Cape May Court House, NJ

April 7, 2003 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 Middle Township Municipal Building. Members present were Mayor Doughty, Committeemember Leusner and Committeemember DeLanzo, Clerk/Business Administrator Alexis, Attorney Gorman, Engineer Orlando, Deputy Clerk Dawn Stimmel.

1. ORDINANCE NO. 1126-03 – BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND ACQUISITION OF EQUIPMENT FOR THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY; APPROPRIATING THE SUM OF $2,982,000.00 THEREFORE; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,452,900.00; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTIONS WITH THE FOREGOING – Following second reading, hearing, and consideration for adoption, Ordinance 1126-03 was adopted on motion by Committeewoman DeLanzo seconded by Committeeman Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

2. ORDINANCE NO. 1127-03 – AMENDNG SECTION 236-39 OF THE CODE OF THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1127-03 was adopted on motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

3. ORDINANCE NO. 1129-03 – VACATING PORTIONS OF WILDWOOD AVENUE, CENTRAL AVENUE AND MAURICE AVENUE AS SHOWN ON SHEET 29.02 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1129-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

4. ORDINANCE NO. 1130-03 – AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1130-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

5. ORDINANCE NO. 1131-03 – AN ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1131-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

6. ORDINANCE NO. 1132-03 – AN ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1132-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

7. ORDINANCE NO. 1133-03 – AN ORDINANCE AMENDING CHAPTER 250,”ZONING” OF THE CODE OF THE TOWNSHIP OF MIDDLE On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1133-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

8. ORDINANCE NO. 1134-03 – BOND ORDINANCE AUTHORIZING THE ACQUISITION OF A SEWER TRUCK AND GENERATOR; APPROPRIATING THE SUM OF $250,000 THEREFORE; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $250,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1134-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

9. ORDINANCE NO. 1135-03 – AUTHORIZING A SPECIAL EMERGENCY APPROPRATION PURSUANT TO N.J.S.A. 40A: 4-53(a) FOR THE ENGAGEMENT OF SPECIAL CONSULTANTS FOR THE PREPARATION OF A TAX MAP FOR THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY - On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, Ordinance No 1135-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/05/2003 at 6:00 p.m.

10. RESOLUTION NO. 124-03 – TEMPORARY CAPITAL BUDGET – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle, County of Cape May, desires to establish a 2003 Temporary Capital Budget to permit the acquisition of a sewer vac truck and generator,

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle as follows:

SECTION 1.

The 2003 Temporary Capital Budget of the Township of Middle is hereby constituted as follows:

SECTION 2.

The Township Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey.

SECTION 3.

The aforementioned capital project shall be included in the 2003 Permanent Capital Budget as adopted.

11. RESOLUTION NO. 125-03– AUTHORIZE SELF-EXAMINATION OF BUDGET – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to

adopt rules that permit municipalities in sound fiscal condition to assume the

responsibility, normally granted to the Director of the Division of Local Government

Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on

February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Middle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2003 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Middle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the

Chief Financial Officer's certification, the governing body has found the budget has

met the following requirements:

1. That with reference to the following items, the amounts have been

calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges

b. Deferred charges and statutory expenditures

c. Cash deficit of preceding year

d. Reserve for uncollected taxes

e. Other reserves and non-disbursement items

f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations

pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on

appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP

law).

3. That the budget is in such form, arrangement, and content as required

by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate and correctly

stated,

b. Items of appropriation are properly set forth

c. In itemization, form, arrangement and content, the budget will

permit the exercise of the comptroller function within the

municipality.

5. The budget and associated amendments have been introduced and

publicly advertised in accordance with the relevant provisions of the Local Budget

Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent

such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to

the Director of the Division of Local Government Services upon adoption.

CERTIFICATION OF APPROVED BUDGET

It is hereby certified that the Approved Budget complies with the requirements of law and approval

is given pursuant to N.J.S.A. 40A:4-78(b) and N.J.A.C. 5:30-7.

It is further certified that the municipality has met the eligibility requirements of N.J.A.C. 5:30-7.4 and 7.5, and that I as Chief Financial Officer, have completed the local examination in compliance with N.J.A.C. 5:30-7.6.

Dated___________________________

By:______________________________________

Chief Financial Officer

12. RESOLUTION NO. 126-03 – READ BUDGET BY TITLE ONLY – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S. 40A:4-8 provides that the budget be read by title only at the time

of the public hearing if a resolution is passed by not less than a majority of the full

governing body, providing that at least one week prior to the date of hearing a complete

copy of the approved budget as advertised has been posted in Township Hall and copies have been made available by the Clerk to persons requiring them; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE, BE IT RESOLVED that the budget shall be read by title only.

13. PUBLIC HEARING ON 2003 MUNICIPAL BUDGET: -- NO PUBLIC COMMENT

14. RESOLUTION NO. 127-03 – RESCINDING REQUEST FOR LEAVE WITHOUT PAY – PAMELA E. SHEPPARD – On motion by Committeewoman DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Pamela E. Sheppard was granted leave without pay in connection to Resolution No. 119-03 dated March 17, 2003, and

WHEREAS, postponement of leave has been requested by Pamela Sheppard until further notice.

NOWTHEREFORE 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 request for leave without pay for Pamela E. Sheppard is hereby rescinded until further notice.

15. RESOLUTION NO. 128-03 – AUTHORIZING MAYOR TO SIGN DOCUMENTS – TRANSPORTATION ENHANCEMENT AGREEMENT MODIFICATION NO. 2 – BIKE PATH – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, there exists an agreement dated April 1, 2002 between the Township of Middle and the Department of Transportation for the construction of a bike path under the Township of Middle – Cape May County Joint Bikeway project, and

WHEREAS, in order to advance the project through completion of construction, additional work is required, and

WHEREAS, Resolution No. 338-02 previously authorized modifications to this project in turn making this Modification No. 2.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Department of Transportation Enhancement Agreement Modification No. 2 for the Bike Path is hereby approved.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents

16. RESOLUTION NO. 129-03 – APPROVE REQUEST FOR LEAVE WITH PAY – MILITARY – JAY GASKILL – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Jay Gaskill was called to Active Military Duty on February 7, 2003, and

WHEREAS, he is being placed on a military absence for a period of one (1) year, 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 Jay Gaskill be granted Military Leave for a period

of ninety (90) workdays with pay and the balance of leave to be unpaid until the following calendar year.

17. RESOLUTION NO. 130-03 – RELEASE OF TRUST ACCOUNTS – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 Account as listed on the attached sheets shall be released.

18. RESOLUTION NO. 131-03 – APPOINTMENTS – PART TIME – NEW HIRES – EMT – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 following employee are hereby appointed to the following position at the salaries opposite their names:

NAME	TITLE	WAGE	EFF. DATE
Theodore Farina, Jr. Kathleen Harris Shannon Mattera Brandy Scott Michael Tallant	EMT P/T EMT P/T EMT P/T EMT P/T EMT P/T	Hourly: $10.66 Hourly: $10.66 Hourly: $10.66 Hourly: $10.66 Hourly: $10.66	4/14/03 4/14/03 4/14/03 4/14/03 4/14/03

NAME

TITLE

WAGE

EFF. DATE

Theodore Farina, Jr.

Kathleen Harris

Shannon Mattera

Brandy Scott

Michael Tallant

EMT P/T

Hourly:

$10.66

Hourly:

$10.66

Hourly:

$10.66

Hourly:

$10.66

Hourly:

$10.66

4/14/03

19. RESOLUTION NO. 132-03 – APPROVING MINUTES FOR PREVIOUS MEETING - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 minutes from Township Committee Meeting dated March 17, 2003 are hereby approved.

20. RESOLUTION NO. 133-03 – APPROVING PAYMENT FOR ALL BILLS - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 all bills is hereby approved.

21. RESOLUTION NO. 134-03 – AMENDMENT TO APPOINTMENT – TRACEY TAVERNER – CHIEF FINANCIAL OFFICER – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Resolution No. 35-03 did not include a term expiration for the above referenced appointment.

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 person be and is hereby appointed to fill the following position for the term of office opposite their name:

NAME TITLE EFF. DATE TERM EXP.

Tracey Taverner

Chief Financial Officer

12/20/2002

12/31/2005

22. RESOLUTION NO. 135-03 – SUPPORTING FEDERAL FUNDING OF COASTAL PROJECTS – On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, America’s beaches are one of the country’s irreplaceable and invaluable assets as, both environmentally and economically, they are unparalleled as a source of storm protection, a magnet for national and international tourism and a provider of healthful recreation for all citizens, and

WHEREAS, the timely maintenance and restoration of these beaches is critical to preserve their value and viability, and to provide a boost to both the environment and economy of the nation, and

WHEREAS, a role of the Army Corp of Engineers in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the substantial national and regional economic benefits arising from beach-related tourism, the benefits accrued to the federal government from the storm protection afforded by better beaches, as well as the role of federal navigation projects in accelerating coastal erosion.

NOW THEREFORE BE IT RESOLVED, be the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, as follows:

1. The Township of Middle requests that Congress appropriate in fiscal year 2004 no less than $150 million for the purposes of protecting and enhancing America’s beaches.

2. Members of both Houses and both parties are urged to commit themselves to creating a dedicated funding source for beach maintenance and protection efforts, inasmuch as only with such funding can this crucial federal effort be assured of the appropriations needed to ensure success over the decades.

3. The Township of Middle strongly supports America’s beachfront resources and urges all Members of

Congress to do the same at this crucial moment in time.

4. Copies of this Resolution shall be sent to the following: Governor James E. McGreevey, Congressman Frank A. LoBiondo, Senator James S. Cafiero, Assemblyman Nicholas Asselta and Assemblyman Jefferson VanDrew, New Jersey League of Municipalities and all municipalities in Cape May County.

23. RESOLUTION NO. 136-03 – PROCLAIMING 2002-2011 “NATIONAL BONE AND JOINT DECADE” – On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHERAS, Fibrodysplasia Ossificans Progressiva is a rare genetic condition in which the body makes additional bone in locations where bone should not form, such as within muscles, tendons, ligaments, and other connective tissues, and

WHEREAS, one in every seven Americans suffers from a musculoskeletal impairment causing physical disability and severe long-term pain, and

WHEREAS, the symptoms of Fibrodysplasia Ossificans Progressiva usually begins in the first or second decade of life, with the majority of patients diagnosed by the age of 10, depriving children of normal development, and

WHEREAS, at the present time, the University of Pennsylvania is the only known research facility worldwide that is currently investigating a cure for Fibrodysplasia Ossificans Progressiva, and

WHEREAS, numerous countries and international organizations have joined to recognize the years 2002 through 2011 as the “Bone and Joint Decade” to increase public awareness and to promote research to find a cure for musculoskeletal impairments.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that this governing body does hereby proclaim the years 2002 through 2011 as

“National Bone and Joint Decade”

BE IT FURTHER RESOLVED, that the Mayor and Township Committee hereby encourages the University of Pennsylvania to continue its research and the health care community to increase the awareness of this devastating and rare genetic disorder and in doing so would eliminate misdiagnosis, develop a treatment and discover a cure

BE IT FURTHER RESOLVED, that the Municipal Clerk is hereby authorized and directed to forward a certified copy of this Resolution to all the municipalities in Cape May County.

24. RESOLUTION NO. 137-03 – APPOINTMENT – NORMAN LOCHTEN – JIF FUND COMMISSIONER / SAFETY COORDINATOR – PART-TIME – On motion by Committeeman Leusner seconded by Mayor Doughty 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 following employee is hereby appointed to the following position at the salary opposite their name:

NAME	TITLE	SALARY	EFF. DATE
Norman Lochten	JIF Fund Commissioner/ Safety Coordinator	$10,000.00	4/1/2003

25. RESOLUTION NO. 138-03 – AWARD OF CONTRACT – PROMAPS, INC. – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has been ordered to complete a revaluation of all properties within the Township of Middle, and

WHEREAS, prior to contracting for and completing the revaluation, the tax maps of the Township of Middle must be brought into compliance with the State of New Jersey Tax Map Standards in accordance with N.J.A.C. 18:12-4.7, and

WHEREAS, one of the first steps and also in the best financial interest of the Township of Middle, in preparing up to date tax maps of sufficient quality, is to have aerial survey photography completed as soon as possible, and

WHEREAS, as soon as possible in this resolution means prior to the vegetation development and leaf

blooming of the spring.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that Promaps, Inc. be awarded a contract to provide aerial survey photography at a scale of 1” X 800’ for the use of the License Land Surveyor of the State of New Jersey to be contracted with at a future date.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $______________ has been bid for the following service or items__________________ It is further certified that

sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

26. RESOLUTION NO. 139-03 – CALLING FOR RETENTION OF JOBS OF CORRECTION OFFICERS AT SOUTHERN STATE CORRECTIONAL FACILITY – On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the New Jersey Department of Corrections has sent mixed signals concerning its intentions for the future of a portion of Southern State Correctional Facility known as Compound A, and

WHEREAS, this portion of Southern State Correctional Facility was Phase I of construction approximately 20 years ago and consists of trailers which are old and deteriorating, housing approximately 1,660 inmates, making it vulnerable to closing in the near future, and

WHEREAS, the New Jersey Department of Corrections has not been forthright in disclosing its intentions to legislators, municipal and county officials, and the approximately 580 staff members whose jobs are dependent on continued operation of the entire Southern State Correctional Facility, and

WHEREAS, between 52 and 58 vitally needed jobs in Middle Township could be endangered by any Department of Corrections action closing a portion of Southern State Correctional Facility, and

WHEREAS, such a move would dislocate these workers to their detriment and the detriment of the community of Middle Township, and

WHEREAS, transfer and relocation of Southern State Correctional Facility staff would have a profound negative impact on them, their families and the economic health of Middle Township,

NOW THEREFORE BE IT RESOLVED, be the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, as follows:

That this Committee calls upon the State Department of Corrections to maintain current staffing levels in Middle Township and avoid personnel shifts which would severely impact employees and the Township.
That this Committee seeks open dialogue between the State Department of Corrections, staff members, legislators, and community representatives prior to the promulgation of any plan affecting the status of Southern State Correctional Facility.
That copies of this resolution be forwarded to the Governor, the Commissioner of the Department of Corrections and the First and Third district legislative delegations.

27. RESOLUTION NO. 140-03 – ENDORSING APPLICATION TO DEPARTMENT OF ENVIROMENTAL PROTECTION – On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS: the owners of Block 1436, Lots 16.01 and 16.02 have petitioned the Department of Environmental Protection of the State of New Jersey to include the remaining portion of this parcel in the Rio Grande Coastal Regional Center (CAFRA) and the Cape May County Wastewater Management Plan (208 Plan);

WHEREAS: the Township of Middle has previously endorsed the Coastal Regional Center and the Wastewater Management Plan (208) be extended to the northerly boundary of Block 1436, Lots 16.01 and 16.02 and the Township of Middle does endorse the application to include the entire block 1436, lots 16.01 and 16.02; and

WHEREAS: the Township of Middle Planning board has approved an application to construct 164 apartments on this parcel of property by Resolution on January 27, 2000 and memorialized Resolution on February 24, 2000.

WHEREAS: the construction of the 164 apartments on this parcel of property would be beneficial to the Township of Middle meeting a low and moderate housing need established by the Coalition on Affordable Housing.

NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, does endorse the application to include the entire parcel of property known as Block 1436, Lot 16.01 and 16.02 on the Tax Map of the Township of Middle.

28. RESOLUTION – AUTHORIZING PRIVATE SALE OF CERTIFICATE FOR UNPAID LIEN – On motion by seconded by and passed on roll call, the following resolution was adopted. --- TABLED

29. REPORTS – the following offices have submitted their monthly reports for March; Municipal Clerk’s Office; Zoning Official’s Office; Construction Official’s Office; Tax Collector’s Office;

30. RESOLUTION NO. 141-03 – AUTHORIZING GRANT APPLICATION TO U.S. DEPARTMENT OF COMMERCE – On motion by Committeewoman DeLanzo seconded by Committeeman Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, grant funds are available through the “Technology Opportunities Program” Nation Telecommunications and Information Administration of the U.S. Department of Commerce, and

WHEREAS, the Township of Middle is in dire need of replacing the current communications system do to the age of the technology and serviceability of the system. The current communications system is outdated analog technology, and

WHEREAS, the Township of Middle is developing a digital technology communication system to reduce radio frequency congestion and increase the interoperability among first responders using narrow ban channels to comply with recent Federal Communication Commission rulings pertaining to efficient

digital modulation techniques. This technology and planned network will cover deficiencies experienced by first responders including but not limited to dead spots in receiving and transmitting, and

WHEREAS, the Township of Middle directly serves one 48 man police department, 8 volunteer fire companies and 5 emergency medical rescue squads as the first responders in three separate municipalities covering over 136 square miles, and

WHEREAS, the Township Committee of the Township of Middle authorizes the Township Clerk/ Business Administrator to be the contact person and individual authorized to sign the grant application.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, that application to the U.S. Department of Commerce is hereby authorized.

31. RESOLUTION NO. 142-03 – REFUND OF 2003 TAXES - On motion by Committeeman Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

Refund due to mortgage company overpayment

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

1351

Thomson, John S & Frances L

Property Location: 346 Rte 47 N

538.50

REFUND PAYABLE TO:

Transamerica Real Estate Tax Service

Northeast Processing Center

58 south Service Rd

Suite210

Melville, NY 11747

Attn: New Jersey Team

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 2003 taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial

Officer of the Township of Middle.

32. RESOLUTION – PUBLIC SALE OF LAND - On motion by seconded by and passed on roll call, the following resolution was adopted. --- TABLED

33. RESOLUTION NO’s. 143-03 through 145-03 – CONFIRMATION OF SALE OF LAND (ITEMS A-C) - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

(143-03)

WHEREAS, the Township Committee, the Governing Body of the Township of Middle, by proper resolution, directed that a public sale be held at the meeting room, 33 Mechanic Street, Cape May Court House, N.J., and that certain lands and premises owned by, and situated within, the Township of Middle, County of Cape May, State of New Jersey, be sold, as follows:

Resolution No.: 45-03K Adopted: February 3, 2003 Sale Date: February 27, 2003

WHEREAS, said public sale was held at the above time and place, and said premises were sold to the highest bidder, as follows:

Premises:

Parcel # 8 $24,000.00 Block: 210 Lots: 26-40 even #’s

WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

Parcel # 8 Robert and Linda Carlough 10 Wahl Ave., Cape May Court Hse, NJ 08210

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby confirmed, and the Mayor and Clerk of the Township of Middle are hereby authorized and directed to convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of all taxes up to and including the calendar quarter during which said sale was held.

(144-03)

Resolution No.: 45-03K Adopted: February 3, 2003 Sale Date: February 27, 2003

WHEREAS, said public sale was held at the above time and place, and said premises were sold to the highest bidder, as follows:

Premises:

Parcel # 4 $11,800.00 Block: 1070 Lots: 25 - 30

WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

Parcel # 4 Norman P. Beisher 533 Goshen Rd., Cape May Court Hse, NJ 08210

(145)

WHEREAS, the Township Committee, the Governing Body of the Township of Middle, by proper

resolution, directed that a public sale be held at the meeting room, 33 Mechanic Street, Cape May

Court House, N.J., and that certain lands and premises owned by, and situated within, the Township

of Middle, County of Cape May, State of New Jersey, be sold, as follows:

Resolution No.: 45-03K Adopted: February 3, 2003 Sale Date: February 27, 2003

WHEREAS, said public sale was held at the above time and place, and said premises were sold to the

highest bidder, as follows:

Premises:

Parcel # 19 $47,000.00 Block: 441 Lots: 11.02 and 12

WHEREAS, said highest bidder has requested that said lands and premises be conveyed as follows:

Parcel # 19 Frances P & Dolores K Majane 969 Tecumseh Rd., Erma NJ 08204

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the

Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby

confirmed, and the Mayor and Clerk of the Township of Middle are hereby authorized and directed to

convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of

all taxes up to and including the calendar quarter during which said sale was held.

34. RESOLUTION NO. 146-03 – ESTABLISHING FEES FOR SUMMER CAMP – MIDDLE TOWNSHIP RECREATION DEPARTMENT - On motion by Committeewoman DeLanzo seconded by Committeeman Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, it is in the best interest of the youth of the Township of Middle to establish a structured Summer Camp Recreational Program, and

WHEREAS, it is also in their best interest and safety to be provided with qualified supervising staff, and

WHEREAS, the fees for such program participation should cover the cost of materials utilized in the camp.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that it deems necessary for the Township to charge the following fee of $70.00 per week per child for activities located within the Baker Center, Martin Luther King Center, and Jr. High Program, and

BE IT FURTHER RESOLVED, that there is a Sliding Scale per Family available at $70.00 for the first child, $65.00 for the second child, and $60.00 for the third child.

FURTHER RESOLVED, that the Preschool Program fee be established at $40.00 per two (2) weeks per child.

35. RESOLUTION NO. 147-03 – AUTHORIZE MAYOR TO SIGN GRANT AGREEMENT – SMALL CITIES BLOCK GRANT PROGRAM - On motion by Committeeman Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has been forwarded by the State of New Jersey, Department of Community Affairs Small Cities Block Grant/Loan Agreement No. 03-6341-00 for the acceptance of the funding amount of $400,000.00 in connection with the expansion of the Martin Luther King Center, and

WHEREAS, it is pertinent that the Mayor sign and return said agreement to the Department of Community Affairs to facilitate the execution of the grant/loan.

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Mayor F. Nathan Doughty be and hereby is authorized to sign Grant/Loan Agreement No. 03-6341-00 utilizing the Small Cities Block Grant Program.

36. RESOLUTION NO. 148-03 – RECOGNIZING APRIL 6 THROUGH 13, 2003 AS CRIME VICTIM’S RIGHTS WEEK IN THE STATE OF NEW JERSEY AND SUPPORTING THE STATEWIDE VICTIM’S RIGHTS SUMMIT TO BE HELD ON APRIL 7, 2003 - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the statewide Victim’s Rights Summit to be held on April 7, 2003, marks the Crime Victim’s Rights Week Kickoff event, which initiates the observance of Crime Victim’s Rights Week in the State of New Jersey from April 6 through 13, 2003, and

WHEREAS, the Township of Middle recognizes that on November 5, 1991 the voters of the State of New Jersey adopted Article 1, paragraph 22, the Victim’s Rights Constitutional Amendment which promised to all victims of violent crime that they would be treated with “fairness, compassion and respect” in the criminal justice system, and

WHEREAS, the theme for Crime Victims’ Rights Week in the State of New Jersey and throughout the nation for the year 2003 is “Victims Rights – Fulfill the Promise.”

WHEREAS, the Township of Middle is pleased to recognize and honor all victims of crime and those activists who have demonstrated concern and compassion on behalf of their fellow citizens who have been victimized by violent crime, and

WHEREAS, the Township of Middle does hereby affirm its support of a statewide and national commitment to violence reduction and victim assistance to help bring criminals to justice, as well as increased efforts to protect citizens and safeguard the rights of those who become victims of crime, and

WHEREAS, the Township of Middle is pleased to support a statewide Victims’ Rights Summit which will take place on April 7, 2003 which will bring together victims, advocates, service providers, prosecutors and legislators to celebrate the efforts made on behalf of crime victims in the past and to affirm our goals for the future.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the Township of Middle hereby joins in the observance of April 6 through 13, 2003 as Crime Victims’ Rights Week in the State of New Jersey, and does hereby support the promise and pay tribute to the many individuals and organizations who support and apply their resources in behalf of crime victims, and urges all citizens to do their part to stop violence by reporting crimes and refusing to tolerate injustice in their homes or in their communities.

37. RESOLUTION NO. 149-03 – RATIFY JOINT INSURANCE FUND SAFETY CONTRACT - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 Joint Insurance Fund Safety Contract, be and is hereby ratified.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said contract.

38. RESOLUTION NO. 150-03 – ADOPT NEW SET OF RULES AND REGULATIONS – POLICE DEPARTMENT - On motion by Committeewoman DeLanzo 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 attached set of rules and regulations for the Police Department employees, is hereby adopted.

39. RESOLUTION NO. 151-03 – AUTHORIZATION TO APPLY FOR THE NJ DEPARTMENT OF TRANSPORTAION – FY 2003 TRANSPORTATION ENHANCEMENT PROGRAM - On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to apply for the Department of Transportation FY 2003 Transportation Enhancement Program under TEA-21.

NOW, THEREFORE BE IT RESOLVED, the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that authorization to apply for the NJ Department of Transportation 2003 Transportation Enhancement Program is hereby approved and that appropriate officials are hereby authorized to sign said documents.

40. RESOLUTION NO. 152-03 – CANCELLATION OF LIEN 96-2340 AND TAXES, FORECLOSURE GROUP #178 - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

Foreclosure group #178

Docket #F-17294-02

Final judgment recorded in book 3009 on page 995

Date of recording March 25, 2003

Acct block lot FORMER OWNER /LOCATION TTL 2^nd ¼ 2003

14483

1447

10.01 & 10.02

Colson Inc

Property location: 1111 Rte 47 S

181,756.54

1,054.94

41. RESOLUTION NO. 153-03 – TABULATION COMMITTEE – MARTIN LUTHER KING CENTER ADDITION - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo 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 Township Clerk/Administrator James Alexis, Chief Finance Officer Tracey DeVico, Scott Burnley -President of AUSKBA Architecture, Inc., and Greg Arnold be and hereby are appointed to tabulate the bids to be taken on May 21, 2003 at 10:00 a.m. in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

MARTIN LUTHER KING CENTER ADDITION

42. RESOLUTION NO. 154-03 - CLOSED SESSION – PENDING LITIGATION - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

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 Township of Middle, the governing body thereof, is of the opinion that such circumstances presently exist,

NOW THEREFORE BE IT RESOLVED, by the Township of Middle, County of Cape May, State of New Jersey:

1. The public shall be excluded from the discussion of an action upon the hereinafter specified matter: PENDING LITIGATION

2. The general nature of the subject matter to be discussed is as follows: 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.

43. RESOLUTION NO. 155-03 – ENDORSE TWA PERMIT APPLICATION – EASY STREET SANITARY SEWER EXTENSION - On motion by Mayor Doughty seconded by Committeewoman DeLanzo 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 Mayor F. Nathan Doughty, Jr. is hereby authorized to sign all permit applications in connection with the TWA permit for the Easy Street Sanitary Sewer Extension

44. RESOLUTION NO. 156-03 – AUTHORIZATION TO APPLY FOR A NJDOT UTILITY OPENING PERMIT – EASY STREET SANITARY SEWER EXTENSION - On motion by Mayor Doughty seconded by Committeewoman DeLanzo 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 authorization to apply for a NJ DOT Utility Opening Permit for Easy Street Sanitary Extension, is hereby approved.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

45. RESOLUTION NO. 157-03 – AUTHORIZATION TO APPLY FOR A SOIL CONSERVATION PERMIT – EASY STREET SANITARY SEWER EXTENSION - On motion by Mayor Doughty seconded by Committeewoman DeLanzo 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 authorization to apply for a Soil Conservation Permit for Easy Street Sanitary Sewer Extension, is hereby approved.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

46. RESOLUTION NO. 158-03 – AUTHORIZATION TO APPLY FOR THE NJDEP LURP – 1 PERMIT – EASY STREET SANITARY SEWER EXTENSION - On motion by Mayor Doughty seconded by Committeewoman DeLanzo 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 authorization to apply for the NJDEP Lurp-1 Permit for Easy Street Sanitary Sewer Extension, is hereby approved.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

47. RESOLUTION NO. 159-03 – OPPOSING THE IMPOSITION OF A SALT WATER FISHING LICENSE - On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Administration of James E. McGreevey announced that it was considering the imposition of a salt water fishing license as a means to generate state revenue, and

WHEREAS, the recommendation for a salt water fishing license appears to be based on a consultants report prepared for Bradley Campbell, Commissioner, New Jersey Department of Environmental Protection, and

WHEREAS, tourism is the largest industry in the State of New Jersey, and

WHEREAS, the tourism industry is responsible for nearly 121,000 jobs generating $3.64 billion in revenue in Cape May County alone, and

WHEREAS, tourism activities in Cape May County generate $429.2 million in state taxes and $201.2 million in local taxes, and

WHEREAS, recreational salt water fishing is a family oriented activity that is an integral part of the Jersey Shore experience and is an important component of Cape May County’s tourism economy with numerous small family businesses supporting fishing activities.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May the governing body thereof, that the Township of Middle wishes it formally known that it strongly opposes the imposition of a salt water fishing license because of the negative impacts on tourism, small businesses and the economy in general.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to Governor James E. McGreevey, Cape May County Legislators, NJDEP Commissioner, Bradley Campbell, and all Cape May County Municipalities.

48. RESOLUTION NO. 160-03 – URGING THE GOVERNOR TO RESTORE FUNDING FOR THE NEW JERSEY COUNCIL OF THE ARTS, NEW JERSEY HISTORICAL COMMISSION AND THE NEW JERSEY CULTURAL TRUST - On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the people of Middle Township deserve access to high quality history and cultural programs that build pride in our communities and improve its quality of life, and

WHEREAS, the Governor’s fiscal year 2003/2004 budget eliminates the entire $33.2 million in funding for staff, operations and grants of the New Jersey State Council on the Arts, the New Jersey Historical Commission or the New Jersey Cultural Trust, and

WHEREAS, this budgetary action eliminates State support for nearly 600 local arts and history programs shifting the entire burden for their sustenance upon local governments, and

WHEREAS, the arts and history improve our schools, attract tourists, celebrate diversity, teach tolerances, instill patriotism, revitalize our cities and towns and support local business, all of which will be undermined by that action, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, governing body thereof, that we call upon the Governor and Legislature of New Jersey for full restoration of funding for the grants, staffs and operations of the New Jersey State Council of the Arts, the New Jersey Historical Commission and the New Jersey Cultural Trust.

49. RESOLUTION NO. 161-03 – PROMOTION – VERA KALISH – PRINCIPAL PERSONNEL CLERK - On motion by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

NAME	TITLE	SALARY	EFF. DATE
Vera Kalish	Principal Personnel Clerk	$32,000.00	4/1/2003

50. RESOLUTION 162-03 – APPOINTING CLASS I AND CLASS III MEMBERS OF THE TOWNSHIP OF MIDDLE PLANNING BOARD - On motion by Committeeman Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40:55D-23a allows the Mayor or the Mayor Designee to serve as a Class I member of the Planning Board; and

WHEREAS, N.J.S.A. 40:55D-23a allows the Governing Body of the Municipality to appoint a member of the Governing Body, not the Mayor, to be appointed to the Planning Board; and

WHEREAS, the Planning Board is vacant in both Class I and Class III membership;

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 fill the following positions on the Planning Board.

Class I (Mayor’s Designee) Vilma Pombo

Class III (Member of the Governing Body) Committeewoman Susan L. DeLanzo

51. ITEM OF DISCUSSION – JEFFERY APRIL DISCUSSION ON DELCO: --- TABLED

52. RESOLUTION NO. 163-03 – HOLY REDEEMER 20^TH ANNIVERSARY - - On motion by Mayor Doughty seconded by Committeewoman DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Holy Redeemer Visiting Nurse Agency is celebrating its 20^th Anniversary of providing high quality home health and hospice care to Cape May, Ocean and Atlantic counties, and

WHEREAS, Holy Redeemer Visiting Nurse Agency was founded on December 2, 1982, with 25 patients and a staff of 12, and began providing hone health services to the residents of Cape May County, and

WHEREAS, today, Holy Redeemer Visiting Nurse Agency has a staff of more than 230 caring home health professionals who provide compassionate home health and hospice care to the residents of Cape May, Atlantic and Ocean counties, and

WHEREAS, an integral part of the community, Holy Redeemer Visiting Nurse Agency has touched the lives of thousands of homebound and terminally ill patients over the past 20 years, and cares for the underserved members of the community through its food band and other outreach programs,

NOW, THEREFORE, on this 7^th day of April, two thousand and three, Mayor F. Nathan Doughty, Jr., Deputy Mayor Charles M. Leusner and Committeewoman Susan L. DeLanso of the Township of Middle extend their congratulations and thanks to Holy Redeemer Visiting Nurse Agency for its significant contributions to the community.

53. RESOLUTION NO. 164-03 – EMERGENCY TEMPORARY BUDGET AMENDMENT - On motion

by Committeeman Leusner seconded by Committeewoman DeLanzo and passed on roll call the

following resolution was adopted.

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2003

temporary appropriations for the aforesaid purpose; and NJSA 40A:4-20 provides for the creation of an

emergency appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted pursuant to the provisions of Chapter 96

PL 1951 (NJSA 40A:4-20) including this resolution total $1,359,250.00

NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively

concurring) that in accordance with NJSA 40A:4-20

An emergency temporary appropriation be and the same is hereby made in the amount of $1,359,250

That said emergency temporary appropriation shall be provided for in the 2003 budget under the title of: