SUBJECT TO REVISIONS

AGENDA

Cape May Court House, NJ

March 3, 2008 6:00 pm

REGULAR MEETING

 

 

FLAG SALUTE

THIS MEETING IS BEING RECORDED
 

 

  1. Ordinance No 1290-08 – To exceed the Municipal Budget appropriation limits and to establish a CAP BANK (N.J.S.A. 40A:4-45.14) Calendar Year 2008

 

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Township Committee of the Township of Middle in the County of Cape May finds it advisable and necessary to increase its CY 2008 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Township Committee hereby determines that a 1.0% increase in the budget for said year, amounting to $158,724.99 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Middle, in the County of Cape May, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2008 budget year, the final appropriations of the Township of Middle shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $555,537.47, and that the CY 2008 municipal budget for the Township of Middle be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

 

  1. An Ordinance No 1291-08 – An Ordinance vacating a portion of Vick Street and a portion of Wiley Street

 

BE IT ORDAINED by the Township Committee of the Township of Middle in the County of Cape May and the State of New Jersey as follows:

SECTION 1.     The public right, title and interest in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:

TRACT I - WILEY STREET BETWEEN BLOCKS 937 AND 940

All that certain tract or parcel of land, situate in the Township of Middle, County of Cape               May, State of New Jersey and being further described and bounded as follows:

 BEGINNING at the Northwest Corner of the lot identified as Block 940, Lot 2 which is also the Northeast Corner of the lot identified as Block 940, Lot 1, and extending thence;

Northwesterly along that line which is the boundary between Block 940, Lot 1 and Wiley Street a total of 150 feet to a point where Wiley Street dead-ends into a portion of that same Block 940, Lot 1; thence

Northeasterly along that line which is the boundary of Block 940, Lot 1 and Wiley Street 30 feet to the Block Limit of Block 937 and 940, thence continuing straight along that line which is the boundary of Block 937, Lot 1 and Wiley Street another 30 feet to a point where Wiley Street dead-end into a portion of that same lot Block 937, Lot 1; thence

Southeasterly along that line which is the boundary of Block 937, Lot 1 and Wiley Street a total of 150 feet; thence

Southwesterly a total of 60 feet across Wiley Street to the Place of Beginning,

forming a rectangle that is 150 feet long, and 60 feet wide, as shown on the Middle Township Tax Map, Sheet 15.03, prepared by Lewis H. Conley, Jr. with a latest revision date of December 2005, a portion of which is attached hereto for ease of reference.

TRACT II -           WILEY STREET AT THE INTERSECTION BETWEEN BLOCKS 936 and 939

All that certain tract or parcel of land, situate in the Township of Middle, County of Cape               May, State of New Jersey and being further described and bounded as follows:

 BEGINNING at the Southwest Corner of the lot identified as Block 936, Lot 8 which is also the Southeast Corner of the lot identified as Block 936, Lot 7, and extending thence;

Southeasterly along that line which is the boundary between Block 936, Lot 8 and Wiley Street 50 feet to a point where Wiley Street dead-ends into a portion of that same lot Block 936, Lot 8; thence

Southwesterly along that line which is the boundary between Block 936, Lot 8 and Wiley Street 30 feet to the northwest corner of Block 939.01, Lot 1, thence continuing straight along that line which is the boundary between Block 939.01, Lot 1 and Wiley Street another 30 feet to a point where Wiley Street dead-ends into the Southwest corner of Block 939.01, Lot 1; thence

Northwesterly along that line which is the boundary between Block 939, Lot 5 and Wiley Street a total of 50 feet; thence

Northeasterly a total of 60 feet across Wiley Street to the Place of Beginning,

forming a rectangle that is 50 feet long, and 60 feet wide, as shown on the Middle Township Tax Map, Sheet 15.03, prepared by Lewis H. Conley, Jr. with a latest revision date of December 2005, a portion of which is attached hereto for ease of reference.

TRACT III            -           VICK STREET BETWEEN BLOCKS 939 AND 940

All that certain tract or parcel of land, situate in the Township of Middle, County of Cape               May, State of New Jersey and being further described and bounded as follows:

BEGINNING at the Southwest Corner of the lot identified as Block 940, Lot 1 which is also the Northwest Corner of the lot identified as Block 940, Lot 9, and extending thence;

Northeasterly along that line which is the boundary between Block 940, Lot 1 and Vick Street 165 feet to a point where Vick Street dead-ends into a portion of that same lot Block 940, Lot 1; thence

Northwesterly along that line which is the boundary between Block 940, Lot 1 and Vick Street 30 feet to the southeast corner of Block 939.01, Lot 1, thence continuing straight along that line which is the boundary between Block 939.01, Lot 1 and Vick Street another 30 feet to a point where Vick Street dead-ends into the Southwest corner of Block 939.01, Lot 1; thence

Southwesterly along that line which is the boundary between Block 939, Lot 5 and Vick Street a total of 165 feet; thence

Southeasterly a total of 60 feet across Vick Street to the Place of Beginning,

forming a rectangle that is 165 feet long, and 60 feet wide, as shown on the Middle Township Tax Map, Sheet 15.03, prepared by Lewis H. Conley, Jr. with a latest revision date of December 2005, a portion of which is attached hereto for ease of reference.

SECTION 2.     The Township of Middle, for itself, its successors and assigns, reserves unto itself the right to construct, install, build, operate, maintain, use, repair, replace and relocate such public utilities and cable television facilities, within the described premises, which it may, at any time hereafter, deem necessary for the public health, safety, convenience and welfare, and the Township of Middle further reserves unto itself the right to use, maintain, repair, replace and relocate all existing utilities and cable television facilities owned or controlled by it located in, adjacent to, upon or through said land, and further reserves unto itself an easement over, under, through and across the portion of the land described as may be necessary or expedient for the purpose of maintaining, replacing, relocating, installing, leveling, constructing and repairing its utilities, mains and appurtenances, if any, wherever there exists a pipeline and appurtenances thereto beneath the surface of the aforesaid described land.  The Township of Middle further reserves for its benefit and the benefit of any utility or cable television company the right to

maintain, repair, and replace utilities or facilities installed by them in, adjacent to, over or through the aforesaid land.  All of the aforesaid rights shall be unaffected by this ordinance

 

  1. Ordinance No 1292-08 – Establishing the compensation of the Officers and Employees of the Township of Middle.

 

Amending Maintenance Supervisor Title and adding position as Project Manager

 

  1. Ordinance No 1293-08 – An Ordinance of the Township of Middle authorizing Real Property Tax Exemption and payments in lieu of taxes for property known as Block 1414.01 Lot 14 pursuant to the long term tax exemption law, N.J.S.A. 40A:20-1, Et Seq.

 

WHEREAS, the Diocese of Camden, 631 Market Street, 2nd Floor, Camden NJ 08102,  owns the property known as Block 1414.01 Lot 14 Township of Middle, Cape May County, New Jersey and plans to sell a portion of that Lot (the “Property”) to a nonprofit, single-asset corporation to be created for the purpose of constructing on the Property a low income senior citizen housing complexes, which will meet in part the Township’s obligation to provide low and moderate income housing in the Township; and

WHEREAS,  the Sponsors will form a nonprofit single asset corporation (the “Owner”) under laws of the State of New Jersey for the purpose of proceeding with the construction of the senior citizen housing development thereon; and

 

WHEREAS, the proposed development will be subject to the rules and regulations of the United States Department of Housing and Urban Development; and

WHEREAS, the Long Term Tax Exemption Law of New Jersey, N.J.S.A. 40A:20-1, et seq. permits a municipality to enter into a financial agreement exempting real property from tax assessment and accepting payments in lieu of taxes where the property is a qualified subsidized housing project for low and moderate income rental housing for senior citizens under the aforesaid statute

 

  1. Ordinance No 1294-08 – An Ordinance of the Township of Middle, County of Cape May, New Jersey, appropriating $1,074,255 for the Satt Boulevard Sanitary Sewer Project

 

There is hereby appropriated the sum of $1,074,255, which amount represents: (i) a grant received by the Township of Middle ("Township") from the County of Cape May, New Jersey, in the amount of $474,255; (ii) a Small Cities Block Grant from the State of New Jersey in the amount of $400,000; and (iii) a donation received from the Wal-Mart Corporation in the amount of $200,000, for the extension of sanitary sewer lines along Satt Boulevard in the Township, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto, all as further described in the information on file and available for inspection in the offices of the Township Clerk

 

  1. Resolution – Approving minutes for previous meeting

 

  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              $    15,364.47

                                    Current Acct.                             $    2,764,779.60

 

  1. Reports: The following department submitted their reports for the months indicated below:  January ~ Zoning Official, Municipal Clerk, Municipal Court, Police, Treasurer;  February ~ Zoning Official and Municipal Clerk

 

  1. Resolution – Refund of Taxes (Items A through B)

 

Refunding taxes for reasons as set forth on said resolutions: ex: Overpayment by mortgage company

 

  1. Resolution – Cancellation of Taxes

 

Cancelling taxes due to tax exemptions

 

  1. Resolution – Approval for Payment Terminal Leave (Items A through B)

 

A. WHEREAS, Patricia Bond has submitted her retirement forms with an effective date of February 1st, 2008, 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 months of March, July, October 2008, and 2009 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.

Patricia Bond

            Vacation Days                60                                                                     10,285.80

            Sick Days                     143                                                                     24,514.49

            Personal Days                  3                                                                         514.29

            Balance Due                                                                                           $35,314.58

March 14, 2008 pymt          17,000.00

July 3, 2008 pymt                 5,000.00

October 10, 2008 pymt     5,086.06

2009 pymt                           8,228.52

 

B. WHEREAS, Elaine Gregory has submitted her resignation with an effective date of February 6, 2008, and

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

            WHEREAS, final payment is requested to be made during the month of March, 2008, 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.

Elaine Gregory

            Vacation Hours   99.5                                                                              1,735.28

            Comp Hours                     1.5                                                                         26.16

            Personal Hours              3.5                                                                           61.04

            Balance Due                                                                                         $   1,822.48

 

  1. Resolution – Release of Trust Accounts

 

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

 

  1. Resolution – Transfer of Funds – Reserves

 

WHEREAS, it is legal and lawful to make budget transfers on and after the first day of November in any budget year,

NOW THEREFORE BE IS RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and the State of New Jersey, that the following transfers of budget appropriations be made in the budget of Middle Township for the year 2007:

From

 

 

Amount

 

To

 

Police S&W

 

 

 

Construction Interlocal

 

7-01-25-240-240-111

 

10,100

 

7-01-22-195-196-399

 

  1. Resolution – Emergency Temporary Budget Amendment

 

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2008 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  $2,129,794.92

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  $2,129,794.92. That said emergency temporary appropriation shall be provided for in the 2008 budget under the title of: 

See Attached List

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

 

GENERAL GOV.

 

 

 

 

8-01-20-100-100-

General Administration

S&W

 

 

10,000.00

 

 

OE

 

 

5,000.00

8-01-20-100-101-

Public Affairs

S&W

 

 

-6,000.00

 

 

OE

 

 

0.00

8-01-20-105-105-

Human Resources

S&W

 

 

5,000.00

 

 

OE

 

 

3,000.00

8-01-20-110-110-

Mayor & Committee

S&W

 

 

5,000.00

 

 

OE

 

 

0.00

8-01-20-120-120-

Municipal Clerk

S&W

 

 

10,000.00

 

 

OE

 

 

0.00

8-01-20-120-121-

Codification

OE

 

 

2,500.00

8-01-20-120-122-

Records Management

OE

 

 

2,800.00

8-01-20-130-130-

Financial Admin

S&W

 

 

10,000.00

 

 

OE

 

 

5,000.00

8-01-20-130-131-

Grants Admin

S&W

 

 

5,000.00

 

 

OE

 

 

15,000.00

8-01-20-130-132-

Bond Registrar

OE

 

 

0.00

8-01-20-135-135-

Audit Services

OE

 

 

10,000.00

8-01-20-145-145-

Tax Collector

S&W

 

 

10,000.00

 

 

OE

 

 

3,000.00

8-01-20-150-150-

Tax Assessor

S&W

 

 

10,000.00

 

 

OE

 

 

0.00

8-01-20-155-155-

Liquidation of TTL's

OE

 

 

0.00

8-01-20-155-156-

Legal Services

S&W

 

 

-21,000.00

 

 

OE

 

 

20,000.00

8-01-20-165-165-

Engineering Services

S&W

 

 

0.00

 

 

OE

 

 

20,000.00

8-01-21-180-180-

Planning Board

S&W

 

 

0.00

 

 

OE

 

 

0.00

8-01-21-185-185-

Zoning Board

S&W

 

 

10,000.00

 

 

OE

 

 

3,000.00

8-01-22-195-195-

Code Enforcement

S&W

 

 

2,000.00