July 15, 2002 Minutes

Cape May Court House, NJ

July 15, 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. ORDINANCE NO 1111-02 – INTRODUCTION – SALARY ORDINANCE - AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call.

BE IT ORDAINED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey as follows:

SECTION 1. The positions listed in the attached schedule are hereby created.

SECTION 2. The salary ranges specified in the attached schedule are hereby adopted for each and every position listed therein. In those cases where only one rate or figure appears in said schedule, said rate or figure shall be the maximum rate of figure applicable to said position. In those cases where a maximum and a minimum salary are hereby established for a position, the exact salary to be paid to the holder of said position shall be as determined from time to time by resolution of the Township Committee.

SECTION 3. The duties to be performed by each person holding any position listed in said schedule shall be those duties as outline in Job Description of New Jersey Civil Service Department.

SECTION 4. In addition to the salaries set forth in said schedule, those employees who have held full time positions for a minimum of five years, as hereinafter defined, shall be entitled to additional compensation as set forth in this section, based upon current salary. The additional compensation to which the employee is entitled on January 1 of any year shall be the additional compensation for the entire year. In determining years of service on January 1 of any year, for the purpose of this Ordinance only, no credit shall be given for less than six full months of service in any year, and credit for a full year shall be given for any year in which the employee served for six full months or more.

Years of Service Additional Compensation (Percent of Annual Salary)

5 years or more 2 %

10 years or more 4 %

15 years or more 6 %

20 years or more 8 %

25 years or more 10 %

Section 4 shall only apply to Township Employees hired before December 31, 1994.

SECTION 5. All other ordinances in conflict or inconsistent with this Ordinance are hereby repealed, to the extent of such conflict or inconsistency.

SECTION 6. This Ordinance shall become effective, retroactive to January 1, 2002 immediately upon final passage and publication according to law.

2. RESOLUTION NO 233-02 – APPOINTMENT OF TEMPORARY CHIEF FINANCIAL OFFICER – TRACEY DEVICO TAVERNER: On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle desires, for the purpose of maintaining financial integrity and efficiency, to appoint a temporary Chief Financial Officer, and

WHEREAS, N.J.S.A. 40A:9-140.13 {f} provides that in the case of a vacancy in the office of the Chief Financial Officer, the governing body may appoint, to serve as temporary Chief Financial Officer, a person who does not yet hold a Chief Municipal Finance Officer Certificate for a period of one (1) year and thereafter subject to reappointment for an additional year, with the approval of the Director of the Division of Local Government Services, and

WHEREAS, the following nomination has been made by Township Committee for appointment to the position of temporary Chief Financial Officer: Tracey DeVico Taverner, to serve as Chief Financial Officer, and

WHEREAS, Township Committee has duly considered the matter and wishes to express its advice and consent.

NOW, THEREFORE, BE IT RESOLVED, by the Middle Township Committee, as follows:

1. The statements of the preamble are incorporated herein by this reference.

2. That Tracey DeVico Taverner be and she is hereby confirmed to the position of temporary Chief Financial Officer, pursuant to N.J.S.A. 40A:9-140.13 (f) for the term provided herein and for an additional one year term with the approval of the Director of Local Government Services.

3. The aforesaid appointment of Tracey DeVico Taverner shall hold such position for one year to begin 8/1/02.

3. RESOLUTION NO 234-02– FORECLOSURE GROUP #178 – TAX SALE CERTIFICATES - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, it appears to be in the best interest of this Township that the attached list of Tax Sale Certificate(s)m designated as foreclosure Group #178, be foreclosed, pursuant to N.J.S. 54:5-104, 29-75 as amended known as the In Rem Foreclosure Act.

NOW, THEREFORE BE IT RESOLVED, by the Township Committee, the governing body of the Township of Middle, a Municipal Corporation of the State of New Jersey, that the Collector be and is hereby directed to forward the list of Certificate(s) to Township Solicitor, Bruce M. Gorman, Esq. To Proceed to Foreclose in Rem, the lands and premises covered by said certificate(s),

4. RESOLUTION 235-02– RELEASE OF PERFORMANCE BOND – JOHN BELL - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted:

WHEREAS, $34,154.00 is being held as a Performance Guarantee for John Bell for site plan improvements at Block 1490, Lot 1, also known as 202 N 6^th Street, Rio Grande, 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. 276540 with Fleet Bank in the name of John Bell be and is hereby released.

5. RESOLUTION NO 236-02 – AUTHORIZE MODIFICATION OF VERIZON WIRELESS PLAN - 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 for Modification of Verizon Wireless Plan for 27 Township cell phones with a projected savings of $3,779.64 the first year, be and is hereby approved.

FURTHER RESOLVED, that the appropriate municipal officials are hereby authorized to sign all documents relating to this program.

6. RESOLUTION NO 237-02- RELEASE OF TRUST ACCOUNTS - On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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.

7. RESOLUTION NO 238-02– CANCELING OUTSTANDING CHECKS – PUBIC ASSISTANCE PETTY CASH FUND - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted

WHEREAS, there are certain checks that have been outstanding in the Middle Township Public Assistance Petty Cash Fund for a period of more than one year, and

WHEREAS, it is the desire of the Municipal Director of Welfare to return these funds to the Middle Township General 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 checks listed on the attached sheet be and hereby are canceled and will be returned to the Public Assistance Petty Cash Fund of the Township of Middle.

8. RESOLUTION NO 239-02– TAX COLLECTOR- EXTENSION OF GRACE PERIOD- - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted

WHEREAS, according to State Statute N.J.S.A. 54:4-67 tax bills must be mailed at least 25 days prior to delinquency date, and

WHEREAS, the 2002 tax bills will be mailed on or before July 25, 2002.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, that the grace period for paying 3^rd quarter 2002 taxes, without interest penalty, be extended to August 20, 2002.

9. RESOLUTION 240-02 – APPROVE VENDOR LICENSE-FAMILY VENDING COMPANY- On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted

WHEREAS, Family Vending Company 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 July 15, 2002 through December 31, 2002.

10. RESOLUTION 241-02 – REFUND OF MONIES – SEWER DEPARTMENT - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, there was an overpayment of funds on Accounts #12029 and #20170, Sandra Harris Richter, Co Trustee for George Harris, in the amount of $115.00 each,

NOW THEREFORE BE IT AGREED, by the Township Committee of the Township of Middle, the governing body thereof, that the Director of Sewer is hereby authorized to make the adjustments to the accounts.

11. RESOLUTION NO 242-02 – APPROVE VENDOR LICENSE-JESSIE MATSINGER - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, Jessie Matsinger 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.

12. RESOLUTION NO 243-02 – APPOINT MUNICIPAL PROSECUTOR TO FILL UNEXPIRED TERM OF JOHN RAUH - On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted

WHEREAS, the resignation of John Rauh has been submitted to the Township of Middle because Mr. Rauh has accepted the appointment of Superior Court Judge,

WHEREAS, this resignation leave vacates the position of Municipal Prosecutor,

NOW THEREFORE, be it resolved that Mary Bittner be appointed to fill the unexpired term of John Rauh until December 31, 2002

13. RESOLUTION NO 244-02 – REJECT BID – GOSHEN SPORTS COMPLEX MAINTENANCE BLDG/RESTROOMS CONTRACT #7 - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, following public advertisement, bids for Goshen Sports Complex Maintenance Bldg/Restrooms Contract #7 were received by the Township of Middle on July 11, 2002 at 3:00 P.M. at the Township Hall, for a second time

WHEREAS, only two bids were received, and

WHEREAS, the bids exceed the budgeted amount for this project, and

WHEREAS, it appears to be in the best interest of the Township to reject the bid

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bids for the Goshen Sports Complex Maintenance Bldg/Restrooms Contract #7 shall be and is hereby rejected

14. REPORTS – The Court Administrator-month of May 2002-$17,202.82; Tax Collector-month of June 2002- $324,271.45; Township Clerk-month of June 2002-$21,579.25; Construction Office-month of June 2002-$20,751.00; Zoning Office-month of June 2002-$13,243.69, paid to Treasurer for General Account.

15. APPROVAL OF MINUTES FROM PREVIOUS MEETINGS - On motion by Committeemember Leusner seconded Committeemember DeLanzo by and passed on roll call, the following resolution was adopted.

16. APPROVAL OF BILLS FOR PAYMENT - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

17. RESOLUTION NO 245-02 - APPROVAL FOR PAYMENT OF TERMINAL LEAVE – MARY BOWEN - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, Mary Bowen has submitted her retirement forms with an effective date of July 1, 200

WHEREAS, it is the policy of Middle Township to compensate retiring employees for accumulated sick,

vacation, and personal time, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time,

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 payment be issued to the employee in the amount referenced below

Mary Bowen

Vacation 31 days @ $84.19/day = $2,609.89

Sick 17 days @ $84.19/day = $1,431.23

Total Due $4,041.12

18. RESOLUTION NO 246-02– CONTRACT – VERIZON INTERNET ACCESS - SET UP CHARGE - On motion by Committeemember Leusner 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.

VERIZON – INTERNET ACCESS SERVICE – SET UP FEES

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.

19. RESOLUTION NO 247-02 – CONTRACT – VERIZON INTERNET ACCESS – MAINTENANCE CHARGE - 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 contrcts, for professional services without advertising for bids, and

WHEREAS, the Township of Middle requires said services and funds are available for said purpose,

VERIZON – INTERNET ACCESS SERVICE – ANNUAL ACCESS FEES

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.

20. RESOLUTION NO 248-02 – APPROVE TEMPORARY TRAILER – JAMES AND TINA ROBERTS ALEXANDER – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted,

WHEREAS, on February 9, 2002, James and Tina Alexander had to vacate their home as a result of toxic mold, and

WHEREAS, they have requested permission to place a trailer on their property while the home is being repaired.

NOW THEREFORE BE IT RESOLVED, that authorization for placement of an emergency trailer be and hereby granted by the Township Committee, the governing body of the Township of Middle.

FURTHER RESOLVED, that the trailer may remain for a six (6) month time period.

PUBLIC PORTION

1. Helen McCaffrey – Questions on Access to Public Records and procedures Township is using with Governors Executive Order.

2. Velma Pombo – Requested update on Environmental Commission

There being no further business, the meeting was adjourned.

____________________________________________

Jim Alexis, Acting Township Clerk