June 16, 2008 6:00 pm
REGULAR MEETING
FLAG SALUTE
THIS MEETING IS BEING
RECORDED:
I hereby declare that
notice has been given to the Herald Times, the Atlantic City Press and posted on
the bulletin board of the Middle Township Municipal Building, stating the time
and place of the following meeting, as required in P.L. 1975, Chapter 231 of
the State of New Jersey. (Sunshine Law).
The Township Committee met
on the above date at 6:00 PM at the
1. ORDINANCE NO. 1299-08 - BOND ORDINANCE AUTHORIZING VARIOUS RECREATIONAL IMPROVEMENTS AT THE
CLARENCE GEORGIANA DAVIES (GOSHEN) SPORTS COMPLEX IN THE TOWNSHIP OF MIDDLE,
COUNTY OF CAPE MAY, NEW JERSEY; APPROPRIATING THE SUM OF $530,000 THEREFOR;
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES
OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE
PRINCIPAL AMOUNT OF UP TO $503,500; MAKING CERTAIN DETERMINATIONS AND
COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE
FOREGOING – Following second reading, hearing, and consideration
for adoption, Ordinance 1299-08 was adopted on motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on
file in the Clerk’s Office
Madelyn Flipski – Asked committee
where on budget this project was listed?
Alexis – Stated that it was
listed in capital budget
Flipski – Listed questions
pertaining to the finances, need for project, etc.
Asked who gave initial cost of
Alexis – Engineer for the
project, which was Schoor De Palma
C. Mattessich – asked what is
being cut from previous proposal and when project will be rebid.
Alexis – July
2. RESOLUTION NO. 248-08 – APPROVE PAYMENT FOR ALL
BILLS – On motion by Committeemember DeLanzo seconded by Committeemember
Barry and passed on roll call, the following resolution was adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Dedicated
Trust $ 6,254.06
Current
Acct. $ 307,595.15
3. RESOLUTION NO. 249-08 – APPROVING MINUTES FOR
PREVIOUS MEETING – On motion by Committeemember DeLanzo seconded by
Committeemember Barry and passed on roll call, the following resolution was
adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
4. REPORTS: The following offices have submitted reports
for the months indicated below: Construction Office for the month of May; Tax
Collector for the month of May; 2007 Tonnage Grant Report; Treasurer for the
month of May; Municipal Court for the month of May;
5. RESOLUTION NO. 250-08 – 2008/2009 HOTEL MOTEL
LICENSE APPROVAL – On motion by Committeemember Barry seconded by
Committeemember DeLanzo and passed on roll call, the following resolution was
adopted.
WHEREAS,
the
WHEREAS, a Hotel/Motel shall be defined for purposes
in connection with this ordinance/license as a type of building or combination
of buildings within the same complex having 4 or more rooms available for
sleeping and lodging to the public for a fee, and
WHEREAS, prior to any person,
operating a Hotel/Motel regulated by this ordinance, said person or entity must
acquire an annual Hotel/Motel License from the Township Clerk by the 1st
of July in each calendar year, and
WHEREAS, prior to the issuance or
renewal of any annual Hotel/Motel License, the applicant for such license shall
have made the payment of delinquent property taxes. The
right of revocation or suspension for non-payment of
property taxes when three (3) or more consecutive quarters are delinquent.
WHEREAS, the annual license fee to
operate a Hotel/Motel within the
WHEREAS, said approval is contingent
upon all applicable building, housing, health and safety codes and regulations as
set forth by all appropriate local, county and state agencies, and as outlined
in Chapter 222-22 of the Code of the Township of Middle, and
WHEREAS, The Township of Middle
shall have the right to inspect the licensed premises and the owner/applicant shall
provide for the inspection of licensed facilities.
NOW,
THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby
authorized for the license year of 2008-2009:
|
Lic. # |
Applicant |
Tradename |
Location |
Sites |
Fee |
|
14 |
Marlee LLC |
Marlee Motel |
|
13 + House |
$350.00 |
6. RESOLUTION NO. 251-08 – AWARD CONTRACT AND
RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – R & R RADAR,
INC. – On motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between R & R Radar, Inc. and the Township
of Middle for maintenance service agreement be and is hereby ratified and the
contract is hereby awarded through the Non-Fair and Open Process as described
in Pay-To-Play Statutes.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
FURTHER
RESOLVED, that the term of this contract shall be from June 1, 2008 through May
31, 2009.
R & R Radar, Inc. – Radar Maintenance
Service - $4,044.25
7. RESOLUTION NO. 252-08 – AMENDMENT TO INCORRECT
TITLE – LUIS ACEVEDO – On motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
WHEREAS,
on August 6, 2007 Luis Acevedo was promoted to the title of Sewer Repairer, via
Resolution 357-07, and
WHEREAS,
at the Reorganization Meeting held January 7, 2008, and established as
Resolution No. 10-08 Mr. Acevedo was inadvertently titled as a
“Laborer” instead of his correct title “Sewer
Repairer”.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
8. RESOLUTION NO. 253-08 – ACKNOWLEDGEMENT OF
TERMINATION – On motion by Committeemember DeLanzo seconded by Committeemember
Barry and passed on roll call, the following resolution was adopted.
BE
IT RESOLVED, by the Township Committee, the Governing Body of the
EMPLOYEE
DEPARTMENT
POSITION
EFFECTIVE
|
Kathleen Alfeche |
Public Safety |
Emergency Med Tech P/T |
06/03/2008 |
|
Sheena McNeely |
Public Safety |
Emergency Med Tech P/T |
06/03/2008 |
|
Phillip Woolson |
Public Safety |
Emergency Med Tech P/T |
06/03/2008 |
|
Zina Beth Thompson |
Public Safety |
Emergency Med Tech |
06/03/2008 |
9. RESOLUTION NO. 254-08 – APPOINTMENTS –
PART TIME – NEW HIRES (REPLACEMENTS) – EMT – On motion by
Committeemember Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
NAME DEPARTMENT TITLE SALARY EFFECTIVE
|
Crystal Wimley |
Public Safety |
EMT P/T |
$10.60 ph |
06/03/2008 |
|
Patricia Brannon |
Public Safety |
EMT P/T |
$10.60ph |
06/03/2008* |
|
Mark Demberger Jr. |
Public Safety |
EMT P/T |
$10.60ph |
06/03/2008* |
|
Bruce Graham |
Public Safety |
EMT P/T |
$10.60ph |
06/03/2008* |
*
Provisional – not on list
10.
RESOLUTION NO. 255-08 – AWARD
EMERGENCY REPAIR CONTRACT –
WHEREAS,
40A:11-6 provides for the negotiating and awarding of a contract without public
advertising for bids when an emergency affecting the public health, safety or
welfare requires the immediate delivery of goods or the performance of
services, and
WHEREAS,
this contract is under the bid threshold but still exercises an emergency
purchase.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
Deltronics Corporation –
As
the Chief Financial Officer of the
11.
RESOLUTION NO. 256-08 – RELEASE
PERFORMANCE BOND – CAPE MAY CUSTOM MARBLE – On motion by Committeemember
Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
WHEREAS,
$26,233.50 is being held as a Performance Guarantee for Cape May Custom Marble
for improvements at Block 1414.01 Lot 40, otherwise known as 301 N. Railroad
Avenue, Rio Grande, and
WHEREAS,
the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond (plus accrued interest) with
Commerce Bank in the name of Cape May Custom Marble be and is hereby released.
12.
RESOLUTION NO. 257-08 – RELEASE
PERFORMANCE BOND – S & P RIO GRANDE – WALGREENS – On
motion by Committeemember Barry seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
WHEREAS,
$10,000.00 is being held as a Performance Guarantee for S & P Rio Grande /
Walgreens for improvements at Block 1468 Lot 1, 2, 3, otherwise known as Rte 9
South, Rio Grande, and
WHEREAS,
the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Tri Party Allocation Agreement with Leesport Bank in the name of S
& P Rio Grande be and is hereby released.
13.
RESOLUTION NO. 258-08 – RELEASE
PERFORMANCE BOND – D & S MEHL ENTERPRISES LLC. – On motion by
Committeemember DeLanzo seconded by Committeemember Barry and passed on roll
call, the following resolution was adopted.
WHEREAS,
$10,500.00 is being held as a Performance Guarantee for D & S Mehl
Enterprises LLC for improvements at Block 350 Lot 40, otherwise known as 1001
Route 9 South, and
WHEREAS,
the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond (plus accrued interest) with
Commerce Bank in the name of D & Mehl Enterprises LLC. be and is hereby
released.
14.
RESOLUTION NO. 259-08 – RELEASE
PERFORMANCE BOND – EDWARD C. WISELY JR. – On motion by
Committeemember DeLanzo seconded by Committeemember Barry and passed on roll
call, the following resolution was adopted.
WHEREAS,
$3,335.75 is being held as a Performance Guarantee for Edward C. Wisely Jr. for
improvements at Block 979 Lot 3-6, 7.01, otherwise known as 108 North Wildwood
Blvd, Burleigh, and
WHEREAS,
the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Irrevocable Letter of Credit with Cape
Savings Bank in the name of Edward C. Wisely Jr. be and is hereby released.
15.
RESOLUTION NO. 260-08 – RELEASE
PERFORMANCE BOND – FREDERICK LANGFORD – On motion by Mayor Doughty
seconded by Committeemember DeLanzo and passed on roll call, the following
resolution was adopted.
WHEREAS,
$77,321.52 is being held as a Performance Guarantee for Frederick Langford for
improvements at Block 335.01 Lot 5, otherwise known as Golf Club Road, and
WHEREAS,
the Engineer for the
WHEREAS,
the Zoning Officer for the
WHEREAS,
the Land Use Law of the State of
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Tri-Party Allocation Category Agreement in
the name of Frederick Langford be and is hereby released.
16.
RESOLUTION NO. 261-08 – REDUCTION
OF PERFORMANCE BOND – NICOLE – KIRSTIE LLC. – On motion by
Committeemember Barry seconded by Committeemember DeLanzo and passed on roll
call, the following resolution was adopted.
WHEREAS,
$92,980.00 has been held as a performance guarantee of Nicole – Kirstie
LLC. for site improvements at Block 348.01 Lot 38 otherwise known as
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $54,480.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $38,500.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
17.
RESOLUTION NO. 262-08 – REDUCTION
OF PERFORMANCE BOND – CHARLES LORD – On motion by Mayor Doughty seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
WHEREAS,
$99,115.00 has been held as a performance guarantee of Charles Lord for site
improvements at Block 11 Lot 4.01, 4.02 otherwise known as Brooks Ave,
Swainton, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $36,965.00 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the above
stated project be reduced to $62,150.00.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
the governing body thereof, that the Cash Bond with Commerce Bank, be and is
hereby reduced to $62,150.00.
18.
RESOLUTION NO.
263-08 – REDUCTION OF PERFORMANCE BOND – WAL-MART STORES INC.
– On motion by Mayor Doughty seconded by Committeemember DeLanzo and
passed on roll call, the following resolution was adopted.
WHEREAS,
$1,073,272.95 has been held as a performance guarantee of Wal-Mart Stores Inc.
for site improvements at Block 1435.03 Lot 17 otherwise known as Rte 9 South,
Rio Grande, and
WHEREAS,
the Engineer has conducted his inspection and determined that improvements
having a value of $532,998.75 have been completed, and
WHEREAS,
the Zoning Official has recommended that the performance guarantee for the
above stated project be reduced to $540,274.20.
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the
19.
RESOLUTION NO. 264-08 – RENEWAL OF
ALCOHOLIC BEVERAGE LICENSES – On motion by Committeemember Barry seconded
by Mayor Doughty and passed on roll call, the following resolution was adopted.
Committeemember DeLanzo abstained
WHEREAS,
certain licensees have filed for renewal of their Alcoholic Beverage License
for one (1) year beginning July 1, 2008, and
WHEREAS,
the said applications are in due and proper form with the fee of $600.00 for
each Plenary Retail Consumption License; $600.00 for each Retail Distribution
License; $150.00 for each Club License and no objection filed and all $200.00
State Filing Fees received and forwarded,
NOW
THEREFORE BE IT RESOLVED, that the Township Committee, the Governing Body of
the Township of Middle, County of Cape May and State of New Jersey, does hereby
forward to the Division of Alcoholic Beverage Control an application for
Atkinson’s Tavern 0506-33-009-007, with no objection, for a Plenary
Retail Consumption License.
BE
IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the
BE
IT FURTHER RESOLVED, that the Township Committee, the Governing Body of the
BE
IT FURTHER RESOLVED, that these licenses be signed and sealed and delivered by
the Clerk if the Township of Middle in accordance with the rules and
regulations of the State Department of Alcoholic Beverage Control and
appropriate Ordinances of the Township of Middle.
20.
RESOLUTION NO. 265-08 – RENEWAL
TOWING LICENSES – 2008 – On motion by Committeemember Barry seconded
by Mayor Doughty and passed on roll call, the following resolution was adopted.
WHEREAS,
the several Towing license renewal applications listed below have been found to
be in proper form, and the fees paid in each case.
NOW,
THEREFORE BE IT RESOLVED, that each of the following licenses be and are hereby
renewed for the calendar year of 2008:
|
License# |
Tradename |
Truck # |
License Plate Number |
Truck Make/ Model |
Fee |
Sticker Fee Paid |
|
7 |
Hi Tech Auto & Towing |
1 |
XK970Y |
2007 International |
$450.00 |
$50.00 |
|
7 |
Hi Tech Auto & Towing |
2 |
X5927N |
1994 Ford F450 |
n/a |
$50.00 |
|
7 |
Hi Tech Auto & Towing |
3 |
X1612X |
1990 Ford F450 |
n/a |
$50.00 |
|
7 |
Hi Tech Auto & Towing |
4 |
XF352B |
1989 Ford F450 |
n/a |
$50.00 |
21.
RESOLUTION NO. 266-08 – AWARD
CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN PROCESS – VARGO
ASSOCIATES – On motion by Committeemember Barry seconded by Mayor Doughty
and passed on roll call, the following resolution was adopted.
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between Vargo Associates and the Township of
Middle for land surveying services (Johnstown Lane, Seventh Street & Maryland
Avenue, Steel Road) be and is hereby ratified and the contract is hereby
awarded through the Non-Fair and Open Process as described in Pay-To-Play
Statutes.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
Vargo Associates -- Land Surveying Services
(Johnstown Lane, Seventh Street & Maryland Avenue, Steel Road) -- $7,900.00
As
the Chief Financial Officer of the
22.
RESOLUTION NO.
267-08 – AWARD CONTRACT AND RATIFY AGREEMENT THROUGH NON-FAIR AND OPEN
PROCESS – JOSEPH KENNEY – 2008 HOUSING REHABILITATION – LEAD
PAINT RISK ASSESSOR – On motion by Committeemember Barry seconded by
Committeemember DeLanzo and passed on roll call, the following resolution was
adopted.
BE
IT RESOLVED by the Township Committee of the Township of Middle, the governing
body thereof, that the Agreement between Joseph Kenney and the Township of
Middle for Lead Paint Inspection Services be and is hereby ratified and the
contract is hereby awarded through the Non-Fair and Open Process as described
in Pay-To-Play Statutes.
FURTHER
RESOLVED, that the appropriate officials are hereby authorized and directed to
sign said agreement.
Joseph Kenney – Lead Paint Risk Assessor
– 2008 Housing Rehabilitation (Small Cities Grant/ Loan Program) –
Not to Exceed $12,000.00
As
the Chief Financial Officer of the Township of Middle, I acknowledge the sum of
$not to exceed $12,000.00 has been bid for the following service or
items lead paint inspection services It is further certified that
sufficient funds are available from the following appropriation or ordinance to
cover this contract: R-23-56-880-000-011
23.
RESOLUTION NO. 268-08 – APPROVE
AMUSEMENT GAMES FOR ANNUAL 4-H FAIR – CMC 4-H FOUNDATION – On
motion by Committeemember DeLanzo seconded by Committeemember Barry and passed
on roll call, the following resolution was adopted.
WHEREAS,
the Township of Middle, County of Cape May, and State of New Jersey contains a
place where an Agricultural Fair and Exhibition organized for the purpose of
holding Agricultural Fairs and Exhibitions which is approved by the State
Department of Agriculture, and
WHEREAS,
proper applications have been made to the
THEREFORE
BE IT RESOLVED, by the Township Committee of the Township of Middle, County of
Cape May and State of New Jersey that the Amusement Games applicant is hereby
licensed by the Township of Middle pursuant to the "Amusement Games
Licensing Law" for the games mentioned in said applications for the period
of July 17, 2008 through July 19, 2008 at the Cape May County 4-H Fairgrounds,
Dennisville Rd. Cape May Court House, NJ.
24.
RESOLUTION NO. 269-08 – TO
PARTICIPATE IN A FEASIBILITY STUDY TO FORM THE SOUTH JERSEY HEALTH INSURANCE
FUND – On motion by Committeemember Barry seconded
by Committeemember DeLanzo and passed on roll call, the following resolution
was adopted.
WHEREAS,
the Township of Middle, hereinafter referred to as “MUNICIPALITY”,
desires to secure contributory or non-contributory group health or group term
life insurance on behalf of its employees in a matter that minimizes costs to
taxpayers and enrollees; maximizes stability in the cost of financing these
programs, and provides quality programs, and
WHEREAS,
the MUNICIPALITY is aware of and has benefited from the success of existing
joint insurance funds formed by municipalities in New Jersey for property and
casualty insurances, and
WHEREAS,
the MUNICIPALITY understands the need for a greater sharing of services in
order to leverage economies of scale and produce cost savings for services
provided, and
WHEREAS,
the MUNICIPALITY desires to study the feasibility of forming a health insurance
fund pursuant to Chapter 372, Laws of 1983 (N.J.S.A. 40A:10-36 et seq.) in
order to seek cost savings in the areas of contributory or non-contributory
group health or group term life insurance, and
WHEREAS,
the MUNICIPALITY believes that the formation of the South Jersey Health
Insurance Fund (SJHIF), hereinafter referred to as “FUND”, will
provide the municipality and other area municipalities with the most efficient
vehicle for providing contributory and non-contributory group health or group
term life insurance including:
·
Hospitalization
pursuant to N.J.S.A. 17B:17-4
·
Major Medical
pursuant to N.J.S.A. 17B:17-4
·
Prescription
Drug pursuant to N.J.S.A. 17B:17-4
·
Dental pursuant
to N.J.S.A. 17B:17-4
·
Vision pursuant
to N.J.S.A. 17B:17-4
·
Short Term
Disability pursuant to N.J.S.A. 17B:17-4
·
Group Term Life
pursuant to N.J.S.A. 17B:17-4
WHEREAS,
there shall be no cost to the MUNICIPALITY for participating in the Feasibility
Study other than the time to gather and submit complete underwriting data and
participate in periodic pre-information meetings, and
WHEREAS,
the Statutes and Administrative Code regulating the creation and establishment
of a Health Insurance Fund contain certain elaborate safeguards concerning the
safe and efficient administration of the public interest entrusted to such
FUND, and
WHEREAS,
the FUND’S Bylaws will provide for a high degree of member involvement,
oversight and authority, and
NOW
THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle,
County of Cape May, State of New Jersey that the MUNICIPALITY agrees to study
the benefits of forming a Health Insurance Fund as defined and authorized in
N.J.S.A. 40A:10-36 et seq. and N.J.A.C. 11:15-3.1 et seq., and
BE
IT FURTHER RESOLVED, that the MUNICIPALITY does hereby direct its municipal
representative to complete all necessary applications including the gathering
of all necessary underwriting data that will allow all relevant analytical work
to be performed which will aid the MUNICIPALITY in forming the FUND, and
BE
IT FURTHER RESOLVED, the MUNICIPALITY is studying formation of the FUND with
other area municipalities via this common resolution format and that the
MUNICIPALITY’S ultimate decision to join the FUND will reflect a factual
understanding of the Feasibility Study results which may be subject to change
should an insufficient number of the original Feasibility Study participants
elect not to participate in the final formation, in which case the offer may be
materially altered, and
BE
IT FURTHER RESOLVED, that the MUNICIPALITY is studying formation of the FUND
with other area municipalities for an initial membership term of three years
and understands said membership would be for contributory and non-contributory
group health or group term life insurance underwritten by the FUND as listed
earlier in this resolution and that the contribution (premium) offer from the
FUND will be provided annually, and
BE
IT FURTHER RESOLVED, that the MUNICIPALITY is authorizing the execution of this
Feasibility Study resolution with the understanding that upon completion of the
Feasibility Study the MUNICIPALITY may become a Charter Member of the FUND by
formal affirming resolution contingent upon there being a sufficient number of
Charter Members to assure that:
1. The coverage’s offered, financial safeguards
regarding specific and aggregate excess attachments and initial year’s
contribution amount (premium), are acceptable to the MUNICIPALITY.
2. A formal submission be made to the Departments of
Banking and Insurance and Community Affairs resulting in the Departments of
Banking and Insurance and Community Affairs issuing a formal approval for the
formation of South Jersey Health Insurance Fund, and
BE
IT FURTHER RESOLVED, that the MUNICIPALITY is authorizing the execution of this
resolution to study the formation of the South Jersey Health Insurance Fund
subject to the above contingencies and reserves the right to execute a
subsequent affirming resolution following receipt of the Bylaws and Plan of
Risk Management of the FUND.
25.