TOWNSHIP OF UPPER
CAPE MAY COUNTY
REORGANIZATION MEETING OF THE TOWNSHIP COMMITTEE –6:30 P.M.
Call to Order
Roll Call
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Present
Also present were Municipal Clerk Wanda Gaglione, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
Sunshine Announcement
Presentation of the Colors - Boy Scout Troop 79
Invocation – Father Robert J. Gregorio-Church of the Resurrection
Statement of Determination of Election
Oath of Office- administered by Wanda Gaglione, Municipal Clerk
Committeeman Richard Palombo
Committeewoman Barbara A. Camp
Motion by Jay Newman second by Curtis Corson to nominate Richard Palombo as Mayor for 2007. There were no other nominations. During roll call vote all five Committee members voted in the affirmative. Richard Palombo, Upper Township Mayor for 2007.
Resolutions:
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 001-2007
RE: APPOINTMENT OF DEPUTY MAYOR.
________________________________________________________
WHEREAS, it is deemed advisable to appoint a member of the Township Committee to the position of Deputy Mayor of the Township of Upper in the County of Cape May and State of New Jersey.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. Committeeman Curtis T. Corson is hereby designated and appointed as Deputy Mayor of the Township of Upper, in the County of Cape May and State of New Jersey, effective immediately, to serve until the next annual meeting of the Township Committee and until his successor is duly appointed and qualified.
Resolution No.001-2007
Offered by: Palombo, Seconded by: Camp
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x__ _____ _____ _____
Conrad __x__ _____ _____ _____
Corson __x__ _____ _____ _____
Newman __x__ _____ _____ _____
Palombo __x__ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 002-2007
RE: ESTABLISHMENT OF DEPARTMENTS
_________________________________________________________
WHEREAS, it is deemed necessary to establish Departments within the Township government to provide for the orderly and efficient transaction of Township business and to promote public service.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following Departments are hereby established within the Township of Upper, effective immediately and to remain in effect until the next Reorganization Meeting of the Township Committee, unless sooner modified or terminated and the member of the Township Committee assigned to oversee the operation of such Department is as follows:
Committeeman Conrad: Municipal Court,
Public Building and Grounds,
and Animal Shelter.
Committeewoman Camp: Department of Public
Works.
Committeeman Corson: Revenue and Finance.
Committeeman Newman Recreation Department, Fire and
Rescue, and Public Safety.
Committeeman Palombo: Personnel,
Emergency Management,
and Lifeguards.
Resolution No.002-2007
Offered by: Camp, Seconded by: Newman
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ __________ __________
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 003-2007
RE: APPOINTMENT OF MUNICIPAL AUDITOR; TOWNSHIP ENGINEER; TOWNSHIP SOLICITOR; MUNICIPAL PROSECUTOR
AND MUNICIPAL PUBLIC DEFENDER
_________________________________________________________________________
WHEREAS, the Township of Upper is required, in accordance with the provisions of N.J.S. 40A:5-4, to cause an annual audit of the books, accounts and financial transactions of the Township of Upper and in order to do so, it is necessary to retain a Registered Municipal Accountant; and
WHEREAS, N.J.S. 40A:9-140 requires the appointment of a Municipal Engineer and the Township of Upper recognizes the need for professional engineering services and advice to ensure the orderly, efficient and proper conduct of the affairs of the said Township; and
WHEREAS, N.J.S. 40A:9-139 requires the appointment of a Municipal Attorney and the Township of Upper recognizes the need for professional legal services and advice to ensure the orderly, efficient and proper conduct of the affairs of the said Township; and
WHEREAS, there also exists a need for the appointment of an Attorney At Law of the State of New Jersey to act in the capacity of Municipal Prosecutor; and
WHEREAS, there also exists a need for the appointment of an Attorney At Law of the State of New Jersey to serve in the capacity of Municipal Public Defender; and
WHEREAS, the services to be performed by the Auditor, Engineer, Township Solicitor, Municipal Prosecutor and Municipal Public Defender are declared to be professional services performed by persons authorized by law to practice recognized professions, which professions are regulated by law within the meaning of the Local Public Contracts Law (N.J.S. 40A:11-1, et seq.) and, hence, are exempt from competitive bidding; and
WHEREAS, the Township has a need to acquire the services of the Municipal Auditor, Township Solicitor and Municipal Prosecutor as non-fair and open contracts pursuant to the provisions of N.J.S.A. 19:44A-2.05; and
WHEREAS, the Township purchasing agent has determined and certified in writing that the value of each of the contracts for the Municipal Auditor, Township Solicitor and Municipal Prosecutor will exceed $17,500.00; and
WHEREAS, the proposed Municipal Auditor, Township Solicitor and Municipal Prosecutor have completed and submitted Business Entity Disclosure Certifications which certify that the contractor has not made any reportable contributions to a political or candidate committee in the Township that would bar the award of this contract and that the contract will prohibit the contractor from making any reportable contributions through the term of the contract; and
WHEREAS, funds are available for the purposes set forth above.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. Leon Costello, C.P.A., R.M.A., is hereby appointed as Registered Municipal Accountant for the Township of Upper for a term of one (1) year, commencing January 1, 2007, and until his successor is duly appointed and qualified.
3. Paul Dietrich, P.E., is appointed as Township Engineer for the Township of Upper for a term of one (1) year, commencing January 1, 2007, and until his successor is duly appointed and qualified.
4. Daniel J. Young, Esquire is hereby appointed as Township Solicitor for the Township of Upper for a term of one (1) year commencing January 1, 2007, and until his successor is duly appointed and qualified.
5. Patrick F. Martin, Esquire is hereby appointed as Municipal Prosecutor for the Township of Upper for a term of one (1) year, commencing January 1, 2007, and until his successor is duly appointed and qualified.
6. William E. Brewer, Esquire is hereby appointed as Municipal Public Defender for the Township of Upper for a term of one (1) year, commencing January 1, 2007, and until his successor is duly appointed and qualified.
7. Compensation for the Auditor, Engineer, Solicitor, Prosecutor and Public Defender shall be on the basis of Professional Contracts to be negotiated with such individuals and payment shall be made by the Township of Upper for such professional services based upon vouchers to be submitted and approved by the Township Committee, unless the Annual Salary Ordinance shall make provision for the payment of part or all of the compensation for any such professionals in accordance with said Professional Contract.
8. The Mayor and the Township Clerk are hereby authorized and directed to execute, on behalf of the Township of Upper, professional Contracts with the Auditor, Engineer, solicitor, Prosecutor and Public Defender in accordance with the terms and provisions of the Local Public Contracts Law, subject to and in accordance with the limitations imposed in Paragraph 7 hereof.
9. A Copy of this Resolution shall be published in the official newspaper of the Township of Upper within ten (10) days from the date of adoption.
10. The Business Disclosure Entity Certification and the Determination of Value for the Municipal Auditor, Township Solicitor and Municipal Prosecutor contracts shall be placed on file with this Resolution.
Resolution No. 003-2007
Offered by: Corson, Seconded by: Conrad
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x________ __________ __________ __________
Conrad __x________ __________ __________ __________
Corson __x________ __________ __________ __________
Newman __x________ __________ __________ __________
Palombo __x________ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 004-2007
RE: APPOINTING OFFICIAL TO CERTIFY
MUNICIPAL IMPROVEMENT SEARCHES.
________________________________________________________
WHEREAS, it is necessary to have an authorized official of the Township of Upper, in the County of Cape May and State of New Jersey, to execute, on behalf of the Township of Upper, certificates for municipal improvements; and
WHEREAS, the Township Committee of the Township of Upper desires to make such an appointment.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. WANDA GAGLIONE, the Township Clerk of the Township of Upper, is hereby designated as the official of the Township of Upper authorized to execute certificates as to liability for municipal improvements for the year 2007.
3. This Resolution shall become effective immediately upon its adoption.
Resolution No.004-2007
Offered by: Camp, Seconded by: Corson
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x__ _____ _____ _____
Conrad __x__ _____ _____ _____
Corson __x__ _____ _____ _____
Newman __x__ _____ _____ _____
Palombo __x__ _____ _____ _____
5. Designation of Banking Institutions as Official Depositories.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 005-2007
RE: DESIGNATION OF BANKING INSTITUTIONS
AS OFFICIAL DEPOSITORIES.
________________________________________________________
WHEREAS, it is necessary that the Township Committee of the Township of Upper, in the County of Cape and State of New Jersey, designate certain banking institutions as official depositories for Township funds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Commerce Bank, New Jersey is hereby designated as the principal depository of the Township of Upper.
3. The following banking institutions are hereby designated as secondary depositories of the Township of Upper:
(A) Sun National Bank;
(B) Wachovia;
(C) Ocean City Home Bank;
(D) PNC Bank, New Jersey;
(E) Cape Savings Bank;
(F) First Bank of Sea Isle City;
(G) Municipal Investors Corp.;
(H) N.J. Cash Management Plan and
(I) Crown Bank of Ocean City
(J) Bank of America, N.A.
(K) Sovereign Bank
4. The Mayor, the Township Clerk and the Township Chief Financial Officer, as well as such other officials as may be designated by law, are hereby authorized, directed and empowered to execute any Resolutions of any of the aforesaid banking institutions which may be reasonably required in order to carry out the intent and purpose of this Resolution.
5. This Resolution shall become effective immediately
upon adoption.
Resolution No. 005-2007
Offered by: Conrad, Seconded by: Corson
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x______ __________ __________ __________
Conrad ____x______ __________ __________ __________
Corson ____x______ __________ __________ __________
Newman ____x______ __________ __________ __________
Palombo ____x______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 006-2007
RE: DESIGNATION OF OFFICIAL NEWSPAPERS
_____________________________________________________
WHEREAS, it is necessary to designate one (1) or more newspapers as an official newspaper of the Township of Upper.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following newspapers are hereby designated as the official newspapers of the Township of Upper:
The Press and Sunday Press
and/or
Ocean City Sentinel Ledger
Resolution No.006-2007
Offered by: Newman, Seconded by: Camp
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _x___ _____ _____ _____
Conrad _x___ _____ _____ _____
Corson _x___ _____ _____ _____
Newman _x___ _____ _____ _____
Palombo _x___ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 007-2007
RE: APPOINTMENTS TO THE RECREATION COMMITTEE.
___________________________________________________
WHEREAS, a need exists in the Township of Upper to appoint suitable persons to the Recreation Committee of the Township of Upper.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The following persons be and they are hereby appointed to the Recreation Committee of the Township of Upper for a one (1) year term, commencing January 1, 2007 and expiring on December 31, 2007, provided, however, that such member shall continue to serve until his/her successor is duly appointed and qualified:
Regular Members
Eric Ortolf-Baseball
Ron Sleister-Softball
Joseph Monteleone-Wrestling
Al Heston-Soccer
Kevin Wiesner-Football
Robin Wolf-Smith--Cheerleading
3. The forgoing appointees shall constitute the sole members of the Recreation Committee for 2007, subject to the provision of Paragraph 4 hereof.
4. The Township Committee expressly reserves the right
to supplement this Resolution by the appointment of an
additional member or members to the Recreation Committee.
Resolution No. 007-2007
Offered by: Newman, Seconded by: Corson
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp _x___ _____ _____ _____
Conrad _x___ _____ _____ _____
Corson _x___ _____ _____ _____
Newman _x___ _____ _____ _____
Palombo _x___ _____ _____ _____
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 008-2007
RE: PAYMENT OF REAL ESTATE TAXES
AND PENALTY FOR LATE PAYMENT.
________________________________________________________
WHEREAS, N.J.S. 54:4-66, which mandates the date on which real estate taxes shall be paid to the municipality, has been amended by P.L. 1991, c.410, s.4; and
WHEREAS, N.J.S. 54:4-67, which mandates the rate of interest to be charged on the payment of all real estate taxes which are delinquent, has also been amended by P.L. 1991, c. 75, s.39; and
WHEREAS, said amendments were amended by P.L. 1994, c.32, which was approved May 12, 1994; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. In accordance with N.J.S. 54:4-66, all real estate taxes shall be payable quarterly in accordance with the following schedule:
First Installment - February 1
Second Installment - May 1
Third Installment - August 1
Fourth Installment - November 1
3. In the event that the real estate taxes are not paid in accordance with the foregoing quarterly payment schedule, said taxes shall become delinquent and remain delinquent until such time as all unpaid taxes, including taxes and other liens subsequently due and unpaid, together with interest, have been fully paid and satisfied.
4. In accordance with N.J.S. 54:4-67, if taxes are not paid when due, and are delinquent, then, in addition to the taxes due and payable an additional sum equal to eight (8%) percent per annum on the first $1,500.00 of delinquency and eighteen (18%) percent per annum on any amount in excess of $1,500.00, to be calculated from the date the tax was payable until the date that actual payment to the lien holder will be next authorized
5. No interest shall be charged pursuant to Paragraph 4 of this Resolution if payment of any installment is made within the tenth (10th) calendar day following the date upon which the same became payable.
6. In addition to the interest penalty imposed pursuant to Section 4 of this Resolution, a further penalty shall be charged to a taxpayer with a delinquency in excess of $10,000.00 who fails to pay that delinquency prior to the end of the fiscal year. The fiscal year for the Township of Upper shall be the calendar year. The penalty so fixed shall equal six (6%) percent of the amount of the delinquency.
7. If delinquent taxes in excess of $10,000.00 are fully paid and satisfied by the holder of any outstanding Tax Sale Certificate, the holder shall be entitled to receive the amount of the penalty, that is, six (6%) percent of the amount of the delinquency, as part of the amount required to redeem such Certificate of Sale.
8. It is the policy of Upper Township Tax Collector’s Office to accept small coins as
payment only when they are wrapped or the balance is .50 cents or less. If a taxpayer
wants to pay all in coins, they may do so at the Commerce Bank who has a coin counting machine.
9. A copy of this Resolution shall be prominently posted in the office of the Tax Collector of the Township of Upper and shall also be prominently posted upon the bulletin board in the Township Hall.
10. This Resolution shall take effect immediately.
Resolution No. 008-2007
Offered by: Corson, Seconded by: Camp
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ __________ __________
Conrad ___x_______ __________ __________ __________
Corson ___x_______ __________ __________ __________
Newman ___x_______ __________ __________ __________
Palombo ___x_______ __________ __________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 009-2007
RE: SCHEDULE OF TOWNSHIP COMMITTEE
MEETINGS FOR 2007.
_______________________________________________
WHEREAS, N.J.S.A. 10:4-18 requires that every public body give notice concerning the schedule of regular meetings to be held during the succeeding year, which schedule shall contain the location of each meeting, to the extent that it is known, and the time and date of each meeting.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated hereby by this reference.
2. Regular meetings of the Township Committee shall be held on the second (2nd) and fourth (4th) Mondays of each month, unless otherwise indicated, in accordance with the following schedule:
2007 SCHEDULE - REGULAR MEETINGS
Work Regular
Session Meeting
January 5 Reorganization 6:30 p.m.
January 8 Regular Meeting 6:30 p.m. 7:30 p.m.
January 22 Regular Meeting 3:00 p.m. 4:00 p.m.
Feb. (Tues) 13 Regular Meeting 6:30 p.m. 7:30 p.m.
February 26 Regular Meeting 3:00 p.m. 4:00 p.m.
March 12 Regular Meeting 6:30 p.m. 7:30 p.m.
March 26 Regular Meeting 3:00 p.m. 4:00 p.m.
April 16 Regular Meeting 6:30 p.m. 7:30 p.m.
April 23 Regular Meeting 3:00 p.m. 4:00 p.m.
May 14 Regular Meeting 6:30 p.m. 7:30 p.m.
May (Tues.) 29 Regular Meeting 3:00 p.m. 4:00 p.m.
June 11 Regular Meeting 6:30 p.m. 7:30 p.m.
June 25 Regular Meeting 3:00 p.m. 4:00 p.m.
July 9 Regular Meeting 6:30 p.m. 7:30 p.m.
July 23 Regular Meeting 3:00 p.m. 4:00 p.m.
August 13 Regular Meeting 6:30 p.m. 7:30 p.m.
August 27 Regular Meeting 3:00 p.m. 4:00 p.m.
September 10 Regular Meeting 6:30 p.m. 7:30 p.m.
September 24 Regular Meeting 3:00 p.m. 4:00 p.m.
Oct. (Tues) 9 Regular Meeting 6:30 p.m. 7:30 p.m.
October 22 Regular Meeting 3:00 p.m. 4:00 p.m.
Nov. (Tues) 13 Regular Meeting 6:30 p.m. 7:30 p.m.
November 26 Regular Meeting 3:00 p.m. 4:00 p.m.
December 10 Regular Meeting 6:30 p.m. 7:30 p.m.
December 17 Regular Meeting 3:00 p.m. 4:00 p.m.
3. Unless otherwise indicated, all regular meetings of the Township Committee will be held on the dates indicated, at the Township Hall, Tuckahoe, New Jersey. A work session shall generally precede every regular meeting of the Township Committee. The work session will be open to the public unless the matter under discussion involves one or more matters set forth in N.J.S.A. 10:4-12(b). In the event that any such matter is discussed, the public will be excluded from that portion of the meeting pursuant to Resolution which shall be adopted in accordance with N.J.S. 10:4-13. The evening meetings will recess from 9:00 p.m. to 9:15 p.m. and will then continue until 10:30 p.m., at which time the public portion of the meeting will be adjourned and the Township Committee will further consider matters set forth in N.J.S.A. 10:4-12(b) and the public shall be excluded from that portion of the meeting. At the conclusion of such closed session, the meeting shall be reopened to the public. All evening meetings of the Township Committee, whether closed or open, will end at 11:00 p.m.
4. In the event of a necessity for holding a meeting of the Township Committee, in addition to the meeting schedule set forth in Paragraph 2 of this Resolution, the Township Clerk shall give written advance notice of at least forty eight (48) hours giving the date, time, location and, to the extent known, the agenda, of any regular, special or rescheduled meeting, which notice shall state whether formal action may or may not be taken. Such notice shall be:
(A) Prominently posted on the bulletin board in the Township Hall; and
(B) Mailed, telephoned, telegrammed or hand delivered to the newspapers hereinafter set forth in this Resolution; and
(C) Filed in the Township Clerk's office.
5. The Township Clerk shall post either a copy of this
Resolution or a copy of the scheduled meetings for the current year on the bulletin board in the Township Hall and, in addition, shall mail a copy of this Resolution to the following newspapers:
The Press and Sunday Press
1 South Main Street
Cape May Court House, N.J. 08210
The Ocean City Sentinel Ledger
112 East 8th Avenue
Ocean City, N.J. 08226
6. Any person requesting to be mailed copies of any regular meeting schedule or revision thereof and any advance written notice of such meetings as permitted by N.J.S.A. 10:4-19, shall pay a fee to the Township Clerk as follows:
Schedule of Fees
For copy of schedule of regular
meetings and revisions thereto: $10.00
For advance written notice of a
particular meeting designated in
the request: $10.00
For advanced written notice of all
regular, special or rescheduled
meetings during the calendar year: $25.00
All notices sent to any person requesting same in accordance
with N.J.S.A. 10:4-19 shall terminate December 31, 2007.
Resolution No. 009-2007
Offered by: Conrad, Seconded by: Newman
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x__ _____ _____ _____
Conrad __x__ _____ _____ _____
Corson __x__ _____ _____ _____
Newman __x__ _____ _____ _____
Palombo __x__ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 010-2007
RE: PROVIDING FOR BI-WEEKLY PAYROLL.
_________________________________________________
BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. All of the employees of the Township of Upper covered by the Salary Ordinance shall be paid bi-weekly on alternate Fridays, commencing January 6, 2007, unless such employees elect to be paid monthly or quarterly and notify the Chief Financial Officer of such fact, in which case, such employees shall be paid in accordance with such election.
2. The Chief Financial Officer is directed to distribute all payroll checks to the Department Heads of the employees of the Township of Upper at or before the close of business on those days designated as paydays and the Chief Financial Officer shall not be required to present such paychecks for approval at a meeting of the Township Committee when such payment is for salaries and wages which have been approved by the Salary Ordinance currently in effect in the Township of Upper.
3. This Resolution shall take effect immediately.
Resolution No.010-2007
Offered by: Newman, Seconded by: Camp
Adopted: January 5, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x__ _____ _____ _____
Conrad __x__ _____ _____ _____
Corson __x__ _____ _____ _____
Newman __x__ _____ _____ _____
Palombo __x__ _____ _____ _____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 011-2007
RE: PROCEDURE TO BE FOLLOWED IN WORK SESSION
MEETINGS AND REGULAR MEETINGS OF THE TOWNSHIP
COMMITTEE; LIMITING THE TIME OF SUCH MEETINGS;
AND PROVIDING A SCHEDULE FOR THE ORDERLY
CONDUCT OF SUCH MEETINGS
AND ESTABLISHING CERTAIN OTHER
RULES AND REGULATIONS PERTAINING TO SAME.
_________________________________________________
WHEREAS, the Open Public Meetings Law of the State of New Jersey requires that meetings of the Governing Body be open to the public, except in certain limited instances; and
WHEREAS, the Township Committee intends to hold a work session meeting prior to the regularly scheduled meeting of the Township Committee, which work session meeting shall be open to the public in accordance with the provisions of Resolution No. 009-2007, unless the subject matter under discussion involves one or more matters set forth in N.J.S.A. 10:4-12(b), in which event the public shall be excluded from that portion of the meeting; and
WHEREAS, it is necessary to establish a procedure for the orderly transaction of such business.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The regular meeting of the Township Committee will commence at either 7:30 p.m. or 4:00 p.m. on those dates which have been designated as meeting dates. The Township Committee will convene publicly, however, at 6:30 p.m. or 3:00 p.m. for a work session meeting. The public may be excluded from the work session meeting upon the adoption of an appropriate Resolution in order to discuss one or more of the following subject matters:
(A) Any matter which, by express provision of Federal Law or State Statute or Rule of Court shall be rendered confidential or excluded from the provisions of subsection A. of this section (N.J.S.A. 10:4-12);
(B) Any matter in which the release of information would impair a right to receive funds from the Government of the United States;
(C) Any material, the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, dates, reports, recommendations, or other personal material of any educational, training, social service, medical health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request, in writing, that the same be disclosed publicly;
(D) Any Collective Bargaining Agreement, or the terms and conditions which are proposed for inclusion in any Collective Bargaining Agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body;
(E) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of bank rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed;
(F) Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law;
(G) Any pending or anticipated litigation or contract negotiations other than in subsection (4) herein in which the public body is, or may become, a party. Any matter falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer;
(H) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request, in writing, that such matter or matters be discussed at a public meeting;
(I) Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.
3. The Resolution which shall be adopted closing the meeting to the public shall be adopted in accordance with the provisions of N.J.S.A. 10:4-13, which shall state the general nature of the subject to be discussed and shall state, as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the Governing Body can be disclosed to the public.
4. Promptly at 7:30 p.m. or 4:00 p.m., the work session of the Township Committee, whether opened or closed to the public, shall terminate and the regular meeting of the Township Committee shall commence. All evening meetings shall continue until 9:00 p.m., at which time a fifteen (15) minute recess will occur, with the meeting resuming at 9:15 p.m. and continuing until 10:30 p.m., at which time the public shall be excluded from the meeting in order to permit the Township Committee to take up one or more of the matters enumerated in Section 2 of this Resolution. Such closed session shall terminate so as to permit the meeting to be reopened to the public and to be adjourned not later than 11:00 p.m.
RULES PERTAINING TO PUBLIC COMMENT:
5. In the conduct of public meetings and the course of receiving public comments, the following procedures shall apply:
(A) Any member of the public wishing to address the Township Committee on any matter, including public hearings on the adoption of Ordinances or the adoption of the Township Budget, shall be limited to a total of five (5) minutes, at which point such individual shall cease speaking and shall not thereafter be recognized, except in the exercise of the sound discretion of the Mayor or other presiding officer, which discretion should only be exercised after all other persons desiring to address the Township Committee on any issue have had an opportunity to do so.
(B) In receiving public comments on a particular issue or in conducting public hearings on the adoption of an Ordinance or the Annual Budget, or in conducting any other public hearing, the Mayor, or the presiding officer in the absence of the Mayor, shall determine, either in the exercise of his discretion or on a motion adopted by a majority of the members of the Township Committee, the amount of time that is to be devoted to the particular issue and discussion thereon shall be limited accordingly. Any such determination made by the Mayor or presiding officer may be the subject of an appeal to the Township Committee as a whole, which may overrule such determination by majority vote.
(C) In calling for public comment, the Mayor or presiding officer shall recognize a particular member of the public. Upon being recognized, such person shall state his or her full name, address and general nature of the matter to be commented upon, unless such comments are in the course of a public hearing on a particular subject, in which event such comments must be limited to the matter under discussion and shall not relate to any other issue.
(D) The Mayor or other presiding