May 7, 2007

Cape May Court House, NJ

May 7, 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.

PINNING OF POPPY ON MAYOR

PRESENTATION OF NEW RECREATIONAL WEBSITE – CHARLES MCDONNELL - *Tabled

ORDINANCE NO. 1261-07 – AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MIDDLE, CHAPTER 121, ENTITLED DOGS AND OTHER ANIMALS - Following second reading, hearing, and consideration for adoption, Ordinance 1261-07 was adopted on motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

R. Shuman – too much money for young children to pay for pets.

ORDINANCE NO. 1262-07 – AN ORDINANCE OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY FOR A ZONING CHANGE TO BLOCK 43 LOT 13 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MIDDLE - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1262-07 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/04/2007 at 6:00 p.m. ROLLCALL VOTE: Committeemember Barry NO

RESOLUTION 194-07 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Barry 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 $ 11,196.54

Current Acct. $ 3,362,686.30

RESOLUTION 195-07 – 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 April 16, 2007 are hereby approved.

REPORTS: The following reports have been received for the months indicated below: Tax Collector for the month of April; Zoning Official for the month of April; Construction Official for the month of April; Municipal Clerk for the month of April;

RESOLUTION 196-07 – AWARD OF BID – HOME REHABILITATION PROGRAM CONTRACT 2006-06 – 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 the Home Rehabilitation Program for Contract No. 2006-1 through 2006-12, and

WHEREAS, sealed bids were received on October 16, 2006 at 1:00 p.m., and

WHEREAS, on November 6, 2006 the Township awarded Contract No. 2006-06 aka Resolution 537-06, to Top of the Line Roofing for $8,500.00, and

WHEREAS, said contractor has failed to sign into a contract for this project, and

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township
of Middle, the governing body thereof, that the contract for the following Home Rehabilitation Programs be and hereby is awarded as described to the next lowest bidder:

Contract No. Lowest RESPONSIBLE Bidder Total Bid Amount

2006-6

246 Rte 47 S

Gemini Builders

$10,775.00

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 $10,775.00 has been bid for the following service or items roof. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:_ R-23-56-880-000-011

PO# 2071777

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION NO. 197-07 – RENEWAL OF GRAVEL PITS – 2007 – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted. Mayor Doughty ABSTAIN

Carol Mattessich asked Committee to read the renewals into record with Block & Lot.

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, and

WHEREAS, the Township Committee finds and concludes that the excavation and soil removal work originally authorized has been in continuous operation during the period of the permit and has been performed in accordance with the conditions under which the original permit was granted, and

WHEREAS, the Township Engineer undertook an inspection of the subject premises and has stated in his letter, “we recommend all licenses to be provided for this period”, and

NOW THEREFORE BE IT RESOLVED, that each of the following permits be and are hereby renewed for the calendar year 2007 and this permit is subject to the rules and regulations as set forth in the code of the Township of Middle known as Chapter 132, further amended by Ordinance NO. 1255-07 (adopted April 2, 2007):

NO.	NAME OF LICENSE	BLOCK/LOT	ACREAGE	FEE
6	Albrecht & Heun, Inc	94/19.02	57.5	600.
7	Albrecht & Heun, Inc	94/19.01	41.03	600.
11	Albrecht & Heun, Inc.	95.03/21	42.64	600.
13	Bradway	1410.01/27	12.23	600.
24	T-K Sand & Gravel Co.,Inc	96/17	8.08	400.

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 198-07 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember DeLanzo 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.

RESOLUTION 199-07 THR 200-07– APPROVE APPLICATION FOR RAFFLE LICENSE – THE NRA FOUNDATION (ITEMS A THROUGH B) – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

199-07 (A) WHEREAS, The NRA Foundation has applied to Legalized Games of Chance Control Commission for a Raffle License, and

WHEREAS, the location will be at 1170 Golf Club Road, CMCH, otherwise known as Wildwood Golf Club Inc., 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 October 20, 2007 at the location of Golf Club Road, CMCH, otherwise known as Wildwood Golf Club Inc., is hereby approved.

200-07 (B) WHEREAS, The NRA Foundation has applied to Legalized Games of Chance Control Commission for a 50/50 Raffle License, and

WHEREAS, the location will be at 1170 Golf Club Road, CMCH, otherwise known as Wildwood Golf Club Inc., 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 (50/50) October 20, 2007, FROM 7:30-10PM, at the location of Golf Club Road, CMCH, otherwise known as Wildwood Golf Club Inc., is hereby approved.

CONTINUATION OF 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

REMINDER - “SPRING” FREE YEARD SALE TO BE HELD SATURDAY, MAY 26, 2007

RESOLUTION 201-07 – TITLE CHANGE – PAMELA SHEPPARD – 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 following employee is hereby approved to the Title Change opposite their name:

Name	From	To	Department	Eff. Date
Pamela Sheppard	Senior Clerk Typist	Principal Clerk Typist	Public Safety	05/07/2007

RESOLUTION 202-07 – AUTHORIZING PURCHASE UNDER STATE CONTRACT FOR COPIER MACHINE – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, there is a need to purchase copier machines for the Township of

Middle, in the County of Cape May, State of New Jersey; and

WHEREAS, machines will be leased for the following departments:

Vital Statistics

WHEREAS, this can be purchased through State Contract # A51464, and

WHEREAS, public bids are not required when the purchase is under State Contract in accordance with 40A:11-12 of the Local Public Contracts Law.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Chief Finance Officer is hereby authorized and directed to approve and forward a Purchase Order to:

American Express Business Finance

1851 East First St., Suite 450

Santa Ana, CA 92705

For the lease/purchase of copier machines

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 2900.00 has been bid for the following service or items COPIER It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 7-01-31-462-462-299

PO#2071779

_________________________________________

Tracey DeVico Taverner, CFO

RESOLUTION 203-07 – CANCELLATION OF TAXES – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

CANCELLATION OF TAXES DUE TO 100% PERMANENTLY AND TOTALLY DISABLED VETERAN

Mr. Walsh is eligible for this exemption as of January 1, 2007.

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

17381

1425.06

Walsh, Michael F& Maureen A

Property Location: 21 Centennial Drive

Rio Grande, NJ 08242

1,860.71 1^st half of 2007

Taxes

RESOLUTION 204-07 thr 206-07 – REFUND OF TAXES (ITEMS A THROUGH C) – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

204-07 (A) Refund due to 100% totally disabled American Veteran

As stated on the attached County Tax Board judgment Mr. Walsh is eligible for this exemption as of January 1, 2007.

ACCT BLOCK LOT OWNER/LOCATION AMOUNT

17381

1425.06

Walsh, Michael F & Maureen A

Property Location: 21 Heritage Drive

Rio Grande, NJ 08242

930.36

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.

205-07 (B) Refund due to overpayment made by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT CK#

1395

1696

1748

1938

1999

2597

16111

6566

6674

6963

11771

15381

12953

14638

56.02

56.05

95.03

129

166

422

428

470

944

1099

1109

1472

Wnek, Douglass J & Amber E Pitts

205 Avocado Rd CMCH NJ

Wiseley, Stephen P & Michelle M

514 Hand Ave CMCH, NJ

Kane, Jefferson L

14 Ellen Ave CMCH, NJ

Giafes, Robert & Linda

465 CH SO Dennis Rd CMCH, NJ

Ernst, Damon R & Amy M

73 Swainton Goshen Road CMCH, NJ

Link, Robert & Adelmarie ETAL

8 Meridian Lane CMCH, NJ 08210

Kennedy, Patrick & Barbara L

24 Fishing Creek CMCH, NJ

Logue, Joseph M & Diane L

16 Geneva Ave Del Haven, NJ

Singer, Shirley M

1 Lafayette Ave Del Haven, NJ

Scull, Steven J

2 English Way CMCH, NJ

Crawley, Marcus R & Barbaretta

116 Sumner Street Whitesboro, NJ

Mungen, Mark & Gina

1002 Bayview Road Rio Grande, NJ

Davis, Donna M

1000 Poplar Ave Rio Grande, NJ

Hedley, Robert E Jr & Joyce A

105 Linden Lane Rio Grande, NJ

889.01

815.44

549.14

862.83

956.11

742.47

1,032.09

491.48

617.16

412.08

263.35

699.99

639.45

559.24

Refund payable to:

First American Real Estate Tax Service

Refund Department

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.

206-07 (C) Refund due to overpayment made by Mortgage Company

ACCT BLOCK LOT OWNER/LOCATION AMOUNT CK#

5629

341

DENIS, JOHN P & MARTINA

1006 GOLF CLUB ROAD

497.24

Refund payable to:

WELLS FARGO HOME MORTGAGE

1 HOME CAMPUS

X2502-011

DES MOINES, IA 50328

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

RESOLUTION 207-07 – APPOINTMENTS – NEW HIRE – 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, County of Cape May, State of New Jersey, that the following employees are hereby appointed to the following position at the salaries opposite their names:

NAME	DEPARTMENT	TITLE	WAGE	EFF. DATE
Darrell Benjamin	Recreation	Recreational Attendant P/T	$12.39 ph	05/07/07
Adrian Lewis	Recreation	Recreational Attendant P/T	$12.39 ph	05/07/07
Clinton Freeman	Recreation	Recreational Attendant P/T	$12.39ph	05/07/07

RESOLUTION 208-07 – AUTHORIZING APPLICATION FOR GRANT FROM UNITED STATES DEPARTMENT OF AGRICULTURE – DEPARTMENT OF RURAL DEVELOPMENT – RURAL HOUSING SERVICE – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle intends to file an application for a grant in the amount of $50,000.00, with the United States Department of Agriculture – Rural Development – Rural Housing Service.

NOW THEREFORE BE IT RESOLVED, that Blauer Associates be authorized to act as the Authorized Representative to represent the Township of Middle in all matters relating to the project undertaken pursuant to the above referenced United States Department of Agriculture – Rural Development – Rural Housing Service Grant. The Authorized Representative may be contacted at 164 ½ Washington Street, Carbondale, PA 18407.

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said documents.

RESOLUTION 209-07 – CANCELING OUTSTANDING CHECKS – GENERAL ACCOUNT – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, there are certain checks that have been outstanding in the Middle Township General Account for a period of more than six months, and

WHEREAS, it is the desire of the Township Treasurer to return these funds to the Middle Township General Account.

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 the following checks be and hereby are canceled and will be returned to the General Account of the Township of Middle.

General Account

34380 6/19/06 Treasurer $3,290.00

34426 7/03/06 Del Marketing $1,268.09

34726 8/07/06 Whiteman, Robert $35.12

34779 8/07/06 Verizon $1,567.84

34862 8/21/06 Hansen, Henriette $11.90

35291 10/16/06 Cape Power Equipment $116.64

RESOLUTION 210-07 – CANCELING OUTSTANDING CHECKS – RECREATIONAL TRUST ACCOUNT – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, there are certain checks that have been outstanding in the Middle Township Recreational Trust Account for a period of more than six months, and

WHEREAS, it is the desire of the Township Treasurer to return these funds to the Middle Township Recreational Trust Account.

Recreational Trust Account

7176 09/05/06 Cardaci, Tina $100.00

7212 10/16/06 State of New Jersey $600.00

RESOLUTION 211-07 – ESTABLISH DEDICATION BY RIDER FOR PARKING OFFENSES ADJUDICATION ACT PURSUANT TO PL 1989 CHAPTER 137 – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, Public Laws 1989 Chapter 137 allows municipalities to receive amounts incurred for parking offenses, and

WHEREAS, NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,

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 as follows:

1. Township Committee hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for parking offenses as per NJSA 40A:4-39.

2. The municipal clerk of the Township of Middle is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

RESOLUTION NO. 212-07 – ESTABLISH DEDICATION BY RIDER FOR DEVELOPER’S ESCROW FUND PURSUANT TO NJS 40:55D-53.1 – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Public Laws 1989 Chapter 137 allows municipalities to receive amounts incurred for developer’s escrow, and

WHEREAS, NJSA 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,

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 as follows:

3. Township Committee hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for developer’s escrow as per NJSA 40A:4-39.

4. The municipal clerk of the Township of Middle is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

RESOLUTION NO. 213-07 – APPROVE PAYMENT TERMINAL LEAVE – ROBERT PENROSE – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, Robert Penrose has submitted his retirement forms with an effective date of April 13^th, 2007, and

WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated 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.

Robert Penrose

Vacation Days 6.25 1,274.00

Personal Days .75 152.88

Balance Due $ 1,426.88

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

_______ ________________________ May 7, 2007

Tracey DeVico Taverner, CFO

RESOLUTION 214-07 – AMEND DEPOSITORY CURRENT FUNDS – 2007 – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. Mayor Doughty ABSTAIN

BE IT FURTHER RESOLVED, that the Sturdy Savings Bank shall be the depository for the following account of the Township of Middle for the year 2007, and that all disbursements shall be made by checks signed by the following:

ACCOUNT DISBURSEMENT OFFICER

Clerk Township Clerk, Deputy Clerk (In the Absence of the Township Clerk)

Tax Collector Tax Collector

TTL Redemption Tax Collector, Designated Tax Clerk

Construction Official Construction Official, Building Inspector

Chief Financial Officer

Municipal Court Municipal Judge, Court Administrator, Deputy Court Administrator

Bond Account Municipal Judge, Court Administrator, Deputy Court Administrator

Current

General Checking Account) Chief Financial Officer, Mayor, Clerk, Deputy Clerk

Trust Account - Other ) Chief Financial Officer, Mayor, Clerk, Deputy Clerk

Forfeited Monies) Chief Financial Officer, Mayor, Clerk, Deputy Clerk

General Capital Account Chief Financial Officer

Urban Development Action Chief Financial Officer

Public Assistance Chief Financial Officer

Trust Fund #2

Public Assistance Petty Cash Fund Chief Financial Officer, Business Administrator

Middle Township Municipal Chief Financial Officer

Alliance Committee (Dedicated by Rider)

Housing Rehabilitation Chief Financial Officer

Revolving Fund

Utility Account Chief Financial Officer

Utility Escrow Account Chief Financial Officer

Utility Capital Account Chief Financial Officer

Green Acres Chief Financial Officer

Date Chief Financial Officer

BE IT FURTHER RESOLVED, that Commerce Bank, of New Jersey shall be the depository for all of the following current funds, of the Township of Middle, for the year 2007, and that all disbursements shall be made by checks signed by the following:

ACCOUNT DISBURSEMENT OFFICER

Payroll (SS & Withholding) Chief Financial Officer

Unemployment Trust Chief Financial Officer

Recreation-Ded. Trust Fund Chief Financial Officer

Public Assistance Trust Fund

Dog Tax

Accumulated Absences Trust Fund &n