TOWNSHIP OF UPPER
CAPE MAY COUNTY
MINUTES FOR JANUARY 4, 2008 REORGANIZATION

REORGANIZATION MEETING OF THE TOWNSHIP COMMITTEE -6:30 P.M.  CALL TO ORDER

SUNSHINE ANNOUNCEMENT

SALUTE TO THE FLAG

Presentation of the Colors - Boy Scout Troop 79 of Seaville,

Charles Webb, Scout Master

National Anthem - presented by Missy Schenck 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. A full audience was in attendance.

INVOCATION

Pastor James Bry-Second Cape May Baptist Church

STATEMENT OF DETERMINATION OF ELECTION  OATH OF OFFICE

Committeeman              Curtis T. Corson, Jr.

Committeeman              John (Jay) Newman

Sworn in by the Municipal Clerk. NOMINATIONS FOR MAYOR - 2008

Curtis Corson nominated Richard Palombo for Mayor, Jay Newman seconded. There were no other nominations. During roll call vote all five Committee members voted in the affirmative.

Richard Pa(ombo, Mayor for 2008.

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RESOLUTIONS:

1. Appointment of Deputy Mayor.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 001-2008
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:

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.001-2008

Offered by: Palombo,                  Seconded by: Conrad
Adopted: January 4, 2008

Roll Call Vote:

NAME                   YES                       NO              ABSTAINED        ABSENT

Camp                     __x__                    _____          _____                    _____

Conrad                   __x __                   _____          _____                    _____

Corson                   __x __                   _____          _____                    _____

Newman                 __x __                   _____          _____                    _____

Palombo                 __x __                   _____          _____                    _____

Mayor Pa(ombo congratu(ated Curtis Corson and commented that they have been a team for the (ast nine years and it is an honor to serve with him.

He then recognized the e(ected officia(s present this evening and thanked them for attending:

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Congressman Frank LoBiondo

Senator-e(ect Jeff Van Drew

Freeho(der Director Danie( Beye(

County Freeho(der, Mayor of Sea Is(e City, Leonard Desiderio Freeho(der Ra(ph Bak(ey

Upper Township Leader David Beye(

County C(erk Rita Fu(giniti

Township Prosecutor, Patrick Martin

Former Township Mayor/Committeeman, Andrew McCrosson

Mayor Palombo commented that it was a great honor to recognize Elizabeth Bergus and dedicate this evening to her. For the benefit of those who did not know her, he stated that Mrs. Bergus has attended almost every Township Committee meeting since the 1980's and has represented her town Strathmere with much enthusiasm. She passed away recently and up until a few days prior always kept very active. She worked on many projects to benefit her community and was a good friend to all and will be sadly missed. He read the following resolution into the record.

2. Honoring the memory of E(izabeth Ravdin Bergus and remembering her dedication to this community.

TOWNSHIP OF UPPER
CAPE MAY COUNTY

RESOLUTION

RESOLUTION NO. 023-2008
A RESOLUTION TO HONOR THE MEMORY OF OUR FRIEND

ELIZABETH RAVDIN BERGUS
AND REMEMBER HER DEDICATION TO THIS COMMUNITY

WHEREAS, the Township Committee of the Township of Upper were deeply saddened to learn of the death of a distinguished citizen and good friend, Elizabeth Ravdin Bergus; and

WHEREAS, Mrs. Bergus has served her community with great honor and distinction in various capacities too numerous to list completely herein, but which would include in part: her membership on the Upper Township Zoning Board, a Deputy Director of Upper Township Emergency Management, and memberships in both the Strathmere

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Volunteer Fire Department and the Strathmere Improvement Association; and

WHEREAS, Elizabeth has marked her years in Upper Township by her exemplary dedication to this community working for its betterment and demonstrating her concern for others especially our youth through her generous support of programs including the Upper Township/Ocean City Municipal Alliance Committee, an organization whose primary goal is the prevention of drug and alcohol use by our youth; and

WHEREAS, during her service in this community Elizabeth became a valued friend and an unofficial ambassador to Upper Township and Strathmere, and could be found at Township Hall at almost every Township Committee meeting for the last 25 years;

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper that this Committee join with all citizens of this community to pay tribute to the life and service of Mrs. Elizabeth Ravdin Bergus, and dedicate this evening of the 2008 Upper Township Reorganization Meeting in her memory.

BE IT FURTHER RESOLVED that this Committee extends to the family of Elizabeth Bergus its most sincere condolences for their loss and hope they find comfort in the memories of her fine life and achievements.

GIVEN UNDER OUR HANDS and the seal of the Township of Upper this 4th day of January, 2008.

Resolution No. 023-2008

Offered by: Palombo,    Seconded by: Camp

Adopted: January 4, 2008

Roll Call Vote:

NAME          YES       NO             ABSTAINED ABSENT

Camp            --x

Conrad           x


 

Corson         --x

Newman         --x

Palombo         x

Mayor Palombo commented on the fact that Mrs. Bergus almost never missed a meeting and that she always sat in the second bench on the left. He then made a motion to dedicate that bench in her honor and displayed the small brass plaque that will be fastened to it. Frank Conrad seconded with all five Committee members voting in the affirmative.

2. Estab(ishment of Departments.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 002-2008
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:                                                    Recreation Department,

Public Building and Grounds, and Animal Control.

Committeewoman Camp:                                                Department of Public Works.

Committeeman Corson:                                                 Revenue and Finance.


 

Committeeman Newman:                                                  Municipal Court, Fire and

Rescue,

and Public Safety.

Committeeman Palombo:                                                  Personnel, Emergency

Management,

and Lifeguards.

Resolution No.002-2008

Offered by: Camp                         Seconded by: Conrad

Adopted: January 4, 2008

Roll Call Vote:

NAME              YES             NO ABSTAINED            ABSENT
Camp_____x_____ __________ __________ _________

Conrad            _____x_____

Corson            _____x_____

Newman          _____x_____

Palombo          _____x_____

3. Appointment of Municipa( Auditor, Engineer, So(icitor, Prosecutor and Pub(ic Defender.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 003-2008
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

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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. 1 9:44A-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

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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, 2008, 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, 2008, 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, 2008, 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, 2008, and until his successor is duly appointed and qualified.

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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, 2008, 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. 003-2 008

Offered by: Newman,                             Seconded by: Corson
Adopted: January 4, 7008

Roll Call Vote:

NAME                 YES                               NO ABSTAINED ABSENT

Cap                      ===x======= ========== ========== ========

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Conrad                  _x_

Corson                  _x_

Newman                _x_

Palombo           x

4. Appointment of Officia( to Certify Municipa( Improvement Searches.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 004-2008
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 2008.

3. This Resolution shall become effective immediately upon its adoption.

Resolution No.004-2008

Offered by: Newman,                  Seconded by: Corson

Adopted: January 4, 2008

Roll Call Vote:

NAME                  YES                     NO                ABSTAINED        ABSENT

Camp                    __x__                     _____          _____                    _____

Conrad Corson Newman Palombo

__x __                   _____          _____                    _____

__x __                   _____          _____                    _____

__x __                   _____          _____                    _____

__x __                   _____          _____                    _____

 

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5. Designation of Banking Institutions as Officia( Depositories.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 005-2008
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 ITome Bank;

(D)       PNC Bank, New Jersey;

(E)        Cape Savings Bank;

(F)     First Bank of Sea Isle City;

(G) Municipal Investors Corp.;

(IT) 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

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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. 005-2008

Offered by: Conrad,                     Seconded by: Camp

Adopted: January 4, 2008

Roll Call Vote:

NAME               YES           NO            ABSTAINED ABSENT
Camp===x======= ========== ========== =========

Conrad    x

Corson    x
Newman ===x=

Palombo          x

6. Designation of Officia( Newspapers.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 006-2008
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

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Resolution No.006-2008

Offered by: Camp,            Seconded by: Conrad
Adopted: January 4, 2008

Roll Call Vote:

NAME                   YES                       NO              ABSTAINED        ABSENT

Camp                     __x__                    _____          _____                    _____

Conrad                   __x __                   _____          _____                    _____

Corson                   __x __                   _____          _____                    _____

Newman                __x __                   _____          _____                    _____

Palombo                 __x __                   _____          _____                    _____

7. Appointments to the Recreation Committee.

TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO. 007-2008
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, 2008 and expiring on December 31, 2008, provided, however, that such member shall continue to serve until his/her successor is duly appointed and qualified:

Regular Members

Trica Burch-Girls Softball

Vincent Levin-Wrestling

Ronald DiGiovanni-Soccer

Bruce DiNardo-Certification

Kevin Kreiser-Football

Robert Kimball-Basketball

Robin Wolf-Smith-Cheerleading Stephen C. Martinelli-Skatepark

Ed Terry-Baseball_Pic21


 

Michael Mander--Inline Hockey

Alternate Members

Ron Sleister-Girls Softball
Joseph Monteleone-Wrestling
Al Heston-Soccer
Tina Dinardo-Certification
Kevin Wiesner-Football
Dan Palombo-Basketball
Julie Hartley--Cheerleading
Vacant-- Skatepark
Frank Fumo-Baseball
Vacant--Inline Hockey

Karen Buchanan - Secretary

3.         The forgoing appointees shall constitute the sole members of the Recreation Committee for 2008, 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. 007-2008

Offered by: Conrad,                     Seconded by: Camp
Adopted: January 4, 2008

Roll Call Vote:

NAME                    YES                     NO               ABSTAINED        ABSENT

Camp                      __x__                   _____           _____                    _____

Conrad                    __x __                  _____           _____                    _____

Corson                    __x __                  _____           _____                    _____

Newman                  __x __                  _____           _____                    _____

Palombo                  __x __                  _____           _____                    _____

8. Payment of Rea( Estate Taxes and Pena(ty for Late Payments.

TOWNSHIP OF UPPER

CAPE MAY COUNTY

RESOLUTION

RESOLUTION NO. 008-2008
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 (1 0th) 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. 008-2008

Offered by:        Corson                                    Seconded by: Camp
Adopted: January 4, 2008

Roll Call Vote:

NAME             YES              NO                 ABSTAINED ABSENT

Camp===x======= ==========                    ========== ==========

Conrad             x

Corson             x

Newman           x

Palombo           x

9. Schedu(e of Township Committee meetings for 2008.

TOWNSHIP OF UPPER CAPE MAY COUNTY RESOLUTION

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RESOLUTION NO. 009-2008
RE: SCHEDULE OF TOWNSHIP COMMITTEE
MEETINGS FOR 2008.

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:

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2008 SCHEDULE -

REGULAR MEETINGS

Work                        Regular

Session                     Meeting

January

4

Reorganization

6:30 p.m.

 

January

14

Regular Meeting

6:30 p.m.

7:30 p.m.

January

28

Regular Meeting

6:30 p.m.

7:30 p.m.

February

11

Regular Meeting

6:30 p.m.

7:30 p.m.

February

25

Regular Meeting

6:30 p.m.

7:30 p.m.

March

10

Regular Meeting

6:30 p.m.

7:30 p.m.

Apri((Tues.)

01

Regu(ar Meeting

6:30 p.m.

7:30 p.m.

April

14

Regular Meeting

6:30 p.m.

7:30 p.m.

April

28