Cape May Court House, NJ

August 5, 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 6:00 PM at the Middle Township Municipal Building.  Members present were Mayor Doughty, Committeemember Leusner and Committeemember DeLanzo.  Acting Clerk/ Business Administrator Alexis, Attorney Gorman, Engineer Orlando and Personnel Director Lochten were present.

1.     PROCLAMATION – National Night Out Against Crime 2002

2.     ORDINANCE NO. 1113-02 – INTRODUCTION -AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OR THE CODE OF MIDDLE TOWNSHIP  - This Ordinance pertains to signs and was introduced on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Second reading, public hearing and consideration for adoption will be held on September 16, 2002 at 6:00 PM.

3.     ORDINANCE NO. 1110-02 – PUBLIC HEARING AND ADOPTION OF ORDINANCE AMENDING CHAPTER 215 OF THE CODE OF THE TOWNSHIP OF MIDDLE  - The purpose of this ordinance is to amend and supplement the addition of the following: Definitions, the term “Public Works Superintendent” as used in this chapter, shall be deemed to include the “Administrative Director of Public Works.”   Following second reading, hearing and consideration for adoption, Ordinance No. 1110-02 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call.  Complete Ordinance is on file in the Clerk’s office.

4.     ORDINANCE NO. 1112-02 – INTRODUCTION OF ORDINANCE VACATING A PORTION OF FIRST AVENUE – This Ordinance was introduced on motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call.  Committeemember Susan DeLanzo abstained.  Second reading, public hearing and consideration for adoption will be held on August 19, 2002 at 6:00 PM.

5.     RESOLUTION #249– RELEASE OF PERFORMANCE BOND – MICHAEL O’NEILL- On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $25,760.51 is being held as a Performance Guarantee for Michael O’Neill for site plan improvements at Block 98, Lot 19.05, also known as 50 Siegtown Road, Cape May Court House and

WHEREAS, the Engineer for the Township of Middle has conducted his inspection and certified that all improvements have been completed, and

       WHEREAS, the Zoning Officer for the Township of Middle has recommended that the performance bond be released, and

  WHEREAS, the Land Use Law of the State of New Jersey (NJS 40:55D-1 et seq) requires such a release upon recommendation by the Township Engineer,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Account No. 466363 with Fleet Bank in the name of Michael O’Neill be and is hereby released.

 

 6.   RESOLUTION #250– ADOPT A SPOT GRANT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed 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 a Mini Grant for the “Adopt a Spot Projects”, be and are hereby awarded to the following:

W.A.S.P. – Pennsylvania Avenue – 8/12/02

W.A.S.P.  – Pennsylvania Avenue -  10/14/02

                                                   

7.     RESOLUTION #251– APPROVE VENDOR LICENSE – WIZARD’S ICE CREAM - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted:

WHEREAS, Wizard’s Ice Cream has applied for a Vendor’s License to operate an ice cream truck in Middle Township,

WHEREAS, proper applications have been made to the Township of Middle, County of Cape May,  State of New Jersey and the proper fees have been paid.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County  of Cape May and State of New Jersey that the Vendor applicants are hereby licensed by the Township of Middle to operate an ice cream truck in Middle Township from August 5, 2002 through December 31, 2002.

 

8.     RESOLUTION #252– APPOINTMENT –  RECREATION ATTENDANT – KING CENTER.  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 Township of Middle, County of Cape May, State of New Jersey, that the following employee is hereby appointed to the following position at the salary opposite their name:

 

NAME

TITLE

SALARY

EFF. DATE

Edward Franchville

Recreation Attendant

$7.50 HR

7/22/02

 

 

 

 

 

 

 

 

 

9.     RESOLUTION #253-  PERFORMANCE BOND – ANDREA DIORIO – HOUSE MOVING - On motion by Mayor Doughty  seconded by  Committeemember DeLanzo and passed on roll call, the following Resolution was adopted:

WHEREAS, $16,111.78  is being held as a Performance Guarantee of Andrea DiOrio for a structure moved to Block 313 Lot 274 also known as 781 Stone Harbor Blvd, and

WHEREAS, the Building Subcode Official for the Township of Middle has conducted his inspection and certified that all improvements have been completed, and

     WHEREAS, the Zoning Official has requested the release of said guarantee.

     NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Account #111399 at Fleet Bank, be and is hereby released.

 

10.   RESOLUTION #254– 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 Township of Middle, the  governing body thereof, that upon request of the Zoning Officer the following balances in the Trust Account as listed on the attached sheets shall be released.

 

11.   RESOLUTION #255–  APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following Resolution was adopted:

WHEREAS, the Middle Township Police Department wishes to apply for funding a project under the Safe and Secure Communities Program and

       WHEREAS, the Middle Township Committee has reviewed the accompanying application and has approved said request, and

       WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the Middle Township Police Department for the purpose described in the application;

THEREFORE, BE IT RESOLVED by the Middle Township Committee that

1)    As a matter of public policy Middle Township Police Department wishes

       to participate to fullest extent possible with the Department of Law and Public Safety.

2)   The Attorney General will receive funds on behalf of the applicant.

3)   The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds.

4)   The Division of Criminal Justice shall initiate allocations to each applicant as authorized.

This is to certify that the foregoing Resolution is a true and correct copy of a Resolution finally adopted at the meeting of the Township of Middle held on the 5th day of August, 2002, and duly recorded in my office; that all requirements of law pertaining to the conduct of said meeting and the passage of this Resolution were observed; and that I am duly authorized to execute this certificate.   Said Resolution was adopted by not less than a two-thirds vote of the members of the Township Committee.

 

12.   RESOLUTION #256– ACCEPTING CORRECTIVE ACTION PLAN – 2001 AUDIT -  - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following Resolution was adopted:  Committeemember Leusner went over each item.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following is hereby accepted as the Corrective Action Plan for the 2001 Audit for the Township of Middle:

Finding #1:

a.  Description:  A number of interfunds were reflected on the various balance sheets at December 31, 2001.  Some prior year balances and current year activity were not returned.

            b.  Analysis:  The interfunds resulted in charges against fund balance in the Current Fund.

            c.  Corrective Action:  That all inter-fund balances be liquidated prior to the end of the year.

            d.  Implementation Date:  August 5, 2002.

       Finding #2:

            a.  Description:  The Township expended funds without Appropriations.  Audit adjustments were

                 required to correct transactions misposted by the previous Chief Financial Officer and Grants

                 were expended prior to being appropriated by Chapter 159.

            b.  Analysis:  The amounts will be raised in the 2002 budget.

            c.  Corrective Action:  That no expenditures be incurred without sufficient current budget

                 appropriation.

            d.  Implementation Date:  August 5, 2002.

       Finding #3:

             a.  Description:  Two employees were paid in excess of the Salary Ordinance and Resolutions.

                  The previous Chief Financial Officer incorrectly established the annual payroll for these

                  Two individuals.

             b.  Analysis:  The amounts are being repaid to the Township through payroll Deduction,

             c.  Corrective Action:  That all employees be paid in accordance with the applicable Salary

                  Ordinance and Resolution.

             d.  Implementation Date:  August 5, 2002.

        Finding #4:

             a.  Payroll transfers were not made in the correct amount or from the proper accounts.  The

                  previous Chief Financial Officer incorrectly transferred payroll on several occasions.

             b.  Analysis:  Interfunds were created and Budget Lines were incorrectly charged.

             c.  Corrective Action:  That all payroll be transferred in the correct amount and from the proper

                  account.

             d.  Implementation Date:  August 5, 2002.

       Finding #5:

             a.  Description:  The Township did not update its Fixed Asset Ledger for 2001.  Lack of attention,

             b.  Analysis:  The Township is in violation of the Division of Local Government Services

                  Technical Accounting Directive.

             c.  Corrective Action:  That the Fixed Asset Ledger be maintained on a current basis.

             d.  Implementation Date:  August 5, 2002.

       Finding #6:

             a.  The previous Chief Financial Officer did not deposit proceeds from Land Sales in April, May,

                  June and July.  Once the new Chief Financial Officer discovered this, the deposit was made

                  intact.

             b.  Analysis:  The Township is in violation of N.J.S.A. 40A:5-15.

             c.  Corrective Action:  That all cash receipts be deposited within 48 hours of receipt.

             d.  Implementation Date:  August 5, 2002.

FURTHER BE IT RESOLVED, that a copy of this Resolution be forwarded to the Department of Community Affairs Division of Local Government Services.

 

13.   RESOLUTION #257– LOCAL PUBLIC CONTRACT – ADMINISTRATIVE ASSISTANCE – AUS/KBA ARCHITECTS-KING CENTER PROJECT- On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following Resolution was adopted: 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, the Township of Middle requires said services and funds are available for said purpose,

       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 person is hereby appointed to the position designated below.

                            Administrative Assistance – AUS/KBA Architects –– King Center Project

       BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

       FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

 

14.   RESOLUTION #258– TABULATION COMMITTEE – HOUSING REHABILITATION CONTRACT #99-7 - 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey that, Temporary Chief Finance Officer Tracey Taverner, Administrator James Alexis, Mark Blauer, Grants Administrative Assistant and Director of Grants Melville Atwood be and hereby are appointed to tabulate the bids to be taken on August 26, 2002 at 10:00 AM in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

HOUSING REHABILITATION GRANT-CONTRACT #99-7

 

15.   RESOLUTION #259- AUTHORIZE APPLICATION - 2002 STATE BODY ARMOR REPLACEMENT FUND - - 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 Township of Middle, the governing body thereof, that approval for the Application for the 2002 State Body Armor Replacement Fund be and is hereby approved.

FURTHER RESOLVED, that Police Captain Joseph Evangelista is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

16.   RESOLUTION #260– CANCELLATION OF TAXES - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted.  CANCELLATION OF 2002 AND 1ST ½  2003 Taxes Due to 100% Permanently and Totally Disabled Veterans.  

ACCT#         BLOCK        LOT        NAME/LOCATION                         2002 taxes        st ½ 2003 taxes

       2048

98

20.01

Stephen McCarthy

Property Location:

48 Siegtown Rd.

1,769.54

  884.77

       5414

328

7

John J. Logsdon

Property Location:

13 Hereford Ave.

1,386.92

  693.46

            CANCELLATION OF TAXES DUE TO TRANSFER OF OWNERSHIP TO MIDDLE

                                                                                                            2002 2nd ½         2003 1st ½

     6838

466.01

37.03

Township of Middle

Property Location: 7 Fulling Mill Rd

5,699.87

5,427.65

 

17.   RESOLUTION #261– REDUCTION OF PERFORMANCE BOND – JOHN P. FORD AND MICHAEL NESTOR -  On motion by  Mayor Doughty  seconded by  Committeemember DeLanzo and passed on roll call, the following Resolution was adopted.

WHEREAS, $101,045.30 is being held as a performance guarantee of John P. Ford and Michael Nestor for site improvements at Block 1435.03, Lot 23.02, also known as 3167 Rt 9 South, Rio Grande and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $41,101.25 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $59,944.05.

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 at Sturdy Savings Bank be and is hereby reduced to $59,944.05

 

18.   RESOLUTION #262– RELEASE OF PERFORMANCE BOND – SAM DELARSO - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following Resolution was adopted.

WHEREAS, $4,124.40 + interest is being held as a performance guarantee for Hand/Adams for the site plan located at Block 1,  Lot 4.05 also known as Rt 47 North, Goshen and

WHEREAS, the Engineer has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, the Zoning Official has 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 Performance Bond #346416, be and is hereby released.

 

19.   RESOLUTION #263– RELEASE OF PERFORMANCE BOND INTEREST – FRANK MCLAUGHLIN – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following Resolution was adopted.

WHEREAS, $24,000.00 that was the original Bond was released on September 17, 2001, and

WHEREAS, $203.83 + additional interest is being held as a Performance Guarantee for Frank McLaughlin for site plan improvements at Block 55.01, Lot 38, also known as Bench Court & Rt 47 North, Cape May Court House and

       WHEREAS, the account balance should be zero,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Account No. 445764 with Fleet Bank in the name of Frank McLaughlin is hereby released.

 

20.   RESOLUTION #264 – CONFIRMATION OF SALE OF LAND -  PARCEL #1, Block 845 Lots 16-20 - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted.

WHEREAS, the Township Committee, the Governing Body of the Township of Middle, by proper resolution, directed that a public sale be held at the meeting room, 33 Mechanic Street, Cape May Court House, N.J., and that certain lands and premises owned by, and situated within the Township of Middle, County of Cape May, State of New Jersey, be sold as follows:

Resolution No.:  97-02           Adopted:  April 1, 2002               Sale Date:  April 30, 2002

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

Premises:

Parcel #1        $2,500.00               Block 845    Lots 16-20

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

Parcel #1         Edward Jones and Burlena Jones             150 Woodland Rd., Newark DE  19702

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.

 

21.   RESOLUTION #265 – CONFIRMATION OF SALE OF LAND – PARCEL #2, BLOCK 920  LOTS 66-69 - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted.

WHEREAS, the Township Committee, the Governing Body of the Township of  Middle, by proper resolution, directed that a public sale be held at the meeting room, 33 Mechanic Street, Cape May Court House, N.J., and that certain lands and premises owned by, and situated within the Township of Middle, County of Cape May, State of New Jersey, be sold as follows:

Resolution No.:  161-02         Adopted:  June 3, 2002                Sale Date:  June 27, 2002

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

Premises:

Parcel #2        $3,000.00               Block 920        Lots 66-69

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

Parcel #2         Charles Patton and Carolyn Patton                      6415 Lawnton Ave., Philadelphia, Pa. 19126

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.

 

22.   RESOLUTION #266– APPROVAL OF SALARY – MARY BITTNER – MUNICIPAL PROSECUTOR - 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, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the salary for the following person be approved:

 

NAME

SALARY

EFFECTIVE DATE

Mary Bittner

$25,000

July 15, 2002

 

 

 

23.   REPORTS – The Treasurer submitted her Summary of Account Reconciliation for the months of April, May and June 2002.  Other monthly reports submitted for July 2002 are the Zoning Office, Construction Office, Clerk’s office, Tax Collector’s Office

24.   APPROVAL OF MINUTES FROM PREVIOUS MEETING - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the minutes of Township Committee meeting of July 19, 2002 were approve.

25.   RESOLUTION #267– AUTHORIZING PUBLIC SALE OF LAND - On motion by Committeemember Leusner seconded by  Committeemember DeLanzo  and passed on roll call, the following Resolution was adopted. 

WHEREAS, the local Lands and Buildings 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 L. DeVico Taverner, Temporary Chief Financial Officer, at the Middle Township Hall, Meeting Room, 33 Mechanic Street, Cape May Court House, New Jersey on Thursday, August 29, 2002 at 10:00 A.M.  A notice of said sale, which notice shall include the entire contents of the Resolution shall be published in the Herald Times in its issue of August 14, 2002 and August 21, 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 the 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 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 $290.00 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 Taverner, Temporary Chief Financial Officer, not later than seventy (70) days after the date of the sale.

H.  The deed shall be as Bargain and Sale Deed, and the title to be delivered shall be free and clear of all taxes and other municipal levies 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-of-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.

N.   Reserved.

26.   DISCUSSION – Treatment works permit application at Avalon Country Club for K. Hovanian Shore Acquisitions, L.L.C. Design Engineer is Applied Water Management, Inc.  Tabled to future date at applicants request.

27.   DISCUSSION – Report from Municipal Engineer on a request to Vacate a portion of Maple Avenue in the Edgewood section of Middle Township.  Bruce has questions – Vince will reach out.

28.   RESOLUTION #268– PARTICIPATE IN CAPE MAY COUNTY AUCTION - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted.

WHEREAS, the local Public Contracts Law (N.J.S.  40A-11-36) authorizes the sale of personal property not needed for public use, and

WHEREAS, the Township of Middle is the owner of excess property not needed for public use, and it appears to be in the best interest of the Township of Middle to dispose of said excess property.

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

1. Said property, as listed, shall be sold at a public auction sale to be conducted by the County of  Cape May at the Cape May County Airport, Lower Township, New Jersey on Thursday, October 3, 2002.

SURPLUS ITEMS: Various abandoned & recovered items as contained on a list filed with the Township Clerk.

 2. A notice of said sale shall be published by the County of Cape May.  Said notice to be published shall contain conditions of the sale as hereinafter set forth, together with the date,  time and place of the sale.

            3. The general terms and conditions of the sale shall be as follows:

                A. The sale of each item shall be by public auction, to the highest bidder.  The right is reserved to reject all bids for any or all items.

                B. The highest bidder for each item shall make payment for same in full at the time of the sale and delivery of each item shall be given to said highest bidder at that time.

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

D. Each sale shall be final at the time of sale without any warranty and without the requirement of confirmation by the Township Committee of the Township of Middle.

           E.  A complete list of all items will be available at Cape May County Purchasing Department, 4 Moore Road, Cape May Court House, New Jersey.

 

29.   RESOLUTION #269 – RATIFY AGREEMENT – VINELAND FIREWORKS COMPANY, INC. FIREWORKS DISPLAY ON AUGUST 6, 2002 AT MIDDLE TOWNSHIP’S 2002 NATIONAL NIGHT OUT - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed 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 the Agreement between Vineland Fireworks Company, Inc. and the Township of Middle for the fireworks display at the August 6, 2002, Middle Township National Night Out event, be and is hereby ratified.

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

 

30.   RESOLUTION  #270 – AUTHORIZING DELAWARE RIVER AND BAY AUTHORITY CONTRIBUTION APPLICATION (GRANT) - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted..

WHEREAS, the governing body of Middle Township desires to further the public interest by obtaining a grant from the Delaware River and Bay Authority in the amount of approximately $250,000.00 to fund the following project: Acquisition of equipment for the Ft. Apache Campground redevelopment from campground to public sports complex.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that F. Nathan Doughty Mayor is authorized to make application for such a grant, and if awarded, to execute a grant agreement with the Delaware River and Bay Authority for a grant in an amount of $250,000.00 .

31.   RESOLUTION #271– REFUND OF TAXES - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following Resolution was adopted.

 REFUND DUE TO ASSESSMENTS LOWERED FOR 2002.

ACCT         BLOCK        LOT              OWNER/LOCATION                            AMOUNT CK#

1307

45

3

Leafey, Margaret S.

21 Lake Side Lane

Sewell, NJ   08080

 

Property Location: 131 Kimbles Beach Rd.

70.04

2422

118.04

7

Buechele, Eugene W. Sr. & Margaret A.

102 Red Rd.

Somerdale, NJ   08083

 

Property Location:  28 Meadow View Lane

23.54

17235

163.01

58.03

Larusso & Tozour LLC

46 Roosevelt Blvd.

Marmora, NJ   08223

 

Property Location:  2 Wyndermere Court

15959

3181

164.01

15.02

White, Bryan J. & Susan L.

5 Pine Ridge Rd.

Cape May Court House, NJ 08210

 

Property Location:  5 Pine Ridge Rd.

Refund Payable to:

 

Former owner

Tompkins Builders as per Title Co of Jersey

P O Box 2358

Cape May, NJ  08204

651.67

5224

313

300

Willis, Gregory J.

15 N Boyd St.

Cape May Court House, NJ  08210

 

Property Location:  801 A Stone Harbor Blvd.

371.00

 

8581

616

22

Harrison, Bobby & Deborah H B

P O Box 79

Whitesboro, NJ   08251

 

Property Location:  806 Scott Street

119.98

11275

901

5

Davis, Marva L.

7809 Mercury Place

Philadelphia, Pa.   19153

 

Property Location:  7 Fishborn St.

28.51

14065

1425.06

15.01

R  & Rd LLC

207 Atlantic Avenue

North Wildwood, NJ  08260

 

Property Location:  1 Centennial Drive

180.37

REFUND DUE TO PAYMENT MADE IN ERROR<