May 21, 2007

Cape May Court House, NJ

May 21, 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.

PRESENTATION – MIDDLE TOWNSHIP HIGH SCHOOL MOCK TRIAL TEAM

PRESENTATION – MIDDLE TOWNSHIP HIGH SCHOOL WRESTLING TEAM - *Tabled

MIDDLE TOWNSHIP 3^RD ANNUAL DRUM FISH TOURNAMENT

Thanks were given to the following Door Prize Donors:

Boater’s World, Avalon Coffee, Hugit’s, Grassy Sound Marina, Rodia’s Bait & Tackle, Green Creek Carpet, Pool Zone, Pier 47, Steve Committeemember Barry, Just Sports, Kindle Ford, Doctor’s Inn, Menz’s Restaurant, Smokey of Smokey’s Marina and Atkinson’s Tavern

Winners:

1^st Place: Captain Steven Deyman of the Chunky Monkey, Shaun Deyman, Shaun Deyman Sr.

2^nd Place: Captain Harry Cowan Jr of the Just Right II, Harry Cowan II, Michael Loefflad & Kevin

3^rd Place Tie: Captain Steve Beer of the Sea Caper, Brian Baker, Sean Canon & John Beer

Captain Paul May of Mays Lady, George Tozour, Ken Raher & Bob Ash

4^th Place: Captain Maurice Stapleford, Bruce Stapleford & BruceStapleford Jr.

5^th Place: Captain Ed Johnson of Hooked Again, Dick Parker, Pop Pop Dennis& Jeff Severance

RESOLUTION NO. 224-07 – 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 $ 8,269.71

Current Acct. $ 947,846.44

RESOLUTION NO. 225-07 – 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 May21, 2007 are hereby approved.

REPORTS: The following reports have been received for the months indicated below: Municipal Court for the month of April; Treasurer for the month of April;

RESOLUTION NO. 226-07 – CANCELING OUTSTANDING CHECKS – BAIL ACCOUNT OF MIDDLE TWP COURT – 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 Court – Bail Account for a period of more than six months, and
WHEREAS, it is the desire of the Middle Township Court Administrator 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.
Bail Account
2098                                        10/27/04                                 Maria Palermo                       $250.00
2251                                        3/09/05                   Sarah Cope                                            $1.00
2332                                        5/17/05                   William Montgomery                          $125.00
2341                                        5/23/05                   Dominic Celli                                         $1.00
2514                                        9/13/05                   Donna Rambo                                       $80.00
2740                                        3/13/06                   James Palmisano                                  $125.00
2866                                        6/15/06                   Olawale Oke                           $11.00
2983                                        9/07/06                   Raymond Amendola               $19.00

RESOLUTION NO. 227-07 – CANCELING OUTSTANDING CHECKS – GENERAL ACCOUNT OF MIDDLE TWP. COURT – 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 Court – General Account for a period of more than six months, and

WHEREAS, it is the desire of the Middle Township Court Administrator 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

1347 2/16/05 William Hulme $5.00

1348 2/16/05 Jillian Mixer $10.00

1533 8/07/06 Peebles $35.12

1559 8/10/06 Peebles $75.00

1563 8/10/06 William Hulme $10.00

RESOLUTION NO. 228-07 – APPROVE TONNAGE GRANT 2006 – On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Mandatory Source separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs, and

WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs, and

WHEREAS, the New Jersey Department of Environmental Protection and Energy is promulgating recycling regulations to implement the Mandatory source Separation and Recycling Act, and

WHEREAS, the recycling regulations impose municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality, and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and indicate the assent of the Middle Township Committee to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations, and

WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Township committee of the Township of middle that the Township of Middle does hereby endorse the submission of a Municipal Recycling Tonnage Grant Application to the New jersey Department of Environmental Protection and Energy, office of Recycling and designates James Alexis, Municipal Recycling coordinator to ensure that the said Application is properly filed; and

FURTHER RESOLVED, that the moneys received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

RESOLUTION NO. 229-07 – AUTHORIZE MAYOR TO EXECUTE DISCHARGE OF MORTGAGE HOUSING REHABILITATION GRANT – 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 Mortgage Housing Rehab Grant for the following property are hereby discharged:

18 N 10^th Street, Del Haven, NJ 08251

FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign said Discharge of Mortgage.

RESOLUTION NO. 230-07 – CLOSED SESSION – MATTERS OF PERSONNEL & POTENTIAL LITIGATION – 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: MATTERS OF PERSONNEL AND POTENTIAL LITIGATION

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

RESOLUTION NO. 231-07 – RESOLUTION ESTABLISHING: 1. FAIR AND OPEN PROCESS FOR CONTRACTS 2. CRITERIA TO BE CONSIDERED IN AWARDING CONTRACTS; AND 3. POSITIONS FOR WHICH PROPOSALS SHALL BE SOLICITED – On motion by Committeemember Barry seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

WHEREAS, N.J.S.A. 19:44A-20.4 et. seq. requires that contracts with a value exceeding $17,500 be awarded pursuant to a “fair and open” or “non-fair and open” process; and

WHEREAS, the Township Committee feel the best interests of the residents of Middle Township would be best served by the Township requesting proposals and qualifications, and considering and awarding contracts by use of a Fair and Open process; and

WHEREAS, the Township Committee desires to establish the Fair and Open Process; and

WHEREAS, the Township Committee desires to establish the criteria for the consideration of proposals and qualifications, and the award of Contracts submitted in accordance with the Fair and Open Process; and

WHEREAS, the Township Committee desires to establish the positions which for the year 2007 shall be subject to the Fair and Open Process and also where stated below additional criteria for certain position; and

WHEREAS, the Township Committee has decided to go beyond what is required by the state statute and to submit all professional services contracts to the Fair and Open process, even those that are below the $17,500.00 threshold;

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that:

1. THE FAIR AND OPEN PROCESS

A. The Township Committee of the Township of Middle has determined that the following procedure constitutes a fair and open process and shall be the manner in which requests for proposals and qualifications are sought, accepted, and awarded:

1. A request for proposals and qualifications shall be publicly advertised on the Township of Middle’s internet website beginning on May 23, 2007 and continuing on the website through May 25, 2007;

2. The Township shall accept proposals until 10:00 AM on June 8, 2007.

3. Proposals shall be in a sealed envelope addressed to:

James Alexis

Clerk - Township of Middle

33 Mechanic Street

Cape May Court House, NJ 08210

The envelope shall also state the name of the person or entity submitting the proposal and the position for which the proposal is submitted.

4. The envelope shall contain one original and three copies of the proposal.

5. The proposal shall include (this is mandatory) at a minimum, a statement of the following:

A. Qualifications and Experience of person or entity specifically with regard to the position sought

B. Scope of Services proposed to be provided

C. Contact Information, including name, address, phone number, email address

D. Fee Proposal

E. Office Staffing Plan and Resources

F. Location of Office from which services shall be provided

G. References

H. Potential Conflicts

I. New Jersey Business Registration

6. On June 8, 2007 at 10:00 AM, James Alexis shall open each of the proposals and shall announce the proposals received by name, and a short summary of the proposal and qualifications.

7. The proposals shall be submitted to Township Committee for consideration at its meeting on June 18, 2007 at 6:00pm at which time Township Committee may award a contract by approving a resolution, or, it may choose to award at the next regularly scheduled Township Committee meeting. If a majority votes to seek interviews, interviews may be held between Township Committee and the person or entity that submitted proposals. Township Committee may send proposals to Township Board’s or Agency’s for consideration and approval as is appropriate.

2. CRITERIA BY WHICH REQUESTS FOR PROPOSALS AND QUALIFICATIONS SHALL BE EVALUATED

A. The Township of Middle hereby discloses in writing that all of the submissions in response to the Request for Proposals and Qualifications submitted through the fair and open process described above, will be evaluated by the Township Committee of the Township of Middle and awarded or rejected on the basis of the following criteria. Proposals will be evaluated by the Township Committee of the Township of Middle on the basis of the most advantageous, price and other factors considered. The evaluation will consider:

1. Experience and reputation in the field

2. Knowledge of the Township of Middle and the subject matter to be addressed under the contact

3. Availability to accommodate any required meetings of the agency

4. Compensation proposal

5. Other factors if demonstrated to be in the best interest of the Township of Middle

B. The following criteria, found under the competitive contracting rules at N.J.A.C. 5:34-4.2, if determined to be of assistance, may also be considered by Township Committee. These criteria are not intended to be limiting or all-inclusive, and they may be adapted or supplemented in order to meet the Township Committee’s needs. No criteria will unfairly or illegally discriminate or exclude otherwise capable vendors.

I. Technical criteria:

a. Proposed methodology:

i. Does the vendor’s proposal demonstrate a clear understanding of the scope of work and related objectives?

ii. Is the vendor’s proposal complete and responsive to the specific RFP requirements?

iii. Has the past performance of the vendor’s proposed methodology been documented?

iv. Does the vendor’s proposal use innovative technology and techniques?

v. Are sound environmental practices such as recycling, energy efficiency, and waste reduction used?

II. Management criteria:

a. Project management:

i. How well does the proposed scheduling timeline meet the agency’s needs?

ii. Is there a project management plan?

b. History and experience in performing the work:

i. Does the vendor document a record of reliability of timely delivery and on-time and on-budget implementation?

ii. Does the vendor demonstrate a track record of service as evidenced by on-time, on-budget, and contract compliance performance?

iii. Does the vendor document industry or program experience?

iv. Does the vendor have a record of moral integrity?

c. Availability of personnel, facilities, equipment and other resources:

i. To what extent does the vendor rely on in-house resources vs. contracted resources?

ii. Are the availability of in-house and contract resources documented?

d. Qualification and experience of personnel:

i. Documentation of experience in performing similar work by employees and when appropriate, sub-contractors?

ii. Does the vendor make use of business capabilities or initiatives that involve women, the disadvantaged, small and/or minority owned business establishments?

iii. Does the vendor demonstrate cultural sensitivity in hiring and training staff?

III. Cost criteria:

a. Cost of goods to be provided or services to be performed:

i. Relative cost: How does the cost compare to other similar proposals?

ii. Full explanation: Is the price and its component charges, fees, etc., adequately explained or documented?

b. Assurances of performance:

i. If required, are suitable bonds, warranties, or guarantees provided?

ii. Does the proposal include quality control and assurance programs?

c. Vendor’s financial stability and strength:

i. Does the vendor have sufficient financial resources to meet its obligations?

III. REQUEST FOR PROPOSALS AND QUALIFICATIONS ARE SOUGHT FOR THE FOLLOWING POSITIONS

A. Hydrographic Survey by Certified/Licensed Engineer – Hydraulic Survey of Middle Township’s navigable channels and harbors in the vicinity of the Avalon Manor region of the Township, to include Leonard Thorofare, South Channel and Avalon Manor Lagoon commonly called Sterback Harbor.

The engineer and/or engineering firm submitting a response to this proposal must show that they have the qualifications to complete the hydraulic survey and have experience in hydraulic surveys as well as dredging activities in Cape May County and preferably in Middle Township and/or Avalon Borough.

RESOLUTION NO. 232-07 & 233-07 – RATIFY AMENDMENT TO LEASE AGREEMENT WITH COMCAST FOR RADIO COMMUNICATIONS (ITEMS A THROUGH B) – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

232-07 (A) WHEREAS, the Township of Middle and Comcast of Wildwood LLC, has entered into a certain Antenna Site Lease Agreement , dated October 15, 2004, respecting certain real property located at 301 Swainton-Goshen Road, located in Cape May Court House, otherwise known as Block 51 Lot 78, and

WHEREAS, both parties wish to amend the Lease as set forth in said Agreement attached hereto and made part of this Resolution.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, that the lease is hereby amended and that the appropriate officials are hereby authorized and directed to sign said contract.

233-07 (B) WHEREAS, the Township of Middle and Comcast of Wildwood LLC, has entered into a certain Antenna Site Lease Agreement , dated October 15, 2004, respecting certain real property located at 308 North Railroad Avenue, located in Rio Grande, otherwise known as Block 1434 Lot 17, and

WHEREAS, both parties wish to amend the Lease as set forth in said Agreement attached hereto and made part of this Resolution.

RESOLUTION NO. 234-07 – AMEND AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – MICHAEL FRALINGER – CONFLICT ENGINEER – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township has previously approved the ratification and award of a contract for Fralinger Engineering pertaining to Conflict Engineering Services, aka Resolution NO. 165-07 dated April 2, 2007, and

WHEREAS, it has been deemed necessary to amend said resolution to exceed the previously “do not exceed amount” of $5,000.00 to cover additional cost associated with said project.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Michael Fralinger and the Township of Middle for the Conflict Engineer services, 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 $ Total Contract Not To Exceed $10,000.00 has been bid for the following service or items conflict engineer. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 7-01-20-165-165-249

PO#2071310

RESOLUTION NO. 235-07 – 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 machine for the Township of

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

WHEREAS, machine will be leased for the following departments:

1. Recreation Department

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:

STEWARD BUSINESS SYSTEMS

For the lease/purchase of copier machines

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of

$1928.00 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:7-01-28-370-370-342

PO# 2071924

RESOLUTION NO. 236-07 – APPROVE TEMPORARY STORAGE STRUCTURE – FITZPATRICK FAMILY – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Robert & Nancy Fitzpatrick of 61 Reeds Beach Road have requested permission to leave a temporary trailer at said residence for the storage of household items during the construction of their new home, and

NOW THEREFORE BE IT RESOLVED, that authorization for placement of a temporary trailer is hereby granted by the Township Committee, the governing body of the Township of Middle, at the location of Block 36 Lot 6, otherwise known as 61 Reeds Beach Road.

FURTHER RESOLVED, that the trailer may remain for a six (6) month time period effective June 1, 2007.

RESOLUTION NO. 237-07 – PROCLAIMING MAY AS NEW JERSEY UNDERGROUND DAMAGE PREVENTION MONTH – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the State of New Jersey recognizes that the issue of public safety is a critical concern, and that underground facilities such as oil, water, sewerage, gas , electric, communication and cable lines represent a significant component of public safety, and

WHEREAS, utilities, municipalities, and pipeline companies operate such facilities below ground in every municipality of New Jersey, and

WHEREAS, if not properly identified, recorded and marked, these underground facilities beneath excavation or digging sites can be an immediate and future danger to the excavator or surrounding property owners, and

WHEREAS, the Underground Facilities Protection Act sets out statutes and regulations that provide a framework for responsible reporting, marking, and excavating in order to ensure public safety, and

WHEREAS, the New Jersey Board of Public Utilities oversees the implementation of legislation governing underground facilities in the State, and has been authorized by the Federal Communications Commission to direct the use of N11 Dialing codes in the state, and

WHEREAS, 8-1-1 has been designated as the national dialing code dedicated to access state one-call centers.

NOW THEREFORE, by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, proclaims May 2007 as “New Jersey Underground Damage Prevention Month” and further commends the New Jersey Board of Public Utilities and underground facility personnel for their commitment to the safety of New Jersey residents.

RESOLUTION NO. 238-07 – AUTHORIZE EXTENSION OF BANNER PLACEMENT – WALMART – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Walmart located at 3159 Rte 9 South, Rio Grande, is scheduled to open in roughly 9 or so weeks, and

WHEREAS, a permit is being obtained by East Coast Sign Advertising for the placement of “Grande Opening” banner through the Middle Township Zoning Office with an expiration date of June 18, 2007, and

WHEREAS, they are further requesting an additional 28 days for this banner to be hung.

NOW THEREFORE BE IT FURTHER RESOLVED, that East Coast Sign Advertising, acting on behalf of WalMart, is hereby authorized to extend the placement of One (1) Grand Opening Banner for an additional 28 days, to be removed by July 17, 2007.

FURTHER RESOLVED, that certified copies of this resolution shall be transmitted to the Construction Office, Zoning Office and the Office of Code Enforcement for their records.

CORRESPONDENCE RECEIVED: NJ DEP, SOLID & HAZARDOUS WASTE MANAGEMENT PROGRAM; DRAFT SOLID WASTE FACILITY PERMIT – CMCMUA TRANSFER STATION.

RESOLUTION NO. 239-07 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – GRANT PREPARATION AND SUBMISSION –PHASE III WHITESBORO SCHOOL RENOVATION PROJECT - BLAUER ASSOCIATES – 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 Mark Blauer of Blauer Associates, Inc. and the Township of Middle for Grant Preparation and Submission in regards to Phase III Whitesboro School Project, 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.

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 person is hereby appointed to the position designated below.

Blauer Associates – Grant Preparation and Submission – Whitesboro School Renovation Project Phase III - $1500.00

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 1500.00 has been bid for the following service or items Grant App. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:7-01-20-130-131-299

PO# 2071925

RESOLUTION NO. 240-07 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – GRANT PREPARATION AND SUBMISSION – DCA PHASE II HOME REHABILITATION PROJECT - BLAUER ASSOCIATES – 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 Mark Blauer of Blauer Associates, Inc. and the Township of Middle for Grant Preparation and Submission in regards to Phase II Home Rehabilitation Project, 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.

Blauer Associates – Grant Preparation and Submission –Phase II Home Rehabilitation Project

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ 1500.00 has been bid for the following service or items grant app. 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#2071926

RESOLUTION NO. 241-07 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – TRAFFIC RADAR MAINTENANCE - R & R RADAR INC. – On motion by Committeemember Barry 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 Agreement between R & R Radar Inc. and the Township of Middle for Traffic Radar Maintenance, 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.

Traffic Radar Maintenance – R & R Radar Inc. - $3118.90

BE IT FURTHER RESOLVED that a copy of this Resolution be published in the Herald-Times as required by law.

FURTHER RESOLVED that this contract is contingent upon the certification of availability of funds and submission of State Affirmative Action Certification.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of

$3118.90has been bid for the following service or items Traffic Radar Maintenance. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: 7-01-25-240-240-235

PO# 2071927

RESOLUTION NO. 242-07 – AMEND AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – MICHAEL J. LANGE – APPRAISAL SERVICES – SHELLBAY PUMP – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Township has previously approved the ratification and award of a contract for Michael J. Lange pertaining to appraisal services for the acquisition of a portion of Block 339 Lot 3 for the Shellbay Avenue Pump Station, aka Resolution NO. 60-07 dated February 5, 2007, and

WHEREAS, it has been deemed necessary to amend said resolution to exceed the previously certified amount of $1500.00 to cover additional cost associated with said project.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Michael Lange and the Township of Middle for the appraisal services for the acquisition of a portion of Block 339 Lot 3 for the Shellbay Avenue Pump Station, 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 $ Total Contract Not To Exceed $2,000.00 has been bid for the following service or items appraisal services. It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: C-08-55-947-000-199

PO# 2070509

RESOLUTION NO. 243-07 – AUTHORIZE PLACEMENT OF A TENT – SUN NATIONAL BANK – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Sun National Bank has requested to erect a tent on May 26, 2007 (with a rain date of June 2, 2007), to celebrate the opening of its Rio Grande Branch.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization for placement of a Tent, is hereby given.

RESOLUTION NO. 244-07 – RATIFY AGREEMENT BETWEEN ATLANTICARE REGIONAL MEDICAL CENTER AND MIDDLE TOWNSHIP EMS – MICU TRANSPORT BILLING AGREEMENT – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, Middle Township EMS provides Basic Life Support Services and transportation to meet the needs of the Middle Township residents and others within the boundaries of the Middle Township EMS, and

WHEREAS, AtlantiCare Regional Medical Center (ARMC) is engaged in the lawful business of providing health care services, and part of said business involved the administration and maintenance of a mobile intensive care unit (MICU), and

WHEREAS, Medicare requires written agreements for the transportation of MICU patients by Basic Life Support organizations, which bill for their services and hospital based MICU programs that bill for their services.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that the agreement between AtlantiCare Regional Medical Center and Middle Township EMS is hereby ratified for a period of one (1) year beginning January 1, 2007 and ending December 31, 2007.

RESOLUTION NO. 245-07 – 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
Tom Coyle	Recreation	Recreational Attendant P/T	$10.00 ph	05/21/07
Nancy Romero	Recreation	Recreational Attendant P/T	$12.39ph	05/21/07
Dustin Gaskill	Public Safety	Telecommunications Operator F/T	$26,000.00	05/21/07

RESOLUTION NO. 246-07 – AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE BOROUGH OF AVALON AND THE TOWNSHIP OF MIDDLE TO PROVIDE CONSTRUCTION OFFICE SERVICES – On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution was adopted.

WHEREAS, the Borough of Avalon is constructing a public safety facility within the limits of their jurisdiction; and

WHEREAS, the Borough of Avalon has requested the services of the Township of Middle’s construction official and/or members of the staff of the construction official’s office to provide plan review and/or inspection services of the public safety complex being constructed by the Borough of Avalon; and

WHEREAS, the construction official and/or the members of the construction official’s office of the Township of Middle have the H.H.S. License rating, which qualifies for the plan review and/or inspection of a project the nature of the public safety facility being constructed by the Borough of Avalon; and

WHEREAS, the Township of Middle and the Borough of Avalon are authorized to enter into a Interlocal Agreement according to the provisions of N.J.S.A. 40:8A-1 et seq.; and

WHEREAS, the Township of Middle wishes to assist a neighboring community with providing the services that they are capable of completing pertaining to the plan review and/or inspection of the public safety facilities project for the Borough of Avalon; so

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the Mayor and the Clerk/Business Administrator are hereby authorized to develop and execute an Interlocal Services Agreement between the Township of Middle and the Borough of Avalon for providing the above referenced services.

RESOLUTION NO. 247-07 – AUTHORIZING GRANT APPLICATION – NJ DCA SMART FUTURE PLANNING GRANT – On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township of Middle desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $50,000.00 to carry out a project for Centers Workshops and Design Guidelines.

NOW THEREFORE BE IT RESOLVED,

1. That the Township of Middle does herby authorize the application for such a grant, and

2. Recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement, and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of Middle and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith.

RESOLUTION NO. 248-07 – AUTHORIZE THE PLACEMENT OF ONE OFF-PREMISE SIGN – H HOVNANIAN AT MIDDLE TOWNSHIP LLC. – On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, K. Hovnanian Homes has requested permission to place one (1) 4’ X 8’off-premise sign for promotion of a new under construction development referred to as Four Seasons Community, and

WHEREAS, the sign will be placed at the location of Kindle Ford car dealership (the southeast corner of Bayberry and Stone Harbor Blvd), and

WHEREAS, if approved the signs will be displayed at indicated locations for a 30 day timeframe with a removal date of June 20, 2007.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that placement of one (1) 4’X8’ off premise sign at the location of Kindle Ford is hereby authorized for a 30 day timeframe.

PUBLIC COMMENT:

Committeemember DeLanzo – Monday is Memorial Day Parade. Asking show of support. Elem #2, Pacific to Boyd, Hand Agve to Rte 9 left on Romney to Boyd Mechanic Dias Creek to Legion Home. 10am.

Committeemember Barry – Rec Staff & Volunteers working hard. Mock Trial team doing great. 2 tough teams Lower & Mainland. 2 kids onto Howard last yeah.

Mayor Doughty – June 13^th Walmart open. 350-400 employees. Last night at Our Lady of Angels – BLUE MASS honoring police, fire and ems. New church on Shunpike opening last night. Addiction Recovery open house. AAA Building.

Vilma Pombo – Master Plan date?

Unknown resident- Winding way – Mike Voll recycling? Report?

Mayor Doughty – will have a report at next meeting. Dead end looking into it.

Steven O’Connor – Historical Commission?

Mayor Doughty – not at this time. Advisory Board vs Commission.

O’Connor – “Isn’t it in master plan?”

Orlando – Yes

O’Connor – Master plan not in effect?

Orlando – it is

O’Connor – Committee to pick and choose? Guidelines? What percent is in effect?

Pickering – Significant portion not implemented. Can not put into percentage. Next couple of months Township will being implementing larger portions of the plan.

Orlando – new plan being written as we speak.

There being no other business, the meeting was adjourned at 6:45pm:

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James Alexis, Clerk