changed, verbal approval has been granted to remove stumps and grade the area / clean up.
Mayor Doughty “bottom Line” nothing has been received yet from the DEP
Jim Doran – Can’t they be forced to replant the area?
Vince Orlando – No
J. Doran – Why not?
Mayor Doughty – because this there is a violation regarding the State and the State supersedes the Township
J. Doran – Isn’t Township Committee Concerned?
Mayor Doughty – this project is now in the state’s hands and right now it is out of our control.
J. Doran – “ I am amazed that the Township doesn’t have any permission to do anything with this project”
Mary Kelly –Pierces Point – What type of “pill” does this developer in Swainton have with the DEP to get approvals but the Township can’t even get a Burm.
Vince Orlando - the applicant anticipated approval which they did receive, a burm is a different situation and more difficult to get approval for. If you comply with the requirements then you get a permit, if not you jump through hoops. DEP cannot decide within its own department whether or not to give the Mosquito Commission a permit.
Bruce Gorman – the DEP is uncontrollable
Mr. Sabastiano – Pierces Point – Since DEP stopped the Mosquito Commission everyone will get flooded – the Delaware Bay is what is causing the flooding in Del Haven – Not Thompkins
Peggy Mathis – Can’t we get rid of the DEP?
Bruce – It took an act of legislation to create the DEP – it will take one to destroy it.
Committeemember Leusner stated that politics does not play a part in the zoning and planning boards decisions – In the past years Township Committee has been there for the residents of Middle Township regarding major projects that would impact our area. Thompkins is not the culprit – DEP is a monster
Sue Farrow – Goshen Landing Road – lives on a Street with no construction and has experiences flooding on her street…… This hasn’t happened since Hurricane Gloria
Robert Long – Honeysuckle Lane – Is there any ordinance to protect against developers taking down trees on a property and the percentage of vegetation they must maintain?
Vince Orlando – (Clarified the Tree Ordinance to Mr. Long)
There being no
further business, the meeting was adjourned at 8pm
_______________________________
Kimberly
Tomkinson , Deputy Clerk