agenda for commission meeting - millville, nj

AGENDA FOR COMMISSION MEETINGDECEMBER 6, 2016, 6:30 P.M.

CALL TO ORDER

ROLL CALL - DECEMBER 6, 2016

Reverend Hiserote to deliver invocation, followed by the Salute to the flag.

Open Public Meetings Statement by Mayor Michael Santiago

"This meeting is being conducted in accordance with the Open Public Meetings Act of 1975, was advertised, posted, and made available to the public as required by Statute. The Municipal Clerk is directed to include a statement in the minutes of this meeting."

CITY CLERK TO REVIEW CHANGES TO THE AGENDA

MINUTESMotion to approve and dispense with the reading of the November 14, 2016 Work Session minutes, November 14, 2016 Executive Session minutes, November 14, 2016, Regular Meeting minutes, and November 28, 2016 Special Session minutes and to proceed with the

regular order of business.

BILLS

PUBLIC COMMENT ON AGENDA ITEMS ONLY

OLD BUSINESS

PETITIONS & LETTERS

Petitions & Letter Item (1)

Correspondence from Mayor Santiago reappointing W. James Parent as a member of the Millville Housing Authority with a term expiring December 31, 2021Motion-

Second-

DOC001.PDF

REPORTS OF COMMISSIONERS

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC AFFAIRS

DEPARTMENT OF REVENUE & FINANCE

Department Of Revenue And Finance Item (1)

Tax Collector's Report for the month of October 2016Motion-

Second-

TAX COLLECTOR RPT 10 - 2016.PDF

DEPARTMENT OF PARKS & PUBLIC PROPERTY

DEPARTMENT OF PUBLIC SAFETY

ORDINANCES 1ST READING

Ordinance 1st Reading Item (1)

An Ordinance amending the Municipal Code of the City of Millville, Chapter 39, Motor Vehicle and Traffic Regulations, Article X, Schedule 21, Parking Reserved for Handicapped PersonsAdd

Name of Street Sides Location

High Street East Beginning 42 feet south from

the southerly curb line of

Pine Street extending south

for a distance of 20 feet

RepealName of Street Sides Location

High Street East Beginning 130 feet south

from the southerly curb line

of Pine Street extending

south for a distance of 22

feet

Motion-Second-

ORD HC PARKING REPEAL 1 - ADD 1 ON 12- 6 -2016.PDF

Ordinance 1st Reading Item (2)Ordinance amending the salary ordinance to amend an existing title's range of compensation for the following

Title Minimum Maximum

Recreation ProgramCoordinator/PT $9.00/ph $12.36/ph

Motion-Second-

ORD - AMEND SALARYORD 12 -6 - 16 - RECREATION PROGRAM COORDINATOR PT.PDF


Ordinance authorizing the application submitted by Superior Ventures , LLC for exemption from taxation for five years of the project known as "52,000 SF Warehouse/ Office Addition" located at 92 Reese Road.

Motion - Second -

STANDARD FIVE YEAR TAX AGREEMENT - SUPERIOR VENTURES LLC (11-30 - 2016) - ATTACHMENT.PDF

ORDINANCE - SUPERIOR VENTURES LLC (11- 30 -2016).PDF

ORDINANCES 2ND READING

Ordinance 2nd Reading Item (1)

Ordinance amending the salary ordinance to reflect the creation of a new part- time title and range of compensation for the following Title Minimum Maximum

Management Information

Systems Coordinator/PT** $7,000.00 $10,000.00

Motion-

Second-

(Public Hearing)

PN MIS COORDINATOR -PT.PDF

ORD - AMEND SALARYORD12 - 6- 16.PDF

RESOLUTIONS

Resolution Item (1)

Resolution authorizing the filing of an application for a short term construction loan from the New Jersey Environmental Infrastructure Trust under the 2017 Construction Financing Program for the Millville Waste Water Treatment Plant Rehabilitation Phase II Project

Motion-Second-

RESOLUTION FILING OF APPLICATION FOR SHORT TERM CL 11 - 23- 16.PDF

Resolution Item (2)

Resolution determining the form and other details of its "Note Relating to the Construction Financing Program of the New Jersey Environmental Infrastructure Trust" to be issued in the principal amount of up to $9,822,500.00 for the Waste Water Treatment Plant

Rehabilitation Phase II ProjectMotion-

Second-

RESOLUTION - FORM AND DETAILS OF SALE 11- 23 -16.PDF

EXHIBIT A FORM OF NOTE.PDF

Resolution Item (3)

Resolution authorizing First Amendment to Professional Service Contract approved by Resolution No. R75- 2016 on February 16, 2016 with W.E. Johnson Engineering, amendment provides for an additional amount not to exceed $50,000.00 due to a number of

additional engineering issues requiring the expertise of W.E. Johnson Engineering

Motion-

Second-(Certification of Funds)

CERT OF FUNDS - JOHNSON.PDF

RES FIRST AMENDED PSC JOHNSON 12 - 6 -16.PDF1ST AMENDED PSC W E JOHNSON 12 - 6 - 16.PDF

Resolution Item (4) Resolution authorizing a First Amendment to Professional Services Contract to provide Environment Legal Consultant Services approved by Resolution No. R240- 2016 on July 19, 2016 with Franklin Riesenburger, Esquire of Flaster/Greenberg, P.C. in order to more

specifically define its scope of services, to provide for reduced fees to be charged by junior attorneys and paralegals, to clarify the terms of termination of engagement, communications, privacy and choice of law

Motion-Second-

RES RIESENBERGER 1ST AMENDMENT.PDF

RISENBURGER EXHIBIT A.PDF

RISENBURGER 1ST AMENDMENT TO PSC.PDF

Resolution Item (5)

Resolution authorizing First Amendment to Professional Service Contract, approved by Resolution No. R13 -2016 on January 5, 2016 with Comegno Law Group, P.C. (Rebecca Boudwin) to act as Special Foreclosure Counsel, amendment provides for an additional amount not to exceed $5,000.00

Motion-


RES 1ST AMENDED PCS COMEGNO LAW GROUP 12 - 6 -16.PDF

1ST AMENDED PSC COMEGNO LAW GROUP 12 - 6 -16.PDF

DOC002.PDF

Resolution Item (6)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the US Department of Justice, Bureau of Justice Assistance in the amount of $22,026.00Motion-

Second-

RES - CHAP 159 EDWARD BYRNE GRANT 12 6 16 MTG.PDF

Resolution Item (7)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the Drive Sober or Get Pulled Over-2016 Holiday Crackdown Grant in the amount of $5,000.00Motion-

Second-

RES CHPT 159 - DRIVE SOBER GET PULLED OVR.PDF

Resolution Item (8)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the NJ Department of Law Office of Highway Traffic Safety Drunk Driving Enforcement in the amount of $6,437.93Motion-

Second-

RES CHPT 159 - 2016 DDEF.PDF

Resolution Item (9)

Resolution authorizing cancellation of mortgage dated February 20, 2008 for property located at 22 Driskill St, Block 631, Lot 21A, executed by Vincent and Joanne Casbarro in the amount of $50,000.00, which has been fully satisfied

Motion-Second-

RES CASBARRO 120616.PDF

DISCHARGE OF MORTGAGE CASBARRO.PDF

Resolution Item (10)

Resolution authorizing Temporary Attachment and Holiday License Agreement between Atlantic City Electric and the City of MillvilleMotion-

Second-

RES HOLIDAY LICENSE ATLANTIC ELECTRIC 11 29 16.PDFAGREEMENT - AC ELECTRIC.PDF

Resolution Item (11) Resolution authorizing adjustments to the Tax and Utility Records

Motion-

Second-

RES TAX -UTILITY 12- 6 - 16.PDF

Resolution Item (12) Resolution authorizing Special Assessment of Municipal Liens for certain properties due to expenses incurred by the City of Millville relating to Board and Secure of Properties plus administrative fees in accordance with Chapter 11, Article VI of the Municipal Code

Motion-

Second-

RES BOARD AND SECURE - 12 -6 - 16.PDF


Resolution authorizing the Tax Collector to issue a duplicate certificate for Tax Sale Certificate No. 09- 00143 comprising of a lien on property known as Block 341, Lot 7, 314 E. Broad Street, due to the lawful owners lost the original certificateMotion-

Second-

RES DUPLICATE TAX SALE CERT 09 -00143.PDF


Resolution authorizing Water/Sewer Termination on December 19, 2016 due to failure to comply with the utility ordinance pursuant to Section 56- 18 of the Municipal CodeMotion-

Second-

RES WATER SEWER TERMINATION12 -6 - 16.PDF


Resolution authorizing Water/Sewer Termination on December 19, 2016 due to non compliance with the Municipal Code Section 56- 18 in which the water meter must be repaired or replaced and any turn on and turn off charges authorized by the Municipal Code have been paid in full

Motion-

Second-

RES TERMINATION WM12 - 6 -16.PDF


Resolution appointing the following officers and employees: Official Municipal Assessment Search Officer-

Jeanne M. Hitchner- Expiring 12- 6 - 17 Official Tax Search Officer-

Sherri Ball - Expiring 12 -6 - 17

Motion-Second-

RES - APPTMNET ASSESSMENT AND TAX SEARCH OFFICERS.PDF


Resolution authorizing transfers in the CY2016 budget appropriations

Motion-Second-

RES - TRANSFER 12 - 6- 16.PDF

Resolution Item (18)Resolution authorizing First Amendment to agreement with GPM Associates for a Federally mandated Lead and Copper Sampling Plan and Water Quality Parameter (WQP) Monitoring Plan for the City's existing water distribution system for an

amount not to exceed $14,000.00. Motion -

Second -

(Certification of Funds)

CERT OF FUNDS - GPM.PDF

RES GPM ASSOCS 12- 6 - 16.PDF

PSC GPM ASSOCIATES 12 - 6 -16.PDF


Resolution appointing Pamela Shapiro as Transitional Duty Coordinator Motion -

Second -

RES - TRANSITIONAL DUTY COORDINATOR PAM SHAPIRO.PDF


Resolution appointing Regina Burke as Fund Commissioner

Motion - Second -

RES - JIF FUND COMMISSIONER REGINA BURKE.PDF

NEW BUSINESS

New Business (1)

Motion to authorize the following Raffle License:

Raffle Licensea)On behalf of The Parish of All Saints, for Pull Tabs to be held at St. John Bosco, 2 Hillcrest Ave., on January 1, 2017 to December 31, 2017 from 5:00 pm to 10 pm.

b)On behalf of Millville B.P.O.E. #580, Millville Elk's Lodge to amend Raffle License #1093, removing dates May 27, 2016, June 24, 2016, July 29, 2016, August 26, 2016, September 30, 2016, October 28, 2016, November 25, 2016 and December 30, 2016.

Motion:

Second:

PUBLIC COMMENT PORTION

"We have now reached the public comment portion of our meeting. Anyone who would like to address the Commission, please go to the podium, state your name and address your concerns. Please limit your comments to approximately 5 minutes."

Open Public Portion

Close Public Portion

Comments by Commissioners

Adjourn

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3.

4.

5.

6.

7.

8.

8.I.

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10.

11.

12.

12.I.

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15.

15.I.

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15.II.

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15.III.

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16.I.

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17.I.

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17.II.

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17.VI.

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17.VII.

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17.VIII.

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17.X.

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17.XI.

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17.XII.

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17.XVII.

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17.XVIII.

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17.XIX.

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17.XX.

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18.

18.I.

19.

AGENDA FOR COMMISSION MEETINGDECEMBER 6, 2016, 6:30 P.M.

CALL TO ORDER

ROLL CALL - DECEMBER 6, 2016

Reverend Hiserote to deliver invocation, followed by the Salute to the flag.

Open Public Meetings Statement by Mayor Michael Santiago

"This meeting is being conducted in accordance with the Open Public Meetings Act of 1975, was advertised, posted, and made available to the public as required by Statute. The Municipal Clerk is directed to include a statement in the minutes of this meeting."

CITY CLERK TO REVIEW CHANGES TO THE AGENDA

MINUTESMotion to approve and dispense with the reading of the November 14, 2016 Work Session minutes, November 14, 2016 Executive Session minutes, November 14, 2016, Regular Meeting minutes, and November 28, 2016 Special Session minutes and to proceed with the

regular order of business.

BILLS

PUBLIC COMMENT ON AGENDA ITEMS ONLY

OLD BUSINESS

PETITIONS & LETTERS

Petitions & Letter Item (1)

Correspondence from Mayor Santiago reappointing W. James Parent as a member of the Millville Housing Authority with a term expiring December 31, 2021Motion-

Second-

DOC001.PDF

REPORTS OF COMMISSIONERS

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC AFFAIRS

DEPARTMENT OF REVENUE & FINANCE

Department Of Revenue And Finance Item (1)

Tax Collector's Report for the month of October 2016Motion-

Second-

TAX COLLECTOR RPT 10 - 2016.PDF

DEPARTMENT OF PARKS & PUBLIC PROPERTY

DEPARTMENT OF PUBLIC SAFETY

ORDINANCES 1ST READING


An Ordinance amending the Municipal Code of the City of Millville, Chapter 39, Motor Vehicle and Traffic Regulations, Article X, Schedule 21, Parking Reserved for Handicapped PersonsAdd

Name of Street Sides Location

High Street East Beginning 42 feet south from

the southerly curb line of

Pine Street extending south

for a distance of 20 feet

RepealName of Street Sides Location

High Street East Beginning 130 feet south

from the southerly curb line

of Pine Street extending

south for a distance of 22

feet

Motion-Second-

ORD HC PARKING REPEAL 1 - ADD 1 ON 12- 6 -2016.PDF

Ordinance 1st Reading Item (2)Ordinance amending the salary ordinance to amend an existing title's range of compensation for the following

Title Minimum Maximum

Recreation ProgramCoordinator/PT $9.00/ph $12.36/ph

Motion-Second-

ORD - AMEND SALARYORD 12 -6 - 16 - RECREATION PROGRAM COORDINATOR PT.PDF


Ordinance authorizing the application submitted by Superior Ventures , LLC for exemption from taxation for five years of the project known as "52,000 SF Warehouse/ Office Addition" located at 92 Reese Road.

Motion - Second -

STANDARD FIVE YEAR TAX AGREEMENT - SUPERIOR VENTURES LLC (11-30 - 2016) - ATTACHMENT.PDF

ORDINANCE - SUPERIOR VENTURES LLC (11- 30 -2016).PDF

ORDINANCES 2ND READING

Ordinance 2nd Reading Item (1)

Ordinance amending the salary ordinance to reflect the creation of a new part- time title and range of compensation for the following Title Minimum Maximum

Management Information

Systems Coordinator/PT** $7,000.00 $10,000.00

Motion-

Second-

(Public Hearing)

PN MIS COORDINATOR -PT.PDF

ORD - AMEND SALARYORD12 - 6- 16.PDF

RESOLUTIONS

Resolution Item (1)

Resolution authorizing the filing of an application for a short term construction loan from the New Jersey Environmental Infrastructure Trust under the 2017 Construction Financing Program for the Millville Waste Water Treatment Plant Rehabilitation Phase II Project

Motion-Second-

RESOLUTION FILING OF APPLICATION FOR SHORT TERM CL 11 - 23- 16.PDF

Resolution Item (2)

Resolution determining the form and other details of its "Note Relating to the Construction Financing Program of the New Jersey Environmental Infrastructure Trust" to be issued in the principal amount of up to $9,822,500.00 for the Waste Water Treatment Plant

Rehabilitation Phase II ProjectMotion-

Second-

RESOLUTION - FORM AND DETAILS OF SALE 11- 23 -16.PDF

EXHIBIT A FORM OF NOTE.PDF

Resolution Item (3)

Resolution authorizing First Amendment to Professional Service Contract approved by Resolution No. R75- 2016 on February 16, 2016 with W.E. Johnson Engineering, amendment provides for an additional amount not to exceed $50,000.00 due to a number of

additional engineering issues requiring the expertise of W.E. Johnson Engineering

Motion-


CERT OF FUNDS - JOHNSON.PDF

RES FIRST AMENDED PSC JOHNSON 12 - 6 -16.PDF1ST AMENDED PSC W E JOHNSON 12 - 6 - 16.PDF

Resolution Item (4) Resolution authorizing a First Amendment to Professional Services Contract to provide Environment Legal Consultant Services approved by Resolution No. R240- 2016 on July 19, 2016 with Franklin Riesenburger, Esquire of Flaster/Greenberg, P.C. in order to more

specifically define its scope of services, to provide for reduced fees to be charged by junior attorneys and paralegals, to clarify the terms of termination of engagement, communications, privacy and choice of law

Motion-Second-

RES RIESENBERGER 1ST AMENDMENT.PDF

RISENBURGER EXHIBIT A.PDF

RISENBURGER 1ST AMENDMENT TO PSC.PDF

Resolution Item (5)

Resolution authorizing First Amendment to Professional Service Contract, approved by Resolution No. R13 -2016 on January 5, 2016 with Comegno Law Group, P.C. (Rebecca Boudwin) to act as Special Foreclosure Counsel, amendment provides for an additional amount not to exceed $5,000.00

Motion-


RES 1ST AMENDED PCS COMEGNO LAW GROUP 12 - 6 -16.PDF

1ST AMENDED PSC COMEGNO LAW GROUP 12 - 6 -16.PDF

DOC002.PDF

Resolution Item (6)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the US Department of Justice, Bureau of Justice Assistance in the amount of $22,026.00Motion-

Second-

RES - CHAP 159 EDWARD BYRNE GRANT 12 6 16 MTG.PDF

Resolution Item (7)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the Drive Sober or Get Pulled Over-2016 Holiday Crackdown Grant in the amount of $5,000.00Motion-

Second-

RES CHPT 159 - DRIVE SOBER GET PULLED OVR.PDF

Resolution Item (8)

Resolution authorizing the insertion of an additional item of revenue in the CY 2016 Budget which is now available as revenue from the NJ Department of Law Office of Highway Traffic Safety Drunk Driving Enforcement in the amount of $6,437.93Motion-

Second-

RES CHPT 159 - 2016 DDEF.PDF

Resolution Item (9)

Resolution authorizing cancellation of mortgage dated February 20, 2008 for property located at 22 Driskill St, Block 631, Lot 21A, executed by Vincent and Joanne Casbarro in the amount of $50,000.00, which has been fully satisfied

Motion-Second-

RES CASBARRO 120616.PDF

DISCHARGE OF MORTGAGE CASBARRO.PDF


Resolution authorizing Temporary Attachment and Holiday License Agreement between Atlantic City Electric and the City of MillvilleMotion-

Second-

RES HOLIDAY LICENSE ATLANTIC ELECTRIC 11 29 16.PDFAGREEMENT - AC ELECTRIC.PDF

Resolution Item (11) Resolution authorizing adjustments to the Tax and Utility Records

Motion-

Second-

RES TAX -UTILITY 12- 6 - 16.PDF

Resolution Item (12) Resolution authorizing Special Assessment of Municipal Liens for certain properties due to expenses incurred by the City of Millville relating to Board and Secure of Properties plus administrative fees in accordance with Chapter 11, Article VI of the Municipal Code

Motion-

Second-

RES BOARD AND SECURE - 12 -6 - 16.PDF


Resolution authorizing the Tax Collector to issue a duplicate certificate for Tax Sale Certificate No. 09- 00143 comprising of a lien on property known as Block 341, Lot 7, 314 E. Broad Street, due to the lawful owners lost the original certificateMotion-

Second-

RES DUPLICATE TAX SALE CERT 09 -00143.PDF


Resolution authorizing Water/Sewer Termination on December 19, 2016 due to failure to comply with the utility ordinance pursuant to Section 56- 18 of the Municipal CodeMotion-

Second-

RES WATER SEWER TERMINATION12 -6 - 16.PDF


Resolution authorizing Water/Sewer Termination on December 19, 2016 due to non compliance with the Municipal Code Section 56- 18 in which the water meter must be repaired or replaced and any turn on and turn off charges authorized by the Municipal Code have been paid in full

Motion-

Second-

RES TERMINATION WM12 - 6 -16.PDF


Resolution appointing the following officers and employees: Official Municipal Assessment Search Officer-

Jeanne M. Hitchner- Expiring 12- 6 - 17 Official Tax Search Officer-

Sherri Ball - Expiring 12 -6 - 17

Motion-Second-

RES - APPTMNET ASSESSMENT AND TAX SEARCH OFFICERS.PDF


Resolution authorizing transfers in the CY2016 budget appropriations

Motion-Second-

RES - TRANSFER 12 - 6- 16.PDF

Resolution Item (18)Resolution authorizing First Amendment to agreement with GPM Associates for a Federally mandated Lead and Copper Sampling Plan and Water Quality Parameter (WQP) Monitoring Plan for the City's existing water distribution system for an

amount not to exceed $14,000.00. Motion -

Second -

(Certification of Funds)

CERT OF FUNDS - GPM.PDF

RES GPM ASSOCS 12- 6 - 16.PDF

PSC GPM ASSOCIATES 12 - 6 -16.PDF


Resolution appointing Pamela Shapiro as Transitional Duty Coordinator Motion -

Second -

RES - TRANSITIONAL DUTY COORDINATOR PAM SHAPIRO.PDF


Resolution appointing Regina Burke as Fund Commissioner

Motion - Second -

RES - JIF FUND COMMISSIONER REGINA BURKE.PDF

NEW BUSINESS

New Business (1)

Motion to authorize the following Raffle License:

Raffle Licensea)On behalf of The Parish of All Saints, for Pull Tabs to be held at St. John Bosco, 2 Hillcrest Ave., on January 1, 2017 to December 31, 2017 from 5:00 pm to 10 pm.

b)On behalf of Millville B.P.O.E. #580, Millville Elk's Lodge to amend Raffle License #1093, removing dates May 27, 2016, June 24, 2016, July 29, 2016, August 26, 2016, September 30, 2016, October 28, 2016, November 25, 2016 and December 30, 2016.

Motion:

Second:

PUBLIC COMMENT PORTION

"We have now reached the public comment portion of our meeting. Anyone who would like to address the Commission, please go to the podium, state your name and address your concerns. Please limit your comments to approximately 5 minutes."

Open Public Portion

Close Public Portion

Comments by Commissioners

Adjourn

1.

2.

3.

4.

5.

6.

7.

8.

8.I.

Documents:

9.

10.

11.

12.

12.I.

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15.

15.I.

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16.I.

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17.I.

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17.II.

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17.VI.

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17.VII.

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17.VIII.

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17.IX.

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17.X.

Documents:

17.XI.

Documents:

17.XII.

Documents:

17.XIII.

Documents:

17.XIV.

Documents:

17.XV.

Documents:

17.XVI.

Documents:

17.XVII.

Documents:

17.XVIII.

Documents:

17.XIX.

Documents:

17.XX.

Documents:

18.

18.I.

19.

http://www.millvillenj.gov/4d64a618-c43b-4973-b0e7-fe4444450bb2

Ordinance No.

An Ordinance Amending the Municipal Code of the City of Millville: Be it ordained by the Governing Bodyof the City of Millville in the County of Cumberland asfollows:

CHAPTER 39MOTOR VEHICLE AND TRAFFIC REGULATIONS

ARTICLE XSchedule 21

Parking Reserved for Handicapped Persons

AddName of Street Sides Location High Street East Beginning 42 feet south from

the southerly curb line ofPine Street extending southfor a distance of 20 feet

RepealName of Street Sides Location High Street East Beginning 130 feet south

from the southerly curb lineof Pine Street extendingsouth for a distance of 22feet

Upon adoption, this Ordinance shall take effect20 days from final publication as required by law.

Moved By:

Seconded By:

VOTINGMichael SantiagoLynne Porreca CompariDavid W. EnnisJoseph SooyWilliam Davis

In Favor Against Abstain Absent

CERTIFICATION

I hereby certify that the foregoing is a true copy of Ordinance adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held _________________.

_______________________________Jeanne M. Hitchner, City Clerk

Ordinance No. _______

WHEREAS Section 2-69 of the Municipal Code requires thatthe currently effective ordinances fixing the salaries and rates ofcompensation of officers and employees of the municipality shall bekept on file in the office of the City Clerk; and

WHEREAS, the governing body of the municipality desires toamend the salary ordinance to amend an existing title’s range ofcompensation for the following:

Title Minimum MaximumRecreation ProgramCoordinator/PT $9.00/ph $12.36/ph

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNINGBODY OF THE CITY OF MILLVILLE AS FOLLOWS:

1. The salary ordinance is hereby amended to reflect the change inthe salary range of compensation.

2. A copy of the ordinance shall be kept on file in the office of theCity Clerk.

3. This amendment to the salary ordinance shall be effective uponfinal approval and 20 days after publication, as required by law.

Moved By:Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Ordinance adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held ______________.

_________________________Jeanne M. Hitchner, City Clerk

STANDARD FIVE YEARTAX AGREEMENT

This Agreement made this ______ day of _________________,20_____ by and between the City of Millville, a municipal corporation of the State of New Jersey, located in the County of Cumberland having its principal office at 12 South High Street, Millville, New Jersey 08332, hereinafter referred to as municipality and Superior Ventures LLC, hereinafter referred to as applicant or property owner.

RECITALS

WHEREAS, Article 1 of Chapter 65 of the Municipal Code titled Taxation authorizes five year exemptions and abatements from taxation for projects located within a area in need of rehabilitation that would qualify for exemption or abatement from taxation pursuant to the aforesaidArticle; and

WHEREAS, the applicant has constructed a project on land that is located within a area in need of rehabilitation which project is eligible for exemption or abatement from taxation pursuant to the aforesaid Article; and

WHEREAS, the applicant has filed an application for exemption orabatement from taxation with the assessor of the municipality in a timely manner setting forth the information required by the aforesaid Article, and the assessor has determined that the application is complete; and

WHEREAS, the governing body of the municipality has reviewed and evaluated the application, and it has made the following findings and determinations in connection with the application:

1. The project is a commercial or industrial project which is eligible for exemption or abatement from taxation pursuant to the aforesaid Article.

2. The project will maintain or provide gainful employment withinthe municipality.

3. The project will assist in the economic development of the municipality.

4. The project will maintain or increase the tax ratable base of the municipality.

5. The project will maintain or diversify and expand commerce within the municipality.

6. The economic benefits derived from the project outweigh any negative effects associated with granting the exemption or abatement fromtaxation.

Northeast Precast

WHEREAS, the governing body of the municipality approved the application submitted by the applicant and this tax agreement by the adoption of Ordinance No. __________________ .

NOW THEREFORE in consideration of the mutual covenants contained herein, and for good and valuable consideration, it is mutually agreed as follows:

ARTICLE 1LAND ASSESSMENT

The land which is not eligible for exemption or abatement from taxation shall be fully assessed in accordance with the requirements imposed by the applicable state law.

ARTICLE 2PARTIAL YEAR ASSESSMENT

The improvements which are eligible for exemption or abatement from taxation shall be assessed for the portion of the calendar year from the date of completion to the end of the calendar year in accordance with the requirements imposed by the applicable state law.

ARTICLE 3FORMULA FOR COMPUTATION OF

PAYMENTS IN LIEU OF FULLPROPERTY TAX

In connection with the improvements which are eligible for exemption or abatement from taxation, the applicant shall pay to the municipality, in lieu of full property tax payments an amount annually based on the tax phase-in approach, which shall be in an amount equal to apercentage of the taxes otherwise due according to the following schedule:

A. In the first full year after completion, no payment in lieu of taxes otherwise due.

B. In the second full year after completion, an amount not less than 20% of the taxes otherwise due.

C. In the third full year after completion, an amount not less than 40% of the taxes otherwise due.

D. In the fourth full year after completion, an amount not less than60% of the taxes otherwise due.

E. In the fifth full year after completion, an amount not less than 80% of taxes otherwise due.

ARTICLE 4DURATION OF TAX AGREEMENT

A. This tax agreement shall be in effect for no more than the five full calendar years next following the date of completion of the project.

B. The project shall be subject to all applicable federal, state and local laws and regulations on pollution control, workers safety, discrimination in employment, zoning, planning, and building code requirements.

ARTICLE 5

TERMINATION OF TAX AGREEMENT

A. The tax agreement shall be terminated if any one of the following events occurs: (1) the property owner ceases to operate; (2) the property owner disposes of the property; (3) the property owner fails to meet the conditions for qualifying for the exemption or abatement. However, with respect to the disposal of the property, the tax agreement shall remain in effect where the assessor determines that the new owner of the property will continue to use the property pursuant to the conditions which qualified the property for the exemption or abatement from taxation.

B. The governing body of the municipality has relied upon the truth of the statements contained in the application for exemption or abatement from taxation. The tax agreement shall be terminated if the application contains any misrepresentation of a material fact.

C. The tax agreement shall be terminated if the property owner is more than thirty (30) days delinquent in the payment of the property taxes or the payment in lieu of taxes on the subject property.

D. The tax agreement shall be terminated if the property owner fails to file the annual certification with the assessor on or before December 1st of each calendar year during the term of this agreement. A copy of the annual certification is attached to this agreement.

E If the tax agreement is terminated for cause during any tax year prior to the normal expiration of the tax agreement, then the tax which would have otherwise been payable for each tax year shall become due and payable from the property owner as if no exemption or abatement had been granted. The assessor of the municipality shall notify the property owner and the tax collector forthwith. The tax collector shall notify the property owner of the amount of the taxes due within fifteen (15) days from receipt of the notice from the assessor.

F. A project shall be subject to all applicable real property taxes asprovided by state law and regulation and local ordinance after the normal expiration of the tax agreement.

ARTICLE 6GENERAL PROVISIONS

A. Applicable Law and Venue. This agreement shall be governed, interpreted and enforced in accordance with the laws of the State of New Jersey without regard to conflicts of laws principles. The parties agree that any and all legal actions relating to any dispute, enforcement or other matter to be decided between them, arising out of this agreement, or the subject matter hereof, shall be brought in the New Jersey Tax Court with the venue being Cumberland County, New Jersey.

B. Compliance with Law. The property owner shall comply withall applicable federal, state and local laws during the performance of this agreement. Specifically, this agreement is subject to the Five Year Exemption and Abatement Law (NJSA 40A:21-1 et seq.) and Article 1 of Chapter 65 of the Municipal Code of the City of Millville.

C. Exhibits. The following exhibits are attached hereto and incorporated in this agreement as if the same were set forth with particularity: Exhibit A-application with attachments; Exhibit B–ordinance approving application and tax agreement.

D. Inspections. The property owner shall permit the inspection ofits property, buildings, equipment, and other facilities of the improvements

by the assessor of the municipality or other duly authorized representativesof the municipality. Such inspections shall be made during regular business hours in the presence of an officer or agent of the property owner.To the extent reasonably practical, the inspection shall not materially interfere with the operation of the improvements.

E. Oral Representations. There have been no oral representations made by either of the parties hereto which are not contained in application, tax agreement, and ordinance approving the application and tax agreement.

F. Entire Agreement. This agreement, the application, and the ordinance approving the application and agreement constitute the entire agreement between the parties.

G. Reporting Requirement. The City Clerk shall forward a copyof this tax agreement to the Director of the Division of Local Government Services in the Department of Community Affairs within thirty (30) days after the execution of the agreement.

IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.

CITY OF MILLVILLE

__________________________ Michael Santiago, Mayor

ATTEST:

___________________________Jeanne M. Hitchner, City Clerk

Applicant/Property Owner

WITNESS:

____________________________

ORDINANCE NO.

WHEREAS, Article I of Chapter 65 of the Municipal Code titled Taxation authorizes five year exemptions and abatements from taxation for projects located within an area in need of rehabilitation that would qualify for exemption or abatement from taxation pursuant to the aforesaidArticle; and

WHEREAS, Superior Ventures, LLC (applicant) has constructed a project on land that is located within an area in need of rehabilitation which project is eligible for exemption or abatement fromtaxation pursuant to the aforesaid Article; and

WHEREAS, the applicant has filed an application for exemption or abatement from taxation with the assessor of the municipality in a timely manner setting forth the information required by the aforesaid Article, and the assessor has determined that the application is complete; and

WHEREAS, the governing body of the municipality has reviewedand evaluated the application, and it has made the following findings and determinations in connection with the application.

A. The project is a commercial or industrial project which is eligible for exemption or abatement from taxation pursuant to the aforesaid Article.

B. The project will maintain or provide gainful employment within the municipality for 55 Full Time new employee(s).

C. The project will assist in the economic development of the municipality.

D. The project will maintain or increase the tax ratable base of the municipality.

E. The project will maintain or diversify and expand commerce within the municipality.

F. The economic benefits derived from the project outweigh any negative effects associated with granting the exemption or abatement from taxation.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MILLVILLE AS FOLLOWS:

1. The application submitted by the applicant for the exemption from taxation of the project known as 52,000 SF Warehouse/Office Addition, located at 92 Reese Road is hereby approved.

2. The Five Year Tax Agreement setting forth the terms and conditions forthe exemption from taxation including the formula for the computation of payments in lieu of full property taxation is hereby approved.

3. The Mayor and City Clerk are hereby authorized to execute the Five Year Tax Agreement.

4. The City Clerk shall forward a copy of the Five Year Tax Agreement to the Director of the Division of Local Government Services in the Department of Community Affairs within 30 days after the execution of the Agreement.

5. A copy of the Tax Agreement shall be maintained in the office of the Tax Assessor and in the office of the Tax Collector to insure compliance with all of the terms and conditions set forth in the Tax Agreement.




CERTIFICATION

I hereby certify that the foregoing is a true copy of Ordinance adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held December 6, 2016.

__ ___Jeanne M. Hitchner, City Clerk

Ordinance No. _______

WHEREAS Section 2-69 of the Municipal Code requires thatthe currently effective ordinances fixing the salaries and rates ofcompensation of officers and employees of the municipality shall bekept on file in the office of the City Clerk; and

WHEREAS, the governing body of the municipality desires toamend the salary ordinance to reflect the creation of a new part-timetitle and range of compensation for the following:

Title Minimum MaximumManagement InformationSystems Coordinator/PT** $7,000.00 $10,000.00

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNINGBODY OF THE CITY OF MILLVILLE AS FOLLOWS:

1. The salary ordinance is hereby amended to reflect the creationof a new title and salary range of compensation.

2. A copy of the ordinance shall be kept on file in the office of theCity Clerk.

3. This amendment to the salary ordinance shall be effective afterfinal approval and publication as required by law.




CERTIFICATION

I hereby certify that the foregoing is a true copy of Ordinance adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held December 6, 2016.


RESOLUTION NO. 2016-

A RESOLUTION OF THE CITY OF MILLVILLE,COUNTY OF CUMBERLAND, STATE OF NEWJERSEY, AUTHORIZING THE FILING OF ANAPPLICATION FOR A SHORT TERMCONSTRUCTION LOAN FROM THE NEW JERSEYENVIRONMENTAL INFRASTRUCTURE TRUSTUNDER THE 2017 CONSTRUCTION FINANCINGPROGRAM FOR THE MILLVILLE WASTE WATERTREATMENT PLANT REHABILITATION PHASE IIPROJECT

Applicant: CITY OF MILLVILLE, COUNTY OFCUMBERLAND

Loan Number: S340921-07

WHEREAS, in accordance with the provisions of BondOrdinance No. 39-2012 (“Ordinance 39”), the City of Millville, in theCounty of Cumberland, State of New Jersey (the “City”) filed anapplication with the New Jersey Department of EnvironmentalProtection (“DEP”) and the New Jersey EnvironmentalInfrastructure Trust (the “Trust”) for the financing of a clean waterproject involving Phase II of the rehabilitation and upgrading of theMillville Waste Water Treatment Plant (the “WWTP Project”) underthe New Jersey Environmental Infrastructure Trust FinancingProgram (the “NJEIF Program”); and

WHEREAS, the City desires to temporarily finance theWWTP Project prior to the closing of a permanent loan under theNJEIF Program with the proceeds of a short-term construction loanin an aggregate principal amount of up to Nine Million EightHundred Twenty-Two Thousand Five Hundred Dollars($9,822,500) to be made by the Trust (the “Construction Loan”) tothe City pursuant to the New Jersey Environmental InfrastructureTrust Construction Financing Program (the “ConstructionFinancing Program”);

WHEREAS, the Authority intends to issue to the Trust itsgeneral obligation bonds or notes in a maximum aggregateprincipal amount of Nine Million Eight Hundred Twenty-TwoThousand Five Hundred Dollars ($9,822,500), which amount shallbe sufficient to pay the costs of the WWTP Project, includingengineering, legal and the other soft costs associated with theissuance of such notes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOMMISSION OF THE CITY OF MILLVILLE AS FOLLOWS:

Section 1. That the City, by and through its AuthorizedRepresentatives (as hereinafter specified), is hereby authorized tofile an application for the Construction Loan and to execute anddeliver all additional certifications, instruments, notes and otherdocuments as may be required in connection with the ConstructionFinancing Program for the WWTP Project, including withoutlimitation a negotiable note of the Authority to be issued to theTrust in an aggregate principal amount of up to Nine Million EightHundred Twenty-Two Thousand Five Hundred Dollars($9,822,500). The terms of the Note shall be as set forth in asubsequent resolution or resolutions of the City.

Section 2. That the Mayor, Chief Financial Officer andCity Clerk are each hereby authorized to act as the AuthorizedRepresentatives to represent the City in all matters relating to theConstruction Loan for the WWTP Project. The AuthorizedRepresentatives may be contacted at the Millville MunicipalBuilding, 12 South High Street, Millville, New Jersey 08232, PhoneNo. (856) 825-7000.

Section 3. This Resolution shall take effect immediately.

Moved By:

Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held _______________.

____________________________________

Jeanne Hitchner, City Clerk

RESOLUTION NO. 2016-___ RESOLUTION OF THE CITY OF MILLVILLE, IN THE COUNTY OF CUMBERLAND, NEW JERSEY, DETERMINING THE FORM AND OTHER DETAILS OF ITS “NOTE RELATING TO THE CONSTRUCTION FINANCING PROGRAM OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST”, TO BE ISSUED IN THE PRINCIPAL AMOUNT OF UP TO $9,822,500, AND PROVIDING FOR THE ISSUANCE AND SALE OF SUCH NOTE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH NOTE BY THE CITY OF MILLVILLE IN FAVOR OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, ALL PURSUANT TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST CONSTRUCTION FINANCING LOAN PROGRAM FOR THE WASTE WATER TREATMENT PLANT REHABILITATION PHASE II PROJECT

WHEREAS, in accordance with the provisions of Bond Ordinance No. 39-2012, adopted on December 18, 2012, the City of Millville, in the County of Cumberland, State of New Jersey (the “City”) authorized the filing of an application with the New Jersey Department of Environmental Protection (“DEP”) and the New Jersey Environmental Infrastructure Trust (the “Trust”) for the financing of a clean water project involving the rehabilitation and improvement of the City’s Waste Water Treatment Plant, Phase II (the “WWTP Project”) under the New Jersey Environmental Infrastructure Trust Financing Program; and WHEREAS, the City desires to temporarily finance the WWTP Project with the proceeds of a short-term construction loan in an aggregate principal amount of up to $9,822,500 to be made by the Trust (the “Construction Loan”) to the City pursuant to the New Jersey Environmental Infrastructure Trust Construction Financing Program (the “Construction Financing Program”); and

WHEREAS, to (i) evidence and secure the repayment obligation of the City to the Trust with respect to the Construction Loan and (ii) satisfy the requirements of the Construction Financing Program, it is the desire of the City to issue and sell to the Trust the “Note Relating to the Construction Financing Program of the New Jersey Environmental Infrastructure Trust” in an aggregate principal amount of up to $9,822,500 (the “Note”); and WHEREAS, it is the desire of the City to authorize, execute, attest and deliver the Note to the Trust pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the “Local Bond Law”), and other applicable law; and WHEREAS, Section 28 of the Local Bond Law allows for the sale of the Note to the Trust, without any public offering, and N.J.S.A. 58:11B-9 allows for the sale of the Note to the Trust without any public offering, all under the terms and conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED by the governing body of the City as follows:

Section 1. In accordance with Section 28 of the Local Bond

Law and N.J.S.A. 58:11B-9, the City hereby authorizes the issuance, sale and award of the Note in accordance with the provisions hereof. The obligation represented by the Note has been appropriated and authorized by Bond Ordinance No. 39-2012 of the Borrower finally adopted on December 18, 2012, entitled “Bond Ordinance to Authorize Capital Expenditures for Upgrades to the Municipal Sewer Utility, To Appropriate the Sum of $9,822,500.00 to Pay the Cost Thereof, to Authorize the Issuance of Bonds to Finance the Appropriation, and to Provide for the Issuances of Bond Anticipation Notes in Anticipation of the Issuance of Bonds” and by a Resolution of the City adopted on December 6, 2016, entitled “A RESOLUTION OF THE CITY OF MILLVILLE, COUNTY OF CUMBERLAND, STATE OF NEW JERSEY, AUTHORIZING THE FILING OF AN APPLICATION FOR A SHORT TERM CONSTRUCTION LOAN FROM THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST UNDER THE 2017 CONSTRUCTION FINANCING PROGRAM FOR THE MILLVILLE WASTE WATER TREATMENT PLANT REHABILITATION PHASE II PROJECT”, at which meetings a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law. Section 2. The Mayor, City Clerk or Chief Financial Officer of the City (the “Authorized Officers”) are hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions hereof, (i) the final principal amount of the Note (subject to the maximum limitation set forth in Section 4(a) hereof), and (ii) the dated date of the Note. Section 3. Any determination made by the Authorized Officers pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Note by the parties authorized pursuant to Section 4(h) hereof. Section 4. The City hereby determines that certain terms of the Note shall be as follows:

(a) the principal amount of the Note to be issued shall be an amount up to $9,822,500;

(b) the maturity of the Note shall be determined by the Trust;

(c) the interest rate of the Note shall be determined by the Trust;

(d) the purchase price for the Note shall be par; (e) the Note shall be subject to prepayment prior to its

stated maturity in accordance with the terms and conditions of the Note;

(f) the Note shall be issued in a single denomination and shall be numbered “CFP-__-___”;

(g) the Note shall be issued in fully registered form and shall be payable to the registered owner thereof as to both principal and interest in lawful money of the United States of America; and

(h) the Note shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the City Clerk.

Section 5. The Note shall be substantially in the form attached hereto as Exhibit A and shall be subject to such revisions as may be approved by the Authorized Officers.

Section 6. The law firm of Fleishman Daniels Law Offices, LLC, is hereby authorized to arrange for the printing of the Note, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust for the Construction Financing Program, to arrange for same.

Section 7. The Authorized Officers of the City are hereby further severally authorized to (i) execute and deliver, and the City Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the City to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers of the City after consultation with counsel and any advisors to the City and after further consultation with the Trust and its representatives, agents, counsel and advisors, to be executed in connection the issuance and sale of the Note and the participation of the City in the Construction Financing Program, which determination shall be conclusively evidenced by the execution of each such certificate or other document by the party authorized hereunder to execute such certificate or other document, and (ii) perform such other actions as the Authorized Officers deem necessary, desirable or convenient in relation to the execution and delivery of the Note and the participation of the City in the Construction Financing Program. Section 8. This Resolution shall take effect immediately.

Section 9. Upon the adoption hereof, the City Clerk shall forward certified copies of this Resolution to Fleishman Daniels Law Offices, LLC, bond counsel to the City, David Zimmer, Executive Director of the Trust, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust. Moved By:

Seconded By:

VOTING

Michael Santiago

Lynne Porreca Compari

David W. Ennis

Joseph Sooy

William Davis


CERTIFICATION

I hereby certify that the foregoing is a true copy of

Resolution adopted by the Board of Commissioners of the City

of Millville, in the County of Cumberland, at a meeting

thereof held _______________.

_____________________________________

Jeanne M. Hitchner, City Clerk

EXHIBIT A

FORM OF NOTEDO NOT EXECUTE

CITY OF MILLVILLE (CUMBERLAND COUNTY)NOTE

RELATING TO:THE CONSTRUCTION FINANCING PROGRAM

OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST

$__________________ ____________________, 201_CFP-__-__

FOR VALUE RECEIVED, CITY OF MILLVILLE, IN THE COUNTY OFCUMBERLAND, a municipal corporation duly created and validly existing pursuant to the lawsof the State (as hereinafter defined), and its successors and assigns (the “Borrower”), herebypromises to pay to the order of the NEW JERSEY ENVIRONMENTALINFRASTRUCTURE TRUST, a public body corporate and politic with corporate succession,duly created and validly existing under and by virtue of the Act (as hereinafter defined) (the“Trust”), the Principal (as hereinafter defined), together with all unpaid accrued Interest (ashereinafter defined), fees, late charges and other sums due hereunder, if any, in lawful money ofthe United States of America, on the Maturity Date (as hereinafter defined) or the date of anyoptional prepayment or acceleration in accordance with the provisions of this note (this “Note”).

SECTION 1. Definitions. As used in this Note, unless the context requires otherwise,the following terms shall have the following meanings:

“Act” means the “New Jersey Environmental Infrastructure Trust Act”, constitutingChapter 334 of the Pamphlet Laws of 1985 of the State (codified at N.J.S.A. 58:11B-1 et seq.),as the same may from time to time be amended and supplemented.

“Administrative Fee” means a fee of up to four-tenths of one percent (.40%) of thatportion of the Principal identified in clause (i) of the definition thereof (as set forth in thisSection 1), or such lesser amount, if any, as the Trust may determine from time to time.

“Anticipated Financing Program” means the financing program of the Trust, pursuantto which the Trust will issue its Trust Bonds for the purpose of financing, on a long term basis,the Project and other projects of certain qualifying borrowers.

“Anticipated Long Term Loan” means the long term loan made by the Trust to theBorrower from the proceeds of its Trust Bonds, as part of the Anticipated Financing Program.

“Authorized Officer” means any person authorized by the Borrower or the Trust, as thecase may be, to perform any act or execute any document relating to the Loan or this Note.

“Code” means the Internal Revenue Code of 1986, as the same may from time to time beamended and supplemented, including any regulations promulgated thereunder, any successorcode thereto and any administrative or judicial interpretations thereof.

“Cost” means those costs that are allocable to the Project, as shall be determined on aproject-specific basis in accordance with the Regulations, as the same may be amended bysubsequent eligible costs as evidenced by a certificate of an Authorized Officer of the Trust.

“Environmental Infrastructure Facilities” means Wastewater Treatment Facilities,Stormwater Management Facilities or Water Supply Facilities (as such terms are defined in theRegulations).

“Environmental Infrastructure System” means the Environmental InfrastructureFacilities of the Borrower, including the Project, for which the Borrower is receiving the Loan.

“Event of Default” means any occurrence or event specified in Section 6 hereof.

“Fund Portion” means, on any date, an amount equal to seventy-five percent (75%) ofthe Principal of the Loan on such date, which Fund Portion is expected to be refinanced on theMaturity Date from proceeds of a loan to be made to the Borrower by the State, acting by andthrough the New Jersey Department of Environmental Protection.

“Interest” means the interest charged on the outstanding Principal of the Loan at a rateof (a) with respect to the Trust Portion of the Principal, ____%, and (b) with respect to the FundPortion of the Principal, 0.00%, and payable by the Borrower to the Trust (i) on the MaturityDate or (ii) with respect to any optional prepayment or acceleration of the Loan, on the date ofsuch optional prepayment or acceleration, as the case may be.

“Loan” means the loan of the Principal, made by the Trust to the Borrower to finance orrefinance a portion of the Cost of the Project, as evidenced by this Note.

“Loan Disbursement Requisition” means the requisition, to be executed by anAuthorized Officer of the Borrower and approved by the New Jersey Department ofEnvironmental Protection, in a form to be determined by the Trust and the New JerseyDepartment of Environmental Protection.

“Maturity Date” means _______ __, 201_, or such earlier or later date to be determinedby the Trust in its sole discretion, which date shall be determined by the Trust to be the date ofthe closing for the Anticipated Financing Program.

“Principal” means the principal amount of the Loan, at any time being the lesser of (i)________________________________ Dollars ($_________________), or (ii) the aggregate

outstanding amount as shall actually be disbursed to the Borrower by the Trust pursuant to one ormore Loan Disbursement Requisitions, which Principal shall be payable by the Borrower to theTrust (i) on the Maturity Date or (ii) with respect to any optional prepayment or acceleration ofthe Loan, on the date of such optional prepayment or acceleration, as the case may be.

“Project” means the Environmental Infrastructure Facilities of the Borrower whichconstitutes a project for which the Trust is making the Loan to the Borrower.

“Regulations” means the rules and regulations, as applicable, now or hereafterpromulgated pursuant to N.J.A.C. 7:22-3 et seq., 7:22-4 et seq., 7:22-5 et seq., 7:22-6 et seq.,7:22-7 et seq., 7:22-8 et seq., 7:22-9 et seq. and 7:22-10 et seq., as the same may from time totime be amended and supplemented.

“State” means the State of New Jersey.

“Trust Bonds” means the revenue bonds of the Trust to be issued, as part of theAnticipated Financing Program.

“Trust Portion” means, on any date, an amount equal to twenty-five percent (25%) ofthe Principal of the Loan on such date, which Trust Portion is expected to be refinanced on theMaturity Date from proceeds of a loan to be made to the Borrower by the Trust.

SECTION 2. Representations of the Borrower. The Borrower represents andwarrants to the Trust:

(a) Organization. The Borrower: (i) is a municipal corporation duly created andvalidly existing under and pursuant to the Constitution and laws of the State; (ii) has full legalright and authority to execute, attest and deliver this Note, to sell this Note to the Trust, and toperform its obligations hereunder, and (iii) has duly authorized, approved and consented to allnecessary action to be taken by the Borrower for: (A) the issuance of this Note, the sale thereofto the Trust and the due performance of its obligations hereunder and (B) the execution, deliveryand due performance of all certificates and other instruments that may be required to beexecuted, delivered and performed by the Borrower in order to carry out and give effect to thisNote.

(b) Authority. This Note has been duly authorized by the Borrower and dulyexecuted, attested and delivered by Authorized Officers of the Borrower. This Note has beenduly sold by the Borrower to the Trust and duly issued by the Borrower and constitutes a legal,valid and binding obligation of the Borrower, enforceable against the Borrower in accordancewith its terms, except as the enforcement thereof may be affected by bankruptcy, insolvency orother laws or the application by a court of legal or equitable principles affecting creditors’ rights.

(c) Pending Litigation. There are no proceedings pending or, to the knowledge of theBorrower, threatened against or affecting the Borrower that, if adversely determined, wouldadversely affect (i) the condition (financial or otherwise) of the Borrower, (ii) the ability of theBorrower to satisfy all of its Loan repayment obligations hereunder, (iii) the authorization,

execution, attestation or delivery of this Note, (iv) the issuance of this Note and the sale thereofto the Trust, and (v) the Borrower’s ability otherwise to observe and perform its duties,covenants, obligations and agreements under this Note.

(d) Compliance with Existing Laws and Agreements; Governmental Consent. (i) Thedue authorization, execution, attestation and delivery of this Note by the Borrower and the saleof this Note to the Trust, (ii) the observation and performance by the Borrower of its duties,covenants, obligations and agreements hereunder, including, without limitation, the repayment ofthe Loan and all other amount due hereunder, and (iii) the undertaking and completion of theProject, will not (A) other than the lien, charge or encumbrance created by this Note and by anyother outstanding debt obligations of the Borrower that are at parity with this Note as to lien on,and source and security for payment thereon from, the general tax revenues of the Borrower,result in the creation or imposition of any lien, charge or encumbrance upon any properties orassets of the Borrower pursuant to, (B) result in any breach of any of the terms, conditions orprovisions of, or (C) constitute a default under, any existing ordinance or resolution, outstandingdebt or lease obligation, trust agreement, indenture, mortgage, deed of trust, loan agreement orother instrument to which the Borrower is a party or by which the Borrower, its EnvironmentalInfrastructure System or any of its properties or assets may be bound, nor will such action resultin any violation of the provisions of the charter or other document pursuant to which theBorrower was established or any laws, ordinances, injunctions, judgments, decrees, rules,regulations or existing orders of any court or governmental or administrative agency, authority orperson to which the Borrower, its Environmental Infrastructure System or its properties oroperations are subject. The Borrower has obtained all permits and approvals required to date byany governmental body or officer for the authorization, execution, attestation and delivery of thisNote, for the sale of this Note to the Trust, for the making, observance and performance by theBorrower of its duties, covenants, obligations and agreements under this Note, and for theundertaking and completion of the Project.

(e) Reliance. The Borrower hereby acknowledges that the Trust is making the Loanto the Borrower pursuant to the terms hereof in reliance upon each of the representations of theBorrower set forth in this Section 2.

SECTION 3. Covenants of the Borrower.

(a) Participation in the Anticipated Financing Program. The Borrower covenants andagrees that it shall undertake and complete in a timely manner all conditions precedent identifiedby the Trust relating to (i) the participation by the Borrower in the Anticipated FinancingProgram and (ii) the qualification by the Borrower for receipt of the Anticipated Long TermLoan.

(b) Full Faith and Credit Pledge. To secure the repayment obligation of the Borrowerwith respect to this Note, and all other amounts due under this Note, the Borrowerunconditionally and irrevocably pledges its full faith and credit and covenants to exercise itsunlimited taxing powers for the punctual payment of any and all obligations and amounts dueunder this Note. The Borrower acknowledges that, to assure the continued operation andsolvency of the Trust, the Trust may, pursuant to and in accordance with Section 12a of the Act,

require that if the Borrower fails or is unable to pay promptly to the Trust in full any Loanrepayments, any Interest or any other amounts due pursuant to this Note, an amount sufficient tosatisfy such deficiency shall be paid by the State Treasurer to the Trust from State-aid otherwisepayable to the Borrower.

(c) Disposition of Environmental Infrastructure System. The Borrower covenantsand agrees that it shall not sell, lease, abandon or otherwise dispose of all or substantially all ofits Environmental Infrastructure System without the express written consent of the Trust, whichconsent may or may not be granted by the Trust in its sole discretion.

(d) Financing With Tax Exempt Bonds. The Borrower acknowledges, covenants andagrees that it is the intention of the Borrower to finance the Project on a long term basis withproceeds of Trust Bonds now or hereinafter issued, the interest on which is excluded from grossincome for purposes of federal income taxation pursuant to Section 103(a) of the Code (“taxexempt bonds”). In furtherance of such long term financing with tax exempt bonds, theBorrower covenants that, except to the extent expressly permitted in writing by the Trust, theBorrower will not take any action or permit any action to be taken which would result in any ofthe proceeds of the Loan being used (directly or indirectly) (i) in any “private business use”

within the meaning of Section 151(b)(6) of the Code, (ii) to make or finance loans to personsother than the Borrower, or (iii) to acquire any “nongovernmental output property” within themeaning of Section 151(d)(2) of the Code. In addition, the Borrower covenants and agrees thatno portion of the Project will be investment property, within the meaning of Section 158(b) ofthe Code. The Borrower covenants and agrees that any Costs of the Borrower’s Project to bepaid or reimbursed with proceeds of the Loan will result in the expenditure of proceeds underTreasury Regulations §1.158-6(d) and Treasury Regulations §1.150-2.

(e) Operation and Maintenance of Environmental Infrastructure System. TheBorrower covenants and agrees that it shall maintain its Environmental Infrastructure System ingood repair, working order and operating condition, and make all necessary and proper repairsand improvements with respect thereto.

(f) Records and Accounts; Inspections. The Borrower covenants and agrees that itshall keep accurate records and accounts for its Environmental Infrastructure System (the“System Records”), separate and distinct from its other records and accounts (the “GeneralRecords”), which shall be audited annually by an independent registered municipal accountantand shall be made available for inspection by the Trust upon prior written notice. The Borrowershall permit the Trust to inspect the Environmental Infrastructure System.

(g) Insurance. The Borrower covenants and agrees that it shall maintain insurancepolicies providing against risk of direct physical loss, damage or destruction of its EnvironmentalInfrastructure System, in an amount that will satisfy all applicable regulatory requirements. TheBorrower covenants and agrees that it shall include, or cause to be included, the Trust as anadditional “named insured” on any certificate of liability insurance procured by the Borrowerand by any contractor or subcontractor for the Project.

(h) Reliance. The Borrower hereby acknowledges that the Trust is making the Loanto the Borrower pursuant to the terms hereof in reliance upon each of the covenants of theBorrower set forth in this Section 3.

SECTION 4. Disbursement of the Loan Proceeds; Amounts Payable; Prepayment; andLate Fee. The Trust shall effectuate the Loan to the Borrower by making one or moredisbursements to the Borrower promptly after receipt by the Trust of a Loan DisbursementRequisition, each such disbursement and the date thereof to be recorded by an AuthorizedOfficer of the Trust on the table attached as Exhibit A hereto. The latest date upon which theBorrower may submit to the Trust a Loan Disbursement Requisition is the business dayimmediately preceding the date fixed by the Trust for the sale of its bonds in connection with theAnticipated Financing Program. On the Maturity Date, the Borrower shall repay the Loan to theTrust in an amount equal to: (i) the Principal; (ii) the Interest; (iii) the Administrative Fee, ifany; and (iv) any other amounts due and owing pursuant to the provisions of this Note. Anyearnings accrued on the undrawn Trust Portion of the Principal of the Loan shall be creditedagainst the Borrower’s repayment obligations hereunder. The Borrower may prepay the Loanthe Loan obligations hereunder, in whole or in part, upon receipt of the prior written consent ofan Authorized Officer of the Trust. Each payment made to the Trust shall be applied to thepayment of, first, the Interest then due and payable, second, the Principal, third, theAdministrative Fee, if obligations hereunder, in whole or in part, upon receipt of the prior writtenconsent of an any, fourth, any late charges, and, finally, any other amount due pursuant to theprovisions of this Note. In the event that the repayment obligation set forth in this Note isreceived by the Trust later than the Maturity Date, a late fee shall be payable to the Trust in anamount equal to the greater of twelve percent (12%) per annum or the prime rate as published inthe Wall Street Journal on the Maturity Date plus one half of one percent per annum on such latepayment from the Maturity Date to the date it is actually paid; provided, however, that any latepayment charges incurred hereunder shall not exceed the maximum interest rate permitted bylaw.

SECTION 5. Unconditional Obligations. The direct, general obligation of theBorrower to make the Loan repayments and all other payments required hereunder and theobligation to perform and observe the other duties, covenants, obligations and agreements on itspart contained herein shall be absolute and unconditional, and shall not be abated, rebated,set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified inany manner whatsoever while any Loan repayments, or any other payments due hereunder,remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including(without limitation) any acts or circumstances that may constitute failure of consideration,eviction or constructive eviction, the taking by eminent domain or destruction of or damage tothe Project or Environmental Infrastructure System, commercial frustration of the purpose, anychange in the laws of the United States of America or of the State or any political subdivision ofeither or in the rules or regulations of any governmental authority, any failure of the Trust toperform and observe any agreement or any duty, liability or obligation arising out of this Note, orany rights of set-off, recoupment, abatement or counterclaim that the Borrower might haveagainst the Trust or any other party; provided, however, that payments hereunder shall notconstitute a waiver of any such rights.

SECTION 6. Events of Default. The following events shall constitute an “Event ofDefault” hereunder: (i) failure by the Borrower to pay, when due, any and all of its Loanrepayment obligations hereunder, and any other payment obligations due hereunder; (ii) failureby the Borrower to observe and perform any duty, covenant, obligation or agreement on its partto be observed or performed pursuant to the terms of this Note; (iii) any representation made bythe Borrower contained in this Note or in any instrument furnished in compliance with or withreference to this Note is false or misleading in any material respect; and (iv) a petition is filed byor against the Borrower under any federal or state bankruptcy or insolvency law or other similarlaw in effect on the date of this Note or thereafter enacted, unless in the case of any such petitionfiled against the Borrower such petition shall be dismissed within thirty (30) days after suchfiling and such dismissal shall be final and not subject to appeal, or the Borrower shall becomeinsolvent or bankrupt or shall make an assignment for the benefit of its creditors, or a custodianof the Borrower or any of its property shall be appointed by court order or take possession of theBorrower or its property or assets if such order remains in effect or such possession continues formore than thirty (30) days.

SECTION 7. Remedies upon Event of Default. Whenever an Event of Default shallhave occurred and be continuing pursuant to the terms hereof, the Borrower herebyacknowledges and agrees to the rights of the Trust to take any action permitted or required at lawor in equity to collect the amounts then due and thereafter to become due hereunder or to enforcethe observance and performance of any duty, covenant, obligation or agreement of the Borrowerhereunder. If an Event of Default shall have occurred, the Borrower hereby acknowledges andagrees that the Trust shall have the right to declare all Loan repayments and all other amountsdue hereunder to be due and payable immediately without further notice or demand. TheBorrower hereby acknowledges and agrees that no remedy herein is intended to be exclusive,and every remedy shall be cumulative and in addition to every other remedy given under thisNote or now or hereafter existing at law or in equity. The Borrower hereby furtheracknowledges and agrees that no delay or omission by the Trust to exercise any remedy or rightaccruing upon any Event of Default shall impair any such remedy or right or shall be construedto be a waiver thereof, but any such remedy or right may be exercised as often as may be deemedexpedient. The Borrower hereby agrees that upon demand it shall pay to the Trust the reasonablefees and expenses of attorneys and other reasonable expenses (including, without limitation, thereasonably allocated costs of in-house counsel and legal staff) incurred in the collection of Loanrepayments or any sum due hereunder or in the enforcement of the observation or performanceof any obligations or agreements of the Borrower upon an Event of Default. Any moneyscollected by the Trust pursuant to this Section 7 shall be applied first to pay any attorneys’ feesor other fees and expenses owed by the Borrower.

SECTION 8. Certain Miscellaneous Provisions. The Borrower hereby acknowledgesand agrees as follows: (a) all notices hereunder shall be deemed given when hand delivered orwhen mailed by registered or certified mail, postage prepaid, to the Borrower at the followingaddress: City of Millville, Millville Municipal Building, 12 So. High Street, Millville, NewJersey 08332, Attention: Marcella Shepard, Chief Financial Officer; and to the Trust at thefollowing address: New Jersey Environmental Infrastructure Trust, P.O. Box 440, Trenton, NewJersey 08625, Attention: Executive Director; (b) this Note shall be binding upon the Borrowerand its successors and assigns; (c) in the event any provision of this Note is held illegal, invalid

or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, renderunenforceable or otherwise affect any other provision hereof; (d) the obligations of the Borrowerpursuant to the terms of this Note may not be assigned by the Borrower for any reason, unlessthe Trust shall have approved said assignment in writing; (e) this Note may not be amended,supplemented or modified without the prior written consent of the Trust; (f) this Note shall begoverned by and construed in accordance with the laws of the State; (g) the Borrower shall, atthe request of the Trust, execute and deliver such further instruments as may be necessary ordesirable for better assuring, conveying, granting, assigning and confirming the rights, securityinterests and agreements granted or intended to be granted by this Note; and (h) whenever theBorrower is required to obtain the determination, approval or consent of the Trust pursuant to theterms hereof, such determination, approval or consent may be either granted or withheld by theTrust in its sole and absolute discretion.

[The remainder of this page has been left blank intentionally.]

IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed,sealed and delivered on the date first above written.

[SEAL]

ATTEST:

CITY OF MILLVILLE, in the COUNTYOF CUMBERLAND, NEW JERSEY

DRAFTBy:_________________________________ Mayor

DRAFT__________________________________Clerk

DRAFTBy: ________________________________ Chief Financial Officer

EXHIBIT A

Loan Disbursements

Date of Loan Disbursement Amount of Loan Disbursement

CITY OF MILLVILLECOUNTY OF CUMBERLAND

STATE OF NEW JERSEY

RESOLUTION NO. R _________ 2016

WHEREAS, the Municipality retained W.E. JohnsonEngineering as Consultant Engineer for the Municipality byProfessional Services Contract approved by Resolution No. R75-2016, adopted on February 16, 2016; and

WHEREAS, said contract provided that Consultant be paida consideration not to exceed $107,000.00 per year; and

WHEREAS, because of a number of unanticipatedengineering issues in the City requiring Mr. Johnson’s expertise,he has exceeded said amount; and

WHEREAS, the Board of Commissioners finds it to be inthe Municipality’s best interest to continue to have the benefit ofConsultant’s services for the balance of his contract whichremains in effect until February 16, 2017; and

WHEREAS, the original Professional Service Contract wasawarded through a non-fair and open process pursuant toMillville City Code §64.3; and

WHEREAS, the Chief Financial Officer of the City hasissued a Certificate of the Availability of Funds;

NOW THEREFORE BE IT RESOLVED BY THE BOARD OFCOMMISSIONERS OF THE CITY OF MILLVILLE, as follows:

1. The Professional Services Contract between theConsultant and the Municipality is hereby amendedto provide an additional amount not to exceed$50,000.00 for a total award of $157,000.00.

2. The Mayor and City Clerk are hereby authorized toexecute the agreement.




CERTIFICATION

I certify that the foregoing is a true copy of a Resolution adopted bythe Board of Commissioners, of the City of Millville in the County ofCumberland, at a meeting thereof held on December 6, 2016.

__________________________________ Jeanne M. Hitchner, City Clerk

FIRST AMENDMENTTO PROFESSIONAL SERVICES CONTRACT

W. E. JOHNSON ENGINEERING

WHEREAS, the Municipality retained W. E. Johnson Engineering as ConsultantEngineer for the Municipality by Professional Services Contract approved by ResolutionNo. R75-2016, adopted on February 16, 2016; and

WHEREAS, said contract provided that Consultant be paid a consideration not toexceed $107,000.00 per year; and

WHEREAS, because of a number of unanticipated engineering issues in the Cityrequiring Mr. Johnson’s expertise, he has exceeded said amount; and

WHEREAS, the Board of Commissioners finds it to be in the Municipalities bestinterest to continue to have the benefit of Consultant’s services for the balance of hiscontract which remains in effect until February 16, 2017; and

WHEREAS, the original Professional Service Contract was awarded through anon-fair and open process pursuant to Millville City Code §64.3; and

It is agreed between the parties, based upon the mutual covenants set forthbelow, that the aforesaid Professional Services Contract approved by ResolutionNo. R75-2016 is hereby amended as follows:

ARTICLE IV. CONSIDERATION AND METHOD OF PAYMENT

The consideration allocated to provide the Scope of Services is set forth hereinshall continue to be billed at an hourly rate of $80.00 per hour but shall not exceed anadditional $50,000.00 for a total of $157,000.00 for the one year duration ending onFebruary 16, 2017.

All other terms and conditions set forth in the original Professional ServicesContract not inconsistent with this amendment shall remain in full force and effect.

CITY OF MILLVILLE

By:________________________________ Michael Santiago, Mayor

ATTEST:

________________________________Jeanne M. Hitchner, City Clerk

WITNESS:

________________________________ By:_________________________________ W. E. Johnson Engineering


STATE OF NEW JERSEY

RESOLUTION NO. R -2016

WHEREAS, the Municipality previously engaged theprofessional services of Franklin J Riesenburger, Esquire of FlasterGreenberg as Environmental Consultant under a ProfessionalServices Contract as authorized by Resolution No. R240-2016adopted on July 19, 2016; and

WHEREAS, Consultant has requested certain amendmentsto the aforesaid contract to more specifically define its scope ofservices, to provide for reduced fees to be charged by juniorattorneys and paralegals, to clarify the terms of termination ofengagement, communications, privacy and choice of law; and

WHEREAS, the Board of Commissioners does not viewthese changes to be of a substantial nature and does not viewthem to be detrimental to the legal interest of the Municipality;and

WHEREAS, the Board of Commissioners finds therequested changes to be beneficial and in the best interest ofboth parties in that they clarify the terms of the contract.

NOW THEREFORE, BE IT RESOLVED by the Board ofCommissioners of the City of Millville as follows:

1. All of the statements of the preamble are incorporatedherein by this reference thereto as thought the same were setforth at length.

2. The Mayor and the City Clerk be and they are herebyauthorized to execute the First Amendment to the ProfessionalServices Contract between the Municipality and the Contractor inthe form annexed hereto as Exhibit “A”.

3. The statutory language required by N.J.S.A. 10:2-1 and10:5-33 is hereby incorporated into the contract by referenceand the contractor is bound by said language together with theother provisions of the anti-discrimination laws of the State ofNew Jersey, Chapter 127 of the Laws of 1975.

4. A notice of the letting of this contract shall bepublished in the City’s official newspaper within ten (10) days ofthe date of this resolution, which notice shall state that thisResolution and the contract are on file and available for publicinspection in the office of the City Clerk.




CERTIFICATION



of 2

FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACTAS AUTHORIZED BY RESOLUTION NO. R240-2016

This Agreement entered into this day of , 2016, by andbetween the City of Millville, a Municipal Corporation of the State of New Jersey, PostOffice Box 609, Millville, New Jersey 08332, hereafter referred to as “Municipality” andFranklin J. Riesenburger, Esquire of the firm of Flaster Greenberg, with officeslocated at 1810 Chapel Avenue West, Cherry Hill, New Jersey 08002, hereafter referredto as “Contractor.”

WHEREAS, the Municipality and Contractor entered into a Professional ServicesContract on July 19, 2016 as adopted by Resolution No. R240-2016 for the purpose ofengaging Consultant as the City’s Environmental Legal Counsel; and

WHEREAS, the Board of Commissioners of the City of Millville has determinedthat certain revisions are necessary in order to clarify the terms of the agreement.

NOW THEREFORE based upon the mutual covenants contained herein the partiesagree as follows:

1. Paragraph 2 (“Scope of Services”) of the aforesaid Professional ServicesContract shall be amended to provide as follows:

2. Scope of Services. Contractor shall perform suchenvironmental services as are referenced in paragraph 1(“SCOPE OF ENGAGEMENT”) and paragraph 2 (“NATURE OFSERVICES TO BE PROVIDED”) as set forth in Consultant’sEngagement Agreement for Legal Services dated November15, 2016 annexed hereto as Attachment “A” andincorporated herein by reference thereto.

2. Paragraph 4 (“Payment For Work”) of the aforesaid Professional ServicesContract shall be amended to provide as follows:

4. Payment for Work. Contractor shall be compensated forits services in accordance with paragraphs 3 (“LEGAL FEES”),paragraph 4 (“COSTS AND EXPENSES”) and paragraph 5(“BILLING STATEMENTS”) as set forth in Consultant’saforesaid Engagement Agreement for Legal Services.Contractor’s compensation shall not, however, exceed thesum of $100,000.00. Billing shall be made by voucher onlywith itemized invoices attached. Vouchers shall besubmitted periodically as work is performed on not less thana monthly basis. Payment by Municipality shall be madewithin thirty (30) days of the presentation of the voucher. If

of 2

employees of the Municipality request services from theContractor which exceed the Scope of Services contained inthe Contact or this Amendment, the Contractor shall notperform the services requested until an amendment to thecontract has been approved by the Board of Commissioners.

3. Paragraph 16 (“Termination of Contract”) of the aforesaid ProfessionalServices Contract shall be amended to provide as follows:

16. Termination of Contract. Paragraph 8 (“Termination ofEngagement”) as set forth in Consultant’s aforesaidEngagement Agreement.

4. New paragraph 19 shall be added and provide as follows:

19. Communications. Paragraph 9 as set forth inConsultant’s aforesaid Engagement Agreement.

5. New Paragraph 20 shall be added and provide as follows:

20. Privacy. Paragraph 10 as set forth in Consultant’saforesaid Engagement Agreement.

6. New Paragraph 21 shall be added and provide as follows:

21. Choice of Law/Forum/Personal and Subject MatterJurisdiction. Paragraph 11 as set forth in Consultant’saforesaid Engagement Agreement.

7. All other terms not inconsistent with the aforesaid provisions contained in theoriginal Professional Services Contract not inconsistent with the above shall remain infull force and effect.

CITY OF MILLVILLEATTEST:

By:Jeanne M. Hitchner, City Clerk Michael Santiago, Mayor

FLASTER/GREENBERG P.C.

By:Witness Franklin J. Riesenburger, Esquire


STATE OF NEW JERSEY


WHEREAS, the Municipality retained the Comegno LawGroup, P.C. as Special Foreclosure Counsel under a ProfessionalServices Contract approved by Resolution No. R13-2016,adopted on January 5, 2016; and

WHEREAS, said contract provided for compensation notto exceed $10,000.00; and

WHEREAS, the Consultant has submitted an invoice to theCity exceeding said amount and it is necessary for theMunicipality to continue to have the benefit of Consultant’sservices through the remaining duration of the contract whichexpires on December 31, 2016; and

WHEREAS, said Agreement was awarded through a fairand open process pursuant to Millville City Code §2-64.3; and

WHEREAS, the Chief Financial Officer has certified theavailability of funds; and.


1. The First Amendment to the Professional ServicesContract is hereby approved in an amount not toexceed an additional $5,000.00 for a totalconsideration not to exceed $15,000.00.





CERTIFICATION



FIRST AMENDMENTTO PROFESSIONAL SERVICES CONTRACT

COMEGNO LAW GROUP, P.C.

WHEREAS, the Municipality retained the Comegno Law Group, P.C. as Special ForeclosureCounsel under a Professional Services Contract approved by Resolution No. R13-2016, adopted onJanuary 5, 2016; and

WHEREAS, said contract provided for compensation not to exceed $10,000.00; and

WHEREAS, the Consultant has submitted an invoice to the City exceeding said amount and itis necessary for the Municipality to continue to have the benefit of Consultant’s services through theremaining duration of the contract which expires on December 31, 2016; and

WHEREAS, said Agreement was awarded through a fair and open process pursuant toMillville City Code §2-64.3; and

Based upon the mutual covenants between the parties the Professional Service Contract ishereby awarded as follows:

ARTICLE IV. (“CONSIDERATION AND METHOD OF PAYMENT”)

1. The consideration is hereby amended to award Consultant additional compensation not toexceed $5,000.00 for a total award not to exceed $15,000.00 to billed at an hourly rate together withcosts as set forth in Consultant’s price proposal contained in its response to the RFP datedNovember 23, 2015.

Billing shall be made by Voucher only with itemized invoice attached. Vouchers shall besubmitted periodically as work is performed on not less that a monthly basis. Payment by the Cityshall be made within thirty (30) days of the presentation of the Voucher. If employees of the Cityrequest services from the Consultant which exceed the Scope of Services contained in this Contractthe Consultant shall not perform the services requested until an amendment to the Contract hasbeen approved by Resolution of the Board of Commissioners.

2. All other terms and conditions set forth in the original Professional Services Contract notinconsistent with this amendment shall remain in full force and effect.

CITY OF MILLVILLE


ATTEST:

________________________________Jeanne M. Hitchner, City Clerk

WITNESS:

________________________________ By:_________________________________ Rebecca D. Boudwin, Esquire

Resolution No._________

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of

Local Government Services may approve the insertion of any special item of

revenue in the budget of any county or 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 any item of

appropriation for equal amount.

Section 1

NOW, THEREFORE, BE IT RESOLVED that the Board of

Commissioner of the City of Millville hereby requests the insertion of an additional

item of revenue in the budget of the calendar year ‘16 in the sum of * *$ 22,026.00

which is now available as a revenue from the US Dept. of Justice, Bureau of

Justice Assistance, pursuant to the provisions of Statute.

Section 2

BE IT FURTHER RESOLVED that a like sum of * * * * * * $ 22,026.00

be and the same is hereby appropriated in the budget under the caption:

Operations - Excluded from 'CAPS'

Public and Private Programs Offset by Revenues

U.S. Dept. of Justice, Bureau of Justice Assistance,

Edward Byrne Justice Assistance Grant Program

Section 3

BE IT FURTHER RESOLVED that the Clerk be authorized to file one (1)

certification with the Director of the Division of Local Government Services.

Moved By:

Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held ______________.

_________________________ Jeanne Hitchner, City Clerk


WHEREAS, NJSA 40A:4-87 provides that the Director of the Division ofLocal Government Services may approve the insertion of any special item ofrevenue in the budget of any county or municipality when such item shall havebeen 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 any item ofappropriation for equal amount.

Section 1

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissionersof the City of Millville hereby requests the insertion of an additional item of revenue in

the budget of the calendar year 2016 in the sum of * * * * * * * * * * * * * * $ 5,000.00which is now available as a revenue from the Drive Sober or Get Pulled Over-2016Holiday Crackdown Grant pursuant to the provisions of Statute.

Section 2

BE IT FURTHER RESOLVED that a like sum of * * * * * * * * $ 5,000.00be and the same is hereby appropriated in the budget under the caption:


State & Federal Programs Offset by Revenues:

NJ Office of Highway Traffic Safety

Drive Sober or Get Pulled Over

Section 3

BE IT FURTHER RESOLVED that the Clerk be authorized tofile one (1) certification with the Director of the Division of Local Government Services.

Moved By:

Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adoptedby the Board of Commissioners of the City of Millville, in the County ofCumberland, at a meeting thereof held ______________.



WHEREAS, NJS 40A:4-87 provides that the Director of the Division of

Local Government Services may approve the insertion of any special item of

revenue in the budget of any county or 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 any item of

appropriation for equal amount.

Section 1

NOW, THEREFORE, BE IT RESOLVED that the Board of

Commissioners of the City of Millville hereby requests the insertion ofadditional items of revenue in the budget of the calendar year 2016 in the sum of $6,437.93 which is now available as a revenue from NJ Department of Law and Public Safety- Division of Highway Traffic Safety pursuant to the provisions of the Statute.

Section 2

BE IT FURTHER RESOLVED that a like amounts be and the same is

hereby appropriated in the budget under the caption:


State & Federal Programs Offset by Revenues:

NJ – Office of Highway Traffic Safety

Drunk Driving Enforcement $6,437.93

Section 3

BE IT FURTHER RESOLVED that the Chief Financial Officerbe authorized to file electronically one (1) certification with the Director of theDivision of Local Government Services.

Moved By:

Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adoptedby the Board of Commissioners of the City of Millville, in the County ofCumberland, at a meeting thereof held ______________.



STATE OF NEW JERSEY

RESOLUTION NO. R_______-2016

WHEREAS, the City of Millville is the holder of a Mortgageexecuted by Vincent and Joanne Casbarro, residing at 300Lloyd Terrace, Millville, New Jersey covering property located at22 Driskill Street within the City of Millville, more particularlydescribed Block 631, Lot 21A on the Tax Map; and

WHEREAS, said Mortgage was recorded with theCumberland County Clerk’s Office on 2/22/08 in Book 4039,Page 7005; and

WHEREAS, the mortgage has been paid in full and themortgagor is hereby requesting that the mortgage be cancelledof record.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OFCOMMISSIONERS OF THE CITY OF MILLVILLE AS FOLLOWS:

1. The aforesaid mortgage is hereby cancelled, and theMayor and City Clerk are hereby authorized to execute theDischarge of Mortgage.

2. The City Attorney is hereby authorized to record theDischarge of Mortgage in the Cumberland County Clerk’s Office.

Moved By: ______________________________

Seconded By: ___________________________

ADOPTED:

VOTING

Michael SantiagoLynne PorrecaCompariDavid W. EnnisJoseph SooyWilliam Davis


CERTIFICATION

I certify that the foregoing is a true copy of a Resolution adopted by the Board of Commissioners, of the City of Millville inthe County of Cumberland, at a meeting thereof held on December 6, 2016.

__________________________________Jeanne M. Hitchner, City Clerk

Prepared By:

___________________________Brock D. Russell, Esquire

DISCHARGE OF MORTGAGE

A certain Mortgage dated February 20, 2008 was made by Vincent Casbarro and JoanneCasbarro to the City of Millville. This Mortgage was made to secure payment of $50,000.00. Itwas recorded in the Clerk’s Office of Cumberland County on February 22, 2008 in Book 4039,Page 7005.

This Mortgage has now been paid in full or otherwise satisfied. It may now be dischargedof record. This means that this Mortgage is now cancelled and void. I sign and certify to thisDischarge of Mortgage on , 2016.

Witnessed or Attested By: CITY OF MILLVILLE

__________________________________ ____________________________________Jeanne M. Hitchner, City Clerk Michael Santiago, Mayor

STATE OF NEW JERSEY }:ss.

COUNTY OF CUMBERLAND }

I certify that on the ______ day of __________________, 2016, Jeanne M. Hitchner personally came before me, and this person acknowledged under oath, to my satisfaction the following information:

a. That she is the City Clerk of the City of Millville;b. That she is the attesting witness to the signing of this document by the proper

municipal corporate officer who is Michael Santiago, the Mayor of the City of Millville;c. That this document was signed and delivered by the Mayor on behalf of the

Municipality as his voluntary act duly authorized by a proper resolution of the governing body of the Municipality;

d. That she knows the proper seal of the Municipal corporation which was affixed to this document; and

e. That she signed this proof to attest to the truth of these facts.

______________________________________Notary Public of the State of New Jersey


STATE OF NEW JERSEY


WHEREAS, the Board of Commissioners of the City ofMillville desires to temporarily install and maintain holidaylighting and associated equipment on the wood distributionpoles (a/k/a telephone poles) owned by Atlantic City Electric, aNew Jersey Corporation; and

WHEREAS, Atlantic City Electric requires a contractproviding indemnification and insurance provisions; and

WHEREAS, the Board of Commissioners finds that saidproposed contract is acceptable to the City; and


1. The Temporary Attachment and Holiday LicenseAgreement between Atlantic City Electric and theCity of Millville is hereby approved.





CERTIFICATION



1 of 3

Block Lot Acct Property Location Yr Prd Amount Int Description

21 1 2061 Carmel Rd. 16 4 $ 1,630.23 TAX

253 24 4851-0 403 Union Lake Rd. Ovr Pay $ 60.00 WATER

Ovr Pay $ 130.00 SEWER

402 4.01 532 Manor Ave 16 4 $ 1,936.06 TAX

537 33 700 Menantico Ave 16 3 $ 1,217.41 TAX


52 54.17 11321-0 2 Crystal Lane 16 3 $ 25.00 WATER

16 3 $ (25.00) SEWER

86 17 2132-0 902 Cedar St. 16 3 $ 25.00 WATER

16 3 $ (25.00) SEWER

128 3 2 Cornwall Ave. 16 4 $ 250.00 TAX

17 1 $ (250.00) TAX

253 5 4834-0 304 Sharp St. 16 3 $ 25.00 WATER

16 3 $ (25.00) SEWER

335 5 16 801 E St. 16 3 $ 25.00 WATER

16 3 $ (15.42) SEWER

16 4 $ (9.58) SEWER

354 5 6483-0 4 W. Oak St. 16 4 $ 30.00 WATER

16 4 $ 129.89 SEWER

172 4 10589-1 310 S 5th St. 16 4 $ (30.00) WATER

16 4 $ (129.89) SEWER

378 14 10480-1 420 Mulberry St. Ovr Pay $ 43.99 WATER

R72-0008 $ (11.31) $ (32.68) Spec.Assmt

412 21 10969-1 210-212 N 12th St. 16 4 $ 30.00 WATER

10969-2 16 4 $ (30.00) SEWER

433 12 520 E Main St. 17 1 $ 518.30 TAX

17 2 $ 28.48 TAX

433 11 518 E. Main St. 16 4 $ (546.78) TAX

RESOLUTION______________________

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF

MILLVILLE:

That the following be refunded from the Tax & Utility records due to overpayment

That the following transfers were made to the Tax & Utility records

2 of 3


21 1.03 2059 Carmel Rd 16 4 $ 341.21 TAX

16 4 $ 20.00 NSF FEE

115 13 2720-0 420 Maple St. 16 4 $ 30.00 $ 0.13 WATER

16 4 $ 79.53 $ 0.34 SEWER

69 3 1654-0 1308 Cedarbrook Ave. 16 4 $ 82.50 $ 0.71 WATER

16 4 $ 10.00 NSF FEE

16 4 $ 86.68 $ 1.13 SEWER

16 4 $ 10.00 NSF FEE

16 3 $ 2.93 $ 0.03 SEWER

562.06 9 12605-0 929 Shar Lane Blvd 16 3 $ 43.26 $ 1.39 SEWER

16 3 $ 10.00 NSF FEE

16 3 $ 34.98 $ 0.37 WATER

16 3 $ 10.00 NSF FEE

287 18 16 E. McNeal St. 16 4 $ 391.76 TAX

16 4 $ 10.00 NSF

447 8 8 N 9th St. 16 4 $ 354.69 TAX

16 4 $ 5.00 NSF

104 3 229 W. Main St. 16 4 $ 903.16 TAX

16 4 $ 5.00 NSF

340 16 407 D St. 16 4 $ 590.59 TAX

16 4 $ 10.00 NSF FEE

340 16 6155-0 16 4 $ 30.00 WATER

16 4 $ 5.00 NSF FEE

16 4 $ 130.00 SEWER

16 4 $ 5.00 NSF FEE

306 24 5 W. Green St. 16 4 $ 515.61 TAX

16 4 $ 20.00 NSF FEE

105 19 10112-1 34 Cedar St. 16 4 $ 44.00 $ 0.26 WATER

16 4 $ 10.00 NSF FEE

16 4 $ 128.96 $ 0.78 SEWER

16 4 $ 10.00 NSF FEE

318 10 903 N 6th St. 16 4 $ 797.84 TAX

16 4 $ 20.00 NSF FEE

318 10 5876-0 16 4 $ 51.00 WATER

16 4 $ 10.00 NSF FEE

16 4 $ 130.00 SEWER

16 4 $ 10.00 NSF FEE


100 20 2385-0 217 Maurice St. 16 3 $ (56.00) WATER

16 4 $ (98.00) WATER

495 64.14 12159-0 57 Ettie Dr. 16 3 $ (30.00) WATER

16 4 $ (30.00) WATER

That the following be added to the Tax & Utility records due to online returned check

That the following be canceled from the Utility records due to turn off

3 of 3


456 9 8109-0 1407 E. Main St. 16 4 $ (142.00) WATER


428 12 127 N 4th St. $ 500.00 OC6

397 7 534-536 N 8th St. $ 500.00 OC6

428 12 127 N 4th St. $ (500.00) OC7

397 7 534-536 N 8th St. $ (500.00) OC7


24 5 7 Fowler Ave. 16 4 $ 120.77 TAX

566 12 516 Henry Dr. 16 4 $ (70.86) TAX

65 21.15 2 Natalie Lane 16 4 $ (49.91) TAX

260 5 10766-7 1300 Wheaton Ave. 16 3 $ 1,285.09 $ 28.27 SEWER

16 3 $ (1,285.09) SEWER

16 4 $ (28.27) SEWER

546 11 9552-0 1102 S 2nd St. 16 4 $ 130.00 SEWER

16 4 $ 44.00 WATER

Ovr Pay $ 1.00 WATER

546 11 16 4 $ (169.68) TAX

17 1 $ (4.68) TAX

Against Abstain

That the following corrections were made by reversal to the Forclosures & Vacant Properties


VOTING: In Favor

Moved By:

Seconded By:

That the following be canceled from the Utility records due to actual reads


Joseph Sooy

CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners

of the City of Millville, in the County of Cumberland, at a meeting thereof held ________________.

William Davis

That the following corrections were made by reveral to the Tax & Utility records

David W. Ennis

Michael Santiago

Absent

RESOLUTION NO._________

WHEREAS , Chapter 11, Article III of the MunicipalCode of the City of Millville requires that property ownersmaintain their property in accordance with the standardscontained in the Property Maintenance Code of the City ofMillville; and

WHEREAS , the Code Official authorized emergencyservices to be performed to correct the condition at a cost tothe City of Millville as hereinafter provided.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MILLVILLE:

1. The governing body of the City of Millville herebyauthorizes the special assessment against the followingproperties and the monies owed shall be collected in thesame manner as property taxes are assessed andcollected pursuant to section 11-6 of the municipal code.

BOARD AND SECURE:

Block 473 Lot 13334 S 4TH STREET(Board and Secure Date 11-15-16) 42.00Administrative Fee 500.00

Block 253 Lot 24403 UNION LAKE RD(Board and Secure Date 11-17-16) 21.00Administrative Fee 250.00

Block 370 Lot 24317 E BROAD ST(Board and Secure Date 11-17-17) 42.00Administrative Fee 250.00

Block 105 Lot 1520 CEDAR ST(Board and Secure Date 11-10-16) 105.00Administrative fee 250.00

Block 376 Lot 13412 N 4TH ST(Board and Secure Date 11-18-16) 745.04Administrative Fee 500.00

Block 300 Lot 3308 W Green St(Board and Secure Date 11-23-16) 23.50Administrative Fee 500.00

Block 105 Lot 7111 W Main St(Board and Secure Date 11-23-16) 23.50Administrative Fee 250.00

Block 291 Lot 11804 N 3rd St(Board and Secure Date 11-23-16) 376.00Administrative Fee 250.00

Block 424 Lot 3411 Mulberry St(Board and Secure Date 11-27-16) 258.50Administrative Fee 500.00

Block 100 Lot 21219 Maurice St(Board and Secure Date 11-23-16) 352.50Administrative Fee 500.00

Block 472 Lot 24311 S 4th St(Board and Secure Date 11-22-16) 376.00Administrative Fee 500.00

Moved By:

Seconded By:

VOTINGMichael SantiagoLynne Porreca CompariDavid W. EnnisJoseph SooyWilliam F. Davis


CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by theBoard of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held December 6, 2016.


RESOLUTION _________

WHEREAS, United Tax Associates, LLChas previously purchased Tax Sale CertificateNo. 09-00143 of July 29, 2009 comprising alien on property description 314 E Broad Streetand known as Block 341 Lot 7 and is assessed toRhubart, James, and has filed a duly executedaffidavit swearing that he is still the lawfulowner of said certificate but has lost the same;

NOW, THEREFORE, BE IT RESOLVED thatthe Tax Collector be and is hereby authorized toissue a duplicate certificate to be marked“DUPLICATE CERTIFICATE” upon paymentof the sum of $100.00.

Moved By: _________________________

Seconded By: _______________________



CERTIFICATION

I hereby certify that the foregoing is a true copy ofResolution adopted by the Board of Commissioners of the City ofMillville, in the County of Cumberland, at a meeting thereof heldDecember 6, 2016.

__________________________Jeanne M. Hitchner, City Clerk

RESOLUTION_____________

WATER/SEWER TERMINATION NOTICE

WHEREAS, Section 56-18 of the Municipal code of the City of Millvilleauthorizes the termination of water/sewer service to a customer where water/sewer usercharges are in default and compliance with Ordinance is in default; and

WHEREAS, Section 56-52 outlines the procedural requirements whichmust be satisfied by the City before water service may be terminated for failure tocomply with the Utility Ordinance; and

WHEREAS, a Notice of Violation, and an Order to Show Cause wereserved on the following customers of the Water/Sewer Utility as required by the aforesaidOrdinance; and

WHEREAS, a hearing is to be held before the Public Works Committee onTuesday, Nov 29, 2016, regarding the termination of water/sewer service as a result ofthe failure to comply with the Utility Ordinance for the following customers of theWater/Sewer Utility, and the Board of Commissioners finds that all procedural dueprocess requirements required by the Ordinance were satisfied, and that the followingcustomers of the Water/Sewer Utility are not in compliance with said Ordinance.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OFTHE CITY OF MILLVILLE:

1) That the Water/Sewer Utility shall TERMINATE the water/sewer service to thefollowing customers at the property locations listed effectiveDecember 19, 2016:

Utm Id Property Location Amt Due

4453-0 2132 WHEATON AVE 210.00

4485-0 1903 EDGEWOOD AVE 72.50

4609-0 632 QUAIL DR 210.00

4662-0 728 MALLARD ST 343.00

4759-0 86 SHARP ST N 384.73

4761-0 302 HARRISON AVE 80.00

4813-0 304 UNION LAKE RD 255.50

4839-0 208 SHARP ST N 216.50

5131-0 9 KEMBLE AVE 210.00

5192-0 1014 ARCHER ST 258.91

5213-0 1037 NORTH ST 273.00

5221-0 111 SHARP ST N 210.00

5270-0 30 FOUNDRY ST W 231.00

5275-0 16 FOUNDRY ST W 450.50

5281-0 1012 BUCK ST 273.00

5331-0 918 NORTH ST 88.34

5370-0 117 FOUNDRY ST W 269.50

5405-0 902 BUCK ST 241.50

5430-0 12 MCNEAL ST E 210.00

5435-0 909 BUCK ST 201.51

5450-0 808 3RD ST N 210.00

5457-0 801 2ND ST N 210.00

5459-0 807 2ND ST N 283.74

5465-0 209 E ST 174.37

5528-0 816 HIGH ST N 710.48

5546-0 11 MCNEAL ST W 122.53

5551-0 4 GREEN ST W 154.03

5558-0 24 GREEN ST W 243.20

5595-0 236 GREEN ST W 210.00

5604-0 209 MCNEAL ST W 433.76

5629-0 418 GREEN ST W 200.90

5632-0 825 COLUMBIA AVE 217.00

5655-0 300 POWELL ST W 210.00

5673-0 128 DEPOT ST W 160.92

5732-0 641 BUCK ST 226.50

5737-0 17 POWELL ST E 212.70

5750-0 108 BROAD ST W 159.89

5755-0 124 BROAD ST W 770.00

5762-0 615 CHURCH ST 245.00

5809-0 925 3RD ST N 231.00

5822-0 324-326 F ST 543.16

5849-0 900 5TH ST N 318.83

5851-0 402-404 F ST 257.13

5852-0 901 5TH ST N 212.14

5854-0 907 5TH ST N 246.59

5864-0 510 F ST 210.00

5887-0 908 8TH ST N 142.10

5905-0 802 F ST 210.00

5909-0 907 G ST 160.00

5919-0 901 F ST 227.90

5925-0 904 E ST 210.00

5961-0 607 F ST 228.33

5963-0 611 F ST 255.50

5969-0 604 E ST 249.00

5974-0 803 5TH ST N 578.67

5980-0 815 5TH ST N 207.90

6001-0 816 5TH ST N 210.00

6007-0 804 5TH ST N 209.50

6089-0 702 9TH ST N 213.49

6095-0 704 10TH ST N 217.00

6118-0 814 BROAD ST E 220.50

6129-0 710 BROAD ST E 213.50

6135-0 705 D ST 217.00

6139-0 605 7TH ST N 252.00

6154-0 409 D ST 274.07

6168-0 322 BROAD ST E 276.50

6191-0 613 3RD ST N 202.09

6220-0 924 BARBARA TERR 210.00

6232-0 920 HILL LN 245.00

6261-0 1031 PINEVIEW TERR 155.00

6262-0 1027 PINEVIEW TERR 236.77

6273-0 924 PINEVIEW TERR 224.00

6274-0 926 PINEVIEW TERR 248.16

6295-0 1201 HANCE BRIDGE RD 90.00

6384-0 519 SHARP ST N 73.38

6387-0 513 SHARP ST N 213.50

6403-0 576 COLUMBIA AVE 210.00

6406-0 570 COLUMBIA AVE 388.00

6428-0 504 COLUMBIA AVE 274.24

6445-0 549 COLUMBIA AVE 230.50

6548-0 530 2ND ST N 210.00

6550-0 520-522 2ND ST N 499.99

6551-0 516 2ND ST N 560.95

6555-0 500 2ND ST N 230.20

6580-1 208 OAK ST E 368.76

6580-2 208 OAK ST E 457.50

6642-0 18 VINE ST E 210.00

6652-0 421 BUCK ST 224.00

6667-0 411 DOCK ST 231.27

6675-0 25 VINE ST E 245.00

6679-0 124 MULBERRY ST 165.00

6704-0 301 2ND ST N 295.56

6708-0 223 VINE ST E 287.00

6729-0 533 3RD ST N 133.44

6747-0 405 BROAD ST E 377.00

6749-0 409 BROAD ST E 221.07

6778-0 501 BROAD ST E 530.00

6786-0 520 6TH ST N 210.00

6794-0 514 OAK ST E 231.00

6812-0 509 OAK ST E 124.45

6841-0 427 4TH ST N 210.00

6866-0 320 VINE ST E 205.37

7099-0 515 10TH ST N 269.50

7105-0 501 10TH ST N 191.60

7145-0 809 OAK ST E 210.00

7160-0 722 VINE ST E 140.74

7198-0 523 6TH ST N 201.84

7215-0 715 BROAD ST E 198.89

7227-0 513 7TH ST N 114.61

7228-0 515 7TH ST N 207.67

7231-0 523 7TH ST N 248.91

7234-0 805 BROAD ST E 68.38

7245-0 500 9TH ST N 159.00

7280-0 1203 BROAD ST E 109.57

10167-2 901-903 NORTH ST 46.44

10247-0 13 VINE ST E 301.00

10347-2 529-531 5TH ST N 370.00

10375-1 308-310 D ST 233.48

10375-2 308-310 D ST 304.44

10526-2 400 FOUNDRY ST W 243.41

10533-1 108-110 OAK ST E 210.00

10533-2 108-110 OAK ST E 227.50

11346-0 19 OAK ST E 210.02

11371-0 512 SHARP ST N 336.00

11455-0 16 BROAD ST W 233.26

11655-0 1913 EDGEWOOD AVE 90.98

11854-0 2024 EASY ST 227.60

11871-0 2052 EASY ST 463.91

11890-0 2032 MILLER AVE 86.95

11962-0 2037 EASY ST 208.29

12016-0 913 EASY ST 265.61

12018-0 2028 EASY ST 212.55

12034-0 2053 EASY ST 30.00

12167-0 904 DOCK ST 230.11

12179-0 2036 EASY ST 227.50

12303-0 1509 G ST 217.00

12312-0 1517 G ST 210.00

12401-0 715 OVERBROOK AVE 273.00

12460-0 600 DOVE DR 262.50

12476-0 105 MCNEAL ST W 238.00

4910-0 1306 HIGH ST N 210.00

5289-0 1022-1024 HIGH ST N 210.00

5426-0 902 HIGH ST N 185.00

5808-0 923 3RD ST N 210.00

6538-1 531-533 HIGH ST N 210.00

6538-2 531-533 HIGH ST N 345.00

6539-0 545 HIGH ST N 735.54

10522-1 622 HIGH ST N 210.00

10522-2 622 HIGH ST N 234.50

10676-2 221 BROAD ST E 75.36

10733-1 GLASSTOWN RD 54.59

2) That the termination shall remain in effect until the Properties listed above are in fullcompliance with the utility ordinance and all water/sewer user charges includinginterest due the City of Millville have been paid in full together with any turn on andturn off charges authorized by the Municipal Code; in CASH, MONEY ORDER orCERTIFIED FUNDS.

3) That a copy of this Resolution shall be mailed to the property owners last knownaddress and a copy posted on the property where the water/sewer service is to beterminated.

Moved By: ___________________________

Seconded By: _________________________

VOTING In Favor Against Abstain AbsentMichael SantiagoLynne Porreca CompariDavid W EnnisJoseph SooyWilliam Davis

CERTIFICATION I certify that the foregoing is a true copy of Resolution adopted by the

Board of Commissioners, of the City of Millville, in the County ofCumberland, at a meeting thereof held on December 6, 2016.


RESOLUTION_____________

WATER/SEWER TERMINATION NOTICE

WHEREAS, Section 56-18 of the Municipal code of the City of Millvilleauthorizes the termination of service to a customer where compliance with the UtilityOrdinance is in default; and

WHEREAS, Section 56-52 outlines the procedural requirements whichmust be satisfied by the City before water service may be terminated for failure tocomply with the Utility Ordinance; and

WHEREAS, a Notice of Violation was served on the followingcustomers of the Water/Sewer Utility as required by the aforesaid Ordinance; and

WHEREAS, an Order to Show Cause for termination of services wasserved on the following customers of the Water/Sewer Utility in accordance with therequirements of the Ordinance; and

WHEREAS, a hearing is to be held before the Public Works Committeeon Tuesday, November 29, 2016 regarding the termination of water/sewer service as aresult of the failure to comply with the Utility Ordinance for the following customers ofthe Water/Sewer Utility, and the Board of Commissioners finds that all procedural dueprocess requirements required by the Ordinance were satisfied, and that the followingcustomers of the Water/Sewer Utility are not in compliance with said Ordinance.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MILLVILLE:

1) That the Water/Sewer Utility shall TERMINATE the water/sewer service to the

property location listed effective December 19, 2016:

Acct Owner Property Loc

625-0 MERCADO, CYNDIA 1212 W MAIN ST

1023-0 REILLY, DEVIN W 1514 FAIRTON RD

1433-0 CONICELLO, GREGORY & BARBARA 14 ALEX DR

1678-0 ALCOTT, PATRICK A & WANDA K KENNEDY 324 LLOYD TERR

1841-0 HOLMES, KEVIN & VICTORIA 466 RHONDA DR

1933-0 MAUL, JAMES R; JR & KELLIE A 719 W MAIN ST

2057-0 BONDI, JACK M & CAROL ANN 102 GINGER AVE

2102-0 O'DONNELL, JAMES P 1111 CEDARBROOK AVE

2182-0 RUSSICK, DUANE & BARBARA DURFEE 814 CEDAR ST

2) That the termination shall remain in effect until the properties listed above are incompliance with the utility ordinance; the water meter must be repaired or replaced andany turn on and turn off charges authorized by the Municipal Code has been paid in full.

3) That a copy of this Resolution shall be mailed to the property owners last knownaddress and a copy posted on the property where the water/sewer service is to beterminated.

Moved By: ___________________________

Seconded By: _________________________

VOTING In Favor Against Abstain Absent

Michael SantiagoLynne Porreca CompariDavid W EnnisJoseph SooyWilliam Davis

CERTIFICATIONI certify that the foregoing is a true copy of Resolution adopted by theBoard of Commissioners, of the City of Millville, in the County ofCumberland, at a meeting thereof held on _________________.

___________________________

RESOLUTION NO. ______________

RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OFMILLVILLE;

1. That the following officers and employees shall be and hereby appointed by this Board, and unless sooner removed shall hold her respective offices and employment for the several terms hereinafter designated, to wit:

Office of Employment Name of Appointees Term of Appointment

Official Municipal Jeanne M. Hitchner One year term Assessment Search Officer Expires 12/6/2017

Official Tax Search Sherri Ball One year termOfficer Expires 12/6/2017

2. Each said officer and employee shall receive the salary or compensation heretofore fixed by the Board of Commissioners of this City and if required to give bond the same shall be in the sum heretofore fixed by the Board. Said salary or compensation shall be paid at the times and by warrants on the Treasurer, signed and countersigned in the manner heretofore provided.

3. The several terms or tenures of the officers appointed or continued in office under the terms of this resolution shall be subject to the provisions of Section Four of Resolution No. 1, adopted June 6, 1913 and said employee may at any time be removed at the pleasure of the Board unless otherwise provided bystatute.




CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held ______________.


RESOLUTION

BE IT RESOLVED (not less than 2/3 of members

affirmatively concurring) BY THE BOARD OF

COMMISSIONERS OF THE CITY OF MILLVILLE:

That the following transfer be made in the CY2016 budget

appropriation:

CURRENT From ToInformation Technology - OE 18,000.00

Bond Interest 10,000.00

Bond Principal 10,000.00

Fire-OE 18,000.00

WATER From To


Bond Principal 5,000.00

SEWER From To


Bond Principal 5,000.00Moved By:Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held December 6, 2016.

_________________________Jeanne M Hitchner, City Clerk


STATE OF NEW JERSEY

RESOLUTION NO. R -2016

WHEREAS, the Board of Commissioners of the City ofMillville approved a Professional Services Contract with GPMAssociates (hereinafter “Contractor”) for the purpose of assistingthe City of Millville Water Utilities in the preparation andsubmittal of water utility plans required by the New JerseyDepartment of Environmental Protection by Resolution No. 303-2016 adopted on September 20, 2016; and

WHEREAS, the State of New Jersey, Department ofEnvironmental Protection (hereinafter “NJDEP”) also is requiringthe City to submit a Lead and Cooper Sampling Plan and WaterAuthority Quality Parameter Monitoring Plan and the City willrequire the services of GPM Associates for its assistance in thepreparation and submittal of these plans to the NJDEP; and

WHEREAS, the original contract was awarded on a non-fair and open basis; and

WHEREAS, the Chief Financial Officer has certified theavailability of funds; and

NOW THEREFORE, BE IT RESOLVED by the Board ofCommissioners of the City of Millville, County of Cumberlandand State of New Jersey that:

1. That the First Amendment to the Professional ServicesContract between the City of Millville and GPM Associates ishereby approved with an additional consideration not to exceed$14,000.00.

2. The Mayor and City Clerk are hereby authorized toexecute the First Amendment to the Professional ServicesContract.

Moved By: ______________________________

Seconded By: ___________________________

VOTING

Michael Santiago

Lynne Porreca

Compari

David W. Ennis

Joseph Sooy

William Davis


CERTIFICATION

I certify that the foregoing is a true copy of a Resolutionadopted by the Board of Commissioners, of the City of Millville inthe County of Cumberland, at a meeting thereof held on___________________, 2016.

PROFESSIONAL SERVICES CONTRACTGPM ASSOCIATES

WHEREAS, the Board of Commissioners of the City of Millville Water Utility isrequired to develop and submit an updated Emergency Response Plan (hereinafter“ERP”) to the New Jersey Department of Environmental Protection under the USEPAPublic Health Security Bioterrorism and Response Act of 2002 and the NJDEP WaterAllocation Permit Regulations; and

WHEREAS, the Board of Commissioners of the City of Millville (hereinafter“Municipality”) desires to retain the services of GPM Associates to assist the Municipalityin the preparation and submittal of an ERP for the City’s water utility; and

WHEREAS, this contract is being awarded on a non-fair and open basis as aProfessional Services Contract in an amount not to exceed the sum of $5,500.00 and istherefore consistent with City Ordinance Section 2-64.3; and

It is therefore agreed by the parties based upon the mutual covenants setforth below as follows:

ARTICLE 1. PURPOSE OF AGREEMENT

The Municipality desires to appoint GPM Associates to assist the Municipality inthe preparation and submittal of an ERP for the City’s water utility.

ARTICLE II. SCOPE OF SERVICES

The Contractor will provide services to the Municipality in accordance with theproposal prepared by Contractor dated September 1, 2016, a copy of which isincorporated herein by reference thereto.

ARTICLE III. MUNICIPAL RESPONSIBILITY

The Municipality, through its employees, shall cooperate with the Contractor andprovide any information available to it which will assist the Contractor in theperformance of the Scope of Services including the providing of available data,background information and representatives for meetings or negotiations as requestedby the Contractor.

ARTICLE IV. CONSIDERATION AND METHOD OF PAYMENT

The Contractor will be compensated in accordance with the 2016 Preferred ClientFee and Rate Schedule attached to its aforesaid proposal dated September 1, 2016,however, in an amount not to exceed $5,500.00. Billing likely to exceed said amount

shall require further authorization.

Billing shall be made by Voucher only with itemized invoice attached. Vouchersshall be submitted periodically as work is performed on not less than a monthly basis.Payment by the City shall be made within thirty (30) days of the presentation of theVoucher. If employees of the City request services from the Contractor which exceedthe Scope of Services contained in this Contract, the Contractor shall not perform theservices requested until an amendment to the Contract has been approved byResolution of the Board of Commissioners.

ARTICLE V. AFFIRMATIVE ACTION

Attachment A containing the Affirmative Action requirements is incorporatedherein.

ARTICLE VI. AMERICANS WITH DISABILITIES ACT

Attachment B containing the Americans with Disabilities Act requirements isincorporated herein.

ARTICLE VII. NON-FAIR AND OPEN CONTRACT

This contract has been awarded to the Contractor under a Non-Fair and Openprocess as a professional services contract. Attachment C containing Non-Fair andOpen Contract Contribution Prohibition Language is incorporated herein. TheMunicipality has in this case chosen to award this contract under a non-fair and openprocess as is permitted by City Code § 2-64.3 based upon the fact that the contract priceshall not exceed $5,500.00

ARTICLE VII. GENERAL PROVISIONS

1. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted,governed and enforced in accordance with the laws of the State of New Jersey withoutregard to conflicts of laws principles. The parties agree that any and all legal actionsrelating to any dispute, enforcement or other matter to be decided between themarising out of this Agreement or the subject matter hereof shall be brought in a federalor state court located in the State of New Jersey.

2. ASSIGNMENT. The Contractor agrees not to assign or transfer its rights orresponsibilities in this Contract without the prior written consent of the City.Furthermore, the Contractor agrees not to delegate to others any duties orresponsibilities which it has under the terms of this Contract except that it may engageother professionals to assist in the prosecution of the work if there are no employees onstaff capable of performing the work.

3. BENEFICIAL INTEREST. Nothing in this Contract shall be construed to giveany rights or benefits in this Contract to anyone other than the City and the Contractor.All duties and responsibilities undertaken pursuant to this Contract shall be the sole andexclusive benefit of the City and the Contractor and not for the benefit of any otherperson.

4. COMPLIANCE WITH LAW. The Contractor shall be required to comply withall applicable Federal, State, County and Local laws during the performance of thisContract.

5. CONFIDENTIAL INFORMATION. The Contractor agrees that it shall not, atany time or in any manner, either directly or indirectly, communicate to any person,corporation, firm, partnership or other legal entity any information of a confidentialnature involving the business or operations of the City of Millville unless authorized bythe appropriate city official.

6. DURATION OF CONTRACT. The duration of this Contract shall be for theperiod of one year from September 1, 2016 through to August 31, 2017.

7. INDEMNIFICATION.

A. Contractor shall indemnify, save harmless and defend the Municipality, itselected and appointed officials, its employees, agents, volunteers and others working onbehalf of the Municipality, from and against any and all claims, losses, costs, attorney’sfees, damages or injury including death and/or property loss, expense claims ordemands arising out of or caused or alleged to have been caused in any manner by adefect in any equipment or materials supplied under this Contract or by theperformance of any work under this Contract, including all suits or actions of every kindor description brought against the Municipality, either individually or jointly withContractor for or on account of any damage or injury to any person or persons orproperty, caused or occasioned or alleged to have been caused by, or on account of, theperformance of any work pursuant to or in connection with this Contract, or throughany negligence or alleged negligence in safeguarding the work area, or through any act,omission or fault or alleged act, omission or fault or alleged act, omission or fault of theContractor, its employees, SubContractors or agents or others under the Contractor’sContract.

8. INSURANCE

A. Notwithstanding the indemnification and defense obligations of theContractor, Contractor shall purchase and maintain such insurance described in theattached schedule and as is appropriate for the work being performed and furnishedand as will provide protection from any and all covered claims which may arise out of orbe caused or alleged to have been caused in any manner from Contractor’sperformance and furnishing of the Work and Contractor’s other obligations under theContract Documents, whether it is to be performed or furnished by Contractor, by any

SubContractor, by anyone directly or indirectly employed by any of them to perform orfurnish any of the Work, or by anyone for whose acts any of them may be liable.

B. The schedule of insurance and the limits of liability for the insurance shallprovide coverage for not less than amounts specified in the attached schedule orgreater where required by law. See Schedule of Insurance attached as Attachment D.

9. STANDARD OF CARE. The Contractor shall perform the Scope of Services ina professional manner consistent with generally accepted principles established for itsprofession. The professional services often require decisions which are not based uponexact science, but rather skilled judgment. The Contractor shall use that degree of careand skill normally exercised in the profession under similar circumstances at the timethe services are rendered. This standard of care shall not be judged according to laterstandards. No express or implied warranty or representation is provided as to thesuccess or issuance of any approvals or permits for any application submitted by or onbehalf of the City based in whole or in part upon the plans, designs, or documentsprepared by the Contractor.

10. TERMINATION OF CONTRACT. The City reserves the right to terminate thisProfessional Services Contract at any time upon thirty (30) days notice to the Contractor.In the event that the Contract is terminated, or the project is abandoned, the City shallbe responsible for the payment for all work performed by the Contractor to the point oftermination.

11. ENTIRE AGREEMENT. This Contract represents the entire agreementbetween the parties. No amendment to this Contract shall be valid unless it is made inwriting and executed by the parties and approved by Resolution of the Board ofCommissioners.

CITY OF MILLVILLE


ATTEST:

________________________________Susan G. Robostello, City Clerk

WITNESS:

________________________________ By:_________________________________ GPM Associates

ATTACHMENT “A”AFFIRMATIVE ACTION COMPLIANCE NOTICE

N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS AND SERVICES CONTRACT(INCLUDING PROFESSIONAL SERVICES)

This form is a summary of successful bidder’s requirement to comply with the requirements ofN.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.

The successful bidder shall submit to the public agency, after notification of award but prior toexecution of this contract, one of the following three documents as forms of evidence:

(a) A photocopy of a valid letter that the contractor is operating under an existingFederally approved or sanctioned affirmative action program (good for one year fromthe date of the letter);

OR

(b) A photocopy of a Certificate of Employee Information Report approval, issued inaccordance with N.J.A.C. 17:27-4;

OR

(c) A photocopy of an Employee Information Report (Form AA302) provided by theDivision and distributed to the public agency to be completed by the contractor inaccordance with N.J.A.C. 17:27-4.

The successful vendor may obtain the Affirmative Action Employee Information Report(AA302)from the contracting unit during normal business hours.

The successful vendor(s) must submit the copies of the AA302 Report to the Division of ContractCompliance and Equal Employment Opportunity in Public Contracts (Division). The PublicAgency copy is submitted to the public agency, and the vendor copy is retained by the vendor.

The undersigned vendor certifies that he/she is aware of the commitment to comply with therequirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the requiredforms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 andN.J.A.C. 17:27-1 et seq.

COMPANY:______________________________ SIGNATURE:_____________________________

PRINT NAME:___________________________ TITLE:____________________________________

DATE:___________________________________

ATTACHMENT B

AMERICANS WITH DISABILITIES ACT OF 1990GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

PURSUANT TO 42 U.S.C. SECTION 12101, et seq.

1. The Contractor and the City do hereby agree that the provisions of Title II ofthe Americans with Disabilities Act of 1990 (the Act) (42 USC Section 12101 et seq.) thatprohibits discrimination on the basis of disability by public entities in all services,programs, and activities provided or made available by public entities, and the rules andregulations promulgated pursuant thereto, are made a part of this Contract. Inproviding any aid, benefit, or service on behalf of the City pursuant to this contract, theContractor agrees that the performance shall be in strict compliance with the Act.

2. In the event that the Contractor, its agents, servants, employees, orsubcontractors violate or are alleged to have violated the Act during the performance ofthis Contract, the Contractor shall defend the City in any action or administrativeproceeding commenced pursuant to the Act. The Contractor shall indemnify, protect,and save harmless the City, its agents, servants and employees from and against anyand all suits, claims, losses, demands, or damages of whatever kind or nature arising outof or claimed to arise out of the alleged violation. The Contractor shall, at its ownexpense, appear, defend and pay any and all charges for legal services and any and allcosts and other expenses arising from such action or administrative proceeding orincurred in connection therewith. In any and all complaints brought pursuant to theCity’s grievance procedure, the Contractor agrees to abide by the decision of the Citythat is rendered pursuant to said grievance procedure. If any action or administrativeproceeding results in an award of damages against the City, or if the City incurs anyexpense to cure a violation of the Act that has been brought pursuant to its grievanceprocedure, the Contractor shall satisfy and discharge the same at its own expense.

3. The City shall, as soon as practicable after a claim has been made against it,give written notice thereof to the Contractor along with full and complete particulars ofthe claim. If any action or administrative proceeding is brought against the City, or anyof its agents, servants, and employees, the City shall expeditiously forward or haveforwarded to the Contractor every demand, complaint, notice, summons, pleading, orother process received by the City or its representatives.

4. It is expressly agreed and understood that any approval by the City of theservices provided by the Contractor pursuant to the contract will not relieve theContractor of the obligation to comply with the Act, and to defend, indemnify, protect,and save harmless the City pursuant to this paragraph.

5. It is further agreed and understood that the City assumes no obligation to

indemnify or save harmless the Contractor, its agents, servants, employees andsubcontractors for any claim that may arise out of their performance of this contract.Furthermore, the Contractor expressly understands and agrees that the provisions ofthis indemnification clause shall in no way limit the Contractor’s obligations assumed inthis contract, nor shall it be construed to relieve the Contractor from any liability, norpreclude the City from taking any other actions available to it under any otherprovisions of this contract or otherwise at law.

ATTACHMENT C

NON-FAIR AND OPEN CONTRACTCONTRIBUTION PROHIBITION LANGUAGE

NJSA 19:44A-20.4 et seq.

1. On January 1, 2006, NJSA 19:44A-20.4 et seq. took effect. Known as the Pay-To-Play Law, these statutes make important and wide-ranging changes to the way NewJersey Municipal and County Government Agencies acquire certain goods and services.The Law reflects the following principles for contracts having an anticipated value inexcess of $17,500.00. A Municipal or County Government Agency cannot award acontract without using a fair and open process if the contractor is a contributor to acandidate committee or a political party committee where a member of the party isserving in an elective public office of that Municipality or County, and, either madereportable contributions (those in excess of $300.00) during the year prior to the awardof the contract, and/or makes reportable contributions during the life of the contract.

2. This contract has been awarded to the contractor based on the merits andabilities of the contractor to provide the goods or services as described herein. Thiscontract was not awarded through a “fair and open process” pursuant toNJSA 19:44A-20.4 et seq. As such, the contractor executing this contract does herebyattest that the contractor, its subsidiaries, assigns or principals controlling in excess of10% of the company has neither made a contribution, that is reportable pursuant to theElection Law Enforcement Commission pursuant to NJSA 19:44A-8 or 19:44A-16 in theone (1) year period preceding the award of the contract that would, pursuant to thePay-To-Play Law, affect its eligibility to perform this contract. Furthermore, it will notmake a reportable contribution during the term of this contract to any political partycommittee in the City of Millville if a member of that political party is serving in anelective public office of the City of Millville when the contract is awarded, or to anycandidate committee of any person serving in an elective public office of the City ofMillville when the contract is awarded.

ATTACHMENT DSchedule of Insurance

A. Workers Compensation. Statutory coverage and limits in compliance with theWorkers’ Compensation Law of the State of New Jersey.

B. General Liability Including Products & Completed Operations. With theminimum combined single limit of liability per occurrence for bodily injury andproperty damage of one million ($1,000,000) dollars with a minimum annualaggregate of two million ($2,000,000) dollars. Municipality shall be named as“Additional Insured”.

C. Errors and Omissions/Professional Liability. A minimum limit of liability ofone million ($1,000,000) dollars per incident and an annual aggregate of twomillion ($2,000,000.00) dollars.

D. Automobile Liability. A minimum of one million ($1,000,000.00) dollarscombined single limit of Bodily Injury and Property Damage Liability.Municipality shall be name as an “additional insured”.

Failure by the Contractor to supply such written evidence of required insuranceand to maintain same for the duration of this contract shall result in defaultunder this contract.

The insurance companies for the above coverages must be licensed by the Stateof New Jersey and acceptable to the “Municipality”. The “Contractor” shall takeno action to cancel or materially change any of the insurance required under thisContract without the “Municipality’s” prior approval. The maintenance ofinsurance under this section shall not relieve the “Contractor” of any liabilitygreater than the limits or scope of the applicable insurance coverage.

Resolution No. __________

WHEREAS, the Governing Body of the City of Millville is a memberof the Atlantic County Municipal Joint Insurance Fund, hereinafter referredto as the “FUND”; and

WHEREAS, the FUND requires that a Transitional Duty Policy is adopted and a Transitional Duty Coordinator is designated to signify the individual with the ultimate decision making authority in this process; and

WHEREAS, the Transitional Duty Coordinator as with many other personnel processes may delegate the responsibility to a “Designee” as deemed appropriate; and

WHEREAS, the Governing Body of the City of Millvillerecommends the Personnel Officer to serve as the Transitional Duty Coordinator.

NOW THEREFORE, be it resolved by the governing bodyof the City of Millville that it does hereby appoint Pamela Shapiro as Transitional Duty Coordinator for the City of Millville.

Moved By:

Seconded By:



CERTIFICATION

I hereby certify that the foregoing is a true copy of Resolution adopted by the Board of Commissioners of the City of Millville, in the County of Cumberland, at a meeting thereof held __________________.


RESOLUTION NO. _________

WHEREAS, the Governing Body of the City of Millvillehereinafter referred to as “MUNICIPALITY” is a member of theAtlantic County Municipal Joint Insurance Fund, hereinafterreferred to as the “FUND”; and

WHEREAS, the bylaws of the FUND require that in themanner generally prescribed by law, each member shall appointone (1) Fund Commissioner to the Fund. Each FundCommissioner shall be either a member of the local unit’sgoverning body or one of its employees and that no individualmay serve as Fund Commissioner for more than one (1)member; and

WHEREAS, N.J.A.C. 11:15-2.6 states that a FundCommissioner who is a member of the appointing local unit’sGoverning Body, shall hold office for two years or for theremainder of his/her term of office as a member of the local unit’sgoverning body, whichever shall be less; and

WHEREAS, N.J.A.C. 11:15-2.6 states that a FundCommissioner who is an employee of the appointing membershall hold office at the pleasure of the member and can beremoved by the member at any time without cause; and

WHEREAS, the Governing Body of the City of Millvillerecommends the appointment of Regina Burke to serve as FundCommissioner in accordance with the FUND Bylaws.

NOW, THEREFORE, be it resolved that the GoverningBody of the City of Millville does hereby appoint Regina Burke asFund Commissioner to the Atlantic County Municipal JointInsurance Fund.

Moved By: ______________________________

Seconded By: ___________________________

VOTINGMichael Santiago


David W. Ennis

Joseph Sooy

William Davis


CERTIFICATION

I certify that the foregoing is a true copy of a Resolutionadopted by the Board of Commissioners, of the City of Millville inthe County of Cumberland, at a meeting thereof held on___________________, 2016.
