Cape May Court House, NJ

April 16, 2007 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 Barry, Township Clerk James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando. Committeemember DeLanzo absent. Municipal Auditor Glenn Ortman present.

 

  1. ORDINANCE NO. 1256-07 – ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1256-07 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.

P. Mathis – Salary Range #1

Alexis – no change

 

  1. ORDINANCE NO. 1257-07 – CALENDAR YEAR 2007 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) - Following second reading, hearing, and consideration for adoption, Ordinance 1257-07 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.

Mathis – new law – 08’ – 4% cap (#2)

 

  1. ORDINANCE NO. 1258-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO PURCHASE LAND AND STRUCTURES COMMONLY KNOWN AS MIDDLE TOWNSHIP FIRE DISTRICT NO. 1 LOCATED ON BOYD STREET IN CAPE MAY COURT HOUSE - Following second reading, hearing, and consideration for adoption, Ordinance 1258-07 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.

M. Flipski – property available for purchase 2 yrs

Glenn Ortman – 1 million in land sale budget put away for future. 3.3 / 1 million set aside

F. Brad – paper says 1.5 put aside. Assessment – 1.273. Walmart tax break?

Alexis – cost born by fire district NO. 1. Twp 1.2 million

Alexis – Walmart / Lowes full property tax. Pilot never agreed upon.

Mayor Doughty – EHT 250,000 in lieu of pilot. Middle Township denied any credit.

S. Kelly - #3 Merchant License Fee – missing out. Clarification – action tonight .. no money?

Ortman – not capital ordinance

S. Thompson – Fire NO. 1

Alexis – issue with Fire district commissioners NO. 1

Alexis – 5 commissioners

P. Mathis – land sale $ - set asise for future capital improvements.

B. Adams – run out of land – 1 million used to offset taxes

J. Jackson – questioned budget breakdown and tax rate.

 

  1. ORDINANCE NO. 1259-07 – AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 211, SECTION 3 THEREOF, ENTITLED RULES AND REGULATIONS OF SKATEBOARD PARK - Following second reading, hearing, and consideration for adoption, Ordinance 1259-07 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.

 

  1. PUBLIC HEARING ONLY - ORDINANCE NO. 1260-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO SELL TOWNSHIP OWNED LAND TO THE NATURE CONSERVANCY – ADOPTION SCHEDULED FOR JULY 16, 2007 AT 6:00PM – TABLED*****

B Adams – hunting land lost. Nature Conservancy denies hunting.

Pickering – land preserved for recreation and preservation including deer hunting.

Adams – Preservation bought land and only 18 permits issued. Deed restricted to allow hunting. No restrictions on no permits

 

  1. RESOLUTION NO. 169-07 – APPROVING PAYMENT FOR ALL BILLS – 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 payment for the following bills in the amounts indicated are hereby approved:

                                    Dedicated Trust                         $     7,731.28    

                                    Current Acct.                             $     804,786.51

 

  1. RESOLUTION NO. 170-07 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Mayor Doughty seconded by Committeemember Barry 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 2, 2007 are hereby approved.

 

  1. REPORTS: The following reports have been received for the months indicated below:  Municipal Court for the month of March; Treasurer for the months of February and March; Police Department for the month of March; Zoning Official revising the month of February; Solid Waste/ Recycling Compliance Report for the month of April;  Tax Collector for the month of March;

 

  1. RESOLUTION NO. 171-07 – READ BUDGET BY TITLE ONLY - ADOPTION – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S. 40A:4-8 provides that the budget be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved budget as advertised has been posted in the Township Municipal Building and copies have been made available by the Township clerk to persons requiring them; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE, BE IT RESOLVED that the budget shall be read by title only.

 

  1. PUBLIC HEARING ON 2007 MUNICIPAL BUDGET:

M. Flipski – Twp developing quickly accruing more county tax. Costing us more. What can be done?

Ortman – Surplus to budget. A lot of jeopardy next year. Address spending.

Flipski – How?

Ortman – Committee with a lot of hard decisions

Jackson – 2007 county .1515. Lower?

Ortman – my calculation estimate final equitation table

Jackson – Sheet showing under 100% evaluation. Misleading public.

S Kelly – Taxpayers need confidence in board that they will do the right thing. Don’t need process to go on and on and on. Reps need to understand that we don’t have confidence- no one protecting “our” interest.

P. Mathis – tax bill – REAP?

Alexis – shared service – state decided not to fund it.

E. FaulseyBudget .. other expenses?

Alexis – various items such as mileage, committee activities, mailings, etc.

Faulsey – items to control. Salaries of part timers & benefits/ Part timers w/o benefits.

S. Thompson – assessment + taxes – cant afford to live

Karen Padmore – Twp liability to have it done right

B Admas – revaluation more $

V. Polmbo – tax freeze – inform seniors.

Pickering – income based… town has no way of knowing seniors income.

 

 

  1. RESOLUTION NO. 172-07 – ADOPT 2007 MUNICIPAL BUDGET – On motion by Mayor Doughty seconded by Committeemember Barry 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 2007 was introduced and approved at a regular meeting of the Township Committee held on March 19, 2007 and was thereafter advertised in the Herald-Times in its issue on April 4, 2007which 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 2007 was hereby read by title only, and had public hearing on April 16, 2007.

FURTHER RESOLVED, that the Summary of Appropriations be made part of this resolution for the adoption of the budget for the year 2007, and

FURTHER RESOLVED, that the Local Budget of the Township of Middle for the year 2007 is hereby adopted without amendment.

 

  1. RESOLUTION – EMERGENCY TEMPORARY BUDGET AMENDMENT – On motion by           seconded by                    and passed on roll call, the following resolution was adopted. – TABLED**

 

  1. RESOLUTION NO. 173-07 – PERSON TO PERSON TRANSFER OF CAMPGROUND LICENSE 10 – NORTH WILDWOOD CAMPGROUND – On motion by Mayor Doughty           seconded by      and passed on roll call, the following resolution was adopted. Committeemember DeLanzo ABSTAINED

WHEREAS, Richard and Bonnie Lynch is the holder in good standing of Campground License # 11, North Wildwood Campground, located on Block 166, Lot 91, also known as 240 W Shellbay Avenue, CMCH, and

WHEREAS, Mr & Mrs Lynch has made application to transfer said license to NW Campground, LLC., sub of H. Wayne Klekamp Inc. and

WHEREAS, all legal requirements for said transfer have been fulfilled.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that Campground License # 10 be and hereby is transferred into the name of NW Campground Inc. sub of H. Wayne Klekamp Inc.

 

  1. RESOLUTIONNO. 174-07 – APPROVAL FOR PAYMENT TERMINAL LEAVE – HARRY MICHAEL LAWRENCE – On motion by Mayor Doughty seconded by Committeemember Barry                    and passed on roll call, the following resolution was adopted.

WHEREAS, Harry Michael Lawrence has submitted his retirement forms with an effective date of March 1st, 2007, and

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

            WHEREAS, final payment is requested to be made during the month of May, 2007, 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.

Harry Michael Lawrence

            Vacation Days               17                                                                       1,519.12

            Sick Days                     15                                                                       1,340.40

            Personal Days               3                                                                           268.08        

            Balance Due                                                                                        $  3,127.60

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.

________________________________                            April 3, 2007

Tracey DeVico Taverner, CFO

           

  1. RESOLUTION NO. 175-07 – ACKNOWLEDGEMENT OF RESIGNATION – On motion by Mayor Doughty seconded by Committeemember Barry 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

Pamela Sheppard

Public Safety

06/08/2007

 

  1. RESOLUTION NO. 176-07 – APPROVE APPLICATION FOR BINGO LICENSE – VOLUNTEER FIRE COMPANY NO. 1 – On motion by Mayor Doughty seconded by Committeemember Barry 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.

 

  1. RESOLUTION NO. 177-07 – AWARD OF BID – SEWAGE GRINDER/ MOTOR CONTROLLER – On motion by Mayor Doughty seconded by Committeemember Barry                    and passed on roll call, the following resolution was adopted.

WHEREAS, it has been deemed necessary and desirable to solicit bids for a Sewage Grinder / Motor Controller (Comminutor), and

WHEREAS, sealed bids were received on March 2, 2007, 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 a Sewage Grinder/ Motor Controller (Comminutor) be and hereby is awarded to:

JWC Environmental -- $25,198.00

FURTHER BE IT RESOLVED, that this award is conditioned upon certification of availability of funds.

  1. RESOLUTION NO. 178-07 – AWARD OF CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – VINELAND FIREWORKS COMPANY INC. – FIREWORKS DISPLAY – 4TH OF JULY CELEBRATION – On motion by Mayor Doughty           seconded by Committeemember Barry 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, 2007, Middle Township Fourth of July Celebration, be and is hereby ratified and the contract is hereby awarded through the Non-Fair and Open Process as described in Pay-To-Play Statutes.

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

 

  1. RESOLUTION NO. 179-07 – RELEASE OF VEHICLE TITLES – On motion by Committeemember Barry  seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the Township has two (2) police cars that have been removed from active inventory due to irreparable damage, and

WHEREAS, the Township mechanics have salvaged all useable parts from both vehicles and are further requesting the release of vehicle titles so the remainder of the vehicles may be junked.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey that the titles for the following vehicles are hereby released in preparation towards disposition of their remains:

00-A     2000 Ford Crown Vic                  VIN #2FAFP71W0YX195795

03-B     2003 Ford Crown Vic                  VIN #2FAHP71W73X201982

 

  1. RESOLUTION NO. 180-07 – AWARDING CONTRACTS UNDER NON-FAIR AND OPEN PROCESS – STATE OF NEW JERSEY HOUSING & MORTGAGE FINANCE AGENCY – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Township has determined that the value of the following contracts will not exceed $17,500.00 and are renewal contracts from previous years, 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, these contracts are not therefore subject to the provisions of N.J.S.A. 19:44A-20.4 or 20.5, 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 persons are hereby appointed to the positions designated below for the calendar year 2007.

BE IT FURTHER RESOLVED, that a contract be executed by the Township of Middle with each of said persons to supply professional services for the calendar year 2007.

Housing Affordability Control Services ------- NJ Housing & Mortgage Finance Agency

($1500.00 one time startup cost / $3500.00 annual monitoring fee)

 

FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Herald Times for publication.

FURTHER RESOLVED that these contracts are contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

 

  1. RESOLUTION NO. 181-07 – AUTHORIZING MEMBERSHIP IN A MUTUAL AID AND ASSISTANCE AGREEMENT WITH OTHER COUNTY PARTICIPATING UNITS – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, mutual aid and assistance agreements between municipalities, counties, law enforcement agencies, police departments, EMS, fire departments, volunteer fire departments, fire departments situated in fire districts operated by a Board of Fire Commissioners, etc. are permitted pursuant to NJSA 40A:14-26 and 40A:14-156.1, and

WHEREAS, the President of the United States, in Homeland Security Presidential Directive 5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System, which would provide a consistent nationwide approach to Federal, State, local governments and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity,

WHEREAS, it is deemed to be in the best interests of the residents of this municipality  to enter into a mutual aid and assistance with the County of Cape May and other municipalities and entities including but not limited to municipal police, Emergency Medical Service or fore departments, volunteer fire companies or EMS organizations and/or fire districts to provide additional protection against loss, damage or destruction by fire, catastrophe, civil unrest, major emergency or other extraordinary devastation damage or destruction to person and property, in those situations when outside aid and assistance is needed.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey that that the Mayor and Township Clerk of the Township of Middle is hereby authorized to enter into the Cape May County Mutual Aid and Assistance Agreement between Participating Units, a copy of which is attached hereto and made part hereof, on the terms and conditions contained herein.

FURTHER RESOLVED, that a copy of this resolution and an executed copy of the Mutual Aid Agreement shall forthwith be provided to the Cape May County Office of Emergency Management for review and filing as appropriate.

 

  1. RESOLUTION NO. 182-07 – AUTHORIZATION TO CLOSE A PORTION OF DORY AND DOMI DRIVE FOR NEIGHBORHOOD BLOCK PARTY – On motion by Mayor Doughty           seconded by Committeemember Barry 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 is hereby given to close a portion of Dory and Domi Drives on Saturday June 16, 2007 from 12 Noon to 8:00 pm for a neighborhood block party.

 

  1. RESOLUTION NO. 183-07 – CLOSED SESSION – MATTERS OF POTENTIAL LITIGATION – On motion by Committeemember Barry seconded by Mayor Doughty 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 POTENTIAL LITIGATION.

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

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.

 

  1. RESOLUTION NO. 184-07 – PROCLAIMING APRIL AS CHILD ABUSE PREVENTION MONTH IN MIDDLE TOWNSHIP – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the citizens of Middle Township acknowledge that children are Cape May County’s most precious resource and accept an important responsibility to create a caring environment in which our children can flourish and reach their full potential, and

WHEREAS, we take the opportunity of National Child Abuse Prevention Month to renew our commitment towards protecting our most vulnerable citizens from harm, and

WHEREAS, we acknowledge that more than 3 million American children are reported abused and neglected each year, including 40,000 in New Jersey, and we accept the responsibility of working together as a community to eradicate child abuse, and

WHEREAS,  we acknowledge that abused and neglected children face challenges that no child deserve, and understand that the damage caused often results in young people who develop long lasting harmful behaviors that effect both themselves, their future children and their communities, and

WHEREAS, we acknowledge that every occurrence of a child abuse is a human tragedy and that the effects of a child abuse are not only long-lasting and inhumane but costly, taxing the mental health and juvenile justice systems, law enforcement agencies, courts and educational institutions, and

WHEREAS, we pledge as a community to help children become healthy and happy adults by encouraging parents and caregivers to provide our children with love, security, emotional support and a strong connection to their extended families and communities, and

WHEREAS, we freely utilize the privileges and responsibilities of this office to encourage all citizens to become more award of the horrors of child abuse and learn what they can do to support prevention.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey does hereby proclaim April as Child Abuse Prevention Month in Middle Township and further calls upon all citizens, service agencies, organizations, medical facilities, schools and businesses to increase their participation in the efforts to prevent child abuse, thereby strengthening communities and family unity.

FURTHER RESOLVED, that the citizens of Middle Township are asked to participate in DRESS IN BLUE day Friday April 27, 2007 by wearing blue ribbons or clothing and prominently displaying blue ribbons throughout our communities. The Blue Ribbons will commemorate the county-wide effort to show our children that they truly are a priority and worthy of a Blue Ribbon World here in Middle Township.

 

  1. RESOLUTION NO. 185-07 – SUPPORTING RESTORATION OF STATE TOURISM ADVERTISING AND PROMOTION – On motion by Mayor Doughty  seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, Tourism is the second largest industry in the State generating over $37 billion in revenue per year and supports 500,000 jobs, and

WHEREAS, the Tourism industry’s larger contribution to the quality of life for NJ’s citizens is felt everyday by both individual and corporate residents, and

WHEREAS, Tourism is a driving force in generating revenue to the State budget through fees and taxes paid, in a large part, by non residents, and

WHEREAS, those fees and taxes insure to the benefit of every citizen in the State, and

WHEREAS, competition from other out of state destinations and attractions are ever increasing, and

WHEREAS, there is indisputable evidence of the relationship between revenue spent in promoting tourism through advertising and marketing and the success of a tourism destination, and

WHEREAS, NJ ranks in the bottom of money dedicated to marketing the State’s Tourism industry as compared to other states and even some local destinations, and

WHEREAS, the Tourism industry, through the establishment of an occupancy tax on each room night spent in the State’s lodging properties, is currently self funding not only the advertising and promotion activities of the State’s Tourism Office but also the arts and history grants programs, and

WHEREAS, the State has seen fit to dedicate that revenue to tourism advertising in promotion in the establishment of the occupancy tax, and

WHEREAS, last year’s budget drastically reduced that amount.

NOW THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Middle, County of Cape May, New Jersey supports the restoration of the original amount dedicated to tourism advertising and promotion as evidenced in the FY2005 State Budget of $12.25 million, and

FURTHER RESOLVED, that the increase over the proposed FY 2008 amount of $2 million dollar’s be dedicated to funding regional destination marketing organizations as established through industry standard practices for operation.

 

  1. RESOLUTION NO. 186-07 – SOCIAL AFFAIRS PERMIT – WILDWOOD GOLF CLUB INC. – GOLF TOURNAMENT – On motion by Committeemember Barry seconded by Mayor Doughty                     and passed on roll call, the following resolution was adopted.

WHEREAS, The Wildwood Golf Club has applied for approval to sell alcoholic beverages at a Golf Tournament to be held at Wildwood Golf Club Inc., 1170 Golf Club Road, CMCH, on June 6 through 10, 2007 from 11:00 a.m. to 1:00 a.m., 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.

 

  1. RESOLUTION NO. 187-07 – REDUCTION OF PERFORMANCE BOND – WARREN COUPLAND – On motion by Mayor Doughty seconded by Committeemember Barry                   and passed on roll call, the following resolution was adopted.

WHEREAS, $66,902.50 has been held as a performance guarantee of Warren Coupland for site improvements at Block 355.02 Lot 4, also known as 1249 Rte 9 South, Rio Grande, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $65,434.50 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $1,468.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement be and is hereby reduced to $1,468.00.

 

  1. RESOLUTION 188-07– RELEASE OF TRUST ACCOUNTS – On motion by  Mayor Doughty         seconded by Committeemember Barry 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 Accounts as listed on the attached sheets shall be released.

 

  1. RESOLUTION NO. 189-07 – RELEASE OF PERFORMANCE BOND – ACCEPTANCE EXTENSION OF ROAD – PACIFIC AVENUE – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, $16,908.00 (plus interest in the amount of $483.45) is being held as a Performance Guarantee for Garry Gilbert for site plan improvements at Block 308, Lots 1 & 2, also known as Pacific Avenue, Cape May Court House, and

WHEREAS, the Engineer for the Township of Middle has conducted his inspection and observation of the referenced area 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,

WHEREAS, a two- year maintenance bond has been posted with the beginning date of January 2, 2007, and

WHEREAS, the Engineer for the Township of Middle has also recommended that the extension of road be accepted and that the performance bond be released, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond in the amount of $17,391.45 be and is hereby released, and the extension of Pacific Avenue be and hereby is accepted into the Township road system for continuous maintenance.

 

  1. RESOLUTION NO. 190-07 & 191-07 – RELEASE OF PERFORMANCE BOND – JULIE TICE (ITEMS A THROUGH B) – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

(A) WHEREAS, $500.00 plus interest is being held as a Performance Guarantee for Julie Tice for site plan improvements at the Acme Shopping Center/Magnolia Drive, Cape May Court House 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 Account No. 72000 82780 with Commerce Bank in the name of Julie Tice be and is hereby released.

(B) WHEREAS, $500.00 plus interest is being held as a Performance Guarantee for Julie Tice for site plan improvements at the Rio Station Parking Lot, Rte 9 South, Rio Grande 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 Account No. 77601 00552 with Commerce Bank in the name of Julie Tice be and is hereby released.

 

  1. RESOLUTION NO. 192-07 – RELEASE OF PERFORMANCE BOND – SEASHORE FOOD DISTRIBUTORS INC. – On motion by Committeemember Barry seconded by Mayor Doughty                   and passed on roll call, the following resolution was adopted.

WHEREAS, $2,250.00 is being held as a Performance Guarantee for Seashore Food Distributors Inc. for site plan improvements at Block 1434 Lot 16.04, otherwise known as Satt Blvd, 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 Tri-Party Allocation Category Agreement with Sturdy Bank in the name of Seashore Food Distributors Inc. be and is hereby released.

 

  1. RESOLUTION NO. 193-07 – APPROVAL OF ADDITIONAL DRIVER PERMITS – VENDOR LICENSE NO. 8 / SUMMER DAZE ICE CREAM – On motion by Committeemember Barry          seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, the following Company has applied to the Township of Middle for a license to operate an Ice Cream Truck(s) within the confines of the Township of Middle,

WHEREAS, the company now wishes to add additional drivers under said license, and

WHEREAS, this company is in good standing with the Township of Middle and has followed all of the rules and regulations as set forth.

WHEREAS, all regulations and applications have been met and further review by the Police Department show no reason why permits may not be issued.

 

NOW, THEREFORE BE IT RESOLVED, that each of the following permits are hereby approved to be added as follows:

DRIVER                                    PERMIT TYPE                          EFFECTIVE

Brett Reilly

Child Safe Vendor Permit

4/16/2007

Michael Flannery

  1. Child Safe Vendor Permit
  2. Motorized Vendor Driver Permit

4/16/2007

FURTHER RESOLVED, that any license issued pursuant to the terms in accordance with the Code of the Township of Middle shall expire midnight of the 31st day of December of the year in which is issued unless sooner surrendered, suspended or revoked.

 

  1. PUBLIC COMMENT:

 

 

Mayor Doughty – school board election. Walmart before July 4th. Dept heads thank you for attending. Saturday Rec opening day 10am. 7 new teams.

 

E. Fausey – Pass budget … time frame?

 

Pickering – state law requires the passing of budget within deadline. April 30th. Last meeting

 

V. Pombo – Earth Day Saturday 10-4 at Park

 

Carol Miteskic – administrative request. Traffic at proposed mining location Indian Trail. Asking tapes be copied and forwarded to County Planning Board.

 

J Jackson – present budget 4 reason of educational purposes.

 

There being no other business, the meeting was adjourned at 8:25pm:

 

                                                                        __________________________________

                                                                                    James Alexis, Clerk