SUBJECT TO REVISIONS

AGENDA

Cape May Court House, NJ

May 5, 2008 6:00 pm

REGULAR MEETING

 

 

FLAG SALUTE

THIS MEETING IS BEING RECORDED
 

 

  1. Pinning a Poppy on the Mayor – American Legion Auxiliary Unit 198

 

  1. Presentation by Cadence Dingler

 

  1. Resolution – Promotions – Police Department

 

Promoting Donald Nelson to Police Sergeant

 

  1. Ordinance No 1296-08 – 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”

 

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:

SECTION 1. Section 236-41 of the Code of the Township of Middle is hereby supplemented by the addition of the following:

NAME OF STREET                      SIDE                 LOCATION

Lee Lane                                   North             From the westerly curb line of Route 9 to a point

315 feet west

Lee Lane                                   South             326 feet west of the curb line of Route 9

Locust Lane                               North                Beginning at the curb line of Route 9 to the

easterly bound intersection of locust Lane and right-of-way of Garden State Parkway

 

  1. Ordinance No 1297-08 – An Ordinance amending Section 218-58(D), Regulating Release of Performance Bonds upon partial improvement of roadway

 

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. 

Section 218-58(D) is hereby deleted in its entirety.

SECTION 2.

Section 218-58(D) is hereby replaced with the following:

D.         Where partial approval of improvements is granted by the governing body, the performance guarantee shall be released as follows:

(1)        If all improvements are installed and accepted except for the second coat of asphalt on any street or road, all but 200% of the engineer’s estimate of the cost of the second coat of asphalt shall be released.  If the second coat of asphalt is not installed within five (5) years of the date of the partial bond release, the Township Committee may declare the performance guarantee in default and use the money to install the second coat of asphalt, or, Township Committee may accept an extension of the performance guarantee in an amount which is 200% of the recalculated engineer’s estimate of the cost of the second coat of asphalt which performance guarantee shall be for a period not to exceed five (5) years.

(2)        In all other circumstances where improvements are not yet completed, all but 120% of the cost of the outstanding improvements (including the second coat of asphalt) or 30% of the amount of the original performance guaranty, whichever is greater, shall be released.

 

  1. Ordinance No 1298-08 – An Ordinance vacating a portion of Wilson Avenue and a portion of Cleveland Avenue

 

SECTION 1.     The public right, title and interest in, along, upon and over the following

described land is hereby vacated, surrendered and extinguished:

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 point where Wilson Avenue and Cleveland Avenue meet at a point in Block 51, Lot 1 and extending thence:

                                                                

1.         Southeasterly to and along the northeast boundary line of Block 51, Lot 84 and the southwest line of Wilson Avenue to the point where Block 51, Lot 84 and Block 51, Lot 85 and Wilson Avenue meet; thence

2.         Perpendicular to the southwest line of Wilson Avenue fifty (50) feet to the northeast line of Wilson Avenue; thence

3.         Northwesterly along the southwest boundary line of Block 68, Lot 1 and extending further along that line across Cleveland Avenue; thence

4.         Westerly along the north line of Cleveland Avenue to the point and place of Beginning,

as shown on the Middle Township Tax Map, Sheet 52, 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.

 

  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              $  3,726.37       

                                    Current Acct.                             $  3,778,100.24 

 

  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 April 21, 2008 are hereby approved.

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 April 21, 2008 are hereby approved.

 

  1. Reports:  The following departments have submitted reports for the months indicated below:  April ~ Construction Official, Municipal Clerk, Zoning Official and Tax Collector

 

  1. Resolution – Commemorating the 30th Anniversary of the Cape May County Zoo

 

WHEREAS,  the County of Cape May established the Cape May County Zoo within the Township of Middle in 1978; and

WHEREAS,  the Cape May County Zoo has grown into a beautiful attraction that brings visitors from all walks of life to view and enjoy the numerous attractions at the Cape May  County Zoo; and

WHEREAS,  the Cape May County Zoo, over its 30 year history, has steadily improved, as witnessed by the millions of visitors over the 30 year history who have visited the Cape May County Zoo; and

WHEREAS,  the Township of Middle is the Host Municipality for the Cape May County Zoo; and

WHEREAS,  the Governing Body of the Township of Middle wishes to recognize this superb addition to the Township of Middle operate by the Cape May County Zoo; so

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Township of Middle, County of Cape May, State of New Jersey, that Tuesday, May 6, 2008 be declared Cape May County Zoo Day in the Township of Middle; and

NOW, THEREFORE BE IT FURTHER RESOLVED  that a copy of this Resolution be presented to Freeholder Director Daniel Beyel and the Cape May County Board of Chosen Freeholders as they celebrate the 30th Anniversary of the Cape May County Zoo.

               

  1. Resolution – Insertion of a Special Item of Revenue – Alcohol, Education, Rehabilitation and Enforcement

 

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 2008 in the sum of:

Alcohol Education, Rehabilitation, & Enforcement   --         FY 2008   -- $3,587.55

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

2008 Alcohol Education, Rehabilitation, & Enforcement   --  FY 2007   -- $3,587.55

 

  1. Resolution – Authorize Mayor to sign agreement – Data Trace Electronic File

 

WHEREAS, the Township of Middle wishes to renew a contract with Data Trace (Signature Information Solutions) which would enable the Township to create and send a READ ONLY electronic file directly from the Tax Collectors Office via the tax software system to Data Trace, and

WHEREAS, there is no cost to the Township to provide said services, and

WHEREAS, the Township shall receive a fee of $1200.00 for one year’s worth of electronic data, and

WHEREAS, the Township assumes no liability and/or responsibility for information provided to clients by Data Trace from information received via the electronic file, and

WHEREAS, Data Trace fully understands that certified information shall be sought directly from the Tax Collector’s Office in order to assure up to date and accurate information, and

WHEREAS, the term of this contract shall be from January 1, 2008 through December 31, 2008.

 

  1. Resolution – Refund of Taxes

 

REFUND DUE TO OVER-PAYMENT MADE BY MORTGAGE COMPANY

 

  1. Resolution – Tabulation Committee – Turf/Sod Material and Delivery only

 

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, Chief Finance Officer Tracey Taverner, and Deputy Clerk Dawn Stimmel be and hereby are appointed to tabulate the bids to be taken on Wednesday, June 18, 2008 at 7:00 PM in the Middle Township Municipal Building, 1ST Floor Court Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

TURF / SOD MATERIAL AND DELIVERY ONLY

 

  1. Resolution – Proclaiming May 2008 as Early Childhood Intervention Month

 

WHEREAS, early intervention in childhood is essential in the detection and treatment of developmental disorders; and

WHEREAS,  Autism is a disorder that effects the developmental and functioning of a persons verbal and non-verbal communication skills, social interactions and patterns of behavior; and

WHEREAS, there are over 1.5 million Americans with Autism and in New Jersey between 12,000 and 18,000 with an Autism spectrum disorder; and

WHEREAS, there is no known single cause or cure for Autism; and

WHEREAS, early intervention for children with Autism Disorders can help families with behavior modification and educational strategies; and

WHEREAS, the earlier a child is diagnosed with Autism, the more effective intervention can be; and

WHEREAS,  the Cape May County Health Department, through Special Child Health Services, can provide free developmental evaluations for any child up to 36 months old.

NOW, THEREFORE, BE IT RESOLVED, by the Township of Middle, County of Cape May, State of New Jersey that May be designated as Early Childhood Intervention Month in Cape May County to increase the public’s awareness and understanding of disorders that cause developmental and social deficits such as Autism; and

NOW THEREFORE, I, F. Nathan Doughty, Jr., Mayor of Middle Township, on behalf of Committeewomen Susan L. DeLanzo and Committeeman Stephen Barry and the residents of Middle Township do hereby proclaim the month of May 2008 as Early Childhood Intervention Month in Middle Township.

 

  1. Resolution – Acknowledgment of Termination

 

  1. Resolution – Supporting the Click It or Ticket Mobilization of May 19 – June 1, 2008

 

WHEREAS, there was 716 motor vehicle fatalities in New Jersey in 2007, and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt, and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash, and

WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between 1975-2000, and

WHEREAS, the State of New Jersey will participate in the nationwide Click it or Ticket seat belt mobilization from May 19- June 1, 2008 in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education, and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 91% to 93%, and

WHEREAS, a further increase in seat belt usage in New Jersey will save lives on our roadways.

NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, State of New Jersey hereby declares support for the Click It or Ticket seat belt mobilization both locally and nationally from May 19 – June 1, 2008 and pledges to increase awareness of the mobilization and the benefits of seat belt use.

 

  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 – Ratify Interlocal Agreement between the Township of Middle / Police Department and the County of Cape May Sheriff’s Department – Picturelink

 

WHEREAS, the County of Cape May is the owner of a fiber-optical cable located at Township Municipal Building, and

WHEREAS, the Middle Township Police Department has requested certain use of the fiber-optical cable to allow for connection to the Cape May County Sheriff’s Department Picturelink Jail mug shot application,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the Interlocal Agreement between the Township of Middle/ Police Department and the County of Cape May/ Sheriff’s Department in connection with usage of the fiber-optical cable to connect to the “Picturelink Jail mug shot application” is hereby ratified.

BE IT FURTHER RESOLVED, that there is no fee associated with this agreement, and

FURTHER RESOLVED, the term of this agreement shall be for a term of seven (7) years and may be renewed in accordance with the then prevailing Interlocal Service Act.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

WHEREAS, the County of Cape May is the owner of a fiber-optical cable located at Township Municipal Building, and

WHEREAS, the Middle Township Police Department has requested certain use of the fiber-optical cable to allow for connection to the Cape May County Sheriff’s Department Picturelink Jail mug shot application,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the Interlocal Agreement between the Township of Middle/ Police Department and the County of Cape May/ Sheriff’s Department in connection with usage of the fiber-optical cable to connect to the “Picturelink Jail mug shot application” is hereby ratified.

BE IT FURTHER RESOLVED, that there is no fee associated with this agreement, and

FURTHER RESOLVED, the term of this agreement shall be for a term of seven (7) years and may be renewed in accordance with the then prevailing Interlocal Service Act.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

 

  1. Resolution – Award Contract and Ratify Agreement through Non-Fair and Open Process – Core Power and Environment – Renewal of Maintenance Services – UPS Unit

 

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Core Power and Environment and the Township of Middle for the renewal of a maintenance contract for the UPS Unit, 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 this contract shall be for a three year period, billed annually.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

Core Power & Environment -------- Maintenance Renewal (UPS Unit) ---- $3,975.00 / year

 

  1. Resolution – Proclaiming May 11th through May 17, 2008 as Police Week

 

WHEREAS, the Congress and the President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and

WHEREAS, the members of the law enforcement agency of Middle Township play an essential role in safeguarding the rights and freedoms of the citizens of Middle Township; and

WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and

WHEREAS, the police department of Middle Township has grown to be a modern and scientific law enforcement agency, which increasingly provides a vital public service:

NOW THEREFORE, I, F. Nathan Doughty, Jr., Mayor,  on behalf of Committeewoman DeLanzo and Committeeman Barry, call upon all citizens of Middle Township and upon all patriotic, civil and educational organizations to observe the week of May 11 through May 17, 2008, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.

I FURTHER call upon all citizens of Middle Township to observe Thursday, May 15, 2008, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty.

 

  1. Resolution – Authorizing Grant application – State of New Jersey Department of Environmental Protection – Green Communities Grant

 

WHEREAS, the governing body of the Township of Middle desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $3,000.00 to fund the following project : Community Forestry Management Plan; Green Communities Grant

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that F. Nathan Mayor Doughty or the successor to the office of Mayor is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State of New Jersey for a grant in an amount not less than $3,000.00 and not more than $3,000.00 and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.

 

FURTHER RESOLVED, that the Township Committee authorizes and hereby agrees to match 33% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. 100% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement)

FURTHER RESOLVED, the grantee agrees to comply with all applicable federal, state, and municipal laws, rules, and regulations in its performance pursuant to the agreement.

 

  1. Resolution – Interim Re-Appointment – Municipal Judge – Peter Tourison

 

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 individual is hereby appointed interim to the position opposite their name at the following salary:

NAME

TITLE

EFF. DATE

EXP. DATE

Peter Tourison

Municipal Judge

4/28/2008

12/31/2008

 

  1. Resolution – Tax Appeals

 

WHEREAS, by directive of the County Board of Taxation, under N.J.A.C. 18:12A-1.6 (C), that any and all tax appeals for the increase of decrease of assessments submitted to this Board by the Tax Collector and/or Tax Assessor on behalf of the Township of Middle for the year 2008 are hereby authorized by this governing body for disposition by the County Board of Taxation.

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 this resolution as heretofore stated shall be approved by this Township Committee, and

BE IT FURTHER RESOLVED, that the Middle Township Clerk be instructed to submit a certified copy of this resolution to the Tax Assessor, Tax Collector and Cape May County Board of Taxation.

BE IT FURTHER RESOLVED, that the Middle Township Tax Assessor, and when he or she is not able, the Middle Township Deputy Tax Assessor, shall be authorized to sign any documents necessary to defend, prosecute, and settle tax appeals.

 

  1. Resolution – Regarding the 2008-2009 Board of Education Budget

 

WHEREAS,  at the regular election of the school district of the Township of Middle held on April 15, 2008, the voters of the school district rejected the proposed budget of $20,841,715.00 submitted by the Board of Education for the tax levy school purposes; and

WHEREAS,  pursuant to N.J.S.A. 18A:22-37, the Township Committee of the Township of Middle received the proposed school budget and supporting documentation from the Board of Education and subsequently, on April 18, 2008, consulted with said Board of Education with respect to the defeated budget; and

WHEREAS,  the Township Committee has reviewed the matter carefully and being require, pursuant to the aforesaid statute, to certify to the Cape May County Board of Taxation the amount necessary for general fund expenses to provide a thorough and efficient school system in the district.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middle, Cape May County, New Jersey, as follows:

1.                                  The allegations of the preamble are incorporated herein as if set forth in full.

2.                                  After discussion with the Township of Middle Board of Education, it was agreed that deductions to the proposed budget, as noted, could be made without jeopardizing the ability for a thorough and efficient school system in the Township.

3.                                  The Township Committee of the Township of Middle in the County of Cape May and the State of New Jersey hereby certify that pursuant to the provisions of N.J.S.A. 18A:22-37, the amount necessary for the general fund expenses for the school to provide a thorough and efficient school system in the Township of Middle is $20,541,715.00, calculated as follows:

 

Original tax levy submitted to voters                      $20,841,715.00

Deductions made by Committee               $     300,000.00

 

            Athletic Salaries                         $      424,029.00

            11-401-100-100                         $  -       5,000.00

                                                                         $      419,029.00

 

Student Transportation Services

Salaries for Pupil Transportation

Non-Public Schools                                             $      153,083.00

11-000-270-183                                     $ -      11,461.00

                                                                         $      141,622.00

 

Special Education                                               $      165,916.00

11-000-270-161                                     $  -       4,320.00

                                                                         $      161,596.00

 

 

 

Non-Instructional Equipment                                $      162,500.00

12-000-270=732                                                $ -       40,000.00

                                                                         $       122,500.00

 

Health Benefits                                                   $    4,115,819.00

11-000-291-270                                     $    -    15,000.00

                                                                         $    4,100,819.00

 

Operations/Maintenance Salaries             $    1,346,801.00

11-000-262-100                                     $    -    52,000.00

                                                                         $    1,294,801.00

 

Construction Services                                         $       221,952.00

12-000-400-450                                     $      -  79,600.00

                                                                         $       142,352.00

 

Tuition/Other                                                       $         20,000.00

11-000-100-569                                       $     -   20,000.00

                                                                                        -0-

 

Tuition to County Vocational        School                 $     1,230,530.00

11-000-100-563                                      $     -     8,000.00

                                                                          $     1,222.530.00

 

Salaries of Secretarial Assistants               $        440,486.00

11-000-240-105                                       $        -25,508.00

                                                                          $        414,978.00

 

Improvement of Instructional Services                   $        229,369.00

11-000-221-104                                       $         -39,111.00

                                                                          $        190,258.00

 

Tax levy for general fund expenses                        $    20,541,715.00

The Township Clerk be, and hereby is, directed to cause a copy of this Resolution to be forwarded to the Cape May County Board of Taxation, the Secretary of the Board of Education of the Township of Middle, the Tax Assessor of the Township of Middle, and two (2) copies to the Superintendent of Schools for the County of Cape May.

 

  1. Resolution – CLOSED SESSION – Matters of Pending Litigation – Heun v Ravitz; Sweeten v 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 of Bid – Diamond Road, Railroad Avenue, Satt Boulevard Sanitary Sewer Extension and Satt Boulevard Road Construction

 

WHEREAS, it has been deemed necessary and desirable to solicit bids for site improvements at Diamond Road, Railroad Avenue, Satt Boulevard via sewer extension and road construction, and

WHEREAS, sealed bids were received on February 20, 2008, and

WHEREAS, it appears that the following bid submitted represents a figure equal to the lowest bid received, which complies with specifications.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township
of Middle, the governing body thereof, that the contract for ROAD, RAILROAD AVENUE, SATT BOULEVARD SANITARY SEWER EXTENSION AND SATT BOULEVARD ROAD CONSTRUCTION  be and hereby is awarded to:

Foglio Contracting Inc. in the amount of $593,262.64

 

  1. Public Portion: