City of Somers Point, New Jersey | The Shore Starts Here



Meeting called to order at 7:00 p.m. by President Kern with a salute to the flag.

Roll call was recorded as follows:

Present: D’Adamo, Dill, McGuigan, Smith, Triboletti & Kern

Also Present: Mayor Glasser, Administrator Swain, Atty. Franklin & Clerk Degrassi & Deputy Clerk Samuelsen

Absent: Tapp

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Open Public Meetings Act

Pursuant to the Open Public Meetings Act, adequate notice of this meeting has been provided. Agenda for this meeting has been provided to two local newspapers and posted in the City Clerk’s Office

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Public Portion - Resolution No. 219

Meeting was opened to the public and duly closed.

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Resolution No. 219

M/S - Dill/Triboletti

Councilman Dill expressed his gratitude to Mr. Medica for his years of service and accomplishments. Councilman McGuigan also congratulated him and thanked him for his hard work. Councilman Triboletti stated that over thirty years of service is quite impressive noting that it is a payless job. He also noted that Mainland Regional has been a blue ribbon school for many years under his direction. Mayor Glasser thanked him for his many years of service stating that Mainland is better because he was there. Council President Kern thanked him as well stating that a lot of time and dedication goes into this position. Resolution No. 219 was then adopted by a unanimous vote of those present. Mayor Glasser presented Mr. Medica with a certified copy of the resolution stating that he will be missed. Mr. Medica thanked the governing body stating that it has been a pleasure to serve. He stated that they have been fortunate to have really positive people elected or appointed to the Board. He also noted that the Superintendent has been everything they expected him to be and a good example of shared services.

No. 219 of 2013

WHEREAS, John Medica was a member of the 1962 undefeated Mainland Regional High School Mustang Football Team and a member of the graduating Class of 1963; and

WHEREAS, John Medica, who has been a member of the Mainland Regional High School Board of Education, has retired effective November 5, 2013, after serving for over three decades; and

WHEREAS, John served eight of those years as President of the MRHS Board of Education; and

WHEREAS, during his lengthy tenure on the MRHS Board of Education, John was instrumental in the renovation project which included adding new science and technology classrooms, remodeling two gymnasiums, a rooftop reconstruction, new alarm and PA System, adding SMART Board white boards in each classroom and solar panels; and

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Resolution No. 219 (Continued)

WHEREAS, Mr. Medica was also involved in the decision to share a Superintendent with the Linwood School District, promoting shared services and saving taxpayer dollars.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Somers Point, on behalf of themselves and the residents and students of Somers Point, do hereby extend their sincere appreciation to John Medica for his many years of service to the Mainland Regional High School Board of Education.

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Communications

Councilman McGuigan informed everyone that Jason Frost, Asst. to the City Administrator, has just recently become a father and offered his congratulations.

Mayor’s Report

Mayor Glasser reported that Officer McKelvey was recently honored by the AM Vets as Officer of the Year. He also announced that the Holiday Parade will be held on December 6th at 6:30 p.m. starting at Dawes Avenue, down Shore Road to City Hall for the tree lighting ceremony and Santa.

Administrator’s Report

No report given.

Committee Reports

Councilman Triboletti reminded everyone that the Planning Board will be meeting on Monday at 7:00 p.m. for a special meeting.

Minutes

The following minutes were approved by a unanimous vote of those present:

Regular Meeting 10/24/13, corrected Regular meeting of 7/25/13, Executive Session minutes of 4/12/01 approve as to form & release. Executive Session minutes: 4/26/01, 8/23/01, 9/13/01, 12/13/01 & 12/27/01 approve as to form and retain as confidential and subject to attorney client privilege.

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ORDINANCES

Ordinance No. 25 - Final Reading

M/S - D’Adamo/Dill

Meeting was opened to the public and duly closed. Councilman Dill thanked the Zoning Board, Planning Board, City Solicitor and members of Council who worked so diligently on this as it was a long process. Councilman Triboletti stated that he will be recusing himself from voting on this ordinance. Ordinance No. 25 was then adopted by a 5-0 vote with Councilman Tapp absent and Councilman Triboletti recusing himself from voting.

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Ordinance No. 25 (Continued)

CITY OF SOMERS POINT

ORDINANCE No. 25 of 2013

AN ORDINANCE SUPPLEMENTING AND AMENDING A SECTION OF THE CODE OF THE CITY OF SOMERS POINT IN CHAPTER 114 "DEVELOPMENT REGULATIONS" ARTICLE III, SECTION 114-9 (TERMS DEFINED) IN ORDER TO ESTABLISH CONSISTENT REGULATIONS AND GUIDELINES FOR HOME OCCUPATIONS AND HOME OFFICES;

AND

SUPPLEMENTING AND AMENDING CHAPTER 114 TO ADD A NEW ARTICLE XXXI “HOME OCCUPATION AND HOME OFFICE STANDARDS”

FIRST READING: October 24, 2013

PUBLICATION: October 30, 2013

FINAL (Continued) Nov. 18, 2013

FINAL PASSAGE: November 21, 2013

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Ordinance No. 26 - First Reading

M/S - D’Adamo/Triboletti

Approved on first reading by a unanimous vote of those present.

ORDINANCE NO. 26 of 2013

AN ORDINANCE OF THE CITY OF SOMERS POINT,

COUNTY OF ATLANITC, NEW JERSEY DELETING

CHAPTER 58 AND AMENDING CHAPTER 212 OF THE

CODE OF THE CITY OF SOMERS POINT, NEW JERSEY

BE IT ORDAINED by the City Council of the City of Somers Point as follows:

Section 1.

Chapter 58 of the Code of the City of Somers Point is hereby deleted in its entirety.

Section 2.

Chapter 212, Article V, Paragraph 13 is hereby amended as follows:

212-13. Billings

All bills for service under the schedules are to be rendered not later than February of each year, for the first half of the year, and not later than July of each year, for the second half of the year.

A. Residential charges herein prescribed shall be for each calendar year billed on a semi-annual basis.

B. Commercial and industrial user charges herein prescribed shall be for each calendar year billed on a semi-annual bases. Billings for the current year shall be based on the highest quarter of water usage for a one-year period ending September 30 of the previous year. New accounts shall receive an estimated billing, with an adjustment at the first billing cycle after one full year’s history, as described above, is ascertained.

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Ordinance No. 26 (Continued)

Section 3:

All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.

Section 4:

This Ordinance shall take effect after final passage, adoption and publication, according to law.

FIRST READING: 11/18/13

PUBLICATION: 11/27/13

FINAL READING: 12/19/13

The within Ordinance was introduced at a meeting of the Common Council of the City of Somers Point, County of Atlantic and State of New Jersey held on November 18, 2013(resumed on November 21, 2013) and will be further considered for final passage after a public hearing thereon at a meeting of said Common Council on December 19, 2013.

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Ordinance No. 27 - First Reading

M/S - Triboletti/D’Adamo

Approved by a unanimous vote of those present.

ORDINANCE NO. 27 OF 2013

AN ORDINANCE AMENDING ORDINANCE NO. 22

OF 2009, AN ORDINANCE OF THE CITY OF SOMERS POINT,

COUNTY OF ATLANTIC, NEW JERSEY, ESTABLISHING

THE RATES, FEES, RENTS AND OTHER CHARGES OF

THE CITY OF SOMERS POINT SEWER UTILITY.

BE IT ORDAINED by the City Council of the City of Somers Point, that, in accordance with the Municipal and County Sewerage Act, N.J.S.A. 40A:26-A-1 et seq., Section 1 of Ordinance No. 22 of 2009 is hereby amended, and the following schedule of rates, fees, rents and other charges is hereby implemented:

Rates and Charges

of the

City of Somers Point Sewer Utility

SECTION 1.

1. The minimum charge per equivalent domestic unit shall be $370.00 annually.

2. The annual unit sewer charge based on the type of property served shall be as follows:

(a) Private dwellings, condominium units and cooperative units basic

charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $370.00

(b) Structures with apartments - each apartment . . . . . . . . . $370.00

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Ordinance No. 27 (Continued)

(c) Hotels, rooming houses and private dwellings with rented rooms - basic charge . . . . . . . . . . . . . . . . . . . . . . $370.00

plus each rented room . . . . . . . . . . . . . . . . . . . . . . . . . . $268.00

(d) Motels - each standard rental unit . . . . . . . . . . . . . . . . . $268.00

- each efficiency rental unit…………………… $370.00

(e) Small Businesses/Professional Office/Professional Condo Office - Minimum one charge for each office . . ………………...$370.00

Additional charges based on water consumption . . . . . .. $370.00

(f) Trailer parks - each trailer . . . . . . . . . . . . . . . . . . . . . . $370.00

(g) Service stations and garages . . . . . . . . . . . . . . . . . . . . $370.00

(h) Service stations and garages with washing

facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $740.00

(i) Pumpout facilities for marinas . . . . . . . . . . . . . . . . . . . $370.00

(j) Churches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $370.00

(k) Public buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$740.00

(l) The service charge for the use of services of the sewerage system for the persons who are hereinafter designated, shall be and the same is hereby fixed and determined as follows: The calculation of the said service charge shall be based and computed on the consumption of water on or in connection with the real property of such persons, which water consumption shall be determined by the reading of the water use meter used in connection with the real property of such person during the highest three (3) month period of such water used during any given billing year; such water use thus determined shall then be divided by a factor of twenty-seven thousand (27,000) and the quotient shall then be rounded upwards to the next highest whole number; the said quotient shall then be multiplied by a factor of $370.00, and the resulting product, which shall be expressed in terms of dollars, shall be the annual sewerage charge for such persons.

The persons referred to in this section are the following: self service laundries, schools, restaurants, diners, bars, taverns, nursing homes, hospitals, bowling alleys, theatres, shopping centers, barber shops and beauty parlors. Large business establishments or industrial plants and other commercial establishments not herein specifically mentioned.

(m) Any building, institution, commercial or industrial establishment discharging wastes other than domestic sewage will pay a premium charge for the waste. If the waste discharged into the sewer system by industrial users is stronger than allowed by the rules and regulations, the user shall pay a premium charge for the extra strength waste applied as a factor against the annual charge in category. The premium charge shall be based on the following formula for determination of the multiplication factor.

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Ordinance No. 27 (Continued)

Factor=53.0%+19%(BOD in ppm*) +22% (ss in ppm*) +6%(chlorine demand in ppm*)

300 350 5

*Where these figures are less than 300 ppm in BOD or 350 ppm in suspended solids or 5ppm in chlorine demand, the value in the parentheses ( ) shall be equal to "1".

The industrial user will be required to submit a report at least once monthly indicating the strength of sewage entering the Utility's system. The report shall be from an independent laboratory approved by the Utility. For billing purposes during any one year, the Utility will take the average of the samples submitted for use in determining the strength factor. If no reports are submitted to the Utility then the Utility reserves the right to obtain representative samples and use the results obtained from the samples to determine the factor for billing purposes. The cost of any tests required to be performed by the Utility will be added to the user's charges.

All other provisions relating to industrial wastes will be found in the Rules and Regulations of the Utility.

(n) Notwithstanding anything to the contrary in this section, the minimum service charge to be paid with respect to any type of property shall be

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……………………..$370.00

SECTION 2:

All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.

SECTION 3:

This Ordinance shall take effect after final passage, adoption and publication according to law, and any charges due for 2014 will be adjusted and billed accordingly.

FIRST READING: 11/18/13

PUBLICATION: 11/27/13

FINAL READING: 12/19/13

The within Ordinance was introduced at a meeting of the Common Council of the City of Somers Point, County of Atlantic and State of New Jersey held on November 18, 2013(resumed on November 21, 2013) and will be further considered for final passage after a public hearing thereon at a meeting of said Common Council on December 19, 2013.

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Ordinance No. 28 - First Reading

M/S - Triboletti/Dill

Approved on first reading by a unanimous vote of those present.

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Ordinance No. 28 (Continued)

CITY OF SOMERS POINT

Ordinance No. 28 of 2013

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 69 OF THE SOMERS POINT MUNICIPAL CODE ADDING SECTION 69.6 H CREATING A LIMITED EXCEPTION TO THE OBLIGATION TO PAY A RESIDENTIAL DEVELOPMENT FEE; AND REPEALING ALL ORDINANCES HERETOFORE ADOPTED THE PROVISIONS OF WHICH ARE INCONSISTENT HEREWITH.

Statement of Intent and purpose.

Whereas, mandatory development fees, including residential development fees, are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules; and

Whereas, pursuant to N.J.A.C. 5:97-2.5 (a) v, and N.J.A.C. 5:97-8.3(c) a municipality which shall impose a development fee pursuant to N.J.A.C. 5:97-8.3(c) based on the increase in equalized assessed value that results from re-construction shall exempt reconstruction that results from fire, flood or natural disaster; and

Whereas, as a result of the devastating impacts of Super storm Sandy certain properties within the City of Somers Point have been destroyed and demolished; and

Whereas, there is no specific provision contained within Chapter 69 of the Somers Point Municipal Code which sets forth the exemption from payment of the residential development fee where the reconstruction results from fire, flood or natural disaster

Now, Therefore, it is hereby Ordained by the City Council of the City of Somers Point that

Section 1. Amendment To Chapter 69

There is hereby added to Chapter 69 of the Somers Point City Code a Section 69.6 H as follows:

Section 69.6 H

a) Owner-occupied residential structures that have been issued a demolition permit provided the unit for which the demolition permit has been issued was occupied by its current owner for at least one year prior to the demolition, no change in use has occurred, and which unit shall be subtracted from actual growth, a development fee pursuant to N.J.A.C. 5:97-8.3(c) based on the increase in equalized assessed value that results from re-construction shall be imposed; unless

b) The owner-occupied structure which shall have been issued a demolition permit which satisfies the requirements of subparagraph a) shall have been issued the demolition permit as a result of destruction to the premises resulting from fire, flood or natural disaster, then and in such event, no development fee shall be imposed.

Section 2. Repealer Clause

All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies. All other provisions of Chapter 69 which are not affected by this Article are ratified and confirmed and shall remain in full force and effect.

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Ordinance 28 (Continued)

Section 3. Severability

If any portion of this Article is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this article, but shall be confined in its effect to the provision directly involved in the controversy in which such judgment shall have been rendered.

Section 4. EFFECTIVE DATE.

This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

FIRST READING: November 18, 2013

PUBLICATION: November 27, 2013 FINAL PASSAGE: December 19, 2013

The within Ordinance was introduced at a meeting of the Common Council of the City of Somers Point, County of Atlantic and State of New Jersey held on November 18, 2013(resumed on November 21, 2013) and will be further considered for final passage after a public hearing thereon at a meeting of said Common Council on December 19, 2013.

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Ordinance No. 29 - First Reading

M/S - Triboletti/D’Adamo

Approved on first reading by a unanimous vote of those present.

City of Somers Point

Ordinance No. 29 of 2013

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO ADVERTISE FOR RECEIPT OF COMPETITIVE BIDS BY AUCTION OR BY RECEIPT OF SEALED BIDS FOR THE LEASE OF A SPECIFIC PORTION OF REAL PROPERTY OWNED BY THE CITY OF SOMERS POINT TO THE HIGHEST BIDDER UPON CERTAIN CONDITIONS TO BE DETERMINED BY THE CITY ADMINISTRATOR AND TO BE APPROVED BY A RESOLUTION OF THIS GOVERNING BODY PRIOR TO ADVERTISING FOR THE RECEIPT OF BIDS AND FURTHER SUBJECT TO THE RIGHT OF THE GOVERNING BODY TO ACCEPT THE HIGHEST BID OR TO REJECT ANY AND ALL BIDS AS AUTHORIZED BY N.J.S.A 40A:12-14

Whereas, the City of Somers Point (hereinafter "City") is the owner of property with a street address of 49 DeFeo Lane, listed as Lot 2.01in Block 525 on the Tax Map of the City of Somers Point and designated as “EXEMPTED” on the Somers Point Zoning Map, which property is occupied principally for use of the Somers Point Sewer Utility and the Somers Point Department of Public Works; and

Whereas, for some time past a portion of the property approximating fifty five thousand (55,000) square feet (more or less) has been subject to a license agreement with a private third party for use of that portion of the premises; and

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Ordinance No. 29 (Continued)

Whereas, upon recommendation by, among others, the City Administrator and City Solicitor, this governing body intends to advertise for lease of said portion of the property to the highest bidder subject to the provisions of N.J.S.A. 40A:12-14 including the right to reject any and all such bids; and

Whereas, it has been determined that there is no public use required for the portion of the property which is to be made subject to the proposed lease; and

Whereas, this governing body deems it to be in the best interest of the City and our taxpayers to derive an income stream from the subject property until such time as it may be needed for public use; and

Whereas, the purpose and intent of this Ordinance is to authorize the City Administrator to prepare bid specifications for the lease of the property which shall contain, among other things, a description of the area to be leased and how it is to be demarcated; potential authorized users and uses which will be considered; the term of lease which shall not exceed five (5) years and the right to terminate upon certain written notice; any restrictions upon hours /days of access; any restrictions upon type of equipment/materials/inventory allowed to be kept on site; whether any temporary structures may be installed within the leased area; required insurance and indemnity to protect the City, the Sewer Utility, etc.; the obligation to properly maintain, exercise due care, and to remove and restore property upon lease expiration / termination; whether a minimum bid is to be required; the payment terms including payment due date, grace period, if any, and late charge; payment of municipal taxes assessed against the property; subletting or assignment rights or prohibitions; and such other terms and conditions as the City Administrator, the Budget Committee and the City Solicitor may deem necessary or desirable; and

Whereas, prior to advertising for receipt of bids or date of auction the City Administrator shall submit the proposed term sheet and form of request for bids to this governing body for review and approval by resolution

Now, Therefore,

IT IS HEREBY ORDAINED by the City of Somers Point City Council as follows:

SECTION 1: The City Administrator is authorized to prepare bid specifications for the purposed of advertising for receipt of sealed bids or auction for a Lease Agreement with a third party for a portion of City owned property situated along DeFeo Lane and within Block 525 and Lot 2.01 approximating fifty five thousand (55,000) square feet which is not currently needed for public use.

SECTION 2: The term sheet and bid specifications shall be subject to review and approval by resolution of this governing body prior to advertising for receipt of bids or fixing an auction date.

SECTION 3. The lease of the property shall be in accordance with N.J.S.A. 40A12-14 and other applicable laws governing Local Lands and Buildings and Local Public contracts.

SECTION 4: Should any section, clause, sentence, phrase or provision or any item in any schedule of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

SECTION 5: This ordinance shall take effect upon its final passage, publication and adoption in the manner prescribed by law.

FIRST READING: NOVEMBER 21, 2013

PUBLICATION: NOVEMBER 27, 2013

FINAL PASSAGE: DECEMBER 19, 2013

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Ordinance No. 29 (Continued)

The within Ordinance was introduced at a meeting of the Common Council of the City of Somers Point, County of Atlantic and State of New Jersey held on November 18, 2013 (resumed on November 21, 2013) and will be further considered for final passage after a public hearing thereon at a meeting of said Common Council on December 19, 2013.

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RESOLUTIONS

Public Portion on Resolutions

Meeting was opened to the public and duly closed.

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Resolution No. 220

M/S - Triboletti/Dill

Councilman McGuigan and Councilman Triboletti noted that this is quite an achievement, especially for a facility as large as the hospital. Resolution No. 220 was then adopted by a unanimous vote of those present.

No. 220 of 2013

RECOGNIZING SHORE MEDICAL CENTER FOR RECEIVING THE PRESTIGIOUS LEED SILVER CERTIFICATION FROM U.S. GREEN BUILDING COUNCIL CERTIFICATION INSTITUTE.

WHEREAS, Shore Medical Center designed the Surgical Pavilion and Campus Expansion to maximize energy efficiencies incorporating "green" building materials, concepts and systems; and

WHEREAS, through its design Shore Medical Center reduced greenhouse emissions, reduced water and energy consumption, and utilized recycled and regional materials; and

WHEREAS, an eco-friendly "green" roof was installed on the fourth floor of the Surgical Pavilion which not only provides a natural open space for quiet and reflection but also relieves the strain on the City's storm water infrastructure by managing the dissipation of water during periods of heavy rainfall; and

WHEREAS, in recognition of the design and construction of their state of the art Surgical Pavilion, Shore Medical Center has been awarded the highly coveted and prestigious Leadership in Energy and Environmental Design (LEED) Silver Certification from the U.S. Green Building Council and the Green Building Certification Institute the nation's pre eminent third-party certification program for the design, construction and operation of high performance green buildings; and

WHEREAS, in receiving this award Shore Medical Center joins the ranks of other major Medical Centers which have received this recognition including the University of Pittsburgh Medical Center, the Benjamin Russell Hospital for Children - Birmingham, Alabama, the Einstein Medical Center Montgomery - East Norriton, Pennsylvania, the Henry Ford West Bloomfield Hospital - West Bloomfield, Michigan, and the Providence Holy Cross Medical Center South Tower Expansion - Mission Hills, California

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Resolution No. 220 (Continued)

Now, therefore, it is hereby RESOLVED that the Mayor and Council of the City of Somers Point acknowledge Shore Medical Center Chief Executive Officer Ron Johnson and his team for having the foresight to incorporate green building strategies into the Surgical Pavilion; and

It is further RESOLVED that the Mayor and Council extend their congratulations to Shore Medical Center and their team of designers for receiving the LEED Silver Certification.

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Resolution No. 221

M/S - Dill/Smith

Adopted by a unanimous vote of those present.

No. 221 of 2013

Subject: Authorizing Contract with Tax Assessor

Introduced By: Councilmen Dill, Smith & Tapp

WHEREAS, it is necessary for the City to approve and authorize the execution of personal services contracts on behalf of the City by an appropriate City Official; and

WHEREAS, the existing agreement between the City and the Tax Assessor expired at midnight, December 31, 2011; and

WHEREAS, the Tax Assessor and representatives of the City have negotiated a successor agreement, a copy of which is attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby authorizes and directs the Mayor to execute the successor agreement between the City of Somers Point and the Tax Assessor and by that act the City does hereby approve said agreement effective January 1, 2012.

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Resolution No. 222

M/S - Dill/Triboletti

Adopted by a unanimous vote of those present.

No. 222 of 2013

Subject: Change Order – Contract No. 22 – DeFeo Lane Tennis Courts

Introduced By: Councilman Dill

WHEREAS, in accordance with Resolution 122 of 2013, Ricky Slade Construction, Inc. of Bridgeton, New Jersey was awarded the contract for the DeFeo Lane Tennis Court Improvements for the sum of $104,954; and

WHEREAS, during the course of construction changes were made to reflect as-built quantities; and

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Resolution No. 222 (Continued)

WHEREAS, during the course of construction conditions warranted the addition of a drainage wick to the project; and

WHEREAS, the City Engineer has recommended approval of these changes; and

WHEREAS, those changes have resulted in a change of the contract amount as follows:

Base Contract $104,954.00

Change order 1

to reflect as-built quantities $8,461.65

to install drainage wick $4,312.00

total $12,773.65

Revised Contract Amount $117,727.65

Total Deduction: $0 Total Additional: $12,773.65 Net Change: 12.17%

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point that the above listed change to the contract for the DeFeo Lane Tennis Court Improvements is hereby approved and that the Mayor is hereby authorized and directed to execute all documents in this regard on behalf of the City.

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Resolution No. 223

M/S - D’Adamo/Smith

Councilman Dill explained that this is a replacement and not a new position. Resolution No. 223 was then adopted by a unanimous vote of those present.

No. 223 of 2013

Subject: Appointment of William J. Hoffmann

Introduced By: Councilmen Tapp, Dill and Smith

WHEREAS, due to a sudden vacancy in the position, William J. Hoffman was appointed on an emergency basis to provide electrical inspections for the City of Somers Point on July 16, 2013; and

WHEREAS, the position of electrical inspector was then advertised as required by the personnel policies and procedures of the City; and

WHEREAS, applications for the advertised position were closed on September 30, 2013; and

WHEREAS, a review of the applications was completed and the Construction Official has recommended that William J. Hoffmann be appointed; and

WHEREAS, adequate funds are available within the Uniform Construction Codes Department operations in the 2013 budget for this appointment.

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Resolution No. 223 (Continued)

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point as follows:

1. The appointment of William J. Hoffmann, New Jersey License No. 005262, to the position of Electrical Inspector/Electrical Sub Code Official, New Jersey Civil Service Local Government Job Specification 05046, is herby approved effective July 16, 2013.

2. This appointment has included the requirement that the appointee possess the HHS Electrical Inspector level.

3. This appointment is made on a provisional basis pending a New Jersey Civil Service Commission examination, list promulgation and certification procedures, as may be required.

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Resolution No. 224

M/S - Dill/D’Adamo

Adopted by a unanimous vote of those present.

No. 224 of 2013

Subject: Budget Appropriation Transfer

Introduced by: Councilman Triboletti, Dill, and Smith

WHEREAS, N.J.S. 40A:4-1 et.seq. allows budget appropriation transfers after November 1st of the budget year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby authorizes the Chief Financial Officer to make the following budget transfer as specified in this resolution.

Current Fund

From:

Administration OE 3-01-20-100-200 $ 6,000

Legal Services OE 3-01-20-155-200 6,000

Workers Compensation Insurance 3-01-23-215-200 3,000

Water 3-01-31-445-281 5,000

Gasoline 3-01-31-460-273 5,000

Total $25,000

To:

Tax Assessment OE 3-01-20-150-200 $ 1,000

Insurance Health Waiver Employee Opt-out 3-01-23-221-285 4,000

Electric 3-01-31-430-275 16,000

Street Lighting 3-01-31-435-276 2,000

Fire Hydrants 3-01-31-445-283 2,000

Total $25,000

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Resolutions (Continued)

Resolution No. 225

M/S - Triboletti/Dill

Adopted by a unanimous vote of those present.

No. 225 of 2013

Subject: A Resolution Authorizing a Grant Application for the New Jersey Economic Development Authority Stronger NJ Neighborhood and Community Revitalization Program Streetscape Revitalization Program

Introduced By: Councilmen Triboletti, Dill and Smith

WHEREAS, the New Jersey Economic Development Authority (NJEDA) has allocated $10 million in Community Development Block Grant – Disaster Recovery (CDBG-DR) to “Main Street” revitalization projects in the nine most impacted counties by Superstorm Sandy; and

WHEREAS, grants of up to $1.5 million to support various Main Street revitalization projects including streetscapes, lighting, sidewalks, facade enhancements, and code-related and other physical upgrades to commercial areas may be provided; and

WHEREAS, eligible applicants include any storm-impacted New Jersey municipality with one or more established traditional business districts. Projects located in one of the nine most impacted counties (Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union) receive priority consideration; and

WHEREAS, the City of Somers Point intends to apply for NJEDA Streetscape Revitalization Program funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point as follows:

1. The City of Somers Point has sustained a ratable loss attributed to Superstorm Sandy of at least 1% or $1,000,000 as indicated by documentation from the tax assessor and it is located in one of the nine most impacted counties.

2. The City Council hereby authorizes the application for the NJEDA Streetscape Revitalization Program grant.

3. The City of Somers Point recognizes and accepts that the Authority may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Economic Development Authority, does authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Authority, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City and the New Jersey Economic Development Authority.

4. The City Administrator is hereby authorized to submit an Application to NJEDA for the Streetscape Revitalization Program and to sign the Grant Agreement and any other necessary documents in connection with this grant on behalf of the City.

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Page 15

Resolutions (Continued)

Resolution No. 226

M/S - Triboletti/D’Adamo

Adopted by a unanimous vote of those present.

No. 226 of 2013

Subject: Authorization of a request to participate in the U.S. Army Corps of Engineers Continuing Authorities Program

Introduced by: Councilman Dill, Tapp and Triboletti

WHEREAS, the U.S. Army Corps of Engineers under the Continuing Authorities Program provides assistance for feasibility studies and construction projects; and

WHEREAS, the City of Somers Point was damaged by Superstorm Sandy with 379 claims filed as of September 15, 2013 and $2,239,287 losses paid according to the New Jersey Department of Banking and Insurance; and

WHEREAS, various bulkheads along the bay in the City of Somers Point were damaged by Superstorm Sandy and shoaling of Ship Channel caused by recent storms including Superstorm Sandy has had a deleterious effect on navigation and boating conditions; and

WHEREAS, the total cost of a project to re-build the bulkheads to provide better flood and storm protection and dredge the area along the bay from Goll Avenue to the Longport-Somers Point Boulevard is estimated to be $9,135,000; and

WHEREAS, the Governing Body of the City of Somers Point has determined that such a project will protect public infrastructure and private investment in the area and make our community more resilient.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point that the Mayor is hereby authorized to provide a letter of intent to the U.S. Army Corps of Engineers on behalf of the City requesting assistance and funding under the Continuing Authorities Program to provide for the necessary feasibility study and construction of a project to re-build the bulkheads and dredge the area along the bay from Goll Avenue to the Longport-Somers Point Boulevard.

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Resolution No. 227

M/S - McGuigan/Dill

Adopted by a unanimous vote of those present.

No. 227 of 2013

A Resolution Authorizing and Directing The Code Enforcement Officer of the City of Somers Point to Waive Payment of Permit and Inspection Fees for a Specific Fusion Church Project

Page 16

Resolution No. 227 (Continued)

WHEREAS, Fusion Church intends to apply for and receive from the City of Somers Point a permit for certain work to be performed on the premises of Fusion Church to perform basement renovations, stairwell construction and wall relocation to accommodate the stairwell construction; and

WHEREAS, said permit involves fees payable to the City of Somers Point and to the State of New Jersey; and

WHEREAS, the Governing Body may determine that the best interest of the public may be served by waiving fees payable to the City of Somers Point for said permit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby waives that portion of the fee payable to the City of Somers Point for such Permit; and

BE IT FURTHER RESOLVED that the City Council of the City of Somers Point hereby authorizes the waiver of the inspection fee otherwise payable to the City of Somers Point in conjunction with the above-mentioned permit; and

BE IT FURTHER RESOLVED that by taking this action the City Council does not intend to set a precedent but will address each application on a case by case basis and will consider the merits of the proposed project and the benefits to the citizens of Somers Point as has been done in prior applications by other not for profit entities.

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Resolution No. 228

M/S - Triboletti/D’Adamo

Adopted by a unanimous vote of those present.

No. 228 of 2013

Subject: Community Development Block Grant Program

WHEREAS, the City of Somers Point has opted to participate in the Atlantic County community Development Block Grant (CDBG) Program for FY 2012 & 2013; and

WHEREAS, as a participant, the City of Somers Point expects to be allocated $97,033.00 for Fiscal Years 2012 and 2013 for the project known as Road Reconstruction – Ninth Street; and

WHEREAS, in order to be allocated CDBG funds, the City of Somers Point must enter into an interlocal service agreement with the Atlantic County Improvement Authority, the administrator of the Atlantic County CDBG Entitlement Program.

NOW, THEREFORE, BE IT RESOLVED, that the Agreement by and between the Atlantic County Improvement Authority and City of Somers Point which is attached hereto, is approved and the Mayor and Municipal Clerk are authorized to sign said agreement on behalf of the City.

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Resolution No. 229

M/S - Dill/D’Adamo

Adopted by a unanimous vote of those present.

Page 17

Resolution No. 229 (Continued)

CITY OF SOMERS POINT

RESOLUTION

No. 229 of 2013

A Resolution Authorizing and Directing The Code Enforcement Officer of the City of Somers Point and the City Administrator to Waive Payment of a Residential Development Fee For a

Specific Property Which is Being Reconstructed by the Owner

Occupant After Being Totally Destroyed by

Super Storm Sandy

Sponsored by: Councilman Triboletti

WHEREAS, collection of mandatory development fees, including residential development fees, are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq.; and

WHEREAS, Chapter 69 of the Somers Point Municipal Code has been adopted which, in Section 69-4.A, fixes the Residential Development Fee to be collected; and

WHEREAS, N.J.A.C. 5:97-2.5(a) v.i provides that owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee; and

WHEREAS, a specific property within the City of Somers Point in Lot 9.03, Block 910 was totally destroyed by Super storm Sandy and the remnants had to be demolished; and

WHEREAS, the owners of the property are seeking to rebuild and reconstruct in order to continue to maintain their home in the City of Somers Point rather than be forced to relocate; and

WHEREAS, the owners of the property are also seeking to obtain funding through the Department of Community Affairs Community Block Development Post Sandy Restoration Fund and other sources; and

WHEREAS, the owners of the property fall within the exemption which is permitted by law; and

WHEREAS, this governing body believes that justice, fairness and equity demand that the relief afforded by N.J.A.C. 5:97-2.5(a) v.i be granted to this family; and

WHEREAS, it is the intent of this governing body that such relief be granted to all other similarly situated property owners through an amendment to Chapter 69

Now, therefore, it is hereby RESOLVED that the owner occupiers of the property to be reconstructed on Lot 9.03, Block 910 which was destroyed by Super storm Sandy and which is being rebuilt as their residence shall be exempt from payment of the residential development fee.

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Resolution No. 230

M/S - Triboletti/McGuigan

Adopted by a unanimous vote of those present.

CITY OF SOMERS POINT

RESOLUTION

No. 230 of 2013 (Corrected Copy)

Page 18

Resolution No. 230 (Continued)

A Resolution Authorizing and Directing The Code Enforcement Officer of the City of Somers Point to Extend the Time for Waiver of Payment of Permit and Inspection Fees for the Owners of A Residential Property Which Sustained Direct Damage from Super Storm Sandy Requiring Demolition of the Remaining Structure and Complete Replacement and for Which Despite Diligent Efforts on the Part of the Owners of the Property Permits Could Not be Requested Within the Previously Allowed Time Frame

Sponsored by: Mayor and City Council

WHEREAS, in Resolution No. 212 of 2012 and Resolution 85 of 2013 this Governing Body, recognized that many owners of residential property within our City sustained direct damage from the impact of Super Storm Sandy authorized and directed the Code Enforcement Officer of the City of Somers Point to waive permit and inspection fees under certain proven conditions in order to alleviate the financial burden; and

WHEREAS, Resolution No. 85 of 2013 further provided that such relief from the payment of permit and inspection fees would be effective through close of business on May 17, 2013 with the further provision that the waiver would be re-evaluated if necessary; and

WHEREAS, it has come to the attention of the Code Enforcement Officer that due to delays in receipt of insurance proceeds, payment from FEMA, and delayed receipt of funds from the Department of Community Affairs Community Block Development Grant Program Post Sandy Relief Fund, and for other reasons beyond the control of the property owners, the ability to request permits within the previously established time frame became impossible the owners of Lot 9.03 in Block 910 despite their diligent best efforts and the diligent best efforts of others who have assisted them; and

WHEREAS, the Mayor, the members of City Council and the staff of the Code Enforcement Office recognize the extenuating circumstances which have led to this result and believe that fairness and equity require an additional extension of time within which the inspection and permit fees imposed by the City will be waived

NOW, THEREFORE, IT IS HEREBY RESOLVED that all such permit and inspection fees shall be waived for the current owners of the property situated in Block 910, Lot 9.03 and who owned the property at the time of Super storm Sandy.

IT IS FURTHER RESOLVED that this waiver shall not apply in the event of a sale or transfer of the interest of the current owners in the property or failure of the current owners to occupy of the reconstructed premises after construction; in which event the entire amount of the fees and permits will be due and payable to the City of Somers Point.

IT IS FURTHER RESOLVED that this is not to be construed as a waiver of the obligation to obtain any permit or have an inspection made, and failure to do so will render the violator subject to the penalties provided by law, nor is it intended to be a waiver of any fee or charge assessed by either the Somers Point Planning Board or the Somers Point Board of Adjustment required for any application filing; and

IT IS FURTHER RESOLVED that Council reserves the right to consider a waiver for any other property owner similarly situated who, for reasons beyond the owner’s control, was unable to apply for permits and inspections prior to the May 17, 2013 deadline upon a showing of good and sufficient cause and upon the recommendation of the Code Enforcement Officer; and

Page 19

Resolution No. 230 (Continued)

IT IS FURTHER RESOLVED that the Code Enforcement Officer and his staff are hereby authorized and directed to act in accordance with the intent of this Resolution.

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Resolution No. 231

M/S - Dill/D’Adamo

Adopted by a unanimous vote of those present.

No. 231 of 2013

Subject: Cancelling capital improvement authorizations

Introduced by: Councilman Triboletti, Dill, and Smith

WHEREAS, certain Capital Improvement Appropriation balances remain dedicated to projects beyond the amounts need for completion of the projects; and

WHEREAS, it is necessary to formally cancel any such unused appropriations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point that the following unexpended and dedicated balances of Capital Improvement Appropriations be and hereby are cancelled:

Ordinance Date Project Amount Cancelled

Number Authorized Description Funded / Unfunded

General Capital:

4-13 Section 3.(a) 3/14/2013 Repair piers, docks & beach -- $130,000

4-13 Section 3.(b) 3/14/2013 Repair storm piping and

tide valves -- $40,000

4-13 Section 3.(c) 3/14/2013 Repair Bay Avenue lights -- $10,000

4-13 Section 3.(d) 3/14/2013 Repair Kennedy Park -- $120,000

Sewer Capital:

14-09 Section 7.(a) 3/14/2013 Repair and replace various

sanitary sewer mains $1,548,071.76 --

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Resolution No. 232

M/S - Dill/Smith

Adopted by a unanimous vote of those present.

No. 232 of 2013

Subject: Authorizing Contract with City Clerk

Introduced By: Councilmen Dill, Smith & Tapp

Page 20

Resolution No. 232 (Continued)

WHEREAS, it is necessary for the City to approve and authorize the execution of personal services contracts on behalf of the City by an appropriate City Official; and

WHEREAS, the existing agreement between the City and the City Clerk expired at midnight, December 31, 2011; and

WHEREAS, the City Clerk and representatives of the City have negotiated a successor agreement, a copy of which is attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby authorizes and directs the Mayor to execute the successor agreement between the City of Somers Point and the City Clerk and by that act the City does hereby approve said agreement effective January 1, 2012.

***************

Waiver of 48-Hour Rule

The 48-Hour Rule was waived unanimously by those present in order to consider Resolution No. 233.

***************

Resolution No. 233

M/S - Dill/Triboletti

Adopted by a unanimous vote of those present.

No. 233 of 2013

Subject: Awarding contract for the replacement of lighting at the Babe Ruth Field project

Introduced By: Councilmen Dill, Tapp and Triboletti

WHEREAS, after twice rejecting bids because they were not reasonable as to price on the basis of cost estimates prepared prior to the advertising the Board of Recreation Commissioners recommended that the contract for the replacement of lighting at the Babe Ruth Field be awarded to Hughes Electric Co. LLC of Absecon, New Jersey in the amount of $73,197.00 under terms, conditions, restrictions and specifications that were not substantially different from those which were subject to competitive bidding and at a price that is lower than the lowest rejected price submitted by a responsible bidder on the second occasion; and

WHEREAS, in accordance with Resolution 183 of 2013 City Council awarded the contract to Hughes Electric Co. LLC of Absecon, New Jersey in the amount of $73,197; and

WHEREAS, that contract contemplated using equipment manufactured by Hubbell Lighting exclusively for the lighting fixtures; and

WHEREAS, upon further consideration the Board of Recreation Commissioners believes it is in the best interest of the City to utilize Musco Lighting products to light the Babe Ruth field because the constant illumination footcandles are guaranteed to meet or exceed the guidelines recommended by the Babe Ruth Baseball Organization; and

Page 21

Resolution No. 233 (Continued)

WHEREAS, Hughes Electric Co. LLC of Absecon, New Jersey can provide Musco Lighting to light the Babe Ruth field and an alternative manufacturer for the fixtures on the obverse of the poles and at a price that is lower than the lowest rejected price submitted by a responsible bidder on the second occasion.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point (not less than two-thirds of all members thereof affirmatively concurring) as follows:

4. The Contract for the replacement of lighting at the Babe Ruth Field is hereby awarded to Hughes Electric Co. LLC of Absecon, New Jersey in the amount of $83,000.00 to provide Musco Lighting to light the Babe Ruth field and an alternative manufacturer for the fixtures on the obverse of the poles.

5. The Mayor and City Clerk are hereby authorized and directed to enter into a formal contract with Hughes Electric Co. LLC. signing on behalf of the City.

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CONSENT AGENDA

M/S - D’Adamo/Dill

Resolutions in the Consent Agenda were adopted by a unanimous vote of those present.

No. 207 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $8,100.00 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $8,100.00 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

NJDEP Municipal Public Access Plan

Development Grant $8,100.00

pursuant to the provision of Statute; and

Page 22

Resolution No. 207 (Continued)

BE IT FURTHER RESOLVED that a like sum of $8,100.00 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

Municipal Public Access

Planning Grant $8,100.00

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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No.208 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $4,400.00 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $4,400.00 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

Drive sober year end 2012 grant $4,400.00

pursuant to the provision of Statute; and

BE IT FURTHER RESOLVED that a like sum of $4,400.00 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

Drive sober year end 2012 grant $4,400.00

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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Page 23

Consent Agenda (Continued)

No. 209 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $30,000.00 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $30,000.00 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

NJDCA Post Sandy Planning Assistance Grant $30,000.00

pursuant to the provision of Statute; and

BE IT FURTHER RESOLVED that a like sum of $30,000.00 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

Strategic Recovery Planning Grant Program $30,000.00

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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No. 210 of 2013

Subject: Taxes Cancelled and Refunded

Introduced by: Councilman Smith

WHEREAS, the property owner at 200 Pennsylvania Avenue is a 100% permanently and totally disabled veteran; and

WHEREAS, the owner has filed all of the forms and provided all the necessary documentation for tax exemption; and

Page 24

Resolution No. 210 (Continued)

WHEREAS, the owner is now entitled to total real estate tax exemption beginning on April 24, 2012; and

WHEREAS, the taxes for 2012 from April 24, 2012 to December 31, 2012 should be canceled in the amount $3,574.39 and the 2013 taxes should be canceled in the amount $5,650.85; and

WHEREAS, the owner has paid their 2012 taxes and their 2013 taxes, creating overpayments for 2012 in the amount $3,574.39 and 2013 in the amount $5,650.85;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point, that the above taxes be canceled and the tax overpayments be refunded to the property owner.

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the Tax Collector and the Finance Officer by the City Clerk.

Block Lot Qual. Owner Amount Year

1617 10.02 Thomas Palermo 9,225.24 2012

2013

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Res. 211 of 2013

Subject: Taxes Cancelled and Refunded

Introduced by: Councilman Smith

WHEREAS, the property owner at 418 Rhode Island Avenue is the widow of a 100% permanently and totally disabled veteran; and

WHEREAS, the owner has filed all of the forms and provided all the necessary documentation for tax exemption; and

WHEREAS, the owner is now entitled to total real estate tax exemption beginning on September 27, 2012; and

WHEREAS, the taxes for 2012 from September 27, 2012 to December 31, 2012 should be canceled in the amount $1,129.55 and the 2013 taxes should be canceled in the amount $4,740.55; and

WHEREAS, the owner has paid their 2012 taxes and the first three quarters of 2013 taxes, creating overpayments for 2012 in the amount $1,129.55 and 2013 in the amount $3,391.72;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Somers Point, that the above taxes be canceled and the tax overpayments be refunded to the property owner.

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the Tax Collector and the Finance Officer by the City Clerk.

Page 25

Resolution No. 211 (Continued)

Block Lot Qual. Owner Amount Year

1319 10.01 Mary A. Sparks 4,521.27 2012

2013

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No. 212 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $4,000.00 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $4,000.00 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

NJ Division of Highway Traffic Safety

Click It or Ticket 2013 Mobilization $4,000.00

pursuant to the provision of Statute; and

BE IT FURTHER RESOLVED that a like sum of $4,000.00 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

NJ DHTS Click It or Ticket 2013 Mobilization $4,000.00

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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No. 213 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

Page 26

Resolution No. 213 (Continued)

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $4,400.00 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $4,400.00 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

NJ Division of Highway Traffic Safety

Drive Sober Labor Day Crackdown 2013 $4,400.00

pursuant to the provision of Statute; and

BE IT FURTHER RESOLVED that a like sum of $4,400.00 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

NJ DHTS Drive Sober Labor Day Crackdown 2013 $4,400.00

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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No. 214 of 2013

A Resolution Opposing S2 and A1171

Sponsored by: Mayor and City Council

WHEREAS, S-2 and its companion bill A-1171 were intended to promote more effective operation of local government through the elimination or reduction of certain procedural and financial impediments which render the shared services process more onerous and costly to local governments interested in achieving a sharing of services among local units; and

WHEREAS, many of the original provisions in the bill could reduce the costs and hurdles to shared services and consolidations, produce municipal savings and promote relief for our taxpayers; and

Page 27

Resolution No. 214 (Continued)

WHEREAS, recent amendments to S-2 removed many of the labor provisions that would have given municipalities tools to implement a shared service without the time consuming hurdles that diminished those savings; and

WHEREAS, the amendments removed the suspension of Civil Service rules regarding layoff, transfer, seniority, testing, bumping rights and tenure; and

WHEREAS, the amendments would now require that any non-civil service municipality which has a shared service agreement with civil service municipality serving as the Lead Agency be brought into the civil service system, thus expanding the civil service system; and

WHEREAS, the amendments would require that municipalities entering into the shared service agreement be subject to civil service rules and collective bargaining agreements for determining which employees may remain and protects the seniority provisions removing management prerogative for retaining the best qualified and most efficient work force; and

WHEREAS, the amendments require that any contractual provision dispute be settled by mediation or, if necessary, by arbitration which will impede the process, will not result in cost savings, and will likely result in mediation and arbitration becoming the norm, thus leading to delays and added cost; and

WHEREAS, the proposed legislation allows the State's Local Unit Alignment, Reorganization and Consolidation Commission (LUARCC) to prepare and present a shared services proposal to a local governing unit or units; and

WHEREAS, if the municipal governing body(ies) or local voters reject that proposal, the bill allows the State to unilaterally act to reduce that municipality's Consolidated Municipal Property Tax Relief Aid (CMPTRA) funding in an amount equal to the amount of projected savings which would have been produced by the proposal if accepted, as determined by the State; and

WHEREAS, while the concept of encouraging municipalities to utilize the services and expertise of the LUARCC to evaluate and analyze shared services projects which may be identified by municipalities, embodying that Commission with the power to reduce State Aid for failing to pursue a program prepared and proposed by the LUARCC which had not been requested by the local governing body or bodies violates the concept of Home Rule upon which the government of this State is based; and

WHEREAS, S-2 and A-1171 are based on the assumption that municipalities do not share services, this is a misconception since shared services are not a new concept to municipalities, dating back well before the Interlocal Services Act of 1973; and

WHEREAS, S-2 and A-1171 are also based on the misconception that smaller governments are less efficient and less effective than larger ones, this is an assumption that is contrary to lessons learned from recent events in which the municipal elected officials and professionals have been very effective in pooling their resources and responding quickly; and

WHEREAS, there is no quick fix to our property tax crisis and Shared services program enhancement, consolidation or other cost saving measures are long-term actions where benefits/savings may not be seen for a number of years down the road;

Page 28

Resolution No. 214 (Continued)

NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Somers Point, in the County of Atlantic strongly opposes S-2 which had been passed in the Senate on November 29, 2012, was received in the Assembly on December 3, 2012 and referred to the Assembly Housing and Local Government Committee and its companion bill A-1171for all of the reasons set forth herein; and

BE IT FURTHER RESOLVED that S-2/A-1171 be reviewed by the Red Tape Review Commission, which has tirelessly worked to remove government hurdles, and by the Civil Service Commission before the bill proceeds to ensure that the proposed amendments do not create additional Civil Service burdens and hurdles that further impede shared services and drive up cost thus defeating the initial purpose and intent of the legislation; and

BE IT FURTHER RESOLVED that the City Clerk send certified copies of this Resolution to the Governor of the State of New Jersey, our State Legislators and to the State League of Municipalities.

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CITY OF SOMERS POINT

RESOLUTION

No. 215 of 2013

A Resolution Supporting Safe Routes to School Program

Sponsored by: Mayor and City Council

WHEREAS, there is a need to promote the health and safety of our children; and

WHEREAS, nearly one out of three children (31%) ages 10-17 are overweight or obese in New Jersey and New Jersey has the second highest rate of obesity (17.9%) for low-income children ages 2-5; and

WHEREAS, lack of physical activity has had a significant impact on children’s health and well-being, resulting in higher rates of obesity, diabetes, heart disease, and other related health concerns compared to 30 years ago; and

WHEREAS, driving children to school by private vehicle and idling in the school vicinity contributes to traffic congestion and air pollution near the school; and

WHEREAS, air pollution near schools can have adverse effects on student health, including decreased lung development, allergies and asthma, as well as on the local environment; and

WHEREAS, Congress has designated federal funding to develop the National Safe Routes to School Program to address these challenges; and

WHEREAS, bicycling and walking to school can have a positive mental and physical impact on the health of children and youth, and helps them arrive at school ready to learn; and

WHEREAS, this Governing Body and its predecessors have supported and promoted the development of bike paths within the City of Somers Point and connection to other communities, and continues to do so; and

Page 29

Resolution No. 215 (Continued)

WHEREAS, providing safer routes to and from schools aims to decrease pedestrian and bicycling related injuries, not just for students but for the entire community; and

WHEREAS, the Safe Routes to School program uses education, encouragement, infrastructure and enforcement strategies to help make walking and bicycling to school safer and more attractive to children; and

WHEREAS, a successful Safe Routes to School program involves schools, school boards, citizens and local government to collaborate to enable and encourage children, including those with disabilities, to walk and bicycle to school safely; and

WHEREAS, the Somers Point Board of Education by resolution #SP 1314 0001 has endorsed its support for the Safe Routes to School Program

Now, THEREFORE, it is hereby RESOLVED, that the Mayor and Council of the City of Somers Point hereby endorses and supports the Safe Routes to School program and are proponents of developing and maintaining safe ways to walk and bicycle to school; and

It is further RESOLVED, that the Somers Point City Clerk is requested to send a certified copy of this Resolution to David Calderetti, Safe Routes to School Coordinator, to Suzanne Keller, Somers Point Board of Education Business Administrator and Board Secretary and to Ms. Kim Gniewyk Mainland Regional High School Business Administrator and Board Secretary.

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No. 216 of 2013

Subject: Chapter 159 Resolution

Introduced By: Council President Kern

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount; and

WHEREAS, the City of Somers Point has received a grant of $7,572.09 and wishes to amend its 2013 budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Somers Point hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $7,572.09 which item is now available as a revenue from:

Miscellaneous Revenue

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services:

Public and Private Revenue Offset with Appropriations:

NJ Division of Motor Vehicles

Drunk Driving Enforcement Grant 2013 $7,572.09

pursuant to the provision of Statute; and

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Resolution No. 216 (Continued)

BE IT FURTHER RESOLVED that a like sum of $7,572.09 be and the same is hereby appropriated under the caption of:

General Appropriations

( A ) Operations - Excluded from “CAPS”

Public and Private Programs Offset by Revenues:

NJ DMV Drunk Driving Enforcement Grant 2013 $7,572.09

BE IT FURTHER RESOLVED that two ( 2 ) copies of this resolution be certified and submitted to the Director of Local Government Services for approval.

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RESOLUTION No. 217 of 2013

A RESOLUTION SUPPORTING S-1896/A-1503 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS

Sponsored by: Mayor and City Council

WHEREAS, when County Tax Board appeals are successful, the municipality must reimburse the property taxpayer 100% of the appealed tax levy, which includes the municipal, school, county and any special districts tax; and

WHEREAS, the municipal tax collector must then adjust the taxpayer’s fourth quarter tax bill, resulting in the municipality’s fund balance for the preceding year being diminished, if not completely depleted; and

WHEREAS, in recent years, municipalities have experienced a large spike in tax appeals caused by the economic down-turn, which lowered property values and placed increased stress on the income of homeowners all around our Garden State; and

WHEREAS, successful tax appeals have a four-fold negative impact on municipal budgets; first by requiring the municipality, as the collector of taxes for the School district, county and special districts, to fund the full cost of the legal defense of the assessment; and

WHEREAS, the second negative impact on municipal budgets results from State law, which guarantees to the county and the school district 100% of their levies, hence forcing the municipality to bear the full cost of any reimbursements resulting from the appeal, as well as the full burden for any uncollected taxes; and

WHEREAS, the third negative impact on municipal budgets ensues because the refunds and credits negatively impact the municipality’s tax collection rate, resulting in a State required increase in the appropriation for the Reserve for Uncollected Taxes (a non-exempt from cap budget expenditure); and

WHEREAS, fourth, the end result is a further decline in the property tax base used to support municipalities, county governments, school systems and any fire or other special purpose districts, which will necessitate tax rate increases to raise the same amount of revenue; and

WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2% cap), such declining values will compound and add additional stress to local public officials, as they grapple with the issues confronting the tax paying public.

WHEREAS, Senator Anthony R. Bucco, Assemblyman Michael Patrick Carroll and Assemblyman Anthony M. Bucco have recently introduced Senate Bill S-1896/Assembly Bill A-1503, which requires fire districts, school districts, and county governments to share in burden of property assessment appeal refunds;

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Resolution No. 217 (Continued)

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Somers Point in Atlantic County, hereby urge the swift passage and signing of S-1896/A-1503; and

BE IT FURTHER RESOLVED, that the City Clerk shall send a copy of this Resolution to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

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RESOLUTION No. 218 of 2013

A Resolution Opposing A4147

Sponsored by: Mayor and City Council

WHEREAS, A-4147 which has been designated as the Fairness in Bidding Act, would amend advertising and notice provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.); the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.); the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.); the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq.; P.L.2007, c.137 (C.52:18A-235 et al.); and P.L.1954, c.48 (C.52:34-6 et seq.); and

WHEREAS, the Public Statement accompanying the bill states, regarding the right of a contracting unit to reject bids: “These revisions would (1) limit the grounds for such rejection to those currently specified, (2) require any such rejection to be done in good faith, and (3) require a unit to state publicly its grounds for such a rejection” and

WHEREAS, insofar as it pertains to the Local Public Contracts Law, N.J.S.A. 40A:11-13.2.  sets forth the following reasons for rejection of bids:

“A contracting unit may reject all bids for any of the following reasons:

a. The lowest bid substantially exceeds the cost estimates for the goods or services;

b. The lowest bid substantially exceeds the contracting unit's appropriation for the goods or services;

c. The governing body of the contracting unit decides to abandon the project for provision or performance of the goods or services;

d. The contracting unit wants to substantially revise the specifications for the goods or services;

e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are being violated;

f. The governing body of the contracting unit decides to use the State authorized contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12).”; and

WHEREAS, A-4147 would amend N.J.S.A. 40A:11-13.2 to read (emphasis added):

“A contracting unit may reject all bids only for any of the following publicly stated bona fide reasons:

a. The lowest bid substantially exceeds the published and attested cost estimates or estimate ranges for the goods or services;

b. The lowest bid substantially exceeds the contracting unit's appropriation, if any, for the goods or services;

c. The governing body of the contracting unit decides to abandon the project for provision or performance of the goods or services;

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Resolution No. 218 (Continued)

d. The contracting unit wants to substantially revise the scope and specifications for the goods or services;

e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are being violated; and

f. The governing body of the contracting unit decides to use the State authorized contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12); and

WHEREAS, A-4147 would further amend N.J.S.A. 40A:11 to mandate that all projects in excess of $500,000 shall include the projected cost estimate ranges for the base bid contract and any specified alternate proposal, such estimate ranges having been attested to as reasonable by the individual or firm preparing the estimate ranges; the highest amount of such cost estimate range shall not be greater than five percent more than the lowest amount; such projected cost estimate ranges to be attested no more than 30 days prior to the bid advertisement date; and

WHEREAS, rather than fostering fairness in competitive bidding the amendments to the Local Public Contracts Law, the State College Contracts Law, the County College Contracts Law, and the Public School Contracts Law will have an adverse impact stifling competitive bidding by providing bidders with a range of pricing within which to submit a bid response and further unnecessarily restricting the ability of a contracting unit to reject bids

NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Somers Point, in the County of Atlantic strongly opposes A-4147 for the reasons set forth herein; and

BE IT FURTHER RESOLVED that the City Clerk shall send a copy of this Resolution to the Governor of the State of New Jersey, our State Legislators and to the State League of Municipalities.

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Old Business

After discussion of the request to vacate a portion of Maryland Avenue, it was decided that any questions could be directed to Councilman Triboletti and Councilman Dill would see if the Recreation Commission had any comments.

Administrator Swain advised that between all of the Chapter 159 resolutions on the agenda, they total almost $155,000. He stated that much of this comes through the Police Department and wanted to recognize them for that.

New Business

Councilman Dill announced that Shelby Mollenkopf in the City Clerk’s Office has passed her Registrar’s course and is now a Certified Municipal Registrar.

Raffle License applications for the Ocean City Crew Boosters, Inc. and the Rotary Club of Somers Point were approved by a unanimous vote of those present.

Discussion of Bills

The bills were presented for discussion in the amount of $466,655.06 and an additional list in the amount of $15,235.51. Councilman McGuigan advised that he will be recusing himself from voting on the payment to Porretta Builders on Page 6.

Public Portion

Mr. George Frees, 23 South Laurel Drive, came forward and addressed the governing body thanking the Mayor and Council for their work on the Home Occupation Ordinance.

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Public Portion (Continued)

Jackie Hudson came forward and addressed the governing body asking when the funds are released to the Recreation Commission which are allocated for sports. Administrator Swain explained the procedure. After discussion, Councilman Triboletti stated that the Council will contact the Recreation Commission regarding this problem.

Public portion was then closed.

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Payment of Bills

A motion was made and seconded to approve the bills in the amount of $466,655.06, as well as the additional bill list in the amount of $15,235.51. Motion carried with Councilman McGuigan recusing himself from voting on the Porretta Builders bill on page 6. A complete list of bills is on file in the Office of the City Clerk.

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Adjournment

There being no further business, meeting adjourned at 8:18 p.m.

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Carol L. Degrassi, RMC/MMC

Municipal Clerk

Approved: 12/19/13

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