Cape May Court House, NJ

March 21, 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 Middle Township Municipal Building.  Members present were Committeemember Leusner, Committeemember DeLanzo, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando. Mayor Doughty was absent.

 

 

  1. ORDINANCE NO. 1189-05 – AN ORDINANCE VACATING A PORTION OF OAK AVENUE ADJACENT TO BLOCK 982, LOT 1 AND 4 AND A PORTION OF DELAWARE AVENUE BETWEEN BLOCK 982, LOT 4 AND BLOCK 983, LOT 1 AT THE INTERSECTION OF ROUTE 9 AND NORTH WILDWOOD BLVD. AS SHOWN ON SHEET 29.01 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 1189-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/18/2005 at 6:00 p.m.

 

  1. ORDINANCE NO. 1190-05 – AN ORDINANCE VACATING A PORTION OF POPULAR STREET BLOCK 1105, ADJACENT TO LOTS 5, 6, 7, AND 8 AND BLOCK1118, LOTS 37, 38, 39, AND 40 AS SHOWN ON SHEET NO. 29.15 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 1190-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/18/2005 at 6:00 p.m.

 

  1. ORDINANCE NO. 1191-05 – AN ORDINANCE VACATING A PORTION OF ATLANTIC AVENUE AND CAPE MAY AVENUE AS SHOWN ON SHEET NO. 19.12 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 1191-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/18/2005 at 6:00 p.m.

 

  1. ORDINANCE NO. 1192-05 – AN ORDINANCE REGULATING LOT GRADING AND DRIVEWAY GRADING IN THE TOWNSHIP OF MIDDLE - On motion by                  seconded by                and passed on roll call, Ordinance No 1192-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/18/2005 at 6:00 p.m. – Tabled until 4/4/2005 meeting

 

  1. ORDINANCE NO. 1193-05 – AMENDING CHAPTER 236-35 OF THE CODE OF THE TOWNSHIP OF MIDDLE, THEREOF, ENTITLED VEHICLES AND TRAFFIC, SCHEDULE VII, “STOP INTERSECTIONS” - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1193-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/18/2005 at 6:00 p.m.

 

  1. RESOLUTION NO. 138-05 – 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 March 7, 2005 are hereby approved.

 

  1. RESOLUTION 139-05 – 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                       6,960.91

                           Current Acct.                   $ 1,080,225.32

 

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

 

  1. ACKNOWLEDGEMENT OF GRANT AWARD – GIS SOFTWARE AND TRAINING GRANT – The Township of Middle has been recently notified that we are the recipient of a GIS Software and Training Grant. The Grant was originated by the IAAO (International Association of Assessing Officers) and will be presented by a company named ESRI. The program was instituted to assist with Tax Assessing, Tax Mapping and to facilitate the distribution of GIS data between departments such as Fire, Police and Rescue. The Technology Foundation Grant Series Introductory Start Up Grant Program was highly competitive with applicants from all over the Country.

 

  1. RESOLUTION NO. 140-05 – ACKNOWLEDGEMENT OF TERMINATION AFTER 90-DAY WORK TEST PERIOD – 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the following termination listed below, is acknowledged.

    EMPLOYEE                           DEPARTMENT                EFFECTIVE

Nancy Pettit

P/T Public Safety Telecommunications Operator Trainee

03/01/2005

 

  1. RESOLUTION NO. 141-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – BARBARA MONTGOMERY – 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, 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 Barbara Montgomery from February 28, 2005 through April 4, 2005 (five weeks), utilizing accumulated vacation time, is hereby approved.

 

  1. RESOLUTION NO. 142-05 – RATIFY AGREEMENT – EMPLOYEE CARE – 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 the Agreement between Employee Care and the Township of Middle for the Employee Assistance Program effective April 1, 2005 through March 31, 2006, 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 $ 4800.00  has been bid for the following service or items employee assistance program. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 5-01-20-105-105-299.

PO# 2050940.

_________________________________________

Tracey L. Taverner, CFO

 

  1. RESOLUTION NO. 143-05 – SOCIAL AFFAIRS PERMIT – BURDETTE TOMLIN MEMORIAL HOSPITAL 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 Volunteer Awards TEA to be held at Wildwood Golf Club, 1170 Golf Club Road, Cape May Court House, on April 22, 2005 from 12:30 pm to 3:00 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. 144-05 – INSERTION OF A SPECIAL ITEM OF REVENUE – CAPE EXPRESS SOCCER CLUB DONATION – RECREATION – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, R.S. 40A: 4-87 provides the Director of the Division of Local Government Services to approve the insertion of any Special Item of Revenue in the budget of any Municipality when such item shall have been made available by law and the amount whereof was not determined at the time of adoption of budget, and

WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, hereby requests the director of Local Government Services to approve the insertion of additional items of revenue in the budget of the year 2005 in the sum of:

CAPE EXPRESS SOCCER CLUB - DONATION    --       FY 2005   -- $3,000.00

BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:

CAPE EXP – REC. FIELD MAINT.    --       FY 2005  -- $3,000.00

 

  1. RESOLUTION NO. 145-05 – AUTHORIZATION TO APPLY – 2005 DCA HOME REHABILITATION PROJECT – 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 authorization is hereby granted to apply to the State of New Jersey, Department of Community Affairs, for the 2005 DCA Home Rehabilitation Project.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

 

  1. RESOLUTION NO. 146-05 – LOCAL PUBLIC CONTRACT – GRANT PREPARATION AND SUBMISSION – BLAUER ASSOCIATES INC. – 2005 DCA HOME REHABILITATION PROJECT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo                  and passed on roll call, the following resolution was adopted.

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 Township of Middle requires said services and funds are available for said purpose,

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.

Blauer Associates Inc. – Grant Preparation and Submission – 2005 DCA Home Rehabilitation Project

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.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $1500.00   .  has been bid for the following service or items grant preparation. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 5-01-20-130-131-299

PO# 2050945.

_________________________________________

Tracey L. Taverner, CFO

 

  1. RESOLUTION NO. 147-05 – ACKNOWLEDGEMENT OF RESIGNATION – 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 following resignation listed below is acknowledged.

          EMPLOYEE                     DEPARTMENT                EFFECTIVE

Jay Gaskill

Public Works

03/18/2005

 

  1. RESOLUTION NO. 148-05 – AUTHORIZATION TO APPLY TO THE NJDEP FOR STORMWATER MANAGEMENT GRANT – FY 2005 – 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 authorization is hereby granted to apply to the NJ DEP for a Stormwater Management Grant for FY 2005.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

 

  1. RESOLUTION NO. 149-05 – AUTHORIZING CONTRACT WITH CONECTIV POWER DELIVERY – REMOVAL OF CONECTIV EQUIPMENT FROM TOWNSHIP PROPERTY – FORMER FORT APACHE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40A:11-5 authorizes a contract to be awarded by a Governing Body without public advertising for receipt of formal bids for services of an extraordinary unspecifiable service (N.J.S.A. 40A:11-5(1)(a)(ii)), and

WHEREAS, EUS are services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor, and

WHEREAS, such a service is required for the removal of electrical equipment belonging to Conectiv Power Delivery of Cape May Court House, therefore justifying said contract.

NOW THEREFORE BE IT RESOLVED, that the contract with Conective Power Delivery in the amount of $5,227.35 for the removal of Conectiv equipment from the Township property formally known as Fort Apache Campground is hereby approved.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 5227.35 has been bid for the following service or items removal of connective equipment.  It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: c-04-55-905-000-499.

PO# 2050946.

_________________________________________

Tracey DeVico Taverner, CFO

 

 

  1. RESOLUTION NO. 150-05 – AUTHORIZATION TO SIGN 2005-2006 ADMINISTRATIVE SERVICES AGREEMENT WITH BENEFIT SERVICES – 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 appropriate official be and hereby is authorized to sign the 2005-2006 Administrative Services Agreement with Benefit Services.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ (various) has been bid for the following service or items administrative services It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: (various)   .

PO# (various)  .

_________________________________________

Tracey L. Taverner, CFO

 

  1. RESOLUTION NO. 151-05 – CANCELLATION OF TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

Mr. Katity is eligible for this exemption as of January 1, 2005

ACCT #        BLOCK           LOT                   NAME/LOCATION               2005 taxes  1st 1/2        

2217

103

11

Katity, George e & Marjorie E

 

Property Location:  115 Aspen Drive

1759.19

 

 

  1. RESOLUTION 152-05 – REFUND OF 2005 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to 100% totally disabled American Veteran

As stated on the attached County Tax Board judgment Mr. Katity is eligible for this exemption as of January 1, 2005

ACCT               BLOCK            LOT         OWNER/LOCATION                  AMOUNT    ck#        

2217

103

11

Katity, George E & Marjorie E

115 Aspen Drive

Cape May Court House, NJ 08210

 

Property Location:  115 Aspen Drive

879.60

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 2005 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. 153-05 – TABULATION COMMITTEE  - 2004 CAPITAL IMPROVEMENT PROGRAM – CONTRACT NO. 1 – 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey that Township Clerk/Administrator James Alexis, Chief Finance Officer Tracey DeVico, Deputy Township Clerk Kimberly Tomkinson, Township Engineer Vincent Orlando, Public Works Superintendent Robert Hodges be and hereby are appointed to tabulate the bids to be taken on April 26, 2005 at 3:00pm in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

2004 CAPITAL IMPROVEMENT PROGRAM – CONTRACT NO. 1

THIRD AVENUE – PACIFIC AVENUE TO ATLANTIC AVENUE

RALEIGH STREET – PENNSYLVANIA AVENUE TO GEORGE STREET

LENA STREET – PENNSYLVANIA AVENUE TO VICK STREET

 

  1. RESOLUTION NO. 154-05 – RELEASE OF PERFORMANCE AND MAINTENANCE BOND – ACCEPTANCE OF ROAD – CENTENNIAL VILLAGE II (VICTORY DRIVE, CENTENNIAL DRIVE AND KIMBLE AVENUE – On motion by Committeemember Leusner          seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $161,272.80 is being held as a Performance Guarantee and $15,199.45 is being held as a maintenance bond for R & RD LLC. for site plan improvements at Block 1425.01, Lot 9-15, also known as Greenbriar, Rio Grande, and

WHEREAS, the Engineer for the Township of Middle has conducted his inspection and observation of the referenced area 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,

WHEREAS, the Engineer for the Township of Middle has also recommended that the roads be accepted and that the bonds be released, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond in the amount of $161,272.80, Maintenance Bond in the amount of $15,199.45(plus interest in the amount of $8,352.63, bringing the total of the release to $184,824.88) be and is hereby released, and Victory Drive, Centennial Drive and Kimble Avenue be and hereby is accepted into the Township road system for continuous maintenance.

 

  1. RESOLUTION NO. 155-05 – REDUCTION OF PERFORMANCE BOND – TIM & TOM LLC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $70,010.40 is being held as a performance guarantee of Tim & Tom LLC. for site improvements at Block 353, Lots 3, 4, 5, also known as 1032, 1034, 1036 Rte 9 North, Cape May Court House, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $21,158.50 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $48,851.90.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond No. 72000 82904 at Commerce Bank be and is hereby reduced to $48,851.90.

 

  1. RESOLUTION NO. 156-05 – AUTHORIZATION TO SIGN CHECKS – TAX TITLE LIEN ACCOUNT – TAX COLLECTOR’S OFFICE – DAWN PERDOMO – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township Committee of the Township of Middle deems it advisable to provide for the signing of Township Checks by another employee, in the absence of the Tax Collector, so that the business of the Township may continue, and

WHEREAS, the authority to sign checks may properly be given to an additional Township employee, under the statutes of the State of New Jersey.

NOW THEREFORE BE IT RESOLVED, that Dawn Perdomo, Tax Clerk in the Office of the Tax Collector, be and is hereby authorized, empowered and directed to execute a signature card bearing her true and accurate signature, and thereafter, to execute any and all manner of checks upon any account standing in the name of the Township of Middle, for the Tax Title Lien Account No. 980 020191 6, to the same extent that the Tax Collector of the Township of Middle has been authorized in the past to do.

 

  1. RESOLUTION NO. 157-05 – REFUND OF PAYMENT - SEWER CONNECTION FEE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Scott Peter and Becky Chamberlain have submitted a letter to the Middle Township Sewer Department requesting a refund in the amount of $1800.00 for their previous payment towards  Sewer Connection Fees associated with Block 392 Lot(s) 13, 14, otherwise known as 11 Colgate Street, Del Haven, and

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 $1800.00 sewer connection fee for Block 392 Lot(s) 13, 14.

 

  1. RESOLUTION NO. 158-05 – CLOSED SESSION – PENDING LITIGATION AND PERSONNEL MATTERS – 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: PENDING LITIGATION AND PERSONNEL MATTERS.

2.    The general nature of the subject matter to be discussed is as follows: PENDING

LITIGATION AND PERSONNEL MATTERS

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.

 

  1. RESOLUTION NO. 159-05 – APPROVE PAID LEAVE OF ABSENCE – CORPORAL RICHARD SITTINERI – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

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 a PAID Medical Leave of Absence with pay for Richard Sittineri (for a period not to exceed 60 days), is hereby approved.

 

  1. PUBLIC COMMENT:

 

Committeemember DeLanzo wanted to remind everyone of the Easter Egg Hunt at the Recreation Complex

 

Peggy Mathis – wanted to know the status regarding the horse on Johnstown Lane

 

Committeemember Leusner stated that he is expecting a report from Bill Candell, Animal Control Officer

 

Committeemember Leusner asked J. Alexis whether the SPCA should be contacted and also to remind Animal Control of the issue.

 

Vilma Pombo – asked the status of the revaluation?

 

J. Alexis – Tax maps sent to State and the Township is still waiting for a response. Should hear something by 3/31.

 

V. Pombo – once the maps are received, how long will the process take to start?

 

J. Alexis – within 30 days a company by the name of CLT will begin the process of the tax maps.

 

P. Mathis – informed the public and committee of the zero percent increase in School Tax. This means no class trips, cutting of teachers and other custodian employees. Not fair to children that they have to miss out. Can Committee approve a tax increase in the school budget?

 

J. Pickering – usually if voters reject the budget it is not due to an interest to increase the rate.

 

Mr. Sebastiane – questioned the status of paving on Pierces Point Road?

 

Vince Orlando – it is part of the Capital Improvement Project and will be bid at some point in time. Probably mid summer.

 

Mike Noctigal – asked about the status of his economic development loan for CMC Garden Market in Rio Grande.

 

J. Alexis – stated that his application has been reviewed by TRIAD and is available in Administration if Mr. Noctigal wishes to review it.

 

M. Noctigal – asked if other businesses in the area received loans due to the construction?

 

Committeemember DeLanzo – yes, around 7-8 businesses.

 

There being no other business, the meeting was adjourned at8pm:

 

                                                      __________________________________

                                                               James Alexis, Clerk