March 5, 2007

Cape May Court House, NJ

March 5, 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 DeLanzo, Committeemember Barry , Township Clerk James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

ORDINANCE NO. 1250-07 – TO AMEND THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 46 SECTION 46-1 THEREOF, ENTITLED POLICE DEPARTMENT, ESTABLISHMENT AND ORGANIZATION - Following second reading, hearing, and consideration for adoption, Ordinance 1250-07 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

ORDINANCE NO. 1251-07 – ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE - Following second reading, hearing, and consideration for adoption, Ordinance 1251-07 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

Miles Truesdale – questioned section 4 and meaning of Longevity

J. Alexis – explained percentages of longevity and time frame in which an employee was capable of accumulating

Truesdale – 10% pension obligation after 1994?

Alexis – flat rate – no longevity

Truesdale – benchmarking – salary and wage compensation .. how do we compare?

Alexis – have lost employees to other towns due to salary comparison

Steven O-Connor – replaced previous .. what is the difference??

Alexis explained adding of various titles

Frank Brad - job titles all employees? Civil Service? Tax payers no say in hires.

Alexis – all employees have titles

Mayor Doughty – residents have say … you elected us.

ORDINANCE NO. 1252-07 – AN ORDINANCE TO AMEND CHAPTER 48 OF THE TOWNSHIP CODE REGARDING POSTAL ADVISORY COMMITTEE – Following second reading, hearing, and consideration for adoption, Ordinance 1252-07 was adopted on motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

E. Faulsey- asked for explanation

J. Pickering- read explanation into record

Mayor Doughty – meet quarterly

ORDINANCE NO. 1253-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE,

COUNTY OF CAPE MAY AND STATE OF NEW JERSEY MARRIAGE / CIVIL UNION FEES AND CEREMONY - On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, Ordinance No 1253-07 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/02/2007 at 6:00 p.m.

ORDINANCE NO. 1254-07 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY TO LEASE THE GRASSY SOUND FISHING PIER UPON CERTAIN TERMS AND TO PLACE SAID CONCESSION TO BID - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1254-07 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/02/2007at 6:00 p.m.

ORDINANCE NO. 1255-07 - AN ORDINANCE OF THE TOWNSHIP OF MIDDLE,

COUNTY OF CAPE MAY AND STATE OF NEW JERSEY AMENDING CHAPTER 132, EXCAVATIONS AND SOIL REMOVAL On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, Ordinance No 1255-07 passed first reading. Second reading, public hearing and consideration for adoption will be held on 04/02/2007at 6:00 p.m.

Carole Mattessich Ravitz – asked committee to read entire ordinance.

J. Pickering – read ordinance into record

RESOLUTION 83-07 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember DeLanzo 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 payment for the following bills in the amounts indicated are hereby approved:

Dedicated Trust $ 17,278.10

Current Acct. $ 2,446,411.57

RESOLUTION 84-07 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember DeLanzo 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 February 5, 2007 are hereby approved.

REPORTS: The following reports have been received for the months indicated below: Treasurer for the month of January; Tax Collector for the month of January and February; Zoning Official for the month of January and February; Municipal Court for the month of January; Police Department for the month of January; Recycling Compliance Report dated February 2, 2007; Safety Committee dated February 22, 2007; Construction Official for the month of February; Municipal Clerk for the month of February

RESOLUTION 85-07 – RATIFY INTERLOCAL SERVICES AGREEMENT – CAPE MAY COUNTY VOCATIONAL TECHNICAL SCHOOL DISTRICT – SCHOOL RESOURCE OFFICER – 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 of the Township of Middle, the governing body thereof, that the attached Interlocal Agreement for a School Resource Officer with the Cape May County Vocational Technical School District and the Township of Middle, be and is hereby ratified.

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

TABLED ******* RESOLUTION – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – VINELAND FIREWORKS COMPANY INC, - FIREWORKS DISPLAY – 4^th of JULY CELEBRATION – On motion by seconded by and passed on roll call, the following resolution was adopted.

RESOLUTION NO 86-07 – GYPSY MOTH CONTROL PROGRAM – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the gypsy moth Lymantria Dispar, has been found heavily defoliating tree and plant growth in the Township of Middle, and

WHEREAS, continued destruction of foliage may result in loss of valuable forest lands and trees, and

WHEREAS, the Township Committee of the Township of Middle has determined that a gypsy moth control program should be instituted with the State of new Jersey Department of Agriculture and that application for any Federal or State funds available be authorized.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey that the gypsy moth is declared to be a public nuisance and the protection of vegetation or plant life therefrom us deemed to be a subject matter of public welfare, and that all measures deemed necessary, in compliance with the State of New Jersey Department of Agriculture recommendations, is hereby authorized to suppress this forest and shade tree pest.

RESOLUTION NO. 87-07 THROUGH 91-07 – REDUCTION OF PERFORMANCE BOND – (ITEMS A THROUGH E) – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Committeemember Barry Abstained.

87-07 (A) WHEREAS, $96,672.05 has been held as a performance guarantee of Albert Morelli III for site improvements at Block 354.02 Lot 22.02, also known as 28 Indian Trail Rd, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $19,465.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $77,207.05.

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 $77,207.05

88-07 (B) WHEREAS, $21,949.36 has been held as a performance guarantee of Frederick Langford for site improvements at Block 335.01 Lot 2,3,5, also known as Bayberry Drive, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $6,963.80 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $14,985.56.

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 be and is hereby reduced to $78,213.36.

89-07 (C) WHEREAS, $146,587.50 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 S, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $79,685.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $66,902.50.

90-07 (D) WHEREAS, $1,084,139.48 has been held as a performance guarantee of Beazer Homes for site improvements at Block 1436 Lot 19, also known as Rte 9 S, Rio Grande, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $63,619.94 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $1,020,519.54.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond with Fidelity & Deposit Company of Maryland be and is hereby reduced to $1,020,519.54.

91-07 (E) WHEREAS, $28,180.00 plus interest has been held as a performance guarantee of Larry Rutherford for site improvements at Block 348.02 Lot 7, also known as Shunpike Rd, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $7,368.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $20,812.00 plus interest.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Cash Bond with Commerce Bank be and is hereby reduced to $20,812.00.

TABLED **** RESOLUTION – PERSON TO PERSON TRANSFER OF CAMPGROUND LICENSE NO. 11 – SEA PINES CAMPGROUND (OUTDOOR WORLD) – On motion by seconded by and passed on roll call, the following resolution was adopted.

RESOLUTION 92-07 – APPROVE APPLICATION FOR RAFFLE LICENSE – MASH BRANCH – BURDETTE TOMLIN HOSPITAL AUXILIARY – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Mash Branch of the Burdette Tomlin Hospital Auxiliary has applied to Legalized Games of Chance Control Commission for a Raffle Night, and

WHEREAS, the location will be at, 1765 US Hwy 9 N., Swainton, NJ 08210, otherwise known as Sand Barrens Golf Club, 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 Raffle Night September 13, 2007 at the location of 1765 US Hwy 9 N, Swainton, is hereby approved.

RESOLUTION NO. 93-07 – RENEWAL OF GRAVEL PIT PERMITS – 2007 – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the several Gravel Pit Permit Renewal applications listed below have been found to be in proper form, and the fee paid in each case.

NOW THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby renewed for the calendar year 2007:

NO.	NAME OF LICENSE	BLOCK/LOT	ACREAGE	FEE
12	James Overstreet & Andrew Fifer	168 / 2	42.21	600.00
24	T K Sand & Gravel	96 / 17	8.08	96 / 17

FURTHER RESOLVED, that the above licenses be issued upon the conditions set forth by the Township Engineer in the letters attached to each License.

RESOLUTION NO. 94-07 – RELEASE OF PERFORMANCE BOND – STREET OPENING – MITCHELL NICHOLS ENTERPRISES – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted. Committeemember Barry Abstained

WHEREAS, $5,000.00 is being held as a performance guarantee for Mitchell Nichols Enterprises for the street opening located at 4 North 7^th Street, and

WHEREAS, certified Public Works Manager has conducted his inspection and determined that all improvements have been completed, and

WHEREAS, it has been recommended that the performance guarantee for the above stated project be released.

WHEREAS, M. Nichols Enterprises has a rotating Performance Bond with the Township for Street Openings.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the above reference opening has been inspected and approved and the performance bond shall stay in place for future openings.

RESOLUTION NO. 95-07 – AWARD CONTRACT & RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – RICHARD COHEN ASSOCIATES – CANDIDATE TESTING / POLICE – On motion by Committeemember DeLanzo 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 Richard Cohen Associates and the Township of Middle for candidate testing for the police department in the amount of $1400.00, 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.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 1400.00 has been bid for the following service or items candidate testing. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 7-01-25-240-240-299

PO#2070907

_________________________________________

Tracey L. Taverner, CFO

RESOLUTION NO. 96- 07 – ACKNOWLEDGEMENT OF RESIGNATION – 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 the following resignation listed below is acknowledged.

EMPLOYEE POSITION DEPARTMENT EFFECTIVE

Harry Michael Lawrence

Laborer

Public Works Dept

01/25/2007

RESOLUTION NO. 97-07 – AUTHORIZE PARTICIPATION IN STATEWIDE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP) AUTHORIZED UNDER TITLE V OF THE OLDER AMERICANS ACT, KNOWN AS WORKFORCE 55+ (WF 55+) – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle wishes to participate in the Workforce 55+ program as a host agency, and

WHEREAS, this program enables low-income individuals, age 55 and older, to participate and gain valuable new skills and experience, that helps secure meaningful employment and provides valuable services to host agencies and communities.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization is hereby granted participate in the NJ Department of Labor, Workforce 55+ program as furthermore will be the host employer for the following individuals:

Effective Supervisor

Marge Blackburn

2/21/2007

Susan Copson

FURTHER RESOLVED, that Township Clerk/Business Administrator James Alexis is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

RESOLUTION NO. 98-07 & 99-07 – REFUND 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.

98-07 (A) Refund due to overpayment made by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT CK#

4274

6566

17515

212.08

422

442

LICITRA, JOSEPH & MARGARET

9 TIMBERLEA LANE CMCH NJ

LOGUE, JOSEPH M & DIANE L

16 GENEVA AVE DEL HAVEN NJ

BARCAS, MATTHEW & JANNI

18 RUTLEDGE RD DEL HAVEN NJ

1,211.06

491.49

707.46

Refund payable to:

WELLS FARGO HOME MORTGAGE

1 HOME CAMPUS

X2502-011

DES MOINES, IA 50328

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 2007 taxes.

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

99-07 (B) Refund due to overpayment made by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

16681

168

DE ROSA, GERARD N

79 HONEYSUCKLE LANE CMCH, NJ

695.84

Refund payable to:

First American Real Estate Tax Service

Refund Dept

PO Box 961250

Fort Worth, TX 76161-9887

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. 100-07 – ACKNOWLEDGING MARCH AS WOMEN’S HISTORY MONTH – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, The public celebration of women's history in this country began in 1978 as "Women's History Week" in Sonoma County, California. The week including March 8, International Women's Day, was selected. In 1981, Sen. Orrin Hatch (R-Utah) and Rep. Barbara Mikulski (D-Md.) co-sponsored a joint Congressional resolution proclaiming a national Women's History Week. In 1987, Congress expanded the celebration to a month, and March was declared Women's History Month.

WHEREAS, Throughout U.S. history, women of every race and class have made contributions that have helped to shape and strengthen the country

WHEREAS, The contributions women have made to the history of the United States are vast and diverse. Women's History Month provides an opportunity to highlight some these accomplishments.

WHEREAS, Women's History Month centers around International Women's Day, a time to celebrate the accomplishments of women worldwide and to continue the fight for global equality for women and girls.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, is pleased to promote awareness of and appreciation for the historical accomplishments of American women during Women's History Month.

RESOLUTION NO. 101-07 – PROCLAIMING MARCH 12^TH AS “VIM DAY” IN MIDDLE TOWNSHIP – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Volunteers in Medicine of Cape May County opened its doors on March 12, 2002 to serve without charge Cape May County’s uninsured who cannot afford access health care, and

WHEREAS, in its five years of service to the County of Cape May, Volunteers in Medicine (VIM) has serves over 2,000 patients with more than 7,000 visits, and

WHEREAS, doctors, physician assistants, nurse practitioners, nurses, social workers, and citizens have come together to volunteer their time and expertise to provide treatment and care to the uninsured patients of VIM, and

WHEREAS, VIM’s dedication to ensuring VIM patients receive needed medications, through donations of area physicians, support of local pharmacies, use of the pharmaceutical industries plans, and community support, has resulted in over 1 million dollars worth of prescription drugs being provided to those in need, and

WHEREAS, VIM “neighbors caring for neighbors” has taken care of patients in need from all 16 municipalities in Cape May County, and

WHERAS, VIM’s continued presence and commitment impacts not only VIM patients, but the health, well being and quality of life of the entire Cape May County community, and

WHEREAS, VIM will celebrate its fifth anniversary on March 12 and recognize VIM volunteers who are the heart of Volunteers in Medicine.

NOW THEREFORE BE IT RESOLVED, that VIM will celebrate its fifth anniversary on March 12 and recognize VIM volunteers who are the heart of Volunteers in Medicine and furthermore the Township Committee, of the Township of Middle, County of Cape May does hereby proclaim March 12 as “VIM DAY”.

RESOLUTION NO. 102-07 – AWARD OF BID – SKID STEER LOADER - 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 Skid Steer Loader, and

WHEREAS, sealed bids were received on February 1, 2007 at 10:30 a.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 New and/or rebuilt 20 Cubic Yard Packer Body be and hereby is awarded to:

Skid Steer Loader – TriCo Equipment - $ 37, 614.00

(Base bid plus 3 options)

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 $37,614.00 has been bid for the following service or items skid steer loader. 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# 2070908

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION NO. 103-07 – AWARD OF BID – CAB CHASSIS BODY AND BUCKET UNIT COMBINATION – 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 Cab Chassis Body & Bucket Unit Combo, and

WHEREAS, sealed bids were received on February 1, 2007 at 10:00 a.m., and

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

Cab Chassis Body and Bucket Unit Combo – Mobile Lifts Inc. - $61,165.00

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 $61,165.00has been bid for the following service or items Cab Chassis Body. 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# 2070909

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION NO. 104-07 – CLOSED SESSION – PERSONNEL MATTERS AND CONTRACT NEGOTIATION – On motion by Committeemember DeLanzo seconded by Committeemember Barry 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: PERSONNEL MATTERS AND CONTRACT NEGOTIATION

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

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.

RESOLUTION NO. 105-07 – CAPE MAY SEASHORE LINES TRAIN SERVICE – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle has for many years attempted to cooperate with the owner of the Cape Seashore Line train services, and its owner, Mr. Anthony Macrie, to clean up the area in Rio Grande where trains have been stored; and

WHEREAS, the Township of Middle believes that there has not been any attempt to clean up the area and that as a result the trains and train cars have become a nuisance to the area residents, and a haven for criminal activities; and

WHEREAS, the Cape Seashore Line train services, and its owner, Mr. Anthony Macrie, have been the recipients of numerous grants of money from the State and Federal Governments, and numerous incidents of assistance from the State, County, and Local Governments;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, hereby requests of its Federal, State, and County representatives, that any and all currently pending and any future grant applications made by Cape Seashore Line train services, and/or its owner, Mr. Anthony Macrie, shall be immediately denied due to the lack of good citizenship demonstrated to the citizens of the communities it serves, despite the generosity and largesse of the taxpayers to the train service and Mr. Macrie; and

BE IT FURTHER RESOLVED that the Township of Middle requests that its Federal, State, and County representatives notify the Township of Middle of any applications or requests for funds made by Cape Seashore Lines or Mr. Anthony Macrie so that the Township of Middle may make any appropriate responses to oppose such application in the future; and

BE IT FURTHER RESOLVED that this Resolution does not in any way prevent the Township of Middle from pursuing any and all legal remedies available to it to remove this nuisance from its borders.

RESOLUTION NO. 106-07 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – EMPLOYEE CARE CONTRACT – 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 Employee Care and the Township of Middle for the Employee Assistance Program from 4/1/2007 through 3/31/2008, 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.

RESOLUTION NO. 107-07 – AUTHORIZE EXECUTION OF AMENDED MIDDLE TOWNSHIP ESCROW AGREEMENT FOR HOUSING TRUST FUND – 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 Mayor is hereby authorized to sign said Agreement for Housing Trust Fund, dated January 16, 2007, in connection with the Development Fee Ordinance, as amended.

RESOLUTION NO. 108-07 – APPOINTMENT – TRAFFIC ADVISORY COMMITTEE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, there are two recommendations for the vacancies on the Traffic Advisory Committee, and

WHEREAS, the following are the members and terms as appointed:

TRAFFIC COMMITTEE - 3 YEAR TERM
Francis Angelone		12/31/2009
Joseph Liptock		12/31/2009
Catherine Cornell, Chair		12/31/2007
David Webb, Vice Chair		12/31/2007
Arline Angelone		12/31/2007
*Edward Lannigan		12/31/2007
*Arthur Cornell		12/31/2008

TRAFFIC COMMITTEE ADVISORS - 1 YEAR TERM
F. Nathan Doughty, Jr Mayor		12/31/2007
William Day, Representative P.E., NJDOT		12/31/2007
Dale Foster or Re. Of County Engineer		12/31/2007
Lt. Richard Smedberg, Police Dept.		12/31/2007
Vincent Orlando		12/31/2007
William Belles, Jr., Fire & Rescue		12/31/2007

ALTERNATE MEMBER TRAFFIC COMM. - 2 YEAR TERM
*Elizabeth Lannigan		12/31/2008
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