May 16, 2005

Cape May Court House, NJ

May 16, 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, Deputy Clerk Kimberly Tomkinson, Deputy Clerk Dawn Stimmel, Attorney Pickering, and Engineer Orlando. Clerk/Administrator James Alexis was absent.

PROCLAMATION – PINNING OF THE POPPY ON THE MAYOR

RESOLUTION NO. 240-05 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember DeLanzo 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 May 2, 2005 are hereby approved.

RESOLUTION NO. 241-05 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember DeLanzo 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 $9,212.88

Current Acct. $865,672.05

REPORTS: The following offices have submitted their reports for the months indicated below: Township Clerk for the month of April; Municipal Court for the month of April; Tax Collector for the month of April; Police Department for the month of April; Safety Committee for the month of April;

RESOLUTION NO. 242-05 THROUGH 246-05 – REFUND OF 2005 TAXES (ITEMS A THROUGH E) – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

242-05(A) Refund due to 100% totally disabled American Veteran

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

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

4265

212.07

Farrell, William M & Kathleen

21 Heritage Drive

Cape May Court House, NJ 08210

Property Location: 21 Heritage Drive

2590.03

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.

243-05 (B) Refund due to overpayment by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

Wood, Christian J & Kellie J

Property Location: 88 Swainton Goshen Rd

540.85

REFUND PAYABLE TO:

LAND AMERICA ATTN: CENTRAL REFUNDS

VELGIN M BANKS

BUILDING 550 3^RD FLOOR

4910 RIVERGRADE RD

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.

244-05(C) Refund due to 100% totally disabled American Veteran

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

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

4602

1467

Founds, Gerard D & Eileen M

4 Linden Cove

Rio Grande, NJ 08242

Property Location: 4 Linden Cove

1,292.31

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

245-05(D) Refund due to overpayment by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

17297

328

14.03

Schnatz, William C

Property Location: 12 4^th Ave

247.27

REFUND PAYABLE TO:

Wells Fargo Real Estate Tax Services, LLC

1 Home Campus

MAC #X2502-011

Attn: Refunds/Financial Support

Des Moines, IA 50328-001

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle.

246-05 (E) Refund due to overpayment by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

16266

17662

5340

11054

17840

4604

7175

4457

4897

114

322.01

878

926

235

475

226.02

270

1.06

12 C0038

19.02

33.04

6.01 C0001

Yenolevich, Joseph C & Cindy L

Property Location: 88 Swainton Goshen Rd

Pauxtis, Robert S Jr & Mary L

803 Turnberry Court

Cummiskey, Joseph & Lisa R

8 Bellewood Road

Turner, Stanley & Shirley Etal

601 W Main Street

Crego, Keith B

107 Raleigh Ave

Gallagher, Joan M & Gerald

9 Dias Creek Road

Toney, Marvin Sr & Betty

11 Starling Ave

Ruisch, Teresa M

3 Romney Place East

Lennon, Anita M

93.66

504.44

604.76

42.51

615.68

780.68

763.76

936.11

1039.26

REFUND PAYABLE TO:

FIRST AMERICAN REAL ESTATE TAX SERVICE

ROCHESTER AREA SERVICE CENTER

95 METHODIST HILL ROAD, STE 100

ROCHESTER, NY 14623

ATTN: NEW JERSEY TEAM

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. 247-05 AND 248-05 – CANCELLATION OF TAXES (ITEMS A THROUGH B) – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

247-05 (A) CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

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

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

14602

1467

Founds, Gerard D & Eileen M

Property Location: 4Linden Cove

1,292.31

248-05 (B) CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

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

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

4265

212.07

Farrell, William M & Kathleen

Property Location: 21 Heritage Drive

2590.03

RESOLUTION NO. 249-05 – APPOINTMENT – NEW HIRES – On motion by Mayor Doughty 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 is hereby appointed to the following position at the salary opposite their name:

NAME	TITLE	SALARY	EFF. DATE
Paul Ambrose	Laborer / Public Works Dept.	$18,720.00	05/09/2005
Joyce Weber	Clerk Typist / Tax Collection	$18,720.00	05/23/2005

RESOLUTION NO. 250-05 – ACKNOWLEDGMENT 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

Elizabeth Simpkins

Council on the Arts / Secretary

06/01/2005

RESOLUTION NO. 251-05 – RELEASE OF TRUST ACCOUNTS – On motion by Mayor Doughty 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.

RESOLUTION NO. 252-05 – LOCAL PUBLIC CONTRACT – EASTERN BUSINESS MACHINES - TYPEWRITER MAINTENANCE – On motion by Mayor Doughty 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 May 1, 2005 through April 30, 2006.

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 1, 2005 through April 30, 2006.

Eastern Business Machines – Typewriter Maintenance

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 certificationof 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 $1200.00 has been bid for the following service or items Typewriter Service. 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# __________________________

RESOLUTION NO. 253-05 – APPROVE APPLICATION FOR BINGO LICENSE – VOLUNTEER FIRE COMPANY NO. 1 – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, Middle Township Volunteer Fire Company No. 1 has applied to Legalized Games of Chance Control Commission for Bingo Nights, and

WHEREAS, the location will be at, 116 Swainton Goshen Rd, CMCH, NJ 08210, otherwise known as Big Timberlake Campground, 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 Bingo Night (with the dates listed on the form attached) at the location of 116 Swainton Goshen Road, Cape May Court House, is hereby approved.

RESOLUTION NO. 254-05 – APPROVE VENDOR LICENSE – FUDGY WUDGY ICE CREAM – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Fudgy Wudgy Ice Cream has applied for a Vendor’s License to operate an ice cream truck in Middle Township,

WHEREAS, proper applications have been made to the Township of Middle, County of Cape May, State of New Jersey and the proper fees have been paid.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey that the vendor applicant is hereby licensed by the Township of Middle to operate an ice cream truck in Middle Township from May 16, 2005 through December 31, 2005.

RESOLUTION 255-05 – AUTHORIZE MAYOR TO EXECUTE DISCHARGE OF MORTGAGE – On motion by Mayor Doughty 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 indicated below is hereby canceled.

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

Borrower Mrtg Dated Date Satisfied Sum of Principal

Mark Logan & Alison Logan

November 12, 2004

May 4, 2005

$18,122.45

RESOLUTION NO. 256-05 – RATIFY AGREEMENT – VINELAND FIREWORKS COMPANY, INC. – 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 of the Township of Middle, the governing body thereof, that the Agreement between Vineland Fireworks Company, Inc. and the Township of Middle for the fireworks display at the July 4, 2004, Middle Township Fourth of July Celebration, be and is hereby ratified.

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

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. 257-05 – AUTHORIZE APPLICATION – 2005 STATE BODY ARMOR REPLACEMENT FUND – 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 of the Township of Middle, the governing body thereof, that authorization to apply for the 2005 State Body Armor Replacement Fund be and is hereby approved.

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

CORRESPONDENCE RECEIVED: Cape May County Public Works Department, Office of the County Engineer – Closing of Goshen Road (CR615) for Culvert Replacement; CR 615 will be closed to all traffic from approximately 2.3 miles north of Mechanic Street where the culvert exists. Signs will be posted at the intersections of Goshen Road and Mechanic Street and Goshen and Goshen-Swainton Road advising motorists that Goshen Road is closed but open to local traffic. Due to the nature of the work no through traffic can be allowed. The contractor has not yet submitted the construction schedule for the project, however the contract documents permits a 21-day closure of Goshen Road and said closure shall be completed by June 23, 2005. Questions or Comments may be directed to Dale Foster, County Engineer.

RESOLUTION NO. 258-05 – APPROVAL FOR PAYMENT TERMINAL LEAVE – KAREN COUGHLIN – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Karen Coughlin has submitted her resignation with an effective date of May 13^th , 2005, and

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

WHEREAS, final payment is requested to be made during the month of May, 2005, and

WHEREAS, the personnel office has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer 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.

Karen Coughlin

Vacation Days 5.75 445.63

Personal Days 2.00 155.00

Easter Holiday 1 77.50

Balance Due 678.13

I certify that the above figures are a true accounting of this time based solely on the documentation provided by the personnel department and that sufficient backup documentation is available for inspection.

________________________________ May 16, 2005

Tracey DeVico Taverner, CFO

PUBLIC COMMENT:

Committeemember DeLanzo reminded everyone of the Fourth of July celebration scheduled at the Clarence Davies Complex.

Mayor Doughty reminded everyone of the Memorial Day Parade

Committeemember DeLanzo stated that there will be a new addition to the parade … the Counsel on the Arts Program will have the “Earth Day Car” as painted by the children out of recycled paint. She believes that our Memorial Day Parade is one of the nicest around …. “very quant”

Len Pantaleo gave an update on the 1^st Annual Drum Fish Tournament stating that 25 boats have registered so far. Also the deadline has been extended so accommodate Philadelphia residents due to the weather. He stated that if your not in the Tournament you have to at least buy a T-Shirt!

Committeemember DeLanzo asked where they will be sold?

L. Panaleo – Twp Hall and at the Captains Dinner at Atkinson’s

Mayor Doughty – “Good job Len.” The proceeds will go towards the Recreation Department.

Sam Kelly – stated his concern with the overwhelming growth within the Township. He stated that last month the retention pit / storm drain was deeded to the last 3 properties in his area and he was inquiring to how a property owner can “own” a retention pit let alone put a fence around it! The new development across from his neighborhood has cut down multiple trees that backs up to the neighboring homes.

Vince Orlando – informed Mr. Kelly that the business > Kielly Construction bought the “Barrett property” to the north – the trees were saved to the north of the development. They also received a Use Variance. Notice was sent to the homeowners within 200 feet and no one came to the meeting to object. He stated that ¼ acres of trees where removed and the fence must be moved back and re-landscaped. This will replace infront of the fence.

Mayor Doughty stated that he felt that the trees where unnecessary to remove but was assured that new ones would be replaced.

Vince Orlando asked Mr. Kelly to come into the Zoning Office on Friday to answer any further questions.

There being no other business, the meeting was adjourned at 6:30pm:

__________________________________

Kimberly Tomkinson, Deputy Clerk