1. PRESENTATION BY MAYOR PANTHERS PEE WEE FOOTBALL, CAJFL CHAMPIONS, AND MIDDLE TOWNSHIP HIGH SCHOOL GIRLS FIELD HOCKEY TEAM, SJ GROUP 1 CHAMPIONS

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1 Cape May Court House, NJ December 5, 2016 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 Clark, Committeemember Donohue, Township Clerk Kimberly Krauss, and Municipal Solicitor Frank Corrado. Deputy Mayor DeVico and Township Engineer Marc DeBlasio were absent. 1. PRESENTATION BY MAYOR PANTHERS PEE WEE FOOTBALL, CAJFL CHAMPIONS, AND MIDDLE TOWNSHIP HIGH SCHOOL GIRLS FIELD HOCKEY TEAM, SJ GROUP 1 CHAMPIONS - Congratulated the Panthers; undefeated in regular and post-season; recognized nationally by the National Prep and Youth Football Association. - Also, congratulated the parents and cheerleaders. - Commended Jeff McCart for what he has done with the Program. - Rec sports and pee wee sports are a big part of growing up in Middle Township. - Great group of coaches and parents; touches on the fact that it is a group effort. - Congratulates all. - Recognizes MTHS Girls Field Hockey on their South Jersey Group 1 Championship. - Fire Department, emergency personnel and police department took the team on a tour through town; did the same for the Panthers football team. - Calls up each member of the Panthers Football Team and their coaches to be recognized. Jeff McCart: - Points out how hard everyone has worked to develop the program over the past two years. - Appreciates all efforts from coaching staff and the community coming out to cheer the team on. - States all three teams in the program have improved dramatically. - Calls up each member of the MTHS Girls Field Hockey Team and their coaches to be recognized. Janina Perna, MTHS Girls Field Hockey Coach: - Thanked everyone in the community for their support and efforts. - Notes that this is the first group title for Middle Township. 2. PRESENTATION BY MAYOR AUGOSTINA MALLOUS - Gave overview of Ms. Mallous accomplishments. - Notes her platform of Getting Ahead of the Game Concussion Awareness. - Names several awards Ms. Mallous was recognized for and roles she is involved in such as volunteering. - Proclaims Tuesday December 6, 2016 as Augostina Mallous day in Middle Township. Augostina Mallous: - Gives her thanks. 3. 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.) John McCann, Cape May Court House: - Obtained a transcript of the hearing regarding item #22. - Read a couple of items from the transcript. - Asked for concerns to be considered during closed session; past township representatives had some concerns. - Worried about the location and putting the population at risk. Peggy Matthis, Cape May Court House: - In regard to item #22, feels it is opening the door for all developers. - Questioned what a family unit is. - Concerned about the safety of the residents and community.

2 Michael Butterfield, Cape May Court House: - In regards to item #22, asks Committee to table to the decision until the full body is present. - Notes Deputy Mayor DeVico is absent. - Feels all should be present and involved in the decision. - In regards to Peggy s comments about item #22, says he is familiar with the information due to the business he works in. - Names several streets; concerned about commercial zoning. - Asks Committee if they will discuss with Deputy Mayor DeVico due to his absence. - He will be on the phone. - Questions if the intent is to vote on the issue during closed session. - Yes. - Questions if Deputy Mayor DeVico is able to vote remotely over the phone. - Yes. It is permitted through Open Public Meetings Act. - Questions the contractor s true intentions. - States the community needs the committee s help. - Cannot speak to the citizens that proposed settlement. - Most know that the Township is on the side of the people on Fishing Creek Road and surrounding roads. - Questions if that matter is zoning mixed with COAH. - There are two pending lawsuits. One in Federal Court and one in State Court. - Combined is another lawsuit under the Mt. Laurel Doctrine. - Seeking a builder s remedy which could theoretically result in 30 or 40 units rather than the 10 units being proposed if awarded by the court single family units being proposed where there is an approved sub-division. - States he is aware of the approved sub-division. - Questions the settlement proposed. - Not going to comment until he has the opportunity to present it and his recommendations to the committee in a closed session. - After closed session, he would be happy to talk. - Agrees with Mr. Butterfield s comment to table the decision. - Community needs more time to attend meetings to voice questions and be heard. - Agrees; it is a huge decision about the future of our town and the community should weigh in on it. - An application by the developer for an order directing Middle Township to issue the construction permit on an emergency basis is what brought the township to court. - If not resolved tonight, will be back in court to respond to that motion. - If granted, permit will be issued anyway. If denied, lawsuits will continue and the Township will face the potential consequences. - Questions Frank Corrado if this means he is satisfied that he cannot get more time. - Correct. - Still does not want to get into too much detail until after closed session. - Has a procedure he has to follow as the Township Solicitor. - Has to give committee an opportunity to hear what he has to say before he can speak publically. - We can come back out to discuss. - States he understands. - Feels that there are a lot of people in the community who want to be brought up to speed on the topic. - Agrees; mentions his comments that the township is going to fight this and go to court if necessary. - Must listen and make a decision based on the best interest of the entire community. - Shares a lot of the same concerns.

3 - Has heard things about the track record of the developer; unsure if they are true or not. - Assures that committee is taking it very seriously. - Thanked everyone for their time. - Echoes Committeemember Donohue. - It is not being taken lightly; not an easy decision for anyone. - Wants what is best for the residents of Middle Township. - Agrees with a lot of what Mr. DeLollis is saying. Dan Lockwood, Cape May Court House: - Assumes everyone read the transcript from the hearing in regards to item #22. - Felt that the representation was misleading; one candidate gave the impression that she worked for the County which was not true. - A lot of information from residents in hearing. - David May found four reasons that he thought had merit to decline the zoning permit; did not do anything as far as building permits are concerned. - Believes the argument should be made to give Mr. May more time to review items. - Construction office answers to the state. - Points out differences between residential communities. - Feels it is more of a business use. - Comments on item #22; building on top of a dump. - Assumes approvals were obtained. - To his understanding it is still up in the air what needs to be done for Affordable Care Housing. - Questions item #4 and why a crane was needed. - Suggests it be removed from approval if it cannot be explained. - Cannot answer. - Cannot answer. - Asks for confirmation that it will be removed from the list. - Confirms. - Questions a number of Medicare reimbursements. - It is for retirees. - Assures they are entitled to the reimbursements. - Questions a weekly pay for contractual services. - It is for temporary help in our courts. - Questions item #14. - Has to do with home rehabilitation. - Revolving funds for those who qualify. - We loan the money for the rehab and the resident has to pay the money back. 4. RESOLUTION APPROVING PAYMENT FOR BILLS BILL LIST A (General Bills) On motion by Mayor Clark seconded by Committeeman Donohue and passed on roll call, the following resolution was adopted. governing body thereof, that payment for the following bills in the amounts indicated are hereby approved: Current Acct. $3,496, RESOLUTION APPROVING MINUTES FROM PREVIOUS MEETINGS On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. governing body thereof, that the following minutes are approved: Work Session 11/21/2016, Board of Health 11/21/2016, and Regular Meeting 11/21/2016. BE IT FURTHER RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the following closed session minutes are hereby released: 07/18/2016

4 6. REPORTS: The following departments have submitted their reports for the months indicated: Construction for the month of November, Zoning for the month of November, Finance for the month of November. 7. RESOLUTION REFUND OF SEWER UTILITY CONNECTION FEE On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, a refund is due for connection fees to Middle Township s Sewer Utility; and BLOCK LOT OWNER/LOCATION John D. Turzanski $2, Property location: 5 Eldredge Avenue WHEREAS, the original payment of $2, contained a non-refundable application fee for administrative costs in the amount of $300.00, resulting in a refund of $2, 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 a check in the above noted amounts payable to the above mentioned party, as a refund of connection fees for sewer utilities; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle. 8. RESOLUTION TRANSFER OF FUNDS On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, it is legal and lawful to make budget transfers on and after the first day of November in any budget year; and NOW, THEREFORE, BE IS RESOLVED, by the Township Committee, the Governing Body of the Township of Middle, County of Cape May and the State of New Jersey, that the following transfers of budget appropriations be made in the budget of Middle Township for the year 2016: From To BOARD STIPENDS , INFORMATION TECHNOLOGY SALARY & WAGE , INFORMATION TECHNOLOGY OE , LEGAL SERVICES OE , ENGINEERING SERVICES OE , GENERAL LIABILITY INSURANCE , WORKERS COMP INSURANCE , HEALTH CARE WAIVER , RECREATION SALARY & WAGES , SOCIAL SECURITY , ASSESSMENT OF TAXES OTHER EXPENSES , TELEPHONE SYSTEM CONTRACT , PUB BUILD/GRNDS OTHR EXPENSES , POLICE OTHER EXPENSES , COMMUNICATIONS SALARY & WAGE , PUBLIC WORKS OTHER EXPENSES , MOTOR POOL , ANIMAL CONTROL SALARY & WAGE , RECREATION OTHER EXPENSES , DCRP - (EE PORTION) , , , RESOLUTION THROUGH APPROVAL FOR PAYMENT TERMINAL LEAVE (ITEMS A THROUGH C) On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. (a) WHEREAS, Constance Mahon resigned with an effective date of November 29, 2016; and WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, compensation and personal time; and WHEREAS, the Human Resources Department has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time; and 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: Constance Mahon Personal Hours: Vacation Hours: Total Hours: $4, (inclusive of payroll tax expense to the Township) (b) WHEREAS, William Mulligan resigned with an effective date of November 30, 2016; and WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, compensation and personal time; and WHEREAS, the Human Resources Department has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time; and

5 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: William Mulligan Comp Time Hours: 1.5 Holiday Hours: 40 Personal Hours: -3 Vacation Hours: -5.3 Total Hours: $ (inclusive of payroll tax expense to the Township) (c) WHEREAS, Aaron Taylor resigned with an effective date of November 17, 2016; and WHEREAS, it is the policy of Middle Township to compensate resigning employees for accumulated vacation, compensation and personal time; and WHEREAS, the Human Resources Department has provided sufficient documentation verifying the amount of time accumulated and the Finance Officer has certified that time; and 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: Aaron Taylor Sick Time Hours (Due to Twsp.): Vacation Hours: 29.2 Total Hours: $ (inclusive of payroll tax expense to the Township) 10. RESOLUTION THROUGH APPROVE CHANGE ORDER (ITEMS A THROUGH B) On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. (a) WHEREAS, the Bike Path Phase 4, Contract No. 2 project was awarded September 21, 2015 via Resolution No to Kline Construction Company, Inc. 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 No. 2 for the project awarded to Kline Construction Company, Inc. be and is hereby approved in the amount of $6, (b) WHEREAS, the Bike Path Phase 5 project was awarded September 21, 2015 via Resolution No to Kline Construction Company, Inc. 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 No. 2 for the project awarded to Kline Construction Company, Inc. be and is hereby approved in the amount of $8, RESOLUTION APPOINTMENT NEW HIRE On motion by Committeeman Donohue seconded by Mayor Clark 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 employee is hereby appointed to the following position at the salary opposite their name: NAME DEPARTMENT TITLE SALARY EFFECTIVE William Mulligan Public Safety Telecommunications Operator P/T $15.00ph 12/1/ RESOLUTION AWARD OF BID CONTRACT NO S1 MIDDLE TOWNSHIP SEWER ASSISTANCE PROJECT On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, it has been deemed necessary and desirable to solicit bids for the Sewer Assistance Project Contract No S1; and WHEREAS, bids were received November 14, 2016; and WHEREAS, it appears that the following bid submitted below 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, County of Cape May and State of New Jersey the governing body thereof, that the contract for the following Sewer Assistance Project be and hereby is awarded as described: Contract No. Awarded To: Total Bid Amount PO# 2016-S1 Mitchell Nichols $1, TBD Enterprises, Inc. FURTHER BE IT RESOLVED, that these awards are conditioned upon certification of availability of funds. 13. RESOLUTION AUTHORIZING CREATION OF LIEN ON PROPERTY On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. 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

6 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; and WHEREAS, in absence of compliance by said owners, the Township of Middle commenced and completed abatement of these violations; and WHEREAS, the Code Enforcement Officer of the Township of Middle has certified the following cost as listed. governing body thereof, that it hereby imposes 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 PROPERTY LOCATION BLOCK // LOT AMOUNT Shoemaker, Eileen M 23 Johnstown Lane // 3 $ RESOLUTION THROUGH AUTHORIZING MAYOR TO EXECUTE DISCHARGE OF MORTGAGE (ITEMS A THROUGH C) On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. (a) NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey that the mortgage loan for JENNIFER ROMEO in the amount of Twenty-Four Thousand Five Hundred Sixty Dollars ($24,560.00) is hereby authorized to be discharged. BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign any and all documents in connection therewith. (b) NOW, THEREFORE, BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May and State of New Jersey, that the mortgage loan for Vernetta Lewis in the amount of Four Hundred Seventy Five Dollars ($475.00) is hereby authorized to be discharged. BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign any and all documents in connection therewith. (c) NOW, THEREFORE, BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May and State of New Jersey, that the mortgage loan for Ebony Flanders & Michael Harrison in the amount of Two Thousand Six Hundred Fifty Dollars and Forty-Nine Cents ($2,650.49) is hereby authorized to be discharged. BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign any and all documents in connection therewith. 15. RESOLUTION APPROVAL FOR PAYMENT CASH OUT SICK LEAVE VARIOUS EMPLOYEES On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, the Township allows the cash out of accumulated sick time by employees who meet the guidelines set forth in the personnel policy manual; 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 employees in the amount referenced below. NAME HOURS HOURLY RATE TOTAL COST Adams, William 60 $62.56 $3, Amrose, Paul 40 $13.67 $ Camp, Christopher 40 $30.62 $1, Becker, Deborah 35 $29.32 $1, Burke, Nancy 40 $14.13 $ Castellano, Gino 60 $47.27 $2, D Alonzo, James 60 $47.27 $2, Fiore, Francis 60 $50.88 $2, Garrison, Rex 16 $13.28 $ Higginbottom, Mark 60 $50.88 $2, Karstens, Kendra 21 $20.56 $ Larkin, Leonard 60 $37.57 $2, Leusner, Christopher 60 $68.82 $3, Lindholm, Martin 60 $35.99 $2, Linz, Michael 40 $24.71 $1, Loftus, Jamie 60 $58.66 $3, Martin, Jr., Kenneth 60 $50.88 $2, Martino, Matthew 60 $37.57 $2, Matthews, Robert 16 $23.32 $ May, David 35 $29.91 $1, McClure, Allan 60 $47.27 $2, McDevitt, Nancy 40 $11.20 $ McDevitt, Sean 40 $27.89 $1, Miller, Marilyn 40 $17.14 $ Mills, Steven 20 $20.59 $ Mulligan, William 4 $19.49 $83.94

7 Murphy, Brian 60 $23.29 $1, Nelson, Donald 60 $62.56 $3, Niemann, Joshua 21 $17.33 $ Norton, John 60 $43.92 $2, Novsak, Steven 60 $47.27 $2, Osmundsen, Douglas 60 $55.87 $3, Pastor, Michael 60 $21.70 $1, Russ, LeeAnn 35 $44.62 $1, Salvesen, Jeffrey 60 $24.87 $1, Stimmel, Dawn 28 $26.67 $ Stocker, Clinton 24 $50.88 $1, Super, Tracey 60 $50.88 $2, Sweitzer, Jason 60 $47.27 $2, Trombetta, Jack 60 $37.57 $2, *total cost is inclusive of payroll tax expense to the Township 16. RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT CHUCK S MOBILE LIGHTING AND INSTALLATION POLICE VEHICLE ACCESSORY INSTALLATION On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, the Township of Middle has a need to enter into an agreement with Chuck s Mobile Lighting and Installation, for Police vehicle accessory installation, as a non-fair and open contract pursuant to the provisions under the Pay to Play regulations; and WHEREAS, the Township of Middle will be entering into an agreement with Chuck s Mobile Lighting and Installation, for accessory installation services, where the total amount is $30,212.80, which exceeds the non-fair and open limitation of $17,500.00; and WHEREAS, Chuck s Mobile Lighting and Installation has completed and submitted a Business Entity Disclosure Certification which certifies that said entity has not made any reportable contributions to a political or candidate committee in the Township of Middle in the previous one year, and that the contract will prohibit Chuck s Mobile Lighting and Installation from making any reportable contributions through the term of the contract; and governing body thereof, that authorization is hereby granted to enter into an agreement with said contractor and that the appropriate officials are hereby authorized to sign any and all document in connection therewith. BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. 17. RESOLUTION THROUGH REDUCTION OF PERFORMANCE BOND (ITEMS A THROUGH C) On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. (a) WHEREAS, $462, is being held as a performance guarantee of Rio Grande 9 LLC for Block , Lot 6, otherwise known as 3150 Route 9 South; and WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $165, have been completed; and WHEREAS, it has been further recommended that the performance guarantee for the above stated project be reduced to $296,776.20; and governing body thereof, that the performance guarantee as listed above be and is hereby reduced to $296, (b) WHEREAS, $621, is being held as a performance guarantee of FCF Realty LLC for Block 1511, Lot 1, otherwise known as 1603 Rte 47 S; and WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $435, have been completed; and WHEREAS, it has been further recommended that the performance guarantee for the above stated project be reduced to $186,529.68; and governing body thereof, that the performance guarantee as listed above be and is hereby reduced to $186, (c) WHEREAS, $847, is being held as a performance guarantee of T&H Real Estate Enterprises LLC for Block 136, Lot 14, otherwise known as Stone Harbor Crossings; and WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $433, have been completed; and WHEREAS, it has been further recommended that the performance guarantee for the above stated project be reduced to $414,561.00; and governing body thereof, that the performance guarantee as listed above be and is hereby reduced to 414, RESOLUTION RELEASE OF TRUST ACCOUNTS On motion by Committeeman Donohue seconded by Mayor Clark 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.

8 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. 19. RESOLUTION REFUND OF TAXES On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, a refund is due to the homeowner listed below as the result of a veteran deduction granted by the Cape May County Board of Taxation on 11/01/2016; and ACCT BLOCK LOT OWNER/LOCATION Hamann, Kenneth 810 Steel Rd Cape May Court House, NJ $ Property location: 810 Steel Rd NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that the Chief Financial Officer is instructed to draw check in the above noted amount payable to the above mentioned party, as a refund of 2016 taxes. BE IT FURTHER RESOLVED, that a certified copy of this resolution be given to the Chief Financial Officer of the Township of Middle. 20. RESOLUTION APPOINTMENTS SHADE TREE COMMISSION On motion by Committeeman Donohue seconded by Mayor Clark 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 person be and are hereby appointed to the term of office opposite their name: NAME BOARD POSITION TERM TERM EXPIRES EFFECTIVE Barbara Collins Shade Tree Commission Chairperson 12/05/ /31/2017* * Filling unexpired term of office. 21. RESOLUTION RELEASE OF PERFORMANCE BOND FCF REALTY INC. On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, $348,313.20, is being held as a performance guarantee for FCF Realty for site improvements at Block 1511, Lot 2, otherwise known as 1613 Rte 47 South; and WHEREAS, the Township Engineer for the project has conducted his inspection and certified that all improvements have been completed; and WHEREAS, the Land Use Administrator for the Township of Middle has recommended that the performance bond be released; and WHEREAS, the Land Use Law of the State of New Jersey (NJS 40:55D-1 et. seq.) requires such a release upon recommendation by the Township Engineer; and governing body thereof, that the bond in the amount of $348, is hereby released. 22. RESOLUTION CLOSED SESSION PENDING LITIGATION (CAPE MAY POINT AFFORDABLE HOUSING, LP V. TOWNSHIP OF MIDDLE, TOWNSHIP OF MIDDLE PLANNING BOARD AND TOWNSHIP OF MIDDLE ZONING BOARD) - On motion by Committeeman Donohue seconded by Mayor Clark 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, and WHEREAS, said Closed Session shall be held directly after this open session. 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: CLOSED SESSION PENDING LITIGATION (CAPE MAY POINT AFFORDABLE HOUSING, LP V. TOWNSHIP OF MIDDLE, TOWNSHIP OF MIDDLE PLANNING BOARD AND TOWNSHIP OF MIDDLE ZONING BOARD) 2.) The general nature of the subject matter to be discussed is as follows: CLOSED SESSION PENDING LITIGATION (CAPE MAY POINT AFFORDABLE HOUSING, LP V. TOWNSHIP OF MIDDLE, TOWNSHIP OF MIDDLE PLANNING BOARD AND TOWNSHIP OF MIDDLE ZONING BOARD) 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. Upon adoption of this resolution and conclusion of this meeting the governing body will convene on the above referenced topic in closed session. This matter will be released to the public when the matter has been deemed resolved and the need to hear said item in closed session no longer exist. The public will be invited back into open session at the conclusion of this meeting and formal action may be taken.

9 23. RESOLUTION INSERTION OF A SPECIAL ITEM OF REVENUE 2016 DRIVE SOBER OR GET PULLED OVER YEAR END CRACKDOWN, FOR THE PERIOD OF DECEMBER 9, 2016 THROUGH JANUARY 1, 2017 On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, R.S. 40A: 4-87 provides the Director of the Division of Local Government Services to approve the insertion of any Special Item of Revenue in the budget of any Municipality when such item shall have been made available by law and the amount whereof was not determined at the time of adoption of budget; and WHEREAS, said Director may also approve the insertion of an appropriation for an equal amount. NOW, THEREFORE, BE IT RESOLVED, that the Township Committee, the Governing Body of the Township of Middle, County of Cape May and State of New Jersey, hereby requests the director of Local Government Services to approve the insertion of additional items of revenue in the budget of the year 2016 in the sum of: 2016 Drive Sober or Get Pulled Over Year End Crackdown $5, BE IT FURTHER RESOLVED, that like sum be and the same is hereby appropriated under the following caption: 2016 Drive Sober or Get Pulled Over Year End Crackdown $5, RESOLUTION SUPPORTING THE DRIVE SOBER OR GET PULLED OVER 2016 YEAR END HOLIDAY CRACKDOWN On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, impaired drivers on our nation s roads kill more than 10,000 people each year and cost our society more than $37 billion annually; and WHEREAS, 29% of motor vehicle fatalities in New Jersey in 2014 were alcohol-related; and WHEREAS, an enforcement crackdown is planned to combat impaired driving; and WHEREAS, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over Year End Holiday Crackdown; and WHEREAS, the project will involve increased impaired driving enforcement from December 9, 2016 through January 1, 2017; and WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways; NOW, THEREFORE, BE IT RESOLVED, that Township Committee of the Township of Middle declares it s support for the Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown from December 9, 2016 through January 1, 2017 and pledges to increase awareness of the dangers of drinking and driving. 25. RESOLUTION DIRECTING THE DISTRIBUTION OF THE TOWNSHIP OF MIDDLE NET RETURNED SURPLUS FUNDS HELD IN TRUST BY THE ATLANTIC COUNTY MUNICIPAL JOINT INSURANCE FUND On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. WHEREAS, the Township of Middle, hereinafter referred to as MUNICIPALITY, participated as a member municipality of the Atlantic County Municipal Joint Insurance Fund, hereinafter referred to as FUND, for one or more of the following FUND fiscal years beginning January 1, 1998, January 1, 1999, January 1, 2000, January 1, 2001, January 1, 2002, January 1, 2003, January 1, 2004, January 1, 2005, January 1, 2006, January 1, 2007, January 1, 2008, January 1, 2009, January 1, 2010, January 1, 2011, January 1, 2012, and WHEREAS, the FUND is a statutory filed municipal joint insurance fund as defined in N.J.A.C. 11: et seq., and WHEREAS, the MUNICIPALITY joined the FUND knowing that membership carries with it joint and several liability with all other member municipalities for each year of the MUNICIPALITY s membership, and WHEREAS, the MUNICIPALITY understands that the FUND s Executive Committee are the only persons authorized in law to make decisions as to when and how much of any available statutory surplus will be released by the FUND, and WHEREAS, the MUNICIPALITY understands that the FUND s Executive Committee are the only persons authorized in law to make decisions as to when and how much of any projected deficit will be declared as an additional assessment due to the FUND, and WHEREAS, the MUNICIPALITY understands that Available Statutory Surplus is defined to be the amount of money in excess of the projected value of claims by line of coverage, plus an actuarially determined value for Incurred But Not Reported claims, subject to the surplus reserve calculations as defined in N.J.A.C. 11: et seq., and subject to review and approval by the Department of Banking and Insurance and Department of Community Affairs, State of New Jersey, prior to release by the Executive Committee of the FUND, and WHEREAS, the MUNICIPALITY understands that it remains jointly and severally liable into perpetuity despite the earlier release of Available Statutory Surplus due to the possibility that a FUND year wherein a return of Statutory Surplus has been duly authorized could later be presented with a claim for which it could be responsible causing a demand for an additional assessment from each participating member municipality of that FUND year, and WHEREAS, the MUNICIPALITY understands that it remains jointly and severally liable into perpetuity despite the earlier collection of an additional assessment due to the possibility that a FUND year wherein an additional assessment has been duly authorized could later be presented with a need for additional assessments from each participating member municipality of that FUND year, and

10 WHEREAS, the MUNICIPALITY understands that its options for directing the distribution of its net share of released Statutory Surplus to be as follows: 1. Direct the FUND to apply the MUNICIPALITY s share to the MUNICIPALITY s premium as a credit in the next FUND fiscal year (N.J.A.C. 11: (e)), 2. Direct the FUND to issue a check to the MUNICIPALITY for the MUNICIPALITY s share, 3. Direct the FUND to apply the MUNICIPALITY s share to the FUND s Aggregate Excess Loss Contingency Fund (A.E.L.C.F.), which provides member municipalities with an available individual contingency balance for use in satisfying any possible need for a supplemental assessment for any year they were a member and an annual capacity to use all or a portion of a member municipality s available balance in offsetting future premiums, or 4. Direct the FUND to apportion the MUNICIPALITY s share as a stated dollar amount among options 1, 2 and 3 above such that the sum total of allocated dollars equals the amount of the Net Distribution available to the MUNICIPALITY as noted above. NOW, THEREFORE, the MUNICIPALITY directs the FUND to distribute the MUNICIPALITY s share of its Net Distribution as follows (check the boxes that apply): Apply a portion of the amount as a credit to the MUNICIPALITY s next FUND Year premium. Apply a portion of the amount as a check to the MUNICIPALITY. Apply a portion or the full amount to the MUNICIPALITY s share of the FUND s Aggregate Excess Loss Contingency Fund (A.E.L.C.F.). Designate the full amount as follows (Sum of below must equal full dividend amount): Credit $ Check $65, (Requires voucher) A.E.L.C.F. $26, (Requires Resolution) Total Dividend $91, RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT PRESIDENTIAL INAUGURATION TASK FORCE (PITF) On motion by Committeeman Donohue seconded by Mayor Clark and passed on roll call, the following resolution was adopted. NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Middle, County of Cape May, State of New Jersey does hereby authorize the execution of the Memorandum of Agreement between the United States Attorney s Office for the District of Columbia, the Metropolitan Police Department of Washington D.C. (MPD) and the Middle Township Police Department for participation in the Presidential Inauguration Task Force (PITF) in Washington, D.C. area from January 15, 2017 through January 21, BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign any and all documents in connection therewith. 27. PUBLIC COMMENT: John Marcella, Cape May Court House: - Asks to post the Bill List online. - States he is not opposed to the idea. - Apologizes for not being able to answer Mr. Doniger s question regarding the bill list. - Agrees with Committeemember Donohue s comments. Helen McCaffrey, Cape May Court House: - Mentions the death of Dr. John Napoleon, her committee partner of the 9 th precinct; states he gave many years of service to the Township. - Commends Mayor Clark and those who ran against him on their campaigns. - Speeding issue on Johnstown Lane has yet to be addressed. - Coyotes seem to have moved on but there is still a problem with red foxes bothering the chickens. - Neighbors have requested to change the light at the end of Kings Lane. The electric company informed them that they need permission from the township to change the light bulb. Asks the Township to grant that permission. - Several complaints of incorrect sewer bills and the fees for letters for Tax Sale. - The letter is a statutory requirement if the bill is not paid; cannot make exceptions to the statute. Helen McCaffrey, Cape May Court House: - Asks if it possible to make phone calls due to some people being handicapped. Committemember Donohue: - There are 12,000 tax items in Middle Township. - Put out notifications with tax bill. - Press releases for Tax Sale. Helen McCaffrey, Cape May Court House: - States some of the people are poor. - We are not aware of their situation. - There are programs to help. - Try to notify as much as possible to avoid the situation. Helen McCaffrey, Cape May Court House: - Volunteers her help to come up with ideas to make sure our poor citizens do not suffer.

11 - Asked Frank Corrado to look into this for next year especially for those who do not owe much since it has been a problem in the past. - There are some things that the township can do to ameliorate that. - Practice has to be consistent; no exceptions. - Assures it will be looked into. Peggy Matthis, Cape May Court House: - Questions how soon the closed session would be. - Thirty Minutes. Peggy Matthis, Cape May Court House: - Questions if they anticipate something to be done after the closed session. - Committee has to determine what they are going to do about the proposed settlement. Peggy Matthis, Cape May Court House: - Would really like family unit to be looked into and what defines it. - The Federal Statutes and the New Jersey Municipal Land Use Law define family. - The definition in both statutes includes unrelated individuals. - Commends the Township on always giving him answers to his questions. - Notices there is no township manager in attendance as in the past. - Suggests requiring the CFO to attend meetings to assist with questions about bills. - Thanks him for the suggestion. Chief Leusner: - Informed the public of an app that can be downloaded on their phones; can be used to send pictures to Code Enforcement, Animal Control, etc. Can also be used to send any suspicious activity to the Police Department. - The first Police Department in the county to have an app. - Encourages all to download it. - Commends Chief Leusner for always being on the cutting edge and looking for new ways to make things better in Middle Township. - States how proud he and the rest of committee are to have him as their chief. Ed Dillio, Cape May Court House: - Also commends the Police Department. Shares a story of the Police assisting him with an issue he had the night before and how well and professionally it was handled. Committemember Donohue: - Recognizes Andrea from the Clerk s office on passing her Municipal Registrar test. - Echoes Committeemember Donohue. - Comments on the passing of Dr. John Napoleon, a lifelong resident of Middle Township. - Shared some of his memories of Dr. Napoleon. - Acknowledges the Police Department attending the Presidential Inauguration and for the development of their mobile app. - Thanks everyone for coming out, especially residents from Patsy s Way. - Assures that the Committee takes what they do very seriously and that they do listen to the residents. Assures that everything will be considered in making the decision. - Commends the Rec Department and the employees for clean-up after the parade. - Thanked the Fire Department for helping to make it a successful night. Motion to enter closed session 7:20pm 1st: Committeemember Donohue 2nd: Solicitor Corrado Pass on Roll Call: Committeemember Donohue, Mayor Clark Motion to return to open session 8:45pm 1st: Committeemember Donohue 2nd: Mayor Clark Pass on Roll Call: Committeemember Donohue, Mayor Clark RETURN TO PUBLIC COMMENT: - Informs the public that no formal action will be taken tonight.

12 - Notes that this means the settlement is not being approved. - No votes are being taken. - Has been instructed to confer with the Plaintiff s Counsel. - May have to go back to Federal Court to argue against the motion for a preliminary junction. - Questions if this can be appealed. - Preliminary junctions are automatically appealed. - If a preliminary injunction is granted, and he is instructed to do so by the Township Committee, he can ask for a stay of her order pending an appeal to the third circuit court of appeals. Ed Dillio, Cape May Court House: - Questions if there should be a Public Meeting as in the past. - Since he has served on Committee, all meetings have been held in the same room. - States there is public information available. Ed Dillio, Cape May Court House: - Feels as though the public should be informed of what the options are and what is at stake, etc. - States that we all know what is at stake. That someday someone will build. - States that the builder does have rights. - Trying to best manage the situation with the Township s best interest at heart. - States that is why there was no action taken tonight. - Committee is trying to do the best they can with what they re dealt. Michael Butterfield, Cape May Court House: - Questions why there was no action taken tonight. - The Township Committee was not satisfied with the proposed settlement so they would not vote to approve the settlement. Michael Butterfield, Cape May Court House: - Questions if something has happened since Friday and today to sway the decision. - No. Nothing has happened. - Argued the motion for preliminary injunction made by the Plaintiff. - The Plaintiff wanted the Court to order zoning and construction permits issued on an Emergency basis. - Instead the Judge conducted a settlement conference where she attempted to negotiate the settlement. - One provision of the settlement was that he was to bring the settlement back to the Committee and ask them if they were willing to approve it or not. - Questions how much of this is covered by insurance, if any. - Not much. - Explains the two different lawsuits including the builder s remedy. - Notes if the plaintiff wins the builder s remedy lawsuit, it will not be covered nor is the lawsuit challenging Mr. May s decision to deny a zoning permit. - JIF has denied coverage on both claims. - Federal lawsuit is partially covered. Further explains. Subject to certain deductibles and co-pays. - Explains any Municipality faced with a similar situation would have same coverage. - Introduces Jim Birchmeier as the attorney the JIF assigned to cover a specific portion of the lawsuit. - Asks if the damages are covered; if the legal fees would be covered. - Legal fees for the Township may be covered subject to exceptions as previously discussed. - Explains the Federal lawsuit is a Fee Shifting Lawsuit. - Does not believe the Township s policy covers Legal shifting fees. Jim Birchmeier: - Confirms that is correct. - Questions if same goes if the Township wins.

13 - No. In Federal Court, it is only prevailing Plaintiff. - Unless I can demonstrate to the court that the lawsuit brought on by the Plaintiff was absolutely frivolous and without a basis, the court will not award me my fees payable by the Plaintiff. - Fee shifting is in favor of the Plaintiff. Further explains. - Questions Mr. Corrado if his travel time is charged at a full or partial rate. - Confirms he does not charge for travel only for time spent in court. - Asks for an estimate of cost for the total of all of the lawsuits. - The Builders Remedy lawsuit could cost the Township a couple of hundred thousand dollars. Estimates maybe four to five. - Notes he is also the West Cape May Solicitor and explains a similar situation they went through in the past. Notes that West Cape May won the lawsuit and the fees were $275, Notes that lawsuit had considerably different facts. John McCann, Cape May Court House: - Understands that it is a different situation. - Begins to question the zoning lawsuit. - Further estimates the fees for the Federal suit to be in the ballpark of the high fives or low sixes. John McCann, Cape May Court House: - Points out that COAH counsel helped out in the previous situation Mr. Corrado discussed. - Since COAH is a part of this issue along with the zoning board, hopes the Township would have a special counsel represent them. - That is something we would have to contemplate. John McCann, Cape May Court House: - Asks if there is someone in the same caliber as Jeff Surienan that he may refer the Township to. - Notes that he and Mr. Surienan went to law school together. - He spoke with him and had him do an informal review of the COAH compliant. - He would recommend him to the committee if they decide to go that way. - Questions Mr. Corrado regarding if he will be back in court on Wednesday. - Pending discussion with the Plaintiff s Counsel. - Has a proposition he has been authorized to make. If accepted, may not be back in court. If rejected, will be back in court. - Questions Mr. Corrado regarding going back to court if he can appeal; questioned how long the process would take. - Confirms he can appeal. Cannot say how long. It depends on the third circuit court of appeals. - Can petition the third circuit to expedite the consideration of the appeal. - Assures he will do everything he can to push it along as fast as possible. - States if the Judge grants the Plaintiff a Preliminary injunction and he appeals, the Plaintiff will argue to decide the appeal right away due to losing funding after the start of the New Year. - Asks Mr. Corrado if he already has the proposal. - I do but I cannot discuss. - Asks if there is an umbrella policy. Jim Birchmeier: - Explains the Municipal Excess Liability Fund provides umbrella coverage to Municipalities that are JIF members. - Not sure if it will be triggered in this case. - Elaborates on a follow form. - Facing substantial deductibles. - Notes a clause in Middle s policy that can disclaim coverage if the Township refuses to agree to settle on the terms that the carrier believes to be good terms. - There is no choice; coverage is what it is.

14 - Questions the excess policy. - It is the same. Jim Birchmeier: - Municipal Liability Coverage is not great. - In terms of fees could be looking at around five to six hundred thousand dollars; cannot give an estimate for damages. - Thanks everyone for staying and making their voices heard. - Also thanks everyone for coming and for their input. - Committee is trying to do what is best for Middle Township. Kimberly D. Krauss, Township Clerk Motion to adjourn meeting 9:05pm 1 st : Committeemember Donohue 2 nd : Mayor Clark Pass on Roll Call: Committeemember Donohue, Mayor Clark Minutes prepared by Andrea N. Bruno, Keyboarding Clerk