Cape May Court House, NJ

April 5, 2004 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, Solicitor Pickering, Engineer Orlando, & Deputy Clerk Kimberly Tomkinson.

1. ORDINANCE NO. 1148-04 – TO ESTABLISH EMERGENCY MEDICAL TRANSPORT SERVICES FOR SERVICES RENDERED WITHIN THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY – Following second reading, hearing, and consideration for adoption, Ordinance 1148-04 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

2. ORDINANCE NO. 1155-04 – VACATING A PORTION OF WHITING LANE AS SHOWN ON SHEET NUMBER 14 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1155-04 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.

3. ORDINANCE NO. 1156-04 – BOND ORDINANCE PROVIDING FOR WHITESBORO / EDGEWOOD PHASE II SANITARY SEWER PROJECT IN AND BY THE TOWNSHIP OF MIDDLE, IN THE COUNTY OF CAPE MAY, NEW JERSEY, APPROPRIATING $2,650,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $1,150,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF – Following second reading, hearing, and consideration for adoption, Ordinance 1156-04 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.

4. ORDINANCE NO. 1157-04 – CREATING A HOTEL-MOTEL OCCUPANCY TAX IN THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1157-04 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.

5. ORDINANCE NO. 1159-04 - AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP, JURISDICTION AND MAINTENANCE OF MAGNOLIA DRIVE AND A PORTION OF READING AVENUE, AND A PORTION OF SHELLBAY AVENUE FROM THE TOWNSHIP OF MIDDLE TO THE COUNTY OF CAPE MAY AND FURTHER AUTHORIZING ACCEPTANCE OF OWNERSHIP, JURISDICTION AND MAINTENANCE OF A PORTION OF COUNTY ROAD WILLIAM STREET AND A PORTION OF HAND AVENUE FROM THE COUNTY OF CAPE MAY TO THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1159-04 was adopted on motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

6. RESOLUTION NO. 195-04 – APPROVE CHANGE ORDER NO. 4- FABBRI BUILDERS, INC. – DR. MARTIN LUTHER KING RECREATION CENTER – 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, County of Cape May, State of New Jersey, that the attached Change Order #4 for the Dr. Martin Luther King Recreation Center awarded to Fabbri Builders, be and is hereby approved.

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

7. RESOLUTION NO. 196-04 – APPROVE CHANGE ORDER NO. 5- FABBRI BUILDERS, INC. – DR. MARTIN LUTHER KING RECREATION CENTER – 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, County of Cape May, State of New Jersey, that the attached Change Order #5 for the Dr. Martin Luther King Recreation Center awarded to Fabbri Builders, be and is hereby approved.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

8. RESOLUTION NO. 197-04 – AUTHORIZING THE EXECUTION OF OFFICE OF SMART GROWTH GRANT APPLICATIONS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the State of New Jersey has undertaken a land use planning policy commonly known as Smart Growth which attempts to target the State’s resources and funding in ways which seek to enhance the quality of life for residents by supporting livable neighborhoods with a variety of housing types, price ranges and multi-modal forms of transportation, and

WHEREAS, Smart Growth intends to support development and redevelopment and recognize Centers (compact forms of development) as outlined in the New Jersey State Development and Redevelopment Plan, and

WHEREAS, the State of New Jersey, in connection with Smart Growth, is accepting grant applications to assist municipalities in furthering Smart Growth principles, and

WHEREAS, the Township Committee of the Township of Middle has determined that it is appropriate for the Township to apply for a Smart Growth Grant to be utilized to develop a regional plan with Upper Township and Dennis Township, and

WHEREAS, the Township Committee of the Township of Middle has determined that a grant application should be submitted under the Smart Growth Program requesting $50,000.00 in grant funding for each of the three aforesaid municipalities.

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

The allegations of the preamble are incorporated herein by this reference.
The Township shall apply for Smart Growth grants to develop a regional plan with Upper Township and Dennis Township that will analyze regional issues while focusing on local community needs within the Township Centers and other Township areas.
The Township Engineer is hereby directed to take such action as may be necessary to complete any and all grant application packages for Smart Growth program.
All Township officials are hereby authorized and directed to execute, on behalf of the Township of Middle, any and all such documents or applications and take any such further action as may be necessary in order to further the purposes of this Resolution.

9. RESOLUTION NO. 198-04 – RECOGNIZING APRIL 11 – 17 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services, and

WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and

WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Middle Township Police Department, and

WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services, and

WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety, and

WHEREAS, Public Safety Dispatchers of the Middle Township Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, and

WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, and State of New Jersey, declares the week of April 11th through 17th, 2004 to be National Public Safety Telecommunications Week in the Township of Middle, in honor of the men and women whose diligence and professionalism keep our city and citizens safe.

10. RESOLUTION NO. 199-04 – ADOPTION OF EMERGENCY FIRE ALARM PROCEDURES – MUNICIPAL HALL, POLICE DEPARTMENT, PUBLIC WORKS FACILITY, SENIOR CITIZEN CENTER, MIDDLE TWP. RECREATION (BAKER COMMUNITY CENTER) – On motion by Mayor Doughty 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

Continued …

Township of Middle, the governing body thereof, that Emergency Fire Alarm Procedures, attached hereunto and made part of this resolution, for the following Municipal Complexes is hereby adopted:

1. Middle Township Municipal Hall

2. Middle Township Police Department

3. Middle Township Public Works Facility, including:

A. Mechanics Building

B. Grounds Equipment Building

C. Carpenter’s Workshop

D. Office Building with attached garage within the confines of 400 Mechanic Street

4. Middle Township Senior Citizens Center

5. Middle Township Recreation (Baker Community Center)

FURTHER RESOLVED, said procedures shall become effective immediately upon approval of this resolution.

11. RESOLUTION NO. 200-04– ESTABLISHING EMERGENCY MEDICAL TRANSPORT SERVICES BILLING AND COLLECTION REGULATIONS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Ordinance #1148-04 entitled “To Establish Emergency Medical Transport Services for Services Rendered within the Township of Middle, County of Cape May, State of New Jersey” was introduced by the Township Committee of the Township of Middle, on March 1, 2004; and

WHEREAS, said Ordinance provides for the adoption by the Township Committee of rules and regulations governing the administration of Emergency Medical Services billing and collection procedures; and

WHEREAS, it is the desire of the Township Committee to establish rules and regulations governing the administration of Emergency Medical Services billing and collection procedures;

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 Medical Services Billing and Collection Regulations” attached hereto as Schedule A, and made a pat hereof, as if fully set forth is herby adopted in its entirety as the rules and regulations governing the administration of Emergency Medical Services billing and collection procedures.

12. RESOLUTION NO. 201-04 – 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 the Township Committee meeting held March 15, 2004 are hereby approved.

13. RESOLUTION NO. 202-04 – 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. 203-04 – RELEASE PERFORMANCE BOND – BURDETTE TOMLIN HEALTH ENTERPRISES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $118,416.00 is being held as a Performance Guarantee for Burdette Tomlin Health Enterprises for site plan improvements at Block 99.02, Lot 54.11, 54.12, also known as 13 Village Drive, CMCH 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 with Fleet Bank in the name of Burdette Tomlin Health Enterprises be and is hereby released.

15. RESOLUTION NO. 204-04 – AUTHORIZATION TO HOLD TENT/SIDEWALK SALE – REYNOLDS DEPARTMENT STORE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Reynolds/ Rafters Department Store has requested permission to hold a tent/ sidewalk sale in their front parking lot on the dates indicated below:

Wednesday, May 19, 2004 through Monday, May 24, 2004

Wednesday, June 30, 2004 through Monday, July 5, 2004

Wednesday, July 7, 2004 through Monday July 12, 2004

Wednesday, September 1, 2004 through Tuesday September 7, 2004

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that Reynolds/Rafters Department Store is hereby authorized to hold a tent/sidewalk sale on the dates indicated above.

FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to the Construction Official, Zoning Official, and Chief of Police for their records.

16. RESOLUTION NO. 205-04 – APPROVAL FOR PAYMENT TERMINAL LEAVE – RAYMOND BROWN – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Raymond Brown has submitted his retirement forms with an effective date of April 1^st, 2004, and

WHEREAS, it is the policy of Middle Township to compensate retiring employees for accumulated sick, vacation, and personal time, and

WHEREAS, final payment is requested to be made during the month of April 2004, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time,

NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that payment be issued to the employee in the amount referenced below

Raymond Brown

Sick Days 48.5 8,546.19

Vacation Days 3 528.63

Personal Days 0 0.00

Easter Holiday 0 0.00

Balance Due $ 9,074.82

I certify that the above figures are a true accounting of this time based solely on the documentation provided by the personnel department and that sufficient backup documentation is available for inspection.

________________________________ April 1^st, 2004

Tracey DeVico Taverner, CFO

17. RESOLUTION NO. 206-04 – AUTHORIZING MAYOR TO SIGN TREATMENT WORKS APPLICATION FOR CAPE SELF STORAGE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Statements of Consent by Governing Body and Certification by Wastewater Conveyance System Owner are a portion of the documents that this resolution authorizes the mayor to sign on behalf of the governing body of the Township of Middle.

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 treatment works application for Cape Self Storage.

18. RESOLUTION NO. 207-04 – TABULATION COMMITTEE – GREEN CREEK SANITARY SEWER PROJECT – 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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey DeVico, Sewer/Water Director Kathy Meers, and Peter Kocsik be and hereby are appointed to tabulate the bids to be taken on April 27, 2004 at 10:00AM, prevailing time, in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

GREEN CREEK SANITARY SEWER PROJECT

19. REPORTS: The following offices have submitted their reports for the months indicated; Police Department for the month of February; Treasure’s Department for the month of February; Municipal Clerk’s Office for the month of March; Zoning Official’s Office for the month of March; Construction Official’s Office for the month of March; Tax Collector’s Office for the month of March

20. RESOLUTION NO. 208-04 – APPROVE APPLICATION FOR RAFFLE LICENSE – MARINE MAMMAL STRANDING CENTER – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Marine Mammal Stranding Center has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location, 1510 Rte 9 North, Cape May Court House, NJ 08210, otherwise known as Avalon Golf Club, has been approved by the Middle Township Committee as an Amusement Game Zone, 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 10, 2003 at the location of 1510 Rte 9 North, Cape May Court House, (otherwise know as Avalon Golf Club) at 7:00pm, is hereby approved.

21. RESOLUTION NO. 209-04 – TABULATION COMMITTEE – RESURFACING OF CLARENCE DAVIES RECREATION COMPLEX – ENTRANCEWAY AND MAIN PARKING – 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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey DeVico, Township Engineer Vincent Orlando, Director of Recreation Greg Arnold be and hereby are appointed to tabulate the bids to be taken on April 27, 2004 at 3:00 PM, prevailing time, in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

RESURFACING OF CLARENCE DAVIES RECREATION COMPLEX

ENTRANCEWAY AND MAIN PARKING

22. RESOLUTION NO. 210-04 – APPROVE ADOPT A SPOT GRANT – 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 of the Township of Middle, the governing body thereof, that a Mini Grant for the “Adopt a Spot Projects”, be and are hereby awarded to the following:

Pioneer Club / First Baptist Church

Buck Avenue – April 7, 2004

(Rain Date: April 21, 2004)

23. RESOLUTION NO. 211-04 – ALLOCATION OF JURISDICTION FOR HIGHWAY MAINTENANCE AND CONTROL BETWEEN THE TOWNSHIP OF MIDDLE AND THE STATE OF NEW JERSEY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the State of New Jersey Department of Transportation has requested that an agreement be entered into between the Township of Middle and the State of New Jersey, which would allocate the Jurisdictional responsibilities for highway maintenance and control between the Township of Middle and the State of New Jersey with reference to certain intersections of Route 9 and Fox Run Road and streets within the Township of Middle, and

WHEREAS, maps outlining the jurisdictional limits of each have been reviewed and approved by the Township.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey, that Mayor F. Nathan Doughty and Clerk / Business Administrator James Alexis are hereby authorized to execute the Agreement between the Township of Middle and the State of New Jersey.

24. RESOLUTION NO. 212-04 – RELEASE OF PERFORMANCE BOND – STREET OPENING – TOMPKINS BUILDERS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, a $5,000.00 Certificate of Liability Insurance is being held as a performance guarantee for Tompkins Builders for the street opening located at 21 Eldredge Ave., Del Haven, and

WHEREAS, the Administrative Director of Public Works has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, it has been 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 Certificate of Liability Insurance, be and is hereby released.

25. RESOLUTION NO. 213-04 – ESTABLISH DEDICATION BY RIDER FOR COAH FEES PURSUANT TO AFFORDABLE HOUSING TRUST PL 1985 CHAPTER 222 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, Public Laws 1985 Chapter 222 allows municipalities to receive amounts incurred for affordable housing, and

WHEREAS, NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,

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

1. Township Committee hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for affordable housing as per NJSA 40A:4-39.

2. The municipal clerk of the Township of Middle is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

26. RESOLUTION NO. 214-04 – AWARD OF BID – TAX REVALUATION UTILIZING THE MIDDLE TOWNSHIP COOPERATIVE PRICING SYSTEM– CLT – On motion by Committeemember Leusner 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 a Property Tax Revaluation utilizing the Middle Township Cooperative Pricing System, and

WHEREAS, bids were received on February 10, 2004 at 10:00 a.m., and

WHEREAS, it appears that CLT has submitted the lowest most responsible bid.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Contract for a Property Tax Revaluation utilizing the Middle Township Cooperative Pricing System in the Township of Middle, shall be awarded to the following for the total bid price listed below:

CLT – $584,250.00

{AWARD AMOUNT NOT TO EXCEED}

{TOTAL EXPENDITURE OF $750,000.00}

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

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

27. RESOLUTION NO. 215-04 THROUGH 216-04 – 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)(215-04)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.: 510-03 Adopted: November 18, 2003 Sale Date: December 16, 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 #11 $6,100.00 Block: 928 Lots: 26,28,30,32,34,36

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

Parcel # 11 Daniel M & Bethina A Farrow, 514 W Wiley Street, Whitesboro, NJ 08252

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)(216-04) 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.: 510-03 Adopted: November 18, 2003 Sale Date: December 16, 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 $14,500.00 Block: 1083 Lots: 15,16,25-28

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

Parcel # 27 Louis Altobelli, 2702 Route 9 South, Rio Grande, NJ 08242

28. RESOLUTION NO. 217-04 – ENDORSING MOTOR VEHICLE SERVICES BUSINESS LICENSE COMPLIANCE APPLICATION – PIER 47 INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Pier 47 Inc. Marina has submitted an application for endorsement to operate a Full Service Marina at 3001 Wildwood Blvd., Middle Township, New Jersey, and

WHEREAS, this application is in connection with their Business License through Motor Vehicle Services, 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 municipal clerk is hereby authorized to sign said application at the request of Pier 47 Inc. Marina.

29. RESOLUTION NO. 218-04 – APPROVE TONNAGE GRANT – 2003- On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Mandatory Source separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs, and

WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs, and

WHEREAS, the New Jersey Department of Environmental Protection and Energy is promulgating recycling regulations to implement the Mandatory source Separation and Recycling Act, and

WHEREAS, the recycling regulations impose an municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality, and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and indicate the assent of the Middle Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations, and

WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Township committee of the Township of middle that the Township of Middle does hereby endorse the submission of a Municipal Recycling Tonnage Grant Application to the New Jersey Department of Environmental Protection and Energy, office of Recycling and designates James Alexis, Municipal Recycling coordinator to ensure that the said Application is properly filed; and

FURTHER RESOLVED, that the moneys received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

30. RESOLUTION NO. 219-04 – AUTHORIZING EXCHANGE OF LAND BETWEEN THE TOWNSHIP OF MIDDLE AND FREDERICK LANGFORD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle along with Frederick Langford wish to exchange various parcels and/or portions of parcels of land within the confines of the Township of Middle, and

WHEREAS, Frederick Langford agrees to convey to the Township of Middle a portion of Block 335.01 Lot 3 as indicated on the tax maps of the Township of Middle, and

WHEREAS, in exchange, the Township of Middle in consideration of the afore described conveyance, agrees to convey unto Frederick Langford the premises known as Block 335.01 Lot 2 as indicated on the tax maps of the Township of Middle, and

WHEREAS, this Agreement is expressly conditioned upon the successful subdivision of Block 335.01 Lot 3 as depicted on the plans of Steven Martinelli, dated August 13, 2003.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, and State of New Jersey, that the exchange of land as indicated in this resolution between the Township of Middle and Frederick Langford is hereby authorized.

FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to sign any and all Agreement of Sales and corresponding information pertaining to said exchange.

31. RESOLUTION NO. 220-04 – APPROVE REQUEST FOR LEAVE WITHOUT PAY – SUSAN RENNIE – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, on November 4, 2002 Susan Rennie was granted a leave of absence without pay from November 12-22, 2002 and December 9-19, 2002, and

WHEREAS, on December 15, 2003 she was granted a request of leave under the Family Medical Leave Act effective January 1, 2004 through March 18, 2004, but used accumulated time for the first week, lengthening her leave until March 28, 2004, and

WHEREAS, Susan Rennie is requesting to continue her leave of absence, not under the Family Medical Leave Act, from April 5, 2004 until May 17, 2004.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that the unpaid leave of absence for Susan Rennie is hereby extended until May 17, 2004.

32. RESOLUTION NO. 221-04 – APPOINTMENTS – NEW HIRES – SEWER DEPARTMENT – SEWER LABORER – On motion by Mayor Doughty 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, 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
Ryan Hulme / Sewer Dept.	Sewer Laborer	$18,720.00	04/05/2004
Michael Neville / Sewer Dept.	Sewer Laborer	$18, 720.00	04/05/2004

33. RESOLUTION NO. 222-04 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF CLUB, INC. – GOLF TOURNAMENT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wildwood Golf & Country Club has applied for approval to sell alcoholic beverages at a Golf Tournament to be held at 1170 Golf Club Road, Cape May Court House, on June 2,3,4,5,6 from 11:00am to 1:00 am daily, 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.

34. RESOLUTION – AUTHORIZE APPLICATION TO IRS FOR 501C(3) STATUS FOR THE CREATION OF A BOARD OF TRUSTEES TO IMPLEMENT AND ADMINISTER THE REVOLVING LOAN PROGRAM ON BEHALF OF THE TOWNSHIP OF MIDDLE AND AUTHORIZE APPLICATION TO VARIOUS GRANT PROGRAMS IN CONNECTION WITH THE REVOLVING LOAN PROGRAM – On motion by seconded by and passed on roll call, the following resolution was adopted. - TABLED

35. RESOLUTION NO. 223-04- AUTHORIZING CREATING A LIEN ON PROPERTY - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40:48-2.13 authorizes the governing body of every municipality the power to make, enforce, amend and repeal ordinances requiring the owner or tenant of a dwelling or of lands lying within the municipality to provide for the removal or destruction of brush, weeds, debris, etc. constituting fire hazard or injurious to public health or safety and to provide for the imposition of penalties for the violation of any such ordinance, and

WHEREAS, N.J.S.A.40:48-2.14 authorizes the municipality the right to place a lien against such dwelling or lands to provide for the cost of removing brush, weeds debris, etc., and

WHEREAS, the Township of Middle has adopted Ordinance No. 316-76 known as Article I of Chapter 193 of the Code of the Township of Middle “Property Maintenance”, and

WHEREAS, the Township of Middle has noticed Leon Hewitt, the owners of property located at Block 1434, Lot 26 also known as 1106 Route 47 South, and

WHEREAS, as of these violations had not been remedied, by the owners of above stated property, and

WHEREAS, in absence of compliance by Leon Hewitt, the Township of Middle commenced and completed abatement of these violations, and

WHEREAS, the Business Administrator of the Township of Middle has certified the cost of cleanup at 1106 Route 47 South, Block 1434, Lot 26 to be in the amount of $14,915.63.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that it hereby imposes a lien in the amount of $14,915.63 upon Block 1434, Lot 26.

FURTHER RESOLVED, that a copy of this lien shall be filed in the Office of the Tax Collector of the Township of Middle.

36. RESOLUTION NO. 224-04 – REDUCTION OF PERFORMANCE BOND – K HOVANIAN – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $2,096,551.50 is being held as a performance guarantee for K. Hovanian for site improvements at Block 114, Lot 6.02, 7-9, 10.01-10.04, 11.01, 12, 13, also known as Avalon Golf Course, Rte 9 North, Swainton and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $1,657,329.04 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $439,222.46.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Surety Bond with the Continental Insurance Company be and is hereby reduced to $439,222.46.

37. RESOLUTION NO. 225-04 – AUTHORIZATION TO APPLY FOR A SMART FUTURE PLANNING GRANT – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Middle Township desires to submit a proposal for the Smart Future Planning Grant from the New Jersey Department of Community Affairs to design and build livable communities in ways that make more efficient use of land and infrastructure improvements, and in ways that protect our environment’s valuable natural resources, and

THEREFORE BE IT RESOLVED, that the Township of Middle authorizes the appropriate official to sign and submit to the Department of Community Affairs the Smart Future Planning Grant Request on behalf of the Township of Middle.

38. RESOLUTION NO. 226-04 – CANCELING OUTSTANDING CHECKS – RECREATIONAL TRUST ACCOUNT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, there are certain checks that have been outstanding in the Middle Township Recreational Trust Account for a period of more than six months, and

WHEREAS, it is the desire of the Township Treasurer to return these funds to the Middle Township Recreational Trust Account.

Continued …

NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that the following checks be and hereby are canceled and will be returned to the Recreational Trust Account of the Township of Middle.

Recreational Trust Account

3/3/03 5767 George Munn 30.00

8/28/03 5988 Staples Business Advantage 314.60

39. RESOLUTION NO. 227-04 – PUBLIC SALE OF LAND – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the local Lands and Buildings Law (N.J.S. 40A-12-1 et seq) authorizes the sale of any real property, capital improvements or interest herein, not needed for public use, and

WHEREAS, it appears to be in the best interest of the Township of Middle to dispose of certain real property which is not needed for public use, which property is more fully described as in Schedule "A" annexed hereto.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, as follows: 1. It is hereby determined that the parcels of real property set forth in Schedule "A" annexed hereto are not needed for public use. 2. Said parcels of real property shall be sold at a public auction sale to be conducted by Tracey L DeVico Taverner, Chief Financial Officer, at the Middle Township Hall, Meeting Room, 33 Mechanic Street, Cape May Court House, New Jersey on Thursday, April 29, 2004 at 9:00 A.M. A notice of said sale, which notice shall include the entire contents of the Resolution shall be published in the Herald Times in its issues of April 14, 2004 and April 21, 2004. The general terms and conditions of the sale shall be as follows:

A. The sale of the parcels shall be by public auction highest bidder. The minimum bid for the parcel shall be as specified in Schedule "A" annexed hereto; provided, however, that the right is reserved to reject all bids for said parcels.

B. The sale of said parcel shall be subject to confirmation by the Township Committee of the Township of Middle.

C. In the case said parcel to be sold is less than the minimum size required for development under the Middle Township Zoning Ordinance, and which is without any capital improvements thereon, the sale shall not be confirmed until the owners of each contiguous parcel of land has been given the right to purchase the parcel to be sold, upon the same terms and the same price offered by the highest bidder.

D. All payments required to be made hereunder may be made by personal check, cash, or certified check, or any combinations of the foregoing.

E. A sum equal to 10% of the highest bid for said parcel shall be paid to the Township of Middle by the highest bidder at the time of sale.

F. In addition to said 10% payment, at the time of the sale the highest bidder shall pay the sum of $124.00 for preparing and recording the Deed. At time of settlement, the highest bidder shall produce a title insurance policy warranting that the Township is conveying clear title. The highest bidder may, at the time of sale, request that the Township acquire such title policy for him. In such event he shall deposit the sum of $290.00 for the preparation charge and $5.25 for each $1,000.00 in excess of $31,000.00, or portion thereof, of the sale price. All checks shall be made payable to the Township of Middle.

G. The remaining balance of 90% of the highest bid for said parcel shall be paid to the Township of Middle, and must be received by Tracey L. DeVico Taverner, Chief Financial Officer, not later than seventy (70) days after the date of the sale.

H. The deed shall be a Bargain and Sale Deed, and the title to be delivered shall be free and clear of all taxes and other municipal levies up to and including the calendar quarter in which the sale takes place.

I. The title to be delivered shall be under the subject to all easements and right-of-way, recorded and unrecorded, whether for utilities or for others.

J. Unless otherwise specified herein, the purchaser shall be liable for payment of all assessments of any nature against said land.

K. If the title report discloses an unmarketable condition of title, except as specified herein, the remedy of the bidder shall be limited to the return of payments made to the Township of Middle.

L. The Township of Middle will not construct or maintain access roads to any portion of the described property. The property may not qualify for a building permit, due to lack of water supply, lack of sewer service, lack of access, inadequate lot size, or other reason. The purchaser must comply with all applicable zoning, building and health ordinances and regulations, and Wetlands Laws.

M. All references to lots and blocks contained in the attached Schedule are to the lots and blocks as shown on the present Official Tax Map of the Township of Middle

N. RESERVED.

SCHEDULE A

Parcel #1 Parcel #2

BLOCK: