October 4, 2004

Cape May Court House, NJ

October 4, 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, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

DREDGE SOILS PERMIT HEARING AND RESOLUTION NO. 554-04 – BOAT OWNERS ASSOCIATION – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Chapter 260 of the Code of the Township of Middle pertaining to Dredge Soil Permits and the depositing of dredge soil material within the Township of Middle;

WHEREAS, the Bay Owners Association and Boat Owners Association of the Borough of Stone Harbor have made application to deposit dredge soils within the Township of Middle;

WHEREAS, the Nummy Island CDF Site #103 is a legal depository for dredge soils;

WHEREAS, the Township Committee of the Township of Middle opened hearings September 20, 2004 on the application;

WHEREAS, said hearing was continued until October 4, 2004;

WHEREAS, testimony was given including that of the Middle Township Municipal Engineer that the application is within the perimeters of the municipal code;

WHEREAS, the Municipal Engineer has calculated that the fee for depositing 10,573 cubic yards of dredge soil material and the required fee being Five Thousand Three Hundred and Thirty Five ($5,335.00) Dollars;

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that a permit be issued to Bay Owners Association and Boat Owners Association of the Borough of Stone Harbor, to deposit 10,573 cubic yards of dredge soil material at Site #103 on Nummy Island, Block 320, Lot 1, within the Township of Middle;

ALSO, NOW THEREFORE BE IT RESOLVED, that a Certified Copy of this Resolution will be forwarded to the applicant upon payment of the Five Thousand Three Hundred and Thirty Five ($5,335.00) Dollar fee.

PUBLIC HEARING AND RESOLUTION NO. 555-04 – PLACE TO PLACE TRANSFER – KING NUMMY TRAIL CAMPGROUND – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, RJH Lenape Nummy Inc., aka King Nummy Trail Campground, is the holder in good standing of Campground License No. 7, located on Block 142, Lot(s) 12.02 & 15, also known as 205 Route 47 South, Cape May Court House, and

WHEREAS, RJH Lenape Nummy Inc. has made application to transfer Campground License # 7 from 205 Route 47 South to 193 Route 47 South, and

WHEREAS, RJH Lenape Nummy Inc. is also seeking to expand the site numbers from 302 sites to 318 sites, and

WHEREAS, the transfer of this license is contingent on all required approvals in connection with Chapter 104 of the Code of the Township of Middle.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Campground License # 7 be and hereby is transferred from Block 142 Lot(s) 12.02 & 15 to Block 142 Lot 12.01 (otherwise known as 193 Rte 47 South).

RESOLUTION NO. 556-04 – 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 the following bills in the amounts indicated are hereby approved:

Dedicated Trust $2,107.25

Current Acct. $2,473,631.18

RESOLUTION NO. 557-04 – 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 September 20, 2004 are hereby approved.

REPORTS: The following reports have been submitted for the months indicated: Municipal Clerk’s office for the month of September; Construction Official for the month of September; Zoning Official for the month of September; Tax Collector for the month of August.

RESOLUTION NO. 558-04 – LOCAL PUBLIC CONTRACT – PROFESSIONAL SURVEYING SERVICES – VAN NOTE HARVEY – 2004 STREET CONSTRUCTION – On motion by Mayor Doughty 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,

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 October 4, 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 October 4 through completion of the project.

Professional Surveying Services – Van Note Harvey – 2004 Street Construction

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 DeVico Taverner, CFO

RESOLUTION NO. NO. 559-04 – LOCAL PUBLIC CONTRACT – PROFESSIONAL SURVEYING SERVICES – VAN NOTE HARVEY – WHITESBORO SCHOOL – On motion by Mayor Doughty 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,

Professional Surveying Services – Van Note Harvey – Whitesboro School

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#________________________________________.

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION NO. 560-04 – LOCAL PUBLIC CONTRACT – GEOTECHNICAL ANALYSIS - CRAIG TEST BORING CO., INC. – CLARENCE DAVIES SPORTS COMPLEX – 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,

Geotechnical Analysis – Craig Test Boring Co. Inc. – Clarence Davies Sports Complex

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#________________________________________.

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION NO. 561-04 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the following resignation listed below is acknowledged.

EMPLOYEE DEPARTMENT EFFECTIVE

Robert Taylor

Rent Leveling Board Solicitor

Cable TV Board Solicitor

Conflict Solicitor

September 30, 2004

RESOLUTION NO. 562-04 – TABULATION COMMITTEE – TRUCK CAB CHASSIS ROLL OFF SKID MOUNTED KNUCKLE BOOM LOADER AND TRASH BODY – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle is in need of acquiring the following: One (1) Cab and Chassis with a G.V.W. of 58,000 lbs. and assembled as one (1) unit with the following accessories, Hydraulic Hook Lift with Roll off Rails 19 Feet in Length, Skid Mounted Knuckle boom Loader and 24 Cubic Yard Trash Body, options listed in specification to be included.

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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey DeVico, and Director of Public Works Robert Hodges be and hereby are appointed to tabulate the bids to be taken on December 3, 2004 at 11:00 AM, prevailing time, in the Middle Township Municipal Building, 1^st Floor Court Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

TRUCK CAB CHASSIS ROLL OFF SKID MOUNTED KNUCKLE BOOM LOADER AND TRASH BODY

RESOLUTION NO. 563-04 – AUTHORIZATION TO ENTER INTO CONTRACT WITH KEVIN WONG / VIABLE NETWORKS LLC. IN CONNECTION WITH CONTRACT NO. 2 (ELECTRICAL AND HVAC) – TELECOMMUNICATIONS UPGRADE PROJECT – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Resolution No. 382-04 authorized the Clerk/Business Administrator James Alexis to negotiate on behalf of the Township of Middle with contractors to provide and install all services, materials, and labor specified in Contract No. 2 (Electrical and HVAC) 2A, 2B, and 2C, and

WHEREAS, the Township wishes to enter in a contract with Kevin Wong/Viable Networks LLC. in connection with “Contract 2” of the Telecommunications Project.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that authorization is hereby granted to enter into a contract with Kevin Wong/ Viable Networks LLC. in connection with “Contract No. 2” for the Telecommunications Upgrade Project.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION – AUTHORIZATION TO ENTER INTO CONTRACT WITH ANZELONE ELECTRIC COMPANY IN CONNECTION WITH CONTRACT NO. 2 (ELECTRICAL AND HVAC – TELECOMMUNICATIONS UPGRADE PROJECT – On motion by seconded by and passed on roll call, the following resolution was adopted.

WHEREAS, the Township wishes to enter in a contract with Anzelone Electric Company for Phase II, Radio Room, of the Telecommunications Project.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that authorization is hereby granted to enter into a contract with Anzelone Electric Company for Phase II of Contract No. 2 for the Telecommunications Upgrade Project.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 565-04 – CLOSED SESSION – PERSONNEL MATTERS AND PENDING 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: PERSONNEL MATTERS AND PENDING LITIGATIONS

2.) The general nature of the subject matter to be discussed is as follows: PERSONNEL MATTERS AND PENDING 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. 566-04 – APPOINTMENT – NEW HIRES – TELECOMMUNICATIONS OPERATOR TRAINEE PART-TIME – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the following employee is hereby appointed to the following position at the salary opposite their name:

NAME	TITLE	SALARY	EFF. DATE
Nancy Pettit	PS Telecommunications Operator Trainee P/T	$9.86 per hour	09/24/2004
Nancy A. Condran	PS Telecommunications Operator Trainee P/T	$9.86 per hour	09/25/2004

RESOLUTION NO. 567-04 – 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 Account as listed on the attached sheets shall be released.

RESOLUTION NO. 568-04 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – JENNIFER TEASENFITZ – 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, 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 Jennifer Teasenfitz from September 23, 2004 through December 16, 2004 is hereby approved.

RESOLUTION NO. 569-04 – RELEASE OF PERFORMANCE BOND – STREET OPENING – JEFF GOUDY / MILLER HOMES – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $5,000.00 is being held as a performance guarantee for Jeff Goudy / Miller Homes for the street opening located at 107 East Atlantic Avenue, 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 $5,000.00, be and is hereby released.

RESOLUTION NO. 570-04 – REFUND OF 2004 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to 100% totally disabled American Veteran

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

4242

212.05

Ciccarone, Andrew C Jr & Marilyn A

203 CH SO Dennis Rd

Cape May Court House, NJ 08210

Property Location: 203 CH SO Dennis Rd

3,051.17

12992

1118

Conklin, Louie

506 E Main Ave

Rio Grande, NJ 08242

Property Location: 506 E Main Ave

42.44

BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, that the Chief Financial Officer be instructed to draw checks in the above noted amounts payable to the above-mentioned parties, as a refund of 2004 taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

RESOLUTION NO. 571-04 – CANCELLATION OF TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

ACCT # BLOCK LOT NAME/LOCATION 2004taxes 1^st ½ 2005

12992

1118

Conklin, Louie

Property Location: 506 E Main Ave

857.81

813.36

4242

212.05

Ciccarone, Andrew C Jr

Property Location: 20 CH So Dennis Rd

4,080.74

2,040.37

PUBLIC COMMENT:

Committeemember DeLanzo indicated that the Skate Park is one step closer with the Dredge Soils

Mayor Doughty – Next weekend is the big soccer tournament at the Recreation Center. Harvest Festival is the last weekend in October. He received the following correspondence:

Thank you from Volunteer Fire Co. #1 regarding 100^th Anniversary Celebration.
Thank you from Babe Vistenzo regarding flowers at husband, Michael’s, funeral.
Dedication for Carol Nicoletta will be held Thursday at 5pm at Shellbay Fishing Pier.
Thank you from Miss America Pageant regarding help from M.T. Police Department.

Committeemember DeLanzo congratulated 1^st Baptist Church for 100^th Anniversary on Saturday.

Mayor Doughty attended Tom Scott retirement at Kindle Ford.

Mr. Sebastiane - asked committee if they could have public works cut back brush on Pierce’s Point.

Mayor Doughty will take care of it.

Peggy Mathis - asked committee if Middle Township will get a percentage from the sale of Property sold by Wildwood Water in Rio Grande due to the fact that Middle Township gave them the property in the early 1930’s?

J. Pickering – will look into it.

Frank Brand – is having subdivision problem with Planning Board and is afraid that he will not get a fair hearing due to a conflict with a member of the board. He claims that he has issues with a Mr. Sittineri and since his daughter Nancy is on the board he believes it is a conflict. Due to deed restrictions he will not meet the 35’ setback and he states that he has aerial views of his neighborhood and multiple homes in that area do not meet the criteria.

J. Pickering – stated that everyone that goes in front of the Planning Board is treated fairly. If there is a “Conflict” situation with one of the members they will excuse themselves from the subject.

F. Brad – has seen multiple violations with his neighbors and has never said anything.

Committeemember Leusner how long have you known this information and why are you waiting to now to say something?

F. Brad – I don’t want to start any trouble.

Vilma Pombo - what is the status with the Master Plan?

Vince Orlando – it is in process. The 1^st meeting took place with the Planner of the Smart Growth Plan. The Master Plan sets up changes, which are implemented in the Smart Growth Plan.

V. Pombo – how much longer?

Vince Orlando – probably 2005.

There being no further business, the meeting was adjourned at: 7:45pm

____________________________________

James Alexis, Clerk