March 17, 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.
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 – On motion by Committeemember
DeLanzo seconded
by Committeemember Barry and passed on roll call, Ordinance No 1295-08 passed
first reading. Second reading, public hearing and consideration for adoption
will be held on 04/21/2008 at 6:00 p.m.
2.
RESOLUTION NO.
117-08 – APPROVING MINUTES FOR PREVIOUS MEETING – 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 of the
3.
RESOLUTION NO.
118-08 – APPROVE PAYMENT FOR ALL BILLS – 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
Dedicated
Trust $ 8,580.13
Current Acct. $ 721,622.43
4.
REPORTS: The
following departments submitted their reports for the months indicated below: Construction
Official for the month of February; Tax Collector for the month of February; Municipal
Court for the month of February; Treasurer for the month of February;
5.
RESOLUTION NO.
119-08 – SUPPORTING SENATE CONCURRENT RESOLUTION NO. 50
PROPOSING A CONSTITUTIONAL AMENDMENT TO ESTABLISH
WHEREAS, Senate Concurrent Resolution No. 50
proposes an amendment to Article VIII, Section II of the Constitution of the
State of
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; and
BE IT FURTHER RESOLVED, a copy of this Resolution
shall be sent to Governor Jon Corzine, regional
representatives.
6.
RESOLUTION NO.
120-08 – AUTHORIZING OPTIONS TO TAX MAPS IN GIS PROJECT – On motion
by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll
call, the following resolution was adopted.
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
As
the Chief Financial Officer of the
7.
RESOLUTION NO.
121-08 – REFUND OF TAXES – On motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
Refund due to overpayment made by Mortgage Company
ACCT BLOCK
|
16769 |
13.02 |
49 |
Rapp, John Jr |
1008.32 |
|
1858 |
94 |
83 |
Maker, James R & Joann |
704.78 |
|
17658 |
114 |
8 C0034 |
Kehoe, Michael |
1234.34 |
|
6421 |
410 |
4 |
Poper, Albert C & Linda J |
671.00 |
|
13795 |
1410.03 |
7 |
Shaw, Carles F Sr |
640.36 |
|
16888 |
1425.03 |
4 |
Boyce, Jacob E & Roseann
T |
1089.92 |
Refund
payable to:
First American Real Estate
Tax Service
Refund Department
BE IT RESOLVED by the Township Committee of the
BE IT FURTHER RESOLVED that a certified copy of this
resolution be given to the Chief Financial Officer of the
8.
RESOLUTION NO.
122-08 – AMENDING MUNICIPAL ENGINEER CONTRACT – On motion by Committeemember
Barry seconded by Committeemember DeLanzo and passed on roll call, the
following resolution was adopted.
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
Vincent Orlando/ Engineering Design Associates
– Municipal Engineer – Not to exceed $50,000.00
As
the Chief Financial Officer of the
9.
RESOLUTION NO.
123-08 – OPPOSING THE FAILURE OF THE GOVERNOR’S PROPOSED STATE OF
NEW
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; and
BE IT FURTHER
RESOLVED, that copies of this
resolution be forwarded to Governor Jon S. Corzine,
Acting State Treasurer R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Thomas H. Kean, Assembly
Speaker Joseph J. Roberts, Assembly Minority Leader Alex DeCroce,
the Chairs and Members of the Senate and Assembly Budget and Appropriations
Committees, and to the New Jersey State League of Municipalities.
10.
RESOLUTION NO.
124-08 – IN SUPPORT OF ASSEMBLY BILL NO 1913 REMOVING APPROPRIATIONS FOR
GYPSY MOTH SUPPRESSION FROM THE MUNICIPAL EXPENDITURE CAP – On motion by
Committeemember DeLanzo seconded by Mayor Doughty and
passed on roll call, the following resolution was adopted.
WHEREAS, the
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
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
1.
The allegations
of the preamble are incorporated herein by this reference.
2.
The Township
Committee of the
3.
All Township
officials and officers are hereby authorized and empowered to take all action
deemed necessary or advisable to carry into effect the intent and purpose of
this resolution
4.
A copy of this
resolution shall be forwarded to Governor Jon Corzine,
Senator Jeff Van Drew, Assemblyman Nelson T. Albano, and Assemblyman Matthew W.
Milam
11.
RESOLUTION NO.
125-08 – TITLE CHANGE – ALLEN CROPPER – On motion by
Committeemember Barry seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
BE
IT RESOLVED, by the Township Committee of the
|
Name |
FROM |
TO |
Eff. Date |
|
Allan
Cropper |
Carpenter
Helper |
Carpenter |
03/01/2008 |
12.
RESOLUTION NO.
126-08 – APPROVE APPLICATION FOR RAFFLE LICENSE – CAPE MAY COUNTY
ZOOLOGICAL SOCIETY INC. – On motion by Committeemember DeLanzo seconded
by Committeemember Barry and passed on roll call, the following resolution was
adopted.
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.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that Raffle Night September 8, 2008 at the location
of 707 Route 9, Cape May Court House, is hereby approved.
13.
RESOLUTION NO.
127-08 – AUTHORIZE APPLICATION – SAFE AND SECURE COMMUNITIES
PROGRAM – CONTINUATION FUNDING GRANT – On motion by Committeemember
DeLanzo seconded by Mayor Doughty and passed on roll call, the following
resolution was adopted. Committeemember Barry abstained
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.
14.
RESOLUTION NO.
128-08 – REDUCTION OF PERFORMANCE BOND – FREDERICK LANGFORD –
On motion by Mayor Doughty seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted. Committeemember
Barry abstained.
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.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Tri-Party Allocation Category Agreement
with be and is hereby reduced to $188,226.00.
15.
RESOLUTION NO.
129-08 – SOCIAL AFFAIRS PERMIT – RIO GRANDE VOLUNTEER FIRE COMPANY
– On motion by Committeemember DeLanzo seconded by Mayor Doughty and
passed on roll call, the following resolution was adopted.
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., and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
16.
RESOLUTION NO.
130-08 – CLOSED SESSION – PERSONNEL MATTERS – ADMINISTRATOR
POSITION – 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
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.
17.
RESOLUTION NO.
131-08 – AWARDING CONTRACT UNDER NON-FAIR AND OPEN PROCESS – On
motion by Committeemember Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
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
NOW THEREFORE BE IT RESOLVED, by the Township
Committee, the Governing Body of the
BE IT FURTHER RESOLVED, that a contract be executed
by the
Design Collaborative
Architects & Planners – Evaluation of Energy Usage – Twp.
Structures – Not to exceed $17,000.00
FURTHER RESOLVED, that a copy of this Resolution be
forwarded to the Herald Times for publication.
FURTHER RESOLVED that these
contracts are contingent upon the certification of availability of funds and
submission of State Affirmative Action Certification.
As
the Chief Financial Officer of the Township of Middle, I acknowledge the sum of
$not to exceed $17,000.00 has been bid for the following service or
items Evaluation of Energy Usage – Twp. Structures It is further certified that sufficient
funds are available from the following appropriation or ordinance to cover this
contract:8-01-23-310-310-299
18.
RESOLUTION NO.
132-08 – TRANSFER OF FUNDS – RESERVES – On motion by Committeemember
Barry seconded by Mayor Doughty and passed on roll call, the following
resolution was adopted.
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
|
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 |
|
|
|
|
|
|
|
||