ATLANTIC COUNTY

BOARD OF CHOSEN FREEHOLDERS

Minutes of Meeting

Stillwater Building, 201 Shore Road

Northfield, New Jersey

December 18, 2007
CALL TO ORDER A regular meeting of the Atlantic County Board of Chosen Freeholders was called to order by Chairman Joseph Silipena at 4:00 p.m., Eastern Standard Time, on the above date at the Stillwater Building, Northfield, NJ.
OPEN PUBLIC MEETING ACT Statement of Open Public Meeting Compliance: Pursuant to the Open Public Meeting Act, Chairman Joseph Silipena announced that adequate notice of this meeting, as required by said Act, has been provided to The Press and the Mainland Journal, posted on the bulletin boards at 1333 Atlantic Avenue, Atlantic City; the Stillwater Building, 201 Shore Road, Northfield and at the County Clerk's Offices in Mays Landing.
PRAYER &

FLAG SALUTE

The prayer was led by Freeholder Frank Giordano followed by the flag salute led by Chairman Silipena.
ROLL CALL The following roll call was recorded: PRESENT: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Silipena and Sutton.
MEETING MINUTES

NOVEMBER 20, 2007

Freeholder Sutton moved and Freeholder Kelly seconded a motion to dispense with the reading of the November 20, 2007 Minutes and approve them as presented.

PRESENTATIONS

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

The Vietnam Veterans of America Chapter 825 presented County Executive Levinson with the Veterans Advocate Award.

Chairman Silipena presented Freeholders Lawton Nelson Jr., Sue Schilling and Joe Kelly with plaques in recognition for their years of service on the Board.

ORDINANCE 8

AMENDMENT ORDINANCE 8 (9/11/07)

Freeholder Sutton moved and Freeholder Curcio seconded a motion amending Ordinance No. 8 (9/11/07) extending the prohibitions and regulations of County bridges to the Longport Bridge by amending Chapter 99 of the Atlantic County Code and including a fishing restriction on the first 75 ft. from the base of the bridge - FINAL READING.
PUBLIC MEETING

Chairman Silipena opened the public meeting for comments at 4:25 p.m.

Jeff Normant (420 S. Camelback Drive, Galloway Twp.) asked when was the 75 ft. amendment included on the Ordinance. This is not a compromise because the best place to fish is on the first 75 ft.

Mike Shipton (Absecon resident) stated the amendment is not a fair and equitable compromise.

PUBLIC MEETING David Lum (2601 Oberon Ave., Longport), stated fishing has occurred on the bridge since 1937. He stated based on discussions with previous Longport Borough Administrations, most of the littering occurs at night. He suggested an amendment to include day and night fishing from October to November and from March to April.

Ralph Henry (Seaview Harbor resident) stated he was disappointed with the 75 foot amendment.

Robin Stott (9211 Amherst Avenue, Margate) agreed with Mr. Henry. She stated that the Ordinance was a fair compromise until the inclusion of the 75 ft, language. She questioned why warning signs can't be posted warning fishermen and pedestrians.

Don Yesksy (Somers Point resident) stated the first 75 feet of the bridge is the location for the best fishing.

Jeff Normant requested the 75 ft. Amendment be removed. He suggested October to April because it would not impact traffic. As it stands now the fishermen are only getting a quarter of the year for fishing.

Freeholder Giordano suggested to strike No. 4, deleting the 75 ft. amendment and reviewing the issue in six months. Freeholder Giordano stated that the fisherman had made significant sacrifices.

Freeholder Kelly stated he did not know of the 75 ft. restriction until today and was not pleased with the inclusion of the amendment.

Freeholder Tom Russo stated that there are seven bridges connecting Absecon Island and this is the only bridge where there is fishing.

Freeholder Sue Schilling stated the fishing is a safety and liability issue. The County is liable no matter what. The 75 ft. Amendment does not add to the safety issue.

ORDINANCE 8

AMENDMENT ORDINANCE 8 (9/11/07)

Freeholder Giordano moved and Freeholder Kelly seconded a motion to approve Ordinance No. 8 as amended, deleting the 75 ft. Restriction and reviewing issue in six months.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Schilling, Sutton. NAYS: Silipena and Russo.

RESOLUTION 688

CANCELLATION OF UNEXPENDED BALANCES

Freeholder Giordano moved and Freeholder Schilling seconded a motion requesting a cancellation of unexpended balances in the 2007 Budget pursuant to N.J.S. 40A:4-60.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 689

TRANSFER RESOLUTION

Freeholder Giordano moved and Freeholder Nelson seconded a motion requesting a transfer Resolution in the 2007 Budget in accordance with the provisions of N.J.S. 40A:4-58.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 690

AMENDING RESOLUTION 449 (8/28/07)

Freeholder Schilling moved and Freeholder Curcio seconded a motion amending Resolution No. 449 (8/28/07) regarding a professional services contract with Professional Rehabilitation Associates of New Jersey to provide utilization review services for the Atlantic County Justice Facility for an additional $40,640.00 and an amendatory amount of $256,440.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 691

INTERLOCAL SERVICE AGREEMENT

Freeholder Sutton moved and Freeholder Schilling seconded a motion to enter into an interlocal services agreement with the Atlantic City Special Improvement District (SID) for environmental services at the Oscar E. McClinton Waterfront Park in the amount of $56,851.26.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 692

INTERGOVERNMENTAL

SERVICES AGREEMENT

Freeholder Sutton moved and Freeholder Giordano seconded a motion to enter into an intergovernmental services agreement with Atlantic County Utilities Authority (ACUA) for operation and maintenance of the pumping station at the Meadowview Nursing Home and grinding station at the Atlantic County Justice Facility for an amount not to exceed $38,896.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 693

PROFESSIONAL SERVICES AGREEMENTS

Freeholder Sutton moved and Freeholder Schilling seconded a motion to enter into professional services agreements with various attorneys for litigation and labor services for an amount not to exceed $433,500.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Kelly, Nelson, Russo, Schilling, Sutton and Silipena. ABSTAIN: Giordano.

RESOLUTION 694

SCRAP METAL REMOVAL

Freeholder Sutton moved and Freeholder Giordano seconded a motion to enter into a contract with James Garrett Jr. & Sons, for the removal of scrap metal in the amount of $1,395.00, revenue generating.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 695

GRANT

Freeholder Kelly moved and Freeholder Cooper seconded a motion for a grant application with the New Jersey Department of Agriculture for the 2008 Gypsy Moth Aerial Suppression Program in the amount of $25,000.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 696

LEASE AGREEMENT

Freeholder Nelson moved and Freeholder Giordano seconded a motion to enter into a lease agreement with the Atlantic City Housing Authority and Urban Development Agency to operate the Jeffries Towers Nutrition Site for an amount not to exceed $46,882.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 697

LEASE

AGREEMENT

Freeholder Nelson moved and Freeholder Sutton seconded a motion to enter into a lease agreement with 9-15 South Main Street Corp. for rental space for the Pleasantville Family Center for an amount not to exceed $94,611.22 for a two year period.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 698

INDEMNIFICATION

AGREEMENT

Freeholder Sutton moved and Freeholder Schilling seconded a motion to enter into an indemnification agreement with A.E. Stone, Inc., regarding the asphalt application demonstration project at no cost.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 699

INTERSECTION IMPROVEMENTS

Freeholder Sutton moved and Freeholder Schilling seconded a motion for the re-approval of a bid contract with DeFalco & Bisconti, Inc., lowest responsible bidder, for intersection improvements at Tilton Road (CR 563) and Wrangleboro Road (CR 575) in Hamilton Township and Galloway Township for an amount not to exceed $2,706,304.20.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 700

IMPROVEMENTS TO SHORE ROAD

Freeholder Nelson moved and Freeholder Kelly seconded a motion for re-approval of a bid contract with Krissanna Construction. Inc., lowest responsible bidder, for improvements to Shore Road, Section 6A in the City of Pleasantville and Absecon for an amount not to exceed $981,196.00.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

MOTION TO COMBINE & ADOPT RESOLUTIONS 701 TO 709

Freeholder Schilling moved and Freeholder Giordano seconded a motion to combine and adopt Resolutions 701 to 709.

The above-mentioned motion to combine and adopt was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 701

CHAPTER 159

Insertion into the budget the sum of $146,585.00 from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice, Office of the Insurance Fraud Prosecutor, under the caption of Insurance Fraud Grant CY08.
RESOLUTION 702

CHAPTER 159

Insertion into the budget the sum of $32,000.00 from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of State Police, under the caption of Emergency Management Assistance FFY08.
RESOLUTION 703

CHAPTER 159

Insertion into the budget the sum of $287,600.00 from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice, under the caption of Narcotics Task Force Grant 2007 and $48,121.00 under the caption of Prosecutor's Forfeiture Account.
RESOLUTION 704

CHAPTER 159

Insertion into the budget the sum of $172,240.00 from the State of New Jersey, Department of Health and Senior Services, under the caption of Statewide Respite Care Program CY08.
RESOLUTION 705 CHAPTER 159

Insertion into the budget the sum of $333,510.00 from the State of New Jersey, Department of Human Services, under the caption of Personal Assistance Services Program (PASP) CY08.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 706

CHAPTER 159

Insertion into the budget the sum of $5,000.00 from the State of New Jersey, Department of Military and Veterans Affairs, under the caption of Veteran's Transportation 07-08.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 707

CHAPTER 159

A motion for the insertion into the budget the sum of $1,020,000.00 from the State of New Jersey, Department of Transportation, under the caption of Delilah Road CR646, Sec 5 FY07.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 708

CHAPTER 159

The insertion into the budget the sum of $33,171.00 from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice, under the caption of Sart/Sane Program 07-08.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 709

CHAPTER 159

A motion for the insertion into the budget the sum of $37,132.00 from the State of New Jersey, Office of the Attorney General, Department of Law & Public Safety, Juvenile Justice Commission, under the caption of Detention Diversion Program CY08.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 710

APPOINTMENT

Freeholder Nelson moved and Freeholder Giordano seconded a motion for the appointment of Lamount Fauntleroy to the Atlantic County Youth Services Commission for a term to expire on October 1, 2010.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 711

APPOINTMENTS

Freeholder Schilling moved and Freeholder Curcio seconded a motion for the appointment of Florine Alexander, Steve Bruner, Dr. Philip Guenther, Clark Manley, James McGettigan, Tina Minnis, Debi Cole, Alan DeStefano, Jermone Johnson and Ted Stryker to the Atlantic County Youth Services Commission for terms to expire on October 1, 2010.

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

RESOLUTION 712

OPPOSING STATE TAKEOVER

PUBLIC PORTION

Freeholder Russo moved and Freeholder Sutton seconded a motion opposing any State takeover of Bader Field in Atlantic City, New Jersey (Sponsor: Tom Russo).

The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.

There being no further business, Chairman Silipena opened the public portion of the meeting at 5:28 p.m.

There being no public comments the public portion of the meeting was closed at 5:29 p.m.

ADJOURNMENT There being no further business, Freeholder Giordano moved and Freeholder Nelson seconded to adjourn the meeting at 5:30 p.m.

Submitted by,

Sonya G. Harris

Clerk to the Board

Return to the Freeholder Meeting Minutes Page