SUBJECT TO REVISIONS

AGENDA

Cape May Court House, NJ

March 17, 2008 6:00 pm

REGULAR MEETING

 

 

FLAG SALUTE

THIS MEETING IS BEING RECORDED
 

 

   

 

  1. Ordinance No 1295-08 – An Ordinance to amend the Code of the Township of Middle, Chapter 211, Section 3 thereof, entitled Establishing Rules and Regulations of Skateboard park

 

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

Local Ordinance Section 211-3 shall be amended as follows:

211-3 RULES, SUBSECTION I

I. This facility is for skateboard and in-line skating only, except that bicycles, including but not limited to “BMX” bicycles, are permitted as follows:

·         Fall / Spring Season (November 3rd through June 1st)

Monday, Wednesday and Saturday 4:00pm til 9:00pm

·         Summer Season (June 2nd through November 2nd)

Monday, Wednesday and Saturday 3:00 p.m. til 9:00pm

 

  1. Resolution – Approving minutes from 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              $  8,580.13 

                                    Current Acct.                             $  721,622.43

 

  1. Reports:  The following departments submitted their reports for the months indicated below:  February ~ Construction Official, Tax Collector, Municipal Court and Treasurer

 

  1. Resolution – Supporting Senate concurrent Resolution No 50 proposing a Constitutional Amendment to Establish Annual State Appropriations Cap

 

WHEREAS, Senate Concurrent Resolution No. 50 proposes an amendment to Article VIII, Section II of the Constitution of the State of New Jersey; and

WHEREAS, Concurrent Resolution No. 50, as sponsored by Senator Jeff Van Drew, states that fiscal year spending in excess of the appropriated amount shall not exceed a total four percent (4%) of the prior year appropriation; and

WHEREAS,  said resolution further states that the appropriations shall be displayed as line item appropriations, designating a specific amount of money for a particular purpose and not by means of general language committing funds in an unspecified, conditional or contingent amount for any purpose; and

WHEREAS,  the Township of Middle hereby supports Senate Concurrent Resolution No. 50 and moves for the amendment to be submitted to the people on the ballot to be used at the next general election

 

  1. Resolution – Authorizing options to Tax Maps in GIS Project

 

WHEREAS,  Resolution 98-04, dated February 2, 2004, was adopted by the Township Committee of the Township of Middle awarding a contract to Van Note Harvey Associates to prepare a base tax map for the Township of Middle with a price not to exceed $342,993.00; and

WHEREAS, the total contract, including options, was not to exceed $540,000.00; and

WHEREAS,  it has been deemed desirable to authorize that Van Note Harvey prepare and deliver to the Township of Middle Options #3, #4, #5 and #6 of their proposal and contract awarded by the Township of Middle; and

WHEREAS, it is in the best interest of the Township of Middle to continue on with this project with Van Note Harvey Associates to maintain a consistency in the base tax map of the Township of Middle and the additional optional overlays that the Township of Middle maintains very important and beneficial to the Township of Middle; and

WHEREAS,  Van Note Harvey Associates will deliver the completed Options #3, #4, #5 and #6 to the Township of Middle prior to June 15, 2008; so

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that this Resolution be forwarded to Van Note Harvey Associates and that they prepare and deliver to the Township of Middle Options #3, #4, #5 and #6;

BE IT FURTHER RESOLVED  that this award is conditioned upon certification of funds:

Van Note Harvey – Tax Map Options NO. 3, 4, 5, 6 -- $60,500.00

 

  1. Resolution – Refund of Taxes

 

Refund due to overpayment made by Mortgage Company

 

  1. Resolution – Amending Municipal Engineer Contract

 

WHEREAS,  through Resolution #100-06 adopted by the Township Committee of the Township of Middle on March 6, 2006 authorizing a Contract with Vincent C. Orlando, Engineering Design Associates, P.A.; and

WHEREAS, the Contract adopted had a fee schedule for rates for Principal Engineer, Project Engineer, Professional Planner, Project Technician, Environmental Specialist, Drafts Person, AutoCadd Technician, Administrative Assistant, Clerical (other than overhead functions), Inspector (Level One), Inspector (Level Two) and a clause relating to the annual salary to be paid to Vincent C. Orlando for Engineering Services for the Township of Middle; and

WHEREAS,  the State of New Jersey has adopted legislation that reclassifies Vincent C. Orlando of Engineering Design Associates from an employee of the Township of Middle to a Professional License to do business as a Municipal Engineer within the State of New Jersey; and

WHEREAS,  the reclassification of the Middle Township Municipal Engineer requires an Amendment to the Contract between Engineering Design Associates, Vincent C. Orlando and the Township of Middle in order to bring the Contract terms and conditions into conformance with State Statutes; so

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that the fee proposal submitted by Engineering Design Associates be hereby approved and amend the Contract which shall expire December 31, 2008.

Vincent Orlando/ Engineering Design Associates – Municipal Engineer – Not to exceed $50,000.00

 

  1. Resolution – Opposing the failure of the Governor’s proposed State of New Jersey Budget for 2008-2009 Fiscal year to treat Property Tax Relief as a priority

 

WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State’s next Fiscal Year, which begins on July 1; and

WHEREAS, the proposal, which represents what the Governor called “many unpleasant choices,” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the State Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with the inordinately deep cuts in municipal property tax relief funding; and

WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens’ Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more than their fair share of the funding burden; and

WHEREAS, local officials have done so much with so little for so long, that State Budget-makers now believe some can do everything with absolutely nothing; and

WHEREAS, municipal property tax relief will be slashed by $189.6 million; and

WHEREAS, for municipalities with a population of less than 5,000, there will be no CMPTRA funding this year; for municipalities with a population total between 5,000 and 10,000, this relief will be limited to one-half of the amount received in the State’s 2006-2007 budget; and the $32.6 million distributed according to the CMPTRA formula, which municipalities received last year as 2008 Municipal Property Tax Assistance, is gone; and

WHEREAS, all municipalities will receive level Energy Tax Receipts Property Tax Relief funding, despite State Law that ‘requires’ annual inflationary adjustments of this (and CMPTRA) funding; and

WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in this proposal, this funding has been eliminated; and

WHEREAS, last year’s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to $32.3 million, and the $8 million Regional Efficiency Aid Program will not be funded; and

WHEREAS, beyond these cuts, certain municipalities served by the State Police will be asked to contribute $20 million to the State’s General Fund, and Homestead Rebates for Homeowners will be cut by $257 million, and for Renters by $124 million; and

NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, State of New Jersey calls on its elected representatives in Trenton, Senator Van Drew and Assembly members Albano and Milam, to work with their colleagues in the Legislature and with the Governor to take affirmative action to restore program funding sufficient to honor state statutes and their stated commitment to the cause of property tax relief in all New Jersey municipalities.

 

  1. Resolution – In support of Assembly Bill No 1913 removing appropriations for Gypsy Moth Suppression from the Municipal Expenditure Cap

 

WHEREAS, the Township of Middle has experienced significant defoliation due to gypsy moth infestation, and

WHEREAS, it is anticipated that gypsy moth infestation will continue this year and without suppression efforts the Township of Middle will experience substantial destruction of foliage which will result in the loss of valuable forest lands and trees, and

WHEREAS, the Township Committee of the Township of middle has determined that a gypsy moth control program should be instituted which will require the expenditure of extraordinary municipal funds, and

WHEREAS, there is now pending before the New Jersey Assembly Bill No. 1913 which provides that the municipal expenditure cap will not apply to amounts required to be appropriated for the purpose of abating and suppressing the gypsy moth in its preliminary states to protect vegetation or plant life on public or private lands, and

WHEREAS, the Township Committee of the Township of Middle is in full support of Assembly Bill No 1913.

 

  1. Resolution – Title Change – Allen Cropper

 

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following employee is hereby approved to the Title Change opposite their name with no salary change:

Name

FROM

TO

Eff. Date

Allan Cropper

Carpenter Helper

Carpenter

03/01/2008

 

  1. Resolution – Approve Application for Raffle License – Cape May County Zoological Society Inc

 

WHEREAS, the Cape May County Zoological Society Inc. has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at the 707 Route 9, Cape May Court House, NJ 08210, otherwise known as The Cape May County Park & Zoo, has been approved by the Middle Township Committee as an Amusement Game Zone, and

WHEREAS, the Department of Law and Public Safety, Division of Consumer Affairs, Legalized Games of Chance Control Commission, determines fees and rules of conduct,

WHEREAS, the proper application and fee have been received.

 

  1. Resolution – Authorize Application – Safe and Secure Communities Program – Continuation Funding Grant

 

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that approval for the application for the Safe and Secure Communities  Continuation Funding Grant in the amount of $58,478.00 be and is hereby approved.

FURTHER RESOLVED, that Police Lt. Christopher Leusner is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

 

  1. Resolution – Reduction of Performance Bond – Frederick Langford

 

WHEREAS, $278,496.00  has been held as a performance guarantee of Frederick Langford for site improvements at Block 335.01 Lot 5, also known as Langford Blvd., and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $90,270.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $188,226.00.

 

  1. Resolution – Social Affairs Permit – Rio Grande Volunteer Fire Company

 

WHEREAS, Rio Grande Volunteer Fire Company has applied for approval to sell alcoholic beverages at a Motorcycle Ride Fundraiser to be held at the Rio Grande Fire Hall, 1120 Rte 47 S. Rio Grande, on April 27, 2008 from 12:00 noon to 6:00 p.m.

 

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

 

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 –ADMINISTRATOR POSITION

2.) The general nature of the subject matter to be discussed is as follows: PERSONNEL MATTERS –ADMINISTRATOR POSITION

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.

5.) That this closed session will take place directly after the Work Session scheduled for March 19, 2008.

 

  1. Resolution – Awarding Contract under Non-Fair and Open Process

 

WHEREAS, the Township has determined that the value of the following contract will not exceed $17,500.00 and is a renewal contract from the previous year, and

WHEREAS, the Local Public Contract Law (N.J.S.A. 40A: 11-1 et seq.) provides for the award of contracts for professional services without advertising for bids, and

WHEREAS, these contracts are not therefore subject to the provisions of N.J.S.A. 19:44A-20.4 or 20.5, and

WHEREAS, the Township of Middle requires said services, and funds are available for said purpose,

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 the following persons are hereby appointed to the positions designated below for the calendar year 2008.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with each of said persons to supply professional services for the calendar year 2008.

Design Collaborative Architects & Planners – Evaluation of Energy Usage – Twp. Structures – Not to exceed $17,000.00

 

  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

 

Admin & Exec S&W

 

 

 

Recreation OE

 

7-01-20-100-100-111

 

1,100

 

7-01-28-370-370-366

Public Affairs OE

 

 

 

 

 

Recreation OE

 

7-01-20-100-101-299                    

 

4,600

 

7-01-28-370-370-366

 

 

Admin & Exec OE

 

 

 

Recreation OE

7-01-20-100-100-299

 

 

4,300

 

7-01-28-370-370-366

 

 

 

 

 

 

Human Res S&W

 

 

 

Recreation OE

7-01-20-105-105-111

 

 

2,000

 

7-01-28-370-370-366

 

 

  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  $2,209,794.92

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  $80,000.00. That said emergency temporary appropriation shall be provided for in the 2008 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.

 

 

 

 

8-01-20-100-100-

General Administration

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-100-101-

Public Affairs

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-105-105-

Human Resources

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-110-110-

Mayor & Committee

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-120-120-

Municipal Clerk

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-120-121-

Codification

OE

 

 

 

8-01-20-120-122-

Records Management

OE

 

 

 

8-01-20-130-130-

Financial Admin

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-130-131-

Grants Admin

S&W

 

 

 

 

 

OE

 

 

 

8-01-20-130-132-

Bond Registrar

OE

 

 

 

8-01-20-135-135-

Audit Services

OE

 

 

 

8-01-20-145-145-

Tax Collector

S&W