July 2, 2007
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
Dedicated Trust $ 9,122.10
Current Acct. $ 2,998,936.59
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
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 LITIGATION.
2. The general nature of the subject matter to be
discussed is as follows: MATTERS OF PENDING 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,
Pamela Sheppard has submitted her resignation with an effective date of June 8th,
2007, and
WHEREAS,
it is the policy of
WHEREAS, final payment is requested to be made during the
month of July, 2007, 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
Pamela
Sheppard
Vacation Hours 74.75 1,151.15
WHEREAS,
Greg Arnold has submitted his retirement forms with an effective date of July
1, 2007 and
WHEREAS,
it is the policy of
WHEREAS,
final payment is requested to be made during the months of January, May, and
September during the years of 2008, 2009, 2010, 2011, 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
Gregg
Arnold
Sick Days 240.5 56,832.56
Balance Due $56,832.56
WHEREAS,
Lynne Davis has submitted her resignation with an effective date of June 15th,
2007, and
WHEREAS,
it is the policy of
WHEREAS, final payment is requested to be made during the
month of July, 2007, 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
Lynne
Davis
Vacation Days 7.75 614.50
Personal Days 3.00 237.87
Easter 1.00
79.29
Comp Hours 1.50 16.99
Total
948.65
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 $240,000 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,
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 Revaluation
Project; and
WHEREAS,
the Township has heretofore issued its special emergency notes in the principal
amount of $480,000 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 20, 2007; and
WHEREAS,
it is the desire of the Township to issue its special emergency notes in the
principal amount of up to $440,000, 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 2007" ("Notes"), in an aggregate
principal amount of up to $440,000, 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, 2007 to December 31, 2007,
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 2nd day of July, 2007.
Exhibit "A"
|
Ordinance |
Amount of Notes Authorized |
Notes |
Available |
Notes to be |
|
1135-03 |
$600,000 |
$240,000 |
$120,000 |
$120,000 |
|
1161-04 |
800,000 |
480,000 |
160,000 |
320,000 |
Total
|
$1,400,000 |
$720,000 |
$280,000 |
$440,000 |
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 persons
be and hereby are appointed to fill the positions at the salary opposite their
name:
|
NAME |
SALARY |
EFF. DATE |
|
Megan Orlando |
$10.50ph |
6/16/2007 |
|
Julianna Abbattista |
$10.50ph |
6/16/2007 |
|
Stephanie Ballman |
$10.50ph |
6/16/2007 |
|
Sean Berry |
$10.50ph |
6/16/2007 |
|
Rebecca DeFeo |
$10.50ph |
6/16/2007 |
|
Paula Zeiss |
$10.50ph |
6/16/2007 |
|
Steven Gurdiel |
$10.50ph |
6/16/2007 |
|
James Herron |
$10.50ph |
6/16/2007 |
|
Molly Dyer |
$10.50ph |
6/16/2007 |
|
Necheala Pierce |
$10.50ph |
6/16/2007 |
|
Lynsey Venturini |
$10.50ph |
6/16/2007 |
|
Gabe Arnold |
$10.50ph |
6/16/2007 |
|
Kelly Heckler |
$10.50ph |
6/16/2007 |
|
Nichole Roberson |
$10.50ph |
6/16/2007 |
|
Vaughn Wilson |
$10.50ph |
6/16/2007 |
|
Kimberly Ballman |
$10.50ph |
6/16/2007 |
|
Lauren Karstens |
$10.50ph |
6/16/2007 |
|
Lori Flemming |
$10.50ph |
6/16/2007 |
|
|
$10.50ph |
6/16/2007 |
|
Laurianne Flemming |
$10.50ph |
6/16/2007 |
|
Lynsey Venturini |
$10.50ph |
6/16/2007 |
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
|
NAME |
TITLE |
SALARY |
EFF. DATE |
|
Wally Carty |
Recreation Attendant P/T |
$12.39 ph |
06/24/2007 |
WHEREAS,
Joseph Giannattasio was called to Military Training effective June 15, 2007, and
WHEREAS,
he is being placed on a military absence for a period of June 15, 2007 and July
9 through July 12, 2007, 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
WHEREAS,
R.S. 40A: 4-87 provides the Director of the Division of Local Government
Services to approve the insertion of any Special Item of Revenue in the budget
of any Municipality when such item shall have been made available by law and
the amount whereof was not determined at the time of adoption of budget, and
WHEREAS,
said Director may also approve the insertion of an appropriation for an equal
amount.
NOW
THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of
the Township of Middle, County of Cape May and State of New Jersey, hereby
requests the director of Local Government Services to approve the insertion of
additional items of revenue in the budget of the year 2007 in the sum of:
WalMart
- Police -- FY 2007
-- $ 5,000.00
BE
IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under
the following caption:
WalMart
- Police -- FY 2007
-- $
5000.00
WHEREAS,
the several Gravel Pit Permit Renewal applications listed below have been found
to be in proper form, and the fee paid in each case, and
WHEREAS,
the Township Committee finds and concludes that the excavation and soil removal
work originally authorized has been in continuous operation during the period
of the permit and has been performed in accordance with the conditions under
which the original permit was granted, and
WHEREAS,
the Township Engineer undertook an inspection of the subject premises and has
stated in his letter, we recommend all licenses to be provided for this
period, and
NOW
THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby
renewed for the calendar year 2007 and this permit is subject to the rules and
regulations as set forth in the code of the Township of Middle known as Chapter
132, further amended by Ordinance NO. 1255-07 (adopted April 2, 2007):
|
NO. |
NAME OF LICENSE |
BLOCK/LOT |
ACREAGE |
FEE |
|
4 |
Earthworks Associates |
98/2 |
35.37 |
600. |
FURTHER
RESOLVED, that the above licenses be issued upon the conditions set forth by
the Township Engineer in the letters attached to each License.
WHEREAS,
$37,419.00 has been held as a performance guarantee of Stephen Wisely for site
improvements at Block 99.02 Lot 152, also known as 415 Rte 9 N, CMCH, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $19,524.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $17,895.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Irrevocable Letter of Credit Number 1086
with Cape Savings Bank be and is hereby reduced to $17,895.00.
WHEREAS,
$104,197.75 has been held as a performance guarantee of Randall Goodman for
site improvements at Block 48 Lot 7.02, also known as Rte 47 N, Dias Creek, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements having
a value of $35,129.89 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $69,067.86.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond with Commerce Bank be and is
hereby reduced to $69,067.86.
BE
IT RESOLVED, by the Township Committee of the
FURTHER
RESOLVED, that a copy of this resolution shall be forwarded to the Zoning
Official, Code Enforcement Officer, local Police Department, Public Works
Department and responsible fire district for their notification of the event.
WHEREAS,
Ordinance 1009-98 permits application to made to the Township of Middle by
charitable organizations to solicit funds in the roadway of the Township of
Middle, and
WHEREAS,
Middle Township Ambulance Corp has submitted an application to the Municipal
Clerk dated April 15, 2007, and
WHEREAS,
the dates and times of the charitable solicitation are listed within the
written application submitted by the Middle Township Ambulance Corp and
attached to this Resolution, and
WHEREAS,
the County of Cape May, via Resolution 397-07 endorsed the Middle Township
Ambulance Corp soliciting contributions along the Stone Harbor Boulevard,
County Road #657 and Rte 9, and
WHEREAS,
the Chief of Police of the Township of Middle has reviewed the application of
the Middle Township Ambulance Corp and has determined that there is no public
safety reason for the Township of Middle to deny this application, and
WHEREAS,
the State of New Jersey Department of Transportation has also approved said
application.
NOW,
THEREFORE, BE IT RESOLVED by the Township Committee, of the
WHEREAS,
the Cape Regional Medical Center Auxiliary has applied to Legalized Games of
Chance Control Commission for Raffle Night, and
WHEREAS,
the location will be at, 2 Stone Harbor Blvd, CMCH, NJ 08210, otherwise known
as Cape Regional Medical Center, has been approved by the Middle Township
Committee as an Amusement Game Zone, and
WHEREAS,
the Department of Law and Public Safety, Division of Consumer Affairs,
Legalized Games of Chance Control Commission, determines fees and rules of
conduct,
WHEREAS,
the proper application and fee have been received.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
WHEREAS,
the Cape May County 4-H Foundation has applied to Legalized Games of Chance
Control Commission for a Raffle License, and
WHEREAS,
the location will be at, 355 Court House South Dennis Road, CMCH (Fairgrounds)
has been approved by the Middle Township Committee as an Amusement Game Zone,
and
WHEREAS,
the Department of Law and Public Safety, Division of Consumer Affairs,
Legalized Games of Chance Control Commission, determines fees and rules of
conduct,
WHEREAS,
the proper application and fee have been received.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that Raffle Night October 12, 2007 at the location
of 355 Court House South Dennis Road, CMCH, NJ 08210 to be held from 8-8:30pm
is hereby approved.
BE
IT RESOLVED, by the Township Committee of the Township of Middle, the governing
body thereof, that authorization to apply for the 2007 State Body Armor
Replacement Fund be and is hereby approved.
FURTHER RESOLVED, that Police Chief Joseph Evangelista is
named as the Contact Person and that the appropriate officials are hereby
authorized to sign said documents.
WHEREAS,
the
WHEREAS,
the United States Postal Service and 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
Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson,
Chief Finance Officer Tracey Taverner, and be and hereby are appointed to
tabulate the bids to be taken on Tuesday, August 7, 2007 at 10:00 AM in the
Middle Township Municipal Building, 2ND Floor Conference Room, 33
Mechanic Street, Cape May Court House, NJ for the following:
CONSTRUCTION OF WHITESBORO
POST OFFICE / ADDITION TO
FURTHER RESOLVED, that a pre-bid meeting will be held on Tues