Cape May Court House, NJ

July 16, 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 DeLanzo, Committeemember Barry, Township Clerk James Alexis, Deputy Clerk Dawn Stimmel, Attorney Pickering, and Engineer Orlando.

1. ORDINANCE NO. 1260-07 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO SELL TOWNSHIP OWNED LAND TO THE NATURE CONSERVANCY - Following second reading, and consideration for adoption, Ordinance 1260-07 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office. Public Hearing was held April 16, 2007 in connection with the time frame as set forth in N.J.S.A. 13:18C, otherwise known as The Garden State Preservation Trust Act.

2. ORDINANCE NO. 1264-07 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER § 236-41 THEREOF, ENTITLED VEHICLES AND TRAFFIC SCHEDULE XIII “PARKING PROHIBITED AT ALL TIMES” - Following second reading, hearing, and consideration for adoption, Ordinance 1264-07 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.

3. ORDINANCE NO. 1265-07 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO AMEND CHAPTER 236-31 OF THE TOWNSHIP CODE REGARDING LEFT TURN PROHIBITIONS – Following second reading, hearing, and consideration for adoption, Ordinance 1265-07 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.

4. ORDINANCE NO. 1266-07 - AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE.- Following second reading, hearing, and consideration for adoption, Ordinance 1266-07 was adopted on motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

5. RESOLUTION NO. 313-07 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember DeLanzo seconded by Mayor Doughty 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 $ 16,193.92

Current Acct. $ 433,644.22

6. RESOLUTION NO. 314-07 – 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 July 2, 2007 are hereby approved.

7. REPORTS: The following reports have been received for the months indicated below: Tax Collector for the month of June; Municipal Court for the month of June;

8. RESOLUTION NO. 315-07 – OPPOSING ASSEMBLY BILL A-4393 – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, Assembly Bill A-4393 requires contracting units requesting bids for construction projects to advertise their projected cost estimate range and that the projected cost estimate range be attested to by the person preparing the advertisement for bid 120 days prior to bid opening date; and

WHEREAS, the Township of Middle feels that this bill is unnecessary legislation that will adversely impact an essential function of government and create an additional and unnecessary level of statutes; and

WHEREAS, the bill will affect full, fair and open competition among potential vendors and could unduly restrain Township Committee from rejecting all bids for any of the six (6) reasons currently under N.J.S.A. 40A:11-13.2; so

NOW, THEREFORE BE IT RESOLVED by the governing body of the Township of Middle, County of Cape May, State of New Jersey that this Resolution and opposition to Assembly Bill A-4393 be forwarded by the Township Clerk to Senator Nicholas Asselta and Assemblyman Jeffrey Van Drew and Nelson Albano showing its opposition to Assembly Bill A-4393.

9. RESOLUTION NO. 316-07 – RENEWAL OF GRAVEL PIT PERMITS – 2007 – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the several Gravel Pit Permit Renewal applications listed below have been found to be in proper form, and the fee paid in each case, and

WHEREAS, the Township Committee finds and concludes that the excavation and soil removal work originally authorized has been in continuous operation during the period of the permit and has been performed in accordance with the conditions under which the original permit was granted, and

WHEREAS, the Township Engineer undertook an inspection of the subject premises and has stated in his letter, “we recommend all licenses to be provided for this period”, and

NOW THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby renewed for the calendar year 2007 and this permit is subject to the rules and regulations as set forth in the code of the Township of Middle known as Chapter 132, further amended by Ordinance NO. 1255-07 (adopted April 2, 2007):

NO.	NAME OF LICENSE	BLOCK/LOT	ACREAGE	FEE
8	Gerald A. Barrett	472/93	79.94	600.
9	Gerald A. Barrett	472/32	7.54	600.

10. RESOLUTION NO. 317-07 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Barry 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.

11. RESOLUTION NO. 318-07 – INSERTION OF A SPECIAL ITEM OF REVENUE – ALCOHOL EDUCATION, REHABILITATION & ENFORCEMENT – On motion by Committeemember DeLanzo seconded by Mayor Doughty 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 2007 in the sum of:

Alcohol Education, Rehabilitation, & Enforcement -- FY 2007 -- $3,100.93

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

2007 Alcohol Education, Rehabilitation, & Enforcement -- FY 2007 -- $3,100.93

12. RESOLUTION – ENDORSING APPROVAL CERTIFICATE FOR USED MOTOR VEHICLE DEALER – On motion by seconded by and passed on roll call, the following resolution was adopted. -- *TABLED*

13. RESOLUTION NO. 319-07 – APPOINTMENTS – ETHICS BOARD – On motion by Mayor Doughty seconded by Committeemember Barry 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 persons be and are hereby appointed to the term of office opposite their name:

NAME	TERM AFFECTIVE	TERM EXPIRES
James McGill	07/16/2007	12/31/2008

*J. McGill filling the unexpired term of Philip Exley

14. RESOLUTION NO. 320-07 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – VINELAND FIREWORKS COMPANY INC. – FIREWORKS DISPLAY – NATIONAL NIGHT OUT AGAINST CRIME – On motion by Committeemember Barry 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 Vineland Fireworks Company, Inc. and the Township of Middle for the fireworks display at the August 7, 2007, Middle Township National Night Out Against Crime, be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

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 $2500.00 has been bid for the following service or items fireworks display It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: T-28-56-887-001-711; 7-01-25-240-240-299

PO# 2072587

15. RESOLUTION NO. 321-07 – RATIFING AGREEMENT BETWEEN THE TOWNSHIP OF MIDDLE AND AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

· To reproduce the work in copies or phonorecords;

· To prepare derivative works based upon the work;

· To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

· To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

· To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

· In the case of sound recordings^*, to perform the work publicly by means of a digital audio transmission.

WHEREAS, it has been deemed necessary for the Township of Middle, in connection with said law, to abide for use of any musical event or use of equipment that may produce sound as copyrighted, and

WHEREAS, unless permission is obtained, either from ASCAP or the individual members whose works are performed, each public performance of various artist, copyrighted compositions at government owned facilities and sponsored events are an infringement of copyright and a violation of federal statute.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that the agreement between the Township of Middle and American Society of Composers, Authors and Publishers (otherwise known as ASCAP) is hereby ratified with an effective date of January 1, 2007 through December 31, 2007.

FURTHER RESOLVED, that said agreement shall continue and is eligible to be renewed thereafter for additional terms of one year each.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $284.00 has been bid for the following service or items copyright. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: T-28-56-887-001-111. PO# 2072589.

16. RESOLUTION 322-07– CLOSED SESSION – PERSONNEL MATTERS – On motion by Committeemember DeLanzo seconded by Committeemember Barry 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: PERSONNEL MATTERS

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

17. RESOLUTION NO. 323-07 – SALARY ADJUSTMENT – RECREATION DEPARTMENT – On motion by Mayor Doughty 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, 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
Robert Matthews	Recreation	Recreation Leader / Sports	$35,359.00	07/01/2007

18. ORDINANCE NO. 1268-07 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, STATE OF NEW JEREY TO PURCHASE RIGHT OF WAY FOR RALEIGH AVENUE AND LENA STREET FROM ATLANTIC CITY ELECTRIC COMPANY - On motion by seconded by and passed on roll call, Ordinance No 1158-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/07/2004 at 6:00 p.m.

19. RESOLUTION 324-07 – EXTENTION OF DUE DATE – 3^RD QUARTER PROPERTY TAX

– On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, according to State Statute N.J.S.A. 54:4-67 tax bills must be mailed at least 25 days prior to delinquency date, and

WHEREAS, the 2007 tax bills will be mailed on or before July 13, 2007.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, that the grace period for paying 3^rd quarter 2007 taxes, without interest penalty, be extended to August 31, 2007.

20. PUBLIC COMMENT:

Ralph Schuman - where are the gravel pits located that were just approved on the agenda.

Vince Orlando - On Indian Trail just east of Route 47. They have been licensed for 20 years.

Ralph Schuman – they have been inactive. Area used to be a dump from the 30’s to the 50’s.

Vince Orlando – not landfills, but does not know that for a fact.

Ralph Schuman – has spoken with people who said people used to put trash there. There are no test wells.

Vince Orlando – no, there are no test wells…..gravel pits have been there since 1988.

Carol Matessich – are there pits at that site?

Vince Orlando – areas have been excavated.

Carol Mattessich – they are listed as active/inactive – are they excavating?

Vince Orlando – they have an active/inactive license. Maps have been received.

Carol Mattessich – Item 14-Contract Awarded – what does that mean?

Jim Pickering – Pay to Play Rules…..contracts under $17,500 can be given without going to bid.

Carol Mattessich – what is the closed session about tonight? Referred to Open Public Meetings Act.

Jim Pickering – staffing … that is all we have to say.

Ralph Schuman – stated gravel pit sites have threatened and endangered species on site. This is showing on the maps….Township should start looking at these maps…..they can’t keep bulldozing and destroying.

Carol Mattessich – Map is 1 of exhibits to Middle Township study done in 1988-the Natural Resource Inventory.

Vince Orlando – that study was done by the county not the municipality.

Betty McGurk – the new tax bills are affecting our senior citizens. Has been trying to help her aunt out, who has lived in her house for 78 years, has a disabled son living there, is on a fixed income, and cannot squeeze one more penny out of her income for the high tax increase she received. Many senior citizens will be displaced because they cannot meet the double tax increase. The Township should consider doing freezes on these taxes for our seniors. What kind of relief is out there for our seniors? Many of them were born and raised here and now may have to sell their homes because they cannot afford to pay the taxes….many of them are on fixed incomes and they cannot stretch their money any further….it is a big hardship for them.

Steve Barry – the State of New Jersey ordered this reval….we were required to reassess. They are trying to get everyone to pay their fair share. Some people were paying far less and some were paying far more. This was done so that everyone is paying their fair share. The system in New Jersey is a very bad system.

Jim Pickering – have you considered applying for property tax freeze?

Betty McGurk – Yes, we have considered applying for the property tax freeze, but it would be on the new amount and this still would not help the problem because her aunt’s income is limited and she still cannot pay the new amount. Something needs to be done to help our seniors. It is not only her aunt that is affected, it is all the seniors who have lived here all their lives.

Ruth Golly – Reeds Beach – her taxes have quadrupled. She has had her home since 1958 and does not want to loose it. She lives on social security. Her home was revaled at over $560,00. This is a trailer with an add on so she cannot even move the trailer. The lot is also deed restricted, meaning that once the house is gone, no one can build on that property again. She did get the taxes lowered by $50,000, but she still cannot afford to make the 1^st tax payment.

Ralph Schuman – every other house on Indian Trail is for sale….the property values have gone down since the reval…..house for sale on Indian Trail with 3,000 square feet…they are asking $215,000. Very low compared to what it was assessed for. People cannot get what their homes have been assessed for.

Peggy Mathis – for a house assessed at $285,000, bank will only give a mortgage for $275,000. Ryan Homes, before reval, was purchasing lots at $175,000, then went down to $165,000 and now are only paying $130,000.

Also wanted to know if anything could be done with the speed limit on Shunpike and School House Lane South.

Lois Schuman – there is a big tree in site triangle when turning south on Dr. Calloway’s property.

Mike McGurk – wanted to know what the Township has done to lower taxes.

Mayor Doughty – we have less employees doing more work.

Betty McGurk – she and her husband cannot afford health insurance, yet everyone at the Township has health insurance. She looks up at the podium and everyone up there has health insurance and pensions. No matter how they try to work the numbers, they cannot afford to pay $900 a month for health insurance and they have no pension. It is upsetting that Township employees have insurance and pensions and the rest of the residents, if self-employed, cannot afford it. That is one way we can cut taxes.

Mrs. Golly – asked who she could see about getting help with her taxes.

Jim Pickering – advised her to see Joe Ravitz, our Tax Assessor. She needs to make sure her assessment is correct. Problem in New Jersey is the way we finance education in the state.

James Sheehan – stated his land only went from $29,000 to $187,000 at Reeds Beach.

Betty McGurk – why can’t Middle Township do another reval next year since the property values have gone down so much. When the last reval was done, it was at the height of the real estate boom.

Jim Pickering – if a town’s ratio falls or increases 15%, then maybe another reval can be done.

Joe Ravitz – there has been very little loss of value – most people are not selling for less than they paid.

Sandy Thompson – what are you basing that on. There were only 2 sales. The properties located on the water had substantial increases. Our taxes went up $2100.

Joe Ravitz – there was a $50,000 reduction given by the County Tax Board.

Steve Barry – Mr. Ravitz’s job is to make sure properties are fairly assessed.

Sandy Thompson – how many houses are for sale? It is the Township’s job to hold down taxes.

Steve Barry – explained budget cuts based on 10%. Would be very miniscule-the residents would pay the direct price in loss of service…..police and public works are a big portion of the budget. If those were cut, there would be a substantial loss of services.

Jeff Thompson – who decided on the reval company?

Jim Pickering – the reval was put out to bid and the lowest responsible bidder was picked. That is the law. Mr. Alexis did it through cooperative bidding, which included other towns so that the price was kept lower. There are only 2 qualified reval companies in our area.

Jim Alexis – anyone who submitted a bid for this reval had to be a pre-qualified reval company.

Peggy Mathis – how much revenue in taxes is there for 2006? How much is expected for 2007? The Township should be cutting down, instead they hire Mike Voll at $12,000 a year to do recycling when there are people on the payroll that are supposed to already be doing that. Let’s create titles! The revenue went from $100,000 to $500,000.

Joe Jackson – the problem is assessment, not rates. It had been 63 cents per hundred, cut to 21 cents per hundred, then back up to 26 cents per hundred. You can actually reassess by computer to correct any inequities.

Mary Potea’ – already had 1 reval because of 2^nd story being added on. She lives in Reeds Beach and 5 to 6 times a month their road is completely under water…..if our taxes are this high, then we should have a road to be able to access our homes. We need improvements there, we have no sewer…no water.

Joe Jackson – what happens now…no recourse for 2007.

Joe Ravitz – You can still appeal, you have 45 days….can do a State Tax Appeal. If you are 65 or over, you can do the State Property Tax Relief Program. You pay your taxes and the state gives you credit. You must be a resident of NJ for 10 years and in the house for 3 years.

Steve Barry – need to go to the State Legislature for property tax reform.

Joe Ravitz – property tax questions can be directed to the State.

Joe Jackson – can access this through the State website.

There being no other business, the meeting was adjourned at 7:55pm:

__________________________________

James Alexis, Clerk