Cape May Court House, NJ

March 7, 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.

PRESENTATION – CAPE EXPRESS SOCCER ORGANIZATION

Representatives from the Cape Express Soccer Organization thanked Township Committee for the use of the Clarence Davies Sports Complex and informed them that they have received multiple complements on the fields. They presented Committee with a Check in the amount of $3,000.00 towards the upkeep and maintenance of the field.

PRESENTATION – PAUL MIOLA, EXECUTIVE DIRECTOR ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND AND MICHAEL MC LAUGHLIN, RISK CONSULTANT NATIONAL ASSOCIATES; ANNUAL UPDATE

PRESENTATION – LT. TEASENFITZ AND PTL. HAMER – NATIONAL NIGHT OUT AWARDS – Ptl Hamer informed the public and Committee that the Middle Township Police Department has held National Night Out for the past 15 years or so on the 2^nd Tuesday in August and it has been a great success. The Police Department wanted to recognize multiple businesses in the area who have contributed to the event:

Donna Rocap for Comcast

Dave ____ of the 76ers

Committeemember DeLanzo thanked the businesses for the assistance and the Police Department for a great event for all.

Committeemember Leusner – thank you – it has become one of the best National Night’s Out in the area!

Mayor Doughty – thank you

RESOLUTION NO 103-05 – APPOINTMENT – PLANNING BOARD MEMBER – 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 person be and are hereby appointed to the Middle Township Planning Board as a second alternate member for the term of office opposite their name:

NAME	POSITION	TERM AFFECTIVE	TERM EXPIRES
Ed Baskins	Planning Brd Alt. Member #2	03/07/2005	12/31/2006

ACKNOWLEDGEMENT OF RESIGNATION AND APPOINTMENT – ELIZABETH CUNNINGHAM / MICHAEL CHERVENAK; MAC COORDINATOR

ORDINANCE NO. 1182-05 – ESTABLISHING FEES FOR SPECIAL SERVICE CHARGES AND SPECIAL CHARGES UNDER THE NEW JERSEY OPEN PUBLIC RECORDS LAW - Following second reading, hearing, and consideration for adoption, Ordinance 1182-05 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1183-05 - AMENDING THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 204, SEWERS, ARTICLE II, SECTION 15, SUBSECTION D (APPLICATION, REVIEW, INSPECTION AND CONNECTION FEES) - Following second reading, hearing, and consideration for adoption, Ordinance 1183-05 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1184-05 - AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER § 46 SECTION 46-1 THEREOF, ENTITLED POLICE DEPARTMENT, ESTABLISHMENT AND ORGANIZATION - Following second reading, hearing, and consideration for adoption, Ordinance 1184-05 was adopted on motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1185-05 - ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK, CALENDAR YEAR 2005 (N.J.S.A. 40A: 4-45.14) - Following second reading, hearing, and consideration for adoption, Ordinance 1185-05 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

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” - On motion by Mayor Doughty seconded by Committeemember Leusner and passed on roll call, Ordinance No 1186-04 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/4/2005 at 6:00 p.m.

ORDINANCE NO. 1187-05 – 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 Committeemember DeLanzo and passed on roll call, Ordinance No 1187-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/04/2005 at 6:00 p.m.

RESOLUTION NO. 104-05 – 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 February 7, 2005 are hereby approved.

RESOLUTION NO. 105-05 – 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 $ 8,076.54

Current Acct. $ 1,906,803.76

PUBLIC HEARING ON 2005 MUNICIPAL BUDGET:

Auditor Glenn Ortman broke down the 2005 Municipal Budget including the below referenced amendment. He stated that the average home assessed at $100,000.00 would pay $35.00 more in property tax in 2005 then 2004.

There was no comment from the public.

RESOLUTION NO. 106-05 – AMENDING 2005 BUDGET – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the local municipal budget for the year 2005 was approved on the 7th day of February, 2005, and
WHEREAS, the public hearing on said budget has been held as advertised, and
WHEREAS, it is desired to amend said approved budget.
NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May
that the following amendments to the approved budget, on the page annexed hereto, be made: BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director Of Local Government Services for certification of the local budget so amended.

RESOLUTION NO. 107-05 – SELF-EXAMINATION OF BUDGET – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to

adopt rules that permit municipalities in sound fiscal condition to assume the

responsibility, normally granted to the Director of the Division of Local Government

Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Middle has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2005 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Middle that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges

b. Deferred charges and statutory expenditures

c. Cash deficit of preceding year

d. Reserve for uncollected taxes

e. Other reserves and non-disbursement items

f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate and correctly stated,

b. Items of appropriation are properly set forth

c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality.

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

CERTIFICATION OF APPROVED BUDGET

It is hereby certified that the Approved Budget complies with the requirements of law and approval is given pursuant to N.J.S.A. 40A:4-78(b) and N.J.A.C. 5:30-7.

It is further certified that the municipality has met the eligibility requirements of N.J.A.C. 5:30-7.4 and 7.5, and that I as Chief Financial Officer, have completed the local examination in compliance with N.J.A.C. 5:30-7.6.

Dated___________________________

By:______________________________________

Chief Financial Officer

RESOLUTION NO. 108-05 – ADOPT 2005 MUNICIPAL BUDGET – 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 it is hereby declared that the Local Budget of the Township of Middle for the year 2005 was introduced and approved at a regular meeting of the Township Committee held on February 7, 2005 and was thereafter advertised in the Herald-Times in its issue on February 16, 2005 which advertisement contained a notice of the date, time and place of the public hearing, and that at least one week prior to public hearing a complete copy of the approved budget as advertised was posted in the Middle Township Hall and made available to each person requesting the same during said week, and that sufficient copies of same are available for each person requesting the same at the scheduled public hearing.

BE IT FURTHER RESOLVED, that the Local Budget of the Township for the year 2005 was hereby read by title only, and had public hearing on March 7, 2005.

FURTHER RESOLVED, that the Summary of Appropriations be made part of this resolution for the adoption of the budget for the year 2005, and

FURTHER RESOLVED, that the Local Budget of the Township of Middle for the year 2005 is hereby adopted with amendment.

REPORTS: The following offices have submitted their reports for the months indicated; Treasure’s Department for the month of January; Municipal Court for the month of January; Construction Official for the month of February; Zoning Officer of the month of February; Municipal Clerk for the month of February; Tax Collector for the month of February;

RESOLUTION NO. 109-05 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

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

EMPLOYEE DEPARTMENT EFFECTIVE

Tina Marie Camp

Facilities and Maintenance

February 18, 2005

RESOLUTION NO. 110-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – RAYMOND SCOTT KLECZ – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, that the request for medical leave for Raymond Scott Klecz from February 23, 2005 through April 2005, pending doctor’s note, is hereby approved.

RESOLUTION NO. 111-05 – RENEWAL – TOWING LICENSES 2005 – On motion by Committeemember Leusner 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:

License#	Truck#	Tradename	License Plate Number	Truck Make/ Model	Fee	Sticker Fee Paid
2	1	Auto Tow	X68L88	1992 Ford F450	$350.00	$25.00
2	2	Auto Tow	X1137F	1994 Ford Rollback	$0.00	$25.00
3	1	Rio Auto Body	X96-B96	1995 Ford F350	$350.00	$25.00
3	2	Rio Auto Body	XDA37A	2004 Int	$0.00	$25.00
4	1	Court House Towing	X7963L	2000 Ford F550	$0.00	$25.00
4	2	Court House Towing	X30-D61	1997 International 4700	$0.00	$25.00
4	3	Court House Towing	X1063F	1996 International 4700	$0.00	$25.00
4	4	Court House Towing	X95X20	1995 GMC 3500 HD	$350.00	$25.00
5	1	Gary Farrow	X68J24	2000 Ford	$350.00	$25.00
5	2	Gary Farrow	X20-B53	1994 3500HD	$0.00	$25.00
6	1	C & B Auto Body	X5029J	1979 C30 Wrecker winch	$0.00	$25.00
6	2	C & B Auto Body	XA510D	1994 Int. 4600 Rollback w/ wheellift	$350.00	$25.00
7	2	HiTech Auto & Truck Service Center	X59-27N	1994 Ford F450	$0.00	$25.00
7	3	HiTech Auto & Truck Service Center	X1687X	1990 Ford F450	$350.00	$25.00

RESOLUTION NO. 112-05 – APPROVE APPLICATION FOR RAFFLE LICENSE – COALITION AGAINST RAPE AND ABUSE, INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, CARA has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, 800 S. Main Street, Cape May Court House, 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 application and fee have been received.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night May 2, 2005 at the location of 800 S. Main Street, Cape May Court House, NJ 08210 to be held at 10am is hereby approved.

RESOLUTION NO. 113-05 – APPROVE APPLICATION FOR RAFFLE LICENSE – BISHOP MCHUGH REGIONAL CATHOLIC SCHOOL PTA – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Bishop McHugh Regional Catholic School PTA has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at, 1765 Rte 9, Swainton, NJ 08210, aka Sand Barrens Golf Course 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 application and fee have been received.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Raffle Night May 25, 2005 at the location of 1765 Rte 9, Swainton, NJ 08210 to be held at 8:00pm is hereby approved.

RESOLUTION NO. 114-05 – AUTHORIZING MAYOR TO SIGN TREATMENT WORKS APPLICATION – SEABOARD VILLAGE – 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 the Seaboard village Sanitary Sewer System aka Block 1432 Lot 6.01 and 8.02.

RESOLUTION NO. 115-05 – RELEASE OF PERFORMANCE BOND – DR. JAMES FARRELL – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $20,888.40 is being held as a Performance Guarantee for Dr. James Farrell for site plan improvements at Block 12.01, Lot 66.01, also known as 1547 Rte 9 North, Swainton, 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 the Cash Bond, Account No. 72000 82908 at Commerce Bank in the name of Dr. James Farrell be and is hereby released in the amount of $21,005.47 (original amount plus interest accrued in the amount of $117.07).

RESOLUTION NO. 116-05 – APPOINTMENTS – NEW HIRE – TELECOMMUNICATIONS OPERATOR P/T – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

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

NAME	TITLE	SALARY	EFF. DATE
David Lee	Telecomm. Operator P/T	10.23 per hr	02/24/2005

RESOLUTION NO. 117-05 – AMENDING APPOINTMENTS – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

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

NAME	TITLE	SALARY	EFF. DATE
William Mulligan	Telecomm Operator P/T	$10.23 per hr	02/04/2005
Nancy Condran	Telecomm Operator F/T	$23,681.00	02/04/2005

RESOLUTION NO.’S 118-05, 119-05 – REFUND OF 2005 TAXES (ITEMS A THROUGH B) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

(118-05) Refund due to overpayment by Mortgage Company

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

17319

164.01

15.09

Panzini, Matthew & Angela

Property Location: 21 Pine Ridge Rd

1,292.90

4490

226.04

Geraci, James C

Property Location: 7 Mount Vernon Ave

691.67

REFUND PAYABLE TO:

Wells Fargo Real Estate Tax Service

1 Home Campus

Des Moines, IA 50328-0001

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.

(119-05) Refund due to overpayment by Mortgage Company

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

17189

356.02

Kapp, Erika & Erica M

Property Location: 10 Cedar Meadow Drive

4485.57

REFUND PAYABLE TO:

Land America Tax & Flood Services

Central Refunds

4910 Rivergrade Rd Bdg 550 3^rd Fl

Irwindale, CA 91706

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. 120-05 – CANCELING OUTSTANDING CHECKS – PUBLIC ASSISTANCE PETTY CASH FUND – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, there are certain checks that have been outstanding in the Middle Township Public Assistance Petty Cash Fund Account for a period of more than 90 days, and

WHEREAS, it is the desire of the Township Treasurer to return these funds to the Middle Township Public Assistance Petty Cash Fund Account effective 12/31/04.

NOW THEREFORE BE IT RESOLVED by the Township Committee, the Governing Body of the Township of Middle, County of Cape May, State of New Jersey that the following checks be and hereby are canceled and will be returned to the Public Assistance Petty Cash Fund Account of the Township of Middle.

Public Assistance Petty Cash Fund

1377		102.00
1379		93.00
1393