The Association of Environmental Authorities of New Jersey

Department of Community Affairs News

The Division of Local Government Services has released several new Local Finance Notices. Two of them affect all local government units. (posted 12/9/08)
1) Notice 2008-20, "Contracting for Renewable Energy Services - P.L. 2008, c. 83" covers important public contracting and implementation issues of this new law that promotes local government use of solar and related renewable energy activities. It also references the new Local Government Energy Audit program administered by the BPU as a preliminary step to implementing solar programs. It should be reviewed by any local government organization interested in installing or contracting for solar installations.

2) Notice 2008-21 - Online Auctions and Other Procurement Related Issues provides updated information on the use of online auctions for the sale of government personal property. It covers other matters related to the sale of property, including abandoned vehicles and forfeited property, use of classified ad websites, and sale of renewable energy certificates. A second section covers range of local and public school contracting issues including affirmative action rules, adjustments for petroleum price changes, the Local Government Energy Audit Program, limits on membership in national cooperative purchasing programs, and using online legal ads as an affidavit of publication.

A third Notice, 2008-22 affects county governments and statutory increases in minimum Constitutional officer salaries.

Notices are online at www.nj.gov/dca/lgs/lfns/lfnmenu.shtml.

OPRA News (posted 7/23/08)
The New Jersey Government Records Council (GRC) has prepared a newsletter to inform the public and records custodians about hot OPRA topics, as well as GRC and court decisions concerning access to government records. The OPRA Alert is located on the GRC website at www.nj.gov/grc/news/alerts. Anyone interested in receiving future issues of this newsletter directly from the GRC may subscribe to GRC News. There is no fee and only an e-mail address is required to join. You may subscribe on the GRC website at www.nj.gov/grc/news/news.

Division of Pensions (posted 7/23/08)
The Division of Pensions and Benefits has become aware of efforts by local government units to offer incentives to their employees which in many cases encourage early retirement. The Division is required to review these proposed Separation of Employment Agreements to determine whether they are early retirement incentives, and if so, are authorized by law. The Division's Fact Sheet #52 discusses legislation that authorizes Early Retirement Incentive Programs for municipalities, counties, local authorities, and fire districts. The fact sheet is online at www.state.nj.us/treasury/pensions/fact52.htm.

Defined Contribution Retirement Program (posted 7/23/08)
A model ordinance/resolution to be used by local units to codify their determinations of employees that are "substantially similar" as described in Local Finance Notice 2008-10 for compliance with the new Defined Contribution Benefits Retirement Program is now available. The model ordinance/resolution is available at www.nj.gov/dca/lgs/research/
dcrp/dcrpmodelordresolution.doc. In addition, effective immediately, a Transmittal Form (www.nj.gov/dca/lgs/research/
dcrp/dcrptransmittalform.pdf) must be used to provide the Division of Pensions and Benefits with important information about your submission. Local units that have already submitted their documents are not affected by this requirement. Accordingly, the submission date for any pending ordinance/resolution has been extended until July 1. Questions concerning this matter can be e-mailed to DLGS@dca.state.nj.us.

The State Department of Labor and Workforce Development (posted 7/23/08)
has been receiving complaints from smaller contractors who claim they were misled by local government officials into believing purchase orders for less than the local unit's bid threshold under the Local Public Contracts Law threshold are not subject to Prevailing Wage or Public Works Contractor Registration requirements. To eliminate any confusion on the issue, local officials are reminded that the bid threshold is not related to compliance with these two laws. Details about the laws are on the Department's website at: Public Work Contractor Registration: http://lwd.dol.state.nj.us/labor/
wagehour/regperm/pw_cont_reg.html Prevailing Wage Laws: http://lwd.dol.state.nj.us/labor/
wagehour/wagerate/pwr_construction.html

LFN 2008-9 (posted 6/18/08)
(www.nj.gov/dca/lgs/lfns/08lfns/2008-9.doc) updates Division guidance on using online auction services for the sale of surplus public property. The guidance simplifies previous procedures and takes effect immediately.

Defined Contribution Retirement Program: (posted 6/18/08)
A model ordinance/resolution to be used by local units to codify their determinations of employees that are "substantially similar" as described in Local Finance Notice 2008-10 for compliance with the new Defined Contribution Benefits Retirement Program is now available. The model ordinance/resolution is available at www.nj.gov/dca/lgs/research/dcrp/dcrpmodelordresolution.doc. In addition, effective immediately, a Transmittal Form

(www.nj.gov/dca/lgs/research/dcrp/dcrptransmittalform.pdf) must be used to provide the Division of Pensions and Benefits with important information about your submission. Local units that have already submitted their documents are not affected by this requirement. Accordingly, the submission date for any pending ordinance/resolution is extended until July 1.

Questions concerning this matter can be e-mailed to DLGS@dca.state.nj.us.

The Internal Revenue Service (IRS) Office of Federal, State and Local Governments has issued an updated Taxable Fringe Benefits Guide (posted 3/17/08) www.gfoa.org/downloads/irsfringebenefit2008.pdf. The guide can be a helpful tool for determining the taxability, withholding, and reporting requirements for employee fringe benefits. A copy of the guide can be found on the Federal Government Relations page

www.gfoa.org/index.php?option=com_content&task=view&id=93&Itemid=105 of the GFOA web site.

The 10th anniversary NJEPA Emergency Preparedness Conference will be held at the Tropicana Resort on May 8 - 9, 2008. For complete information, visit the NJ Emergency Preparedness Association's website at www.njepa.org.

New Contracts for IT Purchases (posted 2/4/08)
The State has now released new contracts for the purchase of information technology, including desktop PCs, laptops, servers, and a wide range of other equipment and software. Piggybacking on the Western States Contracting Alliance, the State is now part of a national network of government purchasing agencies that leverages the combined volume to secure low prices. The contract can be used by all contracting units in lieu of the Mini-Micro Contract. Program details are online at www.nj.gov/treasury/purchasenoa/contracts/m0483.shtml.

Local Finance Notice 2008-1 (Posted 1/8/08)(http://www.nj.gov/dca/lgs/lfns/08lfns/2008-1.doc) provides information about limits on dates public bids can be accepted. This will assist local units to remain in compliance with State laws limiting the receipt of bids on Mondays and days after State or federal holidays. Please share this with appropriate personnel in your organization.

Local Finance Notice 2007-28 (www.nj.gov/dca/lgs/lfns/07lfns/2007-28.doc) Posted 1/4/08

details the impact that Chapter 92 (P.L. 2007, c.92) has on newly elected officials; newly appointed officials; professional service contractors who are also employees; how certain employees are affected by the new Defined Contribution Retirement Program; and how those and other employees are affected by limits on using sick or vacation time as retirement leave. The CFO, Clerk, and chief administrative officer are urged to review the Notice immediately and shared with local unit legal advisors and other appropriate personnel in your organization.

Local Finance Notice 2007-27 (www.nj.gov/dca/lgs/lfns/07lfns/2007-27.doc) Posted 1/4/08

provides annual LOSAP Cost of Living information. This affects only those municipalities and fire districts with Length of Service Award Programs.

The New Jersey Environmental Infrastructure Trust is offering 2 free finance seminars. Posted 1/4/08
The seminars will be held on February 5, 2008 at the New Jersey Bar Association, Rutgers Law Center, New Brunswick; and on February 7, 2008 at the Enterprise Center BBC, Mt. Laurel. CEUs have been approved by the Department of Community Affairs. Both sessions are from 8:30 - 12:30 pm. The registration deadline is January 5, 2008. (Seating is limited) To register online, visit: http://www.njeit.org/seminar.htm

Technology Coordinator Mailing List: Posted 1/4/08
The Division has been developing a local government (municipal, county, authority, fire district, and schools) Technology Coordinator Mailing list. Please let whoever manages your technology issues (by whatever title) know about our list-serve at:

http://www.nj.gov/dca/surveys/tcsurvey.htm

Payments for Accumulated Absences: Posted 1/4/08
Local officials are reminded about State laws and regulations concerning compensated absence payments (i.e., sick or vacation leave upon retirement). N.J.A.C. 5:30-15 generally, and 5:30-15.4 specifically, highlight procedures for authorization, calculation, and payment of these benefits. The requirements are described in Local Finance Notice CFO-2002-1 (www.nj.gov/dca/lgs/lfns/02lfns/cfo-2002-1.pdf)

These provisions should be reviewed to ensure local practices are in accordance with State law.

The DEP Bulletin contains a list of construction permit applications recently filed or acted upon by the New Jersey Department of Environmental Protection. The latest issue was released December 19, 2007. This issue can be viewed online at http://www.nj.gov/dep/bulletin/bu2007_1219.pdf

FY 2008 Authority Documents Posted (Posted 11/7/07)
Local authorities can download FY 2008 budget documents from the Division of Local Government Services authority web site at www.nj.gov/dca/lgs/authreg/authmenu.shtml. Local Finance Notice 2007-21

(http://www.nj.gov/dca/lgs/lfns/07lfns/2007-21.doc) provides general information about the budget cycle. This posting does not affect fire districts. Separate information will be released concerning CY 2008 fire district budgets.

New laws do not effect authorities as yet. Local Finance Notice 2007-13 (posted 10/9/07) (http://www.nj.gov/dca/lgs/lfns/07lfns/2007-13.doc)

advises local officials about the status of new responsibilities under P.L. 2007, c. 63. Local officials are reminded of sections concerning compliance with new procedures for adopting contracts and issuing employment compensation disclosure forms and requirements for publishing "user-friendly plain language" budget summaries. Both of these requirements, while in effect, require the adoption of rules to implement them and at this time, rules have not been adopted. Thus, they have no effect until the Local Finance Board adopts rules for their implementation. Local units will be notified when compliance is required.

Further, the law creating the office of the State Comptroller contains requirements for government agencies to report to the Comptroller certain actions regarding consideration and award of public contracts. As the Office has not yet been staffed or procedures established for this reporting, no action is required at this time. Once the office is in operation, agencies that fall under the law will be notified of their responsibilities.

All About Pay to Play (Posted 10/2/07)

Businesses are required to make their pay to play filings at this time. If you have questions regarding the NJ Pay to Play Law click here for some resources

The Division of Pensions and Benefits
posts proposed rules, new rules, amended rules, and readoptions of existing rules on this Web site to inform members, retirees, employers and other interested parties.
http://www.state.nj.us/treasury/pensions/rlchng06.htm

GASB Other Post-Employment Benefits LFN
Local Finance Notice 2007-15 provides municipal and county officials with direction and guidance on local unit responsibilities regarding the disclosure of information concerning "Other Post-Employment Benefits." The Notice provides extensive information on the impact of Government Accounting Standard Board Statement 45 on New Jersey municipal and county governments. Subsequent guidance will be issued affecting local authorities and fire districts.

DCA Grant Opportunity Digest (posted 8/27/07)

Welcome to DCA's Grant Opportunity Digest. Contact DCA or visit us online at http://www.nj.gov/dca/ if you have any questions about our programs and services. To learn more about SAGE or view all available DCA grant opportunities, visit the DCA SAGE - Portal.

Balanced Housing NPP 2007

Purpose: To support the production of affordable housing through subsidies provided to developers.

Eligibility: Please contact DCA regarding eligibility requirements.

Application Deadline: August 31, 2007

For more information, please contact:

Richard Montemore

Division of Housing

Phone: 609-633-6302

Email: rmontemore@dca.state.nj.us

Hispanic Policy II 2008

Purpose: To identify innovative strategies that respond to the ever-changing environment facing Hispanics and address the needs of the Hispanic community in the areas of new immigrant services and domestic violence.

Eligibility: Public/private nonprofit, community-based organizations whose primary focus is the implementation of programs that address the needs of the Hispanic community of the State of New Jersey.

Application Deadline: September 14, 2007

For more information, please contact:

Angie Armand

Center for Hispanic Policy, Research & Development

Phone: 609-984-3223

Email: angie.armand@dca.state.nj.us

Office of Housing Advocacy 2008

Purpose: To support the operations of non-profit organizations with the proven capacity to consistently produce affordable housing.

Eligibility: Nonprofit organizations actively engaged in affordable housing production in the state of New Jersey.

Application Deadline: June 1, 2008

For more information, please contact:

Dena Rathgeber

Division of Housing

Phone: 609-633-6203

Email: drathgeber@dca.state.nj.us

Small Cities CDBG Program 2008

Purpose: To support eligible municipalities with assistance for public facilities, housing rehabilitation, community revitalization and economic development projects designed to principally benefit people of low- and moderate-income, prevent or eliminate slums or blight, or to address recent local needs for which no other source of funding is available.

Eligibility: An eligible applicant must be a unit of local government (municipality or county) NOT eligible to receive CDBG funding from any other source. Click here for a list of eligible municipalities: http://www.nj.gov/dca/dcr/sccdbg/cdbgmdi.doc.

Application Deadline: June 30, 2008

For more information, please contact:

Bruce Benton

Division of Community Resources

Phone: 609-633-6277

Email: bbenton@dca.state.nj.us

HOME Community Housing Development Organization

Purpose: To support the creation of housing units affordable to households that are “low income,” as defined by USHUD.

Eligibility: Limited to nonprofit, community-based developers that are certified as Community Housing Development Organizations by DCA

Application Deadline: Ongoing

For more information, please contact:

James Lordi

Division of Housing

Phone: 609-633-6046

Email: jlordi@dca.state.nj.us

HOME Housing Production Investment Fund

Purpose: To support the creation of housing units affordable to households that are “low income,” as defined by USHUD.

Eligibility: Private for-profit developers, other nonprofit developers including Community Housing Development Organizations, and municipalities.

Application Deadline: Ongoing

For more information, please contact:

James Lordi

Division of Housing

Phone: 609-633-6046

Email: jlordi@dca.state.nj.us

Receivership Capacity Building

Purpose: Receivership Capacity Building Grants will be provided as a one-time, special operating grant for nonprofit entities pursuant to the recently enacted Multifamily Housing Preservation and Receivership Act.

Eligibility: Nonprofit organizations actively engaged in affordable housing production in the state of New Jersey.

Application Deadline: Ongoing

For more information, please contact:

Angela Goode

Division of Housing

Phone: 609-633-2129

Email: agoode@dca.state.nj.us

Sharing Available Resources Efficiently

Purpose: To offset costs incurred for pursuit of sharing services. Grant assistance is available for feasibility studies, implementation and transitional costs and county-wide coordination efforts of new shared services.

Eligibility: Non-educational local governmental units.

Application Deadline: Ongoing

For more information, please contact:

John Rasimowicz

Division of Local Government Services

Phone: 609-984-7764

Email: jrasimowicz@dca.state.nj.us

To learn more about SAGE or view all available DCA grant opportunities, visit the DCA SAGE - Portal.

Guidance on GASB 45 is coming (Posted 4/10/07)
The Division has received inquires on how Government Accounting Standards Board Statement 45 on Other Post-Employment Benefits will affect them. The Division is in the process of developing guidance and direction for all local units. It is expected to be released in the next few weeks.

Local Finance Notice 2007-4 explains the impact of P.L. 2007, c. 4, the so-called "No-Bid Monday" law. (Posted 4/10/07)
The law prohibits the receipt of bids on Mondays or any day following a State or Federal holiday. The law took effect in mid-January. Local officials should review the LFN at http://www.nj.gov/dca/lgs/lfns/07lfns/2007-4.doc and apply its contents to local circumstances. IRS Taxable Fringe Benefits Guide: The Internal Revenue Service's & Taxable Fringe Benefits Guide explains which employee fringe benefits related to travel and non-travel issues are taxable and reportable under the Internal Revenue Code, regulations, and procedures. View the Guide at
www.irs.gov/pub/irs-tege/fringe_benefit_fslg.pdf.

Hybrid Vehicle Tax Credits (Posted 4/10/07)
The International City/County Management Association has posted information on how local governments can take advantage of the federal tax credits, normally available to taxpaying entities, when purchasing hybrid vehicles. Check out the ICMA web site at; www.icma.org/main/ns.asp?nsid=2964&mgtinsite=1&t=0 or the IRS web site directly at www.irs.gov/newsroom/article/0,,id=157557,00.html for the details on this cost-saving opportunity.

National Standard Plumbing Code
On February 20, 2007 NJ DCA adopted the 2007 supplement to the National Standard Plumbing code members can purchase a copy through the Plumbing Heating Cooling Contractors National Assn. http://www.phccweb.org/Bookstore/listing.cfm?CategoryID=3&TypeID=2 (Posted 4/3/07)