Townhall November 2, 2017 The Mannington Township Committee meeting was called to order by Mayor Asay at 7:00 PM. The following were in attendance: Don Asay, John Emel, William L. Horner, Esther Mitchell, Diane Bowman, Kasey Carmer, Cecil Rainey, Jr., residents: Patti Davis, Charles DeStefano, Luke Patrick, James T. Rowe and Chris Quirk of the NJSP. Clerk certified that this meeting had been advertised in accordance with the Sunshine Law. APPROVAL OF MINUTES: Motion was made by Emel, seconded by Asay, approving of minutes for a meeting held 10/5/2017. Motion carried. ZONING REPORT: A written and verbal Zoning Report for October 2017 was given by Zoning Officer, Kasey Carmer. There was one Zoning Permit issued. Carmer reported on several ongoing court actions and ten day notices. He also reported Bluestone Environmental Inc. is performing an investigative study to determine the integrity of the sewer line which runs from the City of Salem to the Memorial Hospital of Salem County. They stated this is the first step towards selling the line to the City of Salem to mitigate an ongoing issue which has negatively influenced potential buyers of the hospital property. Report accepted and filed. PUBLIC COMMENT PORTION: Motion was made by Emel, seconded by Asay, opening Public Comment portion. Motion carried. Resident Charles DeStefano of Acton Station Road asked for an update regarding the complaint against his neighbor. Carmer responded he had sent a letter giving 30 days to become compliant. As the 30 day period ends on Friday, November 3, 2017, Carmer stated he will revisit
the property next week to take pictures. If needed, he will then issue a summons. Public Comment portion was closed by regular motion. The Mayor acknowledged Lieutenant Quirk and asked if he wanted to report. Quirk had no report but stated he was open for questions. Asay discussed the new electronic system that is now used between the Court and the NJSP Barracks. Quirk stated they are working out glitches and the system is running smoother. APPROVAL OF BILLS: Motion was made by Emel, seconded by Asay, approving the attached bill list for payment. Roll call vote as follows: Asay - yes Spina - absent Emel - yes Beginning with computer check number 15015, ending computer check number 15066. Beginning with payroll check number 5258, ending payroll check number 5292. CFO submitted a Report of Reconciled Cash Balances for the month ending September 30, 2017 and a Summary Budget Status with Account Description as of October 30, 2017. Mayor Asay reminded CFO Bowman to prepare the check for the Salem Hospital Tax Appeal settlement to be processed at the December 7, 2017 meeting. PUBLIC WORKS REPORT: Rainey gave a verbal report on Public Works for the month of October. He stated they continue to mow and use the boom mower. He informed the Committee that Cory Newsome resigned from his part-time position. Rainey is to inform Newsome to submit a written resignation. He reported a tree being supported by telephone wires only on Mannington-Yorktown Road. Rainey is to get the pole numbers and report
it to Verizon. He reported he is working on some JIF issues such as labeling over faucets. He discussed with the Committee some issues with limb pick up and bulk pick up. Asay inquired as to when they are going to begin to put up snow fence. Rainey said they are getting the fence ready. Resident James Rowe noted that snow fence was not getting put up across from his house on Mannington-Yorktown anymore. He stated it gets really bad in that area. Rainey also stated he would like to be part of the hiring process if they plan to replace Cory. Asay reminded Rainey to have a schedule ready for Sandy Jess since he will be off next week. CDL test. Rainey reported he passed the general part of his written He has to take the written airbrake test and when he passes that he can schedule a driving test. OLD BUSINESS: Mayor Asay updated on the letter to Target Farm owners in the PIG. Board. The letter has been reviewed and approved by the Ag Advisory He reported the Target Farm list has been updated and a letter can be put together to reapply for the 2019 Funding Cycle. NEW BUSINESS: Motion was made by Emel, seconded by Asay, passing the following resolution. Roll call vote as follows: Asay - yes Spina absent Emel - yes MANNINGTON TOWNSHIP RESOLUTION TRANSFER OF FUNDS WHEREAS, various 2017 bills have been presented for payment; and WHEREAS, it is determined by the Chief Financial Officer that sufficient funds are not available to cover the cost of the bills presented for payment in the respective appropriation; WHEREAS, N.J.S.A. 40A:4-58 provides the transfer of the amount during the last months of the Fiscal Year any excess from any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of Mannington Township that the transfers in the amount of $4,165.00 between the 2017 Budget Appropriations as follows: Transfer From: Account Name Amount 7-01- -123-201 Garbage/Tipping Fees $4,165.00 Transfer To: 7-01- -191-201 PERS OE $165.00 7-01- -112-203 Employee Group Health $4,000.00 The Committee reviewed the 2017 Best Practice Inventory. There was one NO answer, giving them a score of 96% and qualifying for full funding from the State. The question pertained to having a documented process where the department heads notify of any outside employment and if so, did we have a documented process as to how human resources determines if it is a conflict of interest. Horner said he would prepare a written policy. Motion was made by Emel, seconded by Asay, adopting the following resolution. Roll call vote as follows: Asay - yes Spina absent Emel - yes RESOLUTION TOWNSHIP OF MANNINGTON COUNTY OF SALEM BE IT RESOLVED by the Mayor and Township Committee of the Township of Mannington, County of Salem, State of New Jersey, that Peter J. Zipp, Esq., Special Tax Attorney for the Township of Mannington, is hereby authorized to execute on behalf of the Township of Mannington, Stipulation of Settlement resolving the Complaint filed by: 2017. RJS Holdings Inc. for property situated at Block 61, Lot 6, located at 164-180 Route 45, for tax year Assessment as follows: Tax Original Proposed Year Assessment Assessment 2017 $1,025,000 $1,025,000 2018 $1,025,000 $ 700,000
The counterclaim filed in this matter is withdrawn contingent upon the complaint being withdrawn and/or dismissed. All in accordance with the discussions held at certain caucus meeting of the Township Committee on this 2 nd day of November 2017. Motion was made by Emel, seconded by Asay, adopting the following resolution. Roll call vote as follows: Asay - yes Spina absent Emel - yes TOWNSHIP OF MANNINGTON RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANNINGTON, IN THE COUNTY OF SALEM, NEW JERSEY, AUTHORIZING THE ISSUANCE AND SALE OF UP TO $40,000 OF BOND ANTICIPATION NOTES OF THE TOWNSHIP; MAKING CERTAIN COVENANTS TO MAINTAIN THE EXEMPTION OF INTEREST ON SAID NOTES FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF THE NOTES BACKGROUND WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Committee of the Township of Mannington, in the County of Salem, New Jersey ("Township"), has, pursuant to bond ordinance 08-05, duly and finally adopted and published in accordance with the requirements of the Local Bond Law ("Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the acquisition of easements set forth in and authorized by the Bond Ordinance, all as more particularly described in Exhibit "A" attached hereto and made a part hereof (collectively, the "Improvements"); and WHEREAS, the Township has heretofore issued a Bond Anticipation Note of 2016, Series A, in the principal amount of $80,000 to finance the cost of the Improvements ("Prior Note"); and WHEREAS, the Prior Note matures on December 11, 2017; and WHEREAS, the Township desires to authorize the issuance and sale of a series of its bond anticipation notes in the principal amount of $40,000, the proceeds of which, together with other available funds of the Township, will be used to pay the principal of the Prior Note at maturity; and WHEREAS, it is necessary for the Township to adopt this resolution to authorize and effectuate the issuance and sale of said Notes (as hereinafter defined).
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANNINGTON, COUNTY OF SALEM, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW, AS FOLLOWS: Section 1. Pursuant to the Local Bond Law and the Bond Ordinance, the issuance of bond anticipation notes of the Township to be designated, substantially, "Township of Mannington, County of Salem, New Jersey, Bond Anticipation Notes of 2017, Series A", in the principal amount of up to $40,000 ("Notes"), is hereby authorized, approved, ratified and confirmed. Section 2. The Chief Financial Officer, with the assistance of the law firm of Parker McCay P.A., Bond Counsel, is hereby authorized and directed to award and sell the Notes at a public or private sale at a price not less than par, and to deliver the same to the purchaser thereof upon receipt of the payment of the purchase price thereof. Section 3. At the next meeting of the Township Committee after the sale of the Notes, the Chief Financial Officer is hereby authorized and directed to report, in writing, to the Township Committee, the principal amount, rate of interest and the name of the purchaser of the Notes. Section 4. The Notes shall be dated the date of delivery thereof and mature no later than one year from said date. The Notes will not be subject to redemption prior to maturity. Section 5. The Notes shall be executed in the name of the Township by the manual signatures of the Mayor and Chief Financial Officer, and shall be under the corporate seal of the Township affixed, imprinted, or reproduced thereon, and attested by the manual signature of the Township Clerk or Deputy Township Clerk. Section 6. The Notes are payable in the first instance from the proceeds of the sale of bonds in anticipation of which the Notes are issued, but if not so paid, are payable from ad valorem taxes that shall be levied upon all taxable real property in the Township without limitation as to rate or amount. Section 7. The Township hereby covenants that it will not make any use of the proceeds of the Notes or do or suffer any other action that would cause: (i) the Notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Internal Revenue Code of 1986, as amended ("Code") and the Income Tax Regulations promulgated thereunder; (ii) the interest on the Notes to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the Notes to be treated as an item of tax preference under Section 57(a)(5) of the Code. Section 8. The Township hereby covenants as follows: (i) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (ii) it shall take no action that would cause the Notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 9. Unless otherwise exempt, the Township hereby covenants that it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions may be modified insofar as they apply to the Notes.
Section 10. The Township hereby designates the Notes as "qualified tax-exempt obligations" as defined in and for the purposes of Section 265(b)(3) of the Code. For purposes of this designation, the Township hereby represents that: (i) during the period from January 1, 2017 through and including the date hereof, the Township has not issued tax-exempt obligations in an amount which, when added to the principal amount of the Notes, exceeds $10,000,000; (ii) during the period from January 1, 2017 through and including the date hereof, the Township has not designated as "qualified tax-exempt obligations" bonds or other tax-exempt obligations in an amount which, when added to the principal amount of the Notes, exceeds $10,000,000; and (iii) it reasonably anticipates that the amount of tax-exempt obligations to be issued by the Township during the period from January 1, 2017 to December 31, 2017, and the amount of obligations designated as "qualified tax-exempt obligations" by it, will not exceed $10,000,000 when added to the principal amount of the Notes. Section 11. For purposes of this Section 11, the following obligations are not taken into account in determining the aggregate principal amount of tax-exempt obligations issued by the Township: (i) a private activity bond as defined in Section 141 of the Code (other than a qualified 501(c)(3) bond, as defined in Section 145 of the Code); and (ii) any obligation issued to refund any other tax-exempt obligation (other than to advance refund within the meaning of Section 149(d)(5) of the Code) as provided in Section 265(b)(3)(c) of the Code. Section 12. All actions heretofore taken and documents prepared or executed by or on behalf of the Township by the Mayor, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the Notes are hereby ratified, confirmed, approved and adopted. Section 13. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are hereby authorized and directed to determine all matters and execute all documents and instruments in connection with the Notes not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance or by this or any subsequent resolution, and the signature of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations. Section 14. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency. Section 15. of November, 2017. This Resolution shall take effect immediately upon adoption this 2nd day Bond Ordinance No. Amount Authorized Exhibit "A" Notes Outstanding Available Funds Notes to be Issued 08-05 $475,000 $80,000 $40,000 $40,000 CORRESPONDENCE: 1. NJ SADC submitted request support letters on two applications they received for the acquisition of development easements. Support
was requested for Block 19, Lot 1, Block 21, Lot 13, Block 6, Lot 3 Owned by John (Pud) Bitter and Block 15, Lots 4 & 23 owned by John Walter. Motion was made by Emel, seconded by Asay, to sign the Statement of Support for the above-mentioned properties. Motion carried. 2. NJ General Assembly Resolution No. 216 was received, reviewed, and filed. 3. A Taxpayer Bill of Rights was received from the Tax Collector and requested to be posted on the municipal website according to statute. 4. An invite for the Mayor or his designee to attend the Salem County Economic Advisory Council s 2017 Planning Retreat on November 30, 2017 was received. The retreat will be hosted by Atlantic City Electric at 5 Collins Drive in Carneys Point from 3 pm to 5 pm. Mayor Asay will plan to attend. OTHER BUSINESS: Mayor Asay gave updates on the County Wide Code Official project and Clean Communities Road Clean-Up Day. Asay asked Emel, as his Planning Board Alternate Designee, to attend the Planning Board meeting on Thursday, November 09, 2017, as he would be on vacation. Emel stated he could attend. PUBLIC COMMENT PERIOD: A second public comment period was opened by regular motion. Resident, James Rowe thanked the Mayor for explaining the topics as they came up on the agenda and had a few questions regarding Farmland Preservation and the RJS Holdings Tax Appeal resolution. Motion was made by Emel, seconded by Asay, closing Public Comment. Motion carried.
Motion was made by Emel, seconded by Asay, adopting the following resolution. Motion carried. RESOLUTION BE IT RESOLVED that the following portion of this meeting be closed to the public for the purpose of personnel/job application. The time when these matters may be disclosed to the public is when such matters have been resolved. The meeting was opened to the public. Motion was made by Emel, seconded by Asay, to hire Michael A. Cable as a snow plow truck driver and to have him added to the list. Motion carried. REPORTS: $356,225.34. The following reports were filed: The Collector reported receipts for October in the amount of Mid-Salem County Court submitted a check in the amount of $2,246.10 for fines received in October. Registrar s receipts for October totaled $1,785.00. There were no dog license s issued in October. CFO reported receipts of $403,010.87 for the month of October. There being no further business to transact, the Mayor adjourned the meeting by regular motion at 8:35 PM. Respectfully Submitted, Esther A. Mitchell, Clerk November 13, 2017 November 20, 2017 November 27, 2017 December 4, 2017 NO QUORUM NO QUORUM NO QUORUM NO QUORUM