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Last Updated: Jan 11th, 2012 - 11:55:09
AGENDA – SPECIAL MEETING
BOARD OF COMMISSIONERS
June 29, 2010
A. Call to Order and Announcement of Public Meetings (In accordance with the Open Public Meetings Act, notice of this meeting has been sent to the Retrospect and posted on the bulletin board in the Borough Hall)
B. Pledge of Allegiance, followed by Moment of Silence
C. Roll Call
D. Waive reading of Minutes and Approve as Posted
ORDINANCES:
2010-09 Ordinance to Preserve CAP Bank – First Reading
2010-10 Capital Bond Ordinance for $1,985,000 – First Reading
RESOLUTIONS:
131. Introduce 2010 Borough Budget
132. Authorization to Pay Vouchers
133. Authorization to Conduct Annual Budget Self-Examination
134. Authorization to Reject Bids and Re-Advertise – 2010 Woodland Ave. Utility Replacement Project
135. Authorization to Reject Bids and Re-Advertise – 2010 Centre Street Utility Replacement Project
136. Authorization to Reject Bids and Re-Advertise – 2010 Tanner Street Utility Replacement Project
137. Authorization to Extend and Amend Resolution 2009-03-10-051- Longevity Policy
PUBLIC COMMENT
FIRST READING
2010-09
AN ORDINANCE TO PRESERVE A CAP BANK
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and
WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, finds it advisable and necessary to increase its CY 2010 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, hereby determines that a 3.5% increase in the budget for said year, amounting to $346,796 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2010 budget year, the final appropriations of the Borough of Haddonfield shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased to 3.5%, amounting to $346,796, and that the CY 2010 municipal budget for the Borough of Haddonfield be approved and adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and
BE IT FURTHER ORDAINED, that a certified copy of the ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
SECTION I:
All ordinances or parts of ordinances inconsistent with this amending ordinance be and they are hereby repealed to the extent of such inconsistencies only.
SECTION II:
If any section or provision of this ordinance shall be held unconstitutional or invalid by any court, the remaining sections and provisions shall, notwithstanding such holding, remain and be in full force and effect.
SECTION III:
This ordinance shall be in effect upon passage and publication according to law.
FIRST READING June 29, 2010
2010-10
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND BY THE BOROUGH OF HADDONFIELD, IN THE COUNTY OF CAMDEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,985,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,885,750 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF
BE IT ORDAINED BY THE BOROUGH BOARD OF COMMISSIONERS OF THE BOROUGH OF HADDONFIELD, IN THE COUNTY OF CAMDEN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:
SECTION I
The several improvements described in Section III of this bond ordinance are hereby respectively authorized to be undertaken by the Borough of Haddonfield, in the County of Camden, New Jersey (the “Borough”) as general improvements. For the several improvements or purposes described in Section III, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $1,985,000, including the aggregate sum of $99,250 as the several down payments for the improvements or purposes required by the Local Bond Law. The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.
SECTION II
In order to finance the cost of the several improvements or purposes not covered by application of the several down payments, negotiable bonds are hereby authorized to be issued in the principal amount of $1,885,750 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.
SECTION III
The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:
Purpose
Appropriation
and Estimated
Cost
Estimated Maximum Amount of Bonds or
Notes
Period of Usefulness
a) Various road improvements, all as more fully described on a list on file in the Office of the Adminstrator, which list is hereby incorporated by reference as if set forth at length, including all work and materials necessary therefor and incidental thereto. $400,000
$380,000
10 years
b) Parking improvements, consisting of the installation of kiosks, including all work and materials necessary therefor and incidental thereto. $160,000 $152,000 10 years
c) Acquisition of fire gear, including all related costs and expenditure incidental thereto. $225,000 $213,750 5 years
d) Site remediation at the public works yard, including all work and materials necessary therefor and incidental thereto. $1,200,000 $1,140,000 15 years
TOTALS $1,985,000 $1,885,750
The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose.
SECTION IV
All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.
SECTION V
The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.
SECTION VI
The following additional matters are hereby determined, declared, recited and stated:
(a) The purposes described in Section III of this bond ordinance are not current expenses. They are all improvements that the Borough may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.
(b) The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 12.45 years.
(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $1,885,750, and the obligations authorized herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $198,500 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.
SECTION VII
Any grant moneys received for the purposes described in Section III hereof shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.
SECTION VIII
The Township hereby declares the intent of the Township to issue the bonds or bond anticipation notes in the amount authorized in Section II of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section III(a) of this bond ordinance. This Section VIII is a declaration of intent within the meaning and for purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax law.
SECTION VIIII
The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.
SECTION X
The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the for the payment of the obligations and the interest thereon without limitation of rate or amount.
SECTION XI
This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.
2010-06-29-131
Introduction of 2010 Budget
BE IT RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the statements of revenues and appropriations shall constitute the Municipal Budget for the year 2010;
BE IT FURTHER RESOLVED that said Budget be published in The Retrospect in the issue of July 2, 2010.
The Governing Body of the Borough of Haddonfield does hereby approve the following as the Budget for the year 2010:
RECORDED VOTE
Ayes} Nays}
Abstained} Absent}
Notice is hereby given that the Budget and Tax Resolution was approved by the Borough Commissioners of the Borough of Haddonfield, County of Camden, on June 29, 2010.
A Hearing on the Budget and Tax Resolution will be held at Borough Hall on July 27, 2010 at 7:30 pm at which time and place objections to said Budget and Tax Resolution for the year 2010 may be presented by taxpayers or other interested persons.
2010-06-29-132
Authorization to Pay Vouchers
RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the semi-monthly list of bills dated June 29, 2010 are approved for payment and are available for public inspection in the Borough Clerk’s office:
06/29/10 BOROUGH OF HADDONFIELD
14:42:37 Check Register By Check Date
-----------------------------------------------------------------------------Range of Checking Accts: General Capital to General Capital
Range of Check Dates: 06/29/10 to 06/29/10
============================================================================= Check # Check Date Vendor Amount Reconciled/
Paid Void Ref.
Number
-----------------------------------------------------------------------------
GENERAL CAPITAL GENERAL CAPITAL
3050 06/29/10 BLACKDIA BLACK DIAMOND CONSTR. 22,270.00 3241
3051 06/29/10 LUZONINC LUZON, INC. 172,175.08 3241
Checking Account Totals Paid Void Amount Void Amount Paid
---- ---- ----------- -----------
Checks: 2 0 0.00 194,445.08
Direct Deposit: 0 0 0.00 0.00
====== ====== ============== ===============
Total: 2 0 0.00 194,445.08
-----------------------------------------------------------------------------
Report Totals Paid Void Amount Void Amount Paid
---- ---- ----------- -----------
Checks: 2 0 0.00 194,445.08
Direct Deposit: 0 0 0.00 0.00
====== ====== ============== ===============
Total: 2 0 0.00 194,445.08
2010-06-29-133
Authorization to Conduct Annual Budget Self-Examination
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and
WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5 the Borough of Haddonfield has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Haddonfield meets the necessary conditions to participate in the program for the 2005 budget year.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that in accordance with N.J.A.C. 5:30-7.6 a & b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve of uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met (Complies with “CAP” law).
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate, and correctly stated,
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services upon adoption.
010-06-29-134
Authorization to Reject Bids and Re-Advertise– 2010 Woodland Avenue Utility Replacement Project
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, caused a notice to be published in the Retrospect inviting the submission to the Borough Clerk at the Borough Hall on Thursday, June 17, 2010 at 10:00 a.m. of Sealed Bids for the 2010 Woodland Avenue Utility Replacement Project for the Borough of Haddonfield; and
WHEREAS, the bid(s) received are as follows:
BIDDERS BASE BID AMOUNT
Ivymont Construction Company $844,753.50
Mathis Construction Co., Inc. $1,334,693.00
Perna Finnigan, Inc. $1,095,463.39
Petrongolo Contractors, Inc. $1,400,022.00
Spencer V. Maussner, Inc. $884,629.71
WHEREAS, all bids exceeded the budgeted amount for this work.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that all bids are hereby rejected.
BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized to re-advertise for the Receipt of Sealed Bids for the revised “2010 WOODLAND AVENUE UTILITY REPLACEMENT PROJECT” for the Borough of Haddonfield to be received on or before Thursday, July 15, 2010 at 10:15 a.m. in Room 102 of the Haddonfield Borough Hall.
2010-06-29-135
Authorization to Reject Bids – 2010 Centre Street Utility Replacement Project
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, caused a notice to be published in the Retrospect inviting the submission to the Borough Clerk at the Borough Hall on Thursday, June 17, 2010 at 10:15 a.m. of Sealed Bids for the 2010 Centre Street Utility Replacement Project for the Borough of Haddonfield; and
WHEREAS, the bid(s) received are as follows:
BIDDERS
BASE BID AMOUNT ALTERNATE BID AMOUNT
Asphalt Paving Systems, Inc. $435,222.42 $326,702.42
Elk Pipeline, Inc.
t/a Crown Pipeline Construction Co. $578,215.00 $466,003.00
Ivymont Construction Company $374,370.00 $251,790.00
Mathis Construction Co., Inc. $561,831.00 $440,055.00
Petrongolo Contractors Inc. $417,543.00 $319,429.00
Spencer V. Maussner, Inc. $456,414.92 $361,148.92
WHEREAS, all bids exceeded the budgeted amount for this work.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that all bids are hereby rejected.
BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized to re-advertise for the Receipt of Sealed Bids for the revised “2010 NJDOT TRUST FUND REPAVING OF CENTRE STREET” for the Borough of Haddonfield to be received on or before Thursday, July 15, 2010 at 10:30 a.m. in Room 102 of the Haddonfield Borough Hall.
2010-06-22-136
Authorization to Reject and Re-Advertise Bids – 2010 Tanner Street Utility Reconstruction Project
WHEREAS, the Board of Commissioners of the Borough of Haddonfield, caused a notice to be published in the Retrospect inviting the submission to the Borough Clerk at the Borough Hall on Thursday, June 17, 2010 at 10:00 a.m. of Sealed Bids for the 2010 Tanner Street Utility Reconstruction Project for the Borough of Haddonfield; and
WHEREAS, the bid(s) received are as follows:
BIDDERS BASE BID AMOUNT
Petrogalo $2,401,160.00
Elk Pipeline $2,045,000.00
JPC Group $1,939,953.00
Perna Finigan $1,689,722.82
WHEREAS, all bids exceeded the budgeted amount for this work.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that all bids are hereby rejected.
BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized to re-advertise for the Receipt of Sealed Bids for the revised “2010 TANNER STREET UTILITY RECONSTRUCTION PROJECT” for the Borough of Haddonfield to be received on or before Thursday, July 15, 2010 at 10:00 a.m. in Room 102 of the Haddonfield Borough Hall.
2010-06-29-137
Authorization to Extend and Amend Resolution 2010-01-04-010 – Amending the Borough’s Longevity Policy
WHEREAS, the Board of Commissioners, by Resolution 2009-03-10-051, amended the Borough of Haddonfield’s personnel policy to freeze all managerial longevity increases for 2009 at the 2008 rate; and
WHEREAS, the Board of Commissioners extended the freeze on longevity for an additional three months through to March 31, 2010; and
WHEREAS, the Board of Commissioners understand that the Country and their residents are continuing to experience tough economic times; and
WHEREAS, the Board of Commissioners have decided that it is necessary to extend the freeze on longevity through to December 31, 2010; and
WHEREAS, the Board of Commissioners have decided to extend this freeze to include all non-union personnel.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Borough of Haddonfield, County of Camden, State of New Jersey, that the Borough’s Longevity Policy be amended as follows:
1. Through to December 31, 2010 the freeze placed in the 2009 calendar year on all longevity increases to be paid to those holding managerial positions will continue to be frozen at the 2008 percentage rate.
2. That all non-union employee longevity increases will be frozen at the 2009 percentage rate.
NOW BE IT FURTHER RESOLVED, that this change in policy is to be retroactive to January 1, 2010.
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