TOWNSHIP OF GREENWICH
MINUTES OF REGULAR MEETING
AUGUST 8, 2017
7:30 P.M.
Mayor Reinhart called the meeting to order stating, “Adequate notice of this meeting was provided in compliance with the Open Public Meeting Act by notifying the South Jersey Times.”
Those present were Mayor Reinhart, Deputy Mayor Orr and Mark Werley. Also present were John Carr, Township Solicitor; and Lisa Garrison Township Clerk.
Flag Salute – Mayor Reinhart
Treasurer’s Report/Bill List - After review and discussion, on motion of Deputy Mayor Orr, seconded by Committeeman Werley to approve the Treasurer’s report and Bill List in the amount of $377,638.90, unanimously carried.
Minutes – On motion of Committeeman Werley, seconded by Deputy Mayor Orr to approve the minutes of June 20, 2017, July 11, 2017 and July 25, 2017, unanimously carried.
Public Hearing –
ORDINANCE NO. 34-2017
ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION
(N.J.S. 40A:4-53) IN THE AMOUNT OF $65,000 FOR THE PREPARATION AND
EXECUTION OF A COMPLETE REVALUATION OF REAL PROPERTY IN AND BY THE TOWNSHIP OF GREENWICH, COUNTY OF CUMBERLAND, NEW JERSEY
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF GREENWICH, IN THE COUNTY OF CUMBERLAND, NEW JERSEY AS FOLLOWS:
Section 1. The preparation and execution of a complete program of revaluation of real property for use of the local assessor in and by the Township of Greenwich, in the County of Cumberland, New Jersey (the “Township”), is hereby authorized, and a special emergency appropriation in the amount of $65,000 is hereby authorized pursuant to the Local Budget Law (N.J.S.A. 40A:4-53)
Section 2. A copy of this ordinance as finally adopted shall be filed with the Director of the Division of Local Government services in the Department of Community Affairs of the State of New Jersey.
Section 3. This ordinance shall take effect immediately upon proper passage and publication in accordance with the law.
On motion of Deputy Mayor Orr, seconded by Mayor Reinhart to open the public hearing, unanimously carried. Mr. Price questioned if the revaluation company was the same company that had done the revaluation in Hopewell and were they familiar with the area. He was advised they were the same company. On motion of Deputy Mayor Orr, seconded by Mayor Reinhart to close the public hearing, unanimously carried. On motion of Committeeman Werley, seconded by Deputy Mayor Orr to approve and adopt the foregoing ordinance, unanimously carried upon roll call vote. Ayes: Orr, Werley, Reinhart Nays: None Abstain: None Absent: None.
Resolutions:
RESOLUTION NO. 8-28-2017
RESOLUTION AUTHORIZING THE ISSUANCE OF
$65,000 SPECIAL EMERGENCY APPROPRIATION
FOR THE REVALUATION PROGRAM OF THE
TOWNSHIP OF GREENWICH, COUNTY OF CUMBERLAND,
NEW JERSEY
SPECIAL EMERGENCY RESOLUTION
N.J.S. 40A:4-53, 54, 55.1 and 55.13
BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF GREENWICH, COUNTY OF CUMBERLAND, NEW JERSEY (by not less than two-thirds of all governing body member affirmatively concurring) AS FOLLOWS:
Section 1. An ordinance of the Township of Greenwich, in the County of Cumberland, New Jersey (the “Township”), authorizing a special emergency appropriation in the amount of $65,000 for the preparation and execution of a complete program of revaluation of real property for the use of the local assessor has been finally adopted and a copy thereof has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey (the “Director”).
Section 2. (a) In order to finance the special emergency appropriation described in Section 1 of this resolution, the Township is hereby authorized to borrow the sum of $65,000 and to issue special emergency notes therefor in accordance with the Local Budget Law of the State of New Jersey (N.J.S.A. 40A:4-55)
(b) The special emergency notes authorized by this resolution may be issued in amounts and denominations not exceeding in the aggregate the amount of notes authorized herein, as determined by the chief financial officer of the Township pursuant to this resolution.
(c) The Township may finance the special emergency appropriation from surplus funds available or may borrow money in the manner prescribed herein. Where an appropriation is financed from surplus funds available, at least one-fifth of the amount thereof shall be included in each annual budget until the appropriation has been fully provided for.
Section 3. The following matters in connection with the special emergency notes are hereby determined:
(a) All special emergency notes issued hereunder and any renewals thereof shall mature at such time as may be determined by the chief financial officer within the limitations of the Local Budget Law, provided however, that at least one-fifth of all such special emergency notes and the renewals thereof shall mature and be paid in each year so that all special emergency notes and renewals shall have matured and have been paid not later than the last day of the fifth year following the date of this resolution:
(b) All special emergency notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer:
(c) The special emergency notes shall be in the form determined by the chief financial officer and the chief financial officer’s signature upon the special emergency notes shall be conclusive as to such determination;
Section 4. The chief financial officer is hereby authorized and directed to determine all matters in connection with the special emergency notes not determined by this or a subsequent resolution and the chief financial officer’s signature upon the special emergency notes shall be conclusive as to such determination.
Section 5. The chief financial officer is hereby authorized to sell the special emergency notes from time to time at public or private sale in such amounts as such officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.
Section 6. Any instrument issued pursuant to this resolution shall be a general obligation of the Township. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.
Section 7. The chief financial officer is authorized and directed to report in writing to this governing body at the meeting next succeeding the date when any sale or delivery of the special emergency notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the special emergency notes sold, the price obtained and the name of the purchaser.
Section 8. (a) Solely for purposes of complying with Rule 15c2-12 of the Securities and exchange Commission (the “Rule”), and provided that an issue of special emergency notes authorized by this resolution is not exempt from the Rule, for so long as an issue of special emergency notes of the Township remains outstanding (other than an issue of special emergency notes which has been wholly defeased), the Township shall provide, in a timely manner not in excess of ten business days after the occurrence of the event, to the Municipal Securities Rulemaking Board, notice of any of the following events with respect to the special emergency notes (herein “Material Events”):
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-
TEB) or other material notices or determinations with respect to the tax status of
the security or other material events affecting the tax status of the security;
(7) Modifications to rights of security holders, if material;
(8) Bond calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the securities, if
material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership or similar event of the obligated person;
(13) The consummation of a merger, consolidation, or acquisition involving as
obligated person or the sale of all or substantially all of the assets of the obligated
person, other than in the ordinary course of business, the entry into a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material;
(14) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
For the purposes of the event identified in subparagraph (12) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.
(b) The covenants and undertakings contained in this Section 8 are made for the benefit of the holders or beneficial owners of the special emergency notes issued under resolution.
(c) The chief financial officer shall determine, in consultation with Bond Counsel, the application of the Rule or the exemption from the Rule for each issue of special emergency notes prior to their offering. Such chief financial officer is hereby authorized to enter into written contracts or undertaking to implement this resolution and is further authorized to amend such contracts or undertakings as needed to comply with the Rule or upon the advice of Bond Counsel.
(d) In the event that the Township fails to comply with this resolution or the written contract or undertaking, the Township shall not be liable for monetary damages, remedy of the holders or beneficial owners of the notes being hereby specifically limited to specific performance of the covenants contained in the resolution or the written contract or undertaking.
Section 9. A copy of this resolution as adopted shall be filed with the Director.
Section 10. This resolution shall take effect immediately.
On motion of Committeeman Werley, seconded by Mayor Reinhart to approve and adopt the foregoing resolution, unanimously carried.
Deputy Mayor Orr questioned if an answer had been received in regards to how the ratio is calculated. Mr. Carr indicated he did not receive an answer. Committeeman Werley recommended inviting Patty Belmont, County Tax Board Administrator to a meeting. After further review and discussion, on motion of Mayor Reinhart, seconded by Deputy Mayor Orr to approve and adopt the following resolution.
RESOLUTION NO. 8-29-2017
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR REVALUATION SERVICES WITH PROFESSIONAL PROPERTY APPRAISERS
WHEREAS, the Township Committee is desirous to complete a revaluation for the Township of Greenwich; and
WHEREAS, the Township of Greenwich has a need to acquire such professional revaluation services as a Fair and Open Contract pursuant to N.J.S.A. 19:44-20.5; and
WHEREAS, Professional Property Appraisers, 101 S. Highway 130, Suite 301, Cinnaminson, New Jersey, has submitted a proposal indicating they will provide professional revaluation services in the amount of $56,295.00; and
WHEREAS, the availability of funds for said Professional Services Contract to be awarded herein have been certified by the Township CFO; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that the Resolution authorizing the award of contract for Professional Services without competitive bidding and the contract itself must be available for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the Committee of the Township of Greenwich as follows:
1.That the Mayor and Township Clerk are hereby authorized and directed to executed a Fair and Open Professional Services Agreement pursuant to N.J.S.A. 9:44A-20.5 with Professional Property Appraisers, 101 S. US Highway130, Suite 301, Cinnaminson, New Jersey, to provide Professional Revaluation Services.
2.The Mayor and Township Clerk are authorized to execute on behalf of the Township of Greenwich, a professional services contract with the requirements of Local Public Contracts Law since the individual appointed practices in a recognized profession, whose members are licensed and regulated by the State of New Jersey and who possess a high degree of specialized training and the performance of the service required judgment and will likely create a fiduciary relationship between the appointing authority and the individual so appointed.
3.That a Notice of this action shall be printed once in the local paper.
Unfinished Business:
Fire Truck Tender –Mayor Reinhart presented a State Contract quote from KME for a new tender. With additional options the tender would cost $279,373 Mayor Reinhart issued his concerns in regards to a cost increase if the purchase is delayed until next year. Committeeman Werley indicated the funds are available in the capital budget for the purchase. He indicated if the Township does purchase and does not increase has the local purpose tax for the next few years all of the big purchases have been completed. Deputy Mayor Orr did not agree with purchasing the tender this year and does not agree with depleting the surplus at this time. Mayor Reinhart suggested to move forward with the professionals and to give the public the opportunity to prostvide input. Committeeman Werley indicated he would like for the purchse to be unanimous and pointed out that Deputy Mayor Orr had valid concerns. Deputy Mayor Orr indicated there are still outstanding unknowns such as the revaluation, Cumberland Regional, the Tech School and the OEM Building. The consensus was to have the CFO and auditor prepare the spending plan.
New Business – None
Solicitor Report: Mr. Carr reviewed his written report with the Committee which included the following:
Abandoned Property Issues/Abandoned Property List - a draft ordinance had been prepared for the Committee’s review. Mr. Carr indicated the key is to find an individual responsible for the list and a redeveloper can prepare the plan.
Rice Notice Requirements Expanded & Open Public Meeting Act/E-Mails of Committee Persons - Mr. Carr indicated these did not pertain at this time to Greenwich but wanted to keep the Committee up to date.
Greenwich Fire Company Waiver – Filling Pools - Mr. Carr advised he had assisted the Fire Company with preparing a form of Release to facilitate the fire company’s wish to provide water for the filing of pools.
663 Ye Greate St. - The bank indicated they would be willing to be forthcoming with $25,000.00 which represents the cost of demolition.
Committee Comments: Deputy Mayor Orr issued concerns in regards to the lack iof progress at the OEM building and the fact that the rain is taking a toll on the excavation site. On last report it was advised they would be back on site and to date that has not occurred. Mr. Carr will contact Kerry Pflugh in regards to the lack of progress. He also questioned the status of the Verizon tower. Committeeman Werley indicated there was nothing more official at this time but he will reach out. Mayor Reinhart reported on the calls for the month of July as follows: Fire Calls – 6 EMS Calls-3,– YTD -63. Mayor Reinhart reported the new contractor for the OEM building is Pat Garrison of ACV Enviro. Also he reported the due date for the 3rd quarter taxes was August 23rd. He further reported the Planning Board was reviewing AirBnBs at their next meeting.
Public Comment – On motion of Mayor Reinhart, seconded by Deputy Mayor Orr to open the public comment, unanimously carried. Mr. Carluzzo indicated at the last meeting he had questioned if grants were being pursued for the purchase of the tender and was told there were none available. He presented a newspaper article which indicated the grant announcements. He also questioned the required frontage necessary to build in an RA zone and was advised to review the Township website. Mr. Price issued his concerns in regards to the County Services provided to Greenwich Township in comparison to the amount of County taxes paid. There being no comment forthcoming from the public on motion of Mayor Reinhart, seconded by Deputy Mayor Orr to close the public comment, unanimously carried.
Adjournment – On motion of Deputy Mayor Orr, seconded by Mayor Reinhart to adjourn, unanimously carried.
Respectfully submitted,
Lisa Garrison
Township Clerk
1