September 20, 2004

Cape May Court House, NJ

September 20, 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 Dawn Stimmel, Attorney Pickering, and Engineer Orlando.

PRESENTATION AND RESOLUTION NO. 498-04 – HONORING AND RECOGNIZING MIDDLE TOWNSHIP FIRE COMPANY NO. 1 – 100^TH ANNIVERSARY – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Volunteer Firefighters protect the life and property of our residents and visitors from fire, injury and devastation each year, and

WHEREAS, Volunteer Firefighters, such as those of Middle Township Volunteer Fire Company No. 1, display a special care and concern for the safety and well-being of the community, and possess the skill, drive, and determination to succeed in their efforts, and

WHEREAS, Volunteer Firefighters risk the ultimate sacrifice, their lives, in the form of countless hours of dedicated public safety service over many years, and

WHEREAS, they embody a commitment to excellence that serves as an example and an inspiration to us all, and

WHEREAS, Middle Township Volunteer Fire Company No. 1 has shown this extraordinary form of heroism since 1904, striving to show outstanding effort and tireless dedication to its residents.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, is proud and honored to acknowledge the 100 years of bravery and devotion of Middle Township Volunteer Fire Company No. 1.

PRESENTATION – DENNIS ROBERTS – BELLEVUE TAVERN

DREDGE SOILS PERMIT HEARING – BAY OWNERS ASSOCIATION – Carried over to next meeting. Hearing scheduled for 10/4/2004

John Halbruner represented the Bay Owners Association. Stated all permits have been received by the Bay Owners Association and the report has been received by the EDA.

Some of the concerns discussed were the quality of the dredge soils and location of the site. Mr. Halbruner stated that the quality of the dredge soils was addressed by the permits issued by the DEP. Most of the sampling sites are located center of the channel and basin area, well within tolerance.

This is being done to increase the water depths for boats from 80^th St to Hereford Inlet. The soils will be pumped through to the disposal site. This site is owned by the Boat Owners Association, leased to the Borough of Stone Harbor who in turn leased to the Bay Owners Association. There will be 10,500 cubic yards of material pumped to the site. Proper notice has been provided to owners within 500 feet. They do have copies of the Return Receipts.

The Committee wants to study this a little further before they give the OK for these soils.

RESOLUTION NO. 499-04 – PERSON TO PERSON TRANSFER OF GRAVEL PIT NO. 14 – FRANK CARPINO – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Frank Carpino is the holder in good standing of Gravel Pit License # 14, located on Block 168, Lot 20, also known as Oyster Road, Middle Township, and

WHEREAS, Frank Carpino has made application to transfer Gravel Pit License # 14 to Corolla, LLC., and

WHEREAS, the transfer of this license is contingent on all required approvals in connection with Chapter 132 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 Gravel Pit License # 14 be and hereby is transferred from Frank Carpino to Corolla, LLC..

ORDINANCE NO. 1173-04 – BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $450,000 FOR CONSTRUCTION OF THE GREEN CREEK SEWER PROJECT IN AND BY THE TOWNSHIP OF MIDDLE IN THE COUNT OF CAPE MAY AND AUTHORIZING THE ISSUANCE OF $450,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF– Following second reading, hearing, and consideration for adoption, Ordinance 1169-04 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.

ORDINANCE NO. 1174-04 – AUTHORIZING PURCHASE OF LAND KNOWN AS BLOCK 1083 LOTS 3 & 4 FOR A PUMP STATION SITE FOR THE WHITESBORO / EDGEWOOD PHASE I SANITARY SEWER PROJECT – Following second reading, hearing, and consideration for adoption, Ordinance 1125-03 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.

ORDINANCE NO. 1175-04 – VACATING THE ENTIRE ALLEYWAY BETWEEN 1^ST AND 2^ND STREETS WITHIN BLOCK 1514 AS SHOWN ON SHEET 31.09 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1175-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 10/18/2004 at 6:00 p.m.

RESOLUTION NO. 500-04 – 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:

$486,423.55

$ 974.47 (Rec)

RESOLUTION NO. 501-04 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

REPORTS: The following reports have been submitted for the months indicated: Municipal Clerk’s office for the month of August; Construction Office for the month of August; Zoning Office for the month of August, Tax Collector’s report for the month of August; Treasure’s Department for the month of August; Municipal Court for the month of August.

RESOLUTION NO. 502-04 – INSERTION OF A SPECIAL ITEM OF REVENUE – DRUNK DRIVING ENFORCEMENT FUND – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, R.S. 40A: 4-87 provides the Director of the Division of Local Government Services to approve the insertion of any Special Item of Revenue in the budget of any Municipality when such item shall have been made available by law and the amount whereof was not determined at the time of adoption of budget, and

WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, hereby requests the director of Local Government Services to approve the insertion of additional items of revenue in the budget of the year 2004 in the sum of:

Drunk Driving Enforcement Fund -- FY 2004 -- $12,052.69

BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:

Drunk Driving Enforcement Fund -- FY 2004 -- $12,052.69

RESOLUTION NO. 503-04 – INSERTION OF A SPECIAL ITEM OF REVENUE – ALCOHOL EDUCATION, REHABILITATION & ENFORCEMENT – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount.

Alcohol Education, Rehabilitation, & Enforcement -- FY 2004 -- $3,183.10

BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:

2004 Alcohol Education, Rehabilitation, & Enforcement -- FY 2004 -- $3,183.10

RESOLUTION NO. 504-04 – INSERTION OF SPECIAL ITEM OF REVENUE – POLICE BODY ARMOR GRANT – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount.

Police Body Armor Grant (2003 Grant) -- FY 2004 -- $4,248.94

BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:

Police Body Armor Grant (2003 Grant) -- FY 2004 -- $4,248.94

RESOLUTION NO. 505-04 – INSERTION OF SPECIAL ITEM OF REVENUE – LIVABLE COMMUNITIES GRANT – MLK – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount.

Livable Communities Grant - MLK -- FY 2004 -- $80,000.00

BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption:

Livable Communities Grant - MLK -- FY 2004 -- $80,000.

RESOLUTION NO. 506-04 – 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. 507-04 – TABULATION COMMITTEE – INTERIOR ACCESSORIES – MARTIN LUTHER KING RECREATIONAL CENTER – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, a polling of Township Committee took place, due to time restraints, approving the advertisement for a 2^nd solicitation of bids in the Legal Newspaper of the Township.

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 Recreation Greg Arnold be and hereby are appointed to tabulate the bids to be taken on September 14, 2004 at 10:00 AM, prevailing time, in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

INTERIOR ACCESSORIES – MARTIN LUTHER KING RECREATIONAL CENTER

RESOLUTION NO. 508-04 – LOCAL PUBLIC CONTRACT – AMERICAN APPRAISAL ASSOCIATES – APPRAISAL AND PROPERTY ACCOUNTING SERVICES – FIXED ASSETS – 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 beginning September 20, 2004.

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 September 20, 2004 through the completion of the project.

AMERICAN APPRAISAL ASSOCIATES – APPRAISAL AND PROPERTY ACCOUNTING SERVICES – FIXED ASSETS

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. 509-04 THROUGH 512-04 – REFUND OF TAXES (ITEMS A THROUGH D)– On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

(a) Refund due, as property owner did not realize the mortgage company escrowed taxes.

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

16099

12.04

Michner, Richard & Connie

214 N Main Street

Cape May Court House, NJ 08210

Property Location: 15 Holly Knoll Drive

3068.81

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.

(b) Refund due to overpayment made by mortgage company on auto payment

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

556

13.01

Mc Cusker, Patrick J

Property Location: 9 Lord Lane West

793.82

17189

356.02

Kapp, Erika & Erica M

Property Location: 10 Cedar Meadow Dr

4526.84

Refund payable to:

Land America Tax and Flood Services

1123 South Parkview Drive

Covina, CA 91724

(Lereta)

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

(c) Refund due to overpayment made by mortgage company on auto payment

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

1559	55.01	2.03		Johns, James H Jr	43.49
				122 Rte 47 N
1630	56.01	37		Cooper, Coleman &
				Shawn Knight	561.13
				557 Goshen RD
2844	145	2.01		Jones, William &	1.47
				Kathleen M Corsey
				18 Bay Ave
17433	438	15		Garcia, Joshua R & Rebecca	1198.35
				117 Eldredge Ave
11170	891	1.01		Bell, Dorina	10.65
				206 Gibbs St
12274	1018	15		Walker, Milton Sr & Blanche	557.55
			318 Allen St

Refund payable to:

First American Real Estate Tax Service

Rochester Area Service Center

95 Methodist Hill Rd Suite 100

Rochester, NY 14623

Attn: New Jersey Team

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

(D) Refund due to overpayment made by mortgage company on auto payment

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

3025	163.01	59.17	Fineberg, Robert A & Virginia	1988.56
			24 Chestnut Oak Drive
3109	163.05	14	Kane, Eric P & Theresa M	972.53
			27 Dory Drive
5783	350	35.01	Mc Nally, Patrick & Patricia	173.26
			14 Johnstown Lane
4466	226.02	11	Galletta, Dominic J & Joann	1110.14
			20 Crest Rd

Refund payable to:

Wells Fargo Home Mortgage

1 Home Campus

Des Moines, IA 50328-00001

Attn: New Jersey Team

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. 513-04 – ACKNOWLEDGMENT OF RESIGNATIONS – 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 the following resignations listed below are acknowledged.

EMPLOYEE DEPARTMENT EFFECTIVE

Jennifer Jackson	Finance Office	August 30, 2004
Christopher Pelzer	MLK Center	August 27, 2004

RESOLUTION 514-04 – 208 WATER QUALITY MANAGEMENT PLAN – CONDITIONS FOR WHITESBORO SANITARY SEWER – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the approved 208 Water Quality Management Plan for Cape May County and the Wastewater Management Plan for Middle Township, approved by NJDEP shows the sewer service area for Whitesboro in Middle Township with a limitation of approximately 200 feet east of and parallel to Route 9, and

WHEREAS, the Township of Middle and the County of Cape May had reviewed, approved and endorsed a mapping limit which showed a boundary of 1,000 east of and parallel to Route 9, and

WHEREAS, the Township of Middle has applied for and secured funds from the USDA Rural Development to sewer Whitesboro Phase I with the understanding that the existing homes within the 1,000 foot boundary East of Route 9 could be provided with sanitary sewer service, and

WHEREAS, the NJDEP, in its final approval of the 208 Plan, only adopted a 200 foot offset East of Route 9 in lieu of the 1,000 foot offset requested and approved by Middle Township, and

WHEREAS, the NJDEP will approve a mapping revision from the 200 offset to the 1,000 foot offset provided that Middle enacts a resolution similar to Green Creek wherein only existing homes will be permitted to connect into the new sanitary sewer system and all existing vacant property will require prior approval from NJDEP before new homes are permitted to connect by the Middle Township Sewer Department, and

WHEREAS, the Township of Middle hereby prohibits direct or indirect sewer access and/or construction of new sewer laterals for the proposed sewer system in Whitesboro Area Phase I, Contract No. 18, unless and until approval is received from the Land Use Regulation Program for any new development, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, New Jersey that the above referenced terms and conditions for a 208 Map Revision are hereby accepted.

RESOLUTION NO. 515-04 – AUTHORIZATION TO ENTER INTO CONTRACT WITH WAYNE MOUNTS SR. 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 Wayne Mounts Sr. 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 Wayne Mounts Sr. in connection with “Contract No. 2” for the Telecommunications Upgrade Project.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 516-04 – AUTHORIZATION TO ENTER INTO CONTRACT WITH MAYDAY COMMUNICATIONS INC. 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, the Township wishes to enter in a contract with MayDay Communications Inc. 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 MayDay Communications Inc. in connection with “Contract No. 2” for the Telecommunications Upgrade Project.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 517-04 – AUTHORIZATION TO ENTER INTO CONTRACT WITH CORE POWER AND ENVIRONMENT IN CONNECTION WITH CONTRACT NO. 2 (ELECTRICAL AND HVAC) – TELECOMMUNICATIONS UPGRADE PROJECT – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township wishes to enter in a contract with Core Power and Environment 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 Core Power and Environment in connection with “Contract No. 2” for the Telecommunications Upgrade Project.

PO#________________________________________.

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 518-04 – TABULATION COMMITTEE – MARTIN LUTHER KING RECREATIONAL CENTER SITE IMPROVEMENTS – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, on August 17, 2004 at 10am a Tabulation Committee met to open sealed bids in entitled “Interior Accessories” for the Martin Luther King Recreational Center, and

WHEREAS, no bids where received on time therefore constituting the need to re-solicit bids for said project, and

WHEREAS, a polling of Township Committee took place, due to time restraints, approving the advertisement for a 2^nd solicitation of bids in the Legal Newspaper of the Township.

INTERIOR ACCESSORIES – MARTIN LUTHER KING RECREATIONAL CENTER

RESOLUTION NO. 519-04 – 75^TH ANNIVERSARY OF NEW JERSEY SOCIETY OF MUNICIPAL ENGINEERS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, during 2004, the New Jersey Society of Municipal Engineers is celebrating its 75^th Anniversary, and

WHEREAS, the Township of Middle is pleased to join the New Jerse