June 20, 2005 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
NOW THEREFORE BE IT RESOLVED, by
the Township Committee of the
NOW THEREFORE BE IT RESOLVED, by
the Township Committee of the
Dedicated Trust $ 4,708.81
Current Acct. $ 1,004,825.00
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 request for Family Medical Leave for William Everingham from June 7, 2005 through August 30, 2005,
pending doctors note and is subject to change, is hereby approved following the
payment schedule attached.
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:
WHEREAS, N.J.S.A. 40:4-45 et seq. declares that, it is the policy of the Legislature that spiraling costs of local government must be controlled to protect the homeowners of the State and enable them to maintain their homesteads, and
WHEREAS, N.J.S.A. 40A:4-45.2 prohibits counties and
municipalities from increasing their final appropriates by more than 2.5% or the
cost of living adjustments, whichever is less over the previous year’s
appropriations, which is referred to as the “Cap Law”, and
WHEREAS, N.J.S.A. 40A:4-45.2 sets forth the items of appropriations that must be included in the “Cap”, which include amounts of revenue generated by an increase in assessments; amounts approved by referendum, expenditures for the assumption of any service or function of a local public utility, and
WHEREAS, local elected officials are extremely aware of the burden imposed upon their taxpayers and exercise appropriate fiscal and community responsibility in the adoption of their respective budgets, and
WHEREAS, the State of Jersey * - Government does not have the same or similar law limiting how its budget increases from year to year, nor does the State have a “Cap Law” to limit its appropriations, and
WHEREAS, without limitations on the
amount the government of the State of
WHEREAS, in the spirit of tax
relief, the State of
NOW THEREFORE BE IT RESOLVED, by
the governing body of the
1. It requests that legislation be enacted to impose limits on the annual New Jersey State Budget in include spending limitations comparable to those required of Municipalities, Counties, Authorities and School Districts, and
2. A certified copy of this resolution be forwarded to Acting Governor Codey, Cape May County Legislators and municipalities.
WHEREAS, Christopher Williamson, a twelve year old resident of Cranford, New Jersey, was struck and killed by an unlicensed driver on June 14, 2004, and
WHEREAS, on September 20, 2004 the unlicensed driver
who struck and killed Christopher Williamson plead guilty in Cranford Municipal
Court to a traffic violation and paid a nominal fine, the maximum punishment
available under New Jersey law for a driver who has never had a driver’s
license involved in an accident that results in death of another person, and
WHEREAS, New Jersey Criminal Law (N.J.S.A 2C: 11-5(b)(1)) provided that a driver with a suspended or revoked license who is involved in an accident resulting in the death of another person is guilty of a crime of the third degree, punishable by imprisonment of 3 to 5 years, a fine of up to $15,000.00 or both, and
WHEREAS, it is common sense of the people of New Jersey that a person who drives without having obtained a driver’s license and kills another person should be guilty of a crime in the same way that someone who drives with a suspended or revoked license and kills another person is guilty of a crime, and
WHEREAS, “Christopher’s Law” (A3526 / S2144) has been introduced in the Assembly and the Senate to amend section 2 of P.L. 2001, c. 213 and supplement title 2C of the New Jersey Statues in order to make a driver who has never had a driver’s license who is involved in an accident that results in the death of another person guilty of a crime of the third degree, punishable by imprisonment of 3 to 5 years, a find of up to $15,000.00 or both.
NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, New Jersey, urges the New Jersey State Assembly and the New Jersey State Senate to pass “Christopher’s Law” without delay in order to conform the New Jersey Statutes to the common sense of the people of New Jersey and to protect the people of New Jersey from unlicensed drivers.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Acting Governor Codey, Senators Corzine and Lautenberg and Cape May County Legislators.
WHEREAS, as the helicopter at the Voorhees location covers the entire South Jersey area, the relocation of it to the Hammonton Airport would be more centrally based greatly decreasing response time to the entire region, and
NOW THEREFORE BE IT RESOLVED, that the Township Committee of the
FURTHER RESOLVED, that a copy of
this Resolution be forwarded to Mr. William Duffy, OEMS Aeromedical
Director, Cape May County Freeholders and the
NOW THERE BE IT RESOLVED, by the
Township Committee, of the
FURTHER RESOLVED,
that a copy of said agreement shall be annexed thereto and made part of this
resolution.
NOW THERE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, that authorization is hereby granted to Kmart Store of Rio Grande to hold a “Community Health Fair” on Sunday June 26, 2005 in a portion of their parking lot located at Route 9 and Route 47, Rio Grande.
FURTHER RESOLVED, that a copy of
this resolution shall be forwarded to the Chief of Police, Zoning Official,
Construction Official, and Code Enforcement for their review and file.
NOW THEREFORE, BE IT RESOLVED, that the Township Committee of the
Township of Middle does hereby authorize the appropriate official to file an
application for such grant funds; to execute any contracts or agreements
necessary to obtain the funds, contract/agreements in connection with the
Municipal Alliance Grant.
BE IT FURTHER RESOLVED,
that the Mayor of the Township of Middle is authorized to sign the Application
for the 2006 grant funds, and to execute all contracts and agreements necessary
to accept the funds and carry out the program in accordance with the State
requirements.
WHEREAS, Eckerd Pharmacy has requested permission to hold an outdoor event on June 29, 2005; and
WHEREAS, this outdoor event will include a blues
guitar player; popcorn, ice cream and soda vendors; and
WHEREAS, this event is to help raise money for Children’s Miracle Network, with all funds going to local children’s hospitals, and
WHEREAS, the event will run from 6pm to about 8:30pm, and will be located in the lawn area next to the main entrance facing the Shop Rite rear parking lot, and
WHEREAS, in the event of rain the event will be held inside the store.
NOW THEREFORE BE IT RESOLVED, by
the Township Committee, of the
FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to the Construction Official, Zoning Official, and Chief of Police for their records.
WHEREAS, $5,000.00 is being held as a performance guarantee for William Schnatz / Marv Austin for the street opening located at 4th Ave, aka Block 328 Lots 14.04, 14.03, and
WHEREAS, the Township Road Superintendent 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
WHEREAS, $280,410.00 is being held as a performance guarantee of Bowman Construction Inc. for site improvements at Block 98, Lot 15, also known as Route 9 North, Swainton, and
WHEREAS, the Engineer has conducted his inspection
and determined that improvements having a value of $204,610.00 have been
completed, and
WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $75,800.00.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Irrevocable Standby Letter of Credit with Cape Savings Bank be and is hereby reduced to $75,800.00
WHEREAS, $84,991.60 + Additional Interest is being held as a Performance Guarantee for Frank Kacerek for site plan improvements at Block 355.02, Lot 26.01, also known as Oyster Road & Shunpike, and
WHEREAS, the Engineer for the
WHEREAS, the Zoning Officer for the
WHEREAS, the Land Use Law of the
State of
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Account No. 72000 82815 with Commerce Bank in the name of Frank Kacerek be and is hereby released.
WHEREAS, Cape May Seashore Lines Railroad currently operates tourist passenger service in a portion of Cape May County and provides service to Cape May City, a primary tourist destination in New Jersey, and
WHEREAS,
WHEREAS, highway congestion, limited new highway construction and limited parking ability in Cape May City hamper our tourist resources from being fully realized, and
WHEREAS, with proper approvals, Cape May Seashore Line Railroad has the ability to offer tourist passenger service beyond its current scope allowing expansion to Winslow Junction, therefore connecting the Cape May Seashore Lines Railroad with pointes east such as Atlantic City, points west such as Philadelphia and other destinations along the Northeast Corridor, and
WHEREAS, expansion of said tourist passenger service by Cape May Seashore Lines Railroad would benefit all communities along he rail line between Winslow Junction and Cape May City, and
WHEREAS, many communities along the railroad line could offer tourist services and attractions which would benefit local economies, as well as offer additional opportunities for park and ride facilities which would further benefit Cape May, Atlantic and Camden Counties, and
WHEREAS, projects have already begun along the rail line such as Richland Village in Buena Vista Township, Atlantic County; Tuckahoe Station in Upper Township, Cape May County; and revitalization plans in Woodbine Borough, Cape May County with the door being open for other potential projects along the rail line, and
WHEREAS, the improvement of this rail line would require investment of financial resources that would rehabilitate the tracks up to the standards of handling trains traveling at a moderate rate of speed, thus offering tourist opportunities and convenience to New Jersey visitors and residents, and
WHEREAS, the communities along the railroad right of way are asking the New Jersey Department of Transportation, NJ Transit, Casino Reinvestment Development Authority, State of New Jersey and the Federal Government to play an active role in finding funding sources to place the entire rail line in a state of good repair to bring this project to fruition, and
WHEREAS, the amount of money needed to complete said project would provide additional tourist revenues into the New Jersey economy, alleviate traffic congestion, reduce environmental impact and fill a much needed void in regional transportation options, and
NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Middle does hereby request that all the appropriate agencies, along with state and federal legislators to be engaged in the process of moving the Cape May Seashore Lines Railroad forward in a positive manner.
WHEREAS, certain licensees have filed for renewal of their Alcoholic Beverage License for one (1) year beginning July 1, 2005, and
WHEREAS, the said applications are in due and proper
form with the fee of $600.00 for each Plenary Retail Consumption License; $600.00
for each Retail Distribution License; $150.00 for each Club License and no
objection filed and all $200.00 State Filing Fees received and forwarded,
THEREFORE BE IT RESOLVED,
that the Township Committee, the Governing Body of the
BE IT FURTHER RESOLVED,
that the Township Committee, the Governing Body of the
BE IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by the Clerk if the Township of Middle in accordance with the rules and regulations of the State Department of Alcoholic Beverage Control and appropriate Ordinances of the Township of Middle.
WHEREAS, Title 40A:9-113 regulates
the appointment of a Municipal Clerk by the governing body of the
WHEREAS, the qualifications of a Municipal Clerk are
regulated in 40A:9-133.2, 40A:9-133.3 and 40A:9-133.6; and
WHEREAS, pursuant to the requirements, James Alexis, Municipal Clerk has received his Certification and maintains Certificate #C-1073 issued by the State of New Jersey, Department of Community Affairs, the Division of Local Government Services; and
WHEREAS, Certificate #C-1073 is a valid Certificate; and
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 the following person be and is hereby appointed to fill the following position for the term of office opposite their name:
NAME TITLE EFF. DATE TERM EXP.
James Alexis Township Clerk/ 9/1/05 9/01/08
Business Administrator
310-05 (a) WHEREAS, The Wetlands Institute has applied for approval to sell alcoholic beverages at an affair to be held at The Wetlands Institute, 1075 Stone Harbor Boulevard, on July 16, 2005 from 6 pm to 9:00 pm, and
WHEREAS, they have provided proper
documentation to the
NOW, THEREFORE BE IT RESOLVED, that
the Township Committee, in the
311-05 (b) WHEREAS, The Wetlands Institute has applied for approval to sell alcoholic beverages at an affair to be held at The Wetlands Institute, 1075 Stone Harbor Boulevard, on September 16, 2005 from 5:30 pm to 10:00 pm, and
WHEREAS, they have provided proper
documentation to the
NOW, THEREFORE BE IT RESOLVED, that
the Township Committee, in the
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
NOW THEREFORE BE IT RESOLVED, by
the
1.) The public shall be excluded from the discussion of an action upon the hereinafter specified matter: MATTERS OF PERSONNEL
2.) The general nature of the subject matter to be discussed is as follows: MATTERS OF PERSONNEL
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.
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 Township Clerk/Administrator James Alexis, Deputy Township Clerk Kimberly Tomkinson, Chief Finance Officer Tracey DeVico and Township Engineer Vincent Orlando be and hereby are appointed to tabulate the bids to be taken on July 13, 2005 at 3:00 p.m. in the Middle Township Municipal Building, 2nd Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:
DAVIES SPORTS COMPLEX LIGHTING PROJECT
BE IT RESOLVED, by the Township Committee of the
Township of Middle, the governing body thereof, that Mayor F. Nathan Doughty be
and hereby is authorized to sign the statement of consent for a TWA/NJDEP
permit application on behalf of the County Park and Zoo.
BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, authorization is hereby granted to Acme Markets to display outdoor signage in conjunction with the June 24th Grand Opening of their new store located at 1574 Rte 9 North in the Swainton section of Middle Township, otherwise known as “Avalon Boulevard Acme” for 30 days including and following the Grande Opening celebration.
FURTHER RESOLVED, that the following exterior items
shall be approved for the event:
1 – Building Banner: Grande Opening
6 – Pole Drapes, installed on parking lot light poles
6 – Free standing a-frame signs
17 – Acme flags
6 – Patriotic Fan Drapes
1 – Large Inflated Balloon
FURTHER RESOLVED, that images of these items can be viewed at http://www.viableretail.com/~acme/
FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the Construction Official, Zoning Official and the Chief of Police for their notification of said event.
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
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 June 20, 2005 through completion of the project.
BE IT FURTHER RESOLVED, that a
contract be executed by the
Indoor Air Quality Sampling – Municipal Hall – Brinkerhoff Environmental Services Inc.
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.
WHEREAS, Our Lady of Angels Church has applied to Legalized Games of Chance Control Commission for a Raffle License to conduct a “50 / 50”, and
WHEREAS, the location will be at, Rte 9 & Crest
Haven Road, Cape May Court House, NJ 08210, otherwise known as The Cape May County
Park & Zoo, 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 and fee have been received.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night aka “50 / 50” September 18, 2005 at the location of Rte 9 & Crest Haven Road, Cape May Court House, NJ 08210, (otherwise know as The Cape May County Park & Zoo) is hereby approved.
WHEREAS,
the Township of Middle, County of Cape May, and State of New Jersey contains a
place where an Agricultural Fair and Exhibition organized for the purpose of
holding Agricultural Fairs and Exhibitions which is approved by the State
Department of Agriculture, and
WHEREAS,
proper applications have been made to the
THEREFORE
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of
Cape May and State of New Jersey that the Amusement Games applicant is hereby
licensed by the Township of Middle pursuant to the "Amusement Games
Licensing Law" for the games mentioned in said applications for the period
of July 21, 2005 through July 23, 2005 at the Cape May County 4-H Fairgrounds, Dennisville Rd. Cape May Court House, NJ.
Committeemember Leusner made comment regarding the bear that was spotted on Court House South Dennisville Rd
Committeemember DeLanzo reminded the public about the 4th of July Celebration scheduled for the Clarence Davies Complex.
Mayor Doughty announced the proposed
upcoming receipt of 1.1 million dollars towards the beach replenishment at
Rev Thompson – Whitesboro – voiced
his continuing complaint. It’s been over a year and his water is still not
turned over yet to the
Committeemember Leusner stated that that is a problem and he will look into it immediately
Thompson – Where is the plumber?
Committeemember Leusner asked for his phone number and stated that he was going to find a solution to the problem. He was going to get a hold of Kathy Meers and find out what the problem is.
Sam Kelly – Swainton – thanked his neighbors for attending in support. He has now attended the meeting on 2 occasions with no answers so he went to his neighbors. He is once again asking for committees view on the over development? Are you with us or against us?
Committeemember Leusner asked Mr. Kelly if he has short term memory ….. you make it seem like committee is never there for the residents … what about the outlet mall in Swainton… it was committee that stopped it. Are you asking “what have you done for me lately?”
Kelly – absolutely – we are not talking about the past.
Committeemember DeLanzo stated
that she understood the concerns but committee is working hard for a solution.
Affordable housing is something that has to be worked on…. Its part of
economics all over
Kelly – communities can stop this.
Committeemember Leusner – how?
Kelly – don’t ask me
Committeemember Leusner – your twisting works and putting them in my mouth.
Mrs. Wise – Whitesboro – rolling with the same idea … Whitesboro needs affordable housing.. all these new stores and no housing.
Vince Orlando – unfortunately with the way pricing is going it is very difficult for young adults to buy a new home. The Township has recently started a new committee, Economic Development Council, to help with overdevelopment and grants.
Committee cannot make people ask less of a market price for housing. They cannot set the mark price. With the redevelopment plan for State Centers the acreage is proposed to go to 5-10 acre development. But that only means instead of building 10 units for $800, 000.00 they will build 7 units for 1.1 million.
Mr. Kelly – K Hovanian just built 40 homes. If we up the acre requirement and make it less appealing for developers it should slow down the building.
Mayor Doughty – your to late… where were you 10-15 years ago when the master plan came out.
Bob Kelly – stated that he believed committee was acting very unprofessional. A lot of the housing going up now is “junk”
Committeemember Leusner – don’t understand … not up to code…..?
B. Kelly – homes not being built the way he would like to see them.
Committeemember Leusner – poor construction
Linda Bakely – committee didn’t do anything to stop the overdevelopment. Since I wasn’t here 10-15 years ago I don’t have any rights?
Steven O’Connor – asked committee how they could repeal an ordinance for impact studies on development. Can’t they put the repeal on hold? It controls unwanted development.
O’Connor – the master plan, when was it adopted last?
O’Connor – the master plan also recommended a Historical Commission
Curly Neiman – Was concerned with the Apple Orchard in Swainton that has been taken down for more housing.
Kelly - their construction starts at 7am
Neiman – they start at 4am with their trucks running and then get moving at 6pm. They keep cutting down more and more trees
Mayor Doughty – not within the last couple of days
Sebastiane – Committee taking a beating tonight. Not their fault pricing is so high. When he was looking for his first home he had to look in an area that he wasn’t thrilled about but you buy where you can afford.
Anita Shelton – stated that she
has 2 grandsons in the tennis program at the
Committeemember DeLanzo stated
that the Tennis Instructor estimated 25 children, 30 signed up and 60 SHOWED
UP. Per the coach the program was moved to Court House due to more courts (5
vs. 2 at the
Mrs. Wise – has 8 grandchildren – many who need transportation to get to Court House. She is very disappointed in the Township. The basketball courts have been done for over a year, the swings are rusty and have never been complete.
Committeemember DeLanzo – we are
working on the courts. There was a malfunction with the nets therefore we are
waiting on the supplier. There are multiple programs at the
Vince Orlando – the basketball courts should be complete within the next couple of weeks. We are just waiting on the final paving.
Committeemember DeLanzo – I’m sure you can see the investment in the Center.
Sheryl Sitsrow – asked if the same programs that are held at the Davies Complex will be held in Whitesboro.
Committeemember DeLanzo – overall yes. I might add that a commercial kitchen was added for fundraisers to help the children financially for different programs.
Chris Peltzer – Whitesboro – went to the recreation center the other day, informed the supervisor that he was there representing a non-profit organization requesting the use of the building for senior citizen and teen events. He was told there was a fee to use the building and felt that he should be except from that fee.
Corky Miller – Swainton – stated that she had called Town Hall and inquired as to whether the Township had a ordinance establishing the placement of bus shelters. She lives on the corner of Fox Run and Rte 9 and passengers of the New Jersey Transit leaves trash and trespasses all along her property. She requested a “bus stop” sign and now there are two signs. Wants the stop moved off of her property.
Committeemember DeLanzo stated that she should in the mean time place no trespassing signs on the property. And if need be call the police.
Denise Shelton – Whitesboro – requested that the recreation center be open more often for the children of the area.
Robert Bakley
– voiced his opinion on the
OUTBURST
B Kelly – I came to talk to the officials that I elected. I don’t want any double talk.
Committeemember Leusner – What do you want?
Kelly – a moratorium placed on the town.
Committeemember Leusner then how do you expect us to build “affordable housing” at the same time.
Mayor Doughty this meeting was very productive. We thank everyone for their input.
There being no other business, the meeting was adjourned at 8:30pm:
__________________________________
James Alexis, Clerk