May 19, 2003

Cape May Court House, NJ

May 19, 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, Attorney Gorman, Engineer Orlando, Deputy Clerk Kimberly Tomkinson

1. ORDINANCE NO. 1136-03 – VACATING A PORTION OF SIXTH AVENUE AS SHOWN ON SHEET 29.15 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1136-03 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/16/2003 at 6:00 p.m.

2. RESOLUTION NO. 213-03 – APPOINTMENT – ZONING BOARD OF ADJUSTMENT – MARLYN GOLD – On motion by Mayor Doughty seconded by Committeemember Leusner 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 person be and is hereby appointed to fill the following position for the un-expired term of office opposite their name:

NAME TITLE TERM EXPIRES

Marlyn Gold Zoning Board of Adjustment Member 12/31/2004

3. RESOLUTION NO. 214-03 – CANCELLATION OF TAXES – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

CANCELLATION OF 1^st ½ 2003 TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

ACCT # BLOCK LOT NAME/LOCATION 1^st 1/2 2003 taxes

6136

389

9.04

Harris, Joseph J

Property Location: 24 Bay Shore

1902.66

4. RESOLUTION NO. 215-03 – REFUND OF TAXES – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

Refund due to payment made by former owner in error

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

5486

329.04

24.01

Pedroni Fuel Company

(former owner)

Property Location: 901 Rte 9 S

1,298.86

REFUND PAYABLE TO:

PEDRONI FUEL COMPANY

385 WHEAT RD

VINELAND, NJ 08360

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.

5. RESOLUTION NO. 216-03 – REFUND OF TAXES – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

REFUND DUE TO OVERPAYMENT MADE BY MORTGAGE COMPANY

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

568	13.02	3.02	Leahy, Christopher J & Ann B Property Location: 1844 Rte 9 N	1462.18
1463	51	10.10	Studzinski, Michael & Ingeborg Property Location: 832 Goshen Rd	723.25
1751	56.06	2	Hunt, Michael B Property Location: 1 Wayne Ave	378.08
2540	127	7	Albrecht, William A Property Location: 614 Willow Rd	725.30
17313	164.01	15.03	Standish, James W & Joan M Property Location: 7 Pine Ridge Rd	318.14
16013	164.01	46	Lare, Mark E & Maryellen Property Location: 306 Stagecoach Rd	931.06
15254	165.01	9.01	Mavrides, Demetrios & Michele A Property Location: 255 Stagecoach Rd	538.83
17247	309	12	Rowe, Gayle C Property Location: 205 E Pacific Ave	599.92
5804	354.01	1.04	Harnett, Brian P & Sulock, Michele Property Location: 546 Shunpike	837.18
6144	389	11.09	Mc Carty, Robert F Sr & Andrea Property Location:	510.11
6290	399	24	Hoover, James D Sr & Lynn Property Location: 21 Park Ave	398.10
16720	466.01	1.03	Shelton, Darrell & Anna Marie Property Location: 6 S 15^th St	87.04
13801	1410.04	26	Sullivan, Joseph Jr Property Location: 5 Blueberry Lane s	557.34
14663	1474	4	Garcia, Sol Property Locaion: 307 Linden Lane	480.17
14745	1486	7	Mc Menamin, Thomas O & Robin L Property Location: 208 Vermont Ave	523.58
4716	243	1.01 C0001	Barth Family LLC Property Location: 201 Dias Creek Rd (bank wanted to pay on C0002 Crowding)	761.95

REFUND PAYABLE TO:

TRANSAMERICA REAL ESTATE TAX SERVICE

NORTHEAST PROCESSING CENTER

58 S SERVICE RD #200

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.

6. RESOLUTION NO. 217-03 – APPOINTMENTS – NEW HIRES – PUBLIC WORKS DEPARTMENT – On motion by Mayor Doughty 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
Daniel F. Blouse Sr.	Laborer F/T	$18,720.00	5/12/03
Leroy Jones	Laborer P/T	$9.86 Per Hour	5/12/03

7. RESOLUTION NO. 218-03 – TABULATION COMMITTEE – RECONSTRUCTION OF CARDINAL DRIVE AND ATLANTIC AVE– On motion by Committeemember Leusner 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 Township Clerk/Administrator James Alexis, Chief Finance Officer Tracey Taverner, and Engineer Vince Orlando be and hereby are appointed to tabulate the bids to be taken on June 25, 2003 at 3:00p.m. in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

RECONSTRUCTION OF CARDINAL DRIVE AND ATLANTIC AVE DRAINAGE

8. RESOLUTION NO.’S 219-03 THROUGH 224-03 – CONFIRMATION OF SALE OF LAND (ITEMS A-F) – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

(219-03)(A) 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 # 7 $400.00 Block: 888 Lot: 20

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

Parcel # 7 Daniel & Bethina Farrow 514 W Wiley St. Whitesboro, NJ 08252

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.

(220-03)(B) 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 # 27 $13,500.90 Block: 197 Lots: 1 - 14

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

Parcel # 27 Albert & Dawn Pitt 20 Chestnut Ave Whitesboro, 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.

(221-03)(C) 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 # 6 $3,000.90 Block: 926 Lots: 2 & 4

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

Parcel # 6 Mark & Carmen McLendon 279 E Albert St Rahway, NJ 07065

(222-03)(D) 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 # 20 $11,600.00 Block: 176 Lots: 65-87, 89-94

Parcel # 21 $ 8,800.00 Block: 184 Lots: 81-102

Parcel # 22 $ 9,600.00 Block: 192 Lots: 75, 77, 79-100

Parcel # 23 $10,100.00 Block: 193 Lots: 1-14

Parcel # 24 $ 5,600.00 Block: 194 Lots: 7, 9, 11-21 & 23

Parcel # 25 $11,200.00 Block: 195 Lots: 1-7, 9, 11-30

Parcel # 28 $ 4,800.00 Block: 198 Lots: 13, 15, 17-21, 23, 25, 27, 29 & 31

Parcel # 29 $11,600.00 Block: 199 Lots: 1, 3, 5-28, 30, 32 & 34

Parcel # 30 $10,500.00 Block: 203 Lots: 1-18, 20 & 22

Parcel # 31 $ 8,000.00 Block: 202 Lots: 22-35

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

Parcels # 20-25, 28- John Sachar & Greg Whissell 574 New England Ave Cape May NJ 08204

(223-03)(E) 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 # 9 $8,400.00 Block: 832 Lots: 1-10, 12, 14, 18, 19, 21, 23, 25, 27 29, 33 & 35

Parcel # 10 $4,200.00 Block: 813 Lots: 14-20

Parcel # 11 $3,500.00 Block: 814 Lots: 1-4

Parcel # 12 $4,000.00 Block: 816 Lots: 13-16, 7 & 8

Parcel # 13 $9,400.00 Block: 818 Lots: 1-8, 17-19, 21, 23, 27, 35, 37 & 39

Parcel # 14 $6,600.00 Block: 819 Lots: 7, 9, 21, 23-30, 32 & 34

Parcel # 16 $4,000.00 Block: 821 Lots: 21, 23, 25, 27 & 28

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

Parcel # 9 – 14 & 16 Chazray Builders, Inc 314 High St. Hackettstown, NJ 07840

(224-03)(F) 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 # 3 $7,500.00 Block: 894 Lots: 1 - 5

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

Parcels # 3 Siracusa Homes 6206 Black Horse Pike Egg Harbor Twp NJ 08234

9. RESOLUTION NO. 225-03 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF AND COUNTRY CLUB – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Wildwood Golf and Country Club has applied for approval to sell alcoholic beverages at a Golf Tournament to be held at 1170 Golf Club Road, CMCH, on June 4, June 5, June 6, June 7, and June 8, 2003 from 11:00 am to 1:00 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. 226-03 – RELEASE PERFORMANCE BOND – SUN RAY BEACH DEVELOPERS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $2,760.00 is being held as a Performance Guarantee for Sun Ray Beach Developers for site plan improvements at Block 391.01, Lot 2.03, also known as 7^th Street, Del Haven 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 Account No. 713869 with Fleet Bank in the name of Sun Ray Beach Developers be and is hereby released.

11. RESOLUTION NO. 227-03 – RELEASE OF TRUST ACCOUNTS – On motion by Mayor Doughty seconded by Committeemember Leusner 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.

12. RESOLUTION NO. 228-03 – CLOSED SESSION – MATTERS OF LITIGATION – On motion by Committeemember Leusner seconded by Mayor Doughty 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 LITIGATION

2.The general nature of the subject matter to be discussed is as follows: MATTERS OF LITIGATION. It is anticipated at this time the above subject matter will be made public as follows:
WHEN THE MATTER IS RESOLVED

3. This Resolution shall take effect immediately.

13. RESOLUTION NO. 229-03 – ACCEPTING APPLICATION FOR CAMPGROUND EXPANSION LICENSE – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Chapter 104 of the Code of the Township of Middle permits the issuance of a Campground Expansion License under Section 104-18, and

WHEREAS, Acorn Campground, owned by Del-Sea Campground, has sufficient land capacity to extend their campground, permitted in Section 104-18, of the Code of the Township of Middle, and

WHEREAS, the submission of the application prior to June 30, 2003, conforms to the conditions set forth in Chapter 104-18,

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that Del-Sea Campground trading as Acorn Campground be granted a Campground Expansion License,

BE IT FURTHER RESOLVED, that prior to the Del-Sea Campground, trading as Acorn Campground, occupying any sites within the Campground Expansion License area, all conditions set forth in Chapter 104-18, must be met.

14. RESOLUTION NO. 230-03 – APPROVING PAYMENT FOR ALL BILLS – 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 payment for all bills is hereby approved.

15. RESOLUTION NO. 231-03 – APPROVING MINUTES FOR PREVIOUS MEETING – 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 minutes from Township Committee Meeting dated May 5, 2003 are hereby approved.

16. REPORTS – The following offices have submitted the following reports for the following months; Municipal Courts for the month of April, Treasurer’s Office for the months of January (amended), February, and March. These reports are public record and available in the Township Clerk’s Office for inspection.

17. RESOLUTION NO. 232-03 – APPROVE EXTENSION FOR TEMPORARY TRAILER – CARR FAMILY - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, on December 1, 2002 the home of Geoffrey & Catherine Carr, located at 14 Martha Louise Avenue, Kimbles Beach, suffered extensive fire damage, and

WHEREAS, Resolution No. 424-02 authorized the original placement of a temporary trailer at the above referenced location, and

WHEREAS, do to the fact that their repairs will not commence until May, they have requested an extension permitting the trailer to remain for an additional period of six (6) months.

NOW THEREFORE BE IT RESOLVED, that authorization for an extension for the placement of an emergency trailer be and is hereby granted by the Township Committee, the governing body of the Township of Middle.

FURTHER RESOLVED, that approval of said trailer is contingent upon compliance with safety requirements set forth by the Construction Official and compliance with all other regulatory agencies.

18. RESOLUTION NO. 233-03 – ACKNOWLEDGEMENT OF RESIGNATION - On motion by Mayor Doughty seconded by Committeemember Leusner 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

Michael Raines

Public Works

May 13, 2003

19. RESOLUTION NO. 234-03 – RELEASE OF PERFORMANCE BOND – MICHAEL CARUSO D.O. - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $123,089.64 is being held as a performance guarantee for Michael Caruso D.O. for the site plan located at 224 Highland Road, CMCH, and

WHEREAS, the Engineer has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be released.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the New Jersey Subdivision/ Site Plan Bond with Selective Insurance Company of America in the name of Michael J. Caruso be and is hereby released.

20. RESOLUTION NO. 235-03 – RELEASE OF PERFORMANCE BOND – STELIOS AND AUGUSTINA PAPAIOANNOU - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $74,560.00 is being held as a performance guarantee for Stelios and Augustina Papaioannou for the site plan located at Block 220 Lots 26-30 otherwise known as 218 North Main Street, and

WHEREAS, the Engineer has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be released.

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 at Sturdy Savings Bank in the name of Stelios and Augustina Papaioannou be and is hereby released.

21. RESOLUTION NO. 236-03 – AUTHORIZE THE PLACEMENT OF TWO OFF-PREMISE SIGNS FOR THE JERSEY SHORE CLASSIC FISHING TOURNAMENT - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Jersey Shore Classic Chairman has requested permission to place two (2) 4’ X 8’off-premise signs for promotion of the Jersey Shore Classic Fishing Tournament at the locations of Stone Harbor and Avalon Blvd., and

WHEREAS, they have submitted the required applications and supporting information to the Middle Township Zoning Department, and

WHEREAS, if approved the signs will be displayed at indicated locations July 3, 2003 through July 29, 2003.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that placement of two (2) 4’X8’ off premise signs for promotion of the Jersey Shore Classic Fishing Tournament is hereby authorized.

22. RESOLUTION NO. 237-03 – EMERGENCY TEMPORARY BUDGET AMENDMENT - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.