TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NJ 08270
CAPE MAY COUNTY
*****BUDGET
WORKSHOP MEETING –6:30 P.M.
Mayor Palombo
opened the workshop meeting with a roll call at which time all Committee members
were present along with the Municipal Clerk, CFO Officer, and the Municipal
Engineer. The meeting began with
discussion of the Recreation Department’s budget.
Ms. Gabor commented that there were expenditures for equipment and
capital already removed from the budget at the last workshop meeting and her
next step was to review the current budget of each sporting team to determine
their needs. The teams have a deadline of March 15th to turn in their
required paperwork or they will not be included in this year’s Recreation
budget. Mr. Conrad commented that
approximately $190,000 has been cut away from Recreation’s budget so far.
The Mayor stated that another Emergency Budget would probably be needed
later in the spring, as the final budget won’t be approved until that time.
This is due to restraints and dates set by the State legislature.
Jay Newman asked about the fire districts and the school board as to when
they would receive their appropriations.
In the past it has been after the State approves its budget.
Mayor Palombo said those items are not part of the budget and probably
would not be held back; and that the fire districts usually receive their
appropriations in April.
Brenda Layton
asked if Recreation would have any capital money prior to July.
Mayor Palombo responded that the matter is out of the Township’s control
that the State cut the money last year and could do so again for this year. Ms.
Layton stated that Recreation would need funds for playground and fence repairs.
It was discussed that those repairs are safety issues and should be put
into the temporary budget.
William Handley
was present to discuss the Beach Patrol budget.
The JIF is requesting that emergency beach coverage be available this
summer until approximately 8:00 PM. This is something that has not been budgeted
for in the past and it was discussed whether there was enough budgeted to cover
salaries for this. Mr. Handley
responded that it should not present a problem that it would be a matter of
scheduling four persons and using flexible schedules. This practice has become
common in most beachfront towns.
It was discussed
that a lifeguard boat, the soft-top rescue board, and the portable radios would
be eliminated from the 2010 budget.
The lifeguard stands will remain in the budget as some of the materials were
already purchased. Upper Township’s
uniquely designed lifeguard stands won awards from neighboring towns and the
design is going to be copied by them.
The employees that created the design were congratulated and it was
humorously suggested that the design could be patented and then sold to other
beach towns as an answer to the budget as there does not appear to be much more
that can be cut from the beach patrol budget.
Mr. Corson
commented on the Department of Public Works budget.
Salary and Wages are the main areas of concern.
The cost of overtime from the winter storm cleanups must be budgeted.
It has already exceeded expectations ($100,000) and winter is not yet
over. Barbara Spiegel said the last
payroll had $40,000 in overtime alone.
The Public Works Department, Recreation, and EMS departments all need to
have adjustments for overtime.
Reallocations of salt, fuel, and repairs due to storms must also be added
to the budget. The Township may be
allocated funds from the State due to the declared State of Emergencies.
Mr. Dietrich
briefly discussed the street-paving program.
The Public Works
Department is requesting three capital purchases in 2010.
One is to replace the Township Service truck for $30,000, (it is the
vehicle that goes out to make repairs to other Township vehicles). The second,
which would meet safety regulations, is to replace an Open Cab Tractor Mower
with a closed Cab Mower for approximately $90,000
before trade-in or sale of
the current mower.
The third item is for a radio repeater system at a cost of approximately
$10,000. Mr. Corson recommended
cutting the mower from the budget.
Mr. Dietrich
discussed the conversion from manual to automated trash collection. It was
discussed that it could be justified because Township personnel will be retiring
in the future and then not replaced. This allows the Township to cut costs while
continuing to provide services. This would require bonding and cost
approximately $1,750,000. There was
further discussion as to whether this was the best year to pursue this matter.
Mr. Conrad
recommended that another Budget Workshop be held on Monday, March 22, 2010 at
6:30 P.M., one hour prior to the Regular meeting, which begins at 7:30 P.M.
Motion to adjourn
the workshop at 7:28 p.m. by Jay Newman, second by Curtis Corson, all five
Committee members voted in the affirmative.
REGULAR MEETING
OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Frank E. Conrad
Present
Curtis Corson
Present
Kristine Gabor
Present
John “Jay” Newman
Present
Richard Palombo
Present
Also present were
Municipal Clerk Wanda Gaglione,
Municipal Attorney Daniel Young, Chief Financial Officer Barbara Spiegel and
Municipal Engineer Paul Dietrich.
APPROVAL OF
MINUTES -
February 8, 2010 Regular Meeting and
REPORT OF
GOVERNING BODY MEMBERS
Frank Conrad, Committeeman: reported that he attended the NJDOT Infrastructure meeting where the Route 50 Bridge issue may be “fast tracked”. The Beesley’s Point Bridge was also discussed at that meeting. The State originally said it would cost $20,000,000 to repair the bridge, at the meeting there was discussion that the bridge would provide longer years of use but at an increased cost of approximately $32,000,000. The agreement between the County and State may be renegotiated to allow for a longer term and longer lasting bridge use. Mr. Conrad referenced a web site for this project that presents a slide show. This meeting also referenced possible changes to the GSP-Great Egg Harbor Bridges.
Mr. Conrad reported that he and Paul Dietrich attended a DOT interview regarding Form Based Code. The DOT grant will aid the Township in finding various ways of redesigning Township roadways as well as the planned downtown areas within the Township. Mr. Dietrich has scheduled a public meeting March 4th at 6p.m. planning session workshop at the Middle School.
Mr. Conrad
reported that Upper Township was rated 5th Best Place to Live in New Jersey by
the Monthly New Jersey Magazine.
This is an independent study based on various categories.
The Business Association of Upper Township will have its Installation
Meeting at the Tuckahoe Inn, on
March 4th at 6:00 PM.
The upcoming storm
is predicting severe winds and the potential of more downed trees and limbs. He
also complimented the DPW and the Recreation Departments on working together and
doing a commendable job on snow plowing during and after the recent storms.
Mayor Palombo has
one Personnel issue for closed session.
Wanda Gaglione,
Municipal Clerk:
received a request from the Diabetes Telethon Insulin Support Group to
use UTTV for broadcasting a telethon on March 27th from 10:00 AM to
10:00 PM. Upper Township did
participate last year and no problems were reported.
Motion was made by Jay Newman, second by Frank Conrad to grant the
request. During roll call vote all
five Committee members voted in the affirmative.
Daniel Young,
Municipal Solicitor:
reported that he received correspondence from Dr. Farrell
regarding the
Coastal Research Center and amendments to their existing contract.
Dr. Farrell indicated that Task 4 of the contract was not necessary
because it overlapped with the FEMA work; and that Task 4 should be removed from
the contract. In addition, the
contract would be modified to include compensation to Coastal Research for the
FEMA work they performed. Jay Newman made a motion to authorize those changes to
the original contracted price and amend the contract to pay to Dr. Farrell for
the FEMA work performed. Curtis Corson seconded the motion with all five
Committee members voting in the affirmative.
Mr. Young reported
on a recent appellate court decision that will change the permissible amount
charged for OPRA copies effective July 1, 2010.
The Township will need to amend its Ordinance regarding charges.
Mr. Young reported
that he has two Personnel matters for closed session:
One is a personnel union grievance matter and second are contract issues.
Mr. Young
summarized the appellate courts decision on overruling the Governors
restrictions on COAH. The court
decision said the 90-day COAH moratorium was not within the Governor’s
authority. It does not affect Upper
Township at this time because our plan has already been submitted.
Paul Dietrich,
Township Engineer:
reported that he and Rob Spiegel, the Emergency Management Director, have
submitted preliminary documentation to FEMA estimating Township costs of
approximately $100,000 for the 2010 winter storms, which includes salt,
equipment, fuel, and overtime. This
figure is separate from December 2009 storm, which was also declared a Federal
Emergency. The State estimated that
the November 2009 Nor’easter will cost $4 million to replace the sand lost in
Strathmere; this does not include the State owned property.
Mr. Dietrich also
reported that the NJ Department of Transportation Route 50 bridge preliminary
design work should be done in April 2010 and that bidding probably won’t begin
until early 2012.
Mr. Dietrich
reported that three employees in the Public Works Department received JIF awards
by developing their idea of placing wheels on beach patrol stands.
This idea has reduced potential workers compensation claims by allowing
the stands to be rolled over the beach rather than lifted or dragged.
He also reported
that the DPW would be picking up limbs and brush debris resulting from the
storms once the snow has melted.
Barbara Spiegel,
Chief Finance Officer: reported
that she has one personnel/contract matter for closed session.
1.
Authorizing the cancellation of the following Tax Sale Certificates:
TSC No. 94028 Covering Block 364, Lots 18 To 21 Inclusive;
TSC No. 94163 Covering Block 558, Lot 56;
Further authorizing the cancellation of any outstanding taxes thereon and the correction of Township Tax and Assessment Records.
(Upper Township In Rem Foreclosure Group 132).
TOWNSHIP OF
UPPER
CAPE MAY COUNTY
RESOLUTION
NO. 054- 2010
RE:
AUTHORIZING THE CANCELLATION OF THE FOLLOWING TAX SALE CERTIFICATES:
TSC NO. 94028 COVERING BLOCK 364, LOTS 18 TO 21 INCLUSIVE;
TSC NO. 94163 COVERING BLOCK 558, LOT 56;
TSC NO. 94164 COVERING BLOCK 558, LOT 57; and
FURTHER
AUTHORIZING THE CANCELLATION OF ANY OUTSTANDING TAXES THEREON AND THE CORRECTION
OF TOWNSHIP TAX AND ASSESSMENT RECORDS.
(UPPER TOWNSHIP IN REM FORECLOSURE
GROUP 132)
WHEREAS, a Tax Sale was conducted in 1994 and the Township of Upper
acquired multiple Tax Sale Certificates (hereafter “TSC”) among which were three
TSC’s, as more particularly described herein,
and which were scheduled to
be included in Foreclosure Group 132; and
WHEREAS, the three TSC’s are described as follows:
(1)
TSC No. 94028, on Block 364, Lot(s) 18 to 21 inclusive, assessed to
Tomlinson, Chas. A. and designated as Schedule 132-7;
(2)
TSC No. 94163, on Block 558, Lot 56 assessed to “Unknown” and designated
as Schedule 132-23;
(3)
TSC No. 94164, on Block 558, Lot 57 assessed to “Unknown” and designated
as Schedule 132-24; and
WHEREAS, a title search prepared by The Title Company of Jersey,
commitment no. 110527178 disclosed that
the Township of Upper is the owner of Block 364, Lots 18 through 21
inclusive and that the Township came into title pursuant to a Civil Action Final
Judgment of the Superior Court of
New Jersey, Docket No. F-2795-79 dated May 14, 1980 and recorded May 21, 1980 in
the Cape May County Clerk’s Office in Deed Book 1449 Page 798. Accordingly,
TSC No. 94028, on Block 364, Lot(s) 18 to 21 inclusive, assessed to
Tomlinson, Chas. A. and designated as Schedule 132-7 should be cancelled as
hereinafter provided; and
WHEREAS, a title search
prepared by the Title Company of Jersey with respect to TSC No. 94163, on Block
558, Lot 56 assessed to “Unknown” and designated as Schedule 132-23; and with
respect to TSC No. 94164, on
Block 558, Lot 57 assessed to “Unknown” as designated as Schedule 132-24;
Commitment nos. 110527194 and 110527195, respectively,
disclosed that both parcels are owned as follows:
Horace M. Townsend – as to an undivided 1/3 interest;
State of New Jersey, Department of Conservation and Economic Development
as
to an undivided 2/3 interest;
And said title searches indicated that
title became vested by various intervening deeds of conveyance as well as
certain probate proceedings which are set forth in a certain legal memorandum
from Michael J. Donohue, Esquire of the law firm of Gruccio, Pepper, DeSanto &
Ruth, P.A., special in rem counsel to the Township of Upper which is dated
February 3, 2010, a copy of which is on file with the Township Clerk, Tax
Collector and Tax Assessor and a copy of which is annexed to this Resolution and
incorporated herein by this reference; and
WHEREAS, special in rem counsel has recommended that, in light of the
ownership interest in Block 558, Lots 56 and 57 as disclosed above, the Township
of Upper delete these parcels from the in rem foreclosure action since the
Township could, at best, acquire only a minority interest in these parcels and
the majority interest would continue to be owned by the State of New Jersey
which would be exempt from the payment of local real estate taxes; and
WHEREAS, the Township Committee has previously considered the opinion and
recommendation of special counsel at its meeting of February 8, 2010 and
determined to accept the recommendation for the reasons expressed in such
recommendation; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee in 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 thereto and the same are
expressly adopted as findings of fact.
2. The following Tax Sale
Certificates held by the Township of Upper shall be cancelled and discharged of
record:
(1) TSC No. 94028, on Block
364, Lot(s) 18 to 21 inclusive, assessed to Tomlinson,
Chas. A. and designated as Schedule 132-7;
(2) TSC No. 94163, on Block
558, Lot 56 assessed to “Unknown” and designated as Schedule 132-23;
(3) TSC No. 94164, on Block
558, Lot 57 assessed to “Unknown” and designated as Schedule 132-24.
3. All real estate taxes
which have accrued and are outstanding on each of the TSC’s and parcels of real
property described herein shall be cancelled.
4. All Township records,
including the Township Tax and Assessment records shall be changed to reflect
the following:
Block 364, Lot(s) 18 to 21 inclusive, as owned by the Township of Upper
Pursuant to the Final Judgment dated May 14, 1980 referenced herein;
Block 558, Lot 56, as owned by the State of New Jersey, Department of
Conservation and Economic Development;
Block 558, Lot 57, as owned by the State of New Jersey, Department of
Conservation and Economic Development;
5. Copies of the title reports referenced herein shall be filed in the
office of the Township Tax Assessor and the Township Clerk.
6. All Township Officials
and Officers are hereby authorized to take any and all action necessary or
reasonably required to carry out the intent and purpose of this Resolution.
7. A copy of this Resolution
shall be filed with the Tax Collector and the Tax Assessor of the Township of
Upper immediately upon final passage.
Resolution No.
054-2010
Offered by: Newman
Seconded by: Conrad
ROLL CALL:
YES
NO
ABSTAINED
ABSENT
Conrad
_x___
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Corson
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Gabor
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Newman
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Palombo
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2.
Authorizing
institution of In Rem Foreclosure Proceedings--Group No. 132.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 55- 2010
RE:
AUTHORIZING INSTITUTION OF IN REM FORECLOSURE PROCEEDINGS
GROUP NO. 132
WHEREAS, the Township Committee has been advised by the Tax Collector
that she is in possession of numerous
Tax Sale Certificates which are now eligible for foreclosure, in rem, as more
particularly described in the Tax Foreclosure List which is attached hereto as
Exhibit A; and
WHEREAS, it is the desire of the Township Committee to authorize the
institution of in rem foreclosure proceedings against the parcels that are
covered by these Tax Sale Certificates;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee in 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 law firm of Gruccio,
Pepper, DeSanto & Ruth, P.A. as Special Counsel for the Township, is hereby
authorized and directed to institute In Rem Foreclosure proceedings, pursuant to
the provisions of NJS 54: 5-104.29, et seq., as amemded,
against the Tax Sales Certificates held by it and described in Exhibit A
affixed hereto and made a part hereof.
3. A copy of this Resolution
and Exhibit(s) shall be filed with the Tax Collector of the Township of Upper.
4. All appropriate Township
officials are hereby directed to take all actions necessary or reasonably
required to carry into effect the intent and purpose of this Resolution.
Resolution
No.55-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: February
23, 2010
ROLL CALL:
YES
NO
ABSTAINED
ABSENT
Conrad
__x__
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_________
Corson
__x__
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Gabor
__x__
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Newman
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Palombo
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TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 56-2010
RE: AUTHORIZING THE ACCEPTANCE OF ONLINE PAYMENTS FOR
PROPERTY TAXES
___________________________________________________________________________
WHEREAS, Edmunds & Associates, Inc. has submitted a proposal to the Township to
provide online payment services for tax collector accounts; and
WHEREAS, the Township wishes to accept said proposal and to authorize the
agreement with Edmunds & Associates, Inc.; and
WHEREAS, the proposed agreement has been reviewed and approved by the Municipal
Attorney; and
WHEREAS, the Chief Financial Officer has certified the availability of funds to
permit said Contract to be entered into.
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 proposed service agreement between the Township and Edmunds & Associates,
Inc. is approved.
3. All Township officials and
officers are hereby authorized and empowered to take all action deemed necessary
or advisable to carry into effect the intent and purpose of this Resolution.
Resolution No. 56-2010
Offered by: Conrad
Seconded by: Newman
Adopted: February 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
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Corson
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Gabor
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Newman
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Palombo
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TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
Resolution No.57-2010
RE: TAX REFUND
_______________________________________________________
WHEREAS, certain corrections have been
Recommended by
the Upper Township Tax Collector in order to
refund monies,
NOW, THEREFORE BE IT RESOLVED, by the
Township
Committee of the Township of Upper, Cape May County,
that
corrections to the Tax records are hereby authorized and
the Tax
Collector is hereby directed to correct said records
or take such
action as indicated on the attached sheet.
Resolution No. 57-2010
Offered by: Conrad
Seconded by: Newman
Adopted:
February 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
CONRAD
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CORSON
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GABOR
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NEWMAN
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PALOMBO
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477/18
$810.24
REFUND DEPARTMENT
FIRST AMERICAN R/E TAX SERVICE
PO BOX 961250
FORTWORTH, TX 76161-9887
(PROPERTY SOLD 1ST AMERICAN PAID FOR OLD OWNER)
549/84
$849.71
REFUND DEPARTMENT
FIRST AMERICAN R/E TAX SERVICE
PO BOX 961250
FORTWORTH, TX 76161-9887
(HOMEOWNER REFINANCED-BANK OF AMERICA NEW MTG CO.)
549/68
$850.02
WELLSFARGO R/E TAX SERVICE
1 HOME CAMPUS
MAC X2302-04D
DES MOINES, IA 50328
(PROPERTY SOLD WELLSFARGO PAID FOR OLD OWNER)
856/5/C0003 & C0004 $2,237.90
ROBERT & EILEEN BARKER
3600 CENTERVILLE RD
GREENVILLE, DE 19807
(HOMEOWNER REFINANCED-SHORE TTL & HOMEOWNER PAID 1ST QTR
REFUND REQUEST ON FILE)
***
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 58-2010
RE: AUTHORIZING HOBART YOUNG AND SOUTH JERSEY STORM FOOTBALL TEAM TO USE
TOWNSHIP FACILITIES AND TO PLAY GAMES AT CALDWELL PARK
____________________________________________________________
WHEREAS, Hobart Young, individually and trading as South Jersey Storm, a
non-profit organization, (collectively “Sponsor”) of 208 Route 50, Greenfield,
New Jersey, have submitted a proposal to the Upper Township Committee requesting
authority to hold up to five (5) amateur adult football games at Caldwell Park,
as well as use other Township fields and facilities for practice;
WHEREAS, these games and practices will be held on property owned by the
Township; and
WHEREAS, the proposed games are sanctioned by the East Coast Football
Association and the Sponsor has obtained the amount and type of insurance
recommended by the Township’s Risk Management Consultant and a copy of their
insurance certificate is attached as Exhibit “A”; and
WHEREAS, the Sponsor has represented that approvals have been obtained from the
New Jersey State Police, and any all other governmental agencies or entities
having any jurisdiction or interest in the football events; 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. The Township Committee does hereby grant approval to Hobart Young,
individually and trading as South Jersey Storm, to permit up to five (5) amateur
adult football games to be held at Caldwell Park and to use other Township
facilities for practices, as specified in this Resolution and in the
accompanying exhibits subject to and conditioned upon the following:
(A) The
events described in this Resolution are carried out by Hobart Young,
individually and trading as South Jersey Storm and East Coast Football
Association. The Sponsor has no connection, direct or indirect, with the
Township of Upper or any of its officials or employees. The Sponsor shall not,
in any way, directly or indirectly, represent that any practice or game is, in
any way, associated with or affiliated with the Township of Upper and shall make
clear that the event is carried out with all appropriate governmental and other
approvals. Although the Township of Upper has given permission, subject to the
terms of this Resolution, to this event Sponsor to conduct the proposed adult
amateur football events, it must be made clear that the events are not and shall
not be considered Township of Upper sponsored or sanctioned events.
(B) Hobart
Young, individually and trading as South Jersey Storm has provided general
comprehensive liability insurance in form and substance satisfactory to the
Township of Upper’s Risk Management Consultant. A Certificate of Insurance has
been provided to the Township Clerk, which the Risk Management Consultant of the
Township of Upper has approved. Said Certificate of Insurance names the Township
of Upper, its officials, officers and employees, as an additional insured.
(C)
Hobart Young, individually and trading as South Jersey Storm, the event Sponsor,
has obtained written approval from and will comply with all conditions imposed
by the following entities:
(i)
Risk Management Consultant of the Township of Upper.
(ii)
New Jersey State Police.
(iii)
Upper Township Rescue Squad.
The event Sponsor has provided written authorization from the above entities,
including any conditions or recommendations of said entities, to the Township
Clerk.
(D) Hobart
Young, individually and trading as South Jersey Storm has provided a Use of
Facilities Agreement in favor of the Township of
Upper, its officials, officers and employees in the form attached hereto
as Exhibit “B”.
(E)
Prior to the use of Township facilities, the Sponsor must:
(i)
Provide to the Township executed Player Indemnification Agreements for
all South Jersey Storm players, participants, coaches and team members. This
Agreement must be on a form approved by the Township.
(ii)
The Sponsor must inspect the field or facility prior to each use and
report any defective, hazardous or dangerous conditions found at the facility to
the Upper Township Recreation Supervisor and immediately cease use of the
facility until the conditions are remedied. After use of the facility the
Sponsor shall immediately report to the Township any and all defects, hazards,
damages or dangerous conditions upon or adjacent to the facility.
(F)
The Sponsor must schedule the use of any Township facility, field or
Caldwell Park in advance with the Upper Township Supervisor of Recreation. The
Supervisor of Recreation shall confirm in writing to the Sponsor the dates and
times of such authorized use. The Supervisor of Recreation shall have complete
discretion in scheduling use and shall give priority to existing Township
programs that utilize the fields and facilities.
(G) After
each game at Caldwell Park, the Upper Township Supervisor of Recreation shall
inspect the field or facility to determine if future games or use shall be
permitted. The use of Caldwell Park is only authorized on a game-by-game basis,
depending upon the results of the inspection by the Supervisor of Recreation.
(H) The
approval granted herein is subject to all conditions and stipulations as may be
recommended or imposed by the Township’s Risk Management Consultant or Insurance
Representatives. The Township may revoke this approval if the event sponsors
fail to comply with any said condition or recommendation or any other condition
of this Resolution.
(I)
The authorization granted by this Resolution may be revoked by the
Township Committee at any time if it determines it is in the best interest of
the Township.
3. All Township officials and officers are hereby authorized and empowered to
take all action deemed necessary or advisable to carry into effect the intent
and purpose of this Resolution.
Resolution No. 58-2010
Offered by: Conrad
Seconded by: Gabor
Adopted: February
23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
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Corson
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Gabor
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Newman
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Palombo
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During
discussion Mayor Palombo requested Township receive copies of the baseline and
quarterly reports.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 59-2010
RE: AUTHORIZING THE TOWNSHIP OF UPPER TO ENTER INTO PROPERTY ACCESS AGREEMENTS
WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION AND EXECUTE WELL PERMITS FOR
THE PROPERTIES
KNOWN AS OLD TUCKAHOE ROAD AND BLOCK 477, LOTS 20 AND 5.01 SO AS
TO PERMIT REMEDIAL INVESTIGATION OF GROUNDWATER RELATED TO
THE NEW JERSEY STATE’S PETERSBURG MAINTENANCE FACILITY
___________________________________________________________________________
WHEREAS, the New Jersey Department of Transportation has requested that the
Township issue well permits for Old Tuckahoe Road and enter into Property Access
Agreements for the Township owned property at Block 477, Lots 20 and 5.01 so as
to permit the State to undertake further remedial investigations of the
groundwater related to the State’s Petersburg Maintenance Facility; and
WHEREAS, the Township Committee previously authorized soil testing on February
25, 2008 with Resolution No. 056-2008; and
WHEREAS, the Township Committee of the Township of Upper has reviewed this
request and finds it appropriate to execute the well permits and enter into the
Property Access Agreements in this regard.
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 Mayor is authorized to execute the well permit requested by the New
Jersey Department of Transportation for borings that will be performed on Old
Tuckahoe Road and also enter into, on behalf of the Township, property access
agreements for the State’s remedial investigation of the groundwater related to
the State’s Petersburg Maintenance Facility with respect to Township owned
property at Block 477, Lots 20 and 5.01.
3.
All Township officials and officers are hereby authorized and empowered to take
all action deemed necessary or advisable to carry into effect the intent and
purpose of this Resolution.
Resolution
No. 59–2010
Offered by:
Corson
Seconded by: Palombo
Adopted:
February 23, 2010
Roll Call Vote:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_____x_____
__________ __________
__________
Corson
_____x_____
__________ __________
__________
Gabor
_____x_____
__________ __________
__________
Newman
_____x_____
__________ __________
__________
Palombo
_____x_____
__________ __________
__________
7.
Appointment of Breazeale & Associates,
LLC and Thomas J. Breazeale as an appraiser for the Township of Upper.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 60-2010
RE: APPOINTMENT OF BREAZEALE & ASSOCIATES, LLC AND
THOMAS J. BREAZEALE AS AN APPRAISER FOR THE TOWNSHIP OF UPPER
___________________________________________________________________________
WHEREAS, the Township periodically requires an appraiser to provide services to
obtain the fair market value of lots owned by the Township with respect to the
anticipated sale of said lots; and
WHEREAS, a resolution is required authorizing the award of such contract for
professional services; and
WHEREAS, Breazeale & Associates, LLC and Thomas J. Breazeale have completed and
submitted a Business Entity Disclosure Certification which certifies that
Breazeale & Associates, LLC and Thomas J. Breazeale have 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 Breazeale &
Associates, LLC and Thomas J. Breazeale from making any reportable contributions
through the term of the contract; and
WHEREAS, the Township has decided to acquire the services of the firm of
Breazeale & Associates, LLC and Thomas J. Breazeale as a non-fair and open
contract pursuant to the provisions of N.J.S.A. 19:44A-2.05; 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. Breazeale & Associates, LLC and Thomas J. Breazeale with offices at 7 Luke
Court, Seaville, New Jersey are hereby appointed appraiser for the Township of
Upper for the appraisal of lots in connection with the Township=s
anticipated sale to land owners.
3. The term of this contract is for the period not to exceed the length of time
necessary for completion of the aforesaid services, unless sooner terminated by
the Township of Upper, at the option of the Township of Upper.
4. This Contract is awarded without competitive bidding as a
Aprofessional
service@
in accordance with N.J.S.A. 40A:11-5(1)(a) of the New Jersey Local Public
Contract Law because Breazeale & Associates, LLC and Thomas J. Breazeale have
professional knowledge as to appraisal issues which knowledge is particularly
valuable to the Township Committee and this service is acquired as a non-fair
and open contract pursuant to N.J.S.A. 19:44A-2.05.
NOTICE OF CONTRACT AWARD
5. The Township Committee of the Township of Upper, State of New Jersey has
awarded the contract without competitive bidding as a professional service
pursuant to N.J.S.A. 40A:11-5(1)(a) to Breazeale & Associates, LLC and Thomas J.
Breazeale for appraisal services. This contract and the resolution authorizing
same shall be available for public inspection in the office of the municipal
clerk of the Township of Upper, State of New Jersey.
6. A certificate from the Chief Financial Officer of Upper Township showing the
availability of adequate funds for this contract and showing the line item
appropriation of the official budget to which this contract will be properly
charged has been provided to the governing body and shall be attached to this
Resolution and kept in the files of the municipal clerk.
7. The contractor has registered with the State of New Jersey pursuant to c.57,
Laws of 2004 and has provided proof of that registration to the Township of
Upper.
8. The Mayor and the Township Clerk are hereby authorized and directed to
execute, on behalf of the Township of Upper, a Professional Contract with
Breazeale & Associates, LLC and Thomas J. Breazeale in accordance with the terms
and provisions of the Local Public Contracts Law, subject to and in accordance
with the limitations imposed herein. Upon execution of all parties thereto said
contract shall become effective.
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. This Resolution shall be effective as of adoption
Resolution
No. 60-2010
Offered by:
Corson
Seconded by: Newman
Adopted:
February 23, 2010
Roll Call
Vote:
NAME
YES
NO
ABSTAINED ABSENT
Conrad
___x______
_________
__________ __________
Corson
___x______
_________
__________ __________
Gabor
___x______
_________
__________ __________
Newman
___x______
_________
__________ __________
Palombo
___x______
_________
__________ __________
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION
RESOLUTION NO.
61-2010
RE:
RESERVE BUDGET TRANSFERS
_________________________________________________________________________
WHEREAS, various 2009 bills
have been presented for payment this year, which bills were not covered by order
number and/or recorded at the time of transfers between the 2009 budget
appropriation reserve in the last two months of 2009; and
WHEREAS, N.J.S.A. 40A:4-59 provides
that all unexpended balances carried forward after the close of the year are
available until lapsed at the close of the succeeding year to meet specific
claims, commitments or contracts incurred during the preceding fiscal year and
allow transfers to be made from unexpended balances which are expected to be
insufficient during the first three months of the succeeding year.
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, that the transfers in the amount of
$233,000.00 be made between the 2009 budget appropriation reserves as follows:
TO
FROM
LEGAL PROF. SERVICES
PUBLIC INFORMATION MISC.
$15,000.00
$8,000.00
SPECIAL LIT. SERVICES
DRUG & ALCOHOL TEST PROG.
$218,000.00
$2,500.00
MISC EXPENSES MAYOR/COMM
$3,000.00
CLERK S/W
$1,500.00
COLLECTION OF TAXES S/W
$3,500.00
COLLECTION OF TAXES O/E
$3,000.00
ASSESSMENT OF TAXES S/W
$1,400.00
GENERAL LIABILITY INS.
$4,000.00
WORKERS COMP PREMIUM
$5,000.00
INS. PREMIUM EMPLOYEES
$80,000.00
SUI CONTRIBUTION
$15,000.00
CROSSING GUARD S/W
$1,500.00
EMERGENCY MGT. O/E
$20,000.00
FIRST AID ORG. S/W
$4,000.00
RECYCLING S/W
$4,000.00
GARBAGE & TRASH S/W
$1,600.00
BLDGS. & GROUNDS S/W
$3,000.00
BLDGS. & GROUNDS O/E
$15,000.00
BOARD OF HEALTH O/E
$10,000.00
RECREATION S/W
$10,000.00
BEACH PROTECTION S/W
$3,000.00
MISC. CELEB. PUBLIC EVENTS
$1,000.00
STREET LIGHTING O/E
$9,000.00
MISC. TIPPING FEES
$14,000.00
SOCIAL SECURITY
$10,000.00
Resolution No.
61-2010
Offered By:
Conrad
Seconded By: Newman
Adopted: February
23, 2010
ROLL CALL VOTE:
NAME
YES
NO
ABSTAINED
ABSENT
Conrad
_____x______
__________
___________
__________
Corson
_____x______
__________
___________
__________
Gabor
_____x______
__________
___________ __________
Newman
_____x______
__________
___________
__________
Palombo
_____x______
__________
___________
__________
10. Upper Township Lacrosse
Association—Request to hold a July 4th Community Event fundraiser at
Amanda’s Field prior to the fireworks display.
Curtis Corson made a motion to approve
the event. Jay Newman seconded the
motion. During roll call vote four
Committee members voted in the affirmative; Frank Conrad abstained from the
vote.
11. Ducks Unlimited, request
to hold 50/50 Raffle April 10, 2010, (RA#365).
12.
Ducks Unlimited, request to hold raffle April 10, 2010, (RA#366).
Jay Newman made a
motion to approve the raffles listed as items 11 and 12,
Frank Conrad seconded the motion.
During roll call vote all five Committee members voted in the
affirmative.
13. City of Corbin City,
request for possible Shared Services agreements for trash collection and street
maintenance.
This
item was tabled to a future agenda.
14.
Request from Construction Official to increase construction permit fees.
UNFINISHED
BUSINESS:
Paul Dietrich
reported that the two drains in the street are more than 38 years old and cannot
handle the extra water runoff due to the unusual weather conditions this winter.
The result is seeping water behind the curbs causing flooding at Mr.
Marano’s property. Mr. Dietrich
estimated that it would cost approximately $20,000 to 25,000 to improve them.
Mr. Marano was present and stated that his property is being flooded which
causes his septic to flood. The
Committee asked Mr. Dietrich to contact the County for the possible loan of
their drain cleaning machinery. Mr.
Dietrich was also asked to investigate any other ways that could improve this
situation.
“I hereby move that all claims submitted for payment at this meeting be
approved and then incorporated in full in the Minutes of this meeting.” Motion
made by Jay Newman, second by Frank Conrad with all five Committee members
present voting in the affirmative.
Payroll: $216,301.36
Bills submitted for payment:
$
96,161.44
PUBLIC COMMENT
There were no
speakers from the public during the Public Comment section of the meeting.
17.
Resolution to conduct a closed meeting pursuant to N.J.S.A. 10:4-12, from
which the public shall be excluded. Jay Newman read the following motion
and resolution
into the record:
RESOLUTION NO. 062-2010
February 23, 2010
I hereby move that a resolution be
incorporated into the minutes authorizing the Township Committee to enter into
an executive session for the following matters pursuant to the Open Public
Meetings Act:
MATTERS:
(1)
Personnel & Union Grievance
(2) Personnel Contract Issues
I also include in my motion the
estimated time and the circumstances under which the discussion conducted in
closed session can be disclosed to the public as follows:
A.
It is anticipated that the matters discussed in closed session may be
disclosed to the public upon the determination of the Township Committee that
the public interest will no longer be served by such confidentiality.
B.
With respect to employment and personnel matters such discussions will be
made public if and when formal action is taken or when the individuals involved
consent that it can be made public.
C.
With respect to contract negotiation such matters will be made public
when negotiations have ceased and there is no longer a reason for
confidentiality.
Frank Conrad seconded the motion;
during roll call vote all five Committee members voted in the affirmative.
Curtis Corson made a motion with regards to how overtime would be calculated for employees during the recent snow events as follows: if an employee is working overtime and this work continues into the new day (after midnight) without a gap in working hours, the employee will continue to be paid overtime. If there is a gap and the employee has not yet worked 8 hours that calendar day the employee will start new at regular time after the gap, until he or she reaches the overtime criteria (hours in one calendar day). Also due to the nature of the emergency the 1/2 hour mealtime would be paid for the recent snow events. Jay Newman seconded, with all five Committee members voting in the affirmative.
Jay Newman made a
motion to approve a one-time $1000 bonus payment to Jay Potter and Melissa
Schaffer for the completion of a National Fire Academy course that is related to
their employment. Curtis Corson
seconded the motion with all five Committee members voting in the affirmative.
There was a brief
discussion to amend the personnel manual to require prior approval from the
Township Committee if an employee wishes to obtain a certification that would
qualify for the $1000 stipend.
There was no
further business for this evening and the meeting was adjourned at 10:52 P.M.
Motion to adjourn the meeting made by Jay Newman, seconded by Frank Conrad, with
all five Committee members voting in the affirmative.
The next regular
meeting is scheduled for Monday March 8, 2010 at 7:30 P.M. Next Budget Workshop
scheduled for Monday, March 22, 2010 at 6:30 PM. Prior to the regular meeting
scheduled for that evening at 7:30 P.M.
Minutes prepared by
Wanda Gaglione, RMC
Municipal Clerk
Bill List
50863 02/24/10 A0006 ADVANCE TREADS INC 1,056.40 2580
50864 02/24/10 A0023 ADAMS, JOHN 52.00
2580
50865 02/24/10 A0025 ADVANTAGE RENTAL
ACE HARDWARE 4.36 2580
50866 02/24/10 A0035 AIRLINE HYDRAULIC
CORP. 642.00 2580
50867 02/24/10 A0054 A.M./P.M. SERVICES
184.00 2580
50868 02/24/10 A0071 ANCHOR FIRE
PROTECTION CO. 375.00 2580
50869 02/24/10 A0074 ATLANTIC CARE
OCCU. MEDICINE 10,174.79 258
50870 02/24/10 A0075 ADAMS, JOSHUA 24.00
2580
50871 02/24/10 A0081 ARMSTRONG, RALON I.
10.00 2580
50872 02/24/10 A0091 ATLANTIC CITY
ELECTRIC 8,125.20 2580
50873 02/24/10 A0117 AT&T 121.40 2580
50874 02/24/10 A0122 ANSELL,ZARO,GRIMM &
AARON 87.50 2580
50875 02/24/10 B0020 BLAKER,RAYMOND
128.00 2580
50876 02/24/10 B0034 BCI BURKE COMPAMY,
INC. 291.60 2580
50877 02/24/10 B0035 BELMONT & CRYSTAL
SPRINGS 188.13 2580
50878 02/24/10 B0052 BENNETT
BATTERIES,LLC. 249.70 2580
50879 02/24/10 B0090 BROADLEY'S MDI.
785.64 2580
50880 02/24/10 B0110 BROSS, REBECCA
41.00 2580
50881 02/24/10 B0111 BROSS, GEORGE 50.00
2580
50882 02/24/10 B0148 BLUE FLAME/PARACO
GAS 696.99 2580
50883 02/24/10 B0160 BONNER, ROSEMARY
23.72 2580
50884 02/24/10 B0178 BUGANSKI,PETER R.
52.00 2580
50885 02/24/10 B0182 BRIGGS LAW OFFICE,
P.C. 3,512.86 2580
50886 02/24/10 B0184 BUSHONG, BRIAN
24.00 2580
50887 02/24/10 C0010 CMC MUNICIPAL
JUDGES ASSOC 75.00 2580
50888 02/24/10 C0030 CAMP, BARBARA 67.91
2580
50889 02/24/10 C0031 CAPE ASSIST 375.00
2580
50890 02/24/10 C0060 CAPRIONI'S PORTABLE
TOILETS 989.00 2580
50891 02/24/10 C0068 COMCAST 169.28 2580
50892 02/24/10 C0077 CHERRY VALLEY
TRACTOR SALES 2,576.00 2580
50893 02/24/10 C0078 CARTER, EDWARD, SR.
34.00 2580
50894 02/24/10 C0091 CHISHOLM, JOHN R.
24.00 2580
50895 02/24/10 C0124 CMC MUNICIPAL
CLERK'S ASSOC. 100.00 2580
50896 02/24/10 C0140 CODED SYSTEMS
680.00 2580
50897 02/24/10 C0143 CODY'S POWER
EQUIPMENT 194.51 2580
50898 02/24/10 C0171 COLONIAL ELECTRIC
SUPPLY CO. 34.00 2580
50899 02/24/10 C0201 CRUZAN'S TRUCK
SERVICE INC. 332.09 2580
50900 02/24/10 C0223 CASA PAYROLL
SERVICE 250.95 2580
50901 02/24/10 D0026 DEAUGUSTINE, JOE
10.00 2580
50902 02/24/10 D0077 DIETRICH,PAUL 8.99
2580
50903 02/24/10 E0047 EFFINGER SPORTING
GOODS CO 1,600.00 2580
50904 02/24/10 F0048 FOGG, LESLIE INC.
354.16 2580
50905 02/24/10 G0002 GAGLIONE, WANDA
32.00 2580
50906 02/24/10 G0006 GARBUTT,PATRICIA A.
61.64 2580
50907 02/24/10 G0016 GARDNER HARDWARE
INC. 43.86 2580
50908 02/24/10 G0030 GENERAL SPRING
SERVICE 827.81 2580
50909 02/24/10 G0044 GILES & RANSOME,
INC. 240.14 2580
50910 02/24/10 G0092 GRUND, BARBARA J.
351.34 2580
50911 02/24/10 G0096 GRUND, GEORGE
454.03 2580
50912 02/24/10 H0062 HOPE, JOHN J. 40.00 2580
50913 02/24/10 H0094 HOPE'S PLUMBING, LLC 190.00 2580
50914 02/24/10 H0131 HPI PROCESSES, INC 588.00 2580
50915 02/24/10 I0013 IMPACT TECHNOLOGY SOLUTION LLC 1,140.00 2580
50916 02/24/10 J0039 JOHNSON & TOWER INC. 113.36 2580
50917 02/24/10 J0041 JONES, JAMES M. 52.00 2580
50918 02/24/10 K0007 KACZMARSKI, RICHARD 124.97 2580
50919 02/24/10 K0014 KEENAN,BRIAN 24.00 2580
50920 02/24/10 K0037 KOHLER, JOHN F 10.00 2580
50921 02/24/10 K0047 KLINE, EDWARD T. 187.99 2580
50922 02/24/10 L0072 LLOYD, JOEL 218.25 2580
50923 02/24/10 L0075 LEXISNEXIS T/A MATTHEW BENDER 65.34 2580
50924 02/24/10 L0080 LOWES, INC. 230.62 2580
50925 02/24/10 M0012 McCAULEY, RICHARD 34.00 2580
50926 02/24/10 M0021 MASER CONSULTING, P.A. 6,020.00 2580
50927 02/24/10 M0032 MARINE RESCUE PRODUCTS,INC. 1,088.00 2580
50928 02/24/10 M0059 MCDANIELS, WILLIAM J. III 210.94 2580
50929 02/24/10 M0070 MID ATLANTIC WASTE SYSTEMS 1,543.58 2580
50930 02/24/10 M0103 MODERN GAS COMPANY, INC. 397.86 2580
50931 02/24/10 M0142 MASON, NICHOLAS 22.00 2580
50932 02/24/10 M0180 MED-TECH RESOURCE,INC. 416.16 2580
50933 02/24/10 M0188 MCCARTHY TIRE SERVICE OF PHILA 1,085.50 2580
50934 02/24/10 M0193 MAYNE, MICHAEL 10.00 2580
50935 02/24/10 M0206 McCARDELL, JOHN 10.00 2580
50936 02/24/10 M0209 MAYBERRY, JOHN D 146.92 2580
50937 02/24/10 N0004 NJ-AMERICAN WATER CO. 31.50 2580
50938 02/24/10 N0043 NAPA AUTO PARTS OF S.JERSEY 520.77 2580
50939 02/24/10 N0052 NATL YOUTH SPORTS COACHED ASSN 720.00 2580
50940 02/24/10 N0070 NIA GROUP ASSOCIATES, LLC 2,500.00 2580
50941 02/24/10 O0006 OCS PRINTING 903.00 2580
50942 02/24/10 O0034 OSPREY POINT CONDO ASSOC. 9,906.29 2580
50943 02/24/10 P0008 PALMER, NANCY 53.00 2580
50944 02/24/10 P0026 PAYNTER, JOSEPH 134.95 2580
50945 02/24/10 P0032 PEDRONI FUEL CO. 2,574.17 2580
50946 02/24/10 P0036 PENNELLO,DAVID 28.00 2580
50947 02/24/10 P0050 PARSIO, ANTHONY 24.00 2580
50948 02/24/10 P0064 PITNEY BOWES 237.96 2580
50949 02/24/10 P0073 POGUE INC. 75.00 2580
50950 02/24/10 P0096 PREVITI,MICHELE M. 359.78 2580
50951 02/24/10 R0030 RIGGINS, INC. 7,503.09 2580
50952 02/24/10 R0055 ROSIAK, CAROL 26.00 2580
50953 02/24/10 R0073 RICOH AMERICAS CORPORATION 337.74 2580
50954 02/24/10 S0034 SCHULER, DANIEL 167.96 2580
50955 02/24/10 S0072 SEGIN, STEWART S. 62.00 2580
50956 02/24/10 S0092 SHONE, LEROY 42.00 2580
50957 02/24/10 S0108 SOUTHERN NEW JERSEY NIGP 80.00 2580
50958 02/24/10 S0121 SMUZ, THERESE A 49.60 2580
50959 02/24/10 S0134 SO. JERSEY GAS COMPANY 2,490.05 2580
50960 02/24/10 S0138 SOUTH JERSEY SOCCER LEAGUE 600.00 2580
50961 02/24/10 S0139 SO. JERSEY WATER COND. INC. 465.95 2580
50962 02/24/10 S0153 STERICYCLE, INC. 445.02 2580
50963 02/24/10 S0196 STEWART BUSINESS SYSTEMS LLC 263.52 2580
50964 02/24/10 S0209 STAPLES ADVANTAGE 1,708.87 2580
50965 02/24/10 S0239 SHORE VET. ANIMAL CONTROL 2,200.00 2580
50966 02/24/10 T0020 TERWILLIGER, DUANE E. 52.00 2580
50967 02/24/10 T0022 TERMINIX 49.00 2580
50968 02/24/10 T0024 TAYLOR, MATTHEW 34.00 2580
50969 02/24/10 T0032 THE PRESS & SUNDAY PRESS 201.21 2580
50970 02/24/10 T0034 THE PAPER OF U.T./GAZETTE 1,836.00 2580
50971 02/24/10 T0038 THOMAS, CHRISTOPHER 62.00 2580
50972 02/24/10 T0044 THOMSON, KERRY AGENCY 1,790.00 2580
50973 02/24/10 T0067 TOWNSHIP OF UPPER PETTY CASH 16.50 2580
50974 02/24/10 T0074 TRANSAXLE LLC 737.82 2580
50975 02/24/10 U0002 U.T. BASKETBALL ASSOCIATION 26.25 2580
50976 02/24/10 U0047 U.S. MUNICIPAL SUPPLY, INC. 767.79 2580
50977 02/24/10 V0001 VCI EMERGENCY VEHICLE 23.55 2580
50978 02/24/10 V0022 VERIZON 2,100.57 2580
50979 02/24/10 V0024 VAL-U AUTO PARTS L.L.C. 525.86 2580
50980 02/24/10 V0026 VITAL COMPUTER RESOURCES, INC. 1,206.20 2580
50981 02/24/10 V0027 VANORDER, ROGER 30.00 2580
50982 02/24/10 W0001 WILFRED McDONALD INC. 213.00 2580
50983 02/24/10 W0030 WEST PUBLISHING CO. 472.00 2580
50984 02/24/10 W0038 WILLIAMS, JEREMIAH J. 341.98 2580
50985 02/24/10 W0060 WOOLLEY, THOMAS 46.00 2580
50986 02/24/10 X0002 XEROX CAPITAL SERVICES,LLC 72.00 2580
50987 02/24/10 Y0012 YOUNG,ROBERT 292.00 2580
====== ====== ============== ================
Total Paid: $96,161.44