E This meeting was held in person and via virtual audio. SUNSHINE STATEMENT Municipal Clerk Lori Nienstedt read the following: Notice of this meeting has been sent to two newspapers of general circulation in which notice was given of the date, time, place, and general agenda in accordance with the Open Public Meetings Act. This agenda is subject to change by the order of the Township of Frankford Committee before and/or during this scheduled meeting. ROLL CALL The meeting was called to order by Municipal Clerk, Lori Nienstedt. Those present were Committeeman Ayers, Committeeman Carney, Committeeman Castimore, Committeeman Civitan, and Committeeman Risdon. The FLAG SALUTE was conducted by Municipal Clerk, Lori Nienstedt. DETERMINATION OF THE BOARD OF COUNTY CANVASSERS The Statement of Determination of the Board of County Canvassers for Sussex County was read by Ms. Nienstedt, declaring Committeeman James Ayers and Committeeman Chris Carney duly elected at the November 3, 2020 election for a 3-year term beginning January 1, 2021. OATH OF OFFICE ADMINISTERED BY TOWNSHIP CLERK Ms. Nienstedt administered the oath of office to Committeeman Chris Carney, with the Bible being held by his son, Kayden. Ms. Nienstedt administered the oath of office to Committeeman Ayers at the Municipal Building on the morning of January 5, 2021. NOMINATION FOR MAYOR FOR THE YEAR 2021 Nominations were accepted for the position of Mayor by Ms. Nienstedt. Committeeman Carney made a motion to nominate Committeeman Civitan for the position of Mayor, seconded by Committeeman Ayers. Roll-call vote – Ayes: Committeeman Ayers, Committeeman Carney, Committeeman Civitan. Nays: Committeeman Castimore, Committeeman Risdon. ANNUAL REORGANIZATION MEETING TUESDAY, JANUARY 5, 2021 – 7PM MEETING MINUTES
NOMINATION FOR DEPUTY MAYOR FOR THE YEAR 2021 Nominations for Deputy Mayor were accepted by Ms. Nienstedt. Committeeman Carney made a motion to nominate Committeeman Risdon for the position of Deputy Mayor, seconded by Committeeman Castimore. Roll-call Vote – Ayes: Committeeman Ayers, Committeeman Carney, Committeeman Castimore, Mayor Civitan, Committeeman Risdon. Committeeman Risdon accepted the nomination and was administered the oath of office by Ms. Nienstedt. APPOINTMENT OF MUNICIPAL CLERK LORI NIENSTEDT Resolution 2021-010 – Appointment of Municipal Clerk Lori Nienstedt for 3-year term A motion to appoint Lori Nienstedt as Municipal Clerk for Frankford Township for a 3-year term was made by Committeeman Carney, seconded by Deputy Mayor Risdon. Roll-Call Vote – Ayes: Mayor Civitan, Deputy Mayor Risdon, Committeeman Ayers, Committeeman Carney, and Committeeman Castimore. With all ayes and no nays, motion carried. OATH OF OFFICE FOR MUNICIPAL CLERK LORI NIENSTEDT Mayor Civitan administered the oath of office to Ms. Nienstedt, with her husband holding the Bible. FRANKFORD TOWNSHIP VOLUNTEER FIRE DEPARTMENT OATHS OF OFFICE Oaths of office were administered to the 2021 officers of the Frankford Township Volunteer Fire Department. Missing from this were Robert Kiefer, Chuck McDermott, and Robert Peer. They will reach out to Ms. Nienstedt at a later date to have their oath administered to them. CONSENT AGENDA RESOLUTIONS 1. Resolution 2021-001 - Appointing Compensated Positions 2. Resolution 2021-003 – Establishing Annual Meeting Schedule 3. Resolution 2021-004 – Designating Authorizing Signatures 4. Resolution 2021-005 – Designating Official Newspapers 5. Resolution 2021-006 – Authorizing Municipal Assessor and Municipal Attorney to defend before the Sussex County Board of Taxation and Tax Court of the State of New Jersey 6. Resolution 2021-007 – Designation of Official Depositories/Authorize Signatures 7. Resolution 2021-011 – Canceling Certain Tax Balances 8. Resolution 2021-012 – Authorizing Imposition of Additional Penalties for Tax Delinquencies in Excess of $10,000.00 Motion was made to approve by Deputy Mayor Risdon, seconded by Committeeman Castimore. Roll Call Vote – Ayes: Committeeman Castimore, Committeeman Ayers, Committeeman Carney, Deputy Mayor Risdon, Mayor Civitan. With all ayes and no nays, motion carried.
APPOINTING NON-COMPENSATED POSITIONS and COMMITTEE LIAISONS Resolution 2021-002 - Appointing Non-Compensated Positions (Land Use, Open Space, Parks Commission, Economic Development) Motion to accept by Committeeman Castimore, seconded by Committeeman Carney. Roll-Call Vote – Ayes: Committeeman Ayers, Mayor Civitan, Deputy Mayor Risdon, Committeeman Castimore. With all ayes and no nays, motion carried. APPOINTMENT OF PROFESSIONAL SERVICES Resolution 2021-008 – Award of Contract for Professional Services in accordance with the Local Public Contracts Law – Municipal Attorney, Municipal Auditor, Bond Counsel, Municipal Insurance Provider Motion to accept by Deputy Mayor Risdon, seconded by Committeeman Carney. Roll-Call Vote – Ayes: Committeeman Castimore, Deputy Mayor Risdon, Committeeman Ayers, Mayor Civitan, and Committeeman Carney. With all ayes and no nays, motion carried. Committeeman Carney made a motion to have Ms. Nienstedt send a letter to the Land Use Board recommending Ursula Leo as the Land Use Board Attorney, seconded by Mayor Civitan. Roll-call Vote – Ayes: Committeeman Ayers, Committeeman Carney, Deputy Mayor Risdon, Mayor Civitan. Nays: Committeeman Castimore. With a majority of ayes, motion carried. TEMPORARY BUDGET APPROVAL Resolution 2021-009 – 2021 Temporary Budget (to be read in full) Mayor Civitan read the resolution for Temporary Budget Approval in full. Motion to accept by Committeeman Castimore, seconded by Committeeman Carney. Roll-call Vote – Ayes: Committeeman Ayers, Committeeman Castimore, Deputy Mayor Risdon, Committeeman Carney, Mayor Civitan. With all ayes and no nays, motion carried. TOWNSHIP COMMITTEE LIAISONS TO EXTERNAL ORGANIZATIONS The following liaisons will be representing the external organizations listed below: • Blue Ridge Rescue Squad - Mayor Civitan and Committeeman Ayers • Board of Education - Committeeman Carney, Mayor Civitan • Economic Partnership – Committeeman Ayers • Municipal Alliance – Committeeman Ayers • State Planning Commission – Committeeman Castimore, Mayor Civitan • Sussex County Farm and Horse Show – Mayor Civitan, Deputy Mayor Risdon • Volunteer Fire Department – Committeeman Castimore, Mayor Civitan • Willow Glen Academy – Mayor Civitan • Police Director – Committeeman Carney
FROM THE PUBLIC Motion to open to the Public by Committeeman Castimore, seconded by Mayor Civitan. All in favor, motion carried. Mike Fox of 44 Beemerville Road, congratulated Mayor Civitan and Deputy Mayor Risdon on their appointments. Additionally, he congratulated Ms. Nienstedt on her appointment to Municipal Clerk. A motion to close to the public made by Committeeman Castimore, seconded by Mayor Civitan. Committeeman Carney discussed his meeting with the Mayors of the sending districts to High Point Regional High School with regard to reestablishing the school election dates. ADJOURNMENT Motion to adjourn by Committeeman Castimore, seconded by Committeeman Carney. All in favor. Motion carried. ATTEST: ____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021-001 ONE YEAR COMPENSATED APPOINTMENTS WHEREAS, it is necessary to appoint various persons to fill the numerous positions of authority in the Township of Frankford for the year 2021. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Frankford that the following appointments be made for the following offices, with the terms being until December 31, 2021: Administrator – Lori Nienstedt Animal Control Officer – Mike Flood Assessment Search Officer - Lori Nienstedt Board of Health Secretary – Diane Brauchle Building Sub-code Official – Bob Huber Certified Recycling Coordinator – Diane Brauchle Clean Communities Coordinator – Diane Brauchle Construction Official – Bob Huber Construction Office Secretary – Ann Bell Deputy Clerk - Diane Brauchle Deputy Registrar - Lori Nienstedt Dog Licensing Official – Diane Brauchle Electrical Sub-Code Official – Andrew Simonis Fire Sub-Code Official – Joseph Serrecchia Fire Prevention Official – Bernard Kotchkowski Land Use Administrator - Sharon Yarosz OEM Deputy Coordinator - Scott Klosterhoff Office Assistant – Katie Radler Office Manager – Lori Nienstedt Open Space Secretary – Katie Radler Plumbing Sub-code Official – Bob Huber Prosecutor – Peter Laemers Asst. Prosecutor – Michael Hannifan, Sr. Public Defender – David H. Dumbroff Recycling Center Supervisor– Keith Whitehead Registrar – Diane Brauchle Sergeant-at-arms – Terrence Snyder Sergeant-at-arms – Jeffrey Willis Zoning Officer – Ann Bell CERTIFICATION I certify the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at the annual reorganization meeting held on January 5, 2021. ATTEST: Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021-002 RESOLUTION APPOINTING NON-COMPENSATED POSITIONS AND COMMITTEE LIAISONS TO SUB-COMMITTEES WHEREAS, it is necessary to appoint various persons to fill various positions on various boards, committees and commissions of the Township of Frankford, as required by the various ordinances adopted in connection therewith: NOW, THEREFORE, BE IT RESOLVED by the Mayor of the Township of Frankford that the following persons be appointed to the Frankford Land Use Board for terms as set forth:
Mayor - Class I Nick Civitan 1 yr
Member of Township
Committee - Class II Ed Risdon 1 yr
Township Employee - Class III Ann Bell 1 yr
Alternate #2 Ty Kobis 2 yr
Alternate #4 Marcantonio Macri 2 yr
BE IT FURTHER RESOLVED that the following be appointed to the Frankford Open Space Committee:
Land Use Board Member Dana French 1 yr
Land Use Board Member Michael Dolan 1 yr
Park Commission Member Faith Healy 1 yr
Regular Member Sherman Tomasino 3 yr
Engineer Harold Pellow & Associates 1 yr
Attorney Kevin Benbrook 1 yr
Committee Liaison Jim Ayers 1 yr
Committee Liaison Ed Risdon 1 yr
BE IT FURTHER RESOLVED that the following be appointed to the Frankford Park Commission:
Regular Member John Preste 2 yr
Regular Member Faith Healy 2 yr
Committee Liaison Chris Carney 2 yr
Committee Liaison Nick Civitan 2 yr
Engineer Harold Pellow & Associates 1 yr
BE IT FURTHER RESOLVED that the following be appointed to the Frankford Economic Development Committee:
Regular Member Peter Knipe 2 yr
Regular Member Rick Ferruggia 2 yr
Regular Member Marcantonio Macri 2 yr
Committee Liaison Chris Carney 1 yr
Committee Liaison Sam Castimore 1 yr BE IT FURTHER RESOLVED that Keith Whitehead be appointed as Frankford Township’s representative to the County Solid Waste Advisory Committee for a term of one year expiring December 31, 2021. BE IT FURTHER RESOLVED that Lori Nienstedt shall serve as Public Agency Compliance Officer and for a term of one year expiring December 31, 2021. BE IT FURTHER RESOLVED that Jim Ayers and Ed Risdon will serve as Committee Liaisons for the Municipal Offices BE IT FURTHER RESOLVED that Chris Carney and Ed Risdon will serve as Committee Liaisons for the Department of Public Works (Road Department) BE IT FURTHER RESOLVED that Ed Risdon and Sam Castimore will serve as Committee Liaisons for the Municipal Court CERTIFICATION It is hereby certified that this is a true and accurate copy of a Resolution adopted by the Township Committee of the Township of Frankford, Sussex County, NJ at the Reorganization Meeting held on January 5, 2021. _________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION 2021-003 2021 TOWNSHIP COMMITTEE MEETING SCHEDULE BE IT RESOLVED by the Township Committee of the Township of Frankford that the following schedule of meetings of the governing body of the Township of Frankford is hereby adopted: • REORGANIZATION MEETING - January 5 at 7:00 P.M. REGULAR MEETINGS – 7 P.M. WORKSHOP MEETINGS – 6 P.M. JANUARY 12 JANUARY 26 FEBRUARY 9 FEBRUARY 23 MARCH 9 MARCH 23 APRIL 13 APRIL 27 MAY 11 MAY 25 JUNE 8 JUNE 22 JULY 13 JULY 27 AUGUST 10 AUGUST 24 SEPTEMBER 14 SEPTEMBER 28 OCTOBER 12 OCTOBER 26 NOVEMBER 9 NOVEMBER 23 DECEMBER 13 DECEMBER 28 CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021 – 004 DESIGNATING AUTHORIZED SIGNATURES ON DOCUMENTS BE IT RESOLVED by the Township Committee of the Township of Frankford that the Mayor and the Municipal Clerk be and are hereby authorized to execute and deliver agreements between the Township of Frankford and any individual or corporation, either public or private; and BE IT FURTHER RESOLVED that the Mayor, the Municipal Clerk and the Treasurer are authorized to sign checks and other drafts of the Township; and BE IT FURTHER RESOLVED in the absence of the Mayor, the Deputy Mayor is authorized to sign documents or drafts of the Township. BE IT FURTHER RESOLVED that vouchers and/or purchase orders will require signatures of the Mayor, the Chief Financial Officer, and the Municipal Clerk. CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021 – 005 DESIGNATION OF OFFICIAL NEWSPAPERS BE IT RESOLVED by the Township Committee of the Township of Frankford, County of Sussex, State of New Jersey, that the following newspapers of general circulation in the Township of Frankford be designated as the official newspapers for the purpose of legal advertising and notices for the Township of Frankford in the year 2021: New Jersey Herald, Newton, NJ, The Sunday Herald, Newton, NJ, and The Star Ledger, Newark, NJ. CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION 2021-006 RESOLUTION AUTHORIZING MUNICIPAL ASSESSOR AND MUNICIPAL ATTORNEY TO DEFEND BEFORE THE SUSSEX COUNTY BOARD OF TAXATION AND TAX COURT OF THE STATE OF NEW JERSEY BE IT RESOLVED by the Governing Body of the Township of Frankford that the Municipal Assessor and Municipal Attorney are hereby authorized to defend before the Sussex County Board of Taxation and Tax Court of the State of New Jersey all contested appeals and to initiate municipal appeals to correct the Township of Frankford tax list but not limited to rollback complaints, added and omitted assessment complaints, and such other appeals as are necessary to correct the assessments for the Township of Frankford; and BE IT FURTHER RESOLVED that the Municipal Assessor and Municipal Attorney be designated as the agents of the Township of Frankford for the purpose of signing settlements of the foregoing matters by stipulation. CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION 2021-007 DESIGNATION OF OFFICIAL DEPOSITORIES/ AUTHORIZED SIGNATURES WHEREAS, N.J.S.A. 40A:5-14 mandates that the governing body of a municipal corporation shall, by resolution passed by a majority vote of the full membership thereof, designate as a depository for its monies, a bank or trust company having its business in the State of New Jersey and organized under the laws of the United States or this State. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Frankford, County of Sussex, State of New Jersey, that the following institutions are hereby designated as depositories of the Township of Frankford for the year 2021: § Provident Bank § Lakeland Bank § New Jersey Cash Management BE IT FURTHER RESOLVED that authorized signatures for depositories for the year 2021 are as follows: § Mayor or Deputy Mayor in Mayor’s Absence § Municipal Clerk or Deputy Clerk in Clerk’s Absence § Chief Financial Officer/Treasurer CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD SUSSEX COUNTY, NEW JERSEY
RESOLUTION 2021-008
A RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF FRANKFORD, RATIFYING AND AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES TO THE TOWNSHIP OF FRANKFORD.
WHEREAS, the Township Committee of the Township of Frankford will require professional services for Engineering, Legal and Auditing services; and
WHEREAS, the attached certification attests to the availability of funds for these services from general revenues of the Borough; and
WHEREAS, the Local Public Contracts Law N.J.S.A. 50A:11-5 permits a contract for Professional Services be publicly advertised:
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Frankford, County of Sussex, State of New Jersey, as follows:
1. The Mayor and Township Clerk are hereby authorized and directed to enter into a contract for the period of January 1, 2021 to December 31, 2021 with each of the following: a. Benbrook & Benbrook for legal services b. Nisovoccia LLP for auditing services c. Provident Bank Insurance services, in accordance with the contracts attached hereto Exhibit A. d. Gibbons, PC for Bond Counsel services 2. The contract is entered into without competitive bidding as a “Professional Service” contract, pursuant to the Local Public Contracts Law as the Township needs professional services within the meaning of the law, 3. Notice of this Resolution shall be published in the official newspapers of the Township of Frankford within ten (10) days of passage as required by law, pursuant to the Local Public Contracts Law
As required by N.J.S.A. 40A: 4-57, N.J.A.C 5:34-5.1 et seq and any other applicable
requirement, I, Sharon Yarosz, Chief Financial Officer of the Township of Frankford in New Jersey, have ascertained that there will be sufficient uncommitted appropriations after the 2021 Municipal Budget is adopted to award contracts to the aforementioned professional service providers, for a period of one year, January 1, 2021 to December 31, 2021. Funds for certification are therefore being made available and certified against the applicable appropriations in the 2021 Municipal Budget.
Contract Period: 2021 Sharon Yarosz, CFO
CERTIFICATION
I, Lori Nienstedt, Municipal Clerk of the Township of Frankford, County of Sussex, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Township Committee on this 5thday of January, 2021.
Lori Nienstedt,RMC
FRANKFORD TOWNSHIP SUSSEX COUNTY, NEW JERSEY RESOLUTION 2021-009 2021 TEMPORARY BUDGET WHEREAS, N.J.S. 40A:4-19 provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2021 budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided, and WHEREAS, the date of this resolution is within the first 30 days of the fiscal year, and WHEREAS, the total appropriation in the 2020 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvement and public assistance, is the sum of $3,642,115.22; and WHEREAS, 26.25% of the total appropriations in the 2020 budget, exclusive of any appropriations made for interest and debt redemption charges, capital improvements and public assistance in said budget is the sum of $956,055.00. NOW, THEREFORE, BE IT RESOLVED by the Committee of the Township of Frankford, in the County of Sussex, State of New Jersey, that the following appropriations be made and a certified copy of this resolution be transmitted to the Chief Financial Officer for his/her records. CERTIFICATION I CERTIFY the foregoing to be a true and accurate copy of a Resolution adopted by the Mayor and Committee of the Township of Frankford at their reorganization meeting held on January 5, 2021. _____________________________ Lori Nienstedt, RMC Municipal Clerk
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021-010 RESOLUTION APPOINTING LORI NIENSTEDT AS MUNICIPAL CLERK OF THE TOWNSHIP OF FRANKFORD BE IT RESOLVED, by the Frankford Township Committee, in the County of Sussex, State of Jersey, that Lori Nienstedt be and hereby is appointed pursuant to N.J.S.A. 40A:9-133 as the Municipal Clerk for a three-year term commencing January 1, 2021 and continuing through December 31, 2023.
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be submitted as may be required to the Director of the Division of Local Government Services in the Department of Community Affairs.
CERTIFICATION
I, Lori Nienstedt, Municipal Clerk and Administrator for the Township of Frankford, County of Sussex, do hereby certify that the foregoing is a true and exact copy of the Resolution adopted by the Frankford Township Committee on January 5, 2021. __________________________________ Lori Nienstedt, RMC, Municipal Clerk Administrator
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION NO. 2021-011 RESOLUTION CANCELING CERTAIN PROPERTY TAX BALANCES
WHEREAS, pursuant to NJSA 40A:5-17.1 promulgated by the State of New Jersey, all unpaid or overpaid property taxes up to the amount of $10.00 (ten dollars) can be canceled of record.
NOW, THEREFORE BE IT RESOLVED on this 5th day of January 2021 by the Township Committee of the Township of Frankford that the Tax Collector is hereby authorized and empowered, pursuant to NJSA 40A:5-17.1, to cancel and remove from the tax duplicate record, all unpaid or overpaid property taxes of less than $5.00 (five dollars).
CERTIFICATION
I, Lori Nienstedt, Municipal Clerk and Administrator for the Township of Frankford, County of Sussex, do hereby certify that the foregoing is a true and exact copy of the Resolution adopted by the Frankford Township Committee on January 5, 2021. __________________________________ Lori Nienstedt, RMC, Municipal Clerk Administrator
TOWNSHIP OF FRANKFORD COUNTY OF SUSSEX, STATE OF NEW JERSEY RESOLUTION 2021-012 AUTHORIZING IMPOSITION OF ADDITIONAL PENALTIES FOR TAX DELINQUENCIES IN EXCESS OF $10,000.00 (TEN THOUSAND DOLLARS) AND SETTING INTEREST RATES FOR DELINQUENT TAXES
WHEREAS, certain laws were enacted by the State of New Jersey which contain provisions setting the amount of the interest rate or penalties capable of being charged by the Township of Frankford on account of delinquent taxes as well as the amount required to redeem tax sale certificates; and
WHEREAS, NJSA 54:4-67 defines a tax delinquency as follows: "Delinquency means the sum of all taxes and municipal charges due on any given parcel of property covering any number of quarters or years. The governing body may also fix a penalty to be charged to a taxpayer with a delinquency prior to the end of a calendar year. The penalty so fixed shall not exceed six (6%) percent of the amount of the delinquency;" and
WHEREAS, NJSA 54:5-61 sets the amount to be charged on account of a tax sale certificate as follows: "When the taxes, interest and costs so exceed the sum of $5,000.00 (five thousand dollars), such additional sum shall be equal to four (4%) percent of such amount paid; and when that sum shall exceeds the sum of $10,000.00 (ten thousand dollars), such additional sum shall be equal to six (6%) percent of such amount paid. This section shall also apply to all existing certificates held by municipalities on the effective date of this act;" and
WHEREAS, in order for the aforesaid additional penalty of six (6%) percent of the amount of the delinquency in excess of $10,000.00 (ten thousand dollars) to be effective, the Township is required to enact this enabling Resolution:
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Frankford on this 5th of January 2021 that the intent and purpose of the aforesaid two statutes
are hereby implemented and effective immediately, a penalty of six (6%) percent of any tax delinquency incurred prior to the end of the calendar year; and
BE IT FURTHER RESOLVED that the Township of Frankford hereby charges such additional six (6%) percent penalty on all existing tax sale certificates held by the Township where said sum exceeds $10,000.00 (ten thousand dollars), which penalty shall be applied to all certificates presently held by the Township as well as those which may be subsequently acquired by it as a result of future tax sales; and
BE IT FURTHER RESOLVED that the rate of interest to be charged by the Township of Frankford for the non-payment of taxes or assessments on or before the date that the same shall become delinquent, according to NJSA 54:4-67 in such case made and provided, be and is
hereby fixed at the rate of eight (8%) percent per annum on the first $1,500.00 (fifteen hundred dollars) of delinquency and eighteen (18%) percent per annum on any amount in excess, said interest to be charged upon the whole or any portion of any taxes or any payment to installment thereof remaining delinquent; provided that no interest as aforesaid shall be charged if the payment of any installment is made within ten days after the due date upon which the same shall become payable.
CERTIFICATION
I, Lori Nienstedt, Municipal Clerk and Administrator for the Township of Frankford, County of Sussex, do hereby certify that the foregoing is a true and exact copy of the Resolution adopted by the Frankford Township Committee on January 5, 2021. __________________________________ Lori Nienstedt, RMC, Municipal Clerk Administrator
