July 21, 2003

Cape May Court House, NJ

July 21, 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 Kimberly Tomkinson.

1. PRESENTATION AND DISCUSSION – SANDCASTLE COVE DEVELOPMENT

(6:30pm Clerk/ Administrator Alexis and Engineer Orlando excused themselves from the room due to conflict) Mr. Thornton from Hatch, Mott, MacDonald informed the public of issues concerning the above referenced project, one’s that have arose during the construction of the sanitary sewer lines running through the subdivision. He described numerous tests preformed and corresponding results of those test with supporting pictures and a video. After Mr. Thornton’s presentation, the Township Committee opened the meeting up for public discussion…

Karen Higgins (owner of one of the parcels in Sandcastle Cove) asked committee and Mr. Thornton when this problem was brought to the townships attention and to whether the contractor (Quality Environmental Land Management Inc.) had to be licenses with the State and/or Township? She asked if a test was performed after each step was completed and whether a township inspector was onsite?

Mr. Thornton – informed her that he believed that the contractor is licensed with the Township, and yes tests were done after the completion of each area with the presence of a Township inspector. Mr. Barone (Quality Environmental Land Management Inc.) was told to cease work when the problems were discovered.

K. Higgins – “Don’t you need permit’s”

Thornton – “yes – Mr. Barone conducted work at his own risk of possible future problems with the lines even though he was told to cease work immediately.”

K. Higgins – “Is the Developer under any violation”

Bruce Gorman – “only violation to his site plan”

Thornton – Developer was notified that asphalt should not be applied and we reminded him that he was ordered to cease activities

K. Higgins – “Let me get this straight… in Middle Township – how it works is once the developer completes the lines the township takes possession of those lines….”

B. Gorman – “yes, that’s how all municipalities work… once the lines pass inspection.” He explained to her the procedure of taking of a developers performance bond and the actions that must be taken before hand.

K. Higgins – “ What would be a reasonable time period to wait for the corrections to take place?”

B. Gorman – “ We will give them adequate time to comply with the request for corrections and then consider the taking of the bond.”

Jeff Shoppler – “Did the developer give a remedy to the problems?”

Thornton – “yes to correct the area indicated in yellow on the display, but our recommendation is that the whole line be replaced. Theory is that those problems could never have passed the tests rendered, meaning that those problems most likely occurred during the lapse time between the test and the video recording.

Barbara Roach- Kublitski(Calloway Reality) – “was the area in blue on your display ever recorded?” Note* section of display that passed the tests*

Thornton – “no”

SHOWING OF VIDEO TO PUBLIC

J. Shoppler – “Did Farrell hire this person to record the video?”

Thornton – “yes”

Thornton – (pointing out section of video to public) “this area indicates a sag in the pipe.”

B. Gorman – “Mr. Thornton, could you explain what sag means?”

Thornton – sag means area in pipe that slopes downward then rises again – with the future of preventing effective flowing of materials through the pipes”

Committeemember Leusner – “could this sag in this area of the pipe cause a backup in the houses?”

Thornton – unlikely from this area

Barbara Roach – Kublitski – “what position is the developer taking to correct this problem? Will taxes go up if the township has to correct the problem in the future?”

B. Gorman – “to patch the problem areas”

Thorton – “Patching alone doesn’t achieve integrity”

B. Gorman – this would create a weak pipe, and YES taxes will go up if the system breaks in the future and yes the taxpayers will have to pay to fix it.

K. Higgins – “Let’s assume developer doesn’t fix the problem, at what point will the township take over?”

Mayor Doughty - the issue will go in front of Judge Purski because Farrow is suing the township and Barone – hopefully this will expedite the process.

B. Gorman – this all depends on the developer – if he complies with the township then we will not have to take the bond. We will give this company responsible time, but this will not go on forever.

Debbie Holsworth (owner of parcel in Sandcastle Cove)- “If the area in “yellow” is rectified can you issue “C.O.’s” on that area?”

B. Gorman – can not state that right at this point

K Higgins – “Is it right that there are no more building permits being issued?”

Mayor Doughty – yes

Deborah Butler – “Why can’t building permits be issued?”

B. Gorman – “We will have that area fixed then issue permits as soon as possible.”

Committeemember Leusner – “My question is to whether the public is informed of the problems in that area before they consider buying…”

Deborah Butler – Yes, I know I am a realtor

Committeemember Leusner – “Kathy Meers, Do you know of any other developer that does his own sewer work?”

K. Meers - “No”

B. Gorman – “I bet you all are saying, why didn’t he have a company that specializes in this do the work for him…. Well, there is no law that says he has too.”

K. Higgins – “This is only phase one of the project, is the township going to say, “you have to hire a respectable company?”

B. Gorman – we can’t

Committeemember DeLanzo – “I think page 9 of your report Mr. Thornton says it all (referring to “Excerpts from: Sanitary Sewer Specifications for the Township of Middle, Cape May Court House, New Jersey, Sand Castle Cove”). He was told by his own engineer requirements that he didn’t follow.”

K. Higgins – “Where do we as property owners go to stay in touch with the details of progress?”

Mayor Doughty – Please contact the township.

B. Gorman – The Press of Atlantic City & Gazette are both here tonight and I’m sure will be following up

Thornton – This is not the only thing incomplete with the project. The catch basins are also not finished.

Charles Wynberg – “Why not issue permits if you believe these corrections will be done before 3-4 months (the time needed to build a home)

B. Gorman – “Because the less money spent the better”

(7:15pm Engineer Orlando and Clerk/Administrator Alexis returned to the meeting)

2. ORDINANCE NO. 1138-03 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 236, VEHICLES AND TRAFFIC; ARTICLE VI, SCHEDULES; SCHEDULE I: SPEED LIMITS – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1138-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 08/18/2003 at 6:00 p.m.

3. RESOLUTION NO. 302-03 – EMERGENCY APPROPRIATION – DOWN PAYMENT – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, an emergency has arisen with respects to a “Down Payment on Improvements ” and no adequate provision was made in the 2003 budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purposes mentioned, and

WHEREAS, the total amount of emergency appropriation (s) created including the appropriation to be created by this resolution is--------------------------------$11,298.00

And three percent of the total operations in the budget for

the year 2003 is----------------------------------------------------------------------$422,751.64

NOW, THERFORE , BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48,

An emergency appropriation be and the same is herby made for “Down Payments on Improvements” in the amount of--------------------$11,298.00
That said emergency be provided in full in the 2003 budget.
That two certified copies of this resolution be filed with the Director of the Local Government Services.

Need of Emergency Appropriation:

The Township is under court order as part of condemnation proceedings to provide an additional $350,000 appropriation over and above the existing ordinance for the Acquisition of Land – Fort Apache. In order to do this, the Township is authorizing an emergency appropriation for the down payment funds needed for this ordinance.

Date of Happening: N/A

Have any contracts been awarded or purchase orders placed in connection with this emergency appropriation? NO

Have any payments been made in connection with this emergency appropriation? NO

If costs are in excess of $17,500 for either labor or materials, or both, will bids be advertised for? N/A

If not, have resolutions been adopted declaring an exigency to exist which will not permit the advertisement for public bids? NA

Will work be performed by contract, force account or otherwise? N/A

______________________________________________

Tracey Taverner, Chief Financial Officer

____________

Date

4. RESOLUTION NO. 303-03 – EMERGENCY APPROPRATION – ACQUISITION OF LAND – FORT APACHE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, a condition has arisen with respect to the Acquisition of Land – Fort Apache and no adequate provision was made in the 2003 budget or in ordinances previously adopted for the aforesaid purpose, and N.J.S. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned, and

WHEREAS, the initial amount provided for this purpose authorized by Ordinance 1107-02 and a line item in the 2002 budget provided an appropriation of $850,000 for said purpose; and

WHEREAS, the that the original amount funded was insufficient to meet the full cost of the project;

WHEREAS, the total amount of emergency appropriations created including the appropriation to be created by this resolution is $361,298.00 and three percent of the total operations in the budget for the year 2003 is $422,751.64.

NOW, THEREFORE BE IT RESOLVED that in accordance with N.J.S.A. 40A:4-48,

An emergency appropriation be and the same is hereby made for Capital Improvements – Acquisition of Land – Fort Apache in the amount of $350,000.00.

That said emergency appropriation shall be funded in full by the adoption of a Capital Ordinance prior to December 31, 2003.

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed with the Director of the Division of Local Government Services.

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

5. RESOLUTION NO. 304-03 – ACKNOWLEDGEMENT OF RESIGNATION – LOCAL ASSISTANCE BOARD – On motion by Committeemember Leusner seconded by Committeemember 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 the following resignation listed below, is acknowledged.

EMPLOYEE DEPARTMENT EFFECTIVE

Bonita Millard

Local Assistance Board

July 14, 2003

6. RESOLUTION NO. 305-03 – AUTHORIZING RELOCATION OF RAMPAGE TRAILER COMPANY – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, an application has been filed with the Township of Middle to relocate Rampage Trailer Company, and

WHEREAS, the new location of this Trailer Sales facility will be located at 5-104 Enterprise Drive, Cape May Court House.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the relocation of Rampage Trailer Company is hereby authorized.

7. RESOLUTION 306-03 – APPROVE CHANGE ORDER NO. 1 – EMERGENCY HOUSING CONTRACT 03-02 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Pursuant to N.J.A.C.5:30 and N.J.S.A.40A:11-37.1 and,

BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape My, State of New Jersey, that the attached Change Order #1 for Emergency Housing Contract #03-02, from Anzelone Electric Company, LLC, be and is hereby approved.

Anzelone Electric Company, LLC - $22.00 – Change Order #1

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

8. RESOLUTION NO. 307-03 – SOCIAL AFFAIRS PERMIT – CAPE MAY COUNTY DISABLED AMERICAN VETERANS CHAPTER 44 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Cape May County Disabled American Veterans Chapter 44 has applied for approval to sell alcoholic beverages at their 19^th Annual Picnic to be held at 1010 Bayshore Road, Del Haven on August 16, 2003 (with a rain date of August 17, 2003) from 12pm to 8 pm, 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.

9. RESOLUTION NO. 308-03 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF & COUNTRY CLUB – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Wildwood Golf & Country Club has applied for approval to sell alcoholic beverages at a Charity Golf Tournament to be held at 1170 Golf Club Road on September 7, 2003 (with a rain date of September 21, 2003) from 11am to 11 pm, 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.

10. RESOLUTION NO. 309-03 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF & COUNTRY CLUB – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Wildwood Golf & Country Club has applied for approval to sell alcoholic beverages at a Charity Golf Tournament to be held at 1170 Golf Club Road on September 11, 2003 from 11am to 11 pm, 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

11. RESOLUTION – CLOSED SESSION – MATTERS OF PENDING LITIGATION* TABLED *– On motion by seconded by and passed on roll call, the following resolution was adopted.

12. RESOLUTION NO. 310-03 – CONFIRMATION OF SALE OF LAND – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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 # 1 $16,000.00 Block: 840 Lot: 25, 27, 29, 31, 33 & 35

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

Parcel # 1 Chazray Builders, Inc. 314 Hackettstown, NJ 07840

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.

13. RESOLUTION NO. 311-03 – AWARD EMERGENCY REPAIR CONTRACT – DELTRONICS CORPORATION – SAYRE PUMPING SYSTEM – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, 40A:11-6 provides for the negotiating and awarding of a contract without public advertising for bids when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services, and

WHEREAS, this contract is under the bid threshold but still exercises an emergency purchase.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following Emergency Repair contract has been approved:

Deltronics Corporation for emergency repair to Sayre Pumping Station for a cost of $11,700.00

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

14. RESOLUTION NO. 312-03 – RELEASE OF PERFORMANCE BOND – HOME DEPOT USA, INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $1,932,681.09 is being held as a Performance Guarantee for Home Depot USA, Inc. for site plan improvements at Block 918, Lot 1.06, 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 Irrevocable Letter of Credit with Wachovia Bank be and is hereby released.

15. RESOLUTION NO. 313-03 – APPROVE EXTENTION OF LEAVE – NICOLE SWEITZER – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, on April 21, 2003 Nicole Sweitzer was granted leave through the Family Leave Act, and

WHEREAS, she has submitted a request to extend her leave until September 1, 2003 without pay.

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 leave for Nicole Sweitzer is hereby extended until; September 1, 2003 without pay.

16. RESOLUTION NO. 314-03 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember DeLanzo seconded by Mayor Doughty 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.

EMPLOYEE DEPARTMENT EFFECTIVE

Joseph Reid

Telecommunication Operator P/T

July 7, 2003

17. RESOLUTION NO. 315-03 – LOCAL FINANCE BOARD – ANNUAL AUDIT OF BOOKS, ACCOUNTS & TRANSACTIONS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40A:5-4 requires that governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, The Annual Report of Audit for the year 2002 has been filed by a Registered Municipal Accountant with the Township Committee and also James Alexis, Township Clerk, as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body, and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34, and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations

and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

General Comments

Recommendations

As evidenced by the group affidavit form of the governing body, and

WHEREAS, such resolution of certification shall be adopted by the governing body no further than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

Continued …

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed o the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject he members of the local governing body to the penalty provisions of R.S. 52:27BB-52 – to wit:

R.S. 52:27BB-52 – “ A local officer of member of a local governing body

who, after a date fixed for compliance, fails or refuses to obey an order of

the director (Director of Government Services), under the provisions of

this Article, shall be guilty of a misdemeanor and, upon conviction, may be

fined not more than One Thousand Dollars( $1,000.00) or imprisoned for

not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, hereby states that it has complied with the promulgation of the Local Finance Board of the State of

New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance.

18. RESOLUTION NO. 316-03 – REFUND OF PAYMENT – SEWER – On motion by Committeemember 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, the governing body thereof, that the Director of Sewer is hereby authorized to make the adjustment to sewer account referenced below:

ACCT. NO.	OWNER	BLK / LOT	AMOUNT
14584	Cecilia J. Shea	1466 / 8.01	$115.00

19. RESOLUTION NO. 317-03 – ADJUSTMENT OF ACCOUNT – CREDIT TO ACCOUNT – SEWER – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

ACCT. NO.	OWNER	BLK / LOT	AMOUNT
17082	Perry Conte	299 / 21	$502.17

20. RESOLUTION NO. 318-03 – REASSIGNMENT OF PAYMENT – SEWER – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, funds in the amount of $130.00 credited to Account # 04715 will be transferred to Account # 04713- 1^st Baptist Church, and

WHEREAS, it is at the request of the Sewer Director that Account No. 04715 for reasons defined, be made inactive.

21. RESOLUTION NO. 319-03 – AUTHORIZE APPLICATION – N.J. DIVISION OF HIGHWAY SAFETY GRANT – 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 authorization to apply for the NJ Division of Highway Safety Grant be and is hereby approved.

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

22. RESOLUTION NO. 320-03 – APPROVE VENDOR LICENSE – WIZARD’S ICE CREAM – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Wizard’s Ice Cream has applied for a Vendor’s License to operate an ice cream truck in Middle Township,

WHEREAS, proper applications have been made to the Township of Middle, County of Cape May, State of New Jersey and the proper fees have been paid.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey that the vendor applicant is hereby licensed by the Township of Middle to operate an ice cream truck in Middle Township from July 21, 2003 through December 31, 2003.

23. RESOLUTION – APPROVE VENDOR LICENSE – FUDGY WUDGY ICE CREAM * TABLED* – On motion by seconded by and passed on roll call, the following resolution was adopted.

24. REPORTS – The following reports have been submitted to the Clerk’s Office for the following months; Municipal Courts for the month of June; Treasurer’s Office for the month of May

25. RESOLUTION NO. 321-03 – 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.

26. RESOLUTION NO. 322-03 – APPROVING MINUTES FOR 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 July 7, 2003 are hereby approved.

27. RESOLUTION NO. 323-03 – APPOINTMENTS – CLEAN COMMUNITIES PROGRAM – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to utilize their 2003 Entitlement for the Clean Communities Program, and

WHEREAS, the following appointments are funded through the monies received through the grant in order to operate the program.

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 employees are hereby appointed to the following position at the salary opposite their name under the direction of Kathy Meers, Sewer Director:

NAME	TITLE	SALARY	EFF. DATE
Robert Long	Supervisor	$9.00 Per Hour	7/21/2003
Darius Graham	Laborer	$6.00 Per Hour	7/21/2003
Robert Miller	Laborer	$6.00 Per Hour	7/21/2003

28. RESOLUTION NO. 324-03 – RELEASE PERFORMANCE BOND – ROSLEN INC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $56,831.16 is being held as a Performance Guarantee for Ros-Len Inc. for site plan improvements at Block 326 Lots 5.01 & 7, 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 Ros-Len Inc. be and is hereby released.

29. RESOLUTION NO. 325-03 – EXTENSION OF GRACE PERIOD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, according to State Statute N.J.S.A. 54:4-67 tax bills must be mailed at

least twenty five (25) days prior to delinquency date, and

WHEREAS, the 2003 final 2004 preliminary tax bills will be mailed on or before

July 25, 2003;

BE IT HEREBY RESOLVED by The Township Committee of the Township of Middle, the grace period for paying the third (3^rd) quarter of 2003 taxes, without interest penalty, be extended to August 22, 2003.

30. RESOLUTION NO. 326-03 – REFUND OF 2003 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to assessment lowered for 2003

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

146	4.02	12	Hackett, Debra L 25 Cardinal Drive Cape May Court House, NJ 08210 Property Location: 25 Cardinal Drive	625.19
1325	47	7	Carr, Catherine M 14 Martha Louise Ave Cape May Court House, NJ 08210 Property Location: 14 Martha Louise Ave	13.93
1953	95.06	14.25	Quality Environmental Land Mgt Inc P O Box 502 Goshen, NJ 08218 Property Location: Sand Castle Drive	13.69
17235	163.01	58.03	Larusso & Tozour LLC 46 Roosevelt Blvd Marmora, NJ 08223 Property Location: 2 Wynndemere Court	132.05
3372	166	14.01	Ros-Len Inc 9 Covenger Court Medford, NJ 08085 Property Location: 4 Amber Jack Rd	192.64
3507	168