Cape May Court House, NJ

August 21, 2006 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, Deputy Clerk Kimberly Tomkinson, Deputy Clerk Dawn Stimmel, Attorney Pickering, and Engineer Orlando. Clerk/Administrator James Alexis was absent.

 

     

  1. RESOLUTION NO. 409-06 – APPOINTMENTS – NEW HIRE – POLICE OFFICER – 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 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

DEPARTMENT

TITLE

SALARY

EFF. DATE

Daniel Martin

Public Safety

Police Officer

26,520.00

08/28/2006

 

  1. EAGLE SCOUT PRESENTATION – BRIAN IACONO

 

  1. ORDINANCE NO. 1231-06 – AN ORDINANCE TO AMEND CHAPTER 25 ENTITLED HOUSING AUTHORITY AND FURTHERMORE CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING MIDDLE TOWNSHIP’S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT – Following second reading, hearing, and consideration for adoption, Ordinance1231-06 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Leusner                   and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1232-06 - AN ORDINANCE AMENDING CHAPTER 231 OF THE CODE OF THE TOWNSHIP OF MIDDLE REGARDING TRANSIENT RETAIL MERCHANTS - Following second reading, hearing, and consideration for adoption, Ordinance 1232-06 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.

*WITH MINOR AMENDMENT TO STATE THAT THIS ORDINANCE DOES NOT SUPERSEDE THE ZONING ORDINANCE.

 

  1. ORDINANCE NO. 1233-06 – ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 250 ARTICLE VIII OF ORDINANCES OF THE TOWNSHIP OF MIDDLE

Following second reading, hearing, and consideration for adoption, Ordinance 1233-06 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Leusner                   and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

*WITH MINOR AMENDMENT TO AS APPROVED AND SUGGESTED BY F. SCHMIDT

 

  1. ORDINANCE NO. 1234-06 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF THE TOWNSHIP OF MIDDLE, CHAPTER 46 SECTION 46-1 THEREOF, ENTITLED POLICE DEPARTMENT, ESTABLISHMENT AND ORGANIZATION - Following second reading, hearing, and consideration for adoption, Ordinance 1234-06 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1238-06 – AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1238-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 09/18/2006 at 6:00 p.m.

 

  1. RESOLUTION NO. 410-06 – 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             $  12,252.86     

                                    Current Acct.                             $  3,916,127.01

 

  1. RESOLUTION NO. 411-06 – 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 August 7, 2006 are hereby approved.

 

  1. REPORTS: The following departments have submitted their reports for the months indicated below: Municipal Court for the month of July;

 

  1. RESOLUTION NO. 412-06 – REDUCTION OF PERFORMANCE BOND – MOUNT OLIVE BAPTIST CHURCH – On motion by Mayor Doughty seconded by Committeemember DeLanzo                    and passed on roll call, the following resolution was adopted.

WHEREAS, $84,942.90 held as a performance guarantee of Mount Olive Baptist Church for site improvements at Block 294 Lot 18 and Block 295 Lots 1, 2, also known as 46 E Atlantic Ave, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $20,231.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $ 64,711.90

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement be and is hereby reduced to $64,711.90.

 

  1. RESOLUTION NO. 413-06 – REDUCTION OF PERFORMANCE BOND – BEAZER HOMES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $1,175,918.48 held as a performance guarantee of Beazer Homes for site improvements at Block 1436 Lot 19, also known as Rte 9 S, Rio Grande, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $91,779.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $ 1,084,139.48

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond with Fidelity and Deposit Company of Maryland be and is hereby reduced to $1,084,139.48.

 

  1. RESOLUTION NO. 414-06 – REDUCTION OF PERFORMANCE BOND – DF PARTNERS LLC – On motion by Committeemember Leusner seconded by Committeemember DeLanzo                    and passed on roll call, the following resolution was adopted.

WHEREAS, $135,360.00 held as a performance guarantee of DF Partners LLC c/o Frederick W. Schmidt Jr. for site improvements at Block 4.01 Lot 3.01, 3.03, also known as 11 Goshen Landing Rd, Goshen, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $91,550.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $ 43,810.00

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement with Boardwalk Bank be and is hereby reduced to $43,810.00.

 

  1. RESOLUTION NO. 415-06 – RELEASE OF PERFORMANCE BOND – AVALON COMMERCIAL REALTY LLC – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $248,503.20 held as a performance guarantee of Avalon Commercial Realty LLC for site improvements at Block 1447 Lot 10.01 and 10.02, also known as 1111 Rte 47 S, Rio Grande, 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 and interest 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 Tri-Party Allocation Category Agreement in the name of Avalon Commercial Realty LLC be and is hereby released.

 

  1. RESOLUTION NO. 416-06 – 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 Accounts as listed on the attached sheets shall be released.

 

  1. RESOLUTION NO. 417-06 – REDUCTION OF PERFORMANCE BOND – US HOME CORPORATION – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $7,132,351.20 held as a performance guarantee of us Home Corporation / Seaboard Village Development LLC for site improvements at Block 1432 Lot 6.01, also known as South Railroad Ave, Rio Grande, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $1,615,084.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $5,517,267.20

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond with Safeco Insurance Company of America be and is hereby reduced to $5,517,267.20.

 

  1. RESOLUTION NO. 418-06 – RELEASE OF PERFORMANCE BOND – FRANK CARPINO - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $21,652.80 held as a performance guarantee of Frank Carpino for site improvements at Block 12.01 Lot 45, 46, also known as Pinewood Estates, Swainton, 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 and interest 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 Subdivision Bond in the name of Frank Carpino be and is hereby released.

 

  1. RESOLUTION NO. 419-06 – RELEASE OF PERFORMANCE BOND – DANIEL FLYNN / BURGER KING  - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $4,130.12 held as a performance guarantee of Daniel Flynn for site improvements at Block 1509 Lot 13-24, also known as 1405 Rio Grande Blvd, 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 and interest 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 Cash Bond with Commerce Bank, Account No. 77601 00380 in the name of Daniel Flynn / Burger King be and is hereby released.

 

  1. RESOLUTION NO. 420-06 – AUTHORIZE MAYOR TO EXECUTE DISCHARGE OF MORTGAGE / ECONOMIC DEVELOPMENT LOAN – COUNTRY MOTEL ISHA HOSPITALITY – 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 Economic Development loan for Country Motel / Isha Hospitality hereby discharged.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Discharge of Mortgage.

 

  1. RESOLUTION NO. 421-06 – SALARIES 2006 – On motion by Committeemember Leusner           seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, salary ranges for officers and employees of this Township have been established by Ordinance No. 1238-06, and

WHEREAS, said Ordinance further provides that the exact salary of each officer and employee shall be as determined from time to time by resolution of the Township Committee.

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 attached schedule showing salaries and wages of the Township Employees shall constitute the salary resolution for year 2006, subject to such additions as may be made by resolution of the Township Committee during the year 2006.

Last

First

2006 Base

Long%

Long Amt

Total

Hodges

Robert

Administrative Director Public Works

53965

6.00%

3238

57203

Coco

Sharon

Alternate Deputy Registrar Vital Statistics

12.42

per hr

 

 

Candell

William

Animal Control Officer

43037

 

 

43037

Candell

William

Animal Cruelty Investigator

1

 

 

1

Simpkins

Elizabeth

Assessing Clerk

24920

 

0

24920

Penrose

Robert

Assistant Maintenance Supervisor

46575

 

0

46575

Amrose

Paul

Assistant Supervising Laborer

21120

 

0

21120

Mahan

Paul

Assistant Supervising Laborer

23906

 

0

23906

Smith

Andrew

Assistant Supervising Laborer

21925

 

0

21925

Barger

William

Assistant Supervising Mechanic

40948

6.00%

2457

43405

Steffen

Victoria

Attorney Zoning Board

16108

 

0

16108

Arndt

Donald

Building Inspector

34284

 

0

34284

Koochembere

Michael

Building Inspector P/T

6443

 

0

6443

Penrose

Robert

Building Inspector P/T

5175

 

0

5175

Everingham

William

Building Service Worker

22558

 

0

22558

Fairman

Thomas

Building Service Worker

20120

 

0

20120

Matthews

Leon

Building Service Worker P/T

9

per hr

 

 

Cropper

Allan

Carpenter/Truck Driver - Laborer

24194

 

0

24194

Ceglarski

Richard

Certified Public Works Manager

49680

 

0

49680

Taverner

Tracey

Chief Financial Officer

59711

4.00%

2388

62099

Bongiovanni

Robert

Clerk P/T

14.89

per hr

 

 

Campbell

Lisa

Clerk Typist

21654

 

0

21654

Davis

Lynne

Clerk Typist

19375

 

0

19375

Eisminger

Barbara

Clerk Typist

21638

 

0

21638

Fiore

Carol

Clerk Typist

19375

 

0

19375

Matthews

MaryKate

Clerk Typist

20102

 

0

20102

Sweitzer

Virginia

Clerk Typist

20102

 

0

20102

Weber

Joyce

Clerk Typist

19375

 

0

19375

Karstens

Kendra

Clerk Typist P/T

10.35

per hr

 

 

Amenhauser

James

Code Enforcement Officer

25513

 

0

25513

Back

Calvin

Code Enforcement Officer P/T

8729

 

0

8729

Candell

William

Code Enforcement Officer P/T

1

 

0

1

Neidig

Geroge

Conflict Attorney

2500

 

0

2500

Russ

LeeAnn

Coordinator of Computer Services

4000

 

0

4000

Cline

James

Crossing Guard

15956

 

0

15956

Evangelista

Joseph

Dep Mun Emergency Management Coord

1

 

0

1

Kalish

Elvira

Dep Mun Emergency Management Coord

1

 

0

1

McDevitt

Sean

Dep Mun Emergency Management Coord

1

 

0

1

Bond

Patricia

Deputy Municipal Court Administrator

38101

10.00%

3810

41911

Keen

Elizabeth

Deputy Municipal Court Administrator

31040

6.00%

1862

32902

Russ

LeeAnn

Deputy Tax Assessor

41985

8.00%

3359

45344

Meers

Kathleen

Director Community Development Program

1

 

0

1

Zarharchuck

Jill

Economic Dev/Paralegal/Rent Control Off

42953

 

0

42953

Mills

Thomas

Electric Subcode Official

26524

 

0

26524

Burke

Nancy

Emergency Medical Technician

23582

 

0

23582

Camp

Annmarie

Emergency Medical Technician

27311

4.00%

1092

28403

Klecz

Raym