Middle Township Committee Meeting: Sept. 7, 2016

The Township Committee met on the above date at 6:00 PM at the Middle Township Municipal Building.  Members present were Mayor Clark, Deputy Mayor DeVico, Committeemember Donohue, Township Clerk Kimberly Krauss, Business Administrator Constance Mahon, Municipal Solicitor Frank Corrado, and Township Engineer Marc DeBlasio.

1. PRESENTATION BY THE MAYOR – AUGUST EMPLOYEE OF THE MONTH – JOHN OLIVA

2. PROCLAIMING SEPTEMBER 11- 17, 2016 AS  NATIONAL ASSISTED LIVING WEEK IN MIDDLE TOWNSHIP

3. PROCLAIMING SEPTEMBER 7, 2016 AS MAYOR’S MONARCH PLEDGE DAY IN MIDDLE TOWNSHIP

4. RESOLUTION – ACKNOWLEDGING THE 50^TH ANNIVERSARY OF ATLANTIC CAPE COMMUNITY COLLEGE – On motion by seconded by and passed on roll call, the following resolution was adopted.

WHEREAS, in 1947, the President’s Commission of Higher Education brought the concept of the community-centered school into reality. The community college movement gained impetus throughout the United States during the 1950s with the burgeoning student population that began following World War II; and,
WHEREAS, in Atlantic County, various groups urged that a college be established in this area with the goals of providing an educational service to the entire community, and discovering and developing individual talents at low cost and easy access. The Citizens Centennial Committee on Adult Education for Atlantic City was instrumental in stimulating interest in a local college. The efforts of such groups, combined with those of educators, legislators and individuals, resulted in the passage of the New Jersey State law, which established county colleges in 1962; and,
WHEREAS, following the passage of the New Jersey County College Act, a special committee of County Freeholders and educators prepared a study, which showed the need for such an institution in Atlantic County. In December 1963, the State Department of Education granted approval for the establishment of Atlantic Cape, which became the second college to be organized by the state on April 14, 1964; and,
WHEREAS, Atlantic Cape Community College opened its doors to students in September 1966, using facilities rented from Atlantic City High School and an official ground breaking ceremonies for the College’s initial nine-building complex in Mays Landing was held; and,
WHEREAS, in February 1968, the College moved to its present campus at 5100 Black Horse Pike (U.S. Route 322) in Mays Landing. Since then, the College has added an Academy of Culinary Arts facility, a state-of-the-art STEM building, and is home to a Rutgers University Continuing Education Center; and,
WHEREAS, in 1982, the former Atlantic City Electric Company building, located in Atlantic City, was purchased by Atlantic County for Atlantic Cape. By 1984, a $4 million renovation project transformed the aging building into a beautiful modern facility, known as the Charles D. Worthington Atlantic City Campus; and,
WHEREAS, since 1973, the College has been the main provider of community college education to Cape May County residents, opening the Cape May County Campus in August 2005; and,
WHEREAS, after the New Jersey Higher Education declined Cape May County’s request for an independent college, Cape May County requested a joint proposal with ACC, and as a result, entered into a partnership with Atlantic Community College, where ACC officially became a joint college between Atlantic and Cape May Counties in February 1999; and
WHEREAS, the new 68,000 square foot facility of the CMCC opened in August of 2005; and
WHEREAS, ACCC provides support services facilities, including counseling, testing, tutoring and financial aid offices as well as administrative offices at the CMCC; and
WHEREAS, Atlantic Cape is accredited by the Middle States Association of Colleges and Schools, Commission on Higher Education; and,
WHEREAS, the mission of ACCC is to create opportunity by providing access to excellent programs and services that successfully meet students’ educational goals; and,
WHEREAS, ACCC provides superior education and workforce training at an affordable price to the residents of Atlantic and Cape May counties, including more than 20,000 alumni,
NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Township of Middle, County of Cape May, New Jersey wishes to congratulate Atlantic Cape Community College on celebrating 50 years of creating opportunity for the residents of Atlantic and Cape May counties.

5. PRESENTATION OF MAYOR’S CERTIFICATE OF HONOR – ATLANTIC CAPE COMMUNITY COLLEGE

6. QUESTION/ANSWER PERIOD ON AGENDA (This question and answer session shall relate only to items as outlined and pending on current agenda. Issues and concerns not related to agenda item shall be withheld to public comment portion at the conclusion of meeting.)

1. RESOLUTION – APPROVING PAYMENT FOR BILLS – BILL LIST A (General Bills) – On motion by      seconded by               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 the following bills in the amounts indicated are hereby approved:
Current Acct. $3,022,413.31

1. RESOLUTION – APPROVING MINUTES FROM PREVIOUS MEETINGS – On motion by           seconded by                    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 following minutes are approved: Board of Health 08/15/2016, Regular Meeting 08/15/2016, and Closed Session 08/15/2016.

1. REPORTS: The following departments have submitted their reports for the months indicated: Municipal Clerk for the month of August; Tax Collection/Sewer Collection and Sterback Harbor Reports for the month of August; Zoning Official for the month of August; and Construction Official for the month of August.

1. ORDINANCE NO.  1532-16 – BOND ORDINANCE PROVIDING FOR VARIOUS 2016 GENERAL CAPITAL IMPROVEMENTS, BY AND IN THE TOWNSHIP OF MIDDLE, IN THE COUNTY OF CAPE MAY, STATE OF NEW JERSEY; APPROPRIATING $1,250,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,187,500 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF – Following second reading, hearing, and consideration for adoption, Ordinance 1532-16 was adopted on motion by         seconded by               and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLE, IN THE COUNTY OF CAPE MAY, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
SECTION 1.   The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the Township of Middle, in the County of Cape May, State of New Jersey (the “Township”) as general capital improvements.  For the said improvements stated in Section 3, there is hereby appropriated the principal amount of $1,250,000, including the sum of $62,500 as the aggregate amount of down payments for said improvements or purposes required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”).  The $62,500 aggregate amount of down payments is now available therefor from the capital improvement fund by virtue of provisions in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes.
SECTION 2.  For the financing of said improvement or purpose described in Section 3 hereof and to meet the part of said $1,250,000 appropriation not provided for by application hereunder of said down payments, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $1,187,500 pursuant to the Local Bond Law.  In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in a principal amount not exceeding $1,187,500 are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.
SECTION 3.  (a) The improvements hereby authorized and purposes for the financing of which said bonds or notes are to be issued include, but are not limited to, as follows:

            (b)         All such improvements or purposes set forth in Section 3(a) shall include, but are not limited to, as applicable, all engineering and design work, preparation of plans and specifications, permits, bid documents, and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto and all in accordance with the plans and specifications therefor on file in the Office of the Clerk of the Township and available for public inspection and hereby approved.
(c)        The estimated maximum amount of bonds or notes to be issued for said improvement or purpose is $1,187,500.
(d)       The aggregate estimated cost of said improvements or purposes is $1,250,000, the excess thereof over the said estimated maximum amount of bonds or notes to be issued therefor are the down payments available for said purposes in the aggregate amount of $62,500.
SECTION 4.    In the event the United States of America, the State of New Jersey, and/or the County of Cape May make a contribution or grant in aid to the Township for the improvements and purposes authorized hereby and the same shall be received by the Township prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Cape May.  In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Cape May shall be received by the Township after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose.  This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the Township as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid.
SECTION 5.   All bond anticipation notes issued hereunder shall mature at such time as may be determined by the Chief Financial Officer of the Township, provided that no note shall mature later than one (1) year from its date.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer.  The Chief Financial Officer of the Township shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law.  The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof.  The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made.  Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser.
SECTION 6.   The capital budget of the Capital Fund of the Township is hereby amended to conform with the provisions of this bond ordinance, and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended Capital Fund capital budget and capital programs as approved by the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs will be on file in the Office of the Clerk and will be available for public inspection.
SECTION 7.   The following additional matters are hereby determined, declared, recited and stated:
            (a)        The improvements or purposes described in Section 3 of this bond ordinance are not current expenses and are improvements or purposes which the Township may lawfully undertake as general improvements or purposes, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
            (b)        The average period of usefulness of said improvements or purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 9.06 years.
            (c)        The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Township and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs, and such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $1,187,500 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
            (d)        An aggregate amount not exceeding $125,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purposes or improvements hereinbefore described.
            SECTION 8.   Unless paid from other sources, the full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  Unless paid from other sources, the obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount.
            SECTION 9.   The Township hereby declares the intent of the Township to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance.  This Section 9 is a declaration of intent within the meaning and for purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax law.
            SECTION 10.   The Township Chief Financial Officer is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township.  The Township Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission4 (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.  In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.
            SECTION 11.   The Township covenants to maintain the exclusion from gross income under Section 103(a) of the Code of the interest on all bonds and notes issued under this ordinance.
            SECTION 12.   This bond ordinance shall take effect twenty (20) days after final adoption, and approval by the Mayor, as provided by the Local Bond Law.

1. RESOLUTION – AUTHORIZING CREATION OF LIEN ON PROPERTY – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40:48-2.13 authorizes the governing body of every municipality the power to make, enforce, amend and repeal ordinances requiring the owner or tenant of a dwelling or of lands lying within the municipality to provide for the removal or destruction of brush, weeds, debris, etc. constituting fire hazard or injurious to public health or safety and to provide for the imposition of penalties for the violation of any such ordinance; and
WHEREAS, N.J.S.A.40:48-2.14 authorizes the municipality the right to place a lien against such dwelling or lands to provide for the cost of removing brush, weeds debris, etc.; and
WHEREAS, the Township of Middle has adopted Ordinance No. 316-76 known as Article I of Chapter 193 of the Code of the Township of Middle “Property Maintenance”; and
WHEREAS, the Township of Middle has noticed the following property owners as indicated below and furthermore these violations had not been remedied; and
WHEREAS, in absence of compliance by said owners, the Township of Middle commenced and completed abatement of these violations; and
WHEREAS, the Code Enforcement Officer of the Township of Middle has certified the following cost as listed.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that it hereby impose a lien on the properties listed below as indicated.
FURTHER RESOLVED, that a copy of this lien shall be filed in the Office of the Tax Collector of the Township of Middle.

1. RESOLUTION – REFUND OF TAXES (ITEMS A THROUGH C) – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

(a) WHEREAS, refunds are due as a result of overpayment to the homeowners listed below who have been granted 100% disabled American Veteran Status.

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 2016 taxes; and
BE IT FURTHER RESOLVED; that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.
                (b) WHEREAS, a refund is due, as a result of overpayment by the Mortgage Company,

            Please make check payable and send to:
            Corelogic Real Estate Tax Service
            P.O. Box 961250
            Fort Worth, TX  76161-9858
            NOW THEREFORE 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 2016 taxes,
            BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial             Officer of the Township of Middle.
                (c) WHEREAS, there are refunds due to the following property owners as a result of appeals creating         overpayments for 2016:

                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 check in the above noted amount payable to the above mentioned party,        as a refund of 2016 taxes.
                BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of          the Township of Middle.

1. RESOLUTION – CANCEL TAXES – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

            WHEREAS, a cancellation of taxes are due to the property owners listed below as they have been       granted 100% disabled American Veteran status.

1. RESOLUTION – SOCIAL AFFAIRS PERMIT – BISHOP MCHUGH REGIONAL CATHOLIC SCHOOL – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, Bishop McHugh Regional Catholic School has applied for approval to sell alcoholic beverages at an event to be held at Stone Harbor Golf Club, 2221 Route 9 N., Cape May Court House, New Jersey, on September 30, 2016 from 5:00pm to 10:00pm, and
WHEREAS, they have provided proper documentation to the Township of Middle,
NOW, THEREFORE BE IT RESOLVED, that the Township Committee, in the Township of Middle, does hereby approve the Social Affairs Permit.

1. RESOLUTION – APPOINTMENTS (ITEMS A THROUGH E) – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

                (a) 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:

            (b) 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 persons be   and are hereby appointed to the positions for the term of office opposite their names:

            (c) 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 are hereby         appointed to the term of office opposite their name:

            * Filling unexpired term of office.
            ** replacing Jim Moore, for failure to attend mandatory planning board training course and attend   percentage of meetings as required.
            (d) WHEREAS, it is critical to develop a method to manage workers’ compensation cases quickly,      effectively and fairly with consideration to both employer and employee needs, and
WHEREAS, it has become important to promote an active process of minimizing the impact of a physical impairment resulting from injury or illness on the individual’s capacity to participate productively in the workplace, and
WHEREAS, the most important goal in establishing an effective transitional duty program is to return the injured or ill employee back to full duty as soon as possible, and
WHEREAS, the Township of Middle has adopted such a policy known as the “Transitional Duty Policy”, as outlined and required by the Atlantic County Municipal Joint Insurance Fund, and
WHEREAS, said policy mandates the appointment of a Transitional Duty Coordinator, to evaluate the work restrictions of employees injured on-the-job to determine if the employee can be assigned transitional duty, as outlined in the ACMJIF Transitional Duty Policy, and
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 persons be and are hereby appointed to the position opposite their name:

(e) WHEREAS, there are various terms of office that have expired; and
WHEREAS, the governing body of the Township of Middle would like to reappoint said positions; and
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 named persons be and hereby are appointed or reappointed to fill the following offices/terms:

1. RESOLUTION – PROMOTIONAL TITLE CHANGE – On motion by      seconded by               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 following employee is hereby promoted to the title opposite their name at the            following salary:

            *Title Code 03258 (Keyboarding Clerk 2 Bilingual in Spanish and English)

1. RESOLUTION – RATIFY AGREEMENT BETWEEN THE TOWNSHIP OF MIDDLE AND CONSTANCE MAHON – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

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 agreement between Constance Mahon and the Township of Middle, as attached, for a term of three (3) years effective 01/01/2017, is hereby ratified.
BE IT FURTHER SOLVED, that the appropriate officials are hereby authorized to sign said agreement in connection therewith

1. RESOLUTION – ACKNOWLEDGEMENT OF RESIGNATIONS – On motion by      seconded by               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.

1. RESOLUTION – AMENDING VARIOUS APPOINTMENT RESOLUTIONS – DEPARTMENTS – On motion by      seconded by               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 departments for the employees listed below are hereby corrected:                    
Resolution 311-16              Nancy Sittineri          Department – Finance                         Effective 08/15/2016
Resolution 313-16              Anne Garrison           Previous Department – Admin            Effective 08/01/2016

1. RESOLUTION – ACKNOWLEDGEMENT OF RETIREMENT – On motion by      seconded by               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 retirement listed below is           acknowledged.

1. RESOLUTION – APPROVAL FOR PAYMENT TERMINAL LEAVE (ITEMS A THROUGH B) – On motion by      seconded by               and passed on roll call, the following resolution was adopted

(a) WHEREAS, Allison Akke resigned with an effective date of August 06, 2016; and
WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, compensation and personal time; and
WHEREAS, the Human Resources Department has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time; and
NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that payment be issued to the employee in the amount referenced below:
Allison Akke
147.01   Hours     Comp
22           Hours     Personal
105.33   House     Vacation
274.34   Hours     Total
                                Total:                     $7,346.11 (inclusive of payroll tax expense)
(b) WHEREAS, Suzanne Stocker resigned with an effective date of August 12, 2016; and
WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, compensation and personal time; and
WHEREAS, the Human Resources Department has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time; and
NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that payment be issued to the employee in the amount referenced below:
Suzanne Stocker
.15          Hours     Comp
7              Hours     Personal
82.2        House     Vacation
89.35      Hours     Total
                                Total:                     $2,040.95 (inclusive of payroll tax expense)

1. RESOLUTION – WAIVING INTEREST – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, the owner of Block 117.04, Lot 85 remitted one payment due on August 1, 2016 for property taxes and special assessment assigned to this property for the Sterback Harbor dredging project which was received August 8, 2016; and
WHEREAS, the payment was returned to the owner as the collector is required to have separate accounts for each; and
WHEREAS, the owner has requested the governing body of the Township of Middle waive the interest charged on taxes in the amount of $17.83 and $1.00 on the special assessment payment received on August 16, 2016.
NOW, THEREFORE BE IT RESOLVED, that it is the decision of the governing body of the Township of Middle to waive the interest charged on August 16, 2016 on Block 117.04, Lot 85 and that the collector of taxes and special assessments adjust the interest charged on Block 117.04, Lot 85 on August 16, 2016; and
BE IT FURTHER RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, that the Chief Financial Officer be instructed to draw a check in the amount of $18.83 payable to the following:
James V Covello J
245 Cornerstone Drive
Newton Square, Pennsylvania 19073
FURTHER RESOLVED, that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

1. RESOLUTION –REJECT BIDS AND ESTABLISH TABULATION COMMITTEE – USDA GRASSY SOUNDS SANITARY SEWER FORCE MAIN – PHASE IIIA – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle, following public advertisement, received bids for the USDA Grassy Sounds Sanitary Sewer Force Main, Phase IIIA  project on August 17, 2016, and
WHEREAS, it appears to be in the best interest of the Township to reject all bids received.
NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bids for the USDA Grassy Sounds Sanitary Sewer Force Main, Phase IIIA project received on August 17, 2016 shall be and is hereby rejected. 
BE IT FURTHER RESOLVED that Purchasing Agent Josh Niemann, Township Clerk Kimberly Krauss and Business Administrator Constance Mahon, be and hereby are appointed to tabulate the rebid of this project, to be taken on October 12, 2016 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:

USDA GRASSY SOUNDS SANITARY SEWER FORCE MAIN – PHASE IIIA

1. RESOLUTION – AUTHORIZING WAIVER OF RECREATION REGISTRATION FEE – LENGLE – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, Ordinance No. 1522-16 outlines the registration fees for various sports through the Township of Middle, and
WHEREAS, Township of Middle has received a sponsorship for the Clarence Davies Sports Complex in the amount of $350.00, as well as one registration for the soccer program in the amount of $50.00 from Mr. Pete Lengle,
WHEREAS, Mr. Lengle has requested a waiver for a second registration based on the above referenced items.
NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the second registration for Mr. Lengle for the Middle Township Soccer program be waived.

1. RESOLUTION – AMENDING RESOLUTION 306-16 – RATIFY SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF MIDDLE AND THE COUNTY OF CAPE MAY – ANIMAL SHELTER SERVICES – On motion by      seconded by               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 Exhibit A of the Shared Service Agreement with the County of Cape May for Animal Shelter Services is hereby amended.
BE IT FURTHER RESOLVED, that the cost associated with said agreement is as follows:
                Year 1 CY2016                     $110,453.00
                Year 2 CY2017                     $112,742.00
                Year 3 CY2018                     $115,076.00
                Year 4 CY2019                     $117,457.00
                Year 5 CY2020                     $119,886.00
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

1. RESOLUTION – INSERTION OF A SPECIAL ITEM OF REVENUE (ITEMS A THROUGH C) – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

(a) 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 2016 in the sum of:
FY 2014 DDEF (Drunk Driving Enforcement Fund) Grant                                        $8,430.29
BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:
FY 2014 DDEF (Drunk Driving Enforcement Fund) Grant                                        $8,430.29
(b) 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 2016 in the sum of:
FY 2015 DDEF (Drunk Driving Enforcement Fund) Grant                                        $8,130.50
BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:
FY 2015 DDEF (Drunk Driving Enforcement Fund) Grant                                        $8,130.50
(c) 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 2016 in the sum of:
2016 Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund                            $1,148.26
BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:
2016 Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund                            $1,148.26

1. RESOLUTION – RATIFY SHARED SERVICE AGREEMENT WITH THE CITY OF WILDWOOD – TEMPORARY ASSIGNMENT OF POLICE OFFICERS – On motion by      seconded by               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 Shared Services Agreement between the City of Wildwood and the Township of Middle for temporary assignment of police officers to assist the City of Wildwood in meeting its law enforcement needs during the 2016 Roar to the Shore community event, be and is hereby ratified.
BE IT FURTHER RESOLVED, that said agreement shall be valid from the date of this resolution until the conclusion of the event.
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said agreement.

1. RESOLUTION – REDUCTION OF PERFORMANCE BOND – FRED LANGFORD – THE FAIRWAYS – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, $412,860.18 is being held as a performance guarantee of Fred Langford – The Fairways for Block 335.01, Lot 5.03, otherwise known as 600 Bayberry Drive; and
WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $26,343.84 have been completed; and
WHEREAS, it has been further recommended that the performance guarantee for the above stated project be reduced to $386,516.34; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the performance guarantee as listed above be and is hereby reduced.

1. RESOLUTION – AUTHORIZING NON-FAIR AND OPEN CONTRACT – FALL MAINTENANCE AND EMERGENCY HVAC SERVICES – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has a need to acquire HVAC services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,
WHEREAS, the Purchasing Agent has determined and certified in writing that the total value of all services will exceed $17,500; and,
WHEREAS, the anticipated term of this contract is deemed to expire on December 31, 2016; and
WHEREAS, Nick Badame Refrigeration has submitted a proposal on August 25th indicating they will provide fall maintenance and emergency repairs for $5,000.00; and 
WHEREAS, Nick Badame Refrigeration has completed and submitted a Business Entity Disclosure Certification which certifies that Nick Badame Refrigeration has not made any reportable contributions to a political or candidate committee in the Township of Middle in the previous one year, and that the contract will prohibit the Nick Badame Refrigeration from making any reportable contributions through the term of the contract, and
NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Middle, State of New Jersey, County of Cape May that the appropriate officials are hereby authorized
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. and,
FURTHER RESOLVED, that the Chief Finance Officer is hereby authorized and directed to approve and forward a Purchase Order to:

Nick Badame Refrigeration

1. RESOLUTION – CANCELING EXPIRED CONTRACT COVERING MATERIALS, SERVICES AND SUPPLIES – On motion by      seconded by               and passed on roll call, the following resolution was adopted

WHEREAS, the Township of Middle has entered into contracts with certain vendors for the purchase of certain materials, services and/or supplies; and
WHEREAS, said contracts have now expired and there remains an unobligated balance in said accounts;
WHEREAS, 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 that the unobligated balanced of the expired contracts listed on the attached Schedule A are hereby canceled and credited to the appropriate accounts as set forth therein.

1. RESOLUTION – RATIFY LEASE AGREEMENT (ITEMS A THROUGH B) – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

(a) NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the agreement between Cape Express Soccer and the Township of Middle, to lease land for the construction of a soccer complex at the Robert “Ockie” Wisting Complex in Rio Grande, for a term of twenty (20) years, commencing upon the date of this agreement, be and is hereby ratified.
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign any and all documentation necessary to carry out the purpose and intent of this resolution.
(b) BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the agreement between Reginald & Muriel Anderson t/a uSolely and the Township of Middle for usage of the MLK Center from September 28, 2016 through December 2, 2016, be and is hereby ratified.
FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign any and all documentation necessary to carry out the purpose and intent of this resolution.

1. RESOLUTION – RELEASE OF TRUST ACCOUNTS – On motion by      seconded by               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 Accounts, as listed on the attached sheets, shall be released.

1. RESOLUTION – MIDDLE TOWNSHIP ANNUAL FREE YARD SALE – On motion by      seconded by               and passed on roll call, the following resolution was adopted.

WHEREAS, the residents of the Township of Middle are permitted to hold an annual yard sale with no charge to the residents on the following days only:

September 17 & 18, 2016
NOW, THEREFORE BE IT RESOLVED, that Township Committee in the Township of Middle, County of Cape May, does hereby authorize the annual free yard sale to be held September 17 & 18, 2016 in the Township of Middle.

1. PUBLIC COMMENT:

Motion to adjourn meeting –           
1^st:                                           2^nd:
Pass on Roll Call: