May 5, 2008 6:00 pm
REGULAR MEETING
FLAG SALUTE
THIS MEETING IS BEING
RECORDED:
I hereby declare that
notice has been given to the Herald Times, the Atlantic City Press and posted
on the bulletin board of the Middle Township Municipal Building, stating the
time and place of the following meeting, as required in P.L. 1975, Chapter 231
of the State of New Jersey. (Sunshine Law).
The Township Committee met
on the above date at 6:00 PM at the
1.
PINNING A POPPY
ON THE MAYOR – AMERICAN LEGION AUXILIARY UNIT 198
2.
PRESENTATION BY
CADENCE DINGLER
3.
RESOLUTION 178B-08
– PROMOTIONS – POLICE DEPARTMENT – On motion by Committeemember
DeLanzo seconded by Mayor Doughty and passed on roll call, the following
resolution was adopted.
BE IT RESOLVED, by the Township Committee of the
|
Name |
Title |
Salary |
Eff. Date |
|
Donald Nelson |
Police Sergeant |
$88,304.00 |
05/05/2008 |
4.
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” – Following second reading, hearing, and consideration for
adoption, Ordinance 1296-08 was adopted on motion by Committeemember DeLanzo seconded
by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the
Clerk’s Office.
Liz Simpkins – What happens if someone parks on
the south side?
Mayor Doughty –that is private property and
they can be towed.
5.
ORDINANCE NO.
1297-08 - AN ORDINANCE AMENDING SECTION
218-58(D), REGULATING RELEASE OF PERFORMANCE BONDS UPON PARTIAL IMPROVEMENT OF
ROADWAY - Following second reading, hearing, and consideration for
adoption, Ordinance 1297-08 was adopted on motion by Committeemember DeLanzo seconded
by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the
Clerk’s Office. Committeemember Barry abstained
6.
ORDINANCE NO.
1298-08 - AN ORDINANCE VACATING A
PORTION OF WILSON AVENUE AND A PORTION OF CLEVELAND AVENUE - Following
second reading, hearing, and consideration for adoption, Ordinance 1298-08 was
adopted on motion by Committeemember DeLanzo seconded by Mayor Doughty and
passed on roll call. Complete Ordinance is on file in the Clerk’s Office.
Ralph Shuman – Any part of this connected to
Nature Conservancy? Giving away access to it?
Mayor Doughty – It’s all private property
Alexis – It’s off
C. Mattessich –
Purpose?
Mayor Doughty – Requested by adjacent land
owners. Adds to property
Mattessich – Who is applicant?
Alexis – Karen and Charles Lamey
Shuman – Indicates that he has been waiting for
the last 5 months for the name of the applicant that was given free beach
access.
C. Mattessich –
Shuman’s question should be addressed. Has asked on
various occasions. Asked for maybe an answer at the next meeting?!?!
Pickering – Shuman assumes that a
paper street is public property and that people can walk across, enter woods,
etc. Not the
case. Public has no right to trespass. Public have no right to cross over until
the Twp. accepts and dedicates the area. Shuman’s presumption is wrong
and incorrect.
7.
RESOLUTION NO.
179-08 – APPROVING PAYMENT FOR ALL BILLS – On motion by
Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
NOW THEREFORE BE IT RESOLVED, by the Township
Committee of the
Dedicated
Trust $ 3,726.37
Current Acct. $ 3,778,100.24
8.
RESOLUTION NO.
180-08 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember
DeLanzo seconded by Committeemember Barry and passed on roll call, the
following resolution was adopted.
NOW THEREFORE BE IT RESOLVED, by the Township
Committee of the
9.
REPORTS: The
following departments have submitted reports for the months indicated below: Construction Official for the month of
April; Municipal Clerk for the month of April; Zoning Official for the month of
April; Tax Collector for the month of April;
10. RESOLUTION NO. 181-08 – COMMEMORATING THE 30TH
ANNIVERSARY OF THE CAPE MAY COUNTY ZOO – On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
WHEREAS, the
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
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.
11. RESOLUTION NO. 182-08 – INSERTION OF A SPECIAL
ITEM OF REVENUE – ALCOHOL, EDUCATION, REHABILITATION AND ENFORCEMENT
– On motion by Committeemember DeLanzo seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
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
12. RESOLUTION NO. 183-08 – AUTHORIZE MAYOR TO SIGN
AGREEMENT – DATA TRACE ELECTRONIC FILE – On motion by Mayor Doughty
seconded by Committeemember DeLanzo and passed on roll call, the following
resolution was adopted.
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.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
13. RESOLUTION NO. 184-08 – REFUND OF TAXES –
On motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
|
17996 |
329.03 |
14 |
Patel, Dipesh
K Etal |
1416.39 |
Refund Payable and sent to:
Countrywide Tax Services
SVW-24
BE
IT RESOLVED by the Township Committee of the
taxes.
BE
IT FURTHER RESOLVED that a certified copy of this resolution be given to the
Chief Financial Officer of the
14. RESOLUTION NO. 185-08 – TABULATION COMMITTEE
– TURF/SOD MATERIAL AND DELIVERY ONLY – On motion by Mayor Doughty
seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
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
TURF / SOD MATERIAL AND
DELIVERY ONLY
15. RESOLUTION NO. 186-08 – PROCLAIMING
MAY 2008 AS EARLY CHILDHOOD INTERVENTION MONTH – On motion by
Committeemember DeLanzo Seconded by Committeemember Barry and passed on roll
call, the following resolution was adopted.
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
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
16. RESOLUTION NO. 187-08 – ACKNOWLEDGMENT OF
TERMINATION – On motion by Committeemember DeLanzo seconded by
Committeemember Barry and passed on roll call, the following resolution was
adopted.
BE
IT RESOLVED, by the Township Committee, the Governing Body of the
EMPLOYEE
DEPARTMENT
POSITION
EFFECTIVE
|
Wally Carty |
Recreation |
Recreation Attendant PT |
02/18/2008 |
17. RESOLUTION NO. 188-08 – SUPPORTING THE CLICK IT
OR TICKET MOBILIZATION OF MAY 19 – JUNE 1, 2008 - On motion by Committeemember
DeLanzo seconded by Committeemember Barry and passed on roll call, the
following resolution was adopted.
WHEREAS,
there was 716 motor vehicle fatalities in
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
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.
18. RESOLUTION NO. 189-08 – RELEASE OF TRUST
ACCOUNTS – On motion by Committeemember Barry Seconded by Mayor Doughty and
passed on roll call, the following resolution was adopted.
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,
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
19. RESOLUTION NO. 190-08 – RATIFY INTERLOCAL
AGREEMENT BETWEEN THE TOWNSHIP OF MIDDLE / POLICE DEPARTMENT AND THE COUNTY OF
CAPE MAY SHERIFF’S DEPARTMENT – PICTURELINK – On motion by Committeemember
DeLanzo seconded
by Committeemember Barry and passed on roll call, the following resolution was
adopted.
WHEREAS,
the
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.
20. RESOLUTION NO. 191-08 – AWARD
CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – CORE
POWER AND ENVIRONMENT – RENEWAL OF MAINTENANCE SERVICES – UPS UNIT
– On motion by Committeemember DeLanzo seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
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
As
the Chief Financial Officer of the
21. RESOLUTION NO. 192-08 – PROCLAIMING MAY 11TH
THROUGH MAY 17, 2008 AS POLICE WEEK – On motion by Committeemember
DeLanzo seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
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
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
22. RESOLUTION NO. 193-08 – AUTHORIZING GRANT
APPLICATION – STATE OF
WHEREAS,
the governing body of the
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.
23. RESOLUTION NO.194-08 – INTERIM RE-APPOINTMENT
– MUNICIPAL JUDGE – PETER TOURISON – On motion by Committeemember
Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the
|
NAME |
TITLE |
EFF. DATE |
EXP. DATE |
|
Peter Tourison |
Municipal Judge |
4/28/2008 |
12/31/2008 |
24. RESOLUTION NO. 195-08 – TAX APPEALS – On
motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
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.
25. RESOLUTION NO. 196-08 – REGARDING THE 2008-2009
BOARD OF EDUCATION BUDGET – On motion by Committeemember Barry seconded
by Mayor Doughty and passed on roll call, the following resolution was adopted.
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
1.
The allegations
of the preamble are incorporated herein as if set forth in full.
2.
After discussion
with the
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
Dr. Dave Salvo –
Peggy Mathis – Athletic Salary. User friendly
budget on website
Dennis Roberts – Clarified budget. Athletic
line could include other recreational items such as equipment, refs, etc.
Mathis – PAC … look at expenses versus
the income derived. High salaries of employees not warranted when venues are
not coming in. Scale back on sports.
Mathis – 11,000 – transport
Committeemember Barry – salaries
Mathis – Operation Maintenance Salary
Salvo – Anticipated salary increase in future
negotiations
Committeemember Barry – reduces the ability to
raise contacts forever
Mathis – Construction $79,000.00
Salvo – Eliminated new entry to Elem. #2 Bldg.
Walkway similar to high school. Door at PAC, flooring to band
room.
Mathis – Tuition other?
Salvo – Homeless children in
district. Eliminates line item. Will have to use
other accounts.
Mathis – Salaries of Secretary
.. Negotiated?
Salvo – yes
Mathis – Track coated this year?
Salvo – yes
Mathis – Savings with all these cuts?
Committeemember Barry – Under a
penny. With bond
payoff about .6 …. 1.4cent total payoff
V. Pombo – No public hearing on this? Is this
it?
Committeemember Barry – yes this is the
hearing. If the Board of Education does not except the Committee’s
recommendation then it goes to the State of
Pombo – Rumor of consolidation of schools
Salvo – Still only under discussion phase not
even planning phase.
Roberts – March 19th the budget was
dually advertised. Board of Education budget was discussed line by line.
Carol Mattessich – 1.
Percentage that the 300,000.00 represents. 2. Budget
compared to last year?
Committeemember Barry – well it’s a levy.. difference between the two.
Roberts – Budget 42 million. 20 Million funded by tax payers
Committeemember Barry – Last year 19,431,395
Mathis – 1 million in tax levy this year
Truesdale – Aid to students – voters say to high.
What would happen if mandated? Recourse? Next level if
voters don’t agree?
Committeemember Barry – Route of appeal? No
Mathis – ½ dozen different
shared services. Reimbursement on salary and benefits?
Brd of Ed – Yes
26. RESOLUTION NO. 197-08 – CLOSED SESSION –
MATTERS OF PENDING LITIGATION – HEUN V. RAVITZ; SWEETEN V. TOWNSHIP OF
MIDDLE – On motion by Committeemember Barry seconded by Committeemember
DeLanzo and passed on roll call, the following resolution was adopted.
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
NOW
THEREFORE BE IT RESOLVED, by the