Cape May Court House, NJ

May 17, 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, Attorney Pickering, Engineer Orlando, Deputy Clerk Kimberly Tomkinson & Deputy Clerk Dawn Stimmel. Clerk/Business Administrator Alexis was absent

 

  1. ITEM OF DISCUSSION – ROUTE 47 1C PROJECT

DOT REPRESENTATIVES PRESENT:

         Jeff Palmer – Regional Construction Engineer.

         Rick Hammer – Program Mgr

         Dave Sichik, Construction Mgr

RICK HAMMER:  Prior to Memorial Day the traffic signals will be done, all barrels removed, the topping of the pavement within 2 inches of the final layer, stripping for turning lanes, center lanes and other directional patterns will be done with epoxy stripping.  The sidewalks will be done and it will be left this way for the summer until work resumes in September. 

There are curbs found to be defective, not built to proper specifications and must be corrected for proper drainage.  This is in a portion west of the Rt 9 intersection.  They held back $80,000 to the contractor.  We do not have the exact footage of what needs to be corrected.  We will be surveying that during the summer so that all information corrected before construction starts back up in September.  The contractor will return September 15th to finish what is left to finish.

DAVE SICHIK:  If they could work until mid June, maybe June 18th, they could get the Rt 9 to Shunpike paved and done.  Once the contractor starts back up in September, he will be assessed $5300 per day.  We cannot charge him from June 18th to September 15th because the state is responsible for not letting him work in that time period.  However, after the contractor starts back in September, they can then start assessing him the $5300 a day until the job is complete.

MAYOR DOUGHTY:  Are there any questions?

JIM LEAHY:  When you say you can finish the work by June 18th, does that include Rt 9?

DAVE SICHIK:  No

JIM LEAHY:  Are you confident that by the 18th, the west side can be done?

DAVE SICHIK:  Yes

JOHN FURY:  The edging in front of the Rio Grande Shopping Center has been stripped, is it going to be repaved?

JEFF PALMER:  The entrances will have temporary pavement until September, but after that it will have to be removed.

RICK HAMMER:  To correct the drainage problem during the summer we are going to punch holes in the sides of the drains.  The contractor will be responsible for making sure the drains are clear during the summer.

JIM LEAHY:  Why the sudden change with the $5300 penalty?

DAVE SICHIK:  After seeing condition survey is in, the contractor would be running around in a panic, and rather than have the contractor hurry through the summer with a $5300 a day tab hanging over his head, which might prompt him to work quickly, the state would just stop the work to avoid any more mistakes.

DEB SPINELLI:  Thanks to the DOT for coming tonight.  On behalf of Assemblyman Jeff VanDrew, who could not be here tonight, he wanted me to relay how disturbed over the situation on Rt 47 that he is.  He does want to speak with the DOT because this whole situation is totally unacceptable.

BOB NOEL:  When you start accessing the $5300, where does this money go?  Is it possible to use some of that money to help the businesses that have suffered losses from the construction?

DAVE SICHIK:  No, the money goes back into future construction projects.

DEB SPINELLA:  The fine will be exercised when the project begins again….right?

ALL:  Yes

COMMITTEEMAN LEUSNER:  If a contractor who performs work this way as the lowest “responsible” bidder, would this be enough to stop him from bidding on other projects?

DAVE SICHIK:  No

COMMITTEEMAN LEUSNER:  What does stop him?

JEFF PALMER:  Poor performance, failure to complete the job.

COMMITTEEMAN LEUSNER:  Who grades them?  Do they get A’s, B’s, etc.?  It IS the lowest “responsible” bidder.  Residents need to be protected in the future from this happening again.  It is a shame that it had to happen in our area.  I feel we need some answers from higher ups.  Thank you gentlemen for coming.

COMMITTEEWOMAN DELANZO:  This set back is a deviating disappointment. You need to come to us in ample time.  Consideration was not given to the businesses when access to their businesses was being cut off.

MAYOR DOUGHTY:  I agree with Committeeman Leusner and Committeewoman DeLanzo.  We now need to move forward and get this corrected.

KATHY JANICKI:  I noticed that there have been no detour signs posted when they have detours.  When they resume, could you see that this is taken care of?  I have also noticed little blue signs stating businesses name.  Why do some businesses have them and some do not?  I would like to have one with my business name on it.

JEFF PALMER:  Are you talking about the black and orange signs?

KATHY JANICKI:  No, the signs with the business name on them.

COMMITTEEMAN LEUSNER:  I believe you have to pay for them.

DAVE SICHIK:  Yes, you do have to pay for them.

RICK HAMMER:  The businesses that have them pay $350.00 a year for them.

KATHY JANICKI:  Since the $5300 is not touchable, can the businesses bring a class action suit against the contractor?

DAVE SICHIK:  There is nothing stopping you.

KATHY JANICKI:  After going through this for 2 years, we as residents and business owners get nothing.

 

  1. CORRESPONDENCE RECEIVED – STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF TAXATION – HOTEL / MOTEL TAX

 

  1. ORDINANCE NO. 1160-04 – AMENDING CHAPTER 104-13 OF THE TOWNSHIP CODE REGARDING RESIDENT SECURITY PERSONNEL AT CAMPGROUNDS - Following second reading, hearing, and consideration for adoption, Ordinance 1160-04 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1163-04 – AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1163-04 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.

 

  1. ORDINANCE NO. 1164-04 – 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 1164-04 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.

 

  1. ORDINANCE NO. 1165-04 – VACATING A PORTION OF WOODSIDE ROAD AS SHOWN ON SHEET 19.13 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1164-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 6/21/2004 at 6:00 p.m.

 

  1. RESOLUTION NO. 284-04 – 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 19, 2004 are hereby approved.

 

  1. RESOLUTION NO. 285-04 – 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; Municipal Court for the month of April; Tax Collector’s Office for the month of April;

 

  1. RESOLUTION NO. 286-04 – REJECT BIDS – GREEN CREEK PUMP STATION AND SANITARY SEWER SYSTEM – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, following public advertisement, bids for the Green Creek Pump Station & Sanitary Sewer System were received by the Township of Middle on April 27, 2004 at 10am at the Township Hall, and

WHEREAS, only two bids were received, and

         WHEREAS, the bids exceed the budgeted amount for this project, and

WHEREAS, it appears to be in the best interest of the Township to reject the bids.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bids for the Green Creek Pump Station and Sanitary Sewer System shall be and is hereby rejected.

 

  1. PUBLIC HEARING – AMENDED 2004 BUDGET – No Public Comment

 

  1. RESOLUTION NO. 287-04 – AMENDING APPROVED 2004 BUDGET – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

 

 

WHEREAS, the local municipal budget for the year 2004 was approved on the 2nd day of February, 2004 and

amended on May 3, 2004;

 

 

 

 

 

 

 

 

 

WHEREAS, the public hearing on said budget and amendment have been held as advertised, and

WHEREAS, it is desired to further amend said approved and previously amended budget, now

 

 

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May that

the following amendments to the approved budget of 2004 be made:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FROM

 

TO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANTICIPATED APPROPRIATIONS:

 

 

 

 

 

 

 

8.

General Appropriations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Capital Improvements - Excluded from "CAPS"

 

 

 

 

 

 

 

Capital Improvement Fund

 

 

 

 

       125,000.00

 

       137,450.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Capital Improvements - Excluded from "CAPS"

       590,000.00

 

       602,450.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(H-2) Total General Appropriations for Municipal Purposes-

 

 

 

 

 

Excluded from "CAPS"

 

 

 

 

    4,756,344.39

 

    4,768,794.39