August 7, 2006

Cape May Court House, NJ

August 7, 2006 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

ORDINANCE NO. 1230-06 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE,

ESTABLISHING RULES AND REGULATIONS OF SKATEBOARD PARK - Following second reading, hearing, and consideration for adoption, Ordinance 1230-06 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.

ORDINANCE NO. 1235-06 – 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 Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1235-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 09/18/2006 at 6:00 p.m.

ORDINANCE NO. 1236-06 – TO AMEND CHAPTER 236-31 OF THE TOWNSHIP CODE REGARDING LEFT TURN PROHIBITIONS - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1236-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 09/18/2006 at 6:00 p.m.

ORDINANCE NO. 1237-06 – AMENDING CHAPTER 116 OF THE CODE REGARDING COAH DEVELOPMENT FEES - On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1237-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 09/18/2006 at 6:00 p.m.

RESOLUTION NO. 371-06 – 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 $ 33,000.34

Current Acct. $ 2,772,311.34

RESOLUTION NO. 372-06 – 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 August 7, 2006 are hereby approved.

REPORTS: The following departments have submitted their reports for the months indicated below: Municipal Clerk for the month of July; Zoning Official for the month of July; Tax Collector for the month of July; Construction Official for the month of July;

RESOLUTION NO. 373-06 – PURCHASE RECYCLING BUCKETS – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle, for many, many years has been distributing to the residents of the Township recycling buckets now on an “as needed” basis; and

WHEREAS, the Township of Middle participates with the State of New Jersey, Department of Treasury, Division of Purchase and Property and their State Contract Purchase Program; and

WHEREAS, T M Fitzgerald & Associates, 850 West Chester Pike, Suite 303, Havertown, Pa. 19083-4439 are the holders of Contract #61779; and

WHEREAS, the Township of Middle desires to purchase 1,550 white 20 gal. Recycling containers with a blue logo; and

WHEREAS, the Township of Middle wishes to purchase 1,550 blue 20 gal. Recycling containers with a white logo; and

WHEREAS, the model number of the Recycling containers are TRC-20; and

WHEREAS, the total cost of the 3,100 – 20 gal. TCR Recycling containers is $23, 715.00; and

WHEREAS, the Township of Middle has funds available in Account #G-02-41-701-000-294 and #G-02-41-701-000-293, which will be sufficient to cover the costs of the Recycling buckets; so

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that a Purchase Order be issued to T M Fitzgerald & Associates to purchase the above mentioned Recycling buckets.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $23,715.00 has been bid for the following service or items recycling buckets. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: various.

PO# 2063019

RESOLUTION NO. 374-06 – GRANT APPLICATION POLLING PLACE ACCESSIBILITY – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the State of New Jersey, Department of Law and Public Safety, Division of Elections has made available to the County of Cape May and the Township of Middle, an opportunity to submit a Grant Application for Polling Place Accessibility; and

WHEREAS, the Township of Middle must submit its application through the County of Cape May; and

WHEREAS, a need exists to address polling place accessibility in the Township of Middle in several election districts; and

WHEREAS, the Township of Middle Clerk/Business Administrator is hereby authorized to sign and submit the application to the County of Cape May no later than August 31, 2006; so

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that an application for Polling Place Accessibility be submitted to the County of Cape May to address the various Polling Places for the Township of Middle in bringing them into conformity of proper Polling Place Accessibility.

RESOLUTION NO.’S 375-06 THROUGH 377-06 – DUPLICATE TAX SALE CERTIFICATE (ITEMS A THROUGH C)– On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

375-06(A) WHERE AS, Chapter 99 laws of 1997, requires authorization of the governing body for replacement and issuance of a duplicate tax sale certificate held by a third-party lien holder, which has been destroyed or lost.

Now, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Middle of the County of Cape May, State of New Jersey, hereby authorizes the Tax Collector, upon receipt of an appropriate affidavit from the owner of the certificate, prepare a replacement certificate for Tax Sale Certificate # 995-1985 and issued to the original lien holder known as:

Anthony Buzas and Kate Feroe

25 Jones Ave 30 South Buck Lane

Flourtown, Pa 19031 Haverford, Pa 19041

BE IT FURTHER RESOLVED, that this replacement certificate, duplicated in original form, shall be marked as “duplicate”, and a $100.00 fee assessed to the above mentioned lien holder for the preparation of said duplicate certificate and this fee will be deducted from the value of the redemption which is $708.38

BE IT FINALLY RESOLVED, that a copy of said duplicate certificate shall be attached herewith, and a certified copy be forwarded to the Tax Collector and lien holder.

376-06 (B) WHERE AS, Chapter 99 laws of 1997, requires authorization of the governing body for replacement and issuance of a duplicate tax sale certificate held by a third-party lien holder, which has been destroyed or lost.

Now, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Middle of the County of Cape May, State of New Jersey, hereby authorizes the Tax Collector, upon receipt of an appropriate affidavit from the owner of the certificate, prepare a replacement certificate for Tax Sale Certificate # 95-1809 and issued to the original lien holder known as:

Charles J Reed

1201 Linda Lane

Marysville, Pa 17053

BE IT FINALLY RESOLVED, that a copy of said duplicate certificate shall be attached herewith, and a certified copy be forwarded to the Tax Collector and lien holder.

377-06 (C) WHERE AS, Chapter 99 laws of 1997, requires authorization of the governing body for replacement and issuance of a duplicate tax sale certificate held by a third-party lien holder, which has been destroyed or lost.

Now, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Middle of the County of Cape May, State of New Jersey, hereby authorizes the Tax Collector, upon receipt of an appropriate affidavit from the owner of the certificate, prepare a replacement certificate for Tax Sale Certificate # 95-1807 and issued to the original lien holder known as:

Charles J Reed

1201 Linda Lane

Marysville, Pa 17053

BE IT FINALLY RESOLVED, that a copy of said duplicate certificate shall be attached herewith, and a certified copy be forwarded to the Tax Collector and lien holder.

RESOLUTION NO. 378-06 – TRUCK PURCHASE – STATE CONTRACT – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle is in need of a 35,000 lb GVW cabin chassis; and

WHEREAS, the Township of Middle participates in the New Jersey Department of Treasury, Division of Purchase and Property State Contract Program; and

WHEREAS, the truck needed by the Township of Middle is available through Contract #A61678 with Beyer Brothers Corporation; and

WHEREAS, the Township of Middle wishes to purchase the 35,000 lb GVW cabin chassis also known as 2006 Fleet/Non Retail GMC TC7500 with options available, including but not limited to, diesel engine and automatic transmission, exterior color to be white, interior color to be factory pewter.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that said truck be purchased through State Contract in the amount of $50,414.00.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $50,414.00 has been bid for the following service or items Cabin Chassis It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: c-04-00-901-000-199.

PO#2063021.

RESOLUTION NO. 379-06 – TABULATION COMMITTEE – 2006/2007 4-WHEEL DRIVE LOADER BACKHOE – On motion by Mayor Doughty 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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey Taverner, and be and hereby are appointed to tabulate the bids to be taken on September 15, 2006 at 10:00 AM in the Middle Township Municipal Building, 2^ND Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

2006/2007 4-WHEEL DRIVE LOADER BACKHOE

RESOLUTION NO. 380-06 – TABULATION COMMITTEE – GENERAL SWEEPER AND CHASSIS SPECIFICATIONS – On motion by Mayor Doughty 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 Township Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Chief Finance Officer Tracey Taverner be and hereby are appointed to tabulate the bids to be taken on September 15, 2006 at 10:30 AM in the Middle Township Municipal Building, 2^ND Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following:

GENERAL SWEEPER AND CHASSIS SPECIFICATIONS

RESOLUTION NO. 381-06 – REFUND OF 2006 TAXES – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

Refund due to overbill in tax duplicate for 2006

ACCT NO BLOCK LOT OWNER/LOCATION AMOUNT

17340	10.09	1	Atlantic City Electric Co c/o Real dept 5100 Harding Hwy Mays Landing, NJ 08330 Property Location: Ch So Dennis Rd	64.49
16202	98	55	Conti, Steven & Forte , Stephanie M 30 Siegtown Rd Cape May Court House, NJ Property Location: 30 Siegtown Rd	274.01
17216	99.02	8	Fox & Fox Restorations LLc 4 Goshen Rd Cape May Court House, NJ 08210 Property Location: 1 Antina Lane	507.46
3524	168	35	Pray, Lawrence A Builders Inc 1053 Shunpike Rd Cape May, NJ 08204 Property Location: 83 W Johnstown Lane	444.07
4191	210	8	Kern, William 10 Shadow Lane Cape May Court House, NJ 08210 Property Location: 4 Oak Ave	188.12
4788	252	19	Licata, Mary P 606 Rte 9 N Cape May Court House, NJ 08210 Property Location: 14 W Atlantic Ave	685.93
6023	385	2	Lighthouse Church Christian M A P O Box 1026 Rio Grande, NJ 08242 Property Location: 1248 Rte 9 S	1816.65
6153	389	5	Whiteman, Robert P O Box 141 Green Creek, NJ 08219 Property Location: 52 Bay Shore Rd	35.12
6158	389	39	Morrison, Dale & Joanne B 108 Alexander Ave Villas, NJ 08251 Property Location: 20 Bay Shore Rd	95.64
6253	397	4	Tozour, Irving A & Charlotte L P O Box 253 Rio Grande, NJ 08242 Property Location: 8 N 10^th St	460.09
6266	398	16	Collins, Earl IV & Erik E 9710 Amherst Ave Margate, NJ 08402 Property Location: 25 N 12^th St	302.17
6491	416	7	Tubertini, Gina M 435 W Montgomery Ave B Wildwood, NJ 08260 Property Location: 106 S 7^th St	306.68
7116	473	19.01	Ros-Len Inc 9 Covenger Court Medford, NJ 08085	218.21
11950	965	4	Albalah, Martin & Diane 1660 Ratzer Rd Wayne, NJ 07470 Property Location: 205 Reeves St	286.54
12558	1048	24	Smith, Mary J 5078 Jay St NE Washington, DC 20019 Property Location: E Anna St	47.18
15171	1410.01	5.01	City of Wildwood /Purchasing 4400 New Jersey Ave Wildwood, NJ 08260 Property Location: 962 Rte 47 S	2.22
14050	1425.01	6.01	Mc Neil, Jermaine & Jennine L 9 Williams St Rio Grande, NJ 08242 Property Location: 9 Williams St	27.93
14052	1425.01	8.01	Wicker, Joseph 15 Williams St Rio Grande, NJ 08242 Property Location: 15 Williams St	204.47
14578	1436.05	2	Beazer Homes Corp 275 Phillips Blvd Trenton, NJ 08618 Property Location: Aberdeen Way	952.62
14712	1479	1	Bartleson, James & Cynthia Snyder 114 E Woodland Ave Cape May Court House, NJ 08210 Property Location: 412 N 7^th St	426.31

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 2006 taxes.

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

RESOLUTION NO. 382-06 – APPROVE DONATION OF TIME FOR FELLOW EMPLOYEE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, on May 15, 2006 via resolution no. 234-06 the Township of Middle approved the donation of time for Robert Eagan, and

WHEREAS, it has been deemed necessary to once again solicit for a second time for a donation of time for our fellow employee.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, that the request from the following Middle Township employees, to relinquish the following amount of time to Robert Eagan, be and hereby is approved:

EMPLOYEE NAME TYPE OF DAY TIME DONATED

John Edwards Personal 12 hrs

Vacation 36 hrs

Sick 36 hrs

Paul Fritsch Sick 8 hrs

Mark Higginbottom Holiday 8 hrs

Mike Harron Sick 8hrs

Jeff Saduk Sick 8hrs

Joe Evangelista Personal 12 hrs

Steve Ginyard Vacation 8 hrs

NOW THEREFORE BE IT FURTHER RESOLVED, that the total amount of contributed time be credited to Robert Eagan as Sick Days.

RESOLUTION NO. 383-06 – APPROVE LEAVE OF ABSENCE – WILLIAM SILCOX – On motion by Mayor Doughty 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