May 2, 2005

Cape May Court House, NJ

May 2, 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 Dawn Stimmel, Attorney Pickering, and Engineer Joe Maffei. Kimberly Tomkinson and Vincent Orlando were absent.

1. ORDINANCE NO. 1192-05 – AN ORDINANCE REGULATING LOT GRADING AND DRIVEWAY GRADING IN THE TOWNSHIP OF MIDDLE - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1192-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/06/05 at 6:00 p.m.

2. 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 - Following second reading, hearing, and consideration for adoption, Ordinance 1194-05 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.

3. 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 - Following second reading, hearing, and consideration for adoption, Ordinance 1195-03 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.

4. 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 - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1196-05 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/06/05 at 6:00 p.m.

5. RESOLUTION NO. 207-05 – 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 $ 3,921.72

Current Acct . $ 2,695,238.46

6. RESOLUTION NO. 208-05 – 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 April 18, 2005 are hereby approved.

7. REPORTS: The following offices have submitted their reports for the months indicated below: Construction Official for the month of April;

8. RESOLUTION NO. 209-05 – LOCAL FINANCE BOARD – ANNUAL AUDIT OF BOOKS, ACCOUNTS & TRANSACTIONS – 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:5-4 requires that governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, The Annual Report of Audit for the year 2004 has been filed by a Registered Municipal Accountant with the Township Committee and also James Alexis, Township Clerk, as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body, and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34, and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations

and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

General Comments

Recommendations

As evidenced by the group affidavit form of the governing body, and

WHEREAS, such resolution of certification shall be adopted by the governing body no further than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed o the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject he members of the local governing body to the penalty provisions of R.S. 52:27BB-52 – to wit:

R.S. 52:27BB-52 – “ A local officer of member of a local governing body

who, after a date fixed for compliance, fails or refuses to obey an order of

the director (Director of Government Services), under the provisions of

this Article, shall be guilty of a misdemeanor and, upon conviction, may be

fined not more than One Thousand Dollars( $1,000.00) or imprisoned for

not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance.

9. RESOLUTION NO. 210-05 – ACCEPTING CORRECTIVE ACTION PLAN – AUDIT 2004 – 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 following is hereby accepted as the Corrective Action Plan for the 2004 Audit for the Township of Middle:

Finding #1:

a. Description: An audit of budgetary expenditures found the Township over expended current fund line items by $17,238.32 and a sewer fund line item by $3,367.03.

b. Analysis: The Township has to appropriate these over expenditures in the 2005 municipal budget.

c. Corrective Action: That no commitment be made or liability incurred unless there is a sufficient balance available in a proper appropriation.

d. Implementation Date: May 2, 2005.

Finding #2:

a. Description: The Township does not analyze all trust fund balances on a periodic basis. As a result, there are funds in trust that cannot be identified. In addition, the Township uses the trust funds for receipts and disbursements not authorized as dedications by rider in accordance with N.J.S. 40A:4-39.

b. Analysis: The Township is not in compliance with N.J.S. 40A:4-39 and there are unidentified balances in the Township’s Trust Funds.

c. Corrective Action: That the Township implement procedures to periodically reconcile detail trust fund balances to the trust amounts in the bank and that all trusts have a dedication by rider in accordance with N.J.S. 40A:4-39.

d. Implementation Date: May 2, 2005.

Finding #3:

a. Description: Deposits were not always made within 48 hours of receipt for receipts of dog licenses.

b. Analysis: The Township was not in compliance with N.J.S.A. 40A:5-15 which outlines deposit requirements for funds received by local units.

c. Corrective Action: That all moneys received by the Township be deposited within 48 hours as required by N.J.S.A. 40A:5-15

d. Implementation Date: May 2, 2005.

Finding #4:

a. Description: The Construction Code Official does not prepare formal monthly bank reconciliations.

b. Analysis: Internal controls over cash are being compromised by not reconciling the bank account.

c. Corrective Action: That a monthly bank account reconciliation be prepared for the Construction Code Official account.

d. Implementation Date: May 2, 2005.

Finding #5:

a. Description: Audit of permit fees charged by the Construction Code Office found a number of instances where the permit fee charged did not agree with fees established by the Uniform Construction Code.

b. Analysis: These were both overcharges and undercharges of permit fees.

c. Corrective Action: That more care be taken when calculating permit fees in accordance with the Uniform Construction Code.

d. Implementation Date: May 2, 2005.

Finding #6:

a. Description: The Sewer Department is not charging the correct penalty on delinquent accounts as specified in the Township Code book.

b. Analysis: The rate charged is inconsistent with the Township code causing undercharging of delinquent penalties.

c. Corrective Action: That the sewer department charge penalties on delinquent accounts in accordance with the Township code.

d. Implementation: May 2, 2005, Introduction of Ordinance Amendment.

Finding #7:

a. Description: A review of the Housing Rehabilitation Program applications found that a number of applications for assistance that were incomplete and did not provide the required information nor did they meet the emergency criteria established by program guidelines.

b. Analysis: Inconsistent application of program guidelines during the year.

c. Corrective Action: That the Township consistently apply Housing Rehabilitation guidelines when reviewing applications for assistance.

d. Implementation Date: May 2, 2005.

Finding #8

a. Description: The amount of income recorded as collected by the Recreation Department did not agree with the amounts deposited and recorded in the dedicated recreation trust fund by the Chief Financial Officer.

b. Analysis: Discrepancies exist between the two sets of records that are unresolved.

c. Corrective Action: That internal procedures be implemented by the Township to periodically reconcile dedicated recreation turnovers to the Department’s detail cash receipts ledger.

e. Implementation Date: May 2, 2005

Finding #9:

a. Description: A review of the grant expenditures for the Small Cities Grant for Whitesboro Water – Phase 2 found mis-postings of consultants’ fees to the current fund and the Phase 1 project amounting to $8,400.00 Also found were incorrect postings of Engineer’s fees between the USDA Rural Development Administration Grants amounting to $25,226.41.

b. Analysis: The amounts recorded, as expenditures in the Township’s capital account ledgers do not reflect the correct amounts. These errors were corrected in the financial statements.

c. Corrective Action: That more care be taken when posting purchase orders and expenditures related to grants and capital projects.

d. Implementation Date: May 2, 2005.

FURTHER BE IT RESOLVED, that a copy of this Resolution be forwarded to the Department of Community Affairs Division of Local Government Services.

10. RESOLUTION NO. 211-05 – AMENDING LOCAL PUBLIC CONTRACT – ENGINEERING SERVICES – HATCH MOTT MACDONALD (PREVIOUSLY KILLAM ASSOCIATES) – GREEN CREEK SEWER PROJECT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Mayor Doughty Abstained.

WHEREAS, on November 1, 1999 the above referenced contract was approved by Township Committee for said services for the Green Creek Sewer Project (otherwise known as Resolution 290-99), and

WHEREAS, on February 2, 2004 an amendment was require for said agreement for engineering services to compensate the engineer for additional services performed to date regarding the Water Quality Management Plan for the Green Creek area and additional work performed in obtaining permits from the NJDEP (otherwise known as Resolution 52-04), and

WHEREAS, further amendment is required to compensate the engineer for additional services to be performed to complete the inspection of the installation of sewers, force mains, and pump station, and

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.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with the following person to supply professional services until the completion of said project.

Engineering Services – Hatch Mott MacDonald (previously Killam Associates) – Green Creek Sewer Project

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 $ not to exceed $35,000.00 has been bid for the following service or items engineering services. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:

c-08-55-951-000-101

PO# 2051440

11. RESOLUTION NO. 212-05 – INSERTION OF A SPECIAL ITEM OF REVENUE – PUBLIC AREA RECYCLING GRANT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

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

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

NOW THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, hereby requests the director of Local Government Services to approve the insertion of additional items of revenue in the budget of the year 2005 in the sum of:

Public Area Recycling Grant -- FY 2005 -- $2,400.00

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

Public Area Recycling Grant -- FY 2005 -- $2,400.00

12. RESOLUTION NO. 213-05 – APPROVE RETURN FROM LEAVE OF ABSENCE – KATHALEEN NUNLIST – 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 Leave Of Absence for Kathaleen Nunlist has ended and authorization for return to work on April 18, 2005 has been approved.

13. RESOLUTION NO. 214-05 – TITLE CHANGE – RICK CEGLARSKI – PUBLIC WORKS INSPECTOR – 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	Title	Eff. Date
Richard Ceglarski	Public Works Inspector	6/11/2003

14. RESOLUTION NO. 215-05 – APPROVE REQUEST FOR FAMILY MEDICAL LEAVE – TRACEY TAVERNER – 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 Tracey Taverner from April 21, 2005 through May 11, 2005, utilizing accumulated vacation and sick time, for the majority of the leave, is hereby approved.

15. RESOLUTION NO. 216-05 – APPROVE RETURN FROM FAMILY MEDICAL LEAVE – 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 Family Leave for Scott Klecz has ended and authorization for return to work on April 20, 2005 has been approved.

16. RESOLUTION NO. 217-05 – AUTHORIZING MAYOR TO SIGN CANCELLATION OF MORTGAGE HOUSING REHAB – RAYMOND SCHERER – 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 Mortgage of Raymond Scherer is hereby canceled.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Cancellation of Mortgage.

17. RESOLUTION NO. 218-05 – APPROVAL FOR PAYMENT ACCUMULATED TIME – JENNIFER TEASENFITZ – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Jennifer Teasenfitz has transferred from Full Time to Part Time effective March 28, 2005, and

WHEREAS, employees whom transfer employee status from Full Time to Part Time are therefore entitled to receive compensation for previously accumulated time, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Treasure’s Department has certified that time,

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 payment be issued to the employee in the amount referenced below.

Jennifer Teasenfitz

2004 Time

Vac 37hrs

Hol 54 hrs

Comp 12 hrs

2005 Time

Vac 34 hrs

Hol 72 hrs

Per 9 hrs

TOTAL 218 Hrs @ $12.1692 ph

Balance Due $2,652.89

I certify that the above figures are a true accounting of this time and that sufficient backup documentation is available for inspection.

________________________________ May 2, 2005

Tracey DeVico Taverner, CFO

18. RESOLUTION NO. 219-05 – APPROVAL FOR PAYMENT ACCUMULATED TIME – ROBERT LONG – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Robert Long has submitted his resignation with an effective date of April 30, 2005, and

WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, and personal time, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Treasure’s Department has certified that time,

Robert Long

2 Personal Day $155.04

Balance Due $155.04

I certify that the above figures are a true accounting of this time and that sufficient backup documentation is available for inspection.

________________________________ May 2, 2005

Tracey DeVico Taverner, CFO

19. RESOLUTION NO. 220-05 – LOCAL PUBLIC CONTRACT – SAGEM MORPHO INC. – FINGERPRINTING EQUIPMENT MAINTENANCE SERVICES – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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,

SAGEM MORPHO INC. – FINGERPRINTING EQUIPMENT MAINTENANCE 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.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 4375.00 has been bid for the following service or items maintenance agreement. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 5-01-31-462-462-299.

PO# 2051441.

_________________________________________

Tracey DeVico Taverner, CFO

20. RESOLUTION NO. 221-05 – APPOINTMENT – NEW HIRES – 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
Joseph Giannattasio	Supervising Laborer P/T Clean Communities Program	$9.69 ph	04/27/2005
Amanda VanArtsdalen	PS Telecommunications Operator P/T	$10.23 ph	05/02/2005
Kathleen Murawaki	PS Telecommunications Operator P/T	$10.23 ph	05/02/2005
James Caldwell	PS Telecommunications Operator P/T	$10.23 ph	05/02/2005

21. RESOLUTION NO. 222-05 – LOCAL PUBLIC CONTRACT – VAN NOTE HARVEY ASSOCIATES – TOPOGRAPHIC SURVEY – BIKE PATH PHASE I – GOSHEN ROAD TO SHELLBAY AVENUE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 May 2, 2005 through the completion of the project.

Van Note Harvey Associates – Topographic Survey – Bike Path Phase I

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 $ 19,850.00 has been bid for the following service or items survey. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:

G-02-41-720-000-599.

PO# 2051442

_________________________________________

Tracey DeVico Taverner, CFO

22. RESOLUTION NO. 223-05 – LOCAL PUBLIC CONTRACT – VAN NOTE HARVEY ASSOCIATES – SURVEY SERVICES – BLOCK 1040 LOTS 1, 3, 7, 9 – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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,

Van Note Harvey Associates –Survey Services– Block1040 Lot(s) 1, 3, 7, 9

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 $ 2967.00 has been bid for the following service or items survey It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:

5-01-20-165-165-249

PO# 2051443

_________________________________________

Tracey DeVico Taverner, CFO

23. RESOLUTION NO. 224-05 – LOCAL PUBLIC CONTRACT – VAN NOTE HARVEY ASSOCIATES – SURVEY SERVICES – SKATEBOARD PARK – CLARENCE DAVIES RECREATIONAL CENTER – BLOCK 77 LOTS 4, 6 – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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,

Van Note Harvey Associates –Survey Services– Skateboard Park – Clarence Davies Recreational Center – Block 77 Lot(s) 4, 6

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 $7139.20 has been bid for the following service or items survey It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:

c-04-55-905-000-299.

PO# 2051444

_________________________________________

Tracey DeVico Taverner, CFO

24. RESOLUTION NO. 225-05 – AUTHORIZATION TO HOLD TENT/SIDEWALK SALE – REYNOLDS DEPARTMENT STORE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Reynolds/ Rafters Department Store has requested permission to hold a tent/ sidewalk sale in their front parking lot on the dates indicated below:

Wednesday, May 25, 2005 through Tuesday, May 31, 2005

Wednesday, June 29, 2005 through Monday, July 4, 2005

Friday, July 8, 2005 through Wednesday, July 13, 2005

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, that Reynolds/Rafters Department Store is hereby authorized to hold a tent/sidewalk sale on the dates 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.

25. RESOLUTION NO. 226-05 – SUPPORTING REQUEST FOR BYPASS ROAD – SATT BLVD. – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, Grande Properties Development LLC. is the owner and developer of the upcoming Grande Shopping Plaza in the Rio Grande section of Middle Township, and

WHEREAS, Grande Properties Development LLC has applied to the New Jersey Department of Transportation for the construction of a Bypass Road, also known as Satt Blvd., and

WHEREAS, The Township of Middle, for many many years, has expressed a desire to extend and implement a bypass road utilizing Satt Blvd. and now through the plans of Grande Properties Development LLC, looks forward to the completion of the project.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey that support and endorsement of the proposed Bypass Road, aka Satt Blvd extension, is hereby expressed.

26. RESOLUTION NO. 227-05 – 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.

27. RESOLUTION NO. 228-05 – TABULATION COMMITTEE – 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.

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 Deputy Clerk Kimberly Tomkinson, Police Captain Scott Webster, and Rita Kirk, representative from the Finance Office, be and hereby are appointed to tabulate the bids to be taken on May 24, 2005 at 11:00 a.m. in the Middle Township Municipal Building, 33 Mechanic Street, Cape May Court House, NJ for the following:

FIXED MOUNTED SECURITY CAMERA EQUIPMENT AND ACCESSORIES

28. RESOLUTION NO. 229-05 – AWARD OF BID – 2004 CAPITAL IMPROVEMENT PROGRAM – CONTRACT NO. 1 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, it has been deemed necessary and desirable to solicit bids for the 2004 Capital Improvement Program, Contract No. 1, which included:

Third Avenue – Pacific Avenue to Atlantic Avenue

Raleigh Street – Pennsylvania Avenue to George Street

Lena Street – Pennsylvania Avenue to Vick Street

WHEREAS, sealed bids were received on April 26, 2005 at 3p.m., and

WHEREAS, it appears that the following bid submitted represents a figure equal to the lowest bid received, which complies with specifications.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township
of Middle, the governing body thereof, that the contract for the 2004 Capital Improvement Program, Contract No. 1 be and hereby is awarded to:

Albrecht & Heun, Inc. for a total bid price of $298,240.00

FURTHER BE IT RESOLVED, that this award is conditioned upon certification of availability of funds.
As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 298,240.00 has been bid for the following service or items the 2004 Capital Improvement Program, Contract No. 1. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract _________________

PO# ____________________________________ .

_________________________________________

Tracey L. Taverner, CFO

29. RESOLUTION NO. 230-05 – CLOSED SESSION – MATTERS OF PERSONNEL – On motion by Committeemember Leusner seconded by Committeemember DeLanzo 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 PERSONNEL

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

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.

30. RESOLUTION NO. 231-05 – RE-INSTATEMENT OF EMPLOYMENT – RESCINDING RESIGNATION – RACHEL CHEW – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted

WHEREAS, Township Committee passed Resolution No. 202-05 on April 18, 2005 acknowledging the resignation of Rachel Chew from the Tax Collector’s Department, and

WHEREAS, Mrs. Chew would like to rescind her resignation and continue her employment with the Township of Middle.

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 employment of Rachel Chew is re-instated and therefore said resignation is hereby rescinded.

31. RESOLUTION NO. 232-05 – RATIFY INTERLOCAL SERVICES AGREEMENT BETWEEN MIDDLE TOWNSHIP AND THE MIDDLE TOWNSHIP BOARD OF EDUCATION 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.

BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the attached Interlocal Agreement for Fixed Mounted Security Cameras and Accessories with the Middle Township Board of Education and the Township of Middle, be and is hereby ratified.

NOW THEREFORE FURTHER, be it resolved, that the appropriate officials are hereby authorized and directed to sign said Agreement.

32. RESOLUTION NO. 233-05 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF CLUB INC. – GOLF TOURNAMENT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Wildwood Golf Club Inc. has applied for approval to sell alcoholic beverages at a Golf Tournament to be held at 1170 Golf Club Road, CMCH, on June 1, 2, 3, 4, 5 2005 from 11:00 am to 1:00 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.

33. RESOLUTION NO. 234-05 – REFUND OF 2005 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to 100% totally disabled American Veteran

As stated on the attached County Tax Board judgment Mr. Mc Donough is eligible for this exemption as of January 1, 2005

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

6964

471

Mc Donough, Edward T & Geraldine R

PO Box 323

Green Creek, NJ 08219

Property Location: 903 RTE 47 S

288.83

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.

34. RESOLUTION NO. 235-05 – CANCELLATION OF TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

Mr. Mc Donough is eligible for this exemption as of January 1, 2005

ACCT BLOCK LOT NAME/LOCATION 2005 taxes 1^st 1/2

6964

471

Mc Donough, Edward T & Geraldine R

Property Location: 903 RTE 47 S

577.66

35. RESOLUTION NO. 236-05 – REFUND OF TAXES (DUE TO MTG CO. OVERPAYMENT) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to overpayment made by mortgage company on auto payment

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

17222

Ryan, John J & Nancy C

562 Avalon Blvd

1892.71

15951