ATLANTIC COUNTY

BOARD OF CHOSEN FREEHOLDERS

Minutes of Meeting
Stillwater Building, 201 Shore Road
Northfield, New Jersey

July 17, 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 and 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 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 and flag salute was led by Chairman Silipena.
ROLL CALL The following roll call was recorded: PRESENT: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.
MINUTES Freeholder Kelly moved and Freeholder Giordano seconded a motion to dispense with the reading of the June 5, 2007 and approve them as presented.
  The above-mentioned motion was adopted by the following roll call vote: AYES: Cooper, Curcio, Giordano, Kelly, Nelson, Russo, Schilling, Sutton and Silipena.
ORDINANCE 4

AMENDING & SUPPLEMENTING COUNTY CODE

Freeholder Kelly moved and Freeholder Schilling seconded a motion for an Ordinance amending and supplementing Atlantic County Code Chapter 73, concerning certain fees - FIRST READING

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

ORDINANCE 5

OPERATION CHANGES AT GREENTREE GOLF COURSE

Freeholder Curcio moved and Freeholder Schilling seconded a motion for an Ordinance amending portions of Article XII of the Atlantic County Code and establishing changes in the conditions of operations at the John F. Gaffney Greentree Golf Course - FIRST READING.

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

ORDINANCE 6

COMPETITIVE PROCESS FOR CONTRACTS

Freeholder Sutton moved and Freeholder Schilling seconded a motion for an Ordinance requiring competitive process for professional service contracts - FIRST READING.

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

RESOLUTION 372

INTERGOVERNMENTAL
AGREEMENT

Freeholder Kelly moved and Freeholder Sutton seconded a motion for an intergovernmental renewal agreement with Atlantic City to provide environmental health and hazardous materials response services with the jurisdiction of Atlantic City for an amount not to exceed $48,000.00.

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

RESOLUTION 373

LABORATORY TESTING SERVICES

Freeholder Sutton moved and Freeholder Giordano seconded a motion to enter into a renewal agreement with the ACUA to provide laboratory testing services in the amount of $40,000.00.

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

RESOLUTION 374

AMENDING RESOLUTION 454 (8/23/05)

Freeholder Russo moved and Freeholder Sutton seconded a motion amending Resolution No. 454 (8/23/05) regarding an intergovernmental agreement with the City of Atlantic for the County Municipal Open Space Partnership Program to extend the term date only for the acquisition of Block 432, Lots 8-14 and 17 and Block 433, Lots 12-19 approximately .606 acres at Bungalow Park.

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

RESOLUTION 375

AMENDING RESOLUTION 463 (8/23/05)

Freeholder Russo moved and Freeholder Sutton seconded a motion amending Resolution No. 463 (8/23/05) regarding an intergovernmental agreement with the City of Margate for the County Municipal Open Space Partnership Program to extend the term date only for the acquisition of approximately 2.21 acres to expand existing park holdings 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 376

AMENDING RESOLUTION 469 (8/23/05)

Freeholder Russo moved and Freeholder Sutton seconded a motion amending Resolution No. 469 (8/23/05) regarding an intergovernmental agreement with the Township of Weymouth for the implementation of the County Municipal Open Space Partnership Program for acquisition of 1821.88 acres known as the Reiner and Orens Properties.

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

RESOLUTION 377

ENGINEERING INSPECTIONS SERVICES

Freeholder Sutton moved and Freeholder Schilling seconded a motion to enter into a professional services agreement with Schoor DePalma Engineers, Inc., to provide engineering inspection services for Lenape Park in Hamilton Township for an amount not to exceed $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 378

VOTING MACHINE SOFTWARE

Freeholder Sutton moved and Freeholder Schilling seconded a motion to enter into a contract with Sequoia Voting Systems, Inc. for a license agreement for voting machine software for an amount not to exceed $50,000.00.

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

RESOLUTION 379

INFANT MORTALITY REVIEW SERVICES

Freeholder Kelly moved and Freeholder Sutton seconded a motion to enter into a contract with the Southern New Jersey Perinatal Cooperative for Fetal Infant Mortality Review services revenue generating in the amount of $5,000.00.

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

RESOLUTION 380

AMENDING RESOLUTION 463 (8/22/06

Freeholder Russo moved and Freeholder Sutton seconded a motion amending Resolution No. 463 (8/22/06) regarding a professional services agreement with Martin F. Blumberg Associates to provide additional services in the amount of $7,970.00 and an amendatory contract amount of $23,229.00 and extending the contract expiration date.

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

RESOLUTION 381

INTERGOVERNMENTAL SERVICES AGREEMENT

Freeholder Russo moved and Freeholder Schilling seconded a motion to enter into an intergovernmental services agreement with the City of Ventnor concerning storm water drainage pumping facilities serving Ventnor Heights for an amount not to exceed $30,000.00.

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

RESOLUTION 382

PURCHASE OF NATURAL GAS

Freeholder Curcio moved and Freeholder Giordano seconded a motion to enter into a contract for the purchase of the commodity "Natural Gas" for the participation members of the Atlantic County/Cape May County Energy Cooperative in the amount of $872,017.54.

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

RESOLUTION 383

CONCRETE SIDEWALKS

Freeholder Russo moved and Freeholder Schilling seconded a motion to enter into a contract with Bud Concrete, Inc., for installation of concrete sidewalks at the Criminal County Complex and Justice Facility and two (2) year miscellaneous maintenance and repair at various locations for an amount not to exceed $72,700.00.

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

RESOLUTION 384

GAS RANGES

Freeholder Giordano moved and Freeholder Sutton seconded a motion to enter into a contract with Don J. Urie Associates, Inc. to furnish and deliver heavy duty gas ranges with accessories for an amount not to exceed $21,622.00.

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

RESOLUTION 385

URETHANE FLOORING SYSTEM

Freeholder Russo moved and Freeholder Schilling seconded a motion to enter into a contract with A & E Construction Co. Inc., for installation of seamless, urethane flooring system at the Justice Facility kitchen, Mays Landing for a sum not to exceed $294,445.00.

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

RESOLUTION 386

FOOD PACKAGING SYSTEM

Freeholder Kelly moved and Freeholder Giordano seconded a motion to enter into a contract with Oliver Products Company, to furnish and deliver a food packaging system for an amount not to exceed $38,115.00.

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

RESOLUTION 387

CHANGE ORDER

Freeholder Sutton moved and Freeholder Giordano seconded a motion for Change Order #1 contract with Tozour Energy Systems, Inc. D/B/A/Tozour Trane for overhaul of the cooling tower at the COB for an additional $5,005.00 and an adjusted contract amount of $54,355.00.

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

RESOLUTION 388

GRANT

Freeholder Nelson moved and Freeholder Kelly seconded a motion to accept a grant in the amount of $3,862,297.00 from the Workforce Investment Act Funds from the New Jersey Department of Labor for Program Year 2007.

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

RESOLUTION 389

LEASE RENEWALS

Freeholder Giordano moved and Freeholder Sutton seconded a motion for renewal leases with various nutrition sites throughout the County for 2007 - total contract amount $15,573.00.

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

RESOLUTION 390

ACCEPTANCE OF DEEDS

Freeholder Sutton moved and Freeholder Schilling seconded a motion for the acceptance of Deeds from various Grantors in accordance with Atlantic County Planning Standards.

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

RESOLUTION 391

EASEMENTS

Freeholder Sutton moved and Freeholder Giordano seconded a motion authorizing the County to grant an easement to Atlantic City Electric Company and Verizon New Jersey Inc., for the purpose of establishing and maintaining utility poles and service to the Egg Harbor Township Community Center, located adjacent to County property at Block 3201, Lot 49, in Egg Harbor Township.

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

RESOLUTION 392

CHAPTER 159

Freeholder Nelson moved and Freeholder Curcio seconded a motion

for the insertion into the budget the sum of $3,862,297.00 from the State of New Jersey, Department of Labor and Workforce Development under the caption of WIA 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 393

APPOINTMENT

Freeholder Nelson moved and Freeholder Curcio seconded a motion for the appointment of Claudia Capasso to the Atlantic County Human Services Advisory Council (HSAC) for a term to expire on January 1, 2009.

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

RESOLUTION 394

REAPPOINTMENTS

TABLED: Freeholder Giordano moved and Freeholder Kelly seconded a motion to table the reappointment of Trina Byrd, Reverend William B. Cowhered, Jr., Joyce Mollineaux, William R. Southrey, Betty Spence and Lenore Velasquez to the Atlantic County Human Services Advisory Council.

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

RESOLUTION 395

APPOINTMENT

Freeholder Nelson moved and Freeholder Curcio seconded a motion to appoint Erica E. Thomas to the Atlantic County Advisory Commission on Women for a term to expire on February 28, 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 396

REAPPOINTMENT

Freeholder Nelson moved and Freeholder Curcio seconded a motion for the reappointment of Alan Beatty, Gordon Dahl, Dr. Phillip Guenther, Larry Haas, Daniel Konczyk Sr., Eric Reynolds and Dr. Peter Mora to the Atlantic/Cape May Workforce Investment Board (WIB) for terms to expire on June 30, 2010.

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

PUBLIC COMMENTS There being no further business, Chairman Silipena opened the public portion of the meeting at 4:40 p.m

Mr. Jim McGettigan, Atlantic County Sheriff, spoke regarding the 2006 County Audit. Mr. McGettigan stated he felt that the audit was excellent and stated such at the last Freeholder Meeting. He stated that as elected officials in Atlantic County, i.e. Freeholders, Executives, councilman and Constitutional Officers should ban the practice of accepting campaign contributions from professional vendors. Requested the Board prepare a resolution to ban the practice of accepting campaign contributions from vendors who are currently doing business with the County. A discussion ensued with questions posed to Sheriff McGettigan.

Freeholder Giordano stated this would be a good challenge for the Board. This would give people more confidence in the Freeholder Board.

Executive Levinson spoke regarding the last audit contract and how these numbers do not add up with Sheriff McGettigans. Howard Kyle indicated County is moving in this direction and will present it to the Board in the future.

Mr. Larry Angel (Mullica Township resident) stated the issue of appearances is something to consider. He would like potential bidders to be banned in the future for at least three or four years.

Atlantic County Executive Dennis Levinson asked the Board to wait for Administration to present the Ordinance.

Freeholder Cooper expressed her concern that the perception of wrong doing was something that has to be considered. When will something be brought to the Board.

Renee Koubiadis, South Jersey Coordinator for the Center of Civic Responsibility, spoke regarding the work that is being done on the new Ordinance with the Administration.

Mr. Joe McDevitt (Ventnor resident), asked the Democrats if they were deceived or hoodwinked or used. All Democrats responded.

Joe Nickels (Mays Landing resident) suggested that part time employees should not receive benefits only full-time employees.

Larry Angel thanked the County Administration for opening the Egg Harbor City Library. Mr. Angel requested the Board's support of Assembly Bill No. 795 and Senate Bill No. 171 eliminating the death penalty. The Clerk to the Board will provide copies of the above-mentioned Bills to all Freeholders for consideration.

Mark Ginsberg asked for a public portion before and after agenda items have been voted. Mr. Ginsburg raised an issue regarding drivers of senior citizen transportation, the County's policy of transporting them and the comments that were made to him.

There being no further public comments, Chairman Silipena closed the public portion of the meeting at 6:15 p.m.

FREEHOLDER COMMENTS Freeholder Curcio gave a safety report regarding the dam. He requested the Board members direct their thoughts and questions to the Freeholder Pinelands Review Committee.

Freeholder Kelly requested a resolution supporting the requirement that any United States or State flag purchased with state funds be manufactured in the United States.

There being no further Freeholder comments, this portion of the meeting closed at 6:20 p.m.

ADJOURNMENT There being no further business, it was moved and seconded to adjourn the meeting at 6:21 p.m.

Respectfully submitted,

Thomas R. Somers

Clerk to the Board

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