Cape May Court House, NJ

August 19, 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 were present.

 

1.       PRESENTATION – STEVE HAMPTON, DEPUTY COUNTY ADMINISTRATOR - THE COUNTY ANIMAL SHELTER.

Gave Background on the present condition of animal control in Cape May County. Points of Interest

        * County will pay for construction of shelter

        * Location – end of Moore Rd.-MUA Property

        * 1st phase shelter operations $359,000.00

        * 2nd phase shelter operations $475,000.00

        * Middles share $55,408.00 - $76,490.00

        * Need answer by Oct 1st.

        * Hampton will see if county can do any better, but bottom line is he needs those figures to make

           it happen. 

 

2.   RESOLUTION #274-02 – HONORING KEVIN BRAMBLE - On motion by                      seconded       by                             and passed on roll call, the following resolution was adopted

      Kevin Bramble will be here for September 16th meeting.  This will be presented then.

 

3.       PROCLAMATION – FETAL ALCOHOL SYNDROME-Nate read into record.

 

4.       ORDINANCE NO 1111-02 – PUBLIC HEARING AND ADOPTION – SALARY ORDINANCE - ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE –  Following second reading, hearing and consideration for adoption, Ordinance 1111-02 was adopted on motion by  Mayor Doughty seconded by Committeemember Leusner and passed on roll  call.  Complete Ordinance is on file in the Clerk’s Office.              

 

5.       ORDINANCE NO 1112-02 – PUBLIC HEARING AND ADOPTION – VACATING A PORTION OF FIRST AVENUE - Following second reading, hearing and consideration for adoption, Ordinance 1112-02 was adopted on motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call.  Committeemember DeLanzo abstained. Complete Ordinance is on file in the Clerk’s Office. 

 

6.       RESOLUTION #275– RELEASE OF PERFORMANCE BOND – SUNDANCE HOMES - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS,  $6,931.20 + Additional Interest is being held as a Performance Guarantee for Sundance Homes, Inc. for site plan improvements at Block 401, Lot 26, also known as an extension of 14th Street in Del Haven 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. 222283 with Fleet Bank in the name of Sundance Homes, Inc. be and is hereby released.

 

7.       RESOLUTION #276 – APPOINT NEW HIRES – CLERK TYPISTS - On motion by Committeemember Leusner 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

Dawn Perdomo/Tax Collector’s Office

Clerk-Typist

$18,720.00

8/26/02

Jennifer Jackson/Personnel Office

Clerk-Typist

$18,720.00

9/3/02

Elizabeth Simpkins/Tax Assessor Office

Clerk-Typist

$18,720.00

10/1/02

 

 

8.       RESOLUTION #277– AUTHORIZATION TO CLOSE BENNYS LANDING ROAD FOR LUAU - 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 authorization is given to close Bennys Landing Road in Cape May Court House on August 24, 2002 from 4:00 PM to Midnight for the Benny’s Landing Annual Luau.

 

9.       RESOLUTION #278– AUTHORIZE TENT REVIVAL AND PLACEMENT OF 40X60 TENT-NEW CHRIST GOSPEL CHURCH IN WHITESBORO - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Christ Gospel Church of Whitesboro has requested to hold a Tent Revival to be held at the New Christ Gospel Church in Whitesboro and placement of a 40X60 tent on September 26 and 27th, 2002, from 6:30 PM to 9:30 PM, September 28th , 2002 from 10:30 AM to 9:30 PM, and September 29th, 2002 from 10:30 AM to 2:30 PM, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization for a Tent Revival, is hereby given. 

 

10.    RESOLUTION #279–PARTICIPATE WITH CAPE MAY COUNTY MUNICIPAL UTILITIES AUTHORITY IN TIRE AMNESTY,  HOUSEHOLD HAZARDOUS WASTE COLLECTION AND ELECTRONICS RECYCLING PROGRAM FOR THE YEAR 2002 - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS,  the C.M.C.M.U.A. is providing programs and the Township of Middle desires to participate and encourage residents to take advantage of the opportunities to dispose of various waste types at reduced or no cost tipping fees,

WHEREAS,  this program assists with the improvement of the quality of our environment,

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, authorization to participate with the C.M.C.M.U.A. in their Tire Amnesty, Household Hazardous Waste Collection and Electronics Recycling Program for the year 2002.

 

11.    RESOLUTION  #280 – 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: former owner paid 3rd ¼ taxes and the property is now owned by the Township of Middle

                                               

ACCT   BLOCK        LOT             OWNER/LOCATION                               AMOUNT    ck#        

6838

466.01

37.03

Former Owner:

Fort Apache LLC

C/o Thomas Kapp

8 Romney Place

Cape May Court House, NJ 08210

 

Property Location:  7 Fulling Mill Rd

2,849.94

 

Refund due to mortgage company overpayment            

 

4456

226.02

1

Padmore, Stephen C & Karen

 

Property Location: 1 Romney Place East

 

REFUND PAYABLE TO:

First American Real Estate Tax Service

3445 Winton Place St#219

Rochester, N Y 14623

Attn:  New Jersey Team

 

881.90

16783

48

8.18

Bartleson, James D Jr

 

Property Location: 3 Lacivita Drive

 

REFUND PAYABLE TO:

First American Real Estate Tax Service

3445 Winton Place St#219

Rochester, N Y 14623

Attn:  New Jersey Team

 

739.02

4473

226.02

18

Laffey, Michael & Sara Anne

Property Location: 34 Crest Rd

 

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

58 S Service Rd Suite 210

Melville, NY 11747

 

Attn:  New Jersey

901.74

17001

326

5.01

C0127

Cowling, John A

Property Location: 127 Lee Lane

 

 

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

58 S Service Rd Suite 210

Melville, NY 11747

 

Attn:  New Jersey

692.92

12995

1118

7

Grassi, Dominick P & Lori M

Property Location: 600 E Main Ave

 

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

58 S Service Rd Suite 210

Melville, NY 11747

 

Attn:  New Jersey

 

389.06

1862

94

12.11

Jensen, Derek & Sandra E Hamer

Property Location: 104 Goshen Rd

 

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

58 S Service Rd Suite 210

Melville, NY 11747

 

Attn:  New Jersey

 

680.71

13973

1416

11

Clark, Antonia  (formerly Jean Rossman)

Property Location: 14 Teal Rd

 

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

58 S Service Rd Suite 210

Melville, NY 11747

 

Attn:  New Jersey

1,113.83

 

 

 

 

 

 

 

BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May,      that the Temporary Chief Financial Officer be instructed to draw checks in the above noted amounts payable to the above mentioned parties, as a refund of 2002  taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Temporary Chief Financial Officer of the Township of Middle.

 

12.    RESOLUTION #281– AUTHORIZATION TO CLOSE VICTORY DRIVE FOR BLOCK PARTY - On motion by Committeemember Leusner 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 authorization is given to close Victory Drive in Rio Grande on September 1, 2002 from 10:00 AM to 6:00 PM for a “Meet Your New Neighbor” block party.  Rain date will be Sunday, September 8, 2002 for same times.

 

13.    RESOLUTION #282– ENDORSE TWA PERMIT APPLICATION – AVALON COUNTRY CLUB - 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 hereof, that Mayor F. Nathan Doughty, Jr. is hereby authorized to sign all permit applications in connection with the TWA permit for the Avalon Country Club.

 

 

14.    RESOLUTION #283 – IDENTIFYING CDBG FAIR HOUSING OFFICER – FY 2003 SMALL CITIES PROGRAM – ADDITION TO MARTIN LUTHER KING CENTER IN WHITESBORO - On motion by Mayor Doughty seconded by Committeemember DeLanzo  and passed on roll call, the following resolution was adopted.

WHEREAS,  Middle Township is applying for a Small Cities Community Development Block Grant from the New Jersey Department of Community Affairs to construct an addition to the Martin Luther King Community Center in Whitesboro, and

WHEREAS,  Middle Township must make efforts to affirmatively further fair housing; and

WHEREAS, Middle Township has reviewed various actions that would be acceptable to the New Jersey State Department of Community Affairs and the U.S. Department of Housing and Urban Development; and

WHEREAS, Middle Township has made assurances in the grant agreement that:

                (1)  It will comply with the Housing and Community Development Act of 1974, as amended, and

                      regulations issued thereto; and

                (2)  It will comply with the Civil Rights Act of 1964 and the regulations issued thereto it; and

                (3)  It will comply with the Fair Housing Act of 1968 and will affirmatively further fair housing;

                     and

                (4)  It will comply with the Age Discrimination Act of 1975 and with the Rehabilitation Act of

                      1973.

NOW THEREFORE BE IT RESOLVED, that Tracey DeVico Taverner shall be designated as the Fair Housing Officer for Middle Township; and

BE IT FURTHER RESOLVED that the Fair Housing Officer shall provide fair housing advisory     Services and assistance and referral advice to persons requesting such assistance from Middle Township; and

BE IT FURTHER RESOLVED that Middle Township will conduct a public information and outreach campaign to publicize Middle Township’s fair housing services.

 

15.    RESOLUTION #284 – AUTHORIZATION TO APPLY FOR AND OBTAIN A GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS – MARTIN LUTHER KING CENTER EXPANSION IN WHITESBORO - On motion by  Mayor Doughty                    seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Middle Township desires to apply for and obtain a grant from the New Jersey Department of Community Affairs in the amount of approximately $400,000 to carry out a project to renovate and expand the Martin Luther King Community Center in Whitesboro which will principally benefit low and moderate-income residents of the municipality.

BE IT THEREFORE RESOLVED, that Middle Township does hereby authorize the application for such a grant; and upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of said agreement between Middle Township and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith:

 

16.    RESOLUTION #285 – CITIZEN PARTICIPATION PLAN – FY 2003 SMALL CITIES PROGRAMS – PUBLIC FACILITIES FUND – ADOPTION TO MARTIN LUTHER KING CENTER IN WHITESBORO - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. 

Whereas, Middle Township is applying for Small Cities Grants under the Public Facilities Fund and if awarded intends to enter into Grant Agreements with the New Jersey Department of Community Affairs; and

Whereas, these Grant Agreements will require Middle Township to comply with all federal regulations with respect to citizen participation;

NOW, THEREFORE BE IT RESOLVED, by the Mayor and the Township Committee of Middle Township, County of Cape May and State of New Jersey, that:

The Citizen Participation Plan developed by the New Jersey Department of Community Affairs, Small Cities CDBG Program, is adopted by Middle Township; and

Middle Township will follow all regulations set forth in that document throughout the term of the Grant Agreement cited above, if awarded.

 

 

17.    RESOLUTION #286 – RELEASE OF REMAINING ESCROW AMOUNTS FROM DEVELOPERS’ TRUST ACCOUNTS AND TRANSFER TO TOWNSHIP’S GENERAL TREASURY - On motion by Committeemember Leusner  seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, applicants for development projects requiring Zoning Board or Planning Board approvals are required to deposit funds in escrow trust accounts to cover reviews and other services by Board professionals;

WHEREAS, certain said accounts have small balances left in them after payment of all applicable professional fees;

WHEREAS, said accounts may have also accumulated small amounts of interest; WHEREAS, Middle Township code Section 218-48D (and escrow account forms signed by applicants to the Boards) provide that for completed projects with an escrow balance of twenty-five dollars or less (principal and interest) and/or for projects where no request for the return of unused funds has been received from an applicant within a two year period from the date of certification of completeness of the project by the Township Engineer, the said remaining escrow balances shall be transferred to the Township’s general treasury;

WHEREAS, certifications of project completeness have been received from the Township Engineer and the Assistant Zoning Official has prepared a list of the accounts and balances involved which should now be transferred to the Township’s General Treasury;

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the remaining balances in the developers’ escrow accounts on the list attached hereto and made a part hereof shall now be transferred to the Township’s General Treasury.

 

18.    RESOLUTION #287 – AUTHORIZING APPLICATION FOR WETLANDS LETTER OF INTERPRETATION OF FORMER FORT APACHE CAMPGROUND - On motion by  Committeemember Leusner seconded by  Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has acquired the former Fort Apache Campground A.K.A. Block 466.01  Lot 37.03.

WHEREAS, prior to constructing the areas of active recreation, the Wetlands line must be approved by the State of New Jersey Department of Environmental Protection.

NOW, THEREFORE 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 Application for Wetlands Letter of Interpretation of the Former Fort Apache Campground.

 

19.    RESOLUTION #288 – AUTHORIZING AN EXTENSION DEPOSIT AGREEMENT WITH NEW JERSEY AMERICAN WATER COMPANY - On motion by  Mayor Doughty                seconded by Committeemember DeLanzo  and passed on roll call, the following resolution was adopted.

WHEREAS,  for several years the Township of Middle has applied to the State of New Jersey, Department of Community Affairs, New Jersey Small Cities Program for as grant to construct waterlines in Whitesboro,

WHEREAS,  the Department of Community Affairs awarded a grant of $400,000 to the Township of Middle for the construction of 14,775 L.F. of 6”, 8” and 16” water main to serve a portion of the Whitesboro section of the Township.

WHEREAS,  the Department of Community Affairs has approve this Extension  Deposit Agreement as the most cost affective method of engineering and constructing the water main extension,

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Mayor F. Nathan Doughty, Jr. is hereby authorized to sign the Extension Deposit Agreement with the New Jersey American Water Company.

 

20.    CORRESPONDENCE RECEIVED – 2002 NEW JERSEY RIDE FOR AIDS – So noted.

 

21.    RESOLUTION #289- 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.

 

 

22.    RESOLUTION #290– AUTHORIZING THE APPLICATION FOR AND THE EXECUTION OF A SUBCONTRACT WITH THE COUNTY OF CAPE MAY FOR THE MUNICIPAL ALLIANCE PROGRAM - On motion by Committeemember Leusner  seconded by Mayor Doughty         and passed on roll call, the following resolution was adopted

WHEREAS, the State of New Jersey has established a Governor’s Council on alcoholism and Drug Abuse to coordinate the State’s efforts in regard to the planning and provision of treatment, prevention, research, evaluation, and education services for, and public awareness of alcoholism and drug abuse; and

WHEREAS, an Alliance to Prevent Alcoholism and Drug Abuse has been created in the Governor’s Council to set up a network comprised of all communities in New Jersey, which is dedicated to a comprehensive and coordinated effort against alcoholism and drug abuse; and

WHEREAS, a Local Advisory Committee on Alcoholism and Drug Abuse (LACADA) has been established in Cape May County, along with a County Alliance Steering Subcommittee (CASS)  to submit a plan for the expenditure of Drug Enforcement and Demand Reduction funds through distribution to eligible municipalities; and

WHEREAS, the Township of Middle, has appointed a Municipal Alliance Committee, which Committee will identify local needs, and recommend actions designed to deal with alcoholism and drug abuse; and

WHEREAS, the Township of Dennis, has received and is administering “DEDR” grants under the subcontract with the County.

NOW THEREFORE, BE IT RESOLVED, that the Township of Middle does hereby authorize the Township to file an application for such grant funds; to execute any contracts or agreements necessary to obtain the funds, contract/agreements.

BE IT FURTHER RESOLVED, that the Middle Township Municipal Alliance Committee is hereby designated to continue to serve as the Committee required by Section C.26:2BB-9 of the legislation; that the Township of Middle is authorized to execute a new service agreement with said Committee; and, that said Agreement will evidence approval and acceptance of the Committee’s Membership and By-Laws.

BE IT FURTHER RESOLVED, that the Mayor of the Township of Middle is authorized to sign the Application for the 2003 grant funds, and to execute all contracts and agreements necessary to accept the funds and carry out the program in accordance with the State requirements.

BE IT FURTHER RESOLVED, that the total amount of the Contract shall be $29,498; that the total amount of the County Grant shall be $14,749; that the amount of local-in-kind match shall be $11,062; and that the amount of local cash match shall be $3,687.

 

23.    RESOLUTION #291– AUTHORIZE PAYROLL DEDUCTION FOR TOWNSHIP EMPLOYEES ENROLLING IN “NJBEST” - On motion by Committeemember Leusner  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 authorization for Payroll Deduction for Township Employees Enrolling in “NJBEST” is hereby approved.

 

24.    APPROVAL OF MINUTES OF AUGUST 5, 2002 MEETING - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following minutes were adopted for the August 5, 2002 Meeting.

 

25.    REPORTS – The Municipal Court has submitted their monthly report for July 2002.

 

26.    APPROVAL OF BILLS FOR PAYMENT - On motion by Committeemember Leusner              seconded by Committeemember DeLanzo and passed on roll call, the following bills were passed for payment.

 

27.    RESOLUTION #292– AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT PURSUANT TO THE 2002 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM - On motion by Mayor Doughty                     seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle (the “Township”) in the County of Cape May, New Jersey, has determined that there exists a need within the Township to acquire the Project (the “Project”) as defined in each of that certain Loan Agreement (the “Trust Loan Agreement”) to be entered into by and between the Township and the New Jersey Environmental Infrastructure Trust (the “Trust”) and that certain Loan Agreement (the “Fund Loan Agreement”, and together with the Trust Loan Agreement, the “Loan Agreements”) to be entered into by and between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the 2002 New Jersey Environmental Infrastructure Trust Financing Program( the “Program”);

WHEREAS, the Township has determined to finance the acquisition of the Project with the proceeds of a loan to be made by each of the Trust (the “Trust Loan”) and the state (the “Fund Loan”, and together with the Trust Loan, the “Loans”) pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively;

WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute, attest and deliver the Township’s General Improvement Bonds to the Trust in the aggregate principal amount not to exceed $324,500.00 (the “Trust Loan Bond”) and General Improvement Bonds to the State in an aggregate principal amount not to exceed $324,500.00 (the “Fund Loan Bond”, and together with the Trust Loan Bonds, the “Bonds”), pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statues of the State of New Jersey ( the “Local Bond Law”), other applicable law and the Loan Agreements; and

WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of the Loans, the issuance of the Bonds and the execution and delivery of the Loan Agreements, all pursuant to the terms of an Escrow Agreement (the “Escrow Agreement”) to be entered into by and among the Trust, the State, the Township and the escrow agent named therein.

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

Section 1.       The Trust Loan Agreement, the Fund Loan Agreement and the Escrow Agreement (collectively, the “Financing Documents”) are hereby authorized to be executed and delivered on behalf of the Township by either the Mayor or the Chief Financial Officer in substantially the forms attached hereto as Exhibits A, B, and C, respectively, with such changes as the Mayor or the Chief Financial Officer (each an “Authorized Officer”) in their respective sole discretion, after consultation with counsel and any advisors to the township (collectively, the “Township Consultants”) and after further consultation with the trust, the State and their representatives, agents, counsel and advisors ( collectively, the “Program Consultants”, and together with the Township Consultants, the “Consultants”), shall determine, such determination to be conclusively evidenced by the execution of such Financing Documents by an Authorized Officer as determined hereunder. The Township Clerk is hereby authorized to attest to the execution of the Financing Documents by and Authorized Officer of the Township as determined hereunder and to affix the corporate seal of the Township to such Financing Documents.

Section 2.       The authorized Officers of the Township are hereby further severally authorized to (i) execute and deliver, and the Township Clerk is hereby further authorized to attest to such execution and affix the corporate seal of the Township to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers or the Township Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Financing Documents and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such certificate or other documents by the party authorized hereunder to execute such certificate or other document and (ii) perform such other actions as the Authorized Officers deemed necessary, desirable or convenient in relation to the execution and delivery thereof.

Section 3.       This resolution shall take effect immediately.

Section 4.       Upon the adoption hereof, the Township Clerk shall forward certified copies of this resolution to McManimon & Scotland, L.L.C., bond counsel to the Township and Richard T. Nolan, Esq., McCarter & English, LLp, bond counsel to the Trust.

 

 

28.    RESOLUTION – DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $649,000 GENERAL IMPROVEMENT BONDS OF THE TOWNSHIP OF MIDDLE AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY PURSUANT TO THE 2002 NEW JERSEY INFRASTRUCTURE TRUST FINANCING PROGRAM - On motion by Mayor Doughty  seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle (the “Township”) in the County of Cape May, New Jersey, has determined that there exists a need within the Township to acquire the Project (the “Project”) as defined in each of that certain Loan Agreement (the “Trust Loan Agreement”) to be entered into by and between the Township and the New Jersey Environmental Infrastructure Trust (the “Trust”) and that certain Loan Agreement (the “Fund Loan Agreement”, and together with the Trust Loan Agreement, the “Loan Agreements”) to be entered into by and between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the 2002 New Jersey Environmental Infrastructure Trust Financing Program( the “Program”);

WHEREAS, the Township has determined to finance the acquisition of the Project with the proceeds of a loan to be made by each of the Trust (the “Trust Loan”) and the state (the “Fund Loan”, and together with the Trust Loan, the “Loans”) pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively;

WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute, attest and deliver the Township’s General Improvement Bonds to the Trust in the aggregate principal amount not to exceed $247,650.00 (the “Trust Loan Bond”) and General Improvement Bonds to the State in an aggregate principal amount not to exceed $247,650.00 (the “Fund Loan Bond”, and together with the Trust Loan Bonds, the “Bonds”), pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statues of the State of New Jersey ( the “Local Bond Law”), other applicable law and the Loan Agreements; and

WHEREAS, N.J.S.A. 40A:2-27(a)(2) of the Local bond Law allows for the sale of the Trust Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the Trust Loan Bond to the Trust, without any public offering, all under the terms and conditions set forth herein; and

WHEREAS, in connection with the issuance of the Bonds to the Program, the governing body of the Township wishes to authorize the execution of certain certificates and opinions as may be required by the Program or Bond Counsel to the Township (collectively, the “Escrowed Documents”) by the Mayor, Chief Financial Officer, Township Clerk, Counsel to the Township, Project Engineer or Appraiser and/or Bond Counsel to the Township (collectively, the “Township Representatives”) on or before the date when the Township is scheduled to close the loans in escrow with the Program (the “Escrow Closing Date”), such documents to be delivered to Bond Counsel and held by Bond Counsel until such time as the Township authorizes release of the same.

NOW, THEREFORE, BE IT RESOLVED by a 2/3 vote of the full membership of the governing body of the Township as follows:

Section 1.       In accordance with N.J.S.A:40A:2-27(a)(2) of the Local Bond Law and N.J.S.A.58:11B-9(a), the Township hereby sells and awards its (a) Trust Loan Bond in an aggregate principal amount not to exceed $247,650.00 to the Trust in accordance with the provisions hereof and (b) Fund Loan Bond in an aggregate principal amount not to Exceed $247,650.00 to the State in accordance with the provisions hereof. The Bonds have been referred to and described in bond ordinance #16-02 of the Township, which bond ordinance is entitled “Bond Ordinance Providing for Various Capital Improvement, in and by the Township of Middle, in the County of Cape May, New Jersey, Appropriating $1,377,000.00 therefor and authorizing the issuance of $1,308,150.00 Bonds or Notes of the Township to Finance Part of the Cost thereof’, finally adopted by the Township at a meeting duly called and held on May 20,2002, at which a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law.

Section 2.       The Chief Financial Officer of the Township (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the Trust Loan Bond and the Fund Loan Bond:

 

(a)           The aggregate principal amount of the trust Loan Bond and the Fund Loan Bond to be issued;

(b)           The maturity and annual principal installments of the Bonds, which maturity shall not exceed 20 years;

(c)           The date of the Bonds;

(d)           The interest rates of the Bonds;

(e)           The purchase price for the Bonds; and

(f)            The terms and conditions under which the Bonds shall be subject to redemption prior to their stated maturities.

Section 3.               Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Bonds by the parties authorized under Section 4(c) hereof.

Section 4.               The Township hereby determines that certain terms of the Bonds shall be as follows:

 

(a)           The Trust Loan Bond shall be issued in a single denomination and shall be numbered GI-1. The Fund Loan Bond shall be issued in a single denomination and shall be numbered GI-2.

(b)           The Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to both principal and interest in lawful money of the United States of America; and

(c)           The Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Township Clerk.

Section 5.               The Trust Loan Bond and the Fund Loan Bond shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.

Section 6.               The law firm of McManimon & Scotland, L.L.C. is hereby authorized to arrange for the printing of the Bonds, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust and the State for the Program, to arrange for the same. The Township auditor is hereby authorized to prepare the financial information necessary in connection with the issuance of the Bonds. The Township Representatives are authorized to execute any certificates necessary or desirable in connection with the financial and other information, including execution of the Escrowed Documents. Bond Counsel is hereby authorized to accept and hold the Escrowed Documents on or before the Escrow Closing Date and to release the same upon the direction of the Township.

Section 7.               The terms of Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote 2/3 of the full membership of the governing body of the Township.

Section 8.               The Mayor and the Chief Financial Officer are hereby severally authorized to execute any certificates or documents necessary or desirable in connection with the sale of the Bonds and are further authorized to deliver the same to the Trust and the State upon the delivery of the Bonds and the receipt of payment thereof in accordance with the Loan Agreements.

Section 9.               This resolution shall take effect immediately.

Section 10.             Upon the adoption hereof, the Township Clerk shall forward certified copies of this resolution to McManimon & Scotland, L.L.C., bond counsel to the Township, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.

29.    RESOLUTION #294– AUTHORIZING A PUBLIC HEARING PERTAINING TO A SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to apply for a Department of Community Affairs, Small Cities Community Development Block Grant in the amount of $400,000 to expand the Martin Luther King Center, and

WHEREAS, a Public Hearing must be held to receive public comment pertaining to the application for a Small Cities Community Development Block Grant,

NOW, THEREFORE BE IT RESOLVED, that on August 28, 2002 at 7:00 PM, at the Martin Luther King Center, 207 W Main Street, Whitesboro, NJ, a Public Hearing is hereby authorized.

 

30.    RESOLUTION #295– MOTOR VEHICLE DEALERS LICENSE – COLLECTOR CARS, LLC - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Collector Cars, L.L.C. has provided the proper paper work to open and operate a Used Motor Vehicle Dealership, and

WHEREAS, the owner promises not to have in excess of 10 cars for sale at one time at the proposed car lot location at 368 Rt 47 S, Green Creek, New Jersey,

NOW THEREFORE BE IT RESOLVED, the Township Committee in the Township of Middle, does hereby authorize the use of 368 Rt 47 S, Green Creek, New Jersey to be used as a Used Motor Vehicle Dealership.

 

31.    RESOLUTION #296- SOCIAL AFFAIRS PERMIT – THE WETLANDS INSTITUTE-  On motion by Committeemember Leusner  seconded by Mayor Doughty and passed on roll call, the following resolution was adopted

WHEREAS, The Wetlands Institute has applied for approval to sell alcoholic beverages at an affair to be held at The Wetlands Institute, 1075 Stone Harbor Boulevard, on September 20, 2002 from 5:30 pm to 10:00 pm, and

WHEREAS, they have provided proper documentation to the Township of Middle,

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Social Affairs Permit.

 

32.    RESOLUTION #297– SOCIAL AFFAIRS PERMIT – AMERICAN LEGION POST #198 – BEEF & BEER - -  On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted

WHEREAS, The American Legion Post #198 has applied for approval to sell alcoholic beverages at a Beef & Beer to be held at The American Legion Hall, Hand Avenue and Dias Creek Road, CMCH, on October 19, 2002 from 4::00 pm to 8:00 pm, and

WHEREAS, they have provided proper documentation to the Township of Middle,

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Social Affairs Permit.

 

33.    RESOLUTION #298-  APPOINT NEW HIRES – POLICE DEPARTMENT - -  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 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

Leon C. Linthicum, Jr. 

(pre-academy)

Police Officer

$28,046

8/27/02

David W. Hagan          

(pre-academy)

Police Officer

$28,046

8/27/02

 

 

34.    RESOLUTION #299 – PROFESSIONAL SERVICES CONTRACT WITH MC CLYMONT & RAK GEOTECHNICAL ENGINEERS -  On motion by Committeemember Leusner  seconded by         Mayor Doughty 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 entity is hereby appointed to the position designated below for the period beginning August 17, 2002 through completion of the project.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following entity to supply professional services for the period from August 17, 2002 through completion of the project