Cape May Court House, NJ

April 2, 2007 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 Barry, Township Clerk James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando. Committeemember DeLanzo was absent.

PRESENTATION – NEW JERSEY AMERICAN WATER

5 MINUTE RECESS

1. ORDINANCE NO. 1253-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY – MARRIAGE / CIVIL UNION FEES AND CEREMONY – Following second reading, hearing, and consideration for adoption, Ordinance 1253-07 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

2. ORDINANCE NO. 1254-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO LEASE THE GRASSY SOUND FISHING PIER UPON CERTAIN TERMS AND TO PLACE SAID CONCESSION TO BID - Following second reading, hearing, and consideration for adoption, Ordinance 1254-07 was adopted on motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

R. Jackson - Terms?

Pickering – Ordinance to except bids in regard to terms.

Jackson – Fee? In Ordinance

H Spaulding – Insurance?

Pickering – Township continue and lessee with Township of Middle as additional insured.

Vilma Pombo – Buriers & Birding

Pickering – depends on bidder.

Mayor Doughty – Avalon Bridge no fees

R Jackson – list of rules NJ Fish and Wildlife.. who will govern?

Pickering – winning bidder is not police. Still contact NJ Fish and Wildlife

R. Sittineri – parking?

Pickering – Parking a problem. Lack of area. Not a requirement

S. Green – List of Bidders

3. ORDINANCE NO. 1255-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY STATE OF NEW JERSEY, AMENDING CHAPTER 132, EXCAVATIONS AND SOIL REMOVAL - Following second reading, hearing, and consideration for adoption, Ordinance 1255-07 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office. Mayor Doughty, Engineer Orlando and Solicitor Pickering stepped down during Public Hearing and Adoption. Mayor Doughty abstained

J. April for applicant- 3 part application.

1.Hearing last year with Zoning Board for Use Variance, affirmed by courts

2. Appear in front of Township Committee for transfer of license

3. Site plan approval Zoning Board

Engineer for Applicant – 253 site Detroit Ave dirt road non access. Zoning entrance abandoned next entrance Indian Trail.

ARIAL PHOTO (A2) site Goshen Road – existing site 124 acres – same operation.

April – Ord removing current operation and relocation to new site.

Engineer – yes, phased out and retired.

April – procedure to move?

Engineer – developed area – site living out usefulness.

April – Plan for Goshen Road site?

Engineer – reclamation – Homes and development completion of site will be restored. Goshen Road buffer only 100 ft… new site 200 ft of wooding. 10 feet buffer of enhanced landscaping 200 ft of natural buffing.

April – Albrecht & Heun good neighbor in Middle.

Engineer – no complaints. No violations

April – dust, odor?

Engineer – no odor, some dust handled by watering and spraying, truck covering.

April – Noise?

Engineer – natural truck traffic. Regulation by State restrictions plus buffer. No problem at Goshen site.

April- Class B hours of operation

Enginneer – 7-5 M-F, 8-2 Sat

April – Approvals?

Engineer – State, County approvals necessary. County overlooks site reclamation

April – State approval?

Engineer – Cafra, Letter of Interpretation, Class B Recycling Permit, Air quality permits, Stormwater Permit

April – traffic?

Engineer – discussed @ zoning and will again at planning. Study estimates 100 -200 trips to site.

April – discussed newspaper ad questions.

Mr. Michael Logan – Environmental Chemist/Engineer

April – mining action environmental impact?

Logan – no – operation site does require site management and practices ex: truck Tarping

April – contamination?

Logan – no

April to V. Heun – how long with company?

Heun – 18 years

April – complaints?

Heun – no

Committeemember Barry to Logan – Hazards Ricks

Logan – operations in good management practices.

Committeemember Barry – 30 ft mining

Logan – exposed water levels

Committeemember Barry – risk with ground water contamination into lake?

Logan – waters always exposed to ground effects

SB – fully mined – areas of lake

Logan – 100 acres

Committeemember DeLanzo – present site? Lake?

Logan – 200 ft

Committeemember DeLanzo – contamination @ current site?

Logan – none

Committeemember DeLanzo – years at current site?

Heun – 20 years

Ronald Jones – Old location hours of operation wrong… dredging ran 5pm to 10:30pm. Site work doubled within the last 3 months

P. Heun – high demand lately – dredge short period.

Joan Sanford – property across property – Mask on workers. Water to control dust w/ water control

April – water used for dust is water going back into ground

Edda Washington – water back in ground all residents have wells

Betty McGurk – gas tanks in ground

P. Heun – DEP no tanks

McGurk – asphalt recycling. Residents who oppose. Noise bad

G. Pennycook – clean record. Lives 200ft off road. Traffic MUA

Committeemember DeLanzo – 200 a day – Road Usage?

Rev Saddler – water test perfect?

Joe Fulford – more concerned with landfills then recycling plants. Owned gravel pit in 90’s. No complaints with trucking traffic. Speed Limit should be lowered though in that area. Albrecht & Heun an asset. MUA trucks are the problem.

Terri Brian – traffic speed limit

Joseph Hudson – wells / 30 ft depth

Peggy Mathis – 30ft depth – void Goshen area study

Carolyn Boyd – noise – lip in road – driveway too many trucks already

Sandy Thompson – 1 truck every 3 minutes. Roadway dust. Weight?

Wilson – wear on roadway

Carol Mattessich Ravitz – JMS communications testimony? PR Firm hired. Mr. April steps 1, 2, 3 logical. Original waver survey

J April – use variance vs site plan

Committeemember DeLanzo – Carol… fearful of site?

Mattessich- every step very serious. Why committee to get license when they haven’t yet defined use.

R. Jackson – Zoning Board – discard issues. Wants to see usage prior to approvals

Committeemember DeLanzo – water suppression of trucks. Ord site plan. Indian trail onsite contamination. Site plans docs submitted to public

Betty McGurk – wooded area – acres of trees removed and replanted

Dennis Roberts – Albrecht & Heun – service provided to community. In service for years. Traffic can be worked on… Taxes lost

R. Shuman- Old pit – no seeding and replantation

J. Ravitz – traffic, one business will follow the next, pride in ownership. Moving of site

CV – your opinion – cause a decrease in value?

Ravitz – no

H Spaulding – Value and Assessment

Carol Mattessich Ravitz – Nature Conservancy – low land, swamp environment.

McGurk – woods walked. Land unusable once dug out. What’s going happen after mining complete.

R. Jackson – not trying to chase out. Need full disclosure.

M. Flipski – development vs. current conditions. Removal of 100 acres of trees is an environmental impact. Due process.

Gloria Jackson – effects economic class. Negative impact goes to lower class areas. If committee lived on Indian Trail would you oppose? Values to go down.

4. ORDINANCE NO. 1261-07 – AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 121, ENTITLED DOGS AND OTHER ANIMALS - On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, Ordinance No 1261-07 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/07/2007 at 6:00 p.m.

5. RESOLUTION NO. 145-07 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember DeLanzo seconded by Committeemember Barry 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 $ 4323.10

Current Acct. $ 2,996,181.06

6. RESOLUTION NO. 146-07 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember DeLanzo Seconded by Committeemember Barry 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 19, 2007 are hereby approved.

7. REPORTS: The following reports have been received for the months indicated below: Construction Office for the month of March; Zoning Office for the month of March; Township Clerk for the month of March;

8. RESOLUTION NO. 147-07 – AUTHORIZE RELEASE OF UNUSED SEWER ESCROW FUNDS TO UTILITY OPERATING ACCOUNT On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Committeemember Barry Abstained

WHEREAS, Ordinance 778-91 of the Township of Middle allows for unused Sewer Escrow funds to be transferred to the General Utility Account

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof; that the following balances in the Sewer Escrow Account that have been inactive for more than 2 years be transferred to the General Utility Account.

Garden Homes Management 2,657.50

Wynndemere Court 231.17

Sunset Bay – Tomkins 5.31

1261 Associates 282.91

Cape Self Storage 2,300.35

Dave Hand 961.25

Grassy Sounds Village 978.36

Arby’s 2,200.00

Lord 825.00

Marino 825.00

Vlassop 825.00

Collins 825.00

Abbonizio 18,000.00

Unknown – Unidentified 7,273.53

9. RESOLUTION NO. 148-07 – APPROVAL FOR PAYMENT TERMINAL LEAVE – JAMES BARTLESON – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, James Bartleson has submitted his retirement forms with an effective date of March 1^st, 2007, and

WHEREAS, it is the policy of Middle Township to compensate retiring employees for accumulated sick, vacation, and personal time, and

WHEREAS, final payment is requested to be made during the month of April, 2007 and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time,

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 payment be issued to the employee in the amount referenced below.

James Bartleson

Vacation Hours 10 363.50

Sick Hours 4 145.40

Balance Due $ 508.90

10. RESOLUTION 149-07 – REFUND OF TAXES – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

REFUND DUE TO PROPERTY IS EXEMPT AS OF January 1, 2007 and the 1^st quarter was paid.

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

6832

466.01

39

Cape May County 955 Rte 47 S

1630.80

REFUND PAYABLE TO:

THE CONSERVATION FUND ATTN: DAISY PEREZ

1655 N FORT MEYER DRIVE ST 1300

ARLINGTON, VA 22209-3199

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 2007

taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

11. RESOLUTION NO. 150-07 – SALARY ADJUSTMENT – On motion by Committeemember DeLanzo seconded by Committeemember Barry 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 salaries will be amended to the amount opposite their name:

NAME	DEPARTMENT / TITLE	SALARY	EFF. DATE
Marilyn Miller	Recreation Attendant / Senior Center	$22,614.00	01/01/2007

12. RESOLUTION NO. 151-07 – MIDDLE TOWNSHIP “SPRING” FREE YARD SALE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle currently allows for two (2) residential yard sales, via application, as well as the Annual Free Yard Sale which coincides with the Wings and Water Festival, and

WHEREAS, the Township would also like to sponsor a “Spring” free yard sale to be held Saturday, May 26, 2007, to allow residents to sell unwanted items without having to pay a fee to the Township, and

WHEREAS, the Township further hopes that these yard sales will promote commerce and tourism within the township.

NOW, THEREFORE BE IT RESOLVED, that Township Committee in the Township of Middle, County of Cape May, does hereby authorize a free yard sale to be held Saturday May 26, 2007 in the Township of Middle

13. RESOLUTION NO. 152-07 – AUTHORIZING RETURN FROM MILITARY LEAVE – JOHN EDWARDS – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee of the Township of Middle that Jay Gaskill is hereby authorized to return to work in the Department of Public Safety as a Police Sergeant from Military Leave effective March 21, 2007.

14. RESOLUTION 153-07 – AUTHORIZING RIO GRANDE RESCUE SQUAD TO SOLICIT FUNDS IN THE ROADWAYS OF THE TOWNSHIP OF MIDDLE – On motion by Committeemember DeLanzo Seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, Ordinance 1009-98 permits application made to the Township of Middle by charitable organizations to solicit funds in the roadway of the Township of Middle, and

WHEREAS, Rio Grande Rescue Squad has submitted an application to the Municipal Clerk Office, and

WHEREAS, the dates and times of the charitable solicitation are listed within the written application submitted by the Rio Grande Rescue Squad and attached to this Resolution, and

WHEREAS, the Chief of Police of the Township of Middle has reviewed the application of the Rio Grande Rescue Squad and has determined that there is no public safety reason for the Township of Middle to deny this application,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, hereby grants permission for the Rio Grande Rescue Squad to solicit funds on the roadways of Middle Township.

15. RESOLUTION 154-07 – TOWING LICENSES – 2007 – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the several Towing license renewal applications listed below have been found to be in proper form, and the fees paid in each case.

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby renewed for the calendar year of 2007:

License#	Truck#	Tradename	License Plate Number	Truck Make/ Model	Fee	Sticker Fee Paid
5	1	Gary Farrow	X68-J24	2000 Ford Rollback	$350.00	$25.00
5	2	Gary Farrow	X20-B53	1994 3500 hd Chevy Rollback	$0.00	$25.00

16. RESOLUTION NO. 155-07 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF CLUB INC. – POLICE CHIEF GOLF TOURNAMENT – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wildwood Golf Club has applied for approval to sell alcoholic beverages at a Golf Tournament to be held at Wildwood Golf Club Inc., 1170 Golf Club Road, CMCH, on May 9, 2007 from 12:00 p.m. to 10:00 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.

17. RESOLUTION NO. 156-07 – RELEASE OF PERFORMANCE BOND – ACCEPTANCE OF ROAD – EAGLE’S WAY – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, $82,214.00 is being held as a Performance Guarantee for Peter Atkinson for site plan improvements at Block 12.01, Lot 42.05, 42.06, also known as Eagles Way, Swainton, 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, a two- year maintenance bond has been posted with the beginning date of June 19, 2006, and

WHEREAS, the Engineer for the Township of Middle has also recommended that the road be accepted and that the performance bond 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 $82,214.00 be and is hereby released, and Eagle’s Way be and hereby is accepted into the Township road system for continuous maintenance.

18. RESOLUTION NO. 157-07 – RELEASE OF PERFORMANCE BOND – KELLY TALLIO DDS – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, $8,760.00 is being held as a performance guarantee for Kelly Tallio DDS for site improvements at Block 1425.01 Lot 1, also known as 1013 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 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 Irrevocable Letter of Credit in the amount of $8,760.00 is hereby released.

19. RESOLUTION NO. 158-07 – EMERGENCY TEMPORARY BUDGET AMENDMENT – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2007 temporary appropriations for the aforesaid purpose; and NJSA 40A:4-20 provides for the creation of an emergency appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted pursuant to the provisions of Chapter 96 PL 1951 (NJSA 40A:4-20) including this resolution total $3,523242.72.

NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with NJSA 40A:4-20

1. An emergency temporary appropriation be and the same is hereby made in the amount of $1,031,400.00 That said emergency temporary appropriation shall be provided for in the 2007 budget under the title of:

See Attached List

2. That one certified copy of this resolution be filed with the Director of Local Government Services.

GENERAL GOV.
Administrative & Executive	S&W	01-20-100-100-111
	OE