June 7, 2004

Cape May Court House, NJ

June 7, 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, Attorney Pickering, Engineer Orlando, Deputy Clerk Kimberly Tomkinson.

NO. 312-04 - RESOLUTION OF RECOGNITION – SCOTT ABENDSCHEIN – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, congratulations are in order for Scott Abendschein for the act of life saving heroism performed on behalf of Laura Morse on May 16, 2004; and

WHEREAS, a catastrophe was avoided because of the skilled and rapid response of Scott Abendschein; and

WHEREAS, this courageous action in averting what could have been a tragic loss to family, friends and community was an act of heroism, which deserves special recognition by the governing body of the Township of Middle.

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the act of heroism performed by Scott Abendschein is being recognized by the Township of Middle and we extend our thanks and gratitude to Scott for a job well done for his heroic performance in the saving of Laura Morse’s life.

RESOLUTION NO. 313-04 – AUTHORIZING RETURN FROM MILITARY LEAVE – JAY GASKILL – 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 that Jay Gaskill is hereby authorized to return to work in the Department of public works from Military Leave effective June 21, 2004.

ORDINANCE NO. 1158-04 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO AMEND CHAPTER 121 OF THE TOWNSHIP CODE REGARDING DOGS – Following second reading, hearing, and consideration for adoption, Ordinance 1158-04 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.

This ordinance was amended removing the word “Guardian” and in section 121-24 added a phrase regarding veterinarian care. Also, amended section regarding a citizen of a motor vehicle to report any case of accident involving animals.

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 – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1166-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 07/19/2004 at 6:00 p.m.

ORDINANCE NO. 1167-04 – VACATING A PORTION OF POPLAR AVENUE AS SHOWN ON SHEET NO. 29.15 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1167-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 07/19/2004 at 6:00 p.m.

RESOLUTION NO. 314-04 – 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 May 17, 2004 are hereby approved.

RESOLUTION NO. 315-04 – 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.

REPORTS – The following departments have submitted their monthly reports for the month indicated; Treasure’s Department for the month of April; Police Department for the month of April; Construction Official’s report for the month of May; Township Clerk’s report for the month of May; Zoning Official’s report for the month of May; Tax Collector’s report for the month of May;

RESOLUTION NO. 316-04 – ENDORSING MOTOR VEHICLE SERVICES APPLICATION FOR PRIVATE INSPECTION FACILITY – VESPIA TIRE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Vespia Tire has submitted an application for endorsement to operate a Private Inspection Facility at 1086 Route 47 South, Middle Township, New Jersey, and

WHEREAS, this application is in connection with their already existing business located at the same address, 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 Vespia Tire.

RESOLUTION NO. 317-04 – SOCIAL AFFAIRS PERMIT – CAPE MAY COUNTY DISABLED AMERICAN VETERANS CHAPTER 44 – 20^TH ANNUAL PICNIC – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The CMC Disable American Veterans Chapter 44 has applied for approval to sell alcoholic beverages at their 20^th Annual Picnic to be held at CMC Disabled American Veterans Chapter 44 rear parking lot, 1010 Bayshore Road, Del Haven, on August 14, 2004 (rain date August 15, 2004) from 1:00 pm to 6:00 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.

RESOLUTION NO. NO. 318-04 – APPROVE APPLICATION FOR RAFFLE LICENSE - 50/50 – OUR LADY OF ANGELS CHURCH – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Our Lady of Angels Church has applied to Legalized Games of Chance Control Commission for a Raffle License to conduct a “50 / 50”, and

WHEREAS, the location will be at, Rte 9 & Crest Haven Road, Cape May Court House, NJ 08210, otherwise known as The Cape May County Park & Zoo, 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 aka “50 / 50” September 12, 2004 at the location of Rte 9 & Crest Haven Road, Cape May Court House, NJ 08210, (otherwise know as The Cape May County Park & Zoo) is hereby approved.

RESOLUTION NO. 319-04 – AUTHORIZING MAYOR TO SIGN AMENDED TREATMENT WORKS APPLICATION – BAYBERRY DRIVE NORTH MAJOR SUBDIVISION – 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 in connection to the Bayberry Drive North Major Subdivision.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the mayor is hereby authorized to sign the amended treatment works application for the Bayberry Drive North Major Subdivision.

RESOLUTION NO. 320-04 – APPROVE APPLICATION FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE (ON-PREMISE MERCHANDISE RAFFLE) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 19, 2004 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 4:00pm is hereby approved.

RESOLUTION NO. 321-04 – APPROVE APPLICATION FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE (ON-PREMISE MERCHANDISE RAFFLE) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 December 10, 2004 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 8:30pm is hereby approved.

RESOLUTION NO. 322-04 – APPROVE APPLICATION FOR RAFFLE LICENSE – THE WETLANDS INSTITUTE (50/50 RAFFLE) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, 1075 Stone Harbor Blvd, Stone Harbor, NJ 08210 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 7, 2004 at the location of 1075 Stone Harbor Blvd., Stone Harbor, NJ 08210 to be held at 1:00pm is hereby approved.

RESOLUTION NO. 323-04 – AUTHORIZING RIO GRANDE FIRE COMPANY TO SOLICIT FUNDS IN THE ROADWAYS OF THE TOWNSHIP OF MIDDLE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Ordinance 1009-98 permits application made to the Township of Middle by charitable organizations to solicit funds in the roadway of the Township of Middle, and

WHEREAS, Rio Grande Fire Company has submitted an application to the Municipal Clerk Office, and

WHEREAS, the dates and times of the charitable solicitation are listed within the written application submitted by the Rio Grande Fire Company and attached to this Resolution, and

WHEREAS, the Chief of Police of the Township of Middle has reviewed the application of the Rio Grande Fire Company and has determined that there is no public safety reason for the Township of Middle to deny this application,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, hereby grants permission for the Rio Grande Fire Company to solicit funds on the roadways of Middle Township.

RESOLUTION NO. 324-04 – AUTHORIZE EXECUTION OF GRANT AGREEMENT FOR NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION’S FY 2004 STATEWIDE LIVABLE COMMUNITIES GRANT – MARTIN LUTHER KING RECREATION CENTER – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 FY 2004 Statewide Livable Communities Grant in connection with the Martin Luther King Recreation Center, and

WHEREAS, said application was approved for funding in the amount of $80,000.00 towards the purchase of amenities for the newly reconstructed building such as an electric roll up divider to separate spaces for individual activities, retractable basketball standards, volleyball standards with recessed floor units, bleachers and an electronic scoreboard, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Mayor and/or Township Administrator is hereby authorized to sign the grant agreement and therefore authorizing the Chief Financial Officer to endorse corresponding payment voucher in connection with said grant.

CORRESPONDENCE RECEIVED – CITY OF WILDWOOD, WATER RATE INCREASE

RESOLUTION NO. 325-04 – APPROVE TEMPORARY TRAILER – JOSEPH EVANGELISTA – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Joseph Evangelista has submitted a letter of request to place a temporary trailer (r.v.) on his property otherwise known as 17 North 14^th Street, Del Haven, Block 400 Lot 20,21, 22.01, and

WHEREAS, due to an addition be placed upon the residence, occupancy of said household would be unfeasible.

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

FURTHER RESOLVED, that authorization to place the trailer is hereby granted for a period of 6 months.

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.

RESOLUTION NO. 326-04 – CLOSED SESSION – MATTERS OF POTENTIAL LITIGATION – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the section of the Open Public Meetings Law, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Township Committee of the Township of Middle, the governing body thereof, is of the opinion that such circumstances presently exist,

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

1. The public shall be excluded from the discussion of an action upon the hereinafter specified matter: MATTERS OF POTENTIAL LITIGATION.

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

3. It is anticipated at this time the above subject matter will be made public as follows:
WHEN THE MATTER IS RESOLVED

4. This Resolution shall take effect immediately.

RESOLUTION NO. 327-04 – APPROVE ECONOMIC DEVELOPMENT LOAN – 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 following Economic Development Loan in the amount indicated are hereby approved:

APPLICANT AMOUNT

Shelton Motel, Inc.

$25,000.00

RESOLUTION NO. 328-04 – AUTHORIZE MAYOR TO SIGN APPLICATION FOR FUNDING FOR VARIOUS SANITARY SEWER PROJECTS – 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 Mayor F. Nathan Doughty be and hereby is authorized to sign the application for funding in connection with the below Sanitary Sewer Projects:

PROJECT TOTAL PROJECT COST

Shunpike & Goshen Sanitary Sewer Project	$1,852,000.00
Shellbay & Crest Haven Sanitary Sewer Project	$2,394,000.00

RESOLUTION NO. 329-04 – DUPLICATE TAX SALE CERTIFICATE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHERE AS, the Tax Collector of Middle Township has previously issued a tax sale certificate to Garden State Investment Group which certificate is dated January 14, 2003 covering premises commonly known and referred to as Block 1109 and Lots(s) 13, 14, 15, 16, 3, 24 as set out on the municipal tax map then in use which certificate bears number 2003-4264, and

WHEREAS, the purchaser of the aforesaid tax sale certificate has indicated to the Tax Collector that they have lost or otherwise misplaced the original tax sale certificate and have duly filed the appropriate Affidavit of Loss with the Tax Collector, a copy of which is attached hereto.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle of the County of Cape May, State of New Jersey, that the Tax Collector of the municipality be and is hereby authorized, upon receipt of an appropriately executed and notarized Loss Affidavit and the payment of a fee of $100.00 per certificate, to issue an appropriate duplicate tax sale certificate to the said purchaser covering the certificate lost as previously described all in accordance with the requirements of Chapter 99 of Public Laws of 1997.

Garden State Investment Group

6601 Ventnor Ave, Ste 103

Ventnor, NJ 08406

BE IT FURTHER RESOLVED, that a copy of this Resolution and the Loss Affidavit be attached to the duplicate certificate to be issued to said purchaser and that said duplicate certificate shall be stamped or otherwise have imprinted upon it the word “DUPLICATE” as required by law.

RESOLUTION NO. 330-04 – LOCAL PUBLIC CONTRACT – MICHAEL LANGE - APPRAISAL SERVICES – WHITESBORO/ EDGEWOOD PUMP STATION SITE – On motion by Committeemember Leusner 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 7, 2004 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 7, 2004 through completion of the project.

Michael Lange – Appraisal Services – Whitesboro / Edgewood Pump Station Site

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. 331-04 – APPROVAL FOR PAYMENT TERMINAL LEAVE – DANIEL COLLINS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Daniel Collins has submitted his retirement forms with an effective date of June 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 June, 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.

Daniel Collins

Vacation Days 20.5 3,543.22

Sick Days 86.5 14,950.66

Personal Days 0

Balance Due $18,493.88

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.

________________________________ June 1, 2004

Tracey DeVico Taverner, CFO

RESOLUTION NO. 332-04 – 2004 HOTEL / MOTEL LICENSE APPROVAL – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the several Hotel / Motel license applications listed below have been found to be in proper form, and the fee paid in each case.

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

License#	Applicant	Tradename	Location	Sites	Fee
1	Amandeep Hotel Inc.	Catalina Motel	1200 Georgia Ave	9	$350.00
3	Isha Hospitality LLC	Country Motel	1604 Route 47 South	28	$350.00
5	Marion Monroe	Dutchmans Motel	1077 Route 47 South	11	$350.00
6	Anisha Hospitality LLC	Economy Motel	3172 Route 9 South	34	$350.00
7	Priyavadan Patel	Green Acres Motel	1031 Route 47 South	16	$350.00
8	Shree Khodiar LLC	Simpson Motel	1507 Route 47 South	19	$350.00
10	Donald Richardson	Hillside Motel	2007 Route 9 South	13	$350.00
14	Robert & Ruth Worth	Marlee Motel	1003 Route 47 South	13	$350.00
15	Kathleen Clark	Meadowbrook Motel	605 N. Wildwood Blvd.	20	$350.00
19	Shelton Motel Inc.	Shelton Motel	1410 Route 47 South	21	$350.00
20	Lorene Johnson	Silver Birch Motel	1019 Route 47 South	10	$350.00
22	Whispering Woods Inc.	Whispering Woods	535 Route 47 South	22	$350.00

RESOLUTION NO’S 333 THROUGH 336 – CONFIRMATION OF SALE OF LAND (ITEMS A THROUGH D)– On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

333 –04(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.: 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 #26 $5,000.00 Block: 1024 Lots: 24

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

Parcel # 26 Josh Goldberg, 607 Shunpike Rd, Erma, NJ 08204

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, that the sale of said premises, upon the above consideration, be and is hereby confirmed, and the Mayor and Clerk of the Township of Middle are hereby authorized and directed to convey said premises as directed by said highest bidder, by Bargain and Sale Deed, free and clear of all taxes up to and including the calendar quarter during which said sale was held.

334-04(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.: 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 #29 $7,000.00 Block: 1062 Lots: 17

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

Parcel # 29 Louis Altobelli, 2309 Rte 9 South, Rio Grande, NJ 08242

335-04(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.: 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 #8 $5,000.00 Block: 209 Lots: 47.02,51.01

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

Parcel # 8 Paul & Dorothy Brant, 902 Rte 47 S, Cape May, NJ 08204

336-04(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.: 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 #7 $16,500.00 Block: 209 Lots: 84,86,88

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

Parcel # 7 Abdul Rahman F Albadrasawi, 197 Rte 47 S, CMCH, NJ 08210

RESOLUTION NO. 337-04 – AWARD OF BID - 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.

WHEREAS, it has been deemed necessary and desirable to solicit bids for
the resurfacing of the Clarence Davies Recreation Complex / Entranceway and Main Parking, and;

WHEREAS, sealed bids were received on June 1, 2004, at 3 p.m.,
and;

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

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township
of Middle, the governing body thereof, that the contract for the resurfacing of the Clarence Davies Recreation Complex / Entranceway and Main Parking be and hereby is awarded to:

Albrecht & Heun, Inc. for a total bid price of $69,270.00, and;

FURTHER BE IT RESOLVED, that this award is conditioned upon certification of availability of funds.
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. 338-04 – APPROVE APPLICATION FOR RAFFLE LICENSE – BURDETTE TOMLIN MEMORIAL HOSPITAL AUXILIARY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Burdette Tomlin Memorial Hospital Auxiliary has applied to Legalized Games of Chance Control Commission for Raffle Nights, and

WHEREAS, the location will be at, 1765 US Hwy 9 N., Swainton, NJ 08210, otherwise known as Sand Barrens 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 17, 2004 at the location of 1765 US Hwy 9 N, Swainton, is hereby approved.

RESOLUTION NO. 339-04 – 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.: 198-03 Adopted: May 5, 2003 Sale Date: May 17, 2003

WHEREAS, said public sale was held at the above time and place, and said premises were sold to the highest bidder by Resolution No. 257-03:

Premises:

Parcel # 1 $260,000.00 Block: 1447 Lot: 10.01 & 10.02

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

Parcel # 1 William Juliano, aka Delco, LLC. Plaza Office Center, Suite 214, 560 Fellowship

Road, Mount Laurel, NJ

WHEREAS, the Township of Middle agrees with William Juliano, a.k.a. Delco, LLC to assign Block 1447 Lot 10.01 and 10.02 to Grande Properties Development LLC.

RESOLUTION NO. 340-04 – PROMOTION – ROSALIND JEFFERSON – PRINCIPAL CLERK TYPIST – 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
Rosalind Jefferson	Principal Clerk Typist	$3,000.00 increase	Retro-Active January 1, 2003

RESOLUTION NO. 341-04 – LOCAL PUBLIC CONTRACT – MASER CONSULTING, PA – INITIAL PLAN ENDORSEMENT SERVICES – NJ SMART GROWTH 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 is receipt of a New Jersey Smart Growth Grant from the Department of Community Affairs in the amount of $50,000.00, and

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

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

MASER CONSULTING, PA – INITIAL PLAN ENDORSEMENT SERVICES – NJ SMART GROWTH GRANT

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 not to exceed $50,000.00.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 342-04 – REDUCTION OF PERFORMANCE BOND – TOMPKINS BUILDERS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $106,171.00 is being held as a performance guarantee for Tompkins Builders for site improvements at Block 391.01 / 391.03, Lot 2.03 / 11-15 & 62-66, in the Del Haven section of Middle Township, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $73,030.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance quarantee for the above stated project be reduced to $33,141.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Subdivision Performance Bond with Gulf Insurance Company be and is hereby reduced to $33,141.00.

RESOLUTION NO. 343-04 – AUTHORIZING THE APPLICATION TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION, TRANSPORTATION ENHANCEMENT PROGRAM – BIKE PATH EXTENSION – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to construct a 1.3 mile extension from Goshen Road to Shellbay Avenue in connection with the already existing Middle Township Bike Path.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, governing body thereof, that the application to the New Jersey Department of Transportation, Transportation Enhancement Program for extension of said bikepath is hereby authorized.

BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

RESOLUTION NO. 344-04 – AUTHORIZE APPLICATION – DEPARTMENT OF TRANSPORTATION TRUST FUND – CONSTRUCTION / RECONSTRUCTION OF SECOND, FOURTH, AND PENNSYLVANIA AVENUE IN THE TOWNSHIP OF MIDDLE – 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 the Application to the Department of Transportation Trust Fund for the construction / reconstruction of Second, Fourth, and Pennsylvania Avenues in the Township of Middle is hereby authorized, and

BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

RESOLUTION NO. 345-04 – LOCAL PUBLIC CONTRACT – GRANT PREPARATION AND SUBMISSION – BLAUER ASSOCIATES – WHITESBORO HEADSTART – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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,

Blauer Associates – Grant Preparation and Submission – Whitesboro Headstart

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

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

PO#________________________________________.

Continued …

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 346-04 – REDUCTION OF PERFORMANCE BOND – DELCO, LLC. – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $4,300,000.00 is being held as a performance guarantee of Delco, LLC. for site improvements at Block 1435.03, 1455-1462, including various lots, also known as the Rio Grande Center, Rio Grande and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $105,801.63 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $4,194,198.37.

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 be and is hereby reduced to $4,194,198.37

PUBLIC COMMENT:

Madelyn Flipski – stated that she was very happy that the veterinary association is concerned with the Township Ordinance and appreciates the input of Dr. Logan.