Cape May Court House, NJ

August 2, 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, Committeemember DeLanzo, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, Engineer Orlando, and Deputy Clerk Dawn Stimmel. Clerk/Administrator James Alexis was absent.

ORDINANCE NO. 1166-04 – VACATING A PORTION OF IOWA AVENUE AS SHOWN ON SHEET 33.01 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1162-04 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. Solicitor Pickering stepped down and Attorney George Neideg represented the Township of Middle.

RESOLUTION NO. 438-04 – APPROVING MINUTES FOR THE 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 July 19, 2004 are hereby approved.

RESOLUTION NO. 439-04 – 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.

RESOLUTION NO. 440-04 – LOCAL PUBLIC CONTRACT – LAND SURVEYOR / SURVEY SERVICES – VAN NOTE HARVEY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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

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

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the following person is hereby appointed to the position designated below for the period beginning on June 3, 2002 through completion of the project.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services for the period from June 3, 2002 through completion of the project.

Land Surveyor / Survey Services / Van Note Harvey

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

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

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

RESOLUTION NO. 441-04 – APPROVAL OF TAXICAB LICENSE – 2004 – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the following Company has applied to the Township of Middle for a license to operate a Taxicab within the confines of the Township of Middle under Chapter 226 of the Code of the Township of Middle, and

WHEREAS, after review by the Township Solicitor and other appropriate Township Officials, the following application has been found to be in proper order and the fee paid in connection with the licensing process, and

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be, and are hereby authorized, for the calendar year of 2004:

License#	Vehicle #	Tradename	VIN Number	Taxi Make/ Model	Fee
1	1	Offshore Taxi Company	4M2DV11W8RDJ24237	1994 Mercury Villager	$50.00
1	2	Offshore Taxi Company	2P4GH4539NR592153	1992 Plymouth Voyager	N/A

FURTHER RESOLVED, that any license issued pursuant to the terms in accordance with the Code of the Township of Middle shall expire midnight of the 31^st day of December of the year in which is issued unless sooner surrendered, suspended or revoked.

RESOLUTION NO. 442-04 – APPROVE CHANGE ORDER NO. 1 – POWERTECH – GENERATOR REPLACEMENT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the attached Change Order #1 in the amount of $3750.00 for the Generator Replacement, awarded to PowerTech, be and is hereby approved.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 443-04 – AUTHORIZATION TO APPLY – WHITESBORO SOCIAL SERVICES CENTER GRANT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $400,000.00 to carry out a project to renovate the Whitesboro Social Services Center at the former Whitesboro School.

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 Township of Middle does hereby authorize the application for such a grant, and
Recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such agreement, and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of Middle and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith:

________________________________

F. Nathan Doughty

Mayor of Middle Township

RESOLUTION NO. 444-04 – TABULATION COMMITTEE – 4^TH STREET DRAINAGE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, 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, and Township Engineer Vincent Orlando be and hereby are appointed to tabulate the bids to be taken on September 1, 2004 at 3:00PM, prevailing time, in the Middle Township Municipal Building, 2^nd Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

4^TH STREET DRAINAGE

RESOLUTION NO. 445-04 – RELEASE OF PERFORMANCE BOND – STREET OPENING – TJ REPICI – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, a $5,000.00 bond is being held as a performance guarantee for TJ Repici for the street opening located at 208 Fairmont, CMCH, 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 performance bond in the amount of $5,000.00, be and is hereby released.

RESOLUTION NO. 446-04 – RELEASE OF PERFORMANCE BOND – STREET OPENING - GEORGE GRAY – PARK PROPERTIES – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, a $5,000.00 bond is being held as a performance guarantee for George Gray of Park Properties for the street opening located at 306 Rio Grande Ave, Rio Grande, 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 performance bond in the amount of $5,000.00, be and is hereby released.

RESOLUTION NO. 447-04 – RELEASE OF PERFORMANCE BOND – STREET OPENING – JOSEPH OSBORNE – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, a $5,000.00 bond is being held as a performance guarantee for Joseph Osborne for the street opening located at 23 Rutledge 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 performance bond in the amount of $5,000.00, be and is hereby released.

RESOLUTION NO. 448-04 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – JERRY CONNER – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the request for Family Medical Leave for Jerry Connor from July 19, 2004 through July 30, 2004 is hereby approved following the payment schedule attached.

RESOLUTION NO. 449-04 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, certain monies held in Trust Accounts from time to time may have balances remaining after all fees have been paid, and

WHEREAS, the applicants are entitled to a refund of this money,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that upon request of the Zoning Officer the following balances in the Trust Accounts as listed on the attached sheets shall be released.

RESOLUTION NO. 450-04 – RELEASE OF PERFORMANCE BOND – J.F. BUILDERS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $200,000.00 is being held as a Performance Guarantee for J.F. Builders for site plan improvements at Block 299, Lot 3,4.01, 23, also known as Rte 9 South, 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 of Sea Isle City in the name of J.F. Builders be and is hereby released.

CORRESPONDENCE RECEIVED – U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE – Public Law 95-469 makes revenue sharing applicable t all lands administered solely or primarily by the US Fish & Wildlife Service. The law provides for payments for any governmental purposes to any county or other unit of local government that collects and distributes real property taxes in areas where fee and/or reserve areas are located. On behalf of the Cape May National Refuge, US Fish & Wildlife, payment in the amount of $54,050.00 was forwarded to the Township of Middle. These funds are to be distributed to other joint taxing authorities as may be appropriate, including but not limited to, fire districts, school districts, or counties.

RESOLUTION NO. 451-04 – 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 2004 final 2005 preliminary tax bills will be mailed on or about

August 2, 2004.

BE IT HEREBY RESOLVED by The Township Committee of the Township of Middle, the grace period for paying the third (3^rd) quarter of 2004 taxes, without interest penalty, be extended to September 10, 2004.

RESOLUTION NO. 452-04 – AUTHORIZATION TO HOLD TENT/SIDEWALK SALE-

HARBOR FURNITURE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Harbor Furniture has requested permission to hold a tent/ sidewalk sale in their front parking lot on the dates indicated below:

Saturday, August 14, 2004

Sunday, August 15, 2004

Monday, August 16, 2004

RAINDATES

Saturday, August 28, 2004

Sunday, August 29, 2004

Monday, August 30, 2004

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that Harbor Furniture 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, Fire Chief of appropriate Fire District, and Chief of Police for their records.

RESOLUTION NO. 453-04 – AUTHORIZING APPLICATION FOR MUNICIPAL LICENSED EMERGENCY MEDICAL SERVICES AMBULANCE SERVICES – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, New Jersey Statutes Annotated 26:2H-1 et seq. and 30:40D-6.4 and 6.6 authorize the operation of services providing basic life support care; and New Jersey Statutes Annotated 26:2K-39 through 47, and 54 through 62, provide for emergency medical technicians basic training and certification; and

WHEREAS, New Jersey Administrative Code Title 8, Chapter 40 and New Jersey Administrative Code Title 8, Chapter 40A, are the rules and regulations pertaining to the adoption of providing such services, and for the requirements of emergency medical technicians basic training and certification; and

WHEREAS, the Township of Middle must implement a Township wide municipal Licensed Emergency Medical Services Ambulance Service per the referenced New Jersey Statutes Annotated and New Jersey Administrative Code;

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that the application for a municipal license for Emergency Medical Services Ambulance Service be hereby submitted to the New Jersey Department of Health and Senior Services, Office of Emergency Medical Services. Said application should be submitted to the Department of Health and Senior Services immediately after adoption of this resolution.

RESOLUTION NO. 454-04 – AMENDING RESOLUTION #374-04-AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION’S MUNICIPAL STORMWATER REGULATION PROGRAM – GRANT NO. WQ04-181 – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, an application was made to the State of New Jersey Department of Environmental Protection for the Municipal Stormwater Regulation Program, and

WHEREAS, said application had been approved for funding in the amount of $9,022.00;

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 amended funding amount for the application made to the State of New Jersey Department of Environmental Protection for the Municipal Stormwater Regulation Program is $12,029.00.

20. RESOLUTION NO. 455-04 – 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.: 227-04 Adopted: April 5, 2004 Sale Date: April 29, 2004

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 # 30 $44,000.00 Block: 1083 Lots: 9,10,11,12,13,14

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

Parcel # 30 8 Kentucky Avenue LLC, 21 Laurel Avenue, Rio Grande, NJ 08242

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.

21. RESOLUTION NO. 456-04 – APPROVE CHANGE ORDER NO. 1 – SABRE COMMUNICATIONS CORPORATION - 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 #1 in the amount of ($8,100.00) for Bid No. 1, Monopole & Foundation awarded to Sabre Communications, be and is hereby approved, bringing the total of the Contract from $96,574.00 to $88,474.00. (This Change Order is a Contract reduction)

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

22. REPORTS – The following offices have submitted their monthly reports for the months indicated: Zoning Official for the month of July, Construction Official for the month of July, Tax Collector’s report for the month of July, Township Clerk’s report for the month of July.

PUBLIC COMMENT:

Committeemember Leusner announced the presence of the A.C.C.C. Western World II Class.

Committeemember DeLanzo commented on the success of the first week of the MLK Center Arts Camp. National Night Out is slated for August 3, 2004 at the Goshen Complex.

Mayor Doughty conversed with Committeemember Leusner regarding the absence of the American Legion Baseball game at the Goshen Complex.

Committeemember Leusner stated that he was unaware of what caused the absence.

Committeemember Leusner informed the public of his attendance at the 40^th Anniversary of the Atlantic City Expressway.

Committeemember DeLanzo asked Committeemember Leusner to enlighten everyone of the upcoming events at the PAC.

Committeemember Leusner commented on the Summer at the PAC series in connection with Sturdy Saving Bank and the Middle Township Board of Education.

Dawn Pitt – 20 Chestnut Ave, Burleigh, asked committee if the Township could look into the cutting back of trees along her road. Her husband is a trucker and is unable to pull the vehicle down the road with the hanging of branches.

Peggy Mathis asked committee the status of the bike path extension.

Vince Orlando stated that the Township did not receive funding for the extension but will reapply.

P. Mathis requested committee’s support in connection with the Tabernacle Grace Therapy Program. This program works with Handicap children in the area, a large group from Middle Township. She requested Len Pantaleo of the Grants Department to seek further information for our area.

Donna Lazarow – asked committee if the new college in Middle Township will have a nursing lab?

Committeemember Leusner stated that the Township will get in contact with Mr. Marrow at ACCC for more information.

D. Lazarow asked committee if Middle Township will have a Wal-Mart?

Vince Orlando – Wal-Mart received a preliminary approval pending parking approval.

Vilma Polmbo – asked the status of the $50,000.00 grant and the State Planning Steps?

Vince Orlando - stated that there will be a kick of meeting on August 24, 2004.

There being no further business, the meeting was adjourned at 7:05pm

_______________________________

Kimberly Tomkinson , Deputy Clerk

4TH STREET DRAINAGE

4^TH STREET DRAINAGE