July 17, 2006 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
– On motion by Committeemember DeLanzo seconded
by Committeemember Leusner and passed on roll call, Ordinance No 1233-06 passed
first reading. Second reading, public hearing and consideration for adoption
will be held on 08/21/06 at 6:00 p.m.
7. ORDINANCE NO. 1234-06 – AN ORDINANCE TO AMEND
THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 46 SECTION 46-1 THEREOF, ENTITLED
POLICE DEPARTMENT, ESTABLISHMENT AND ORGANIZATION – On motion by
Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call,
Ordinance No 1234-06 passed first reading. Second reading, public hearing and
consideration for adoption will be held on 08/21/06 at 6:00 p.m. Committeemember
Leusner Abstained.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Dedicated
Trust $ 2,515.14
Current Acct. $ 426,091.80
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between Joseph Kenney and the Township of
Middle for lead testing located at the Former Whitesboro School be and is
hereby ratified and the contract is hereby awarded through the Non-Fair and
Open Process as described in Pay-To-Play Statutes.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
As
the Chief Financial Officer of the
_________________________________________
Tracey
L. Taverner, CFO
WHEREAS,
Ordinance 1009-98 permits application made to the Township of Middle by
charitable organizations to solicit funds in the roadway of the Township of
Middle, and
WHEREAS,
Rio Grande Rescue Squad has submitted an application to the Municipal Clerk
Office, and
WHEREAS,
the dates and times of the charitable solicitation are listed within the
written application submitted by the Rio Grande Fire Company and attached to
this Resolution, and
WHEREAS,
the Chief of Police of the
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee, of the
WHEREAS,
$5,000.00 is being held as a performance guarantee for various street openings
within the confines of the
WHEREAS,
the certified Public Works Manager has conducted his inspection and determined
that all improvements have been completed, and
WHEREAS,
it has been recommended that the performance guarantees for the openings listed
below are released.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
5-06 |
R. Gregory / M. Kauterman |
|
$5,000.00 Cash Bond |
|
26-06 |
Mitchell Nichols / Lentini Contractors |
809 Rte 9 S |
Insurance Bond |
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 license year of 2006-2007:
|
Lic. # |
Applicant |
Tradename |
Location |
Sites |
Fee |
|
3 |
Anisha Hospitality |
Economy Motel |
3172 Rte 9 S |
34 + Man Apt. |
350.00 |
|
4 |
William & Cathy
Simpson |
Court House Motel |
419 Rte 9 North |
17 |
$350.00 |
|
10 |
Donald Richardson |
Hillside Motel |
2007 Rte 9 S |
13 + etc. |
$350.00 |
|
14 |
Robert & Ruth Worth |
Marlee Motel |
1003 Rte 47 S |
13 + House |
$350.00 |
|
15 |
Kathleen Clark |
Meadowbrook Motel |
|
20 + House (3 units) |
$350.00 |
|
16 |
Nayadip LLC |
Offshore Motel |
1801 Rte 47 S |
48 |
$350.00 |
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
NAME |
TITLE |
SALARY |
EFF. DATE |
|
George Lewis Jr. |
P/T Recreation Department |
$9.25 ph |
07/05/06 |
|
Jeff Patnode |
P/T Recreation Department |
$9.25 ph |
06/12/06 |
|
Amanda VanArtsdalen |
PS Telecommunications
Operator P/T |
$13.00 ph |
07/05/06 |
WHEREAS,
$26,000.00 is being held as a Performance Guarantee for AA Way we Go LLC /
Robert Gleason for site plan improvements at Block 1427, Lot 28 (previously
Block 1426 Lot 1.01), also known as 1021 Rte 47 S, Rio Grande 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 Township of Middle,
the governing body thereof, that the Performance Bond No. 90-CQ-6361-0 with
State Farm Fire and Casualty Company
be and is hereby released.
WHEREAS,
$3,902.77.00 is being held as a Performance Guarantee for Rio Mar Properties
LLC. for site plan improvements at Block 1523, Lot 6
(previously Block 1524 Lot 2.04), also known as 4000 Rte 9 South,
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 Township of Middle,
the governing body thereof, that the Cash Bond Account No. 72000 82594 with
Commerce Bank be and is hereby
released.
WHEREAS,
$58,512.00 is being held as a Performance Guarantee for John F. Kiely Jr. for site plan improvements at Block 124, Lot 2,
also known as 920 Rte 9 North, Swainton, 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,
$288,731.17 is being held as a performance guarantee of Quality Environmental
Land Management for site improvements at Block 95.06, Lot 2-26 (old Block 95.06
Lot 14-17), also known as Sand Castle Cove, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $176,258.41 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $112,472.76.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond Account No. 72000 82600 at
Commerce Bank be and is hereby reduced to $112,472.76.
WHEREAS, the Governing Body of Middle Township petitioned the Council on Affordable Housing (COAH) for
substantive certification of its Housing Element and Fair Share Plan on
December 23, 2005; and
WHEREAS,
WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C.
5:80-26.1 et. seq., Middle Township is required to appoint
a Municipal Housing Liaison for the administration of Middle Township’s affordable housing program to enforce the
requirements of N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et.
seq.; and
WHEREAS,
NOW THEREFORE BE IT
RESOLVED, by the Governing Body of Middle Township in the County of Cape
May County, and the State of New Jersey that Jill Zarharchuck
is hereby appointed by the Governing Body of Middle Township as the Municipal Housing Liaison for the
administration of the affordable housing program, pursuant to and in accordance
with Chapter 25 of the Township of Middle.
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 Engineer Vince Orlando be and hereby are
appointed to tabulate the bids to be taken on August 14, 2006 at 3:00p.m. in
the Middle Township Municipal Building, 2ND Floor Conference Room,
33 Mechanic Street, Cape May Court House, NJ for the following:
SPORTS LIGHTING –
WHEREAS,
the Township of Middle has an agreement with Atlantic City Electric to utilize
a portion of their property known as Block 10.02 Lot 1, for ingress and egress only,
and
WHEREAS,
as of June 2006 the referenced License Agreement reached its
renew/termination term, and
WHEREAS,
the term of this License Agreement shall be for a period of one (1) year
commencing June 1, 2006 and terminating May 31, 2007, and from year to year
thereafter as long as mutually agreeable unless terminated under terms as
provided in said agreement, and
WHEREAS,
the Township agrees to pay Atlantic City Electric one hundred ($100.00) dollars
annually for the use of said premise and shall be due on the first day of June
during the original term of this License and any renewal term thereafter.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, of the
As
the Chief Financial Officer of the
_________________________________________
Tracey
DeVico Taverner, CFO
WHEREAS,
the Township of Middle supports the Annual Wings and Water Festival held by the
Wetlands Institute, and
WHEREAS,
the residents of the Township of Middle are permitted to hold an Annual Yard
Sale with no charge to the residents for that weekend only;
NOW,
THEREFORE BE IT RESOLVED, that Township Committee in the Township of Middle,
County of Cape May, do hereby authorize the Annual Free Yard Sale to be held
September 15 through 17 2006 in the Township of Middle
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 ordinance 1135-03 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 $360,000 to finance a portion of the costs of the Tax Map Project
("Tax Map Notes"); 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 $640,000 to finance a portion of the cost of the Revaluation Project
("Revaluation Project Notes"; together with the Tax Map Notes, the
"Prior Notes"); and
WHEREAS,
the Prior Notes mature on July 21, 2006; and
WHEREAS,
it is the desire of the Township to issue its special emergency notes in the
principal amount of up to $720,000, 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 repay the Prior Notes at maturity; and
WHEREAS,
pursuant to the Local Budget 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 2006"
("Notes"), in an aggregate principal amount of up to $720,000, 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 it
reasonably anticipates that the amount of tax-exempt obligations to be issued
by the Township during the period from January 1, 2006 to December 31, 2006,
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.
For purposes of this Section 10, the following
obligations are not taken into account in determining the aggregate principal
amount of tax-exempt obligations issued by the Township: (i) a private
activity bond as defined in Section 141 of the Code (other than a qualified
501(c)(3) bond, as defined in Section 145 of the Code); and (ii) any obligation
issued to refund any other tax-exempt obligation (other than to advance refund
within the meaning of Section 149(d)(5) of the Code) as provided in Section
265(b)(3)(c) of the Code.
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 17th day of July,
2006.Exhibit "A"
|
Ordinance |
Amount of Notes Authorized |
Notes |
Available |
Notes to be |
|
1135-03 |
$600,000 |
$360,000 |
$120,000 |
$240,000 |
|
1161-04 |
800,000 |
640,000 |
160,000 |
480,000 |
Total
|
$1,400,000 |
$1,000,000 |
$280,000 |
$720,000 |
WHEREAS,
N.J.S.A. 40A:5-4 requires that governing body of every local unit to have made
an annual audit of its books, accounts and financial transactions, and
WHEREAS,
The Annual Report of Audit for the year 2005 has been filed by a Registered
Municipal Accountant with the Township Committee and also James Alexis, Township
Clerk, as per the requirements of N.J.S. 40A:5-6, and a copy has been received
by each member of the governing body, and
WHEREAS,
the Local Finance Board of the State of New Jersey is authorized to prescribe
reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34, and
WHEREAS,
The Local Finance Board has promulgated a regulation requiring that the
governing body of each municipality shall by resolution certify to the Local
Finance Board of the State of
General Comments
Recommendations
And
WHEREAS,
the members of the governing body have personally reviewed as a minimum the
Annual Report of Audit, and specifically the sections of the Annual Audit
entitled:
General Comments
Recommendations
As
evidenced by the group affidavit form of the governing body, and
WHEREAS,
such resolution of certification shall be adopted by the governing body no
further than forty-five days after the receipt of the annual audit, as per the
regulations of the Local Finance Board, and
WHEREAS,
all members of the governing body have received and have familiarized
themselves with, at least, the minimum requirements of the Local Finance Board
of the State of New Jersey, as stated aforesaid and have subscribed o the
affidavit, as provided by the Local Finance Board, and
WHEREAS,
failure to comply with the promulgations of the Local Finance Board of the
State of New Jersey may subject he members of the local governing body to the
penalty provisions of R.S. 52:27BB-52 – to wit:
R.S.
52:27BB-52 – “ A local officer of member
of a local governing body
who,
after a date fixed for compliance, fails or refuses to obey an order of
the
director (Director of Government Services), under the provisions of
this
Article, shall be guilty of a misdemeanor and, upon conviction, may be
fined not more than One Thousand Dollars( $1,000.00) or
imprisoned for
not more than one year, or both, in addition shall
forfeit his office.”
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee of the Township of
Middle, hereby states that it has complied with the promulgation of the Local
Finance Board of the State of New Jersey dated July 30, 1968 and does hereby
submit a certified copy of this resolution and the required affidavit to said
board to show evidence of said compliance.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the
Finding
#1:
a. Description:
The audit of trust funds noted the Township has a deficit in the
Municipal Alliance Program of $1,995.92 at December 31, 2005.
b. Analysis:
Trust expenditures were made from the Municipal Alliance bank account
without an available balance and reserve.
c. Corrective Action: There will be no dedicated expenditures
to be made or liability incurred unless there is sufficient balance available
in the proper trust fund reserve account.
d. Implementation Date: July 17, 2006.
Finding
#2:
a. Description:
The Township has not analyzed all trust balances on a periodic
basis. As a result, there are funds
in trust that cannot be identified.
b. Analysis:
There is no periodic analysis of the balances in many of the trust
reserve accounts.
c. Corrective Action: The Township will implement procedures
to periodically reconcile detailed trust fund balances to the trust amounts in
the bank.
d. Implementation Date: July 17, 2006.
Finding
#3:
a. Description:
The Township has a number of trust reserves that are not properly
approved as dedicated funds.
b. Analysis: The Township Committee has not authorized some trust funds by resolution and has not received appr