September 18, 2006

Cape May Court House, NJ

September 18, 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, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

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” - Following second reading, hearing, and consideration for adoption, Ordinance 1235-06 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. 1236-06 – TO AMEND CHAPTER 236-31 OF THE TOWNSHIP CODE REGARDING LEFT TURN PROHIBITIONS - Following second reading, hearing, and consideration for adoption, Ordinance 1236-06 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. 1237-06 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY REPEALING ORDINANCE NO. 1205-05 AND AMENDING CHAPTER 116 OF THE CODE REGARDING COAH DEVELOPMENT FEES - Following second reading, hearing, and consideration for adoption, Ordinance 1237-06 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. 1238-06 – AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1238-06 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.

RESOLUTION NO. 445-06 – 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 $ 5,437.84

Current Acct. $ 840,905.65

RESOLUTION NO. 446-06 – 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 21, 2006 and September 5 Special Meeting, are hereby approved.

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

RESOLUTION NO. 447-06 THROUGH 449-06 – REFUND OF TAXES (ITEMS A THROUGH C) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

447-06 (a) REFUND DUE TO OVER-PAYMENT MADE BY MORTGAGE COMPANY

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

603	13.02	2	ESM 25 Lord Lane West	348.98
671	17	27	Schoor, Ronald E & Clio M 482 Avalon Blvd	960.70
1754	56.06	5	Gayle, Kevin & Amy 9 Wayne Ave	490.12
17894	95.07	6	Ounjiam, James J 22 Sand Castle Drive	387.75
17662	114	8 C0038	Pauxtis, Robert S Jr & Mary L 803 Turnberry Court	1444.76
17796	114	13 C0170	Madrigale, Anthony & Claudia P 106 Springdale Court	1444.76
4361	217	4	Corrado, Frank L Jr & Barry, CM 14 Romney Place	1015.91
17080	257	24	Ronjill Development LLC 3 Way Rd	271.43
6062	388	17	Fuller, Lee 341 Rte 47 S	560.75
6382	408	13	Love, Kurt T, Rhonda E & Lynn 15 S 5^th St	756.14
6536	421	6	Pelletier, Celeste A 93 Millman Blvd	610.82
15393	434	3	Miller, Walter G Sr & Judith 112 EldredgeAve	492.39
11584	931	8	Hatch, Douglas M & Mattie L 201 W Lena ST	401.54
12274	1018	7	Walker, Milton Sr 318 Allen ST	622.15
12588	1055	1	Davis, Charles & Evelyn 9 Matthews St	570.94
12655	1059	5	Crews, Janet 109 Cochran St	468.98
13841	1410.02	46	Yohn, Tara L & John M 200 Ridge Rd	752.04
13963	1414.04	2	Velli, Raymond J Jr & Patricia K 203 Davis Rd	671.32
18143	1436.02	9	Greenwood, Judith 114 Aberdeen Way	529.73
14492	1447	17	Lloyd, Gregory P & Mary J 228 School Lane	733.20
14536	1453	7	Forsyth, Larry 3 Church Rd	719.16
14663	1474	4	Garcia, Sol 307 Linden Lane	581.13
18023	1519	8	Blanda, Michael A & Tracey M 307 Pennsylvania Ave	14.47

Refund Payable and sent to:

First American Real Estate Tax Service

P O Box 961250

Fort Worth, Tx 76161-9887

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.

448-06(b) REFUND DUE TO OVER-PAYMENT MADE BY MORTGAGE COMPANY

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

16815	253	14	Phillips, Marcus A 104 W Pacific Ave	864.69
5944	359	3	O’Neal, John T & Lisa R 104 Wildwood Ave	700.57
6077	388	6	Romano, Nathan 387 Rte 47 S	450.73
431	12.1	101	O’Hora, Anna 30 Brook Ridge Rd	1510.67

Refund Payable and sent to:

Countrywide Financial

1757 Tapo Canyon Rd

Simi Valley, Ca 93063

taxes.

449-06 (c) REFUND DUE TO OVER-PAYMENT MADE BY MORTGAGE COMPANY

ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck#

18174

1436.03

Heun, Phillip G & Douglas J

121 Aberdeen Way

529.73

Refund Payable and sent to:

Wells Fargo Home Mortgage

1 Home Campus

X2502-011

Des Moines, IA 50328

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 450-06 – INSERTION OF A SPECIAL ITEM OF REVENUE – YOU DRINK, YOUR DRIVE, YOU LOSE – On motion by Committeemember DeLanzo seconded by Committeemember Leusner 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 2006 in the sum of:

You Drink, You Drive, You Lose -- FY 2006 -- $3,000.00

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

You Drink, You Drive, You Lose -- FY 2006 -- $3,000.00

RESOLUTION NO. 451-06 THROUGH 454-06 – DUPLICATE TAX SALE CERTIFICATE (ITEMS A THROUGH D) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

451-06 (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 # 89-158 and issued to the original lien holder known as:

Anthony Buzas

25 Jones Ave

Flourtown, Pa 19031

BE IT FURTHER RESOLVED, that this replacement certificate, duplicated in original form, shall be marked as “duplicate”, and a $25.00 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 $59.00

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.

452-06 (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 # 1141-1987 and issued to the original lien holder known as:

Anthony Buzas

25 Jones Ave

Flourtown, Pa 19031

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.

453-06 (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 # 1118-1986 and issued to the original lien holder known as:

Anthony Buzas

25 Jones Ave

Flourtown, Pa 19031

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.

454-06(D) 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 # 1158-1987 and issued to the original lien holder known as:

Anthony Buzas

25 Jones Ave

Flourtown, Pa 19031

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. 455-06 – 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, 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).

WHEREAS, Sgt. Edwards has been placed on military leave effective August 6, 2006 through February 22, 2007.

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.

RESOLUTION NO. 456-06 – SALARIES – 2006 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

(Salary Resolution Amended to include following:)

Zarharchuck

Jill

Dep Mun Emergency Management Coord

RESOLUTION NO. 457-06 – APPOINTMENT – SUBSTITUTE ANIMAL CONTROL OFFICER – 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 term of office opposite their name:

NAME	POSITION / BOARD	DEPT.	TERM AFFECTIVE	SALARY
Christopher Curran	Substitute Animal Control Officer	Public Safety	08/18/2006	$2500.00

RESOLUTION NO. 458-06 – TRAFFIC SIGNAL AT ROUTE 47 AND FULLING MILL ROAD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, within the boundaries of the Township of Middle, Route 47 and Fulling Mill Road intersect in the Rio Grande section of the Township; and

WHEREAS, the Township feels very strongly that there is a need or have a traffic light installed at the intersection of Route 47 and Fulling Mill Road; and

WHEREAS, increased traffic volumes and minor accidents have brought a special awareness to the intersection of Route 47 and Fulling Mill Road; and

WHEREAS, the delay in being able to access Route 47 from Fulling Mill Road due to increased traffic has resulted in long lines of standing traffic; and

WHEREAS, the Township of Middle requests that the New Jersey Department of Transportation and the County of Cape May investigate the feasibility of installing a traffic light at the intersection of Route 47 and Fulling Mill Road; so

NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Middle, State of New Jersey, County of Cape May that this Resolution requesting a study to install a traffic signal at Route 47 and Fulling Mill Road be hereby forwarded to Senator Nick Asselta, Assemblyman Jeff Van Drew, Assemblyman Nelson Albano, and the Commissioner of the New Jersey Department of Transportation and the Board of Freeholders of the County of Cape May, whereby this request from the Township of Middle will be thoroughly reviewed by the State of New Jersey and the County of Cape May.

RESOLUTION NO. 459-06 – SIDEWALK CONSTRUCTION WITHIN THE RIO GRANDE SECTION OF MIDDLE TOWNSHIP – ROUTE 47 – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle feels that there is an increased need for improved sidewalks within the state right of way of Route 47; and

WHEREAS, increased pedestrian traffic between the heart of Rio Grande (Rt 9/Rt 47 and Fulling Mill Road) have been ever increasing; and

WHEREAS, the Township of Middle in its efforts to protects its residents and visitors feels that sidewalks are a necessity within the state right of way; so

WHEREAS, the Township has estimated that the north side of Route 47 from Shunpike to Fulling Mill Road to be a distance of approximately 3760 feet, plus or minus: and the Township of Middle estimates the south side of Route 47 from Shannon Oaks to Fulling Mill Road to be approximately 3148 feet, plus or minus; so

NOW THEREFORE BE IT RESOLVED by the governing body of the Township