SUBJECT TO REVISIONS

AGENDA

Cape May Court House, NJ

July 21, 2008 6:00 pm

REGULAR MEETING

 

 

FLAG SALUTE

THIS MEETING IS BEING RECORDED
 

 

  1. Ordinance No 1301-08 – An Ordinance to amend the Code of the Township of Middle, Chapter 236 Section 49 Schedule XXI Thereof, entitled Vehicles and Traffic “Handicapped Parking”

 

SECTION 1. Section 236-49 of the Code of the Township of Middle is hereby supplemented by the addition of the following:

NAME OF STREET                      SIDE                 LOCATION

Boyd Street                                West             Adjacent to Municipal Building (aka Township

Hall) between Mechanic Street and Hand Avenue, beginning at a point 155 feet south of the southerly curb line of Mechanic Street and extending 22 feet north

 

  1. Ordinance No 1302-08 – An Ordinance to amend the Code of the Township of Middle, Chapter 236 Section 49 Schedule XXI, Section A, Thereof, entitled Vehicles and Traffic “Handicapped Parking”

 

SECTION 1. Section 236-49 of the Code of the Township of Middle is hereby supplemented by the addition of the following:

NAME OF STREET                      SIDE                 LOCATION

Boyd Street                                East              Adjacent to Municipal Building (aka Township

Hall) in the municipal parking lot between State of New Jersey Highway Route 9 and Boyd Street beginning at a point 258 feet east of the easterly curb line of Boyd Street and establishing a center point for dual van accessibility handicapped parking.

 

Location of the center point of the handicapped parking spaces is approximately 157 feet from the southerly line of Mechanic Street to the center point, then extending to a point 22 feet south.

 

  1. Ordinance No 1303-08 – An Ordinance of the Township of Middle, County of Cape May, State of New Jersey, appropriating $25,000 from the Capital Improvement Fund for the completion of a Dog Park.

 

Second reading, public hearing and consideration for Adoption will be held on 08/18/08 at 6:00 pm

Section 1. There is hereby appropriated from the Capital Improvement Fund the sum of $25,000 for

the completion of a dog park.

Section 2. It is hereby determined and stated that the improvement set forth in Section 1. is a general

capital improvement and is not a current expense.

Section 3. The capital budget is hereby amended to conform with the provisions of this ordinance to

the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board

showing full detail of the amended capital budget and capital program as approved by the Director of the

Division of Local Government Services, is on file with the Township Clerk and available for inspection.

Section 4. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the

extent of such inconsistency.

Section 5. This ordinance shall take effect after final adoption and publication as required by law.

 

  1. Ordinance No 1304-08 – Ordinance of the Township of Middle, County of Cape May, New Jersey canceling certain funded appropriation balances heretofore provided for Capital Improvements and reappropriating such funded appropriation balances for other Capital Projects

 

Second reading, public hearing and consideration for adoption will be held on 08/18/2008 at 6:00 p.m.

BE IT ORDAINED by the Township Committee of the Township of Middle, County of Cape May, New

Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the

provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended

and supplemented ("Local Bond Law"), as follows:

Section 1. The following appropriations remaining as balances in the following Bond Ordinance

(collectively, the "Ordinance") heretofore adopted by the Township of Middle, County of Cape May, New

Jersey ("Township"), are hereby cancelled:

Ordinance

Amount of Funded

Appropriation to be Cancelled

Amount of Unfunded

Appropriation to be Cancelled

A. 1126-03, Section C $125,000 $0.00

Section 2. The sum of $125,000, which represents the funded appropriation cancelled in Section 1

hereof, is hereby reappropriated from the Ordinance for the Acquisition of a Telephone Communications

System.

Section 3. The period of usefulness of the purposes referred to in Section 2, within the limitations of the

Local Bond Law and according to the reasonable life thereof, is not less than seven (7) years.

Section 4. The Capital Budget is hereby amended to conform with the provisions of this ordinance to

the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board

showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the

Division of Local Government Services, is on file with the Township Clerk and available for inspection.

Section 5. The improvements authorized hereby are not current expenses and are general

improvements that the Township may lawfully make. No part of the cost of the improvements authorized

hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 6. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the

extent of such inconsistency.

Section 7. This ordinance shall take effect twenty (20) days after the first publication thereof after final

passage.

 

  1. Resolution – Approving payment for all bills

 

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              $ 12,427.77      

                                    Current Acct.                             $ 489,354.34

 

  1. Resolution – Approving minutes for previous meeting

 

  1. Reports:  The following departments have submitted reports for the months indicated below:  June ~ Treasurer and Municipal Court

 

  1. Resolution – Capital Budget Amendment

 

WHEREAS, the local capital budget for the year 2008 was adopted on the 9th of April, 2008, and

WHEREAS, it is desired to amend said adopted capital budget section.

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 amendment to the capital budget section of 2008 be made.

     (see attached list: Capital Budget Amendment )

 

  1. Resolution – Approve Application – Over the Limit Under Arrest Statewide Impaired Driving Crackdown

 

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day and almost 18,000 people each year; and

WHEREAS, 34% of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that authorization to apply for the “Over the Limit Under Arrest Statewide Impaired Driving Crackdown”, in the amount of $5,000.00 be and is hereby approved.

FURTHER RESOLVED, that Police Lieutenant Paul Fritsch is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

 

  1. Resolution – Approval of Additional Driver Permits – Vendor License No. 8 / Summer Daze Ice Cream

 

WHEREAS, the following Company has applied to the Township of Middle for a license to operate an Ice Cream Truck(s) within the confines of the Township of Middle,

WHEREAS, the company now wishes to add additional drivers under said license, and

WHEREAS, this company is in good standing with the Township of Middle and has followed all of the rules and regulations as set forth.

WHEREAS, all regulations and applications have been met and further review by the Police Department show no reason why permits may not be issued.

NOW, THEREFORE BE IT RESOLVED, that each of the following permits are hereby approved to be added as follows:

DRIVER                         PERMIT TYPE                            EFFECTIVE

Michael Flannery
  1. Child Safe Vendor Permit
  2. Motorized Vendor Driver Permit

7/21/2008

 

 

  1. Resolution – Release of Trust Accounts

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – H & L Systems Inc – Tax Office Software and Maintenance

 

H & L Systems – Tax Office Software & Maintenance -- $4500.00

 

  1. Resolution – Tabulation Committee – Street Hockey Rink – Clarence and Georgiana Davies Sports Complex – Contract No 12

 

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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey Taverner, and Engineer Vincent Orlando be and hereby are appointed to tabulate the bids to be taken on Wednesday, August 13, 2008 at 3:00 PM in the Middle Township Municipal Building, 2ND Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

STREET HOCKEY RINK – CLARENCE AND GEORGIANA DAVIES SPORTS COMPLEX – CONTRACT NO. 11

 

  1. Resolution – Tabulation Committee – Street Hockey Rink Lighting – Clarence and Georgiana Davies Sports Complex – Contract No 12

 

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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey Taverner, and Engineer Vincent Orlando be and hereby are appointed to tabulate the bids to be taken on Wednesday, August 13, 2008 at 3:30 PM in the Middle Township Municipal Building, 2ND Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

STREET HOCKEY RINK LIGHTING – CLARENCE AND GEORGIANA DAVIES SPORTS COMPLEX – CONTRACT NO. 12

 

  1. Resolution – Amend Crafter Fees – Annual Harvest Festival

 

WHEREAS, it is in the best interest of the Township of Middle to establish a structured fee schedule for crafters for the annual Harvest Festival, and

WHEREAS, said fees should be established via resolution.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that it has been deemed necessary for the Township to charge the following fees for crafters for the annual Harvest Festival:

PREVIOUS                                 AMENDED AMOUNT DUE

$50.00                                                  $65.00

 

  1. Resolution – Approve Application for Raffle License – Bishop Mc Hugh Regional Catholic School PTA

 

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night November 8, 2008 at the location of 2221 Rte 9 N, CMCH, is hereby approved.

 

  1. Resolution – Renewal – Towing Licenses – 2008

 

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 2008:

License#

Tradename

Truck #

License Plate Number

Truck Make/ Model

Fee

Sticker Fee Paid

1

C & E Towing

1

XN734E

1996 Ford F 800 Rollback

$450.00

$50.00

1

C & E Towing

2

XN735E

2001 Ford F650

n/a

$50.00

1

C & E Towing

3

XN821E

1971 Autocar Wrecker

n/a

$50.00

1

C & E Towing

4

XN903E

2007 F 650 Pro Loader

n/a

$50.00

 

 

 

 

 

 

 

 

 

 

 

 

  1. Resolution – Authorization to close a portion of Hirst Avenue for neighborhood Block Party

 

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is hereby given to close a portion of Hirst Avenue on August 31, 2008 from 9:00am to 8:00pm for a neighborhood block party.

 

  1. Resolution – Authorization to close a portion of Benny’s Landing Road for neighborhood Block Party

 

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is hereby given to close a portion of Benny’s Landing Road on August 16, 2008 from 5:30pm to midnight for a neighborhood Luau party.

 

  1. Resolution – Approve Temporary Housing Trailer – Antrobus

 

WHEREAS, Mr. & Mrs. Antrobus of 265 Stagecoach Road, otherwise known as Block 165.01 Lot 125,  has requested permission to place a temporary travel trailer at said residence during the assembly and construction of a modular home on the premise, and

NOW THEREFORE BE IT RESOLVED, that authorization for placement of a temporary travel trailer is hereby granted by the Township Committee, the governing body of the Township of Middle, at the location of Block 165.01 Lot 125, otherwise known as 265 Stagecoach Road.

FURTHER RESOLVED, that the trailer may remain for a six (6) month time period effective July 21, 2008.

 

  1. Resolution – Authorizing Application – Municipal Alliance Grant 2009

 

WHEREAS, the Township Committee of the Township of Middle, County of Cape May, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages, and

WHEREAS, the Township Committee further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community, and

WHEREAS, the Township Committee has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Cape May.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey hereby recognizes the following:

1.       The Township Committee does hereby authorize submission of an application for the Township of Middle Municipal Alliance grant for calendar year 2009 in the amount of $13,749.00.

2.       The Township Committee acknowledges the terms and conditions for administering the Municipal Alliance grant including the administrative compliance and audit requirements.

 

  1. Resolution – Authorize Signing of Community Acknowledgement Form – FEMA Flood Hazard Area Map

 

WHEREAS, K. Hovnanian Companies, Northeast Inc. (herinafter “Hovnanian”), a Corporation which owns certain real property within the Township of Middle, submitted a Letter of Map Revision Based on Fill (hereinafter “LOMR-F”) requesting that the Township of Middle agree to a revision of the Federal Emergency Management Agency (FEMA) Flood Hazard Area Map; and,

WHEREAS, the LOMR-F was forwarded to the Municipal Engineer, Vincent C. Orlando, C.L.A., P.E., who advised the Township Committee of the Township of Middle that the area in question is no longer in the flood hazard area; and,

WHEREAS, the Township of Middle is required to sign a Community Acknowledgment form drafted by FEMA to make said revision.

 

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

1.  The Township Committee of the Township of Middle, based upon the recommendation of the Municipal Engineer, finds that due to the legal placement of fill on the site in question, a portion of the site is no longer located in the flood hazard area delineated in the FEMA Flood Hazard Area Map.

2.  The Township Engineer of the Township of Middle is hereby authorized to sign the Community Acknowledgment form, which shall revise the FEMA Flood Hazard Area Map to reflect the requested revisions.

3.  All other resolutions in conflict or inconsistent with this Resolution are hereby repealed, to the extent of such conflict or inconsistency.

4.  Should any part or parts of this Resolution be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.

5.  This Resolution shall take effect immediately.

WHEREAS, K. Hovnanian Companies, Northeast Inc. (herinafter “Hovnanian”), a Corporation which owns certain real property within the Township of Middle, submitted a Letter of Map Revision Based on Fill (hereinafter “LOMR-F”) requesting that the Township of Middle agree to a revision of the Federal Emergency Management Agency (FEMA) Flood Hazard Area Map; and,

WHEREAS, the LOMR-F was forwarded to the Municipal Engineer, Vincent C. Orlando, C.L.A., P.E., who advised the Township Committee of the Township of Middle that the area in question is no longer in the flood hazard area; and,

WHEREAS, the Township of Middle is required to sign a Community Acknowledgment form drafted by FEMA to make said revision.

 

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

1.  The Township Committee of the Township of Middle, based upon the recommendation of the Municipal Engineer, finds that due to the legal placement of fill on the site in question, a portion of the site is no longer located in the flood hazard area delineated in the FEMA Flood Hazard Area Map.

2.  The Township Engineer of the Township of Middle is hereby authorized to sign the Community Acknowledgment form, which shall revise the FEMA Flood Hazard Area Map to reflect the requested revisions.

3.  All other resolutions in conflict or inconsistent with this Resolution are hereby repealed, to the extent of such conflict or inconsistency.

4.  Should any part or parts of this Resolution be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.

5.  This Resolution shall take effect immediately.

 

  1. Resolution – Renewal Of Gravel Pit Permits – 2008

 

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, “certification is currently recommended” for the following licensees, and

 NOW THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby renewed for the calendar year 2008 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

4

Siegtown Partners, LLC.

98

2

600.

6

Albrecht & Heun

94/19.02

57.5

600.

7

Albrecht & Heun

94/19.01

94/20

41.03

31.4

600.

11

Albrecht & Heun

95.03/21

42.64

600.

FURTHER RESOLVED, that the above licenses be issued upon the conditions set forth by the Township Engineer in the letters attached to each license and as outlined in the code of the Township of Middle.

 

  1.  Resolution – CLOSED SESSION – Matters of Potential and Pending Litigation (Township vs Carpino)

 

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 it is of the opinion that such circumstances presently exist.

 

  1. Resolution – CLOSED SESSION – Personnel Matters / Administrator Position

 

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 it is of the opinion that such circumstances presently exist.

 

  1. Resolution – CLOSED SESSION – Matters of Potential and Pending Litigation (2) (Heun vs Ravitz/Township of Middle)

 

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 it is of the opinion that such circumstances presently exist.

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – Phoenix Advisors LLC – Refunding Analysis and Financial Advisor

 

Phoenix Advisors LLC. – Refunding Analysis and Financial Advisor - $12,500.00

 

  1. Resolution – Supporting New Jersey American Water’s plan to interconnect the Upper Township Water Distribution System with the Middle Township Water Distribution System

 

WHEREAS, the Interconnection Project will connect the water distribution systems of Middle and Upper Township and involves installing nearly 10 miles of new water main starting on Route 9 going north from Avalon Boulevard to Kings Highway in the Township; and

WHEREAS, the Interconnection Project will benefit the residents of the Township by providing additional water supplies to the area, extending fire protection to new areas and will allow New Jersey American the flexibility to supply water in the Township with greater reliability; and

WHEREAS, the Interconnection Project would provide the Township with a sustainable water supply that supports the economic development, public health needs, and future growth of the Township; and

WHEREAS, the State of New Jersey encourages water utilities to interconnect their distribution systems wherever possible to increase efficiencies and reliability;

 

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the Middle Township Committee supports New Jersey American Water’s proposed improvements to the distribution system and requests that Cape May County approve and issue all permits that are necessary for the Interconnection Project in a timely manner so as not to delay the project.

 

  1. Resolution – Approve Tonnage Grant 2007

 

WHEREAS, the Mandatory Source separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs, and

WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs, and

WHEREAS, the New Jersey Department of Environmental Protection and Energy is promulgating recycling regulations to implement the Mandatory source Separation and Recycling Act, and

WHEREAS, the recycling regulations impose municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality, and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and indicate the assent of the Middle Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations, and

WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Township committee of the Township of middle that the Township of Middle does hereby endorse the submission of a Municipal Recycling Tonnage Grant Application to the New jersey Department of Environmental Protection and Energy, office of Recycling and designates James Alexis, Municipal Recycling coordinator to ensure that the said Application is properly filed; and

FURTHER RESOLVED, that the moneys received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

WHEREAS, the Mandatory Source separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs, and

WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs, and

WHEREAS, the New Jersey Department of Environmental Protection and Energy is promulgating recycling regulations to implement the Mandatory source Separation and Recycling Act, and

WHEREAS, the recycling regulations impose municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality, and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and indicate the assent of the Middle Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations, and

WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Township committee of the Township of middle that the Township of Middle does hereby endorse the submission of a Municipal Recycling Tonnage Grant Application to the New jersey Department of Environmental Protection and Energy, office of Recycling and designates James Alexis, Municipal Recycling coordinator to ensure that the said Application is properly filed; and

FURTHER RESOLVED, that the moneys received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

 

  1. Resolution – Outlining employees eligible for Defined Contribution Retirement Program N.J.S. 43:15C-1 ET SEQ

 

WHEREAS, the State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials; and,

WHEREAS, N.J.S. 43:15C-2 requires the governing body of each county, municipality, and other local

entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are

substantially similar in nature to the advice and consent of the Senate for appointments by the Governor

of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the

Department of Community Affairs, and for which officials appointed to such positions shall be eligible

for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of

law; and,

WHEREAS the Township Committee of the Township of Middle has considered the guidelines issues by

the Local Finance Board;

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County

of Cape May, that:

1. Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and may if the

individual filling this position chooses to do, participate in the Defined Contribution Retirement

Program, if that individual does not participate in the PERS: