Cape May Court House, NJ

April 19, 2004 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 Pickering, Engineer Orlando, Deputy Clerk Kimberly Tomkinson.

 

 

  1. PRESENTATION – MR. WHITE – UNITED STATES POSTAL SERVICE

David White from the US Postal Service spoke about the proposed new Whitesboro Post Office.  He informed the people that were there from Whitesboro that after tonight, there would be a 30 day period on which residents can comment on their ideas and whether or not they think Whitesboro needs a new post office.  After that, they will advertise for 15 days.

A list of properties will be sent to the Mayor for his comment at which time he has 15 days to respond as to which property he feels would be best suited for the post office.  If after 15 days there is no response from the Mayor, a property will be picked by the US Postal Service.  After a property has been selected, the project will then go out for bid.

 

  1. PRESENTATION – GEORGE MARINAKIS, CAPE MAY COUNTY MUA – JOINT INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE DISPOSAL AND RECYCLING

George Marinakas from the MUA spoke on the Proposed Joint Agreement with 16 communities to send waste for their disposal to the MUA facility.  He said they have been able to decrease this from $64.00 per ton to $61.00 per ton.  The new contract will be for 7 years. The new rate of $61.00 per ton can go down in that 7 years but can go no higher than that.  He said 9 of the 16 communities have approved the agreement so far.

 

  1. ORDINANCE NO. 1160-04 – AMENDING CHAPTER 104-13 OF THE TOWNSHIP CODE REGARDING RESIDENT SECURITY PERSONNEL AT CAMPGROUNDS – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1160-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/17/2004 at 6:00 p.m.

 

  1. ORDINANCE NO. 1163-04 – AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1163-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/17/2004 at 6:00 p.m.

 

  1. ORDINANCE NO. 1164-04 – AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE  – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, Ordinance No 1164-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/17/2004 at 6:00 p.m.

 

  1. RESOLUTION NO. 230-04 – SUPPORTING ASSEMBLY BILL NO. 2532 – AUTHORING LOCAL BOARD OF HEALTH TO DECLARE AS A NUISANCE PREMISES IN WHICH THERE HAVE BEEN MULTIPLE ARRESTS FOR ILLEGAL SALE OR POSSESSION OF DRUGS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Assembly Bill No. 2532 would, as introduced, would permit local boards of health to pass an ordinance to declare and define as a nuisance and detrimental to the public health, a public or private residential or commercial property in which multiple arrests, as specified by the board, for the distribution, dispensing or possession of a controlled dangerous substance have been made by the local or State law enforcement officers within a specified period of time, and

WHEREAS, NJSA 26:3-45 et seq provided general authorization to local boards of health to adopt ordinances declaring what constitutes a nuisance in order to protect and improve the public health, and prescribes procedures for the board to seek removal and abatement of the nuisance, and

WHEREAS, the provisions of this bill will allow a local board of health to take action against a residential or commercial property owner in those cases in which illegal drugs are routinely sold or used on the premises and multiple drug arrests for their sale or use have been made, but the owner does not take action to stop or otherwise prevent the illegal practices.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, and State of New Jersey, that support is hereby declared for the adoption of proposed Assembly Bill No. 2532

BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to, Assemblyman Van Drew and Assemblyman Gibson.

 

  1. RESOLUTION NO. 231-04 – REDUCTION OF PERFORMANCE BOND – STURDY SAVINGS BANK – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Mayor Doughty Abstained.

WHEREAS, $119,934.00 is being held as a performance guarantee of Sturdy Savings Bank for site improvements at Block 221, Lots 25-30, 31.01, 31.02, 32.02, 33.01, 34.01,34.02,35 also known as Stone Harbor Blvd & Crest Road, CMCH and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $70,855.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $49,079.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond Account # 72000 82697 at Commerce Bank be and is hereby reduced to $49,079.00.

 

  1. RESOLUTION NO. 232-04 – RELEASE OF PERFORMANCE BOND – ERIC THOMAS, DMD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $6,452.40 is being held as a Performance Guarantee for Eric Thomas, DMD for site plan improvements at Block 253, Lot 5, also known as West Atlantic Ave., Cape May Court House 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. 7000 82720 with Commerce Bank in the name of Eric Thomas, DMD be and is hereby released.

 

  1. RESOLUTION NO. 233-04 – RATIFY AGREEMENT - VINELAND FIREWORKS COMPANY, INC. –FIREWORKS DISPLAY – 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 the Agreement between Vineland Fireworks Company, Inc. and the Township of Middle for the fireworks display at the July 3, 2004, Middle Township Fourth of July Celebration, be and is hereby ratified.

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

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

 

  1. RESOLUTION NO. 234-04 – AUTHORIZE MAYOR TO EXECUTE CANCELLATION OF MORTGAGE HOUSING REHAB – MILDRED YOUNG – 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 Mortgage of Mildred Young is hereby canceled.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Cancellation of Mortgage.

 

  1. RESOLUTION NO. 235-04 – AUTHORIZE MAYOR TO EXECUTE CANCELLATION OF MORTGAGE HOUSING REHAB – ROSALYNE MUCKLOW SOWDEN – 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 Mortgage of Rosalyne Mucklow Sowden is hereby canceled.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Cancellation of Mortgage.

 

  1. RESOLUTION NO. 236-04 – RELEASE OF TRUST ACCOUNTS – On motion by 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.

 

  1. RESOLUTION NO. 237-04 - APPROVE – ADOPT A SPOT GRANT – 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, the governing body thereof, that a Mini Grant for the “Adopt a Spot Projects”, be and are hereby awarded to the following:

Middle Township High School Alumni, Assoc.

Penkethman Way – May 13, 2004 & September 9, 2004      

 

  1. RESOLUTION NO. 238-04 – REFUND OF OVER PAYMENT – SEWER – 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 Director of Sewer is hereby authorized to refund the over payment amount of $115.00 to Sewer Account No. 04461 (aka Block 226.02 Lot 6)

 

  1. RESOLUTION NO. 239-04 – 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.: 38-04               Adopted: January 1, 2004     Sale Date: February 5, 2004

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 #1              $460,000.00 Block:  168   Lots:  5,6,7,18,19,26

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

Parcel # 1                 Corolla LLC c/o Dwyer, PO Box 849, Wildwood, NJ  08260                

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.

 

  1. RESOLUTION NO. 240-04 – AMEND AUTHORIZING CHANGE IN EMPLOYEE STATUS FROM PART-TIME TO FULL-TIME – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, upon review of the current contract status, it was revealed that an error in starting salary was made in the original resolution (aka Resolution No. 61-04) approved on February 2, 2004.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle that the following employees are hereby reassigned to the positions opposite their name in a Full Time Employment Status with the following title and salary.

NAME

TITLE

SALARY

EFFECTIVE DATE

Maureen Leitenberger

Public Safety Telecommunications Operator Full-Time

$22,825.00

02/02/2004

Kellie Anderson

Public Safety Telecommunications Operator Full-Time

$22,825.00

02/02/2004

 

  1. RESOLUTION NO. 241-04 – APPROVAL FOR PAYMENT ACCUMULATED TIME – NICOLE CANOVA – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Nicole Canova has submitted her resignation with an effective date of March 6, 2004 and

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

WHEREAS, final payment is requested to be made in April, 2004, and

WHEREAS, the police department 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.

Nicole Canova

1.5     Personal hours                                                                       17.60

114    Vacation hours                                                                    1,337.22

156    Holiday hours                                                                     1,829.88

17.75 Comp hours                                                                 208.21

         Overpayment (late turn in of resignation)                                             (117.31)

Balance Due                                                                              $3,275.59

I certify that the above figures are a true accounting of this time and that sufficient backup documentation is available for inspection.

________________________________                         April 7, 2004

Tracey DeVico Taverner, CFO

 

  1. RESOLUTION NO. 242-04 – APPROVE EXTENDED REQUEST FOR FAMILY MEDICAL LEAVE – JERRY CONNER – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Family Medical Leave was granted to Jerry Conner on March 15, 2004 for a time period of March 1 through April 2, 2004, and

WHEREAS, Jerry Conner has requested an extension of leave from April 5, 2004 through May 10, 2004.

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 partially paid request for Family Medical Leave for Jerry Connor as indicated on the attached schedule hereto made part of this resolution is hereby approved.

 

  1. RESOLUTION NO. 243-04 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, 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

Daniel Miller

Public Works

April 12, 2004

 

  1. RESOLUTION NO. 244-04 – REFUND OF 2003 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund of a  deduction that was charged back in error.   Deduction should have been a widow of a Veteran instead of A surviving spouse. 

                 ACCT NO        BLOCK          LOT                         OWNER/LOCATION                  AMOUNT

13956

1414.03

7

Gurenler, Gladys

208 Davis Rd

Rio Grande, NJ 08242

 

 

Property Location:  208 Davis Rd

 

250.00

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.

 

  1. RESOLUTION NO. 245-04 – 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 the Township Committee meeting held April 5, 2004 are hereby approved.

 

  1. RESOLUTION NO. 246-04 – 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.

 

  1. REPORTS: The following offices have submitted their monthly reports for the months indicated; Treasurer’s Department for the month of March.

 

  1. RESOLUTION NO. 247-04 – APPOINTMENT – NEW HIRE – PUBLIC WORKS DEPARTMENT – LABORER – 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 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

Jacob Elgersma

Laborer

$18,720.00

04/19/2004

 

 

  1. RESOLUTION NO. 248-04 – APPROVE VARIOUS ECONOMIC DEVELOPMENT LOANS – 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, County of Cape May, State of New Jersey, that the following Economic Development Loans in the amounts indicated are hereby approved:

APPLICANT                                      AMOUNT

Rio Station

$25,000.00

Baysea Veterinary Hospital

$20,000.00

ISHA Hospitality

$25,000.00

Shree Khodiar, LLC

$25,000.00

 

  1. RESOLUTION NO. 249-04 – REDUCTION OF PERFORMANCE BOND – TOMPKINS BUILDERS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $153,376.50 is being held as a performance guarantee of Tompkins Builders for site improvements at Block 391.01 / 391.03, Lots 2.03/ 11-15 & 62-66 also known as a Subdivision in Del Haven, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $47,205.50 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance quarantee for the above stated project be reduced to $106,171.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Subdivision Performance Bond No. B21845765 at Gulf Insurance Company be and is hereby reduced to $106,171.00.

 

  1. RESOLUTION NO. 250-04 – CLOSED SESSION – PERSONNEL POLICY MATTER AND CONTRACT NEGOTIATION  - 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: PERSONNEL POLICY MATTER AND CONTRACT NEGOTIATION

2.) The general nature of the subject matter to be discussed is as follows: PERSONNEL POLICY MATTER AND CONTRACT NEGOTIATION

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

3.)   This Resolution shall take effect immediately.

 

  1. RESOLUTION NO. 251-04 – AUTHORIZE INSTALLATION AND REMOVAL OF VARIOUS STREET LIGHTS AND AUTHORIZING STREET LIGHT DIRECTOR TO SIGN NECESSARY AGREEMENTS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to install and relocate various street lights within the municipality, and

WHEREAS, the following is a list of requested street light additions:

POLE #                             SIZE (per w hps)      LOCATION                    

70265/21316

100

Holly Knoll Dr

W-47291

100

Brooks Ave & Holly Knoll Dr.

W-41852

100

1100 Randolph St. & Garnet St.

W-19578

70

Rutledge Rd between Pine & Bayshore

W-37427

70

N. Pennsylvania Ave.

W-30616

100

9 Leonards Lane

W-457

70

1301 Millman Blvd

68738/18832

70

Herford Ave.

W-14929

70

333 E. Pacific Ave.

W-1557

100

Bennett Rd & Douglass Rd

W-1583

100

Steel Rd & Douglass Rd

W-12954

100

Dias Creek Rd & New River Rd

6769/19275

70

8 & 10 New River Rd

W-19956

100

Rutledge Rd & Pine Ave.

68011/20808

100

Cardinal Dr.

WHEREAS, the following is a list of requested street light removals and/or relocations:

POLE #                  SIZE (per w hps)      LOCATION              

W-19580

70

Rutledge Rd 1-Span e/e Pine Ave

(Relocate to Pole W-19578

W-1557

50

Bennett Rd & Douglass Rd

W-1583

50

Steel Rd & Douglass Rd.

W-19958

100

106 Rutledge Rd.

(Relocate to W-19956)

NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle authorizes the installation and removal of various street lights within the municipality and authorizes the Street Light Director to sign any and all necessary agreements in connection with both.

 

  1. RESOLUTION NO. 252-04 – EMERGNCY TEMPORARY BUDGET AMENDMENT – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2004 temporary appropriations for the aforesaid purpose; and NJSA 40A:4-20 provides for the creation of an emergency appropriation for the purpose above mentioned, and

NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with NJSA 40A:4-20

  1. An emergency temporary appropriation be and the same is hereby made in the amount of  $475,550.
  2. That said emergency temporary appropriation shall be provided for in the 2004

               budget under the title of: 

         Please see attached list

  1. That one certified copy of this resolution be filed with the Director of Local Government Services.

GENERAL GOV.

 

 

 

 

 

 

GENERAL ADMIN.

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

HUMAN RESOURCES

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

MAYOR & COMMITTEE

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

MUNICIPAL CLERK

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

CODIFICATION

OE

 

 

1,750

 

 

FINANCIAL ADMIN

S&W

 

 

0

 

 

 

OE

 

 

0