Cape May Court House, NJ

May 5, 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, Clerk/Business Administrator Alexis, Attorney Gorman, Engineer Orlando, Deputy Clerk Kimberly Tomkinson

 

1.       PRESENTATION – AMERICAN LEGION AUXILIARY #198 – PINNING OF POPPY ON MAYOR

 

2.       ORDINANCE NO. 1127-03 – AMENDING SECTION 236-39 OF THE CODE OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1127-03 was readopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

3.       ORDINANCE NO. 1129-03 – VACATING PORTIONS OF WILDWOOD AVENUE, CENTRAL AVENUE, AND MAURICE AVENUE AS SHOWN ON SHEET 29.02 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1129-03 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.

 

4.       ORDINANCE NO. 1130-03 – ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1130-03 was adopted on motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

5.       ORDINANCE NO. 1131-03 – 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 1131-03 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.

 

6.       ORDINANCE NO. 1132-03 – 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 1132-03 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. 1133-03 – AMENDING CHAPTER 250, “ZONING” OF THE CODE OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1133-03 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.

 

8.       ORDINANCE NO. 1134-03 – BOND ORDINANCE AUTHORIZING THE ACQUISITION OF A SEWER TRUCK AND GENERATOR; APPROPRIATING THE SUM OF $250,000 THEREFORE; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $250,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING - Following second reading, hearing, and consideration for adoption, Ordinance 1134-03 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.

 

9.       ORDINANCE NO. 1135-03 – AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION PURSUANT TO N.J.S.A. 40A: 4-53(a) FOR THE ENGAGEMENT OF SPECIAL CONSULTANTS FOR THE PREPARATION OF A TAX MAP FOR THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY - Following second reading, hearing, and consideration for adoption, Ordinance 1135-03 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.

 

10.     RESOLUTION NO. 184-03 – APPROVE DONATION OF TIME FOR FELLOW EMPLOYEE – 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, that the request from the following Middle Township employees, to relinquish the following amount of time to Robert A. Hodges, be and hereby is approved:

EMPLOYEE NAME                                 TYPE OF DAY                          TIME DONATED 

Dawn Stimmel

Sick

5 Days

Joe Evangelista

Sick

1 Day

Elaine Gregory

Sick

2 Days

Christopher Leusner

Sick

1 Day

Richard McHale

Sick

3 Days

Scott Webster

Sick

2 Days

Jody Lowe

Vacation

1 Day

Kathy Meers

Vacation

1Day

Carl Neu

Sick

3 Days

George Seabrook

Sick

4 Days

Walter Turnier

Sick

10 Days

Bill Barger

Sick

5 Days

Rick Ceglarski

Vacation

3 Days

Dan Collins

Sick

10 Days

Jim Collins

Sick

5 Days

Allan Cropper

Sick

5 Days

Mike Lawrence

Sick

5 Days

George McClure

Sick

5 Days

Jim Pettit

Sick

3 Days

George Spalding

Sick

10 Days

Greg Arnold

Sick

5 Days

Tammy Devitt

Sick

1 Day

Sue Rennie

Sick

1 Day

Anthony Siderio

Sick

1 Day

Joe Ravitz

Sick

10 Days

Mel Atwood

Sick

10 Days

NOW THEREFORE BE IT FURTHER RESOLVED, that the total amount of contributed time be credited to Robert A. Hodges as Sick Days.

 

11.     RESOLUTION NO. 184-03 – PERSON-TO-PERSON TRANSFER OF CAMPGROUND LICENSE NO. 10- NORTH WILDWOOD – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Airways Construction and Electric is the holder in good standing of Campground License # 10, North Wildwood Campground located on Block 166, Lots 28 & 29, also known as 240 W. Shellbay Avenue, CMCH, and

WHEREAS, Airways Construction and Electric has made application to transfer Campground License # 10 to N/W Campground Inc., 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 Campground License # 10 be and hereby is transferred from Airways Construction and Electric to N/W Campground Inc.

 

12.     RESOLUTION NO. 185-03 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner Committeemember Leusner 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 Account as listed on the attached sheets shall be released.

 

13.     RESOLUTION NO. 186-03 – OPPOSING CHANGES IN PAAD AND SENIOR GOLD – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, President George W. Bush has not released $220 million in funds to the states, and

WHEREAS, Governor James McGreevey has suggested eligibility modifications in the PAAD Program and Senior Gold Program that would greatly affect our Senior Citizens, and

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that they strongly oppose these proposed changes because of the negative impact they will have on our Senior Citizens.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to Governor James E. McGreevey, Cape May County Legislators, and all Cape May County Municipalities.

 

14.     RESOLUTION NO. 187-03 – ADOPTING POLICY FOR REVENUE FROM VENDING MACHINES ON MUNICIPAL PROPERTY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township Committee of the Township of Middle, wishes to establish a program for the receipt of any revenue generated from vending machines located on Municipal property, and

WHEREAS, the policy has been developed by the Registered Municipal Accountant and Certified Chief Financial Officer,

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the attached Policy for Revenue from Vending Machines on Municipal Property is hereby adopted.

 

15.     REPORTS – The following offices submitted reports for the month of April; the Zoning Officials Office; Construction Officials Office; Municipal Clerk’s Office; Tax Collector’s Office. These reports are available in the Municipal Clerk’s Office for inspection.

 

16.     RESOLUTION NO. 188-03 – 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.

 

17.     RESOLUTION NO. 189-03 – 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 April 21, 2003 are hereby approved.

 

18.     RESOLUTION NO. 190-03 – AUTHORIZATION TO HOLD TENT/SIDEWALK SALE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Reynolds/ Rafters Department Store has requested permission to hold a tent/ sidewalk sale in their front parking lot on the dates indicated below:

Wednesday, May 21, 2003 through Monday, May 26, 2003

Wednesday, July 2, 2003 through Monday, July 6, 2003

Wednesday, July 9, 2003 through Monday July 14, 2003

Wednesday, August 27, 2003 through Tuesday September 2, 2003

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that Reynolds/Rafters Department Store is hereby authorized to hold a tent/sidewalk sale on the dates indicated above.

 

19.     RESOLUTION NO. 191-03 – AUTHORIZING RITA KIRK TO SIGN PURCHASE ORDERS IN THE ABSENCE OF CHIEF FINANCIAL OFFICER TRACEY DEVICO TAVERNER – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, when a Material Requisition is submitted to the Treasurer’s office the Chief Financial Officer must approve and certify fund availability for the order to be processed and become valid, and

WHEREAS, due to the impending family leave of Tracey DeVico Taverner, Chief Financial Officer, it is deemed necessary for the Township of Middle to designate someone to complete this task., and

WHEREAS, Rita Kirk has completed her certification to be a Registered Public Purchasing Specialist and is qualified to certify requisitions up to the bid threshold, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Rita Kirk is hereby designated to sign Purchase Orders in the absence of Tracey DeVico Taverner, Chief Financial Officer.

 

20.     RESOLUTION NO. 192-03 – APPOINTMENT – TELECOMMUNICATIONS OPERATOR – PART TIME – 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

TITLE

SALARY

EFF. DATE

Carrie Ann Cox

Telecommunications Operator P/T

$9.86 Per Hour

5/3/2003

 

21.     RESOLUTION NO. 193-03 – APPROVE APPLICATION FOR RAFFLE LICENSE – RIO GRANDE VOLUNTEER FIRE COMPANY JOINT COMMITTEE - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. NOTE * Municipal Attorney Bruce Gorman stepped down from podium to avoid possible conflict of interest. 

WHEREAS, Rio Grande Volunteer Fire Company Joint Committee has applied to Legalized Games of Chance Control Commission for Raffle Nights, and

WHEREAS, the location will be at, 1120 Rte 47 S., Rio Grande, NJ 08242, 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 (with the dates listed on the form attached) at the location of 1120 Rte 47 S., Rio Grande, is hereby approved.

 

22.     RESOLUTION NO. 194-03 – REFUND OF TAXES - On motion by Committeemember Leusner           seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

REFUND DUE TO MORTGAGE COMPANY OVERPAYMENT         

ACCT      BLOCK            LOT             OWNER/LOCATION                       AMOUNT    ck#        

6877

467

1

Rementer, Michael Jr

Property Location:  2 Linda Lane

614.02

11275

901

5

Davis, Marva L

Property Location:  700 Fishborn St

513.86

15400

438

23

Howey, Robert F & Linda S

Property Location:  101 Eldredge Ave

111.33

REFUNDS FOR THE PROPERTIES ABOVE MADE PAYABLE TO:

LERETA CORP

ATTN:  CENTRAL REFUNDS (VELGIN M BANKS OR SUSAN PADILLA)

BUILDING 550 3RD FLOOR

4910 RIVERGRADE RD

IRWINDALE, CA 91706

2084

99.01

5 C0026

Badyna, Raymond E

Property Location:  27 Siegtown Rd #88

311.21

16027

165.01

18.04

Salvo, David J & Rosellen

Property Location:  3 Country Acres Drive

824.32

17066

252

12.01

Robinson, John H & Kelly, Susan G

Property Location:  23 Schoolhouse Lane

615.99

17018

326

5.01 C0153

Taylor, Emily L

Property Location:  153 Lee Lane

80.37

REFUNDS FOR THE PROPERTIES ABOVE MADE PAYABLE TO:

COUNTRYWIDE TAX SERVICES

1757 TAPO CANYON RD

Suite 300

MS-SV24

SIMI VALLEY, CA 9306

5193

313

233

Russell, Charles R & Andrea

Property Location: 741 Stone Harbor Blvd

984.43

REFUND FOR PROPERTY LISTED ABOVE PAYABLE TO:

WELLS FARGO REAL ESTATE TAX SERVICES

MAC X2502-011

475 SW 5TH ST

DES MOINES, IA 5030

16685

168

42.07

Murray, William S

Property Location: 71 Honeysuckle Lane

431.45

17066

252

12.01

Robinson, John H & Kelly, Susan G

Property Location: 23 Schoolhouse Lane

615.99

4985

291

8.02

Jablonski, Carl L (former owner)

Property Location: 207 Cooper RD

892.48

6946

470

25

Roa, Erica J & Lindholm, Martin

Property Location:  25 Susan Lane

616.05

14606

1467

21

Furey, Ellen J

Property Location:  3 N 4th St

415.37

REFUNDS FOR THE PROPERTIES LISTED ABOVE PAYABLE TO:

FIRST AMERICAN REAL ESTATE TAX SERVICE

ROCHESTER AREA SERVICE CENTER

95 METHODIST HILL RD SUITE 100

ROCHESTER, NY 14623

ATTN:  NEW JERSEY TEAM

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 2003 taxes.

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

 

23.     RESOLUTION NO. 195-03 – DESIGNATING MAY 2003 AS SPAY & NEUTER MONTH IN MIDDLE TOWNSHIP - 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 acutely aware of the problems created by a growing pet and companion animal population which exceeds the number of caring and dedicated owners; and

WHEREAS, as available local resources are stretched to the breaking point in the provision of shelter services, it is clear that the aggressive promotion of spay and neuter programs is in the best interest of both citizens and tax payers as well as the animals of Middle Township, and

WHEREAS, the Cape May County Animal Shelter Alliance, being comprised of citizens with an impassioned interest in the health and welfare of the pets and companion animals of the County, has implemented a program to assist in the funding and development of a Spay and Neuter Program during the month of May 2003, and

WHEREAS, there are available both veterinary services in the form of practicing licensed veterinarians as well as several non-profit service providers, and

WHEREAS, the Township supports the efforts of the Cape May County Animal Shelter Alliance and other non-profit agencies to educate and encourage owners to have their pets spayed or neutered, and

WHEREAS, spaying and neutering of pets and companion animals is considered the most humane method of controlling unwanted pets and owners are encouraged to contact or visit their veterinarian or other provider to arrange for their pet to be spayed or neutered;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that May 2003 be and is hereby designated Middle Township SPAY AND NEUTER MONTH and this Township further encourages all pet and companion animal owners in the Township to learn about this important issue.

 

24.     RESOLUTION NO. 196-03 – AUTHORIZING MAYOR TO SIGN UNITED STATES DEPARTMENT OF AGRICULTURE LETTER OF CONDITIONS - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has requested from the United States Department of Agriculture Rural Development a request to fund the project known as Whitesboro/Edgewood Phase I, and

WHEREAS, the Township has received a letter of conditions dated April 25, 2003, stipulating that the USDA Rural Development Loan will not exceed $3,039,000.00 and the amount of the Grant will not exceed $1,316,000.00, and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, the Mayor is hereby authorized to sign on behalf of the Township of Middle the letter of conditions dated April 25, 2003.

 

25.     RESOLUTION NO. 197-03 – AUTHORIZING MIDDLE TOWNSHIP AMBULANCE CORP. TO SOLICIT FUNDS IN THE ROADWAYS OF THE TOWNSHIP OF MIDDLE - On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Ordinance 1009-98 permits application to made to the Township of Middle by charitable organizations to solicit funds in the roadway of the Township of Middle, and

WHEREAS, Middle Township Ambulance Corp has submitted an application to the Municipal Clerk dated April 7, 2003, and

WHEREAS, the dates and times of the charitable solicitation are listed within the written application submitted by the Middle Township Ambulance Corp and attached to this Resolution, and

WHEREAS, the County of County Cape May, Resolution 341-03 endorsed the Middle Township Ambulance Corp soliciting contributions along the Stone Harbor Boulevard, County Road #657, and

WHEREAS, the Chief of Police of the Township of Middle has reviewed the application of the Middle Township Ambulance Corp and has determined that there is no public safety reason for the Township of Middle to deny this application,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, hereby grants permission for the Middle Township Ambulance Corp to solicit funds on the roadways of Middle Township.

 

26.     RESOLUTION NO. 198-03 – SALE OF LAND - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the local Lands and Buildings 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