April 18, 2005

Cape May Court House, NJ

April 18, 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, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando. Committeemember DeLanzo was absent.

PRESENTATION BY MAYOR DOUGHTY

Kmart Donation to Middle Township Recreation
Rudy Callendar, VIM Representative
Robert Long, Clean Communities

PROCLAMATION – COACH TOM FERACO – previously presented

ORDINANCE NO. 1189-05 – AN ORDINANCE VACATING A PORTION OF OAK AVENUE ADJACENT TO BLOCK 982, LOT 1 AND 4 AND A PORTION OF DELAWARE AVENUE BETWEEN BLOCK 982, LOT 4 AND BLOCK 983, LOT 1 AT THE INTERSECTION OF ROUTE 9 AND NORTH WILDWOOD BLVD. AS SHOWN ON SHEET 29.01 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1189-05 was adopted on motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1190-05 – AN ORDINANCE VACATING A PORTION OF POPULAR STREET BLOCK 1105, ADJACENT TO LOTS 5, 6, 7, AND 8 AND BLOCK1118, LOTS 37, 38, 39, AND 40 AS SHOWN ON SHEET NO. 29.15 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1190-05 was adopted on motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1191-05 – AN ORDINANCE VACATING A PORTION OF
ATLANTIC AVENUE AND CAPE MAY AVENUE AS SHOWN ON SHEET NO. 19.12 OF THE TAX MAP OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1191-05 was adopted on motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1193-05 – AMENDING CHAPTER 236-35 OF THE CODE OF THE TOWNSHIP OF MIDDLE, THEREOF, ENTITLED VEHICLES AND TRAFFIC, SCHEDULE VII, “STOP INTERSECTIONS” - Following second reading, hearing, and consideration for adoption, Ordinance 1193-05 was adopted on motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

RESOLUTION NO. 184-05 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Mayor Doughty 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 April 4, 2005 and the special meeting held April 15, 2005 are hereby approved.

RESOLUTION NO. 185-05 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Leusner seconded by Mayor Doughty 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 $ 3,548.39

Current Acct. $ 919,791.21

REPORTS: The following offices have submitted their reports for the months indicated; Municipal Court for the month of March; Tax Collector for the month of March; Treasure for the month of March;

CORRESPONDENCE RECEIVED/ ITEM OF DISCUSSION: GREEN CREEK SANITARY SEWER PROJECT – GERRE HERON DESIGN

RESOLUTION NO. 186-05 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner seconded by Mayor Doughty 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. 187-05 – AWARD EMERGENCY HOUSING REPAIR CONTRACT – EUGENE ADAMS INC. – 304 S BOYD STREET – On motion by Committeemember Leusner seconded by Mayor Doughty 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 following Emergency Housing Repair contract has been approved:

Eugene Adams, Inc. for a new heater at 304 S. Boyd Street, CMCH, for a total cost of $2650.49.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 2650.49 has been bid for the following service or items new heater. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.

PO#________________________________________.

RESOLUTION NO. 188-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – BARBARA JEAN MONTGOMERY – 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 Family Medical Leave for Barbara jean Montgomery has ended and authorization to return to work on April 4, 2005 has been approved.

RESOLUTION NO. 189-05 – REFUND OF 2005 TAXES – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

Refund due to overpayment by mortgage company

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

13959

1414.03

Cileone, Angeloa

Property Location: 215 Teal Rd

437.14

REFUND PAYABLE TO:

Countrywide Home Loans

1757 Tapo Canyon Rd Suite 300

MS-SV24

Simi Valley, CA 93063

New Jersey

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 2005 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. 190-05 – AUTHORIZE APPLICATION – N.J. DIVISION OF HIGHWAY SAFETY GRANT – “CLICK IT OR TICKET 2005” – 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 of the Township of Middle, the governing body thereof, that authorization to apply for the NJ Division of Highway Safety Grant be and is hereby granted.

FURTHER RESOLVED, that Police Captain William S. Webster is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

RESOLUTION NO. 191-05 – APPROVE – ADOPT A SPOT GRANT – BOY SCOUTS OF AMERICA TROOP #104 – 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 of the Township of Middle, the governing body thereof, that a Mini Grant for the “Adopt a Spot Projects”, be and are hereby awarded to the following:

Boy Scouts of America Troop #104

Main Street Between Rte 9 & Pennsylvania Ave; Pennsylvania Ave between Main Street

and Indian Trail

May 22, 2005

RESOLUTION NO. 192-05 – APPOINTMENT – LISA CAMPBELL – ALTERNATE DEPUTY REGISTRAR OF VITAL STATISTICS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, it has been deemed necessary to fill the term of office for the position of Alternate Deputy Registrar of Vital Statistics, and

WHEREAS, the position of Alternate Deputy Registrar is appointed for a 3 (three) year term.

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 persons be and are hereby appointed to the position for the term of office opposite their name:

NAME	POSITION	TERM EFFECTIVE	TERM EXPIRES
Lisa Campbell	Alternate Deputy Registrar of Vital Statistics	04/18/2005	12/31/2007

RESOLUTION NO. 193-05 – AUTHORIZING THE MAYOR TO SIGN NJDOT FORMS – BLOCK 99.02 LOT 35.01 – 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 of the Township of Middle, the governing body thereof, that Mayor F. Nathan Doughty be and hereby is authorized to sign the required paperwork in connection with the NJ DOT Form MT-32A and Corporate Acknowledgement for the project located at Block 99.02 Lot 35.01.

RESOLUTION NO. 194-05 – APPROVE APPLICATIONS FOR RAFFLE LICENSES – THE WETLANDS INSTITUTE – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, The Wetlands Institute has applied to Legalized Games of Chance Control Commission for multiple raffle licenses, 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 applications and fees have been received.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following raffle nights have been approved:

Date & Time Location Type

9/18/2005 4pm	1075 Stone Harbor Blvd	On-Premise Raffle Draw
9/18/2005 3pm	1075 Stone Harbor Blvd	On-Premise 50/50
12/9/2005 8:30pm	1075 Stone Harbor Blvd	On-Premise Raffle Draw

RESOLUTION NO. 195-05 – LOCAL PUBLIC CONTRACT – LEGAL SERVICES – JAMES PICKERING – SSGC SANITARY SEWER PROJECTS – On motion by Committeemember Leusner seconded by Mayor Doughty 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 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 through completion of the project.

Legal Services – James Pickering – SSGC Sanitary Sewer Projects

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#________________________________________.

RESOLUTION NO. 196-05 – LOCAL PUBLIC CONTRACT – AUDIT SERVICES – FORD SCOTT SEIDENBURG & KENNEDY LLC – SSGC SANITARY SEWER PROJECTS – On motion by Committeemember Leusner seconded by Mayor Doughty 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,

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 through completion of the project.

Audit Services – Ford Scott Seindenburg & Kennedy LLC.– SSGC Sanitary Sewer Projects

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#________________________________________.

RESOLUTION NO. 197-05 – LOCAL PUBLIC CONTRACT – BOND COUNSEL – PARKER MC CAY – SSGC SANITARY SEWER PROJECTS – On motion by Committeemember Leusner seconded by Mayor Doughty 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,

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 through completion of the project.

Bond Counsel – Parker McCay – SSGC Sanitary Sewer Projects

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#________________________________________.

RESOLUTION NO. 198-05 – LOCAL PUBLIC CONTRACT – HATCH MOTT MACDONALD – ENGINEERING SERVICES – SSGC SANITARY SEWER PROJECT – On motion by Committeemember Leusner seconded by and passed on roll call, the following resolution was adopted. Mayor Doughty Abstain

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,

Hatch Mott MacDonald – Engineering Service - SSGC Sanitary Sewer Projects

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#________________________________________.

RESOLUTION NO 199-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – MADONNA SILL – 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 request for paid Family Medical Leave for Madonna Sill from May 23, 2005 through August 8, 2005, utilizing accumulated sick leave, is hereby approved.

RESOLUTION NO 200-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – KATIE – D’ALONZO – 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 request for paid Family Medical Leave for Katie D’Alonzo from July 8, 2005 through September 30, 2005, utilizing accumulated sick leave, is hereby approved.

RESOLUTION NO. 201-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – JEFFREY SADUK – 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 request for paid Family Medical Leave for Jeffrey Saduk effective April 12, 2005, utilizing accumulated sick leave, is hereby approved.

RESOLUTION NO. 202-05 – ACKNOWLEDGEMENT OF RESIGNATIONS – On motion by Mayor Doughty 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

Rachael Chew	Tax Collector	May 10, 2005
Brenda Ruiz	Police Records	May 2, 2005

RESOLUTION NO. 203-05 – AUTHORIZING THE ACCEPTANCE OF A DONATED VEHICLE ON BEHALF OF THE COUNCIL ON THE ARTS PROGRAM – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Novick Chevrolet of Bridgeton New Jersey wishes to donate a 1991 Honda Civic, Vin # JHMEE4864MS003337, to the Council on the Arts Program of Middle Township, and

WHEREAS, the Council plans on utilizing the vehicle towards “Earth Day 2005”.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, acceptance of a donated vehicle from Novick Chevrolet to the Council on the Arts Program for the Township of Middle is hereby authorized.

RESOLUTION NO. 204-05 – LOCAL PUBLIC CONTRACT – MARLOWE AND COMPANY – PUBLIC AFFAIRS CONSULTING SERVICES – On motion by Committeemember Leusner seconded by Mayor Doughty 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,

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 April 18, 2005 through December 31, 2005.

Marlowe and Company – Public Affairs Consulting Services

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#________________________________________.

RESOLUTION NO. 205-05 – LOCAL PUBLIC CONTRACT – MICHAEL J. LANGE – APPRAISAL SERVICES – BLOCK 1040 LOTS 2, 3, 7, 9 AND A PORTION OF ANNA STREET – On motion by Committeemember Leusner seconded by Mayor Doughty 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,

Michael J. Lange – Appraisal Services – Block 1040 Lots 2, 3, 7, 9 and a Portion of Anna Street

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#________________________________________.

RESOLUTION NO. 206-05 – AUTHORIZING MAYOR TO SIGN TREATMENT WORKS APPLICATION – PENNSYLVANIA AVENUE SEWER EXTENSION – On motion by Committeemember Leusner seconded by Mayor Doughty 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.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the 0governing body thereof, that the mayor is hereby authorized to sign treatment works application for the Pennsylvania Avenue Sewer Extension.

PUBLIC COMMENT:

Item No. 1 on Agenda

1(a) Mr. Jim ____ of Kmart presented Township Committee with a donation of $8,000.00 towards a scoreboard located at the Clarence Davies Sports Complex for the football field. He announced that ribbon cutting at the newly renovated Kmart in Rio Grande was held indicating new products and companies such as Craftsman’s Tools and Kenmore Appliance. He stated that it was a pleasure giving back to Middle Township and the community for all their support. Coach Vogelei of the Peewee Football League thanked Kmart.

(b) Rudy Callendar, Volunteers of Medical representative for Middle Township, was presented a donation in the amount of $2,500.00 from Township Committee. Mr. Callendar thanked committee on behalf of the Staff.

(c)Township Committee presented Mr. Robert Long of the Clean Communities Program with a plaque for his retirement and dedication towards the community in which he served. Kathy Meers stated that Mr. Long will be “sorely missed”.

Item No. 10 on Agenda

Mr. Heron of Del Haven along with various other Del Haven / Bayshore Road residents voiced their option regarding the denial to connect to the upcoming city sewer project. Kathy Meers of the Sewer Department, along with Vince Orlando, Township Engineer, explained the 208Waste Water Management Plan and the timely approval process in connection therewith. The outcome was that Kathy was going to continue to forward all concerns and letters of the residents regarding their failing septic systems to the NJ DEP in hopes for a revised plan to include those residents. Kathy to keep in touch with residents.

Committeemember Leusner inquired as to the possibility of reopening the bike path between the 4-h fairgrounds and the Goshen complex during construction of the new ACCC complex.

Vince Orlando stated that he believed that it would not be feasible due to the liabilities involved.

Mayor Doughty commented on the donated car by Novick Auto Center for use at the Earth Day Celebration. Also, thanks to Len, Vilma, and Audubon Society.

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

__________________________________

James Alexis, Clerk