Cape May Court House, NJ

October 18, 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, Committeemember DeLanzo, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

 

  1.  RESOLUTION NO. 572-04 – 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 October 4, 2004 are hereby approved.

 

  1. RESOLUTION NO. 573-04 – 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 the following bills in the amounts indicated are hereby approved:

                           Dedicated Trust                      

                           Current Acct.                           

 

  1. REPORTS: The following offices have submitted their monthly reports for the months indicated: Municipal Court for the month of September; Treasure’s Office for the month of September;

 

  1. RESOLUTION NO. 574-04 – 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 Abstain

WHEREAS, $49,079.00 is being held as a performance guarantee of Sturdy Savings Bank for site improvements at Block 221, Lot(s) 25-30, 31.01, 31.02, 32.02, 33.01, 34.01, 34.02, 35 , also known as Stone Harbor Blvd. And Crest Road, CMCH, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $28,590.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $20,489.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond with Commerce Bank (Account No. 72000 82697) be and is hereby reduced to $20,489.00.

 

  1. RESOLUTION NO. 575-04 – REDUCTION OF PERFORMANCE BOND – TROUBLED ACRES INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $497,920.80 is being held as a performance guarantee of Troubled Acres Inc. for site improvements at Block 99.02, Lot(s) 31.06, also known as Reagan’s Run, Swainton, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $373,702.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $124,218.80.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Irrevocable Letter of Credit with Cape Savings Bank be and is hereby reduced to $124,218.80

 

  1. RESOLUTION NO. 576-04 – RELEASE OF PERFORMANCE BOND – ROS-LEN INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $42,386.60 is being held as a Performance Guarantee for Ros-Len Inc. for site plan improvements at Block 166, Lot 14.01, also known as 311 Dias Creek Rd., 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 the Site Improvement Performance Bond ID # B21862995 in the name of Ros-Len Inc. be and is hereby released.

 

  1. RESOLUTION NO. 577-04 – CANCEL 2004 AND 1ST ½ 2005 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

In accordance with the attached Civil Action Judgment the property listed below is tax exempt. 

ACCT      BLOCK            LOT            OWNER/LOCATION    2004             1st ½ 2005                   

2495

121.01

2,3,4,

 

Block 123 lot 1

Borough of Avalon

 

Property location:  Avalon Blvd

830.84

   415.42

 

  1. RESOLUTION NO. 578-04 – AUTHORIZE SALE OF SURPLUS PROPERTY – On motion by Committeemember Leusner 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 Public Works Building, 400 Mechanic St., Cape May Court House on Saturday, October 30, 2004at 9 a.m.

2. A notice of said sale shall be published in the Herald Times in its issue of October 20, 2004 and also October 27, 2004. 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.

 

  1. RESOLUTION NO. 579-04 – AUTHORIZE REIMBURSEMENT BY CAPE MAY COUNTY PROSECUTOR’S OFFICE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Middle Township Police Department participated in the Cape May County Underage Alcohol Enforcement Project in connection with the Cape May County Prosecutor’s Office in May of 2004 through September 30, 2004, and

WHEREAS, part of the project budget is dedicated to salary and wages, specifically overtime, to reimburse municipalities for officers who are assigned to assist in the enforcement operations, and

WHEREAS, this reimbursement has been set at an hourly rate of $45.00, by the Division of Highway Traffic Safety, and

WHEREAS, accordingly, the Middle Township Police Department is entitled to be reimbursed for salary and wages paid to those officers assigned to work any of the scheduled enforcement details.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that authorization is hereby granted to accept and disburse funds accordingly to those officers of the Middle Township Police Department, as indicated by the appropriate Police Administrative Officer, so entitled, whom where assigned to the Cape May County Underage Alcohol Enforcement Project.

 

  1. RESOLUTION NO. 580-04 – APPROVE – ADOPT A SPOT GRANT – GIRL SCOUTS OF AMERICA – 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 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:

Girl Scouts of America Troop #6175

         Reeves Street, Vick Ave, Grant Street, Reading Ave, George Street

                            October 3, 2004     

 

  1. RESOLUTION NO. 581-04 – 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. 582-04 – AUTHORIZATION TO TEMPORARILY LOCATE TWO (2) SINGLE FAMILY DWELLINGS ON ONE (1) LOT - On motion by Committeemember Leusner           seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, William H. MacBride, who resides at 315 Rt 47 N, Goshen, New Jersey aka Block 4.01, Lot 12; and

WHEREAS, Mr. MacBride is requesting that the Township of Middle provide him with temporary relief to allow for the construction of a new single family dwelling on this property; and

WHEREAS, at the present time there is an existing single family dwelling that will be demolished upon the issuance of the Temporary Certificate of Occupancy for the new dwelling; and

WHEREAS, completion of the new home will be December 31, 2005; and

         WHEREAS, Mr. MacBride has agreed to remove the old home by March 31, 2006; so

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that for the 90 day period of December 31, 2005 to March 31, 2006, there be permitted 2 single family dwellings on Block 4.01, Lot 12.

 

  1. CORRESPONDENCE RECEIVED – Notification has been received by the Municipal Clerk in the form of an Application to transfer from place-to-place, the Mattera’s Liquor License #0506-44-003-005, from its current location of 1602 Rt 47 S, Rio Grande to 1613A Rt 47 S, Rio Grande.  Also, the current trade name of “Country Liquor Store” shall be changed to the new trade name, “Joe Canals Discount Liquor Outlet.”

The applicant is publishing a legal notice for a Place-to-Place Transfer in the Cape May County Herald on Wednesday, October 13, 2004, and Wednesday, October 20, 2004.  At such time as the Township of Middle and the New Jersey Division of Alcoholic Beverage Control deem the application complete, Township Committee of the Township of Middle will then take formal action.        

 

  1. RESOLUTION NO. 583-04 – SUPPORT OF ASSEMBLY BILL #3247 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, on September 23, 2004, in the General Assembly of the State of New Jersey, Assembly Bill #3247 was introduced;

WHEREAS, Assembly Bill #3247 further clarifies the what is and how is to be used recreational vehicles, travel trailers, truck campers within the campground community; and

WHEREAS, Assembly Bill #3247 specifically states that travel trailers and/or tents within campgrounds are not a private residential lease hold community; and

WHEREAS, it is in the best interest of the Township of Middle and the State of New Jersey to adopt such a law;

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, that this Resolution be forwarded to the State of New Jersey General Assembly, and in particular to Assemblyman Jeff Van Drew of the First Legislative District as an endorsement by the Township Committee of the Township of Middle, supporting this legislation.

 

  1. RESOLUTION NO. 584-04 – SOCIAL AFFAIRS PERMIT – BTMH AUXILIARY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Burdette Tomlin Memorial Hospital Auxiliary has applied for approval to sell alcoholic beverages at a Christmas Party to be held at Wildwood Golf Club Inc., CMCH, on December 4, 2004 from 11:00 a.m. to 8:00 pm, 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.

 

  1. RESOLUTION NO. 585-04 – CATERING PERMIT – CAPE HOSPITALITY GROUP LP – HARVEST FESTIVAL – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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 30, 2004 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 Social Affairs Permit.

 

  1. RESOLUTION NO. 586-04 – APPOINTMENT – NEW HIRE – CLERK TYPIST – 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, 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

Lisa Campbell /Tax Collector / Tax Assessor’s Office

Clerk-Typist

$18,720.00

11/01/04

 

  1. RESOLUTION NO. 587-04 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – GEORGE SEABROOK - 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 paid (utilizing accumulated time) request for Family Medical Leave for George Seabrook from October 19, 2004 through January 1, 2005 (pending doctor’s note) is hereby approved.

 

  1. RESOLUTION NO. 588-04 – AUTHORIZING THE EXECUTION OF A CONTRACT WITH SOUTH JERSEY ENERGY TO FURNISH AND DELIVER NATURAL GAS TO THE TOWNSHIP OF MIDDLE THROUGH THE ATLANTIC / CAPE ENERGY COOPERATIVE - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle (hereinafter “Township”) us a member of the Atlantic/Cape May Energy Cooperative (hereinafter “Energy Cooperative”), and

WHEREAS, on April 20, 2004 the Atlantic County Purchasing Department received bids for the provision of natural gas on behalf of the Energy Cooperative, and

WHEREAS, the bid of South Jersey Energy was the lowest responsible bid received, and

WHEREAS, the Board of Chosen Freeholders of the County of Cape May, (hereinafter “Board”) has reviewed the account data and the potential savings to the County, including the Township of Middle, from South Jersey Energy as an Energy Cooperative member.

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

1.    It does authorize execution of an open ended contract, “CC-49-04, a copy of which is attached hereto and by this reference made a part hereof as Schedule “A”, for the purchase of natural gas through the Atlantic/Cape Energy Cooperative with:

South Jersey Energy

1 South Jersey Plaza, Rte 54

Folsom, NJ 08037

in the amount of $7.263 per Dekatherm, including the Firm Fixed Margin of $1.232 per Dekatherm, inclusive of the 6% NJ energy tax.

2.    The term of the contract shall be for 24 consecutive months commencing May 10, 2004 through May 9, 2006.

3.    The appropriate officers of the Township Committee, to wit, the Mayor and the Clerk, be and they are hereby authorized and directed to enter into and execute a contract with South Jersey Energy.

4.    Pursuant to the Rules of the Local Finance Board of the State of New Jersey, no amount of this contract shall be chargeable or certified until such time as goods are ordered or otherwise called for prior to placing the order. The Certification of Available Funds shall be made by the Chief Financial Officer and attached to the file copy of the purchase order. It shall be the responsibility of the official issuing the purchase order to notify and seek the Certificate of Availability of Funds from the CFO.

5.    All of the above recitals are incorporated herein by reference as if repeated at length.

BE IT FURTHER RESOLVED, that no participating contracting unit in the Energy Cooperative shall be responsible for any items ordered or for performance by any other participating contracting unit. Each participating contracting unit shall be liable only for its own performance and for items ordered and received by it and none assumes any additional responsibility of liability.

 

  1. PUBLIC COMMENT:

 

Committeemember DeLanzo commented on the Harvest Festival and the all of the new and returning vendors. The event is scheduled for October 30th. Also, Halloween will be held on October 31, 2004 from 5-8pm. On the 28th the Senior Center mural will be dedicated with a luncheon to follow at noon. Saturday, the Concerned Citizens of Whitesboro will hold their “Health Walk” at 8am in connection with their Health Fair.

 

Committeemember Leusner stated that he attended the PAC concert “Peace Makers” with Linda Gentile. The benefits go to the Animal Shelter Alliance. On Monday October 25, 2004 Ground Breaking will take place at the Former Fort Apache Recreation Center, which is 70 Acres on Fulling Mill Road in Rio Grande. There will be indoor and outdoor facilities including a Police Substation. All funding is in place and Committee is “very proud”. Also, on the 30th will be a Pancake Breakfast to benefit the MT Youth Baseball. Advance tickets available or at the door. 7-11am at Legion Hall.

 

Yvette Lovlet – has a rental on Shunpike across from a home with horses, pigs, etc. Claims that the homeowner does not conform with land regulations in the housing of multiple horses. Stallions improperly fenced in. It is very dangerous and the owner of the property does not even live there.

 

Mayor Doughty asked Ms. Lovlet if she has spoke with the owner regarding her complaints?

 

Y. Lovlet – yes. She had to take the owner to court to pay for a vet bill for one of the Stallions impregnating her mare. She has looked into the zoning for the Township and they do not have enough land.

 

J. Pickering stated that the Township would look into it and enforce fines if necessary. Violations are property owner’s responsibility.

 

Y. Lovlet – thanked Committee

 

R. Long – made comment regarding the same property. He stated that new development is supposed to have 50ft of stone in the driveway to stop tracking of mud in roadway. There is junk equipment on the property and they should be forced to clean up the property.

 

Vilma Pombo – on the 25th the League of Women Voters will be hosting Congressman LoBiondo vs his components.

 

Clarification of agenda item #7?

 

J. Alexis – explained that the Borough of Avalon appealed through the Tax Appeal process and won on a property located in the Township of Middle.

 

 

There being no other business, the meeting was adjourned at: 7:00pm

 

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