July 18, 2005 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
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Dedicated Trust $ 23,115.22
Current Acct. $ 3,156,871.55
WHEREAS,
the Local Budget Law, Chapter 169 of the Laws of the State of New Jersey, as
amended and supplemented ("Local Budget Law") authorizes, inter
alia, municipalities to adopt ordinances
authorizing special emergency appropriations for the preparation of a tax map;
and
WHEREAS, the Township Committee ("Committee") of the Township
of Middle, County of Cape May, New Jersey ("Township"), has duly and
finally adopted an ordinance appropriating the sum of $600,000 to pay the costs
associated with the preparation of a tax map for the Township ("Tax Map
Project"); and
WHEREAS,
Section 55 of the Local Budget Law, N.J.S.A. 40A:2-55, authorizes the Township
to issue special emergency notes to finance the costs of the Tax Map Project;
and
WHEREAS,
the Township has heretofore issued its special emergency notes in the principal
amount of $480,000 to finance the costs of the Tax Map Project ("Prior Tax
Map Notes"); and
WHEREAS,
the Prior Tax Map Notes mature on July 22, 2005; and
WHEREAS,
the Local Budget Law authorizes, inter alia,
municipalities to adopt ordinances authorizing special emergency appropriations
for a complete program of revaluation of real property in the Township
("Revaluation Project"); and
WHEREAS,
the Township Committee has duly and finally adopted ordinance 1161-04
appropriating the sum of $800,000 to pay the costs associated with the
Revaluation Project; and
WHEREAS,
the Township has heretofore issued its special emergency notes in the principal
amount of $800,000 to finance the cost of the Revaluation Project ("Prior
Revaluation Project Notes"); and
WHEREAS,
the Prior Revaluation Project Notes mature on July 22, 2005; and
WHEREAS,
it is the desire of the Township to issue its special emergency notes in the
aggregate principal amount of up to $1,000,000, as further described in Exhibit
"A", the proceeds of which, together with other available funds in
the amount of $280,000, will be used to:
(i) repay the principal of the Prior Tax Map
Notes at maturity; and (ii) repay the principal of the Prior Revaluation
Project Notes at maturity; and
WHEREAS,
pursuant to the Local Bond Law and the ordinances, it is the intent of the Township
Committee to hereby authorize, approve and direct the issuance and sale of such
special emergency notes, to ratify and confirm certain actions heretofore taken
by or on behalf of the Township, and to make certain related determinations and
authorizations in connection with such issuance and sale.
NOW,
THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLE,
COUNTY OF CAPE MAY, NEW JERSEY (NOT LESS THAN TWO-THIRDS OF THE MEMBERS THEREOF
AFFIRMATIVELY CONCURRING), PURSUANT TO LOCAL BUDGET LAW, AS FOLLOWS:
Section 1. Pursuant to
the Local Budget Law, the issuance of special emergency notes of the Township,
to be designated, substantially, "Township of Middle, County of Cape May,
New Jersey, Special Emergency Notes of 2005" ("Notes"), in an
aggregate principal amount of up to $1,000,000, is hereby authorized, approved,
ratified and confirmed.
Section 2. The Chief
Financial Officer, with the assistance of the law firm of Parker McCay P.A., Bond Counsel, is hereby authorized and directed
to award and sell the Notes at a public or private sale at a price of not less
than par, and to deliver the same to the purchaser thereof upon receipt of the
payment of the purchase price thereof.
Section 3. At
the next meeting of the Township Committee after the sale of the Notes, the
Chief Financial Officer is hereby authorized and directed to report, in
writing, to the Township Committee, the principal amount, rate of interest and
the name of the purchaser of the Notes.
Section 4. The Notes
shall be dated the date of delivery thereof and mature no later than one year
from said date. The Notes will not be
subject to redemption prior to maturity.
The Notes may be renewed from time to time, but shall be paid and mature
in accordance with the provisions of Section 55(b) of the Local Budget Law,
N.J.S.A. 40A:4-55(b).
Section 5. The Notes
shall be issued in bearer form in denominations of $100,000 or greater. The Notes shall be executed in the name of
the Township by the manual or facsimile signatures of the Mayor and Chief
Financial Officer, and shall be under the corporate seal of the Township
affixed, imprinted, or reproduced thereon, and attested by the manual or
facsimile signature of the Township Clerk or Deputy Township Clerk.
Section 6. The Notes
are ultimately payable from ad valorem
taxes that shall be levied upon all taxable real property in the Township
without limitation as to rate or amount.
Section 7. The
Township hereby covenants that it will not make any use of the proceeds of the
Notes or do or suffer any other action that would cause: (i)
the Notes to be "arbitrage bonds" as such term is defined in Section
148(a) of the Internal Revenue Code of 1986, as amended ("Code"), and
the Regulations promulgated thereunder; (ii) the
interest on the Notes to be included in the gross income of the owners thereof
for federal income taxation purposes; or (iii) the interest on the Notes to be
treated as an item of tax preference under Section 57(a)(5) of the Code.
Section 8. The
Township hereby covenants as follows: (i) it shall
timely file, or cause to be filed, with the Internal Revenue Service, such
information report or reports as may be required by Sections 148(f) and 149(e)
of the Code; and (ii) it shall take no action that would cause the Notes to be
"federally guaranteed" within the meaning of Section 149(b) of the
Code.
Section 9. The
Township hereby covenants that it shall make, or cause to be made, the rebate
required by Section 148(f) of the Code in the manner described in Treasury
Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1,
1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions
may be modified insofar as they apply to the Notes.
Section 10. The Township
hereby designates the Notes as "qualified tax-exempt obligations" as
defined in and for the purposes of Section 265(b)(3)
of the Code. For purposes of this designation, the Township hereby represents
that: (i)
during the period from January 1, 2005 through and including the date hereof,
the Township has not issued or designated tax-exempt obligations in an amount
which, when added to the aggregate principal amount of the Notes, exceeds
$10,000,000; and (ii) the Township reasonably anticipates that the amount of
tax-exempt obligations to be issued by it during the period from January 1,
2005 to December 31, 2005, and the amount of obligations designated as
"qualified tax-exempt obligations" by it, will not exceed $10,000,000
when added to the aggregate principal amount of the Notes.
Section 11. All actions
heretofore taken and documents prepared or executed by or on behalf of the
Township by the Mayor, Chief Financial Officer, Township Clerk, other Township
officials or by the Township's professional advisors, in connection with the
issuance and sale of the Notes are hereby ratified, confirmed, approved and
adopted.
Section 12. The Mayor,
Chief Financial Officer and Township Clerk are hereby authorized and directed
to determine all matters and execute all documents and instruments in
connection with the Notes not determined or otherwise directed to be executed
by the Local Budget Law or by this or any subsequent resolution, and the
signatures of the Mayor, Chief Financial Officer or Township Clerk on such
documents or instruments shall be conclusive as to such determinations.
Section 13. All other
resolutions, or parts thereof, inconsistent herewith are hereby rescinded and
repealed to the extent of any such inconsistency.
Section 14. This
Resolution shall take effect immediately upon adoption this 18th day of July,
2005.
NOW
THEREFORE BE IT RESOLVED by the Township Committee of the Township, the
governing body thereof, that the titles of the following employees be changed
as follows:
|
NAME |
PREVIOUS TITLE |
AMENDED TITLE |
EFF DATE |
|
Daniel Simpson |
Mechanic |
Senior Mechanic |
06/27/2005 |
|
Merrill Fowle |
Laborer |
Mechanic Helper |
06/27/2005 |
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
NAME |
TITLE |
SALARY |
EFF. DATE |
|
Paul Shelton |
Recreation Attendant P/T |
$9.85 ph |
06/25/2005 |
|
Michael Foltz |
Laborer |
$18,720.00 |
06/27/2005 |
|
Walter Pinkstone |
Public Works Dept. |
$18,720.00 |
07/11/2005 |
BE
IT RESOLVED, by the Township Committee, the Governing Body of the
EMPLOYEE DEPARTMENT EFFECTIVE
|
Frank Marrs |
Public Works |
June 24, 2005 |
|
Kellie Anderson |
Public Safety
Telecommunications |
July 1, 2005 |
|
Jay Gaskill |
Public Works |
July 8, 2005 |
WHEREAS,
Frank Marrs has submitted his resignation with an
effective date of June 24th, 2005, and
WHEREAS,
it is the policy of
WHEREAS, final payment is requested to be made during the
month of July, 2005, 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
Frank
Marrs
Vacation Days 1.50 112.05
Personal Days .50 37.35
Easter Holiday 1
74.70
Balance
Due $124.10
I
certify that the above figures are a true accounting of this time based solely
on the documentation provided by the personnel department and that sufficient
backup documentation is available for inspection.
________________________________ June 28, 2005
Tracey
DeVico Taverner, CFO
WHEREAS,
Resolution 215-05 was approved at the 5/2/05 Township Committee Meeting
WHEREAS, incorrect dates were listed on said Resolution 215-05 and corrected
dates are April 21, 2005 through June 24, 2005
NOW
THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the
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 request for an
intermittent Family Leave for Tracey Taverner beginning 6/27/05, consisting of
60 days, to be utilized in full prior to 4/29/06, is hereby approved.
WHEREAS,
Robert Hodges had requested to be place on paid, utilizing accumulated vacation
days, Family Medical Leave effective June 6, 2005 until a note was received by
his family physician, and
WHEREAS, due to the meeting schedule and holidays was unable to have the
resolution read and approved prior to this date, and
WHEREAS,
Mr. Hodges has since returned to work effective June 27, 2005 and once again
was unable to have a resolution authorizing the return approved due to timing.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle,
County of Cape May, New Jersey, that this resolution shall constitute as
approval for both leave and return under the Family Medical Leave Act for
Robert Hodges and he is hereby further authorized to return to the Township of
Middle for employment.
WHEREAS,
$5,868.00 is being held as a Performance Guarantee for CCC Trivest
Inc. for site plan improvements at Block 326, Lot 5.01 & 7, also known as
Gateway Shores Senior Center or Rte 9 South, Cape May Court House, and
WHEREAS, the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
WHEREAS,
$156,642.30 is being held as a Performance Guarantee for New Vista Corporation
and/or Dennicourt Development for site plan
improvements at Block 99.02, Lot 53.02, also known as 421 Rte 9 North, and
WHEREAS, the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
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
NOW THEREFORE BE IT RESOLVED, by the Township Committee of
the Township of Middle that Robert Dave Layton is hereby temporarily reassigned
to Facilities and Maintenance with the same salary effective June 27, 2005
during the absence of William Everingham, and
FURTHER RESOLVED, that Mr. Layton shall return to his
permanent position at the Public Works Department at the return of William Everingham from Family Medical Leave.
FURTHER
RESOLVED, that the following salary shall be amended following their 90 day
work period:
|
NAME |
TITLE |
WAGE |
EFF. DATE |
|
Nicole Canova |
PS Telecommunications PT |
$13.00ph |
05/24/2005 |
|
Ronald Miller |
PS Telecommunications PT |
$13.00 ph |
05/24, 2005 |
WHEREAS,
Resolution No. 264-05 approved the Family Medical Leave for Beulah Myers until
August 4, 2005, and
WHEREAS, a request has been made to amend that leave to end on July 16,
2005 instead, pending doctors note.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the
WHEREAS,
the several Hotel / Motel license applications listed below have been found to
be in proper form, and the fee paid in each case.
NOW,
THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby
authorized for the calendar year of 2005:
|
Lic. # |
Applicant |
Tradename |
Location |
Sites |
Fee |
|
1 |
Amandeep Hotel Inc. |
|
|
9 + Man Apt. |
$350.00 |
|
3 |
Isha Hospitality |
Country Motel |
1604 Rte 47 S |
28 |
$350.00 |
|
5 |
Marion Monroe |
Dutchmans Motel |
1077 Rte 47 S |
11 |
$350.00 |
|
7 |
Priyavadan Patel |
Green Acres Motel |
1031 Rte 47 S |
16 +House |
$350.00 |
|
6 |
Anisha Hospitality LLC |
Economy Motel |
3172 Rte 9 S |
34 + |
$350.00 |
|
7 |
Priyavadan Patel |
Green Acres Motel |
1031 Rte 47 S |
16 +House |
$350.00 |
|
8 |
Shree Khodiar LLC. |
Simpson Motel |
1507 Rte 47 S |
19 +House |
$350.00 |
|
11 |
Seven Oceans Hosp. |
Hyland Motor |
|
34 + Man Apt. |
$350.00 |
|
14 |
Robert & Ruth Worth |
Marlee Motel |
1003 Rte 47 S |
13 +House |
$350.00 |
|
16 |
Rupket LLC. |
Offshore Motel |
1801 Rte 47 S |
48 |
$350.00 |
|
17 |
Nelson Rossi |
Sea Gull Motel |
905 Rte 47 S |
11 |
$350.00 |
|
19 |
John Lanczinger |
Shelton Motel |
1410 Rte 47 S |
22 |
$350.00 |
|
20 |
Jai Shree
Jalar |
Silver Birch Motel |
1019 Rte 47 S |
10 |
$350.00 |
|
22 |
Whispering Woods Inc. |
Whispering Woods |
535 Rte 47 S |
28 |
$350.00 |
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 Township
Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief
Finance Officer Tracey Taverner, and Township Engineer Vincent Orlando be and
hereby are appointed to tabulate the bids to be taken on August 10, 2005 3:00pm
in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court
House, NJ for the following:
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, of the
|
ACCT. NO. |
OWNER |
BLK / |
AMOUNT |
|
15454 |
Edward & Anne OHara |