July 7, 2003

Cape May Court House, NJ

July 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 Committee member DeLanzo, Clerk/ Business Administrator Alexis, Attorney Gorman, Engineer Orlando, & Deputy Clerk Kimberly Tomkinson.

1. ORDINANCE NO. 1128-03 – VACATING A PORTION OF SEVENTH AVENUE AS SHOWN ON PAGE 29.15 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1128-03 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

2. ORDINANCE NO. 1137-03 – BOND ORDINANCE PROVIDING FOR WHITESBORO/

EDGEWOOD PHASE I SANITARY SEWER PROJECT IN AND BY THE TOWNSHIP OF

MIDDLE, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $4,355,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $3,039,000 BONDS OR NOTES OF

THE TOWNSHIP FOR FINANCING THE COST THEREOF. - Following second reading, hearing,

and consideration for adoption, Ordinance 1137-03 was adopted on motion by Mayor Doughty seconded

by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

PUBLIC HEARING: Mr. Sabastiano of Pierces Point asked how come there isn’t enough money to redo his road but there is money for this. Mayor Doughty and James Alexis explained that the money for this project is paid for by the residents that will use the project.

3. RESOLUTION NO. 277-03 – APPROVE APPLICATION FOR RAFFLE LICENSE – OUR LADY OF ANGELS CHURCH – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Our Lady of Angels Church has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, Rte 9 and Crest Haven Road, CMCH, otherwise known as Cape May County Park, has been approved by the Middle Township Committee as an Amusement Game Zone, and

WHEREAS, the Rain Location will be held at Our Lady of the Angels Parish Hall, Garden State Parkway, and

WHEREAS, the Department of Law and Public Safety, Division of Consumer Affairs, Legalized Games of Chance Control Commission, determines fees and rules of conduct,

WHEREAS, the proper application and fee have been received.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night September 14, 2003 at the location of Rte 9 and Crest Haven Road (Otherwise known as Cape May County Park), is hereby approved.

4. RESOLUTION NO. 278-03 – SUPPORTING NEW JERSEY ASSEMBLY BILL NO. 2753 AND NEW JERSEY SENATE BILL NO. 1924 – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the unproved attack on the United States carried out by international terrorists on September 11, 2001 against targets in New York City, Washington, D.C., and Arlington, Virginia resulted in the deaths of thousand of innocent people, injury to countless others, and the destruction of innumerable lives, and

WHEREAS, among the victims of this depraved act were civilian and government workers, military personnel, airline passengers and crew members, police officers, fire fighters and paramedics, many of whom resided in this state, and

WHEREAS, the ash from the World Trade Center Site, which contains the remains of victims of September 11, 2001, has been held at Fresh Kills Landfill in Staten Island, New York, and

WHEREAS, it is fitting and proper for the state to honor the victims of September 11, 2001 by returning their ashes to the site of a memorial at the World Trade Center in their honor, and

WHEREAS, A-2753/ S 1924 require the Port Authority of New York and New Jersey to honor the victims of the World Trade Center by covering the ashes of their remains, lacing them in containers and transporting them from the Fresh Kills Landfill and returning them to the World Trade Center Site to be used in a memorial built in their honor, and

WHEREAS, A-2753 / S – 1924 shall take effect upon enactment into law by the State of New York by legislation having an identical effect with this legislation.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that Township Committee does hereby endorse and support the passage of A-2753 / S-1924 by the New Jersey legislature and enactment into law of identical legislation by the State of New York.

5. RESOLUTION NO. 279-03 – APPOINTMENT – NEW HIRE – PUBLIC SAFETY / TELECOMMUNICATIONS OPERATOR – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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
Michael Linz Jr.	Public Safety / Telecommunications Operator	$9.86 per hour	6/20/2003

6. RESOLUTION NO. 280-03 – RELEASE PERFORMANCE BOND – SCHOOLHOUSE OFFICE ASSOCIATES, LLC. – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, $210,335.40 is being held as a Performance Guarantee for Schoolhouse Office Associates, LLC. for site plan improvements at Rte 9 & Schoolhouse Lane, Cape May Court House, and

WHEREAS, the Engineer for the Township of Middle has conducted his inspection and certified that all improvements have been completed, and

WHEREAS, the Zoning Officer for the Township of Middle has recommended that the performance bond be released, and

WHEREAS, the Land Use Law of the State of New Jersey (NJS 40:55D-1 et seq) requires such a release upon recommendation by the Township Engineer,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement in the name of Schoolhouse Office Associates, LLC. be and is hereby released.

7. RESOLUTION – RELEASE PERFORMANCE BOND – ROS-LEN INC.- *TABLED* – On motion by seconded by and passed on roll call, the following resolution was adopted.

8. RESOLUTION NO. 281-03 – TITLE CHANGE – RICHARD CEGLARSKI – ASSISTANT PUBLIC WORKS INSPECTOR – On motion by Mayor Doughty seconded by Committeemember 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 following employee is hereby approved to the Title Change opposite their name:

Name	Title	Salary	Eff. Date
Richard Ceglarski	Assistant Public Works Inspector	$31,728.00	6/11/2003

9. RESOLUTION NO. 282-03 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Township Committee added “With Regrets”.

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.

EMPLOYEE DEPARTMENT EFFECTIVE

Beverly Herman

Welfare Department and Secretary to Rent Leveling Board

June 30, 2003

10. RESOLUTION NO. 283-03 & 284-03 – CONFIRMATION OF SALE OF LAND (ITEMS A THROUGH B) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

(A)283-03 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.: 198-03 Adopted: May 5, 2003 Sale Date: May 28, 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 # 7 $27,900.00 Block: 1057 Lot: 12.02, 13 & 14

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

Parcel # 7 Gregory Whissell 731 Sunset Blvd. West Cape May, 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.

(B)284-03 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.: 198-03 Adopted: May 5, 2003 Sale Date: May 28, 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 # 26 $13,200.00 Block: 196 Lot: 59,61,63,65,67-78, 80,83

85-90, 92-100

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

Parcel # 26 Dawn and Alert Pitt 20 Chestnut Ave Burleigh, NJ 08210

11. REPORTS – The following reports have been submitted for the Month of June- Township Clerk’s Office; Zoning Officers Office; Construction Officials Office; Tax Collector’s Office. These reports are available in the Township Clerk’s Office for inspection.

12. RESOLUTION NO. 285-03 – APPROVING MINUTES FROM PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Committeemember 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 June 16, 2003 are hereby approved.

13. RESOLUTION NO. 286-03 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Leusner seconded by Committeemember 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.

14. RESOLUTION NO. 287-03 – AUTHORIZATION TO EXTEND DATE OF FINAL PAYMENT FOR ECONOMIC DEVELOPMENT LOAN – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Kathy Janicki operating a company known as Hairport Beauty Salon, within the LeRic Plaza, 1127 Rt 47 S, Rio Grande, NJ 08242, received an Economic Development Loan April 1, 1999 in the amount of $15,000.00, and

WHEREAS, all payments due to satisfy the loan agreement have been made and the loan has been kept current to date, and

WHEREAS, the construction of the Route 47-1C Project, in the Rio Grande section of the Township is placing a financial burden on the commercial establishments located within the construction area;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the four (4) remaining quarterly payments be held in abeyance until October 1, 2004 and that the four (4) remaining payments shall be made October 1, 2004, January 1, 2005, April 1, 2005 and the final payment no later than July 1, 2005. The quarterly payment is $831.23.

15. RESOLUTION NO. 288-03 – RATIFYING MUNICIPAL ALLIANCE CONTRACT WITH CAPE MAY COUNTY FOR YEAR 2004 – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 appropriate officials are hereby authorized to sign the subcontract between the Township of Middle and the County of Cape May for the Municipal Alliance Program.

16. RESOLUTION NO. 289-03 – AWARD OF BID – CARDINAL DRIVE PAVING AND ATLANTIC AVE. DRAINAGE – ALBRECHT & HEUN – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, it has been deemed necessary and desirable to solicit bids for the paving of Cardinal Drive and drainage on Atlantic Ave., and

WHEREAS, sealed bids were received on June 25, 2003 at 3:00 PM, and

WHEREAS, it appears that the following bid submitted represents a figure equal to the lowest bid received which complies with specifications.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Contract for the Cardinal Drive paving and Atlantic Ave. drainage shall be awarded to the following Contractor for the total bid price listed below:

Albrecht & Heun.-----------------------$101,222.00

FURTHER RESOLVED, that this award is conditioned upon certification of funds and submission of appropriate affirmative action forms.

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

17. RESOLUTION NO. 290-03 – CLOSED SESSION – MATTERS OF POTENTIAL AND PENDING LITIGATION – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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: MATTERS OF POTENTIAL AND PENDING LITIGATION.

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

18. RESOLUTION NO. 291-03 – LOCAL PUBLIC CONTRACT – MARLOWE AND COMPANY – PUBLIC AFFAIRS CONSULTING SERVICES – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Local Public Contract Law (N.J.S.A.40A:11-1 et seq.) provides for the award of contracts, for professional services without advertising for bids, and

WHEREAS, the Township of Middle requires said services and funds are available for said purpose,

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 is hereby appointed to the position designated below for the period beginning on July 1, 2003.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services for the period from July 1, 2003 through December 31, 2003.

Marlowe and Company – Public Affairs Consulting Services

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

19. RESOLUTION NO. 292-03 – AMENDING LOCAL PUBLIC CONTRACT – LOCAL COUNCIL – BRUCE M. GORMAN – SANITARY SEWER SYSTEM – WHITESBORO/ EDGEWOOD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, this resolution reflects an amendment to Resolution No. 437-02 approved on December 2, 2002, and

WHEREAS, the Local Public Contract Law (N.J.S.A.40A:11-1 et seq.) provides for the award of contracts, for professional services without advertising for bids, and

WHEREAS, the Township of Middle requires said services and funds are available for said purpose,

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services for the period from December 2, 2002 through completion of the project.

Local Council – Bruce M. Gorman – Whitesboro / Edgewood Sanitary Sewer System

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

20. RESOLUTION NO. 293-03 – AUTHORIZE APPLICATION TO OFFICE OF NATIONAL DRUG CONTROL FOR A TECHNOLOGY TRANSFER PROGRAM – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, at no cost to the Township, this grant will enable the Police Department to receive two (2) night vision devices and accessories.

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that approval for the Application to the Office of National Drug Control for a technology transfer program is hereby approved.

FURTHER RESOLVED, that Police Captain Joseph Evangelista is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

21. RESOLUTION NO. 294-03 – AUTHORIZATION FOR MAYOR TO SIGN NJ DEP LURP – 1 FORM – SOUTH JERSEY GAS COMPANY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, South Jersey Gas Company has determined it is necessary to install an 8” high-pressure natural gas pipeline along Avalon Blvd. from Route 9 in Middle Township to Dune Drive in the Borough of Avalon, and

WHEREAS, SJG has requested Hatch Mott MacDonald to site and file all necessary permits for the proposed pipeline, and

WHEREAS, Hatch Mott MacDonald has submitted a Land Use Regulation Program Form ( LURP) to the Township of Middle in conjunction with this project to be signed by the Mayor.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Mayor is hereby authorized to sign the NJDEP LURP 1 Form as submitted by Hatch Mott MacDonald for South Jersey Gas Company.

22. RESOLUTION NO. 295-03 – APPOINTMENT – NEW HIRE – CODE ENFORCEMENT OFFICER TRAINEE – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

NAME	TITLE	SALARY	EFF. DATE
James Amenhauser Sr.	Code Enforcement Officer Trainee	$18, 720.00	7/14/2003

23. RESOLUTION NO. 296-03 – AUTHORIZATION FOR MAYOR TO SIGN STREET ACCESS PERMIT – ROS LEN INC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Ros Len Inc. has submitted a NJ DOT Street Access Permit to the Township of Middle in connection with a project located at Block 99.02 Lot(s) 31.06 and 32, and

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Mayor is hereby authorized to sign the NJ DOT Street Access Permit in connection with the subdivision plans under the name of Ros Len located at Block 99.02 Lot(s) 31.06 & 32.

24. RESOLUTION NO. 297-03 – ACCEPTING CORRECTIVE ACTION PLAN – AUDIT 2002 – On motion by Committeemember Leusner seconded by Committeemember 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 following is hereby accepted as the Corrective Action Plan for the 2002 Audit for the Township of Middle:

Finding #1:

a. Description: A number of inter-funds were reflected on the various balance sheets at December 31, 2002.

b. Analysis: The inter-funds resulted in charges against fund balances to the current account.

c. Corrective Action: That all inter-fund balances be liquidated prior to the end of the year.

d. Implementation Date: July 7, 2003.

Finding #2:

a. Description: The Township did not update its Fixed Asset Ledger for 2002. The Fixed Asset Ledger should be capitalized on.

b. Analysis: The Township is in violation of the Division of Local Government Services Technical Accounting Directive.

c. Corrective Action: That the Fixed Asset Ledger be maintained on a current basis.

d. Implementation Date: July 7, 2003. The Township will secure a private company to bring its Fixed Asset Inventory up to day and amend the Fixed Asset Ledger to reflect the changes.

Finding #3:

a. Description: In some cases, the documentation for accumulated absences was insufficient.

b. Analysis: The Township was not in compliance with N.J.A.C. 5:30-15. As of the date of this report, steps are being taken by the Township to improve the record keeping in this area.

c. Corrective Action: That adequate procedures be implemented and maintained for the record keeping related to accumulated absence balances due to employees.

d. Implementation Date: July 7, 2003.

FURTHER BE IT RESOLVED, that a copy of this Resolution be forwarded to the Department of Community Affairs Division of Local Government Services.

25. RESOLUTION NO. 298-03 – AUTHORIZATION TO AWARD BID OF EMERGENCY HOUSING REPAIR TO ANZELONE ELECTRIC FOR RUTH BEATTY PROPERTY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle intends to repair and rehabilitate the premises located in the Township of Middle, County of Cape May and commonly known as 18 E. Lena Street, Whitesboro, NJ 08252, and designated on the Township of Middle’s Tax Map as Block 6, Lots 7 & 29, and

WHEREAS, the Township of Middle has, as a result of an application to the NJ Department of Community Affairs (DCA), funds to conduct Emergency Housing Rehabilitation activities, and

WHEREAS, the owner desires to utilize the services provided by the Township in connection with said program and meets all the requirements of the Emergency Housing Program; and

WHEREAS, Anzelone Electric was the low bidder for this project, coming in at $4,325.00 to complete the electrical repairs needed to bring this premises up to code;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that the Emergency Housing Repair Contract with Anzelone Electric for Ruth Beatty, copy annexed, is hereby approved.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

26. RESOLUTION NO. 299-03 – AUTHORIZATION TO AWARD BID OF EMERGENCY HOUSING REPAIR TO A-1 QUALITY ROOFING AND SIDING, INC. FOR ELLEN TROUT PROPERTY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle intends to repair and rehabilitate the premises located in the Township of Middle, County of Cape May and commonly known as 215 S Railroad Avenue, Rio Grande, NJ 08242 and designated on the Township of Middle’s Tax Map as Block 9, Lot 1432; and

WHEREAS, the Township of Middle has, as a result of an application to the NJ Department of Community Affairs (DCA), funds to conduct Emergency Housing Rehabilitation activities, and

WHEREAS, the owner desires to utilize the services provided by the Township in connection with said program and meets all the requirements of the Emergency Housing Program; and

WHEREAS, A-1 Quality Roofing & Siding, Inc. was the low bidder for this project, coming in at $4,800.00 to complete repairs needed on this premises; and

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that the Emergency Housing Repair Contract with A-1 Quality Roofing and Siding, Inc. for Ellen Trout, copy annexed, is hereby approved.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

27. CORRESPONDENCE – The Township of Middle has received correspondence from the State of New Jersey, Department of Environmental Protection regarding the municipalities’ fiscal year 2003 Entitlement of $30,555.95 for the Clean Communities Program.

28. RESOLUTION NO. 300-03 – PLACE-TO-PLACE TRANSFER – EXTENSION OF PREMISES – ACME MARKETS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Committeemember DeLanzo abstained.

WHEREAS, an application has been filed for a place to place transfer of Plenary Retail Distribution License No. 0506-44-013-002 (Acme Markets), for the purpose of expanding the premises under license wherein the sale, service and storage of alcoholic beverages are authorized, and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term.

NOW THEREFORE BE IT RESOLVED, that the Township of Middle, County of Cape May, State of New Jersey, does hereby approve, effective July 7, 2003, the expansion of the aforesaid Plenary Retail Distribution Licensed premises located at 11 Court House South Dennisville Road to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto.

Public Comment: Andy Dean from Pierces Point asked for clarification on the expansion….

Jeffery April, Atty. Responded as representative for Acme. He clarified that an extra 9 feet extension has been applied for to be used for extra storage.

29. RESOLUTION NO. 301-03 – AMENDMENT TO APPOINTMENTS – POLICE DEPARTMENT – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, on August 24, 2000 a Resolution was presented to Township Committee regarding the appointment of two new hires for the Police Department, also known as Resolution No. 206-2000, and

WHEREAS, this resolution inadvertently stated Phillip E. Johnson, Police Officer, Salary $ 26,651.00, hire effective 8/28/1999, and

WHERAS, the correct information for Resolution No. 206-2000 dated August 24, 2000 for that employee should be amended as follows:

NAME	TITLE	SALARY	EFFECTIVE DATE
Phillip E. Johnson	Police Officer	$26,651.00	8/28/2000

NOW THERFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that the amendment to Resolution No. 206-2000 is hereby approved.

30. PUBLIC COMMENT:

Mayor Doughty commented on the spectacular display at the Clarence Davies Sports Complex 4^th of July.

Committeemember DeLanzo informed residents of the two lighthouses located in our township in regards to the ACCC Lighthouse Project. All of the proceeds from the sponsors will benefit the Senior Center. They can be viewed at Kindle Ford and the Senior Center.

Committeemember Leusner informed committee that Chubby Frame passed away on Saturday. He was the former Chief of Rio Grande Fire. He was 73 Years Old and will be greatly missed.

Joanne Fox – Oyster Road – Complained of the problem at the intersection of Oyster Road & Shunpike – the brush is obstructing the view and she is concerned with the 15 house subdivision planned for that area, and that traffic is going to increase. She complained that she must roll down her window in order to “listen” for traffic. Also, she inquired to when West Johnstown Road is to reopen?

Bruce Gorman – Waiting for legal description

Theresa Casey – Thanked Committee for the traffic light at the intersection of Indian Trail and Rte 47. She also inquired about the status of Sandcastle Cove subdivision for she is the new owner of one of the parcels and is unable to get a building permit due to the sewer problems in that area.

Bruce Gorman – a meeting with a township engineer (Hatch Mott McDonald) and Mr. Barone’s engineer took place today to hopefully sort out the problems that exist with this subdivision. He agreed that there are major problems with the sewer and it must be corrected before construction is to take place. He informed Mrs. Casey that it is not the developers (Mr. Farrell) fault for he is trying to take care of the problem as soon as possible by even taking money out of his own pocket to correct the lines.

T. Casey – “When can we get answers? Why if the township knew these problems existed 2 years ago was he allowed to sell the lots?”

B. Gorman – first we have to wait and see if Mr. Barone fixes the problems once they are clarified. Mr. Barone has posted bond that in the event needed the township can use that money to correct the problem

T. Casey – “ Can this bond pay for my housing expenses because I already have sold my home and will out of a house soon?”

Mayor Doughty asked Mrs. Casey to stay in touch with Kathy Meers, Sewer Director, to keep informed of the project status.

Jim & Debra Houseworth – Also owns a home in this subdivision – “When can Twp. Take the bond?”

Bruce Gorman – We will give him time to make the corrections. When the township engineer, in this case Hatch Mott McDonald, has specified so.

Mr. Houseworth – Has a Stop order been placed?

Bruce – I believe, you would have to contact the Construction Office.

Len Pantaleo – Swainton – Asked Bruce on the Status of the Contract with Albertson he had requested?

Bruce – in progress – see me after

There being no further business, the meeting was adjourned at 6:50pm

_______________________________

James Alexis, Clerk