Cape May Court House, NJ 

April 1, 2002 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 6:00PM at the Middle Township Municipal Building.  Members present were Mayor Doughty and Committeemember DeLanzo. Committeemember Leusner was absent.  Business Administrator Alexis, Township Clerk Coco and Personnel Director Lochten were present.  Attorney Gorman was absent and Engineer Fittipaldi represented Engineer Orlando.

1.    PROCLOMATION AND PUBLIC RECOGNITION – IAN FABIO.

2.   RESOLUTION NO. 92-02 – DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR PROJECT COSTS FROM PROCEEDS OF DEBT OBLIGATION IN CONNECTION WITH THE AUTHORITY’S PARTICIPATION IN THE 2002 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE FINANCING PROGRAM – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      WHEREAS, the Township of Middle, in the County of Cape May, New Jersey (the “Borrower”) intends to acquire, construct, renovate or install the environmental infrastructure project more fully described in Exhibit A attached hereto (the “Project”), and

      WHEREAS, the Borrower intends to finance the Project with debt obligations of the Borrower (the “Project Debt Obligations”) but may incur and pay for certain costs of the Project (“Project Costs”) prior to the issuance of the Project Debt Obligations with funds of the Borrower which are not borrowed funds, and

      WHEREAS, the Borrower reasonably anticipates that obligations, the interest on which is excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), will b issued by the New Jersey Environmental Infrastructure Trust (the “Issuer”) to finance the Project on a long-term basis by making a loan to the Borrower with the proceeds of the Issuer’s obligations (the “Project Bonds”), and

      WHEREAS, the Borrower desires to preserve its right to treat an allocation of proceeds of the Project Debt Obligations to the reimbursement of the Project Costs incurred and paid prior to the issuance of the Project Debt Obligations as an expenditure for such Project Costs to be reimbursed for purposes of Sections 103 and 141 through 150, inclusive, of the Code.

      NOW THEREFORE BE IT RESOLVED, by the Members of the governing body of the Borrower, in the County of Cape May, New Jersey a follows:

      Section 1.   The Borrower reasonable expects to reimburse its expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with proceeds of its Project Debt Obligations.

      Section 2.   This resolution is intended to be and hereby is a declaration of the Borrower’s official intent to reimburse the expenditure of Project Costs incurred and paid prior to the issuance of the Project Debt Obligations with the proceeds of a borrowing to be incurred by the Borrower, in accordance with Treasury Regulations Section 150.2.

      Section 3.   The maximum principal amount of the Project Debt Obligations expected to be issued to finance the project is $904,000.00.

      Section 4.   The Project costs to be reimbursed with the proceeds of the Project Debt Obligations will be “capital expenditures” in accordance with the meaning of Section 150 of the Code.

      Section 5.   No reimbursement allocation will employ an “abusive arbitrage device” under Treasury Regulation Section 1.148-10 to avoid arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code.  The proceeds of the Project Bonds used to reimburse the Borrower for Project Costs, or funds corresponding to such amounts, will not be used in a manner that results in the creation of “replacement proceeds,” including “sinking funds,” “pledged funds,” of funds subject to a “negative pledge” (as such terms are defined in Treasury Regulations Section 1.148-1) of the Project Debt Obligations or another issue of debt obligations of the Borrower (as defined in Treasury Regulations Section 148).

      Section 6.   All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than the Project Debt Obligations is paid, or (ii) the date the Project is “placed in service” (within the meaning of Treasury Regulations) or abandoned, but in no event more than three (3) years after the date of this expenditure is paid.

      Section 7.   This resolution will take effect immediately.

3.   RESOLUTION NO. 93-02 – TABULATION COMMITTEE – SHELLBAY PUBLIC FISHING PIER – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, Cape May County and State of New Jersey that Township Clerk Sharon Coco, Chief Finance Officer Tracey DeVico, Administrator James Alexis and Engineer Vincent Orlando by and hereby are appointed to tabulate the bids to be taken on May 7, 2002 at 3:30 PM in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

      SHELLBAY PUBLIC FISHING PIER

 

4.   RESOLUTION NO 94-02 – ENDORSING THE NEW JERSEY DEPARTMENT OF TRANSPORTATION PLANS FOR INTERSECTION IMPROVEMENTS AT U.S. ROUTE 9 AND CREST HAVEN ROAD (COUNTY ROAD NO. 609) IN THE TOWNSHIP OF MIDDLE COUNTY OF CAPE MAY, NEW JERSEY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      WHEREAS, the New Jersey Department of Transportation is and has been aware of the traffic problems at the intersection of US Route 9 and Crest Haven Road (County Road No. 609), in the Township of Middle, and

      WHEREAS, the New Jersey Department of Transportation has studied and developed various long-term improvements for said intersection, and

      WHEREAS, the New Jersey Department of Transportation has developed a preferred scheme and has presented this scheme for comments at Public Information Center, held March 21, 2002, at the Middle Township Municipal Building, in Cape May Court House, and

      WHEREAS, the preferred scheme appears to be a reasonable solution to the traffic problems at said intersection, and

      WHEREAS, the Township of Middle desires the New Jersey Department of Transportation to address in the preferred scheme the movement of pedestrians from the County park Athletic Fields on the east side of US Route 9 and the County park/Zoo on the west side.

      NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle hereby endorses the New Jersey Department of Transportation preferred scheme for the proposed improvements at the intersection of U.S. Route 9 and Crest Haven Road (County Road 609) and supports the Department’s efforts in advancing the design and construction of said improvements.

5.   RESOLUTION NO. 95-02 – ACCEPT AND AUTHORIZE MAYOR TO SIGN HOLD HARMLESS AGREEMENT SCHOOLHOUS ASSOCIATES, L.C. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Mayor F. Nathan Doughty be and hereby is authorized to sign the Hold Harmless Agreement of Schoolhouse Office Associates Company.

6.   RESOLUTION NO. 96-02 – APPROVE CHANGE ORDER NO. 1 – DAVIES SPORTS COMPLEX IRRIGATION WELL CONTRACT #3 – LEE RAIN, INC – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the attached Change Order No. 1 Davies Sports Complex Contract #3, by and is hereby approved.

7.   RESOLUTION NO. 97-02 – PUBLIC SALE OF LAND – On motion by Mayo Doughty seconded by Committeemember DeLanzo and passed by majority on roll call, the following resolution was adopted:

        WHEREAS, the local Lands and Building Law (N.J.S.40A-12-1 et seq) authorizes the sale of any real property, capital improvements or interest herein, not needed for public use, and

        WHEREAS, it appears to be in the best interest of the Township of Middle to dispose of certain real property which is not needed for public use, which property is more fully described as in Schedule “A” annexed hereto.

        NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, as follows:

1.        It is hereby determined that the parcels of real property set forth in Schedule “A” annexed hereto are not needed for public use.

2.         Said parcels of real property shall be sold at a public auction sale to be conducted by Tracey DeVico, Temporary Chief Financial Officer, at the Middle Township Hall, Meeting Room, 33 Mechanic Street, Cape May Court House, New Jersey on Wednesday, February 27, 2002 at 10:00 A.M.

3.        A notice of said sale, which notice shall included the entire contents of the Resolution shall be published in the Herald Times in its issues of February 13th and February 20th, 2002.  The general terms and conditions of the sale shall be as follows:

 

A.      The sale of the parcels shall be by public auction highest bidder.  The minimum bid for parcel shall be as specified in Schedule “A” annexed hereto; provided, however, that the right is reserved to reject all bids for said parcels.

B.       The sale of said parcel shall be subject to confirmation by the Township Committee of the Township of Middle.

C.       In the case said parcel to be sold which is less than the minimum size required for development under the Middle Township Zoning Ordinance, and which is without any capital improvements thereon, the sale shall not be confirmed until the owners of each contiguous parcel of land has been given the right to purchase the parcel to be sold, upon the same terms and the same price offered by the highest bidder.

D.      All payments required to be made hereunder may be made by personal check, cash or certified check or any combinations of the foregoing.

E.       A sum equal to 10% of the highest bid for said parcel shall be paid to the Township of Middle by the highest bidder at the time of sale.

F.       In addition to said 10% payment, at the time of the sale the highest bidder shall pay the sum of $124.00 for preparing and recording the Deed.  At time of settlement, the highest bidder shall produce a title insurance policy warranting that the Township is conveying clear title.  The highest bidder may, at the time of sale, request that the Township acquire such title policy for him.  In such event he shall deposit the sum of $230.00 for the preparation charge and $5.25 for each $1,000.00 in excess of $31,000.00 or portion thereof, of the sale price.  All checks shall be made payable to the Township of Middle.

G.       The remaining balance of 90% of the highest bid for said parcel shall be paid to the Township of Middle and must be received by Tracey L. DeVico, Temporary Chief Financial Officer not later than seventy (70) days after the date of the sale.

H.      The deed shall be a Bargain and Sale Deed, and the title to be delivered shall be free and clear of all taxes up to and including the calendar quarter in which the sale takes place.

I.         The title to be delivered shall be under the subject to all easements and right-or way, recorded and unrecorded, whether for utilities or for others.

J.        Unless otherwise specified herein, the purchaser shall be liable for payment of all assessments of any nature against said land.

K.      If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the bidder shall be limited to the return of payments made to the Township of Middle

L.       The Township of Middle will not construct or maintain access roads to any portion of the described property.  The property may not qualify for a building permit, due to lack of water supply, lack of sewer service, lack of access, inadequate lot size or other reason.  The purchases must comply with all applicable zoning, building and health ordinances and regulations and Wetlands Laws.

M.     All references to lots and blocks contained in the attached Schedule are to the lots and blocks as shown on the present Official Tax Map of the Township of Middle.

 

                 1.    BLOCK:  845       LOT(S): 16-20                             2.    BLOCK: 299        LOT(S): 16

                       APPROX SIZE:   125X200                                             APPROX SIZE:   50X200

                       LOCATION:        Detroit Avenue                                LOCATION:        E. Atlantic Avenue                  

                       MINIMUM BID:    $2,500.00                                         MINIMUM BID:    $22,000.00

 

               3.     BLOCK: 1003     LOT(S):   1-13

                       BLOCK:  1010     LOT(S):

                       BLOCK:  1013     LOT(S):   1-43

                       BLOCK:  1019     LOT(S):   35-40

                       BLOCK:  1020     LOT(S):   1-4,7-38

                       BLOCK:  1022     LOT(S):   1-19,21-30

                       BLOCK:  1029     LOT(S):   1-26

                       BLOCK:  1036     LOT(S):   1-20

                       BLOCK:  1039     LOT(S):   10,13-16,18-24

                       BLOCK:  1046     LOT(S):   12-21-24-32

                       BLOCK:  1077     LOT(S):   1-3,20-30

                       BLOCK:  1078     LOT(S):   1-16

                       LOCATION:    Garden State Parkway (Wetlands)

                       MINIMUM BID:    $6,000.00

 

8.   RESOLUTION NO. 98A-02 – CONFIRMATION OF SALE OF LAND – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      WHEREAS, the Township Committee of the Township of Middle, the Governing Body thereof, by proper resolution, directed that a public sale be held in the Municipal Court Room, Middle Township Hall, 33 Mechanic Street, Cape May Court House, NJ, and that certain lands and premises owned by, and situate within the Township of Middle, County of Cape May, State of New Jersey, be sold as follows:

      Resolution No. 190-01 Adopted July 2, 2001 Sale Date: July 25, 2001

      WHEREAS, said sale was held at the above time and place, and said premises were sold to the highest bidder, as follows:

Parcel #11

$5,100.00

Block 834

Lots 1-11

Penns Avenue

Whitesboro

 


WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

Parcel #11

John A & Kathleen Falcone, 55 Bayshore Road, Cape May, NJ  08204

     

      NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby confirmed, and the Mayor and Clerk of the Township of Middle are hereby authorized and directed to convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of all taxes up to and including the calendar quarter during which said sale was held.

 

9.   RESOLUTION NO. 98B-02 – CONFIRMATION OF SALE OF LAND - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      WHEREAS, the Township Committee of the Township of Middle, the Governing Body thereof, by proper resolution, directed that a public sale be held in the Municipal Court Room, Middle Township Hall, 33 Mechanic Street, Cape May Court House, NJ, and that certain lands and premises owned by, and situate within the Township of Middle, County of Cape May, State of New Jersey, be sold as follows:

      Resolution No. 59-02 Adopted February 4, 2002 Sale Date: February 27, 2002

      WHEREAS, said sale was held at the above time and place, and said premises were sold to the highest bidder, as follows:

Parcel #5

$5,000.00

Block 416

Lots 21-22

South 7th Street

Del Haven

 


WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

Parcel #5

Joseph K & Dorothy L Ramowski 116 S 7th Street, Del Haven, NJ  08251

     

      NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby confirmed, and the Mayor and Clerk of the Township of Middle are hereby authorized and directed to convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of all taxes up to and including the calendar quarter during which said sale was held.

 

10. RESOLUTION NO. 99-02 – AMEND DEPOSITORY OF CURRENT ACCOUNTS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      BE IT FURTHER RESOLVED, that Commerce Bank, of New Jersey shall be the depository for the following current funds, of the Township of Middle, for the year 2002, and that all disbursements shall be made by checks signed by the following:

      ACCOUNT                                                               DISBURSEMENT OFFICER

      Accumulated Absences Trust Fund                    Chief Financial Officer

 

11. RESOLUTION NO. 100-02 – EMERGENCY TEMPORARY BUDGET AMENDMENT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed by a majority on roll call, the following resolution was adopted:

      WHEREAS, an emergency condition has arisen and no adequate provision has been made in the 2002 temporary appropriations for the aforesaid purpose, and N.J.S.A. 40A:4-02 provides for the creation of an emergency appropriation for the purpose above mentioned, and

      WHEREAS, the total emergency temporary resolutions adopted in the year 2002 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total $2,331,650.

      NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with N.J.S.A.40A:4-20

1.        An emergency temporary appropriation be and the same is hereby made in the amount of $2,317,550.

2.        That said emergency temporary appropriation shall be provided for in the 2002 budget under the title of :See Attached List

3.        That one certified copy of this resolution be filed with the Director of Local Government Services.

 

GENERAL GOV.

S&W

OE

GENERAL ADMIN

24,500

0

HUMAN RESOURCES