Cape May Court House, NJ

March 17, 2003 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, Clerk/Business Administrator Alexis, Attorney Gorman, Engineer Orlando, Deputy Clerk Kimberly Tomkinson.

 

 

 

1.          ORDINANCE NO. 1125-03 – VACATING PORTIONS OF WILWOOD AVENUE, CENTRAL AVENUE AND MAURICE AVEUNE AS SHOWN ON SHEET 29.02 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1125-03 was adopted on motion by                        seconded by                   and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.  --- TABLED---

 

2.          ORDINANCE NO. 1126-03 – BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND ACQUISITION OF EQUIPMENT FOR THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY; APPROPRIATING THE SUM OF $2,982,000.00 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,452,900.00; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTIONS WITH THE FOREGOING – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1126-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/07/2003 at 6:00 p.m.

 

3.          RESOLUTION NO. 104-03 – TEMPORARY CAPITAL BUDGET - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle, County of Cape May, desires to establish a 2003 Temporary Capital Budget to permit various capital improvements,

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

SECTION 1.

The 2003 Temporary Capital Budget of the Township of Middle is hereby constituted as follows:

 

                                                                                              Capital

                                              Estimated             Improvement                                                    Debt

Project                           Cost                                  Fund                     Grants                 Authorized

 


Radio Communications -

Police Dispatching Center     $     1,200,000                  $      60,000                 $                        $ 1,140,000

 

Community Center Addition -

Martin Luther King Center           1,450,000                         52,500                   400,000                  997,500

 

Renovations to Township Hall

Including HVAC upgrades              275,000                         13,750                                                 261,250

 

Acquisition of Playground

Equipment                                         57,000                            2,850                                                          54,150

 

                                             $    2,982,000                  $       129,100             $     400,000          $    2,452,900

               

SECTION 2.

The Township Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey

SECTION 3.

The aforementioned capital project shall be included in the 2003 Permanent Capital Budget as adopted.

 

 

4.          RESOLUTION NO. 105-03– AUTHORIZING THE TRANSFER OF PRINTERS FROM THE TOWNSHIP OF MIDDLE TO THE COUNTY OF CAPE MAY - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle currently owns two (2) IBM AS/400 compatible printers, model No. 4234, and

WHEREAS, the Township of Middle no longer has an interest in utilizing these printers and is about to declare these printers surplus,

WHEREAS, the County of Cape May has declared interest in these two (2) printers.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization for transfer of the above illustrated printers is hereby approved.

 

5.          RESOLUTION NO. 106-03 – CONFIRMATION OF LAND SALE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo 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.: 45-03K                             Adopted: February 3, 2003                  Sale Date:  February 27, 2003

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 #  5                    $800.00   Block:  897                             Lots:  18 & 30

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

Parcel #  5   Robert & Monica Farrow Jr.   413 W Scott St, Cape May Ct Hse NJ 08210                                  

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.

 

6.          RESOLUTION NO. 107-03 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner 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.

 

7.          RESOLUTION NO. 108-03 – AUTHORIZING RICHARD CEGLARSKI TO SIGN ROAD OPENING PERMIT APPLICATIONS IN THE ABSENCE OF ADMINISTRATIVE DIRECTOR OF PUBLIC WORKS ROBERT HODGES - On motion by Mayor Doughty           seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, when a Road Opening Permit Application is submitted to the office of the Municipal Clerk, both the Clerk and the Administrative Director of Public Works must approve the application in order for it to become valid, and

WHEREAS, due to the absence of the Robert Hodges, Administrative Director of Public Works, it is deemed necessary for the Township of Middle to designate someone to complete this task.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Richard Ceglarski is hereby designated to sign Road Opening Permit Applications in the absence of Robert Hodges, Administrative Director of Public Works.

 

8.          RESOLUTION NO. 109-03 – LOCAL PUBLIC CONTRACT – ADMINISTRATIVE ASSISTANCE – TRIAD – SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION – KING CENTER PROJECT - On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 Duties – Triad – Small Cities Community Development Block Grant – 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.

 

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $______________  has been bid for the following service or items__________________        It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.

PO#________________________________________.

 

_________________________________________

Tracey D. Taverner CFO

 

9.          RESOLUTION NO. 110-03 – LOCAL PUBLIC CONTRACT – MICHAEL J. LANG – APPRAISAL SERVICES – GREEN CREEK PUMPING STATION - 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 person is hereby appointed to the position designated below.

Michael J. Lang – Appraisal Services – Green Creek Pumping Station

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.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $______________  has been bid for the following service or items__________________        It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.

PO#________________________________________.

 

_________________________________________

Tracey D. Taverner CFO

 

10.      RESOLUTION NO. 111-03 – RATIFY INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MIDDLE AND THE COUNTY OF CAPE MAY – ANIMAL SHELTER SERVICES - 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 attached Interlocal Agreement for Animal Shelter Services between the Township of Middle and the County of Cape May, be and is hereby ratified.

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

 

11.      RESOLUTION NO. 112-03 – APPOINTMENT – NEW HIRE – EMS PART-TIME - 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

Judith Bickel

EMS Part-Time

$10.66 per hour

03/07/2003

 

12.      RESOLUTION NO. 113-03 – CLOSED SESSION – MATTERS OF LITIGATION - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the section of the Open Public Meetings Law, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Township Committee of the Township of Middle, the governing body thereof, is of the opinion that such circumstances presently exist,

NOW THEREFORE BE IT RESOLVED, by the Township of Middle, County of Cape May, State of   

New Jersey:

1.        The public shall be excluded from the discussion of an action upon the hereinafter specified matter: MATTERS OF LITIGATION.

2.        The general nature of the subject matter to be discussed is as follows: MATTERS OF LITIGATION It is anticipated at this time the above subject matter will be made public as follows:
      WHEN THE MATTER IS RESOLVED

     4.   This Resolution shall take effect immediately.

 

 

13.      RESOLUTION NO. 114-03 – CONSTITUTING AN AGREEMENT WITH CERTAIN VENDORS FOR PERISHABLE FOODS AS A SUBSISTENCE SUPPLY - On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to evidence an agreement with certain vendors through this resolution and a properly executed purchase order, and

WHEREAS, N.J.S.A. 40A:11-5(1)(e) permits any purchase, contract or agreement to be made, negotiated or awarded without public advertising for bids if the subject matter consists of perishable foods as a subsistence supply, and

WHEREAS, said Township wishes to authorize the Chief Financial Officer to purchase those certain perishable foods from vendors, the listing of which is attached hereto and made a part hereto as Schedule “A”.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that this Resolution together with a properly executed purchase order shall constitute an agreement between the Township of Middle and the attached referenced vendors, and

BE IT FURTHER RESOLVED, that said Township hereby authorizes the Chief Financial Officer to purchase the items specified from said vendors within the noted thresholds, and

BE IT FURTHER RESOLVED, pursuant to the rules of the Local Finance Board of the State of New Jersey that no amount of these Agreements shall be chargeable or certified until such time as goods are ordered or otherwise called for prior to placing the order and a purchase order is issued.

BE IT FURTHER RESOLVED, that the duration of this authorization shall be effective for the year 2003

 SCHEDULE A

          PERISHABLES

 

VENDOR                                               SUM NOT TO EXCEED                      DESCRIPTION

 

Seashore Produce                                                                $500.00                                  Produce

U.S. Foods                                                        $2,500.00                                    Fruit, Vegetables, Meat

Maur Bread                                                           $500.00                                  Breads/Rolls

Acme                                                                  $2,500.00                                    Fruit, Vegetables, Meat,                                                                                                                                                      Bakery

Sugar & Spice                                                       $500.00                                  Danish

Westside Markets                                                               $500.00                                  Fruit, Vegetables, Meat

Wonder Bread                                                      $500.00                                  Bread/Rolls

Seashore Foods                                                $2,500.00                   Fruit, Vegetables, Meat

Sysco                                                                  $2,500.00                   Fruit, Vegetables, Meat

Super Fresh                                                        $2,500.00                   Fruit, Vegetables, Meat

                                                                                                                                                Bakery

14.      RESOLUTION NO. 115-03 – FORECLOSURE GROUP NO. 179 - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following foreclosure group was approved.

 

15.      RESOLUTION NO. 116-03 – FORECLOSURE GROUP NO. 180 - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following foreclosure group was approved.

 

16.      RESOLUTION NO. 117-03 – ACKNOWLEDGEMENT OF RESIGNATION - 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 following resignation listed below is acknowledged.

                EMPLOYEE                                          DEPARTMENT                   EFFECTIVE

Michael Drewnowski

PT Telecommunication Operator

3/11/2003

 

17.      RESOLUTION NO. 118-03 – ENDORSE TWA PERMIT APPLICATION – 1261 ASSOCIATES SUBDIVISION - On motion by Committeemember Leusner 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 Mayor F. Nathan Doughty, Jr. is hereby authorized to sign all permit applications in connection with the TWA permit for the 1261 Associates Subdivision.

 

18.      RESOLUTION NO. 119-03 – APPROVE REQUEST FOR LEAVE WITHOUT PAY – PAMELA SHEPPARD - On motion by Committeemember DeLanzo seconded by Committeemember DeLanzo 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 request for leave without pay for Pamela Sheppard from the dates of March 31, 2003 through April 4, 2003; April 7, 2003 through April 11, 2003 and also April 21, 2003 through April 25, 2003, is hereby approved.

   

19.      RESOLUTION NO. 120-03 – APPOINTMENT – NEW HIRE – TELECOMMUNICATIONS OPERATOR PART TIME - On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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

Joseph G. Reid

Telecommunications Operator P/T

$9.86 per hour

03/17/2003

 

20.      RESOLUTION NO. 121-03 – APPROVING MINUTES FOR PREVIOUS MEETING - 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, the governing body thereof, that the minutes from Township Committee Meeting dated March 3, 2003 are hereby approved.

 

21.      RESOLUTION NO. 122-03 – APPROVING PAYMENT FOR ALL BILLS - 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, the governing body thereof, that payment for all bills is hereby approved.

 

22.      REPORTS – the following offices have submitted their monthly reports; Municipal Courts for the month of February, Treasurer’s office for the month of December, Treasure’s Office for the month of January. These reports are on file in the Municipal Clerk’s Office and are available for inspection upon request.

 

23.      ORDINANCE NO. 1127-03 – AMENDNG SECTION 236-39 OF THE CODE OF THE TOWNSHIP OF MIDDLE On motion by Committeemember Leusner seconded by Mayor Doughty                and passed on roll call, Ordinance No 1127-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/07/2003 at 6:00 p.m.

 

24.      RESOLUTION NO. 123-03– EMERGENCY TEMPORARY APPROPRIATIONS - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2003 temporary appropriations for the aforesaid purpose; and NJSA 40A:4-20 provides for the creation of an emergency appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted in the year 2003 pursuant to the provisions of Chapter 96 PL 1951 (NJSA 40A:4-20) including this resolution total  $85,000.

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

  1. An emergency temporary appropriation be and the same is hereby made in the amount of  $85,000.

That said emergency temporary appropriation shall be provided for in the 2003 budget under the title of: 

                Please see attached list

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

GENERAL GOV.

 

 

 

 

 

 

GENERAL ADMIN.

S&W

 

 

0

 

 

 

OE

 

 

4,000

 

 

HUMAN RESOURCES

S&W

 

 

0

 

 

 

OE

 

 

3,000

 

 

MAYOR & COMMITTEE

S&W

 

 

0

 

 

 

OE

 

 

8,800

 

 

MUNICIPAL CLERK

S&W

 

 

0

 

 

 

OE

 

 

15,500

 

 

CODIFICATION

OE

 

 

0

 

 

FINANCIAL ADMIN

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

AUDIT SERVICES

OE

 

 

0

 

 

GRANTS ADMIN

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

TAX ASSESS

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

TAX COLLECT

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

LIQ. OF T.T.L.

OE

 

 

0

 

 

LEGAL SERVICES

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

COURT

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

PROSECUTOR

S&W

 

 

0

 

 

PUBLIC DEFENDER

S&W

 

 

0

 

 

ENGINEERING

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

BUILDINGS

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

 

 

 

 

 

 

 

LAND USE

 

 

 

 

 

 

ZONING

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

PLANNING BOARD

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

CODE ENFORCE

S&W

 

 

0

 

 

 

OE

 

 

0

 

 

 

 

 

 

 

 

 

INSURANCE