Cape May Court House, NJ

October 6, 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.       RESOLUTION NO. 429-03 – PROCLAIMING OCTOBER “NATIONAL BREAST CANCER AWARENESS MONTH” (NBCAM) AND THIRD FRIDAY OF MONTH NATIONAL MAMMOGRAPHY DAY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHERAS, National Breast Cancer Awareness Month is celebrating its eighteenth year of educating women about the importance of early detection for breast cancer. During this time, mammography use has doubled and breast cancer death rates have declined, Still, many women do not utilize mammography at regular intervals, and

WHEREAS, Mammography is the best available method of detecting breast changes that may be cancer, long before physical symptoms can be seen or felt. Breast cancer deaths could decline further if all women age 40 and older received mammograms at regular intervals. Among that population, women over the age of 70 are even less likely than younger women to get regular mammograms even though they are at greater risk for breast cancer, and

WHEREAS, One of the major barriers that prevent women from getting recommended mammograms is the fear that the mammogram will be painful. Women should be made aware that there are new methods available to relieve mammography pain, and they should be encouraged to explore these approaches with their physician.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that in recognition of the fact that National Breast Cancer Awareness Month has played an important role in increasing women’s use of mammography and reducing breast cancer deaths, the Township Committee, of the Township of Middle, New Jersey does hereby proclaim October as National Breast Cancer Awareness Month and October 17th as National Mammography Day.

 

2.       COORESPONDENCE RECEIVED – STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION – FISCAL YEAR 2004 IN-LIEU- OF TAX PAYMENT FOR STATE AND NONE PROFIT OWNED OPEN SPACE WITHIN MIDDLE TOWNSHIP IN THE AMOUNT OF $67,501.97 FOR 11,431.63 ACRES WHICH IS 28.13% OF TOWNSHIP LAND MASS

 

3.       RESOLUTION NO. 430-03 – APPROVE RETURN FROM MEDICAL LEAVE – 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 Medical Leave for the following employees has ended and authorization for return to work has been approved on the dates indicated

EMPLOYEE                              DEPARTMENT                        RETURN TO WORK DATE

Brian McDermott

Public Works

September 15, 2003

Dawn Perdomo

Tax Collection

September 23, 2003

 

4.       RESOLUTION NO. 431-03 – APPROVAL FOR PAYMENT TERMINAL LEAVE – JAMES CURTIS HOLDEN – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, J. Curtis Holden has submitted his retirement forms with an effective date of October 1st, 2003, and

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

WHEREAS, final payment is requested to be made during the month of October 2003, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time,

NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that payment be issued to the employee in the amount referenced below.

 

James Curtis Holden

            Sick Days                    39                                                                         5,307.51

            Vacation Days               33.5                                                                      4,559.02

            Personal Days                 3                                                                           408.27

            Easter Holiday                1                                                                           136.09

 

 

Balance Due                                                                                                     $10,410.89

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

 

________________________________                                   October 2nd, 2003

Tracey DeVico Taverner, CFO

 

5.       RESOLUTION NO. 432-03 – RELEASE OF PERFORMANCE BOND – STREET OPENING – H. ROBERT GUSS JR. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $5,000.00 is being held as a performance guarantee for H. Robert Guss Jr. for the street opening located at Meadow View Lane, CMCH, and

WHEREAS, the Township Clerk/Business Administrator has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, it has been recommended that the performance guarantee for the above stated project be released.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the $5,000.00, be and is hereby released.

 

6.       RESOLUTION NO. 433-03 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF & COUNTRY CLUB – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wildwood Golf and Country Club has applied for approval to sell alcoholic beverages at a Charity Fund Raiser to be held at Wildwood Golf and Country Club, 1170 Golf Club Road, CMCH, on November 1, 2003 from 5:00 p.m. to 1:00 a.m., and

WHEREAS, they have provided proper documentation to the Township of Middle,

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Social Affairs Permit.

 

7.       RESOLUTION NO. 434 – APPROVE AMENDMENT TO APPLICATION FOR RAFFLE LICENSE – MARINE MAMMAL STRANDING CENTER – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, on March 3, 2003 Township Committee approved an application for a raffle license for the Marine Mammal Stranding Center to be held at Avalon Golf Club, 1510 Rte 9 N, CMCH, and

WHEREAS, due to Hurricane Isabel the Raffle was cancelled, and

WHEREAS, an Application to Amend Raffle License Number 04-03 has been submitted with a new date of October 17, 2003, from 7:00 to 8:00 p.m. at the Avalon Golf Club.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Amended Raffle Night October 17, 2003 at the location of 1510 Rte 9 North, Cape May Court House, (otherwise know as Avalon Golf Club), is hereby approved.

 

8.       RESOLUTION NO. 435-03 – AUTHORIZE APPLICATION – 2003 DRUNK DRIVING ENFORCEMENT FUND GRANT – 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 of the Township of Middle, the governing body thereof, that approval for the Application for the 2003 Drunk Driving Enforcement Fund Grant be and is hereby approved.

FURTHER RESOLVED, that Police Chief Joseph Evangelista is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

 

9.       RESOLUTION NO. 436-03 – APPROVE EXTENSION OF LEAVE AND ACKNOWLEDGE RETURN TO WORK FROM MEDICAL LEAVE– HARRY MICHAEL LAWRENCE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, on August 18, 2003 Harry Michael Lawrence was granted leave through the Medical Leave Act until September 15, 2003 pending medical evaluation, and

WHEREAS, he has submitted a request to extend his leave until October 6, 2003.

WHEREAS, a memo has been received dated today indicating that Harry Michael Lawrence has returned to work as requested.

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 for Harry Michael Lawrence is hereby extended until October 6, 2003 and that his return to work today, October 6, 2003, is hereby acknowledged.   

 

10.     RESOLUTION NO. 437-03 – CLOSED SESSION – MATTERS OF POTENTIAL LITIGATION AND/OR LITIGATION AND NON- PERSONNEL CONTRACT NEGOTIATIONS – 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 POTENTIAL LITIGATION AND/OR LITIGATION AND NON-PERSONNEL CONTRACT NEGOTIATIONS

2.     The general nature of the subject matter to be discussed is as follows: MATTERS OF POTENTIAL AND/OR LITIGATION AND NON-PERSONNEL CONTRACT NEGOTIATIONS.

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.

 

11.     RESOLUTION NO. 438-03 – CATERING PERMIT – CAPE HOSPITALITY GROUP LP – HARVEST FESTIVAL – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted. Committeemember DeLanzo abstained

WHEREAS, Cape Hospitality Group LP has applied for approval to sell alcoholic beverages at Middle Township’s Harvest Festival to be held at 33 Mechanic St., Cape May Court House, on October 25, 2002 from 10:00 a.m. to 5:00 p.m., and

WHEREAS, they have provided proper documentation to the Township of Middle,

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Catering Permit.

 

12.     RESOLUTION NO. 439-03 – AUTHORIZE REQUEST FOR TENT SALE – BURKE MOTOR GROUP – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Burke Motor Group has requested permission to hold a Chevy Tent Extravaganza (tent sale) in their parking lot from October 16, 2003 through November 2, 2003, and

WHEREAS, they have submitted a site plan showing the proposed location of the tent, and

WHEREAS, no discrepancies were found by the Chief of Police and Zoning Office with the event.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle gives permission to the Burke Motor Group to hold their Chevy Tent Extravaganza (tent sale).

 

13.     RESOLUTION NO. 440-03 – 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.

 

14.     RESOLUTION NO. 441-03 – 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 a Regular Township Committee Meeting dated September 15, 2003 are hereby approved.

 

15.     REPORTS – The following reports have been submitted for the Month of September; Township Clerk’s Office, Zoning Officials Office, Construction Officials Office, Tax Collectors Office. These reports are available upon request in the Township Clerk’s Office.

 

16.     RESOLUTION NO. 442-03 – APPROVE APPLICATION FOR RAFFLE LICENSE – CIVIL WAR ROUND TABLE OF CAPE MAY COUNTY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Civil War Round Table of Cape May County has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location, Magnolia Ave. & Romney Place, Cape May Court House, NJ 08210, otherwise known as the Samuel DeVico Senior Center, 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 has been received, and

WHEREAS, per N.J.S.A. 13:47-4.9 due to the value of the price, no licensing fee is required.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night May 13, 2004 from 7:00 p.m. to 9:00 p.m. at the location of Magnolia Ave. & Romney Place, Cape May Court House, NJ 08210, (otherwise know as Samuel DeVico Senior Center) is hereby approved.

 

17.     RESOLUTION NO. 443-03 – APPROVE APPLICATION FOR SPECIAL RAFFLE LICENSE – CIVIL WAR ROUND TABLE OF CAPE MAY COUNTY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Civil War Round Table of Cape May County has applied to Legalized Games of Chance Control Commission for a special raffle license, and

WHEREAS, per N.J.S.A. 5:8-51.1 allows for the issuance of a special license to any bona fide senior citizen association or club desiring to hold, operate or conduct games of chance solely for the purpose of amusement and recreation of its members, and

WHEREAS, N.J.S.A. 13:47-4.9(d) states that no fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized games of chance solely for its bona fide active members, and

WHEREAS, the location will be at, Magnolia Ave. and Romney Place, Cape May Court House, NJ 08210, otherwise known as Samuel Devico Senior Center, 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,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that a Special Raffle License for the dates indicated on attached application at

the location of Magnolia Ave. & Romney Place, Cape May Court House, NJ 08210, (otherwise know as Samuel Devico Senor Center) is hereby approved.

 

18.     RESOLUTION NO. 444-03 – AUTHORIZE MAYOR TO EXECUTE CANCELLATION OF MORTGAGES – 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 mortgages indicated below are hereby cancelled.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Cancellation of Mortgag                                                              Borrower                                    Mortgage Dated     Date Satisfied               Sum of Principal  

Virginia Kurtz

12/14/1992

12/14/2002

$1,100.00

Elwood & Louise Garrison

10/16/1992

10/16/2002

$4,982.00

Elwood & Louise Garrison

10/14/1992

10/14/2002

$4,982.00

 

19.     RESOLUTION NO. 445-03 – TRICK OR TREAT – OCTOBER 31, 2003 – 5:00PM TO 8:00 PM – 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 of the Township of Middle, the governing body thereof, that Trick or Treat will be held in the Township on October 31, 2003 from 5 until 8 PM.

 

20.     RESOLUTION NO. 446-03 – CHANGE IN TITLES – PUBLIC WORKS DEPARTMENT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township, the governing body thereof, that the titles of the following employees be changed as follows:

NAME

TITLE                                          

STIPEND

EFF DATE

Vince Watkins

Assistant Supervising Laborer

$1,000.00

10/06/2003

George Spalding

Assistant Supervising Laborer

$1,000.00

10/06/2003

Christopher Camp

Assistant Supervisor/ Heavy Equipment Operator

$1,000.00

10/06/2003

 

21.     RESOLUTION NO. 447-03 – 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, $165,511.20 is being held as a performance guarantee of Ros-Len, Inc. for site improvements at Block 99.02, Lot 30, also known as Whiting Lane, Cape May Court House, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $20,550.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $144,961.20.

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 Company be and is hereby reduced to $144,961.20

 

22.     RESOLUTION NO. 448-03 – RELEASE OF PERFORMANCE BOND – BOWMAN CONSTRUCTION, INC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo  and passed on roll call, the following resolution was adopted.

WHEREAS, $125,338.80 is being held as a Performance Guarantee for Bowman Construction Inc. for site plan improvements at Block 99.01, Lot(s) 18 & 24 also known as Whiting Lane, Cape May Court House and

WHEREAS, the Zoning Officer for the Township of Middle has recommended that the cash performance bond be released, and

WHEREAS, the cash bond is being traded for an Irrevocable Letter of Credit #1045.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Account No. 72000 82743 with Commerce Bank in the name of Bowman Construction Inc. be and is hereby released.

 

23.     RESOLUTION NO. 449-03 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the following resignation listed below, is acknowledged.

           EMPLOYEE                              DEPARTMENT                       EFFECTIVE

Nicole Sweitzer

Public Safety Telecommunications

October 1, 2003

 

24.     RESOLUTION NO. 450-03 – APPOINTMENTS – NEW HIRE – PUBLIC SAFETY TELECOMMUNICATIONS OPERATOR – TRAINEE PART-TIME – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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

Kellie Anderson

Public Safety Telecommunications Operator – Trainee P/T

$9.86 Per Hour

10/01/2003

 

25.     RESOLUTION NO. 451-03 – LOCAL PUBLIC CONTRACT – MJW CONSULTING – ENVIRONMENTAL CONSULTING – WEST JOHNSTOWN LANE EXTENSION – On motion by Mayor Doughty 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 October 6, 2003 through completion of the project.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services for the period from October 6, 2003 through completion of the project.

Environmental Consulting  – MJW Consulting – West Johnstown Lane Extension

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

 

26.     RESOLUTION NO. 452-03 – RELEASE OF PERFORMANCE BOND – THOMAS & ATHENA KOZANAS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $7,070.58 is being held as a Performance Guarantee for Thomas & Athena Kozanas for site plan improvements at Block 1508, Lot 23, also known as Rte 47, 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 Account No. 72000 82654 with Commerce Bank in the name of Thomas & Athena Kozanas be and is hereby released.

 

27.     RESOLUTION NO. 453-03 – REDUCTION OF PERFORMANCE BOND – CAPE ORTHOPEDIC SURGERY – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $122,145.21 is being held as a performance guarantee of Cape Orthopedic Surgery aka Thomas Barrett, MD for site improvements at Block 249, Lot 5, also known as Stites Ave., CMCH, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $8,535.63 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $113,609.58.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the bond at Commerce Bank be and is hereby reduced to $113,609.58.

 

28.     ORDINANCE NO. 1140-03 – AUTHORIZING THE CONDEMNATION OF BLOCK 937, LOT(S) 21 & 23, OF THE TOWNSHIP OF MIDDLE –**Tabled**

 

29.     RESOLUTION NO. 454-03 – AUTHORIZE SALE OF SURPLUS PROPERTY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the local Public Contact Law (N.J.S. 40A-11-36) authorizes the sale of personal property not needed for public use, and

WHEREAS, the Township of Middle is the owner of excess property not needed for public use, and it appears to be in the best interest of the Township of Middle to dispose of said excess property.

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

1. Said property, as listed and or any items having a value of less than one hundred $100.00 each, shall be sold at a public auction sale to be conducted by Tracey DeVico Taverner CFO at the Township Municipal Hall, 33 Mechanic St., Cape May Court House on Saturday, October 25, 2003at 9 a.m.

2. A notice of said sale shall be published in the Herald Times in its issue of October 15, 2003 and also October 22, 2003. Said notice to be published shall contain conditions of the sale as hereinafter set forth, together with the date, time and place of the sale.

3. The general terms and conditions of the sale shall be as follows:

a.      The sale of each item shall be by public auction, to the highest bidder. The right is  

       reserved to reject all bids for any or all items

b.     The highest bidder for each item shall make payment for the same in full at the time of 

       the sale and delivery of each item shall be given to said highest bidder at that time.

c.      All payments are required to be made hereunder may be made by personal check, cash,

       or certified check, or any combinations of the foregoing.

d.     Each sale shall be final at the time of sale without any warranty and without the

       requirement of confirmation by the Township Committee of the Township of Middle.

e.      A complete list of all items will be available at the Treasurer’s Office, 33 Mechanic

       Street, Cape May Court House, New Jersey.

 

30.     RESOLUTION NO. 455-03 – AUTHORIZING THE SETTLEMENT FOR ROBERT JONES – On motion by Mayor Doughty seconded by Committeemember Leusner 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 settlement for Robert Jones is hereby authorized.

 

31.     RESOLUTION NO. 456-03 – AUTHORIZING THE SETTLEMENT FOR ROSALIND JEFFERSON – On motion by Mayor Doughty seconded by Committeemember Leusner 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 settlement for Rosalind Jefferson is hereby authorized.

 

32.     PUBLIC COMMENT:

 

Mayor Doughty called Rod Falla forward….

 

Mr. Falla is a representative from the NJ DEP and stated that he was asked by Township Committee to elaborate on the Tompkins Builders Subdivision. He started by informing the public that the developer has revised the subdivision plans and the project no longer requires a CAFRA permit . Morey Lomax will be submitting a restoration plan for Tompkins Builders, which should be received within 1 to 2 weeks. Vegetation will be matched to restore parts of the subdivision.

 

Marilyn Gold asked Mr. Falla if more restoration would take place within lots 4 through 9 or more directly in the back of the area.

 

R. Falla stated that restoration will take place at lots 8, 9, 10 and a deed restriction will be placed upon those lots at sale.

 

Bruce Allen – asked for clarification on the map presented as to which area they are referring to.

 

Vince Orlando asked Mr. Falla what the total area of restoration would be?

 

R. Falla – 12,000 square feet.

 

Vince Orlando asked Mr. Falla to state to the public whether the clearing of the subdivision is to blame for the disturbance of vegetation to the trees lining Rte 47 and during the last 6 months, the trees across Rte 47.

 

R. Falla – This project has nothing to due with that. The die off is due to the tide flow and phragmites attack

 

B. Allen asked what type of vegetation will replace the area?

 

R. Falla – vegetation is starting to come back on its own, but a mix of fresh and salt-water plants.

 

B. Allen – species consistent with original?

 

R. Falla – absolutely

 

Vince Orlando – the total area equals 30 x 400

 

Marlyn Gold – what will happen with the houses that are developed higher than already existing housing?

 

Vince Orlando – That is not a CAFRA issue

 

R. Falla – Local Land Use Law governs projects

 

Vince Orlando informed the public that the Tompkins Subdivision does not have to go back in front of the Planning Board

 

Mayor Doughty thanks Mr. Falla for coming down and speaking with the public.

 

Committeemember DeLanzo showed enthusiasm regarding the fall festivities to take place in Middle Township. She also informed the public that herself along with James Alexis, a representative from a grant company will be meeting with the business owners of Rio Grande at the Rio Grande Fire Hall October 7, 2003 at 7pm in regards to finding financial help for those owners in hardship.

 

Marlyn Gold stated that she had concerns regarding the catch basin located behind her property and asked for Mr. Orlando to give her a status report?

 

Vince Orlando has spoke with the developers and will get back to her with more information. The development is to start back up this week.

 

Mayor Doughty informed the public that roughly 2,000.00 tons were collected by public works after Hurricane Isabel. He stated how proud he is of the Public Works Department and thanked them for their hard work. Also, the Harvest Festival is coming up (October 25, 2003) and will be bigger then ever this year with more merchants

 

Bruce Allen – asked Committeemember Leusner, in reference to his interview with the Gazette, if he was having second thoughts over the 3 acre zoning in the Master Plan?

 

Committeemember Leusner stated that the Gazette quoted him accurately and he has not yet made his final discussion regarding the 3-acre zoning proposal

 

B. Allen stated that he didn’t understand his objection. He asked Committeemember Leusner how this would make land “more affordable”?

 

Committeemember Leusner informed him that he was just thinking of our children… if 1 acre is $75,000 then imagine what 3 acres will be. This will price people right out of Middle.

 

B. Allen – Supply and Demand does apply but not how you think- not sure if by trying to manage size that will make land more affordable.

 

Mr. Pantaleo – “Lets leave open space”. The only people against this 3-acre idea are builders and realtors. 2 panels of Master Plan and Planning Boards approved the 3-acre idea and Township Committee shot down the idea both times.

 

Mayor Doughty – Thanked everyone for their input and stated that all 3 committee members will come to a decision and let the public know.

 

Committeemember DeLanzo – I will be looking for the balance. This is important to provide for the community.

 

Robert Long – There is a project up the street from his home where $350,000.00 homes are being built. It would make no difference in the price if it were 1 or 3 acres. Still expensive.

 

 Vince Orlando stated that the RR Zone in Middle Township has 20% of land left that is developable.

 

Anne Struett – Resident of Lord Lane – asked committee to look into machines located at a property behind hers. What is the land zoned?

 

Mayor Doughty – we will have code enforcement look into it.

 

Vilma Polmbo – informed the public that the League of Women Voters will be holding a forum October 15, 2003 at 7pm at the Old Courthouse for the Freeholders.

 

There being no further business, the meeting was adjourned at 7:15pm

 

 

                                                                                    _______________________________

                                                                                                James Alexis , Clerk