VOORHEES TOWNSHIP COMMITTEE AGENDA FOR THE MEETING OF ...

[Pages:31]VOORHEES TOWNSHIP COMMITTEE AGENDA FOR THE MEETING OF TUESDAY, OCTOBER 13, 2015

CAUCUS 7:30 PM REGULAR MEETING 8:00 PM

FLAG SALUTE ROLL CALL

SUNSHINE STATEMENT

SECOND READING ON ORDINANCE AN ORDINANCE OF TOWNSHIP OF VOORHEES BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS THAT COME FROM PUPPY MILLS AND KITTEN MILLS

MOTION TO CLOSE THE PUBLIC PORTION: SECONDED: AYES: NAYS:

MOTION TO APPROVE: SECONDED: ROLL CALL: FRIEDMAN

PLATT MIGNOGNA

DiNATALE AYES

PUBLIC PORTION FOR RESOLUTIONS ONLY

MOTION TO CLOSE PUBLIC PORTION: SECONDED:

AYES: NAYS:

RESOLUTION NO. 182-15

TAX ASSESSOR

RESOLUTION NO. 183-15

AUTHORIZING THE ISSUANCE AND SALE OF SPECIAL EMERGENCY NOTES

RESOLUTION NO. 184-15

APPROVAL TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE EVESHAM ROAD SIDEWALK PROJECT PHASE 1

RESOLUTION NO. 185-15

APPROVAL TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE ECHELON ROAD RESURFACING PROJECT PHASE 1

RESOLUTION NO. 186-15

APPROVAL TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE CENTENNIAL ROAD WIDENING & BIKE LANE INSTALLATION & CR 561 BIKE PATH EXTENSION PROJECT

RESOLUTION NO. 187-15

REDUCTION #1 OF PERFORMANCE BOND FOR BRUCE PAPARONE BUILDERS, HIGHPOINT 2, BLOCK 305, LOTS 1-3 & 9-12

RESOLUTION NO. 188-15

AUTHORIZING THE SALE OF SURPLUS ITEMS

RESOLUTION NO. 189-15

APPOINTING CHARLIE RINICK AND DAVID DREXEL AS EMPOLYEES IN BUILDING MAINTENANCE

RESOLUTION NO. 190-15

APPOINTING VALERIE MARCHITTO AS RECORDS SUPPORT TECHNICIAN 2 IN THE VOORHEES TOWNSHIP POLICE DEPARTMENT

RESOLUTION NO. 191-15

ACCEPTING THE RETIREMENT OF MICHAEL MARCHITTO

RESOLUTION NO. 192-15

DESIGNATING THE HOURS OF TRICK OR TREATING

RESOLUTION NO.

EXECUTIVE SESSION

MINUTES FROM SEPTEMBER 28, 2015

BILLS POSTED FOR OCTOBER 13, 2015 TAX COLLECTOR'S REPORT FOR SEPTEMBER 2015 COURT REPORT FOR SEPTEMBER 2015 REGISTRAR'S REPORT FOR AUGUST 2015

COMMENTS FROM COMMITTEE COMMENTS FROM THE PUBLIC

PRESENTATION - SOUTH JERSEY FEDERAL CREDIT UNION TO PRESENT $3,000.00 TO VOORHEES TOWNSHIP FOR HALLOWEEN IN THE PARK

ORDINANCE NO.

AN ORDINANCE OF TOWNSHIP OF VOORHEES BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS

WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and

WHEREAS, the documented abuses endemic to puppy and kitten mills include overbreeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; and

WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and

WHEREAS, current Federal and State regulations do not adequately address the sale of puppy and kitten mill dogs and cats in pet shops; and

WHEREAS, restricting the retail sale of puppies and kittens to only those that are sourced from shelters or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations; and

WHEREAS, according to the New Jersey Department of Health 2014 Animal Intake and Disposition Survey, due in large part to pet overpopulation, more than 20,000 dogs and cats are euthanized in New Jersey animal shelters annually, including nearly 1,500 in the County of Camden. Restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely reduce pet overpopulation and thus the burden on such agencies and financial costs on local taxpayers; and

WHEREAS, across the country, thousands of independent pet shops as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and

WHEREAS, this Ordinance will not affect a consumer's ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions; and

Pet shop ordinance September 28, 2015

Page 2 of 3

WHEREAS, the Township Committee of the Township of Voorhees believes it is in the

best interests of this Municipality to adopt reasonable regulations to reduce costs to the

Municipality and its residents, protect the citizens of the Municipality who may purchase cats or

dogs from a pet shop or other business establishment, help prevent inhumane breeding

conditions, promote community awareness of animal welfare, and foster a more humane

environment in the Municipality.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Township Committee of the

Township of Voorhees, County of Camden, State of New Jersey, that Chapter 92 of the Code of the

Township of Voorhees shall hereby be supplemented and amended to include Section 92.32 "Sale

of Dogs and Cat" as follows:

Section 1: ? 92.32 Sale of Dogs and Cats

A. Definitions Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

Animal rescue organization means any not-for-profit organization which has taxexempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

Cat means a member of the species of domestic cat, Felis catus. Dog means a member of the species of domestic dog, Canis familiaris. Offer for sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat. Pet shop means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

B. Restrictions on the Sale of Animals (1) A pet shop may offer for sale only those dogs and cats that the pet shop

has obtained from or displays in cooperation with: (a) An animal care facility; or (b) An animal rescue organization. (2) A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.

C. Enforcement Enforcement authority is hereby delegated to the County of Camden, which shall enforce the terms of this Ordinance through the County Department of Health & Human Services; and

Pet shop ordinance September 28, 2015

Page 3 of 3

Section 2: All other Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

Section 3: If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such subdivision, clause or provision and the remainder of this Ordinance shall be deemed valid and effective.

Section 4: This Ordinance shall take effect immediately upon final passage and publication as required by law.

TOWNSHIP OF VOORHEES

ATTEST: ________________________________________ Dee Ober, RMC, Township Clerk

By: Michael R. Mignogna, Mayor

I, Dee Ober, Clerk of the Township of Voorhees, hereby certify the foregoing to be a true and correct copy of an Ordinance adopted by the Mayor and Township Committee at their meeting of October 13, 2015 held in the Municipal Building, 2400 Voorhees Town Center, Voorhees, New Jersey.

Dee Ober, RMC, Township Clerk

INTRODUCED: September 28, 2015 ADOPTED:

RESOLUTION NO. 182-15

WHEREAS, the following homeowners have applied for and have been approved for deductions for tax year 2015;

BLOCK/LOT/QUAL OWNER

YEAR/DEDUCTION/AMOUNT

230.23/9 200/2.338

Esperanza, Gines T. Tinkelman, Carl L.

2015/Disabled/250.00 2015/Veteran/250.00

and; WHEREAS, said deductions have been entered for tax year 2016; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township

Committee of the Township of Voorhees that the following accounts be adjusted by the Tax Collector for the amounts shown for tax year 2015 per NJSA 54:4-8.40 et seq. for Senior Citizen, Surviving Spouse or Permanently & Totally Disabled or per NJSA 54:4-8.10 et seq. for Veteran or Surviving Spouse(s) of Veteran.

DATED: OCTOBER 13, 2015 AYES: NAYS:

MOVED:

SECOND:

APPROVED: _________________________ Michael R. Mignogna, Mayor

I, Dee Ober, Clerk of the Township of Voorhees, do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by the Mayor and Township Committee, at their meeting of October 13, 2015 held in the Municipal Building, 2400 Voorhees Town Center, Voorhees, NJ.

Dee Ober, RMC Township Clerk

RESOLUTION NO. 183-15

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF VOORHEES, COUNTY OF CAMDEN, NEW JERSEY AUTHORIZING THE ISSUANCE

AND SALE OF UP TO $74,000 OF SPECIAL EMERGENCY NOTES OF THE TOWNSHIP OF VOORHEES; MAKING CERTAIN COVENANTS TO MAINTAIN THE

EXEMPTION OF THE INTEREST ON SAID NOTES FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE

THE ISSUANCE AND SALE OF THE NOTES

BACKGROUND

WHEREAS, the Local Budget Law, Chapter 169 of the Laws of the State of New Jersey, as amended and supplemented ("Local Budget Law") authorizes, inter alia, municipalities to adopt ordinances authorizing special emergency appropriations for, among other things: (i) the preparation of an approved tax map; and (ii) the preparation and execution of the revaluation of real property; and

WHEREAS, the Township Committee of the Township of Voorhees, County of Camden, New Jersey ("Township") has duly and finally adopted ordinances 187-11 and 197-11 (collectively, the "Ordinances") appropriating the sum of $370,000 to pay such costs as further described in the Ordinances (collectively, the "Project"); and

WHEREAS, Section 55 of the Local Budget Law, N.J.S.A. 40A:2-55, authorizes the Township to issue special emergency notes to finance the costs of the Project; and

WHEREAS, the Township has heretofore issued its special emergency notes in the principal amount of $148,000 to temporarily finance the costs of the Project ("Prior Note"); and

WHEREAS, the Prior Note matures on November 23, 2015; and WHEREAS, it is the desire of the Township to issue its special emergency notes in the principal amount of up to $74,000, as further described in Exhibit "A", the proceeds of which, together with other available funds in the amount of $74,000, will be used to repay the principal of the Prior Note at maturity; and WHEREAS, pursuant to the Local Budget Law and the ordinance, it is the intent of the Township Committee to hereby authorize, approve and direct the issuance and sale of such special emergency notes, to ratify and confirm certain actions heretofore taken by or on behalf of the Township, and to make certain related determinations and authorizations in connection with such issuance and sale.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF VOORHEES, COUNTY OF CAMDEN, NEW JERSEY (NOT LESS THAN TWO-THIRDS OF THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING), PURSUANT TO LOCAL BUDGET LAW, AS FOLLOWS:

Section 1. Pursuant to the Local Budget Law, the issuance of special emergency notes of the Township, to be designated, substantially, "Township of Voorhees, County of Camden, New Jersey, Special Emergency Notes of 2015, Series A" ("Notes"), in an aggregate principal amount of up to $74,000, is hereby authorized, approved, ratified and confirmed.

Section 2. The Chief Financial Officer, with the assistance of the law firm of Parker McCay P.A., Bond Counsel, is hereby authorized and directed to award and sell the Notes at a public or private sale at a price of not less than par, and to deliver the same to the purchaser thereof upon receipt of the payment of the purchase price thereof.

Section 3. At the next meeting of the Township Committee after the sale of the Notes, the Chief Financial Officer is hereby authorized and directed to report, in writing, to the Township Committee, the principal amount, rate of interest and the name of the purchaser of the Notes.

Section 4. The Notes shall be dated the date of delivery thereof and mature no later than one year from said date. The Notes will not be subject to redemption prior to maturity. The Notes may be renewed from time to time, but shall be paid and mature in accordance with the provisions of Section 55(b) of the Local Budget Law, N.J.S.A. 40A:4-55(b).

Section 5. The Notes shall be issued in bearer form in denominations of $50,000 or greater in $1,000 increments. The Notes shall be executed in the name of the Township by the manual or facsimile signatures of the Mayor and Chief Financial Officer, and shall be under the corporate seal of the Township affixed, imprinted, or reproduced thereon, and attested by the manual or facsimile signature of the Township Clerk or Deputy Township Clerk.

Section 6. The Notes are ultimately payable from ad valorem taxes that shall be levied upon all taxable real property in the Township without limitation as to rate or amount.

Section 7. The Township hereby covenants that it will not make any use of the proceeds of the Notes or do or suffer any other action that would cause: (i) the Notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Internal Revenue Code of 1986, as amended ("Code"), and the Regulations promulgated thereunder; (ii) the interest on the Notes to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the Notes to be treated as an item of tax preference under Section 57(a)(5) of the Code.

Section 8. The Township hereby covenants as follows: (i) it shall timely file, or cause to be filed, with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (ii) it shall take no action that would cause the Notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 9. The Township hereby covenants that it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions may be modified insofar as they apply to the Notes.

Section 10. The Township hereby designates the Notes as "qualified tax-exempt obligations" as defined in and for the purposes of Section 265(b)(3) of the Code. For purposes of this designation, the Township hereby represents that it reasonably anticipates that the amount of tax-exempt obligations to be issued by the Township during the period from January 1, 2015 to December 31, 2015, and the amount of obligations designated as "qualified tax-exempt

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