Cape May Court House, NJ
March 15, 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, Clerk/ Business Administrator Alexis, Solicitor Pickering, Engineer Orlando, & Deputy Clerk Kimberly Tomkinson. Committeemember DeLanzo was absent.
CPL NICHOLAS HEITZMANN LEAD THE FLAG SALUTE
*PRESENTATION – VETERANS OF FOREIGN WARS OF THE UNITED STATES, POST 6108 OF CAPE MAY COURT HOUSE – CERTIFICATES OF APPRECIATION
Rudy Callendar of Post 6108 gave an opening speech and announced the recipients of each certificate of appreciation:
Middle Township Police Department, Middle Township EMS, Rio Grande EMS, Middle Township Fire Co. , Green Creek Fire Company, Goshen Fire Company, and Rio Grande Fire Company
Post Commander Kelly
thanked everyone for their hard work and dedication to the community. “It’s good
to see everyone come together for a good cause”
Mayor Doughty on
behalf of Committeemember Leusner and self, “Thank You”
1.
RESOLUTION NO. 173-04 – RECOGNIZING AND EXPRESSING
GRATITUDE TO CPL. NICHOLAS HEITZMANN OF THE 101ST AIRBORNE AIR
DIVISION (AIR ASSAULT) – On motion by Mayor Doughty seconded by Committeemember
Leusner and passed on roll call, the following resolution was adopted.
WHEREAS, they come from the day and night sky by
parachute, glider and helicopter. They put their lives on the line to keep our
nation free, and many pay the ultimate price for the dedication to duty and
country, and
WHEREAS, the 101st Airborne Division (Air Assault) has demonstrated the characteristics of military professionalism since the unit’s activation on August 15, 1942, and
WHEREAS, from the Troop Carrier Pilots, Glider Pilots, and Helicopter Pilots who must deliver their cargo of airborne soldiers safely to the “Drop Zone” or “Landing Zone”, to the paratroopers, glider troopers, and air assault troopers plunging into battle, airborne soldiers have always shared a common bond of brotherhood,
WHEREAS, for fifty years the United States Armed Forces have relied upon elite airborne units to lead the way in difficult, dangerous and vital missions. Heralded by their many outstanding accomplishments during this past half century, some of the courageous men who have fought with the force have fought and died so their fellow Americans might live in Freedom, and
WHEREAS, Cpl. Nicholas Heitmann of Middle Township, New Jersey, was deployed from our country to help with the war on Iraq, and has since returned home safely as we wish of all of our men over seas.
2.
RESOLUTION NO. 174-04– RECINDING AND RETIRING ORDINANCE
NO. 1151-04 – On motion by Committeemember Leusner seconded by Mayor Doughty
and passed on roll call, the following resolution was adopted.
WHEREAS, changes have been made to said ordinance per the township solicitor, and
WHEREAS, ordinance no. 1157-04 will replace the existence of ordinance no. 1151-04.
NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that ordinance no. 1151-04 is hereby rescinded and retired.
3.
ORDINANCE NO. 1157-04 – CREATING A HOTEL-MOTEL OCCUPANCY
TAX IN THE TOWNSHIP OF MIDDLE – On motion by Committeemember Leusner seconded
by Mayor Doughty and
passed on roll call, Ordinance No 1157-04 passed first reading. Second reading,
public hearing and consideration for adoption will be held on 04/05/2004 at
6:00 p.m.
4.
RESOLUTION NO. 175-04 – TRANSFER OF FUNDS – RESERVES – On
motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll
call, the following resolution was adopted.
WHEREAS, it is legal and lawful to make budget transfers on and after the first day of November in any budget year,
NOW THEREFORE BE IS RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and the State of New Jersey, that the following transfers of budget appropriations be made in the budget of Middle Township for the year 2003:
FROM AMOUNT TO
Grants S&W 131-111 5,000 Liquid TTL 155-249
Dental Ins 221-411 3,000 Liquid TTL 155-249
Dental Ins 221-411 2,000 Mun Clerk OE 155-249
Dental Ins 221-411 4,000 Terminal Leave 415-111
Comm S&W 250-111 7,000 Terminal Leave 415-111
Comm OE 250-299 2,500 Terminal Leave 415-111
5.
RESOLUTION NO.
176-04 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember
Leusner 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, the governing body thereof, that the minutes from the Township Committee meeting held March 1, 2004 are hereby approved.
6. RESOLUTION NO. 177-04 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Leusner 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, the governing body thereof, that payment for all bills is hereby approved.
7.
RESOLUTION NO.
178-04 – AUTHORIZE CHANGE IN EMPLOYEE STATUS FROM FULL TIME TO PART TIME
– On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS, Nicole Canova submitted her letter of
resignation as a Full-Time Telecommunications Operator effective March 6, 2004,
and
WHEREAS,
she is requesting to remain employed by the Township of Middle as a part-time
telecommunications operator to be utilized for coverage as necessary.
NOW THEREFORE BE IT RESOLVED, by the Township
Committee of the Township of Middle that Nicole Canova is hereby designated as
a part-time telecommunication operator as listed below:
|
NAME |
TITLE |
SALARY |
EFFECTIVE DATE |
|
Nicole Canova |
P/T Telecommunications Operator |
$11.70 ph |
03/06/2004 |
8. RESOLUTION NO. 179-04 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – JERRY CONNOR – 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the unpaid request for Family Medical Leave for Jerry Connor from March 1, 2004 through April 2, 2004 is hereby approved.
9.
RESOLUTION NO. 180-04 – SOCIAL AFFAIRS PERMIT – UPPER
TOWNSHIP RESCUE – GOLF TOURNAMENT / BEEF & BEER – On motion by
Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS, The Upper Township Rescue Squad has applied for approval to sell alcoholic beverages at a Golf Tournament / Beef & Beer to be held at Sand Barrens Golf Club, 1765 Rte 9, Swainton, on April 7, 2004 from 10:00 am to Midnight, 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.
10. RESOLUTION
NO. 181-04 – AUTHORIZE APPLICATION – DEPARTMENT OF HEALTH & HUMAN SERVICES-
RURAL ACCESS TO EMERGENCY DEVICES GRANT PROGRAM – 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 authorization to apply to the Department of Health and Human Services for the Rural Access to Emergency Devices Grant, which enables the receipt of a number of defibrillators (AED’s) in addition to those already owned, is hereby approved.
FURTHER RESOLVED, that Police Captain Scott Webster is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.
11. RESOLUTION
NO. 182-04 – REDUCTION OF PERFORMANCE BOND – QUALITY ENVIRONMENTAL LAND
MANAGEMENT – On motion by Mayor Doughty seconded by Committeemember Leusner and
passed on roll call, the following resolution was adopted.
WHEREAS, $371,353.75 is being held as a performance guarantee for Quality Environmental Land Management for site improvements at Block 95.06, Lot 14, also known as a new development off of Timberlea Lane, Cape May Court House, and
WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $82,622.58 have been completed, and
WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $288,731.17.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond at Commerce Bank, Account No. 72000 82669 be and is hereby reduced to $288,731.17.
12. RESOLUTION
NO. 183-04 – URGING THE GOVERNOR AND THE STATE LEGISLATURE TO INTRODUCE
LEGISLATION KNOWN AS THE “SMART BILL” TO REFORM THE INEQUITABLE PROPERTY TAX
SYSTEM USED TO FUND SCHOOLS IN THE STATE OF NEW JERSEY – On motion by
Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS, the Township of Middle having reviewed the
proposed alternative to the current property tax system has determined that
property tax reform must be considered on a statewide basis, and
WHEREAS, it appears that changes to the property tax system can be implemented by way of new legislation. We recommend that the legislature investigate the feasible alternative of property tax reform known as the “Smart Bill” proposed by the New Jersey Coalition for Property Tax Reform, a statewide grass roots citizen organization, and
WHEREAS, it is in the best interests of our taxpayers to find a fair method to fund our schools, we ask that the Governor and the State Legislature introduce legislation known as the “Smart Bill” to reform the inequitable property tax system used to fund schools in the State of New Jersey, and
WHEREAS, the Smart Bill shift on 90% of school taxes paid by residential homeowners and tenants to a State school tax surcharge based income. The net effect of this revenue neutral tax shift reduces the tax burden of over 98% of middle income residential homeowners by $1,500 annually, and
WHEREAS, the return of several billion dollars to our lower and middle income taxpayers will result in an economic revitalization of our municipalities, and
WHEREAS, New Jersey has the highest property taxes in the nation and uses over 50% of property tax revenue to fund our schools, compared to the national average of 30%, and
WHEREAS, it has now been more that 55 years since the State of New Jersey fully reviewed the way the state taxes its citizens and spends their money, and
WHEREAS, the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, urges all municipalities to support the SMART BILL so that an antiquated tax system be changes to meet the needs of the public.
NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, unequivocally supports the SMART BILL as proposed by the New Jersey Coalition for Property Tax Reform and urge all municipalities to adopt similar resolutions in support thereof.
FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor McGreevey, Senator Asselta, Assemblymen Van Drew, & Assemblyman Gibson.
13. REPORTS:
The following reports have been received for the months indicated; Tax
Collector’s Office for the month of February; Municipal Court for the month of
February.
14. RESOLUTION
NO. 184-04 – RATIFY INTERLOCAL AGREEMENT BETWEEN TOWNSHIP OF MIDDLE AND FIRE
DISTRICT NO. 1 – TELECOMMUNICATIONS UPGRADE / MONOPOLE – 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 the Interlocal Agreement between the Township of Middle and Fire District No. 1 effective March 15, 2004 be and is hereby ratified.
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said contract.
15. RESOLUTION
NO. 185-04 – TABULATION COMMITTEE – (1) COLLECTION, HAULING AND DISPOSAL OF
SOLID WASTE AND REFUSE (2) COLLECTION, HAULING AND DISPOSAL OF RECYCLABLES – 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey that Clerk/ Administrator James Alexis, Finance Officer Tracey Taverner, Director of Public Works Robert Hodges, and Deputy Clerk Kimberly Tomkinson be and hereby are appointed to tabulate the bids to be taken on July 13, 2004 at 10:00 AM in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:
(1) COLLECTION, HAULING AND DISPOSAL OF SOLID WASTE AND REFUSE
(2) COLLECTION, HAULING AND DISPOSAL OF RECYCLABLES
16. RESOLUTION NO. 186-04 – AUTHORIZE APPLICATION
AND PARTICIPATION IN STATEWIDE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
(SCSEP) AUTHORIZED UNDER TITLE V OF THE OLDER AMERICANS ACT, KNOWN AS WORKFORCE
55+ (WF55+) – On motion by Mayor Doughty seconded by Committeemember
Leusner and passed on roll call, the following resolution was adopted.
WHEREAS, the Township of Middle wishes to apply to the New Jersey Department of Labor, Division of Employment and Training to participate in the Workforce 55+ program as a host agency, and
WHEREAS, this program enables low-income individuals, age 55 and older, to participate and gain valuable new skills and experience, that helps secure meaningful employment and provides valuable services to host agencies and communities.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is hereby granted to apply and participate in the NJ Department of Labor, Workforce 55+ program.
FURTHER RESOLVED, that Township Clerk/Business Administrator James Alexis is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.
17. RESOLUTION
NO. 187-04 – AMENDING APPOINTMENTS / SALARY RESOLUTIONS – 2004 – On motion by
Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS, various changes to member listing has taken place since January 1, 2004, and
NOW THEREFORE BE IT RESOLVED, that the “Appointment”
and “Salary” Resolutions for 2004 shall be amended as follows:
|
OFFICE |
NAME |
TERM EFFECTIVE |
TERM EXPIRES |
SALARY |
|
Zoning Brd of Adjust. Secty. |
David May |
01/01/2004 |
12/31/04 |
$850.00 |
|
Planning Brd Secty. |
David May |
01/01/2004 |
12/31/04 |
$850.00 |
18. RESOLUTION
NO. 188-04 – REJECT BID- EMERGENCY COMMUNICATIONS UPGRADE – On motion by
Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS, following public advertisement, bids for Emergency Communications Upgrade were received by the Township of Middle on February 10, 2004 at 12:00 P.M. at the Township Hall, and
WHEREAS, only one bid was received by Skinner & Cook, Inc,, and
WHEREAS, the bid exceed the budgeted amount for this project, and
WHEREAS, it appears to be in the best interest of the Township to reject the bid.
NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bid for the Emergency Communications Upgrade Project shall be and is hereby rejected.
19. RESOLUTION
NO. 189-04 – ACKNOWLEDGEMENT OF LEASE BETWEEN THE VILLAGE OF GRASSY SOUND CIVIC
ASSOCIATION INC. AND THE COUNTY OF CAPE MAY AND ALSO A TRI-PARTY AGREEMENT
BETWEEN THE TOWNSHIP OF MIDDLE, THE CITY OF NORTH WILDWOOD, AND THE VILLAGE OF
GRASSY SOUND CIVIC ASSOCIATION, INC. – 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 receipt of the lease between the Village of Grassy Sound Civic Association, Inc. and the County of Cape May, a copy of which is annexed hereto, be and hereby is acknowledged.
Further resolved that the Township of Middle hereby affirms its obligations under the tri-party agreement dated March 15, 2004 among the City of North Wildwood, the Village of Grassy Sound Civic Associations, Inc. and the Township of Middle.
Further resolved that a certified copy of this resolution be forwarded to the County Counsel of the County of Cape May.
20. RESOLUTION NO. 190-04 – VACATION AND CREATION OF A 20 FOOT WIDE DRAINAGE EASEMENT – BLOCK 328 LOT 14.01 – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.
WHEREAS, there currently exists a 20 Foot Wide
Drainage Easement Across the lot known as Block 328, Lot 14.01, which lot is
owned or about to be owned by Albert Morelli; and
WHEREAS, this easement bisects the lot and making the lot undevelopable, and
WHEREAS, the infrastructure is a small above ground swale which directs the water across the lot; and
WHEREAS, newer, better and safer drainage infrastructure can be constructed in the roadway and across a different portion of the property, which infrastructure Mr. Morelli has agreed to pay for by reimbursing the Township for any and all of its expenses associated with the design and construction of said infrastructure; and
WHEREAS, the Township believes it is in the best interest of the Township to improve the drainage infrastructure in this location,
BE IT RESOLVED by the Township Committee of the Township of Middle, that the governing body thereof, hereby:
1. Vacates the existing Drainage Easement located on Block 328, Lot 14.01, a description of which is attached hereto as Exhibit “A” and a part hereof, conditioned upon the following first occurring:
a. The owner of said lot Block 328, Lot 14.01 must first grant to the Township of Middle a Drainage Easement across Block 328, Lot 14.01, a description of which is attached hereto as Exhibit “B” and made a part hereof; and
b. The drainage infrastructure must first be constructed on the easement provided in subparagraph a above and be in working order before the existing easement infrastructure is removed; and
c. The owner (or contract purchaser) of said lot Block 328, Lot 14.01 must first post a bond in an amount sufficient to complete the construction of the drainage infrastructure described above in a form satisfactory to the Township attorney.
2. All officials, officers and employees of the Township of Middle are hereby authorized, directed and empowered to take any action reasonably necessary or advisable to carry out the intent and purpose of this Resolution.
21. ORDINANCE
NO. 1159-04 - AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP, JURISDICTION
AND MAINTENANCE OF MAGNOLIA DRIVE AND A PORTION OF READING AVENUE, AND A
PORTION OF SHELLBAY AVENUE FROM THE TOWNSHIP OF MIDDLE TO THE COUNTY OF CAPE
MAY AND FURTHER AUTHORIZING ACCEPTANCE OF OWNERSHIP, JURISDICTION AND
MAINTENANCE OF A PORTION OF COUNTY ROAD WILLIAM STREET AND A PORTION OF HAND
AVENUE FROM THE COUNTY OF CAPE MAY TO THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty seconded by Committeemember
Leusner and passed on roll call, Ordinance No 1159-04 passed first reading.
Second reading, public hearing and consideration for adoption will be held on
04/05/2004 at 6:00 p.m.
22. RESOLUTION
NO. 191-04 – EMERGENCY 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
budget under the title of:
Please
see attached list
|
GENERAL GOV. |
|
|
|
|
|
|
|
GENERAL ADMIN. |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
5,000 |
|
|
|
HUMAN RESOURCES |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
MAYOR & COMMITTEE |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
5,000 |
|
|
|
MUNICIPAL CLERK |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
CODIFICATION |
OE |
|
|
0 |
|
|
|
FINANCIAL ADMIN |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
AUDIT SERVICES |
OE |
|
|
0 |
|
|
|
GRANTS ADMIN |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
TAX ASSESS |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
TAX COLLECT |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
5,000 |
|
|
|
LIQ. OF T.T.L. |
OE |
|
|
5,500 |
|
|
|
LEGAL SERVICES |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
COURT |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
INTERLOCAL STONE HBR COURT |
OE |
|
|
0 |
|
|
|
PROSECUTOR |
S&W |
|
|
0 |
|
|
|
PUBLIC DEFENDER |
S&W |
|
|
0 |
|
|
|
ENGINEERING |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
BUILDINGS |
S&W |
|
|
0 |
|
|
|
|
OE |
|
|
0 |
|
|
|
|