Cape May Court House, NJ

June 6, 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. TROPHY PRESENTATION – 1^ST ANNUAL DRUM FISH TOURNAMENT

2. ORDINANCE NO. 1192-05 – AN ORDINANCE AMENDING SECTION 112, REGULATING DRIVEWAY APRONS AND LOT GRADING IN THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1192-05 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.

3. ORDINANCE NO. 1196-05 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 236-41, SCHEDULE XIII: THEREOF, ENTITLED PARKING PROHIBITED AT ALL TIMES - Following second reading, hearing, and consideration for adoption, Ordinance 1196-05 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.

4. RESOLUTION NO. 259-05 – APPROVING MINUTES FROM THE PREVIOUS MEETING – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the minutes from the Township Committee meeting held May 16, 2005 are hereby approved.

5. RESOLUTION NO. 260-05 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted. Committeemember DeLanzo Abstain

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 $ 17,073.77

Current Acct. $ 1,862,998.96

6. REPORTS: The following departments have submitted their reports for the months indicated: Safety Committee for the month of May; Township Clerk for the month of May; Construction Official for the month of May; Zoning Official for the month of May; Tax Collector for the month of May;

7. RESOLUTION NO. 261-05 – RENEWAL OF ALCOHOLIC BEVERAGE LICENSES – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, certain licensees have filed for renewal of their Alcoholic Beverage License for one (1) year beginning July 1, 2005, and

WHEREAS, the said applications are in due and proper form with the fee of $600.00 for each Plenary Retail Consumption License; $600.00 for each Retail Distribution License; $150.00 for each Club License and no objection filed and all $200.00 State Filing Fees received and forwarded,

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, issue to Cape Hospitality Group LP.; 0506-33-002-005; Rio Station Inc. 0506-33-001-007; Avalon Development & Golf, Inc. 0506-33-005-005;Plenary Retail Consumption License.

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Mattera's Liquor, 0506-44- 003-005 and Acme Markets Inc. 0506-44-013-002; Plenary Retail Distribution License.

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, issue to Wildwood Golf Club Inc., 0506-31-006-002;and Royal Oaks Club Inc.0506-31-011-001; and Jersey Devil Country Club, Inc. 0506-31-008-002 a Club License.

BE IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, does hereby forward to the Division of Alcoholic Beverage Control an application for Atkinson’s Tavern 0506-33-009-007, with no objection, for a Plenary Retail Consumption License.

BE IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by the Clerk if the Township of Middle in accordance with the rules and regulations of the State Department of Alcoholic Beverage Control and appropriate Ordinances of the Township of Middle.

8. RESOLUTION NO. 262-05 – APPOINTMENTS – NEW HIRES – 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, County of Cape May, State of New Jersey, that the following employee are hereby appointed to the following position at the salaries opposite their names:

NAME	TITLE	WAGE	EFF. DATE
Gary Bethune	Seasonal Employee / Recreation Attendant	$9.50ph	05/24/2005
Kevin Carman	Telecommunications Operator Trainee P/T	$10.23ph	05/20/2005

FURTHER RESOLVED, that the following salary shall be amended following their 90 day work period:

NAME	TITLE	WAGE	EFF. DATE
David Lee	Telecommunications Operator Trainee P/T	$13.00ph	05/24/2005

9. RESOLUTION NO. 263-05 – ACKNOWLEDGING CHANGE IN DEPARTMENT THEREFORE AUTHORIZING TITLE CHANGE – 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 following employee is hereby approved to the Title Change opposite their name:

Name	From	To	Title	Eff. Date
Beulah Myers	Finance Dept.	Recreation Dept.	Rec. Attendant	02/03/2003

10. RESOLUTION NO. 264-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – 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 request for Family Medical Leave for the following employees is hereby approved:

Name Department Leave

Beulah Myers	Recreation Dept.	5/12/05 - 08/04/05
Robert Hodges	Public Works Dept.	05/23/05 – 05/31/05 (pending doc. note)
Leroy Jones	Public Works Dept.	05/23/05 – 05/31/05 (pending doc note)

11. RESOLUTION NO. 265-05 – APPROVE REQUEST FOR LEAVE WITH PAY – MILITARY – SGT. JOHN EDWARDS – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Sgt. Edwards was called to Active Military Duty on May 14, 2005, and

WHEREAS, he is being placed on a military absence for a period until May 28, 2005, and

WHEREAS, N.J.S.A. 38A: 4-4 requires Government Entities to pay organized militia on military leave for a period not to exceed ninety (90) workdays (see attached Statute).

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 Sgt. John Edwards be granted Military Leave for a period of ninety (90) workdays with pay and the balance of leave to be unpaid until the following calendar year.

12. RESOLUTION NO. 266-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – RICHARD SITTINERI – 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 Family Medical Leave for Richard Sittineri has ended and authorization for return to work on May 16, 2005 has been approved.

13. RESOLUTION NO. 267-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – JEFFREY SADUK – 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 Family Medical Leave for Jeffrey Saduk has ended and authorization for return to work on May 25, 2005 has been approved.

14. RESOLUTION NO. 268-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – LEROY JONES – 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 Family Medical Leave for Leroy Jones has ended and authorization for return to work on June 1, 2005 has been approved.

15. RESOLUTION NO. 269-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – ROBERT HODGES – 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 Family Medical Leave for Robert Hodges has ended and authorization for return to work on June 3, 2005 has been approved.

16. RESOLUTION NO. 270-05 – AUTHORIZING RIO GRANDE VOLUNTEER FIRE COMPANY TO SOLICIT FUNDS IN THE ROADWAYS OF THE TOWNSHIP OF MIDDLE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

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

WHEREAS, Rio Grande Volunteer Fire Company has submitted an application to the Municipal Clerk dated May 19, 2005, and

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

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

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

17. RESOLUTION NO. 271-05 – RELEASE OF PERFORMANCE BOND – STREET OPENING – PLEASANT VALLEY BUILDERS LLC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $5,000.00 is being held as a performance guarantee for Pleasant Valley Builders LLC. for the street opening located at 10^th Street, Del Haven, and

WHEREAS, the Township Road Superintendent 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.

18. RESOLUTION NO. 272-05 – RELEASE OF PERFORMANCE BOND – STREET OPENING – GARDEN STATE DREDGING INC. / GOODROW – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $5,000.00 is being held as a performance guarantee for Garden State Dredging Inc. / Goodrow for the street opening located at North 9^th Street, Del Haven, and

WHEREAS, the Township Road Superintendent 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.

19. RESOLUTION NO. 273-05 – RELEASE OF PERFORMANCE BOND – STREET OPENING – SUNDANCE HOMES / MITCHELL NICHOLS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $5,000.00 is being held as a performance guarantee for Sundance Homes / Mitchell Nichols for the street opening located at 21 Rutledge Ave, Del Haven, and

WHEREAS, the Township Road Superintendent 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.

20. RESOLUTION NO. 274-05 – AUTHORIZATION TO HOLD OUTDOOR EVENT – STARN’S VILLAGE MARKET, INC. aka RIO GRANDE SHOPRITE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Starn’s Village Markets, Inc. aka Rio Grande Shop Rite has requested permission to hold an outdoor event on June 4, 2005; and

WHEREAS, this outdoor event will include a barbeque, pony rides, moon bounce and face painting for the children; and

WHEREAS, the Rio Grande Fire Department will be displaying their fire truck; so

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, and State of New Jersey, that Starn’s Village Markets, Inc. aka Rio Grande Shop Rite is hereby authorized to hold this outdoor event on the date indicated above.

FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to the Construction Official, Zoning Official, and Chief of Police for their records.

21. RESOLUTION NO. 275-05 – APPOINTMENT – COUNCIL ON THE ARTS – SECRETARY – 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 person be and are hereby appointed to the Middle Township Council on the Arts as secretary for the term of office opposite their name:

NAME	TERM AFFECTIVE	TERM EXPIRES	SALARY
Elaine Gregory	06/06/2005	12/31/2005	$850.00

22. RESOLUTION NO. 276-05 – APPROVE TRANSIENT MERCHANT PERMIT – RIO GRANDE VOLUNTEER FIRE DEPARTMENT / COLE BROS. CIRCUS INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Chapter 231-1 of the code of the Township of Middle authorizes the licensing of a traveling show or circus within the confines of the Township of Middle, and

WHEREAS, Rio Grande Volunteer Fire Department, Sponsor of Cole Bros. Circus Inc., has applied to the Township of Middle to hold a Tented Circus on August 9^th and 30^th, 2005, and

WHEREAS, by way of application, Rio Grande Volunteer Fire Department and/or Cole Bros. Circus Inc. has requested the use of the former Fort Apache Campground, now Township owned property, and

WHEREAS, they have met all of the application requirements by supplying the necessary fees and insurance certificate information, and

WHEREAS, Rio Grande Volunteer Fire Company has been designated as the sponsor for said circus and described on the submitted “Hold Harmless Agreement” presented by Cole Bros. Circus Inc.

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 Cole Bros. Circus Inc. to hold a circus at the location of the Former Fort Apache Campground on August 9^th and 30^th, 2005 in compliance with the rules and regulations set forth by the Code of the Township of Middle.

23. RESOLUTION NO. 277-05 – 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.

24. RESOLUTION NO. 278-05 – AUTHORIZING TRANSFER OF REAL PROPERTY TO NATURE CONSERVANCY – On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle shall donate to The Nature Conservancy, a non- profit corporation organized and existing under the laws of the District of Columbia, real property located in the Township of Middle, County of Cape May, and State of New Jersey as shown on the Official Tax Map of the Township of Middle, a list of which is attached hereto and made part hereof.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, hereby will execute the appropriate deeds conveying these properties to the Nature Conservancy.

BE IT FURTHER RESOLVED that the appropriate Township Officials are hereby authorized to execute the deeds.

25. RESOLUTION NO. 279-05 – ACKNOWLEDGEMENT OF RESIGNATION – 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 resignation listed below is acknowledged.

EMPLOYEE DEPARTMENT EFFECTIVE

Ryan Hulme	Sewer Department	June 3, 2005
Laura Frontz	PS Telecommunications Operator Trainee	May 25, 2005

26. RESOLUTION NO. 280-05 – REJECT BIDS – FIXED MOUNTED SECURITY CAMERA EQUIPMENT AND ACCESSORIES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, following public advertisement, bids for Fixed Mounted Security Camera Equipment and Accessories were received by the Township of Middle on Tuesday, May 24, 2005 at 11am at the Township Hall, and

WHEREAS, five bids were received, and

WHEREAS, the bids exceed the budgeted amount for this project, and

WHEREAS, it appears to be in the best interest of the Township to reject the bids.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle that the bids for a Fixed Mounted Security Camera Equipment and Accessories shall be and is hereby rejected.

27. RESOLUTION NO. 281-05 – AUTHORIZING REQUEST FOR PROPOSALS FOR FIXED MOUNTED SECURITY CAMERA EQUIPMENT AND ACCESSORIES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle will accept responses for Request for Proposals until 10:00 a.m. on July 7, 2005, at which time the Chief Financial Officer, Clerk/Business Administrator, Deputy Township Clerk and Police Captain will be responsible for tabulating and opening the Request for Proposals.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that request for proposals for Fixed Mounted Security Camera Equipment and Accessories is hereby authorized.

28. RESOLUTION NO. 282-05 – REDUCTION OF PERFORMANCE BOND – FRANK KACEREK – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $150,518.00 is being held as a performance guarantee of Frank Kacerek for site improvements at Block 355.02, Lot 26.01, also known as Oyster Road & Shunpike, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $65,526.40 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $84,991.60.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond at Commerce Bank be and is hereby reduced to $84,991.60.

29. RESOLUTION NO. 283-05 – ACCEPTING SETTLEMENT AGREEMENT BETWEEN C. ABBONIZIO CONTRACTORS INC. AND THE TOWNSHIP OF MIDDLE – ROUTE 47 SECTION 1C PROJECT –SANITARY SEWER REPLACEMENT – 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, in consideration of the mutual covenants addressed in the settlement agreement and mutual release that all parties hereby release and give up any and all claims and rights, which they might have against the other, relating to the Route 47, Section IC Project in the Township of Middle in connection with the sanitary sewer replacement. An executed copy of the Settlement Agreement and Mutual Release is hereby attached as part of this Resolution.

30. RESOLUTION NO. 284-05 – RELEASE OF PERFORMANCE BOND – RONALD ROWAN / DOMINIC FULGINITI – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, $3,350.47 + Additional Interest is being held as a Performance Guarantee for Ronald Rowan and Dominic Fulginiti for site plan improvements at Block 336, Lot 1.01, 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 82498 with Commerce Bank in the name of Ronald Rowan / Dominic Fulginiti be and is hereby released.

31. RESOLUTION NO. 285-05 – APPROVAL OF ADDITIONAL VEHICLES – TAXI CAB LICENSE NO. 1 – OFFSHORE TAXI – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the following Company has applied to the Township of Middle for a license to operate a Taxicab within the confines of the Township of Middle under Chapter 226 of the Code of the Township of Middle, and

WHEREAS, the company now wishes to add additional vehicles under said license, and

WHEREAS, this company is in good standing with the Township of Middle and has followed all of the rules and regulations as set forth.

NOW, THEREFORE BE IT RESOLVED, that each of the following vehicles is hereby approved to be added as follows:

License#	Vehicle #	Tradename	VIN Number	Taxi Make/ Model	Fee
1	3	Offshore Taxi Company	5 1LCM81FOLY820048	1990 Lincoln Continental	N/A

FURTHER RESOLVED, that any license issued pursuant to the terms in accordance with the Code of the Township of Middle shall expire midnight of the 31^st day of December of the year in which is issued unless sooner surrendered, suspended or revoked.

32. RESOLUTION NO. 286-05 – AUTHORIZE PRE-APPLICATION – INNOVATIVE DEVELOPMENT – DEPARTMENT OF COMMUNITY AFFAIRS – 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 is herby granted to apply to the Department of Community Affairs, for a 2005 Innovative Development Fund for a Whitesboro Edgewood Sewer Lateral Assistance Grant.

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

33. RESOLUTION NO. 287-05 – AUTHORIZE ADOPTION OF HOUSING REHABILITATION LOAN PROGRAM POLICY MANUAL – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is herby granted to adopt said manual in connection with the Housing Rehabilitation Program for the Township of Middle.

34. RESOLUTION NO. 288-05 – AUTHORIZING MAYOR TO SIGN TREATMENT WORKS APPLICATION FOR SEWER EXTENSION – ATLANTIC CAPE COMMUNITY COLLEGE – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Statements of Consent by Governing Body and Certification by Wastewater Conveyance System Owner are a portion of the documents that this resolution authorizes the mayor to sign on behalf of the governing body of the Township of Middle.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the mayor is hereby authorized to sign treatment works application for a sewer extension for the Atlantic Cape Community College.

35. ORDINANCE NO. 1197-05 – AN ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE - On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, Ordinance No 1197-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 07/18/2005 at 6:00 p.m.

36. ORDINANCE NO. 1198-05 – AN ORDINANCE AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE TOWNSHIP OF MIDDLE - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1198-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 07/18/2004 at 6:00 p.m.

37. RESOLUTION NO. 289-05 – LOCAL PUBLIC CONTRACT – VARGO ASSOCIATES – SURVEYING SERVICES – CONTRACT NO. 2 / CAPITAL IMPROVEMENT PROGRAM – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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

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

NOW THEREFORE BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the following person is hereby appointed to the position designated below for the period beginning on June 6, 2005 through completion.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services for the period from June 6, 2005 through completion of the project.

Vargo Associates – Surveying Services – Contract No. 2 / Capital Improvement Program

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.

38. RESOLUTION NO. 290-05 – SOCIAL AFFAIRS PERMIT – RIO GRANDE VOLUNTEER FIRE COMPANY – COMEDY SHOW – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, The Rio Grande Volunteer Fire Company has applied for approval to sell alcoholic beverages at a Comedy Show to be held at Rio Grande Fire Hall, 1120 Rte 47, Rio Grande, on July 9, 2005 from 7:00 p.m. to 11:00 p.m., 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.

39. RESOLUTION NO. 291-05 – AUTHORIZE MAYOR TO SIGN NJDEP LAND USE REGULATION PROGRAM APPLICATION FORM / FORT APACHE RECREATION COMPLEX – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, in order to install a stormwater outfall on the site known as “Fort Apache Recreation Complex” it has been deemed necessary to complete and submit a NJDEP Land Use Regulation Program Application Form (Wetlands Statewide General Permit), and

WHEREAS, the cost for the application fee made payable to the State of New Jersey “Treasurer” shall be $500.00.

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

40. RESOLUTION NO. 292-05 – AUTHORIZE MAYOR TO SIGN SOIL EROSION AND SEDIMENT CONTROL PLAN CERTIFICATE / FORT APACHE RECREATION COMPLEX – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, in order to begin Phase I of the Fort Apache Recreational Complex the Township of Middle must submit various applications regarding soil erosion and disturbance, and

WHEREAS, the cost for the application fee made payable to the State of New Jersey “Treasurer” shall be $300.00 as well as a payment in the amount of $1,660.00 to the Cape Atlantic Conservation District.

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

41. PUBLIC COMMENT:

Committeemember Leusner presented Clerk / Administrator Mr. Alexis with a Certificate of Appreciation aka “Honor Roll” from General Code Publishers for his dedication to the Township of Middle.

Committeemember DeLanzo commented on Summer Camp and American Legion Baseball at the Recreation Center this August.

Vince Orlando stated that the 2004 Capital Improvement Project is underway with the beginning of the surveying process, as approved tonight with a resolution authorizing Vargo Associates. The deadline is scheduled for the first week in July.

Mayor Doughty informed the public of the 1^st Annual Sons of Italy Cape May Court House Charter Club Division parade scheduled for Columbus Day.

Sam Kelly – reiterated his views on the over development in our county and asked Township Committee to try and stay in control and on top of the building so that our children’s children have somewhere to grow up in Middle Township.

Vilma Pombo asked as to the status of the cross acceptance and redevelopment plan.

Vince Orlando – stated that there is a meeting scheduled for the end of the month with the consultant regarding cross acceptance.

J. Alexis – stated that the tax maps have not been approved by the Division of Taxation as of yet. The Township cannot proceed without there approval.

V. Pombo – inquired as to whether there was a problem …

Vince Orlando – stated that the last night the maps where updated where in the 50’s and they are in dire need for an overhaul by Van Note Harvey. We are looking at 250 pages of map.

V. Pombo stated that she was under the impression that Harbor Bay was supposed to put in trees of a larger caliber such as 12 foot trees?!?!

V. Orlando – they are added trees of a larger caliber .. they are putting in 3 ½ - 4 inch trees which are the largest tree size you can transport in order for them to live.

Melvin Williams reiterated the following concerns:

1. Van on the corner of Main Street and Rte 9 in Whitesboro. Feels it should be moved. “It disfigures the community”

2. Upset with the fact that “his people” do not utilize the baseball fields at the King Center

3. He knows that there are lights on both end of Raleigh Street but also wants them in the very middle.

4. Would like “Children at Play” signs on Reading and George Streets

Brenda Harrison stated that she feels that Middle Township should look into housing for single parents and or low income housing instead of motels for those on welfare. She also endorses Mr. Kelly’s feelings on over development.

Mayor Doughty informed the public that the Freeholders would be holding a conference on Thursday at the Moore Rd office regarding the parkway tolls.

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

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James Alexis, Clerk