Cape May Court House, NJ

July 3, 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, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

 

  1. ORDINANCE NO. 1226-06 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 91 ENTITLED BIKEWAYS - Following second reading, hearing, and consideration for adoption, Ordinance 1226-06 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. 1227-06 – TO AMEND CHAPTER 236-31 OF THE TOWNSHIP CODE REGARDING LEFT TURN PROHIBITIONS - Following second reading, hearing, and consideration for adoption, Ordinance 1227-06 was adopted on motion by                        seconded by                   and passed on roll call. Complete Ordinance is on file in the Clerk’s Office. – Tabled … Public Hearing held. Adoption rescheduled for 7/17/2006

 

  1. ORDINANCE NO. 1228-06 – APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL FUND FOR THE ACQUISITION OF RESCUE VEHICLE – Following second reading, hearing, and consideration for adoption, Ordinance 1228-06 was adopted on motion by Committeemember DeLanzo seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1230-06 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE,

     ESTABLISHING RULES AND REGULATIONS OF SKATEBOARD PARK - On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, Ordinance No 1230-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 08/07/2006 at 6:00 p.m.  Violation fees established as $50.00 - 100.00

 

  1. RESOLUTION NO. 319-06 – 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             $  1,115.70       

                                    Current Acct.                             $   2, 769, 731.36

 

  1. RESOLUTION NO. 320-06 – 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 June 19, 2006 are hereby approved.

 

  1. REPORTS: The following departments have submitted their reports for the months indicated below: Treasure’s Office for the month of May; Tax Collector for the month of June; Clerk for the month of June; Construction for the month of June; Police for the month of May; Zoning for the month of June;

 

  1. RESOLUTION NO. 321-06 – REDUCTION 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. Mayor Doughty Abstained

WHEREAS, $317,218.80 is being held as a performance guarantee of Ros Len Builders for site improvements at Block 473, Lot 19.01 (previous 34.05), also known as 1426 Burleigh Road, Green Creek, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $234,883.00 have been completed, and

 

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $82,335.80.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the New Jersey Subdivision / Site Plan Bond with Lexon Insurance Company be and is hereby reduced to $82,335.80

 

  1. RESOLUTION no. 322-06 – AUTHORIZING MAYOR TO SIGN TREATMENT WORKS APPLICATION – CAPE MAY COUNTY 4-H FAIRGROUNDS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Statements of Consent by Governing Body and Certification by Wastewater Conveyance System Owner are a portion of the documents that this resolution authorizes the mayor to sign on behalf of the governing body of the Township of Middle.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the mayor is hereby authorized to sign treatment works application for the Cape May County 4-H Fairgrounds.

 

  1. RESOLUTION NO. 323-06 – APPROVE TRANSIENT MERCHANT PERMIT – RIO GRANDE VOLUNTEER FIRE DEPARTMENT / COLE BROS. CIRCUS INC. – On motion by Committeemember Leusner  seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Chapter 231-1 of the code of the Township of Middle authorizes the licensing of a traveling show or circus within the confines of the Township of Middle, and

WHEREAS, Rio Grande Volunteer Fire Department, Sponsor of Cole Bros. Circus Inc., has applied to the Township of Middle to hold a Tented Circus on August 28th and 29th, 2006, and

WHEREAS, by way of application, Rio Grande Volunteer Fire Department and/or Cole Bros. Circus Inc. has requested the use of the Robert “OckieWisting (former Fort Apache Campground), now Township owned property, and

WHEREAS, they have met all of the application requirements by supplying the necessary fees and insurance certificate information, and

WHEREAS, Rio Grande Volunteer Fire Company has been designated as the sponsor for said circus and described on the submitted “Hold Harmless Agreement” presented by Cole Bros. Circus Inc.

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 Cole Bros. Circus Inc. to hold a circus at the location of the Robert “OckieWisting (former Fort Apache Campground) on August 28th and 29th, 2006 in compliance with the rules and regulations set forth by the Code of the Township of Middle.

 

  1. RESOLUTION NO. 324-06 THROUGH 332-06 – DUPLICATE TAX SALE CERTIFICATE (ITEMS A THROUGH I) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

 

  1. RESOLUTION NO. 333-06 THROUGH 334-06 – SOCIAL AFFAIRS PERMIT – THE WETLANDS INSTITUTE (ITEMS A THROUGH B) – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

(A) 333-06  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 15, 2006 from 6 pm to 9:00 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.

(B) 334-06 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 15, 2006 from 5 pm to 10:00 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. 335-06 – 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

Michael Gabrys

Sewer Dept / Laborer

06/30/2006

 

  1. RESOLUTION NO. 336-06 – RESOLUTION ESTABLISHING: 1.   FAIR AND OPEN PROCESS FOR CONTRACTS 2.  CRITERIA TO BE CONSIDERED IN AWARDING CONTRACTS; AND 3.  POSITIONS FOR WHICH PROPOSALS SHALL BE SOLICITED – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township Committee has previously this year established a Fair and Open Process by which the Township requests proposals and qualifications, and considers and awards contracts, and listed criteria for the awarding of same, in Resolution number 100-06; and

 

WHEREAS, from time to time contracts need to be awarded in accordance with that process;

 

NOW THEREFORE BE IT RESOLVED,  by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that:

                   1.  THE FAIR AND OPEN PROCESS

                   A.  In accordance with the Fair and open process previously approved in Resolution number 100-06, the following dates shall apply:

1.                A request for proposals and qualifications shall be publicly advertised on the Township of Middle’s internet website beginning on July 5, 2006 and continuing on the website through July 6, 2006;

2.                The Township shall accept proposals until 1:00pm on July 28, 2006.

3.                Proposals shall be in a sealed envelope addressed to:

James Alexis

Clerk - Township of Middle

33 Mechanic Street

Cape May Court House, NJ 08210

The envelope shall also state the name of the person or entity submitting the proposal and the position for which the proposal is submitted. 

4.                The envelope shall contain one original and three copies of the proposal.

5.                     The proposal shall include (this is mandatory) at a minimum, a   statement of the following:

A.                Qualifications and Experience of person or entity specifically with regard to the position sought

B.                Scope of Services proposed to be provided

C.                Contact Information, including name, address, phone number, email address

D.                Fee Proposal

E.                Office Staffing Plan and Resources 

F.                Location of Office from which services shall be provided

G.               References

H.                Potential Conflicts

6.                On July 28, 2006 at 1:00pm, James Alexis shall open each of the proposals and shall announce the proposals received by name, and a short summary of the proposal and qualifications.

7.                The proposals shall be submitted to Township Committee for consideration at its meeting on August 7, 2006 at 6:00 pm at which time Township Committee may award a contract by approving a resolution, or, it may choose to award at the next regularly scheduled Township Committee meeting.  If a majority votes to seek interviews, interviews may be held between Township Committee and the person or entity that submitted proposals.  Township Committee may send proposals to Township Board’s or Agency’s for consideration and approval as is appropriate.

2.                CRITERIA BY WHICH REQUESTS FOR PROPOSALS AND QUALIFICATIONS SHALL BE EVALUATED

Criteria were established in Township Resolution number 100-06.

III.                 REQUEST FOR PROPOSALS AND QUALIFICATIONS ARE SOUGHT FOR THE FOLLOWING POSITIONS

1.          Rest Room design in existing storage building – Clarence Davies Sports Complex

2.          Design of 508 sq ft area for commercial space attached to Martin Luther King Center

 

  1. RESOLUTION 337-06 – AUTHORIZING THE EXECUTION OF GRANT AGREEMENT –DIVISION OF ARCHIVES AND RECORDS MANAGEMENT – PARIS GRANT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Governing Body of the Township of Middle received notice from the New Jersey Department of State, Division of Archives and Records Management and the State Records Committee of its eligibility to receive a PARIS Grant for the completion of a needs assessment and strategic plan in the amount for $39,988.00, and

WHEREAS, the New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (PARIS) grant program to meet the strategic records, management, preservation, and storage needs of county and municipal governments.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey does hereby accept the Paris grants totaling $39,988.00 for grant programs to meet the strategic records management, preservation, and storage need of the Township of Middle.

BE IT FURTHER RESOLVED, that the designated Paris Grants Project Manager be, and hereby is, authorized to execute a Grant Agreement with the New Jersey Department of State, Division of Archives and Records Management and the State Records Committee on behalf of the Township of Middle, and upon execution of said Agreement, the Township of Middle does accept the Terms and Conditions specified in the Agreement in connection with this grant.

 

FURTHER RESOLVED, that James Alexis, Township Clerk/Business Administrator is hereby named as PARIS Grant Project Manager.

 

  1. RESOLUTION NO. 338-06 – STATEMENT OF SUPPORT FOR THE CLEAN OCEAN ZONE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the New York/New Jersey Bight is defined as the waters from Montauk Point, New York, to Cape May, New Jersey, offshore to the outer edge of the Continental Shelf (out to 100 miles), and consists of over 19,000 square miles of Atlantic Ocean; and

WHEREAS, the physical, hydrodynamic, and biological characteristics of the NY/NJ Bight are unique in the world as more than 300 species of fish, nearly 350 species of birds, 7 species of sea turtles, and many marine mammals such as 10 species of whales and several species of seals and porpoises frequent this region.  The NY/NJ Bight also serves as an essential migratory pathway for these species; and

WHEREAS, this ecological richness depends on protecting the quality of the environment; and

WHEREAS, the NY/NJ Bight also sustains the economy of the region through its bounty of natural resources and intrinsic values for millions of people through tourism, as well as being host to the nation’s largest east coast global port and its thousands of related industries; and

WHEREAS, recreational and commercial fisheries provide enormous economic benefits both in food production and recreational activities, the continued use of these renewable natural resources in accordance with existing laws must be supported and enhanced; and

WHEREAS, our waters were known as the “Ocean Dumping Capitol of the World” due to eight ocean dumpsites, including an area called the “dead sea” (a 20-mile area created by excessive sewage and toxic muck dumping); had beaches littered with garbage, medical waste, and sludge balls; and suffered from water quality so poor that it was unsafe for swimming.  These activities all caused an ecological and economic crisis; and

WHEREAS, organizations, businesses, and citizens rallying to defend these precious resources and working to improve and protect the waters of the NY/NJ Bight, resulted in an end to ocean dumping and dramatically improved water quality, proving that citizens can make a difference to assure their quality of life; and

WHEREAS, the NY/NJ Bight is downstream of, and receives pollution from, the most densely populated, industrialized, and urbanized area in the country which spews millions of gallons of contaminated wastewater and toxic sediments into the ecosystem each year and threatens the vast ecological richness of the Bight, and public health through beach closures and fish consumption advisories; and

WHEREAS, currently, the NY/NJ Bight continues to be vulnerable to sources of pollution and threats to habitat on a permit-by-permit basis, which is often risky, unproductive, and not sustainable.  These destructive activities undermine the ecological and economic potentialities to sustain living marine resources in the NY/NJ Bight and must be prohibited; and

WHEREAS, current laws and regulations are insufficient to protect the vast value of this ocean region and its living marine resources from polluting and habitat destructive activities, elected officials must strive harder to protect the NY/NJ Bight; and

WHEREAS, it is time to lock-in the tremendous path of progress which has led to far-reaching improvements in our ocean water quality and lock-out environmentally harmful activities, thereby ensuring the continued protection of the ocean today and for future generations; and

            WHEREAS, a logical and essential next step is to use federal and state regulatory and legislative opportunities to designate the NY/NJ Bight as the “Clean Ocean Zone (COZ),” which will:

            Reduce Pollution:

1.       Prohibit new ocean dumpsites.

2.       Mandate capping of the Historic Area Remediation Site (HARS) -- formerly the Mud Dump         Site -- with “clean material.”  “Clean material” is defined as being as clean as the sediments found on the ocean floor outside HARS and that protects against adverse ecological effects.  Ensure implementation of environmentally sound alternatives for managing dredged material to help keep harbor channels safe for navigation. 

3.       Prohibit new point sources of pollution and increases of discharge capacity (e.g., wastewater discharge outfalls, industrial discharges).  Encourage environmentally protective beneficial reuse of wastewater.

4.       Reduce pollution from stormwater and sediments.

Protect Marine Ecosystems:

5.       Prohibit the permanent extraction (e.g. strip-mining) of natural non-renewable resources, including sand and gravel.

6.       Prohibit industrial and non-renewable energy facilities and infrastructure, including oil and gas exploration and development.

7.       Require the development of responsible regulations for renewable energy sources.

Support marine resources:

8.       Support recreational and commercial fishing by acknowledging that federal and state laws for fisheries exist. Prohibit the COZ legislation from being used to adopt or enact fisheries management actions.  The COZ legislation shall not be used to restrict or limit recreational or commercial fishing.

9.       Support federal and state approved artificial reefs, and allow underwater research and exploration, but not projects that will adversely affect the ecosystem.

10.   Support, celebrate, and sustain maritime activities that depend on a healthy and clean ocean such as: boating, underwater diving, fishing, surfing, swimming, and the enjoyment of the sea. The COZ legislation will not be used to restrict or limit these activities.  

 

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey hereby supports the Clean Ocean Zone that would permanently protect the waters of the New York/New Jersey Bight from the aforementioned polluting and habitat-destructive activities, thereby safeguarding the waters in this region for present and future generations. 

 

  1. RESOLUTION NO. 339-06 – CLOSED SESSION – MATTERS OF PERSONNEL – 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: 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.

 

  1. RESOLUTION NO. 340-06 – REDUCTION OF PERFORMANCE BOND – K. HOVNANIAN SHORE ACQUISITIONS (PHASE II) – REDUCTION NO. 2 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $712,698.50 is being held as a performance guarantee of K. Hovnanian for site improvements at Block 114, Lot 6.02, 7-9, 10.01-10.04, 11.01, 12 & 13, also known as Avalon Country Club, Rte 9 North, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $81,484.12 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $631,214.35.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Surety Bond with Fidelity & Deposit Company of Maryland be and is hereby reduced to $631,214.35

 

  1. RESOLUTION NO. 341-06 – REDUCTION OF PERFORMANCE BOND – K. HOVNANIAN SHORE ACQUISITIONS – (PHASE I) – REDUCTION NO. 3 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $411,083.06 is being held as a performance guarantee of K. Hovnanian for site improvements at Block 114, Lot 6.02, 7-9, 10.01-10.04, 11.01, 12 & 13, also known as Avalon Country Club, Rte 9 North, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $8,777.81 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $402,305.25.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Surety Bond with The Continental Insurance Co. be and is hereby reduced to $402,305.25.

 

  1. RESOLUTION NO. 342-06 – APPOINTMENT – P/T SENIOR CENTER – 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

TITLE

SALARY

EFF. DATE

Leola Francis

P/T Senior Center Attendant

$12.23ph

05/30/2006

 

  1. PUBLIC COMMENT

Committeemember Leusner – attended All star game at Clarence Davies. Received lots of complements on the field.  Asked J. Alexis about White pipe along bike path …..

 

J. Alexis – unsure. Having meeting with D. Foster.  Will ask him then.

 

Committeemember DeLanzo – Fourth of July celebration beginning at 3pm.

 

V. Pombo - #9?

 

J. Alexis – CMC 4H sewer line tie in.

 

There being no other business, the meeting was adjourned at: 6:45pm

 

                                                                        __________________________________

                                                                                    James Alexis, Clerk