SUBJECT TO REVISIONS

AGENDA

Cape May Court House, NJ

June 16, 2008 6:00 pm

REGULAR MEETING

 

 

FLAG SALUTE

THIS MEETING IS BEING RECORDED
 

 

  1. Ordinance No 1299-08 – Bond Ordinance authorizing various recreational improvements at the Clarence Georgiana Davis (Goshen) Sports Complex in the Township of Middle, County of Cape May, New Jersey; Appropriating the sum of $530,000 therefor; Authorizing the issuance of General Obligation Bonds or Bond Anticipation Notes of the Township of Middle, County of Cape May, New Jersey, in the aggregate principal amount of up to $503,500;  Making certain determinations and covenants; and authorizing certain related actions in connection with the foregoing

 

 

Purpose/Improvement

Estimated

Total Cost

Down Payment

Grants/
Aid

Amount of Obligations

Period of

Usefulness

 

Various Recreational Improvements at the Clarence Georgiana Davies (Goshen) Sports Complex, Including the Construction of a Street Hockey Rink, Field Lighting and Accessory Building, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto

$440,000

$22,000

$0

$418,000

15 years

Renovations and Improvements to the Maintenance Building at the Clarence Georgiana Davies (Goshen) Sports Complex, Including Restroom/Toilet Facilities, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto

90,000

4,500

0

85,500

15 years

 

  1. Resolution – Approve 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                          $  6,254.06

                                Current Acct.                             $  307,595.15

 

  1. Resolution – Approving Minutes for previous meeting

 

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 2, 2008 are hereby approved.

 

  1. Reports:  The following office have submitted reports for the months indicated below:  May ~ Construction Office, Tax Collector, Treasurer and Municipal Court;  2007 Tonnage Grant Report

 

  1. Resolution – 2008/2009 Hotel Motel License Approval

 

WHEREAS, the Township of Middle has established a Hotel / Motel License in connection with Ordinance NO. 1157-04, and

WHEREAS, a Hotel/Motel shall be defined for purposes in connection with this ordinance/license as a type of building or combination of buildings within the same complex having 4 or more rooms available for sleeping and lodging to the public for a fee, and

WHEREAS, prior to any person, operating a Hotel/Motel regulated by this ordinance, said person or entity must acquire an annual Hotel/Motel License from the Township Clerk by the 1st of July in each calendar year, and

WHEREAS, prior to the issuance or renewal of any annual Hotel/Motel License, the applicant for such license shall have made the payment of delinquent property taxes.  The Township of Middle retains the 

right of revocation or suspension for non-payment of property taxes when three (3) or more consecutive quarters are delinquent.

 

WHEREAS, the annual license fee to operate a Hotel/Motel within the Township of Middle shall be $350.00.

WHEREAS, said approval is contingent upon all applicable building, housing, health and safety codes and regulations as set forth by all appropriate local, county and state agencies, and as outlined in Chapter 222-22 of the Code of the Township of Middle, and

WHEREAS, The Township of Middle shall have the right to inspect the licensed premises and the owner/applicant shall provide for the inspection of licensed facilities.

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby authorized for the license year of 2008-2009:

Lic. #

Applicant

Tradename

Location

Sites

Fee

14

Marlee LLC

Marlee Motel

102 Greendale Drive

13 + House

$350.00

 

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – R & R Radar Inc

 

BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between R & R Radar, Inc. and the Township of Middle for maintenance service agreement 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.

FURTHER RESOLVED, that the term of this contract shall be from June 1, 2008 through May 31, 2009.

R & R Radar, Inc. – Radar Maintenance Service - $4,044.25

 

  1. Resolution – Amendment to incorrect Title – Luis Acevedo

 

WHEREAS, on August 6, 2007 Luis Acevedo was promoted to the title of Sewer Repairer, via Resolution 357-07, and

WHEREAS, at the Reorganization Meeting held January 7, 2008, and established as Resolution No. 10-08 Mr. Acevedo was inadvertently titled as a “Laborer” instead of his correct title “Sewer Repairer”.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the correct title for Luis Acevedo as of August 6, 2007 shall be “Sewer Repairer”.

 

  1. Resolution – Acknowledgement of Termination

 

Authorizing the termination of various Part Time EMT’s in which certifications have expired.

 

  1. Resolution – Appointments – Part Tim – New Hires (Replacements) – EMT

 

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 are hereby appointed to the following position at the salaries opposite their names:

NAME           DEPARTMENT     TITLE                         SALARY                    EFFECTIVE

Crystal Wimley

Public Safety

EMT P/T

$10.60 ph

06/03/2008

Patricia Brannon

Public Safety

EMT P/T

$10.60ph

06/03/2008*

Mark Demberger Jr.

Public Safety

EMT P/T

$10.60ph

06/03/2008*

Bruce Graham

Public Safety

EMT P/T

$10.60ph

06/03/2008*

* Provisional – not on list

 

  1. Resolution – Award Emergency Repair Contract – Stone Harbor Boulevard Pump Station No 1 – Deltronics Corporation

 

WHEREAS, 40A:11-6 provides for the negotiating and awarding of a contract without public advertising for bids when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services, and

WHEREAS, this contract is under the bid threshold but still exercises an emergency purchase.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following Emergency Repair contract has been approved:

Deltronics Corporation – Stone Harbor Boulevard Pump Station No 1 - $4,492.00

 

  1. Resolution – Release Performance Bond – Cape May Custom Marble

 

WHEREAS, $26,233.50 is being held as a Performance Guarantee for Cape May Custom Marble for improvements at Block 1414.01 Lot 40, otherwise known as 301 N. Railroad Avenue, 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

 

  1. Resolution – Release Performance Bond – S & P Rio Grande – Walgreens

 

WHEREAS, $10,000.00 is being held as a Performance Guarantee for S & P Rio Grande / Walgreens for improvements at Block 1468 Lot 1, 2, 3, otherwise known as Rte 9 South, 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

 

  1. Resolution – Release Performance Bond – D & S Mehl Enterprises LLC

 

WHEREAS, $10,500.00 is being held as a Performance Guarantee for D & S Mehl Enterprises LLC for improvements at Block 350 Lot 40, otherwise known as 1001 Route 9 South, 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

 

  1. Resolution – Release of Performance Bond – Edward C Wiseley Jr

 

WHEREAS, $3,335.75 is being held as a Performance Guarantee for Edward C. Wisely Jr. for improvements at Block 979 Lot 3-6, 7.01, otherwise known as 108 North Wildwood Blvd, Burleigh, 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

 

  1. Resolution – Release of Performance Bond – Frederick Langford

 

WHEREAS, $77,321.52 is being held as a Performance Guarantee for Frederick Langford for improvements at Block 335.01 Lot 5, otherwise known as Golf Club Road, 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

 

  1. Resolution – Reduction of Performance Bond – Nicole-Kirstie LLC

 

WHEREAS, $92,980.00 has been held as a performance guarantee of Nicole – Kirstie LLC. for site improvements at Block 348.01 Lot 38 otherwise known as Shunpike Road, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $54,480.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $38,500.00

 

  1. Resolution – Reduction of Performance Bond – Charles Lord

 

WHEREAS, $99,115.00 has been held as a performance guarantee of Charles Lord for site improvements at Block 11 Lot 4.01, 4.02 otherwise known as Brooks Ave, Swainton, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $36,965.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $62,150.00

 

  1. Resolution – Reduction of Performance Bond – Wal-Mart Stores Inc

 

WHEREAS, $1,073,272.95 has been held as a performance guarantee of Wal-Mart Stores Inc. for site improvements at Block 1435.03 Lot 17 otherwise known as Rte 9 South, Rio Grande, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $532,998.75 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $540,274.20

 

  1. Resolution – Renewal of Alcoholic Beverage Licenses

 

WHEREAS, certain licensees have filed for renewal of their Alcoholic Beverage License for one (1) year beginning July 1, 2008, and

WHEREAS, the said applications are in due and proper form with the fee of $600.00 for each Plenary Retail Consumption License; $600.00 for each Retail Distribution License; $150.00 for each Club License and no objection filed and all $200.00 State Filing Fees received and forwarded,

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, does hereby forward to the Division of Alcoholic Beverage Control an application for Atkinson’s Tavern 0506-33-009-007, with no objection, for a Plenary Retail Consumption License.    

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, does hereby issue to Cape May County Chapter #44 Disabled American Veterans, Inc. 0506-31-010-001 a Club License.

 

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Mattera's Liquor, 0506-44- 003-007, a Plenary Retail Distribution License.

BE IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by the Clerk if the Township of Middle in accordance with the rules and regulations of the State Department of Alcoholic Beverage Control and appropriate Ordinances of the Township of Middle.

 

  1. Resolution – Renewal Towing Licenses – 2008

 

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

7

Hi Tech Auto & Towing

1

XK970Y

2007 International

$450.00

$50.00

7

Hi Tech Auto & Towing

2

X5927N

1994 Ford F450

n/a

$50.00

7

Hi Tech Auto & Towing

3

X1612X

1990 Ford F450

n/a

$50.00

7

Hi Tech Auto & Towing

4

XF352B

1989 Ford F450

n/a

$50.00

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – Vargo Associates

 

BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Vargo Associates and the Township of Middle for land surveying services (Johnstown Lane, Seventh Street & Maryland Avenue, Steel Road) 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.

Vargo Associates -- Land Surveying Services (Johnstown Lane, Seventh Street & Maryland Avenue, Steel Road) -- $7,900.00

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – Joseph Kenney – 2008 Housing Rehabilitation – Lead Paint Risk Assessor

 

BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Joseph Kenney and the Township of Middle for Lead Paint Inspection Services 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.

Joseph Kenney – Lead Paint Risk Assessor – 2008 Housing Rehabilitation (Small Cities Grant/ Loan Program) – Not to Exceed $12,000.00

 

  1. Resolution – Approve Amusement Games for Annual 4-H Fair – CMC 4-H Foundation

 

WHEREAS, the Township of Middle, County of Cape May, and State of New Jersey contains a place where an Agricultural Fair and Exhibition organized for the purpose of holding Agricultural Fairs and Exhibitions which is approved by the State Department of Agriculture, and

WHEREAS, proper applications have been made to the Township of Middle, County of Cape May, State of New Jersey and the proper fees have been paid in the name of Cape May County 4-H Foundation.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey that the Amusement Games applicant is hereby licensed by the Township of Middle pursuant to the "Amusement Games Licensing Law" for the games mentioned in said applications for the period of July 17, 2008 through July 19, 2008 at the Cape May County 4-H Fairgrounds, Dennisville Rd. Cape May Court House, NJ.

 

  1. Resolution – To Participate in a Feasibility Study to form the South Jersey Health Insurance Fund

 

WHEREAS, the Township of Middle, hereinafter referred to as “MUNICIPALITY”, desires to secure contributory or non-contributory group health or group term life insurance on behalf of its employees in a matter that minimizes costs to taxpayers and enrollees; maximizes stability in the cost of financing these programs, and provides quality programs, and

WHEREAS, the MUNICIPALITY is aware of and has benefited from the success of existing joint insurance funds formed by municipalities in New Jersey for property and casualty insurances, and

WHEREAS, the MUNICIPALITY understands the need for a greater sharing of services in order to leverage economies of scale and produce cost savings for services provided, and

WHEREAS, the MUNICIPALITY desires to study the feasibility of forming a health insurance fund pursuant to Chapter 372, Laws of 1983 (N.J.S.A. 40A:10-36 et seq.) in order to seek cost savings in the areas of contributory or non-contributory group health or group term life insurance, and

WHEREAS, the MUNICIPALITY believes that the formation of the South Jersey Health Insurance Fund (SJHIF), hereinafter referred to as “FUND”, will provide the municipality and other area municipalities with the most efficient vehicle for providing contributory and non-contributory group health or group term life insurance including:

·         Hospitalization pursuant to N.J.S.A. 17B:17-4

·         Major Medical pursuant to N.J.S.A. 17B:17-4

·         Prescription Drug pursuant to N.J.S.A. 17B:17-4

·         Dental pursuant to N.J.S.A. 17B:17-4

·         Vision pursuant to N.J.S.A. 17B:17-4

·         Short Term Disability pursuant to N.J.S.A. 17B:17-4

·         Group Term Life pursuant to N.J.S.A. 17B:17-4

WHEREAS, there shall be no cost to the MUNICIPALITY for participating in the Feasibility Study other than the time to gather and submit complete underwriting data and participate in periodic pre-information meetings, and

WHEREAS, the Statutes and Administrative Code regulating the creation and establishment of a Health Insurance Fund contain certain elaborate safeguards concerning the safe and efficient administration of the public interest entrusted to such FUND, and

WHEREAS, the FUND’S Bylaws will provide for a high degree of member involvement, oversight and authority, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the MUNICIPALITY agrees to study the benefits of forming a Health Insurance Fund as defined and authorized in N.J.S.A. 40A:10-36 et seq. and N.J.A.C. 11:15-3.1 et seq., and

BE IT FURTHER RESOLVED, that the MUNICIPALITY does hereby direct its municipal representative to complete all necessary applications including the gathering of all necessary underwriting data that will allow all relevant analytical work to be performed which will aid the MUNICIPALITY in forming the FUND, and

BE IT FURTHER RESOLVED, the MUNICIPALITY is studying formation of the FUND with other area municipalities via this common resolution format and that the MUNICIPALITY’S ultimate decision to join the FUND will reflect a factual understanding of the Feasibility Study results which may be subject to change should an insufficient number of the original Feasibility Study participants elect not to participate in the final formation, in which case the offer may be materially altered, and

BE IT FURTHER RESOLVED, that the MUNICIPALITY is studying formation of the FUND with other area municipalities for an initial membership term of three years and understands said membership would be for contributory and non-contributory group health or group term life insurance underwritten by the FUND as listed earlier in this resolution and that the contribution (premium) offer from the FUND will be provided annually, and

BE IT FURTHER RESOLVED, that the MUNICIPALITY is authorizing the execution of this Feasibility Study resolution with the understanding that upon completion of the Feasibility Study the MUNICIPALITY may become a Charter Member of the FUND by formal affirming resolution contingent upon there being a sufficient number of Charter Members to assure that:

1.     The coverage’s offered, financial safeguards regarding specific and aggregate excess attachments and initial year’s contribution amount (premium), are acceptable to the MUNICIPALITY.

2.     A formal submission be made to the Departments of Banking and Insurance and Community Affairs resulting in the Departments of Banking and Insurance and Community Affairs issuing a formal approval for the formation of South Jersey Health Insurance Fund, and

BE IT FURTHER RESOLVED, that the MUNICIPALITY is authorizing the execution of this resolution to study the formation of the South Jersey Health Insurance Fund subject to the above contingencies and reserves the right to execute a subsequent affirming resolution following receipt of the Bylaws and Plan of Risk Management of the FUND.

 

  1. Resolution – Authorize Application – Federal “Commercial Equipment Direct Assistance Program (CEDAP)” Grant

 

Authorizing the Middle Township Police Department to apply for the Federal Commercial Equipment Direct Assistance Program also known as CEDAP.

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – Ford Scott and Associates LLC – Audit Host Community Benefits

 

BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Ford Scott & Associates L.L.C. and the Township of Middle for Audit Services (Host Community Benefits) 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.

Ford Scott & Associates L.L.C.  --   Audit Services (Host Community Benefits) – not to exceed $4,500.00

 

  1. Resolution – Authorize Application – New Jersey Department of Environmental Protection – Coastal Estuarine Land Conservation Program

 

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is hereby given to The Trust for Public Land to apply to the State of New Jersey Department of Environmental Protection, Coastal Estuarine Land Conservation Program, on behalf of the Township of Middle.

BE IT FURTHER RESOLVED, that Jill Zarharchuck shall be named as the Township Contact on said application, in order to formally submit any and all paperwork in connection therewith.

 

  1. Resolution – Opposing S-1137 which expands the scope of negotiations

 

WHEREAS, Governing bodies are concerned about their ability to manage their employees using methods in the most appropriate and efficient manner possible; and

WHEREAS, Governing bodies further believe that it is an employers’ right to hire, promote, transfer, assign or retain employees in positions deemed necessary and appropriate; and

WHEREAS,