5. REPORTS: The following departments have submitted their reports for the months indicated: Treasurer for the month of April;

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1 Cape May Court House, NJ June 1, 2009 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 Business Administrator Mark Mallett, Township Clerk Kimberly Tomkinson, Attorney James Pickering, and Engineer Vincent Orlando. 1. QUESTION/ANSWER PERIOD ON AGENDA (This question and answer session shall relate only to items as outlined and pending on current agenda. Issues and concerns not related to agenda item shall be withheld to public comment portion at the conclusion of meeting.) 2. RESOLUTION NO APPROVING PAYMENT FOR ALL BILLS On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution governing body thereof, that payment for the following bills in the amounts indicated are hereby approved: Dedicated Trust $ Current Acct. $ 3,030, RESOLUTION NO APPROVING PAYMENT FOR BILLS FMR On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution Mayor Doughty ABSTAINED governing body thereof, that payment for the following bills for Future Mining and Recycling in the amounts indicated are hereby approved: Current Acct. $ 2, RESOLUTION NO APPROVING MINUTES FOR PREVIOUS MEETING On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution 5. REPORTS: The following departments have submitted their reports for the months indicated: Treasurer for the month of April; 6. ORDINANCE NO ESTABLISHING THE COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MIDDLE Following second reading, hearing, and consideration for adoption, Ordinance No was adopted, with amendments as advertised, on motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call. Complete Ordinance is on file in the Clerk s Office. 7. RESOLUTION NO AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS PYROTECHNICO (FORMERLY VINELAND FIREWORKS COMPANY, INC.) FIREWORKS DISPLAY 4 TH OF JULY CELEBRATION On motion by seconded by and passed on roll call, the following resolution NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Middle, the governing body thereof, that the Agreement between Pyrotechnico and the Township of Middle for the fireworks display at the July 4, 2009 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. FURTHER RESOLVED, that this contract is contingent upon obtaining any and all requirements and approvals as set forth by the Atlantic County Joint Insurance Fund. Pyrotechnico th of July Celebration ---- $6, As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $ has been bid for the following service or items Fireworks Display It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract: T ; PO# RESOLUTION NO AUTHORIZING PARTICIPATION IN ONLINE AUCTION GOVDEALS On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution WHEREAS, the Township of Middle is the owner of certain surplus property which is no longer needed for public use; and

2 WHEREAS, the Township Committee are desirous of selling said surplus property in an as is condition without express or implied warranties. NOW THEREFORE, be it RESOLVED by the Township Committee, of the Township of Middle, County of Cape May, State of New Jersey, as follows: (1) The sale of the surplus property shall be conducted through GovDeals pursuant to State Contract A-70967/T2581 in accordance with the terms and conditions of the State Contract. The terms and conditions of the agreement entered into with GovDeals are available online at govdeals.com and also available from the Office of the Municipal Clerk. (2) The sale will be conducted online and the address of the auction site is govdeals.com. (3) The sale is being conducted pursuant to Local Finance Notice (4) A list of the surplus property to be sold is as follows: 1998 Ford Contour, VIN #1FAFP6531WK and the odometer reading is 85,783 miles 1998 Ford Contour, VIN #1FAFP653XWK and the odometer reading is 92,771 miles 1992 Jeep Wagon, VIN # 1J4FJ28S3NL and the odometer reading is 123,478 miles (5) The surplus property as identified shall be sold in an as-is condition without express or implied warranties with the successful bidder required to execute a Hold Harmless and Indemnification Agreement concerning use of said surplus property. (6) The Township Committee reserves the right to accept or reject any bid submitted. 9. RESOLUTION NO REFUND OF TAXES On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution Refund due to overpayment by mortgage company ACCT BLOCK LOT OWNER/LOCATION AMOUNT ck# Perry, William A & Lynn E 29 Wynndemere Court Troise, Anthony, Donna & Dara M 210 Sunray Beach Rd MaJane, Michael P 116 Rutledge Rd Burgin, John P & Linda 5 Jerome Drive Pace, David J & Brooke 12 Jerome Drive Clayton, Heather & Charles Cripps Jr 804 Poplar Ave Heins, Charles & Deborah 305 Pennsylvania Ave Refund Payable and sent to: First American Real Estate Tax Service Refund dept P O Box Fort Worth, TX 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 2009 taxes. BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle. 10. RESOLUTION NO AUTHORIZE APPLICATION EDWARD BYRNE JAG GRANT On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution NOW THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, the governing body thereof, does hereby authorize the application for the 2009 Edward Byrne Jag Grant in the amount of $14,010.00, and FURTHER RESOLVED, that Police Lt. John Edwards is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents, including any and all Interlocal Services agreements in connection therewith. 11. RESOLUTION NO CLOSED SESSION PERSONNEL MATTERS CHIEF OF POLICE POSITION; ALSO MATTERS OF POTENTIAL LITIGATION COAH On motion by Committeemember DeLanzo seconded by Committeemember Barry and passed on roll call, the following resolution 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:

3 1.) The public shall be excluded from the discussion of an action upon the hereinafter specified matter: PERSONNEL MATTERS CHIEF OF POLICE POSITION; ALSO MATTERS OF POTENTIAL LITIGATION - COAH 2.) The general nature of the subject matter to be discussed is as follows: PERSONNEL MATTERS CHIEF OF POLICE POSITION; ALSO MATTERS OF POTENTIAL LITIGATION - COAH 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. 12. RESOLUTION NO AUTHORIZING CREATION OF LIEN ON PROPERTY On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution WHEREAS, N.J.S.A. 40: authorizes the governing body of every municipality the power to make, enforce, amend and repeal ordinances requiring the owner or tenant of a dwelling or of lands lying within the municipality to provide for the removal or destruction of brush, weeds, debris, etc. constituting fire hazard or injurious to public health or safety and to provide for the imposition of penalties for the violation of any such ordinance, and WHEREAS, N.J.S.A.40: authorizes the municipality the right to place a lien against such dwelling or lands to provide for the cost of removing brush, weeds debris, etc., and WHEREAS, the Township of Middle has adopted Ordinance No known as Article I of Chapter 193 of the Code of the Township of Middle Property Maintenance, and WHEREAS, the Township of Middle has noticed the following property owners as indicated below and furthermore these violations had not been remedied. WHEREAS, in absence of compliance by said owners, the Township of Middle commenced and completed abatement of these violations, and WHEREAS, the Public Works Supervisor of the Township of Middle has certified the following cost as listed. governing body thereof, that it hereby impose a lien on the properties listed below as indicated. FURTHER RESOLVED, that a copy of this lien shall be filed in the Office of the Tax Collector of the Township of Middle. OWNER PROP. LOCATION BLOCK / LOT AMOUNT Richonda Pelzer 101 Goshen Road 63 / RESOLUTION NO RELEASE OF PERFORMANCE BOND STREET OPENING LAFAYETTE UTILITY CONSTRUCTION CO. On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted. WHEREAS, $5, is being held as a performance guarantee for Lafayette Utility Construction Co. for the street opening located at E. Maryland Avenue and N. 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. governing body thereof, that the above reference opening has been inspected and approved and the performance bond shall be released. 14. RESOLUTION NO TABULATION COMMITTEE SOLID WASTE, REFUSE, AND RECYCLABLES COLLECTION, HAULING AND DISPOSAL On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution 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 Township Administrator Mark Mallett, Finance Officer Tracey Taverner, Municipal Clerk Kimberly Tomkinson, and Recycling Coordinator Andrew Smith are appointed to tabulate the bids to be taken on Wednesday, August 19, 2009 at 1:00 PM in the Middle Township Municipal Building, 2 nd Floor Conference Room, 33 Mechanic Street, Cape May Court House, NJ for the following: SOLID WASTE, REFUSE, AND RECYCLES COLLECTION, HAULING AND DISPOSAL 15. RESOLUTION NO AUTHORIZING PURCHASE UNDER STATE CONTRACT FOR COPIER MACHINE On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution WHEREAS, there is a need to purchase a copy 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 department: 1. Police Department WHEREAS, this can be purchased through State Contract # T201, 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: DeLage Landen c/o Allister Business Solutions 101 Executive Drive Moorestown, NJ For the lease/purchase of copier machines for 60 months in the about of $ per month.

4 16. RESOLUTION NO APPROVE CHANGE ORDER NO. 1 RECONSTRUCTION OF STEEL ROAD, JOHNSTOWN LANE AND 7 TH STREET On motion by Committeemember Barry seconded by Committeemember DeLanzo and passed on roll call, the following resolution WHEREAS, on January 5, 2009 via Resolution No , the above project was approved, and NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the attached Change Order #1 for the project awarded to Asphalt Paving Corporation, be and is hereby approved in the amount of $1, RESOLUTION NO APPROVE TONNAGE GRANT 2008 On motion by Mayor Doughty seconded by Committeemember Barry and passed on roll call, the following resolution 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 Andrew Smith, 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. 18. PUBLIC COMMENT: Committeemember Barry June 4 th Vision Meeting. Initial Meeting very informative. Mayor Doughty 2 upcoming sporting events. Baseball and Track Competitions. Vilma Pombo Continued work sessions for the whole year? Committeemember Barry yes at least one a month. Sam Kelly Staff at Tax Collector s Office very very helpful. Steve O Connor County passed bond ordinance that included funding for new library in the County Park. Would like to see Twp. Committee get involved in opposition of removal of Mechanic Street Library. Larry Newbold Commented on parking at Acme Shopping Center. Ask about status of Water Study before by State. Committed on Host Community Benefits owed to Township of Middle Asked about Road in front of Donut Connection. Whether township sent letter to County about conditions. Mike McGurk Revised plan to COAH? Was it sent? Committeemember Barry No revised plan has been sent. Vision meeting very informative. Come June 6 th. Spoke about resident comments received about plan and how to contact Lucy Vandeburg regarding letters sent if no response received. Kurt Kelly Spoke about individuals that have been out on Reeds Beach wheeling around. Spoke about road elevation and asked for contact information regarding projects on Reeds Beach. Elijah Scull Spoke on Master Plan and boards and procedures. Betty McGurk reiterated viewpoint on COAH and Conifer project. Committeemember DeLanzo addressed concerns regarding Conifer project and COAH regulations. Mayor Doughty League of Municipalities suit on COAH regulations. Dan Lockwood Spoke of PILOT program, Mount Laurel decision and COAH Regulations.

5 V. Pombo When is next Master Plan meeting? Committeemember Barry should be on website. Sam Kelly Spoke about affordable housing, COAH regulations, and the people in our community that need the PILOT program. K. Kelly Spoke about Sewer hook ups on newer properties versus placing it on Reeds Beach. B. McGurk Spoke of salt water intrusion on local water wells and dried up streams. E. Scull Asked about Planning Board recommendation to Zoning Board regarding PILOT Carol Mattessich Asked who will represent twp. at mediation sessions and what is twp. position on Conifer project. Lois Shuman Asked if twp. could use motels as COAH housing. Ryan Homes finish grading? Revised paving? Will it help flooding? Asked when next Vision Meeting is. Joseph Ravitz Litigation with League of Municipality. Progress? There being no further business the meeting was adjourned at 8:00pm Kimberly Tomkinson, Twp. Clerk