May 19, 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. 1299-08 - BOND ORDINANCE AUTHORIZING VARIOUS RECREATIONAL IMPROVEMENTS AT THE
CLARENCE GEORGIANA DAVIES (GOSHEN) SPORTS COMPLEX IN THE TOWNSHIP OF MIDDLE,
COUNTY OF CAPE MAY, NEW JERSEY; APPROPRIATING THE SUM OF $530,000 THEREFOR;
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES
OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE
PRINCIPAL AMOUNT OF UP TO $503,500; MAKING CERTAIN DETERMINATIONS AND
COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE
FOREGOING – On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, Ordinance No 1299-08 passed
first reading. Second reading, public hearing and consideration for adoption
will be held on 06/16/2008 at 6:00 p.m.
2. RESOLUTION NO. 198-08 – APPROVING 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 $
12,483.22
Current Acct. $
809,057.27
3. RESOLUTION NO. 199-08 – 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
4. REPORTS: The following departments have submitted
reports for the months indicated below: Construction Official for the month of
April; Municipal Court for the month of April; Treasurer for the month of
April;
5. RESOLUTION NO. 200-08 – CAPITAL BUDGET
AMENDMENT – On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
WHEREAS,
the local capital budget for the year 2008 was adopted on the 9th of
April, 2008, and
WHEREAS,
it is desired to amend said adopted capital budget section.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
BE
IT FURTHER RESOLVED, that two certified copies of this resolution be filed
forthwith in the Office of the Director of Local Government Services.
6. RESOLUTION NO. 201-08 – CANCELING OUTSTANDING
CHECKS – RECREATIONAL TRUST ACCOUNT – On motion by Committeemember
DeLanzo seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
WHEREAS,
there are certain checks that have been outstanding in the Middle Township
Recreational Trust Account for a period of more than six months, and
WHEREAS, it is the desire of the Township Treasurer
to return these funds to the Middle Township Recreational Trust Account.
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 the following
checks be and hereby are canceled and will be returned to the Recreational
Trust Account of the Township of Middle.
Recreational
Trust Account
7234 11/20/06 Donna’s
Place $29.00
7342 02/05/07 Geary,
Ruthann $10.00
7. RESOLUTION NO. 202-08 – RELEASE OF TRI-PARTY
AGREEMENT – FRANKLIN & NORMA MARRINER – On motion by
Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the
following resolution was adopted.
WHEREAS,
the Township of Middle has held a Tri-Party Agreement between Frank Marriner or Norma Marriner and
Cape Savings Bank, the Tri-Party
Agreement Account #40-710155-3; and
WHEREAS, Resolution #315-01, November
5, 2001 approved the release of Trust Accounts, of which Franklin Marriner received balance on escrow fees in the amount of
$705.83; and
WHEREAS, upon furnishing the
Resolution for Release of Trust Accounts to Cape Savings Bank, an error was
made and Cape Savings Bank released the escrow fees as well as the Tri-Party
Agreement; and
WHEREAS,
the Township of Middle, as of this date, has no need to carry on with
the Tri-Party Agreement between Cape Savings Bank, now known as Cape Bank,
Franklin and Norma Marriner and the Township of
Middle; this Tri-Party Agreement is
in the amount of $5,000.00; so
NOW, THEREFORE, BE IT RESOLVED by the Township Committee, the
Governing Body of the
8. RESOLUTION NO. 203-08 through 206-08 – REFUND
OF TAXES (ITEMS A THROUGH D) – On motion by Mayor Doughty seconded by
Committeemember Barry and passed on roll call, the following resolution was
adopted.
|
15396 |
438 |
18 |
Esterly, Jeremiah P |
764.46 |
Refund Payable and sent to:
The Title Company of
Attn:
Vicki Winter
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
|
3439 |
167.01 |
112 |
Woodrow, Wendy A 184 Rte 47 S |
859.22 |
Refund
Payable and sent to:
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
|
555 |
13.01 |
9 |
Nordt, Allen J & Patricia L |
959.77 |
|
18550 |
56.01 |
36.01 |
Mc Monagle,
mark F & Patricia L 535B |
717.55 |
|
18029 |
99.02 |
13 |
Cramer, Kenneth &
Robin |
1003.56 |
|
17389 |
163.01 |
166 |
Johnson, Gerald F &
Diane M |
831.30 |
|
3086 |
163.04 |
8 |
Parsons, Linda |
716.36 |
|
4245 |
212.05 |
6 |
Byrne, Geoffrey A &
Patricia S |
904.36 |
|
5011 |
264 |
5 |
Birdy, martin J & Dana M Cairy
|
796.55 |
|
5354 |
322.01 |
5 |
Seitz, Donald C Jr & Julie M |
724.98 |
|
18069 |
322.02 |
6 |
Pfeiffer, Dennis M &
Teresa M 409 Shunpike |
1465.56 |
|
6151 |
389 |
7 |
Bevis-Guthrie, Terri L Etals |
912.71 |
|
18473 |
475.02 |
38.03 |
Sweitzer, Jason R & Nicole L |
473.59 |
|
10418 |
816 |
5 |
Robinson, Floyd A & Marva C |
557.43 |
|
12169 |
1005 |
11 |
Grison, Stephen G 1504 Rte 9 S |
600.40 |
|
12627 |
1058 |
10 |
Thompson, Elaine Etals |
574.55 |
|
18702 |
1432 |
6 C0142 |
Evans, Eugene J & Roberta E |
225.37 |
|
|
|
|
|
|
Refund Payable and sent to:
First American Real Estate Tax Service
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
|
6082 |
388 |
2 |
401 Rte 47 S |
667.30 |
|
6808 |
466.01 |
21.02 |
Genovese, Shawn M &
Traci S |
864.74 |
Refund Payable and sent to:
Wells Fargo Home Mortgage
1 Home Campus
MAC X2302-04D
Attn:
Thomas Rexroat
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
9. RESOLUTION NO. 207-08 – AUTHORIZE APPLICATION
– “COPS SECURE OUR SCHOOLS GRANT” – On motion by
Committeemember DeLanzo Seconded by Committeemember Barry and
passed on roll call, the following resolution was adopted.
WHEREAS,
The COPS Office (Community Oriented Policing Services) is pleased to announce
the availability of funding under the COPS Secure Our Schools (SOS) 2008 grant
program, and
WHEREAS,
approximately $13 million is available in FY2008 to provide funding to law
enforcement agencies to assist with the development of school safety resources
and provide improved security at schools and on school grounds, and
WHEREAS,
this program will fund up to 50% of the total cost to implement one or more of
the following options: placement and use of metal detectors, locks, lighting,
and other deterrent measures; security assessments; security training of
personnel and students; coordination with local law enforcement; and/or any
other measure that may provide a significant improvement in security, and
WHEREAS,
this year, the program is open to all law enforcement agencies nationwide.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
BE
IT FURTHER RESOLVED, that Police Chief Joseph Evangelista is named as the
Contact Person and that the appropriate officials are hereby authorized to sign
said documents.
10.RESOLUTION NO. 208-08 – AUTHORIZE APPLICATION
– 2008 STATE OF
BE
IT RESOLVED, by the Township Committee of the Township of Middle, the governing
body thereof, that authorization to apply for the 2008 State Body Armor
Replacement Fund be and is hereby approved.
FURTHER RESOLVED, that Police Chief Joseph
Evangelista is named as the Contact Person and that the appropriate officials are
hereby authorized to sign said documents.
11.RESOLUTION NO. 209-08 – RELEASE OF PERFORMANCE
BOND – STREET OPENING – MITCHELL HAND – On motion by Committeemember
Barry seconded by Committeemember DeLanzo and passed on roll call, the
following resolution was adopted.
WHEREAS,
$5,000.00 is being held as a performance guarantee for Mitchell Hand for the
street opening located at 221 Fairmont, and
WHEREAS,
Certified Public Works Manager has conducted his inspection and determined that
all improvements have been completed, and
WHEREAS, it has been recommended that the performance
guarantee for the above stated project be released.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the above reference opening has been inspected
and approved and therefore the performance bond in the amount of $5,000.00
shall be released.
12.RESOLUTION NO. 210-08 – RELEASE OF PERFORMANCE
BOND – STREET OPENING – PHILIP WOODROW / JOHN HAND – On
motion by Committeemember Barry seconded by Committeemember DeLanzo and passed
on roll call, the following resolution was adopted.
WHEREAS,
$5,000.00 is being held as a performance guarantee for Philip Woodrow and John
Hand for the street opening located 409 Bennett Road, and
WHEREAS,
Certified Public Works Manager has conducted his inspection and determined that
all improvements have been completed, and
WHEREAS, it has been recommended that the performance
guarantee for the above stated project be released.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
13.RESOLUTION NO. 211-08 – AUTHORIZING THE USAGE
OF NEW JERSEY PRESS ASSOCIATION (NJPA) WEBSITE TO SERVE AS AFFIDAVITS OF
PUBLICATION – On motion by Committeemember DeLanzo seconded by Mayor
Doughty and passed on roll call, the following resolution was adopted.
WHEREAS,
to date the
WHEREAS,
it has been the practice of the Office of the Municipal Clerk to manually
retrieve each advertisement as published in the paper and attached a
certification of the Clerk and Notary, to serve as an affidavit of publication,
and
WHEREAS,
the Director of the Division of Local Government Services has given an opinion
that the Township of Middle shall now utilize the New Jersey Press Association
Website (NJPA) to serve as affidavit of publication, subject to the same
conditions regarding the certification of the Municipal Clerk and Notary
Public, and
WHEREAS,
the division staff reviewed the NJPA website and found the copies of the legal
advertisements that the site provides are satisfactory and also contain a
“public notice identification number” to verify the authenticity of
an advertisement.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
14.RESOLUTION NO. 212-08 through 214-08 – APPROVE
APPLICATION FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE (ITEMS A THROUGH
C) – On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
212-08
(a) WHEREAS, The Wetlands Institute has applied to
Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS,
the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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
213-08
(b) WHEREAS, The Wetlands Institute has applied to
Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS,
the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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
214-08
(c) WHEREAS, The Wetlands Institute has applied to
Legalized Games of Chance Control Commission for a Raffle License, and
WHEREAS,
the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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
15. RESOLUTION NO. 215-08 – AUTHORIZE MAYOR TO
EXECUTE SUBORDINATION OF MORTGAGE – ECONOMIC DEVELOPMENT LOAN – RIO
STATION – On motion by Mayor Doughty 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
FURTHER
RESOLVED, that the appropriate officials are hereby authorized to sign said
subordination of Mortgage.
16. RESOLUTION NO. 216-08 – RELEASE OF TRUST
ACCOUNTS – On motion by Mayor Doughty seconded
by Committeemember DeLanzo 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
17.RESOLUTION NO. 217-08 – AUTHORIZE MAYOR TO
EXECUTE DISCHARGE OF MORTGAGE – HOUSING REHABILITATION GRANT –
BONITA LLOYD – On motion by Committeemember Barry 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
Borrower Mrtg Dated Date Satisfied Sum of Principal
|
Bonnie
Lloyd |
February
14, 1996 |
February
14, 2006 |
$3,252.00 |
FURTHER
RESOLVED, that the appropriate officials are hereby authorized to sign said
Discharge of Mortgage.
18. RESOLUTION NO. 218-08 through 219-08 –
REDUCTION OF PERFORMANCE BOND – FREDERICK LANGFORD (ITEMS A THROUGH B) –
On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
Committeemember Barry abstained.
218-08
(a) WHEREAS, $152,740.00 has been held as a performance guarantee of Frederick
Langford for site improvements at Block 335.01 Lot 6-8, 9.03 located off of
Bayberry Drive in Middle Township , and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $76,865.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $75,875.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
219-08
(b) WHEREAS, $90,180.00 has been held as a performance guarantee of Frederick
Langford for site improvements at Block 335.01 Lot 5 located off of Golf Club
Road in Middle Township , and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $12,858.48 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $77,321.52.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
19. RESOLUTION NO. 220-08 – REDUCTION OF
PERFORMANCE BOND – HOMES BY HADSON LLC. /
WHEREAS, $198,882.00 has been held as a performance
guarantee of Homes by Hadson LLC. c/o Atlantic Land Holdings Inc. for site
improvements at Block 94 Lot 56, 59 , known as Goshen Road in Middle Township ,
and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $69,055.20 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $129,826.80.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Irrevocable Standby Letter of Credit, be
and is hereby reduced to $129,826.80.
20.RESOLUTION NO. 221-08 – AWARD CONTRACT AND
RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – G.T.B.M. -
MAINTENANCE CONTRACT – 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 of the Township of Middle, the governing body thereof, that
the Agreement between G.T.B.M. (formally A.P.S.) and the Middle Township Police
Department for renewal of the Info-Cop Device License GSA, 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 from June 7,
2008 through June 6, 2009.
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
G.T.B.M. (formally A.P.S.)-------- Maintenance Renewal - Info-Cop Device License GSA
---- $6,300.00
21.RESOLUTION NO. 222-08 – 2008-2009 HOTEL/MOTEL LICENSE
APPROVAL – On motion by Mayor Doughty seconded by Committeemember DeLanzo
and passed on roll call, the following resolution was adopted.
WHEREAS, the
WHEREAS, a Hotel/Motel shall be defined for purposes
in connection with this ordinance/license as a type of building or combination
of buildings within the same complex having 4 or more rooms available for
sleeping and lodging to the public for a fee., and
WHEREAS, prior to any person,
operating a Hotel/Motel regulated by this ordinance, said person or entity must
acquire an annual Hotel/Motel License from the Township Clerk by the 1st
of July in each calendar year, and
WHEREAS, prior to the issuance or
renewal of any annual Hotel/Motel License, the applicant for such license shall
have made the payment of delinquent property taxes. The
right of revocation or suspension for non-payment of
property taxes when three (3) or more consecutive quarters are delinquent.
WHEREAS, the annual license fee to
operate a Hotel/Motel within the