Cape May Court House, NJ

April 4, 2005 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.

1. RESOLUTION NO. 160-05 – RECOGNIZING APRIL 15^TH AS DRESS IN BLUE DAY IN CONNECTION WITH CHILD ABUSE PREVENTION MONTH – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, children are Middle Township’s most precious resource and, as such, it is important for all citizens to create a caring, safe environment in which our children can flourish and reach their full potential, and

WHEREAS, we take the opportunity of National Child Abuse Prevention Month to renew our commitment to protect our most vulnerable citizens from harm, and

WHEREAS, we acknowledge that more than 3 million American children are reported abused and neglected each year, including 40,000 in New Jersey, and

WHEREAS, abused and neglected children face challenges that no child deserves, and the damage caused often results in young people who develop long lasting harmful behaviors that effect themselves, their future children and their communities, and

WHEREAS, every occurrence of child abuse is a human tragedy and the effects of child abuse are not only long-lasting and inhumane, but costly – taxing the mental health and juvenile justice systems, law enforcement agencies, courts and educational institutions, and

WHEREAS, it is important to work as a community to help children become healthy and happy adults by encouraging parents and caregivers to provide our children with love, safety, security, emotional support and a strong connection to their extended families and communities.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that the said governing body hereby proclaims April as Child Abuse Prevention Month in the Township of Middle and calls upon all citizens, service agencies, organizations, medical facilities, schools and businesses to increase their participation in the efforts in prevent child abuse, thereby strengthening community and family unity, and

FURTHER RESOLVED, that the governing body does hereby encourage the citizens of Middle Township to participate in Middle Township’s DRESS IN BLUE DAY, Friday April 15, 2005 by wearing blue ribbons or clothing, and prominently displaying blue ribbons throughout our community. The Blue Ribbons will commemorate the Township wide effort to show our children that they are truly a priority – and worthy of a Blue Ribbon World here in Middle Township.

2. RESOLUTION NO. 161-05 AND PROCLAMATION – CHRIST GOSPEL CHURCH, LOVE CENTER DEDICATION – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, New Jersey, does hereby recognize this day of celebration and dedication for the newly worshiped Christ Gospel Church Love Center located in the Whitesboro section of the Township of Middle.

3. RESOLUTION NO. 162-05 AND PRESENTATION OF CERTIFICATE – RECOGNIZING APRIL 10^TH THROUGH 16^TH AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

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

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

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

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

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

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

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

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, and State of New Jersey, declares the week of April 10th through 16th, 2005 to be National Public Safety Telecommunications Week in the Township of Middle, in honor of the men and women whose diligence and professionalism keep our city and citizens safe.

4. RESOLUTION NO. 163-05 AND SWEARING IN OF OFFICERS – NEW APPOINTMENTS – ECONOMIC DEVELOPMENT COUNCIL – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, the goal purpose of the Council shall be to direct its activities towards the building of a diverse, prosperous and self-reliant economy; the preservation of the character, history, culture, quality of life and natural resources of the Township of Middle; the improvement of the lives of all citizens of the Township of Middle with good homes, good jobs, schools and services, and

WHEREAS, the Council shall consist of nine (9) members. The initial membership shall consist of three members holding three year terms, three members holding two year terms, and three members holding a one year term. Thereafter, all members shall serve for three years, and

WHEREAS, the terms shall run from the appointment date, if appointed in the middle of the year, or January 1^st through December 31^st, and

WHEREAS, the Council shall elect a Chairman and may appoint a Secretary, and

WHEREAS, the Chief Financial Officer, Construction Official, Zoning Official, Grants Coordinator, and Mayor’s designee shall serve as non-voting ex-officio members of the Council.

THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, Count of Cape May and State of New Jersey that the following person be and is hereby appointed to fill the following position for the term of office opposite their name:

FURTHER RESOLVED, that the following person be and is hereby appointed to fill the following

position for secretary to the board:

NAME POSITION TERM TERM

EFFECTIVE EXPIRES SALARY

Kimberly Tomkinson	Secretary to Board	04/04/2005		12/31/2005		$850.00
NAME	POSITION		TERM EFFECTIVE		TERM EXPIRES
Tim Donahue	Chairman / Member		04/04/2005		12/31/2008
Mary Rixey	Member		04/04/2005		12/31/2008
Bryan Marriner	Member		04/04/2005		12/31/2008
Lee Van Horn	Member		04/04/2005		12/31/2007
Kathy Janicki	Member		04/04/2005		12/31/2007
Ross Denham	Member		04/04/2005		12/31/2007
Carol Struett	Member		04/04/2005		12/31/2006
Diane Fox	Member		04/04/2005		12/31/2006
Bruce Menz	Member		04/04/2005		12/31/2006

5. ORDINANCE NO. 1186-05 – ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 236-41 THEREOF, ENTITLED VEHICLES AND TRAFFIC SCHEDULE XIII “PARKING PROHIBITED AT ALL TIMES” - Following second reading, hearing, and consideration for adoption, Ordinance 1186-05 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

6. ORDINANCE NO. 1187-05 – ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1187-05 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.

7. ORDINANCE NO. 1188-05 – ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 215, ARTICLE III, SECTION 17, THEREOF ENTITLED STREET EXCAVATIONS, FEES; BOND REQUIREMENTS - Following second reading, hearing, and consideration for adoption, Ordinance 1188-05 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.

8. ORDINANCE NO. 1194-05 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE FOR A ZONING CHANGE FOR THE ENTIRE BLOCK OF 1481 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MIDDLE - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1194-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/02/2005 at 6:00 p.m.

9. ORDINANCE NO. 1195-05 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, VACATING A PORTION OF CAPE MAY AVENUE ADJACENT TO BLOCK 301.01 LOT(S) 12 & 13 AS SHOWN ON SHEET NO. 19.12 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 1195-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 05/02/2005 at 6:00 p.m.

10. RESOLUTION NO. 164-05 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the minutes from the Township Committee meeting held March 21, 2005 are hereby approved.

11. RESOLUTION NO. 165-05 – 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 $ 4,710.05

Current Acct. $ 2,272,014.23

12. REPORTS: The following Committees/Departments have submitted their reports for the month(s) indicated; Safety Committee for the months of February and March; Zoning Official for the month of March; Township Clerk for the month of March; Construction Official for the month of March;

13. RESOLUTION NO. 166-05 – AUTHORIZE APPLICATION – HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM – 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, the governing body thereof, that authorization to apply for the Homeland Security Commercial Equipment Direct Assistance Program be and is hereby approved.

FURTHER RESOLVED, that Police Chief Joseph Evangelista is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

14. RESOLUTION NO. 167-05 – RETURN FROM FAMILY MEDICAL LEAVE / AUTHORIZE CHANGE IN EMPLOYMENT STATUS – JENNIFER TEASENFITZ – 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 that Jennifer Teasenfitz return from family medical leave effective March 28, 2005, and

BE IT FURTHER RESOLVED, by the Township Committee of the Township of Middle that the following employee is hereby further designated to the employment status listed below:

NAME	PREVIOUS STATUS	AMENDED STATUS	SALARY	EFFECTIVE DATE
Jennifer Teasenfitz	F/T Telecomm. Operator	P/T Telecomm. Operator	$13.00 p/h	03/28/2005

15. RESOLUTION NO. 168-05 – RE-INSTATEMENT OF EMPLOYMENT – JAY GASKILL – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Township Committee passed Resolution NO. 147-05 on March 21, 2005 acknowledging the resignation of Jay Gaskill from the Public Works Department, and

WHEREAS, Mr. Gaskill would like to resume employment with the Township of Middle effective March 28, 2005.

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 employment listed below is re-instated.

EMPLOYEE DEPARTMENT EFFECTIVE SALARY

Jay Gaskill

Public Works

3/28/2005

$19,422.00

16. RESOLUTION NO. 169-05 – RESCINDING RESOLUTIONS – PROFESSIONAL SERVICES CONTRACTS – SHELLBAY, SHUNPIKE, GOSHEN AND CREST HAVEN ROAD – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, USDA/Rural Housing Development has funded the Shellbay, Shunpike, Goshen and Crest Haven Road sewer projects in the amount of $4,246,000.00 ($3,663,000.00 loan and $583,000 grant), and

WHEREAS, last year Rural Development had requested that the Township make two separate applications for funding, however the USDA funded the project as one, and

WHEREAS, it is necessary that the Township rescind resolutions 361-04 through 368-04, professional contracts.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey hereby rescinds resolutions 361-04 through 368-04 in connection with the above referenced sewer projects.

17. RESOLUTION NO. 170-05 – AUTHORIZING CONTACT WITH CONECTIV POWER DELIVERY – LOLA LANE INSTALLATIONS – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40A:11-5 authorizes a contract to be awarded by a Governing Body without public advertising for receipt of formal bids for services of an extraordinary unspecifiable service (N.J.S.A. 40A:11-5(1)(a)(ii)), and

WHEREAS, EUS are services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor, and

WHEREAS, such a service is required for the removal of electrical equipment belonging to Conectiv Power Delivery of Cape May Court House, therefore justifying said contract.

NOW THEREFORE BE IT RESOLVED, that the contract with Conective Power Delivery in the amount of $19,368.55 for installation of a second 12kv phase on Lola Lane, installation of a new 3 phase 12kv delta transformer bank along with completion of customer owned underground service riser, is hereby approved.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 19,368.55 has been bid for the following service or items installation of connective equipment. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:______________________.

PO#___________________.

18. RESOLUTION NO. 171-05 – ACKNOWLEDGEMENT OF RESIGNATIONS – 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 following resignation listed below is acknowledged.

EMPLOYEE DEPARTMENT EFFECTIVE

Robert Long	Sewer and Water Supervisor Clean Comm. Prg	April 30, 2005
Keith Corbin	Public Works	April 1, 2005
Karen Pettit	Public Safety Telecommunications	April 1, 2005
Nancy Condran	Public Safety Telecommunications	April 2, 2005

19. RESOLUTION NO. 172-05 – APPROVING DOCUMENTS FOR SSGC SEWER PROJECT – 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, the Governing Body thereof, that the following documents in connection with the SSGC Sewer Project be and hereby are approved:

Letter of Conditions

Request for Obligation of Funds

Equal Opportunity Agreement

Certification Regarding Drug-Free Workplace

Letter of Intent to Meet Conditions

Applicant Certification

Assurance Agreement

Certification of Contracts, Grants and Loans

Compliance Certification

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

*SSGC stands for Shellbay, Shunpike, Goshen Road and Crest Haven Road areas

20. RESOLUTION NO. 173-05 – SOCIAL AFFAIRS PERMIT – UPPER TOWNSHIP RESCUE – GOLF TOURNAMENT / BEEF AND BEER – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, The Upper Township Rescue Squad has applied for approval to sell alcoholic beverages at a Golf Tournament / Beef & Beer to be held at Sand Barrens Golf Club, 1765 Rte 9, Swainton, on April 27, 2005 from 10:00 am to 12:00 am, 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.

21. RESOLUTION NO. 174-05 – RELEASE OF PERFORMANCE BOND – WAWA, INC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $121,464.00 is being held as a Performance Guarantee (Subdivision Bond) for Wawa Inc. for site plan improvements at Block 919, Lot 1, also known as Rte 9 & Indian Trail, Burleigh, 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 Bond No. 103869594 in the name of Wawa, Inc. be and is hereby released.

22. RESOLUTION NO. 175-05 – AMENDING ADOPTED PERSONNEL POLICY MANUAL AND PERSONNEL POLICY HANDBOOK -- NEPOTISM POLICY– On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Resolution No. 101-04 approved March 1, 2004 adopted the updated Personnel Policy Manual and Personnel Policy Handbook, and

WHEREAS, amendments were made via Resolution 28-05 on January 1, 2005, and

WHEREAS, once again updates have been made to said manual.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Personnel Policy Manual & Personnel Policy Handbook updates dated January 2005 are hereby adopted.

FURTHER RESOLVED, that a copy of said update shall be distributed to each Township Committee person, Township Administrator, Township Solicitor, and Head of each Department.

FURTHER RESOLVED, that should any section, paragraph, sentence, clause or phrase of this manual be declared unconstitutional or invalid for any reason, the remaining portions of said manual shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of mentioned manual are hereby declared to be serverable.

FURTHER RESOLVED, this manual shall become effective immediately upon approval of this resolution and all other manuals in conflict or inconsistent with the updated version dated January 2005 are hereby repealed, to the extent of such conflict or inconsistency.

23. RESOLUTION NO. 176-05 – RENEWAL TOWING LICENSES – 2005 / AMENDING PREVIOUSLY APPROVED VEHICLES – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the several Towing license renewal applications listed below have been found to be in proper form, and the fees paid in each case.

NOW, THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby renewed for the calendar year of 2005:

BE IT FURTHER RESOLVED, that the following previously approved vehicles have been transferred as follows:

License#	Truck#	Tradename	License Plate Number	Truck Make/ Model	Fee	Sticker Fee Paid
1	1	C&E Towing	X-3757-C	1997 F-800 Rollback	$0.00	$25.00
1	2	C & E Towing	X30-B94	1971 DC934B Wrecker	$350.00	$25.00
1	3	C & E Towing	X48285	2001 F650 Flatbed w/ Wheel Lift	$0.00	$25.00

License No. Truck # Amendment

4	2	Registration changed from X30D61 to CD353R
4	3	Truck Changed from 96 Int. to 1993 Chevrolet License No. XD355R
2	2	Replacing 1994 Ford with: 1997 Int.Rollback XD505R Vin No. 1HTSCABM9VH445449

24. RESOLUTION NO. 177-05 – REDUCTION OF PERFORMANCE BOND – REDUCTION NO.11 - DELCO, LLC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $1,883,367.85 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 $50,415.30 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $1,832,952.55.

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 $1,832,952.55.

25. RESOLUTION NO. 178-05 – RELEASE OF PERFORMANCE BOND – STURDY SAVINGS BANK – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted. Mayor Doughty Abstained

WHEREAS, $20,489.00 is being held as a Performance Guarantee for Sturdy Savings Bank for site plan improvements at Block 221, Lot 25, also known as Crest Rd and Stone Harbor Blvd, 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 Account No. 72000 82697 with Commerce Bank in the name of Sturdy Savings Bank, in the amount of $22,631.97 (bond plus interest), be and is hereby released.

26. RESOLUTION NO. 179-05 – RATIFY JOINT INSURANCE FUND SAFETY CONTRACT – 2005 – 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, the governing body thereof, that the Joint Insurance Fund Safety Contract, be and is hereby ratified.

FURTHER RESOLVED, that the appropriate officials are hereby authorized and directed to sign said contract.

27. RESOLUTION NO. 180-05 – REDUCTION OF PERFORMANCE BOND – CCC TRIVEST, INC. – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, $26,208.00 is being held as a performance guarantee of CCC Trivest Inc. for site improvements at Block 326, lot(s) 5.01, 7, also known as the Gateway Shores Senior Center, Rte 9 South, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $20,340.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $5,868.00.

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 $5,868.00.

28. RESOLUTION 181-05 – CLOSED SESSION – MATTERS OF PENDING LITIGATION – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 PENDING LITIGATION.

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

29. RESOLUTION NO. 182-05 – ENDORSING APPLICATION TO 2005 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM – RIO GRANDE RESCUE SQUAD – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Rio Grande Rescue Squad desires to apply for and obtain a grant for a Special Operations Vehicle through the 2005 Assistance to Firefighters Grant Program which will provide Fire Rehab as well as a Support Vehicle for special events, and

WHEREAS, this vehicle will be used by all fire companies and rescue squads within the Township of Middle, and

WHEREAS, the purchase of the new truck and equipment will provide an environment to monitor our firefighters while their vital signs and body temperature return to a safer level to prevent the risk of heart attack and heat related injuries, and

WHEREAS, the new Special Operations Vehicle is absolutely a necessity to maintain the level of service for which the Rio Grande Rescue Squad has become known. Most especially a new and reliable vehicle is required to support the fire companies.

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 Rio Grande Rescue Squad to apply to the 2005 Assistance to Firefighters Grant Program for the purchase of a Special Operations Vehicle.

30. PUBLIC COMMENT:

Committeemember Leusner read a letter received from Susan Callahan, whose father, John Walters, designed the Township Seal. Both Susan and her husband were invited to the Volunteer Board Dinner and wanted to thank Committee for their generosity.

Peggy Mathis – wanted to check on the status of the report regarding the horse complaint she filed at the last meeting ….

J. Alexis informed Mrs. Mathis that a report has been received from Animal Control Officer Candell. Mr. Candell states that the horses seem to be in good health. Conditions were dry and not of concern. The zoning department is looking into the matter further.

P. Mathis – Disagrees …. Believes that conditions are horrendous.

Mr. Sebastiane – asked about the status of the Pierces Point re-grading.

V. Orlando – Twp is looking for grant money.

P. Mathis – asked committee for a timeline on the upcoming sewer projects.

Mayor Doughty stated that they would know more in 2 weeks.

P. Mathis – complained about the grading of the roadway around the Lowe’s entranceway in Rio Grande.

V. Orlando – stated that it is temporary grading approved by the DOT and will be fully recoated.

P. Mathis – informed committee of the flooding out front of Hi-Tech in Burleigh.

V. Orlando – Code Officer involved in looking into the issue.

Melvin Williams – reiterated his concerns regarding the need for sidewalks in Whitesboro.

Brenda Harrison – stated the same concern as Mr. Williams.

Vilma Pombo – reminded the public about Earth Day on April 16^th at the County Park and Zoo.

There being no other business, the meeting was adjourned at 7:10pm:

__________________________________

James Alexis, Clerk