June 5, 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
1. ROSS CONSTRUCTION
2. TRI-COUNTY SUPPLY
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Dedicated
Trust $
2,997.27
Current
Acct. $ 2,101,879.12
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
WHEREAS,
Volunteer Fire Co. #1 of Middle Township has applied for approval to sell
alcoholic beverages at a benefit to be held in the parking lot of Fire Co. #1
(10 South Boyd Street), CMCH, on August 26, 2006 from 7:00 pm to 10:00 pm, and
WHEREAS,
they have provided proper documentation to the
NOW,
THEREFORE BE IT RESOLVED, that the Township Committee, in the
WHEREAS,
the Township of Middle approved a certain Easement and Right of Way agreement
dated September 26, 1988 (with a preparation date of October 26, 1987, Revised
January 8, 1988) with Mario G. Olivieri (now owned by Robert S. Olivieri), and
WHEREAS,
the Easement and Right of Way granted the Township a sewer easement loved on
certain real property identified as Block 1510 Lot 11 and Block 1516 Lot 6 ,
and
WHEREAS,
it has been deemed necessary to amend said agreement by relocating the Easement
area in order to relocate the sewer pipe to permit the construction of new
structures upon the property in accordance with the terms and conditions set
forth on the attached exhibit.
NOW
THEREFORE BE IT RESOLVED by the Township Committee of the
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
WHEREAS, the
WHEREAS, the Atlantic Joint Insurance Fund has
advised that in order to cover the Municipal Skateboard Park Facility under the
Township’s various insurance coverage’s, it requires the adoption
by ordinance or resolution of various rules and regulations concerning use of
the Skateboard Park Facility by members of the public; and
WHEREAS, under the direction of the Middle
Township Recreation Program Administrator and the Middle Township Recreation
Advisory Commission, various rules and regulations governing the use of the
municipal parks have been promulgated; and
WHEREAS, the
rules and regulations required by the Atlantic County Joint Insurance Fund have
been reviewed by the Recreation Program Administrator, and by the Recreation
Advisory Commission, and in addition to those regulations, the Recreation
Commission has developed additional rules and regulations that it deems
necessary and appropriate so as to provide a safe environment for individuals
using the skateboard park facility; and
WHEREAS, the rules and regulations have been
promulgated by the Recreation Program Administrator, the Recreation Advisory
Commission and the Recreation Commission (annexed hereto as Exhibit
“A”, “B” and “C”) have been reviewed by the
Governing Body of the Township of Middle and are deemed appropriate for
approval; so
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the
1. All of the allegations of the preamble are
incorporated herein by this reference, hereto, as though the same,
were set forth at length.
2. Rules and regulations governing the use of the
Township of Middle Skateboard Park Facility, that are annexed hereto as
Exhibits “A”, “B” and “C” are approved.
3. That the
4. The Recreation Program Administrator and such other
municipal officials as are necessary and appropriate are hereby authorized to
take such actions as are necessary and appropriate to implement this
resolution.
WHEREAS, the
WHEREAS, the Township of Middle has
located, within the Carl Baker Building at the Clarence Davies Complex, offices
for the staffing of Recreation Department Administration; and
WHEREAS, the Township Recreation
Program Administrator has a permanent office located within the
WHEREAS, the Governing Body of the
Township of Middle recognizes that the staff of the recreation department
assigned to the Clarence Davies Complex are present between the hours of 9:00
AM and 9:00 PM; and
WHEREAS, the Skateboard Park Facility
is located at the opposite side of the parking lot, in front of the Carl Baker
Building at the Clarence Davies Complex; and
WHEREAS, the Township Committee of
the Township of Middle does not feel it necessary to have continual supervision
at the Skateboard Park because supervision is on the property known as the
Clarence Davies Complex between 9:00 AM and 9:00 PM; so
NOW, THEREFORE, BE IT RESOLVED by
the Governing Body of the
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
NAME |
TITLE |
SALARY |
EFF. DATE |
|
David Barraclough |
P/T EMT |
$10.60 ph |
05/08/2006 |
|
Walter Belles |
P/T EMT |
$10.60 ph |
05/08/2006 |
|
Steve Smearman |
P/T EMT |
$10.60 ph |
05/08/2006 |
|
Denise Bose |
Recreation Attendant P/T |
$12.23 ph |
05/15/2006 |
|
April Mulligan |
P/T PS Telecommunications
Operator Trainee |
$10.23 ph |
06/05/2006 |
|
Kimberly Carpenter |
P/T PS Telecommunications
Operator Trainee |
$10.23 ph |
06/05/2006 |
WHEREAS, First American Real Estate Tax
Service made payment on property known as
Block 938
lot 8 (formerly lot 34) which they thought was owned by Amy E. Kersch but is actually owned by Larry W. Spaulding, in the amount of
$763.69 and a refund in the same amount should be made payable to the following
in the amount of $763.69.
Refund
Payable and sent to:
First American Real Estate Tax Service
8435
ATTENTION:
JANINE ARMSTRONG FOR CHASE OUTSOURCING TEAM 3
BE
IT RESOLVED by the Township Committee of the Township of Middle, County of Cape
May, that the Chief Financial Officer be instructed to draw checks in the above
noted amounts payable to the above mentioned parties, as a refund of 2005 AND
2006
taxes.
BE
IT FURTHER RESOLVED that a certified copy of this resolution be given to the
Chief Financial Officer of the
WHEREAS,
military absence for Joseph Giannattasio was approved
on January 1, 2006 via Resolution No. 25-06 for a period from January 4, 2006
through February 7, 2006, and
WHEREAS,
Joseph Giannattasio was called to Military Training
effective June 12, 2006, and
WHEREAS,
he is being placed on a military absence until June 16, 2006, and
WHEREAS,
N.J.S.A. 38A: 4-4 requires Government Entities to pay organized militia on
military leave for a period not to exceed ninety (90) workdays (see attached
Statute).
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 Joseph Giannattasio be granted Military Leave from June 12 through
the 16th for a combined period of not more than ninety (90) workdays
(complete) with pay and the balance of leave to be unpaid until the following
calendar year.
WHEREAS,
the Township of Middle, County of Cape May, and State of New Jersey contains a
place where an Agricultural Fair and Exhibition organized for the purpose of
holding Agricultural Fairs and Exhibitions which is approved by the State
Department of Agriculture, and
WHEREAS,
proper applications have been made to the
THEREFORE
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of
Cape May and State of New Jersey that the Amusement Games applicants are hereby
licensed by the Township of Middle pursuant to the "Amusement Games
Licensing Law" for the games mentioned in said applications for the period
of July 20, 2006 through July 22, 2006 at the Cape May County 4-H Fairgrounds, Dennisville Rd. Cape May Court House, NJ.
WHEREAS,
the Township of Middle, County of Cape May, and State of New Jersey contains a
place where an Agricultural Fair and Exhibition organized for the purpose of
holding Agricultural Fairs and Exhibitions which is approved by the State
Department of Agriculture, and
WHEREAS,
proper applications have been made to the
THEREFORE
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of
Cape May and State of New Jersey that the Amusement Games applicant is hereby
licensed by the Township of Middle pursuant to the "Amusement Games
Licensing Law" for the games mentioned in said applications for the period
of July 20, 2006 through July 22, 2006 at the Cape May County 4-H Fairgrounds, Dennisville Rd. Cape May Court House, NJ.
BE
IT RESOLVED, by the Township Committee of the Township of Middle, the governing
body thereof, that authorization to apply for the 2006 Domestic Violence
Training Reimbursement Grant be and is hereby approved.
FURTHER RESOLVED, that Police Lt. Christopher Leusner
is named as the Contact Person and that the appropriate officials are hereby
authorized to sign said documents.
BE
IT RESOLVED, by the Township Committee, the Governing Body of the
EMPLOYEE
DEPARTMENT
EFFECTIVE
|
Amanda VanArtsdalen |
PS Telecommunications |
06/05/2006 |
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between Vineland Fireworks Company, Inc. and
the Township of Middle for the fireworks display at the July 4, 2005, Middle
Township Fourth of July Celebration, 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,
$5,000.00 is being held as a performance guarantee for Robert Staley for the
street opening located at 29 N. 12th Street, Del Haven, and
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
guarantee for the above stated project be released.
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
Property
is exempt for 2006
ACCT #
BLOCK
|
17968 |
871 |
6 |
Property Location: |
36.47 |
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,
Green Creek Volunteer Fire Company 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 fire company and attached to this
Resolution, and
WHEREAS,
written request has also been sent to the County of Cape May since the
indicated area falls along a County maintained roadway, and
WHEREAS,
the County of Cape May has granted permission to solicit for funds along said
County roadway subject to conditions set forth in the letter annexed hereto
labeled as schedule “A” , and
WHEREAS,
the Chief of Police of the Township of Middle has reviewed the application of
the Green Creek Fire Company and has determined that there is no public safety
reason for the Township of Middle to deny this application as long as the
special conditions of Cape May County Resolution No. 547-06 are met and also
that volunteers collecting monies wear traffic safety vests.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee, of the
WHEREAS,
certain licensees have filed for renewal of their Alcoholic Beverage License
for one (1) year beginning July 1, 2006, and
WHEREAS,
the said applications are in due and proper form with the fee of $600.00 for
each Plenary Retail Consumption License; $600.00 for each Retail Distribution
License; $150.00 for each Club License and no objection filed and all $200.00
State Filing Fees received and forwarded,
THEREFORE
BE IT RESOLVED, that the Township Committee, the Governing Body of the
BE
IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the
Township of Middle, County of Cape May and State of New Jersey, issue to Mattera's Liquor, 0506-44- 003-005 and Acme Markets Inc.
0506-44-013-002; Plenary Retail Distribution License.
BE
IT FURTHER RESOLVED, that the Township Committee, the
Governing Body of the
BE
IT FURTHER RESOLVED, that the Township Committee, the
Governing Body of the
BE
IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by
the Clerk if the Township of Middle in accordance with the rules and
regulations of the State Department of Alcoholic Beverage Control and
appropriate Ordinances of the Township of Middle.
WHEREAS,
the Township of Middle has solicited for bids on November 7, 2006 via
Resolution No. 592-05, and later rejected via Resolution No. 87-06,and
WHEREAS,
the Township once again solicited for bids on February 6, 2006 via Resolution
No. 75-06 to accept bids on March 7, 2006. No bids where received on such a
date therefore constituting the rebid of said project
to be received on April 20, 2006.
WHEREAS,
the only bid submitted by Nextel Communications of MidAtlantic,
Inc. failed to meet the minimum specifications as set forth in the bid
documents, 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
WHEREAS,
the Township of Middle has solicited for bids on November 7, 2006 via
Resolution No. 592-05, and later rejected via Resolution No. 87-06,and
WHEREAS,
the Township once again solicited for bids on February 6, 2006 via Resolution
No. 75-06 to accept bids on March 7, 2006 whereas no bids where received, and
WHEREAS,
the project was rebid on April 20, 2006, and
WHEREAS,
the only bid submitted by Nextel Communications of MidAtlantic,
Inc. failed to meet the minimum specifications as set forth in the bid
documents and therefore it was further rejected on June 6, 2006 as Resolution
No. 280-06, and
WHEREAS,
Title 40A:11-5.3 permits the governing body of the Township of Middle to
negotiate and award a contract based on the bid specifications being
advertised, prior to, on two separate occasions receiving no bids or high bids.
NOW THEREFORE BE IT RESOLVED, by the
Township Committee, of the Township of Middle, County of Cape May, State of New
Jersey, the governing body thereof, that the Clerk/Business Administrator James
Alexis, be hereby authorized to negotiate on behalf of the Township with
contactors to provide and install all services, materials, and labor specified
for said project..
FURTHER
RESOLVED, that prior to the award of any contract, based on these negotiations,
a contract shall be presented to Township Committee for final approval.
WHEREAS,
the governing body of the Township of Middle desires to further the public
interest by obtaining a loan from the New Jersey Economic Development Authority
in the amount of $300,000.00 to support small businesses located in Middle
Township through the Economic Development Council, and
WHEREAS,
the governing body resolves that F. Nathan Doughty, or the successor to the
office of Mayor, along with James Alexis, Township Clerk/ Business Administrator
is authorized (a) execute a loan agreement with the State and (b) to execute
any amendments thereto.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
FURTHER
RESOLVED, that the
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 be and is hereby appointed to fill the
following position for the term of office opposite their name:
NAME
POSITION EFFECTIVE
|
Vera Kalish |
MSI Records Coordinator |
06/05/2006 |
|
Kathy Meers |
MSI Planning Coordinator |
06/05/2006 |
|
Rick Ceglarski |
Additional MSI Planning
Coordinator |
06/05/2006 |
WHEREAS,
the Township of Middle wishes to renew an Agreement with the County of Cape May
for the resale of gasoline and diesel fuel as part of a commodity resale
system, and
WHEREAS,
the County of Cape May owns and operates fuel storage and dispensing facilities
for its own needs that are maintained by the County Road Department, and
WHEREAS,
as a matter of comity and in the interest of sparing taxpayers from a needless
duplication of expensive fuel storage and dispensing facilities which are
already in being at the County of Cape May level, the County is willing to
grant the request subject to certain terms and conditions addressed in the
Agreement attached hereto and made part hereof.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee, of the Township Middle,
As
the Chief Financial Officer of the Township of Middle, I acknowledge the sum of
$ NOT TO EXCEED $125,000.00
has been bid for the following service or items gasoline .It is
further certified that sufficient funds are available from the following
appropriation or ordinance to cover this contract: 6-01-31-460-460-475.
WHEREAS, the
WHEREAS, said
membership terminates as of January 1, 2007 unless earlier renewed by agreement
between the municipality and the FUND; and
WHEREAS, the
NOWTHEREFORE BE IT RESOLVED as follows:
1. The Township of Middle agrees to renew its membership
in the FUND and to be subject to the Bylaws, Rules and Regulations, coverages and operating procedures thereof as presently
existing or as modified from time to time by lawful act of the FUND.
2. The
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between Oliver Alarm Systems and the Township
of Middle for monitoring of the fire alarm system locates 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,
the Elwell family has requested permission to
temporarily locate a 40x8 trailer at their location at 700 Bayshore
Road, Del Haven, otherwise known as Block 419 Lot 2, for a period not to
exceed six (6) months while improvements are being made on
their existing home.
NOW THEREFORE BE IT RESOLVED, by the
Township Committee of the
FURTHER
RESOLVED, that approval of said trailer is contingent upon compliance with
safety requirements set forth by the Construction Official and compliance with
all other regulatory agencies.
BE
IT RESOLVED, by the Township Committee of the Township of Middle, the governing
body thereof, that approval TO ACCEPT a grant award in the amount of $8,821.00
from the United States Homeland Security via the Federal Commercial Equipment
Direct Assistance Program, otherwise known as CEDAP, be and is hereby approved.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized to sign any and
all documentation in connection therewith.
WHEREAS, The Police and Fire Interest
Arbitration Act of 1995 provides for interest arbitration to be the final step
in the collective bargaining process for Police and Fire; and
WHEREAS, this Act:
a) requires the arbitrator to determine the “net
economic change” to be awarded, thereby encouraging arbitrators to select
compromises from the final positions of the employers and unions for numerous
economic issues;
b) amends criteria to be used by the arbitrators to
include two references to the State CAP Law, and
c) expands criteria concerning the impact of the
arbitrators award on the ability of the governing body to maintain or expand
existing programs or initiate new ones; and
WHEREAS, The
Binding Arbitration Process is intended to support local government by arriving
at award decisions equitable to all involved parties, including Police and
Fire, Municipal Officials, taxpayers and other municipal employees; and
WHEREAS,
despite the economic constraints suggested in the guidelines noted above, for
the 10 year period from January 1996 through December 2005, arbitration awards
exceeded both the CAP Law limitation and the Consumer Price Index (CPI) by 50%;
and
WHEREAS, Excessive Binding Arbitration awards are
clearly a major factor causing the rapidly increasing municipal property taxes
throughout New Jersey; and
WHEREAS, the high salaries now paid to Police are
causing municipalities to curtail other desired services and to give lower
salary increases to other employees to off-set Police salary increases; and
WHEREAS, the
New Jersey State League of Municipalities has proposed that the State
Legislature amend the Interest Arbitration Law to limit awards to the amount of
the annual CAP limitation.
NOW THEREFORE BE IT RESOLVED that the Mayor and Committee of Middle Township
supports the N.J.L.M.’s position on this matter
and requests the New Jersey State Legislature to amend the Police and Fire
Interest Arbitration Act to limit binding arbitration awards for all economic
issues combined to an amount on a department basis that does not exceed the
annual CAP Law limitation.
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
NOW
THEREFORE BE IT RESOLVED, by the
1.)
The public shall be excluded from the discussion of an action upon the
hereinafter specified matter: MATTERS OF PENDING AND/OR POTENTIAL LITIGATION
AND CONTRACT NEGOTIATION
2.)
The general nature of the subject matter to be discussed is as follows: MATTERS
OF PENDING AND/OR POTENTIAL LITIGATION
3.)
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.
WHEREAS,
it was deemed necessary and desirable to solicit for bids for the Bike Path
Project Phase II, and
WHEREAS,
the Township received bids on April 7, 2006 at 3pm for said project, and
WHEREAS,
NJSA 40A:11-24 delegates the time table for making awards and returning
deposits, and
WHEREAS,
statute states that the contracting unit shall award or reject the contract in
no case more than 60 days after receipt, except that the bidders who consent
thereto at the request of the contracting unit, be held for consideration for
such longer period as agreed, and
WHEREAS,
all bid security, except the security of the three apparent lowest responsible
bidders, shall be returned, unless otherwise requested by the bidder, and
WHEREAS,
the Township of Middle is scheduled to award the contract for the Bike Path
Project Phase II by June 6, 2006 and does hereby wish to exceed said time frame
for an addition sixty (60) days, and
WHEREAS,
the Township has received written consent from the three lowest bidders to do
so.
NOW
THEREFORE BE IT RESOLVED, by the Township of Middle, County of Cape May, State
of New Jersey, that the Township of Middle is hereby authorize to extend the
award time for the above referenced project for sixty (60) additional days.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the mayor and/or Deputy Mayor is hereby
authorized to sign the treatment works application, Soil Conservation, Request
for Authorization, CAFRA Application, and any additional forms as necessary,
for the Satt Blvd Project.
WHEREAS,
$64,699.00 held as a performance guarantee of F & F Developers for site
improvements at Block 99.02, Lot 6.03, 11, 13, 14, 15, also known as Siegtown Road, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $15,000.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $ 49,699.00
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Tri-Party Allocation Category Agreement be
and is hereby reduced to $49,699.00.
WHEREAS,
$339,530.30 held as a performance guarantee of JKT Partnership for site
improvements at Block 99.02, Lot 35.01, also known as Rte 9 North &
Parkway, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $136,868.70 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $ 202,661.60
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Tri-Party Allocation Category Agreement be
and is hereby reduced to $202,661.60.
WHEREAS, the Township Committee has
previously instituted a Fair and Open Process for the award of contract
pursuant to N.J.S.A. 19:44A-20.4 et.seq., and
WHEREAS, the Township Committee has
followed the procedures that it has previously set forth for the award of
specific contracts; and
WHEREAS, the Township Committee has solicited proposals,
and has publicly opened each proposal submitted, and has considered each
proposal in light of criteria previously established by the Township, and has
made a decision on each proposal submitted in light of those criteria;
NOW THEREFORE BE IT RESOLVED, by the
Township Committee of the
A. Rent
Leveling Board Solicitor – AWARDED; Christopher Robertson
B. Lead
Inspection for housing rehab – AWARDED; Joseph T. Kenney
C.
Structural Consulting & Design Engineers – AWARDED; Marino
& Irick
D.
Economic Development and Grant Administrator Consultants –
AWARDED; Triad Associates
BE
IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute contracts
with each of the above-mentioned individuals as necessary, to be followed with
a resolution of award and certification.
As
the Chief Financial Officer of the Township of Middle, I acknowledge the sum of
$ various has been bid for
the following service or items various It is further certified that sufficient
funds are available from the following appropriation or ordinance to cover this
contract: various.
_________________________________________
Tracey
DeVico Taverner, CFO
George
Swickla – requesting police supervision at the
end of North Beach Ave. Underage drinking and drugs. Maybe possible curfew
enforcement
Mayor
Doughty – will look into it.