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November 17, 2008 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL November 17, 2008 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:00 p.m. "Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, by filing same with the Clerk of the Borough of Little Silver and by prominently posting said notice on the bulletin board of the Borough Hall, all since January 7, 2008." The salute to the flag was led by Mr. Bennett and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: Mr. Bitman, Mr. DeNoia PUBLIC HEARING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2009 Mr. Biehl certified that same had been published in the Two River Times on October 31, 2008, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Gilmour Second: Mr. Morris Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. Neff Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2009 Motion: Mr. Neff Second: Mr. Gilmour Roll Call: Affirmative: Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle, Mayor Castleman Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and/or Special Meetings: September 8, 2008 Motion: Mr. Gilmour Second: Mr. Morris Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous Consideration of Executive Session Minutes: None Communications: None Student remarks and brief remarks on the Agenda from other members of the Public: None Mr. VanWinkle read the following: RESOLUTION WHEREAS, it appears that there are insufficient funds in certain of the 2008 Appropriations, set forth below, to meet the demands to be made upon them: THEREFORE, BE IT RESOLVED that the following transfers be made: TO FROM BOARD OF HEALTH OE 8-01-27-330-036 200 TELEPHONE OE 8-01-31-440-100 3,000 GASOLINE OE 8-01-31-460-100 6,000 PUBLIC DEFENDER SW 8-01-42-495-010 53 GARBAGE/RECYLING OE 8-01-26-305-030 253 GAS OE 8-01-31-446-100 9,000 9,253 9,253 NOW, THEREFORE BE IT RESOLVED that a certified copy of the Resolution be transmitted to the Chief Financial Officer as her authority to debit and credit the above amounts accordingly. Motion: Mr. VanWinkle Second: Mr. Gilmour Council and Public Discussion: Roll Call: Affirmative: Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle, Mayor Castleman Negative: None Abstentions: None Attorney Bennett questioned why Mayor Castleman was voting. Mr. Biehl replied that Mr. Bennett had advised his of such. Attorney Bennett clarified that the Mayor’s vote is necessary only if three Councilmembers are absent. RESOLUTION - PAYMENT OF BILLS AND CLAIMS November 3, 2008 Mr. VanWinkle offered this resolution in favor of the payment of the following vouchers which have been properly authenticated and presented for payment representing expenditures for which an appropriation was duly made in the budget adopted by the governing body, including any emergency expenditures in the said appropriation for this payment of said vouchers and which the Municipal Financial Officer has certified that sufficient funds are available to pay the same from each designated appropriation. Check Disbursements Operating – Current Year $ 62,104.13 Operating – Prior Year 0.00 School Taxes 0.00 Contra 0.00 Capital 53,531.00 Grant 2,358.75 Various Trusts & Reserves 86,512.32 Escrow Projects 1,030.00 Payroll of 10/31/08 $ 151,261.78 Void Checks: $ 0.00 Manual Checks: CCTS Tax Lien I, LLC ck#11913 $ 1,176.60 NJ Transit ck#1724 100,000.00 NJ Unemply. Compen. Fund ck#81027 4,933.96 Borough of Little Silver ck#1009 1.00 EFT Payments $ 0.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $ 462,909.54 I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted. Lynn Marie Gale, C.M.F.O., Chief Financial Officer. Motion: Mr. VanWinkle Second: Mr. Gilmour Council and Public Discussion: Mr. Biehl noted that Check #1009 for $1.00 to the Borough of Little Silver was for the opening of the Affordable Housing Fund account. Roll Call: Affirmative: Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None RESOLUTION - PAYMENT OF BILLS AND CLAIMS November 17, 2008 Mr. VanWinkle offered this resolution in favor of the payment of the following vouchers which have been properly authenticated and presented for payment representing expenditures for which an appropriation was duly made in the budget adopted by the governing body, including any emergency expenditures in the said appropriation for this payment of said vouchers and which the Municipal Financial Officer has certified that sufficient funds are available to pay the same from each designated appropriation. Check Disbursements Operating – Current Year $ 80,033.88 Operating – Prior Year 0.00 School Taxes 1,297,099.60 Contra 0.00 Capital 381,067.84 Grant 0.00 Various Trusts & Reserves 141.55 Escrow Projects 210.00 Payroll of 11/14/08 $ 149,585.38 Void Checks: $ 0.00 Manual Checks: $ 0.00 EFT Payments $ 0.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $1,908,138.25 I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted. Lynn Marie Gale, C.M.F.O., Chief Financial Officer. Motion: Mr. VanWinkle Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Affirmative: Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Board of Health, Public Affairs, Library Trustees): Mr. Morris, no report. POLICE AND EMERGENCY PREPAREDNESS (Traffic Safety Committee, Drug Alliance, Local Emergency Planning Council): Mr. Gilmour reported there had been a bomb scare at Markham Place School. He added that the evacuation was executed in an efficient manner, and the new superintendent and new principal handled communications effectively. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): In Mr. Bitman’s absence, Mr. Biehl reported that, in regard to buildings and grounds, certain electrical and plumbing work has gone out for quotes, and should be ready for the next meeting. Mr. Biehl further noted that Helen Gormley, Deputy Borough Clerk, will be having surgery next week, so the office will be short one person for the next five weeks. Mayor Castleman noted that all wish Mrs. Gormley well with her upcoming surgery and recovery, and requested a moment of silence for her. PERSONNEL (Environmental Commission, Shade Tree Commission, Open Space): Mr. Neff, no report. PUBLIC WORKS (Planning Board, Americans With Disabilities Act Committee, Parker Homestead Liaison, Recycling): Mr. DeNoia, absent, no report. Mayor Castleman noted the Planning Board will meet tomorrow night. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Business and Professional Association, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: None Mayor's Report: Mayor Castleman reported that traffic problems with Ayers Lane had been discussed with the Traffic Safety Committee, and signs must be placed for no parking, standing or waiting. She requested Mr. Gilmour talk to the Police Department about the signs and patrol by the Police Department. It was suggested Mayor Castleman put a notice in the Newsletter regarding this. Mayor Castleman further noted the Traffic Safety Committee had also discussed the uniformity of speed limits on White Road, Prospect Avenue and Pinkney Road with Shrewsbury and Red Bank, and suggested the speed limits on these roads be 25 mph on these roads. Mayor Castleman then noted that she had received a letter from Les Mathis, Captain of the Fire Police, requesting a trailer for the Fire Police to transport the generator system for flood lights. Mr. Biehl noted that Mr. Mathis had discussed this with him and Mr. Biehl advised him to put it in a budget request. Mayor Castleman also noted that Jennifer Pardee had volunteered to help Dave Griffiths on restoring the Post Office Museum. Other Reports: Mr. Biehl gave the Financial Summary for the Month of October, 2008: Cash on Hand Beginning of the Month $ 9,703,546.00 Total Monthly Receipts 3,304,382.00 Total Monthly Disbursements 1,932,274.00 Cash on Hand End of Month $11,075,654.00 He noted that the majority of the Borough’s invested funds are in the New Jersey Cash Management Fund at an average rate for the month of 1.98 %. Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, MONMOUTH COUNTY, NEW JERSEY, AS AMENDED, AND SPECIFICALLY BY AMENDING SUBSECTION 3.4 U., ENTITLED “MANADATORY AFFORDABLE HOUSING FEES”, IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING (COAH) Mr. Biehl noted that upon introduction same would be advertised according to law, posted on the Borough bulletin board, and held over for a public hearing on December 15, 2008. Motion: Mr. Morris Second: Mr. Gilmour Council and Public Discussion: None Vote: Voice Vote – Ayes -- Unanimous Consent Agenda: Mayor Castleman announced that the following Resolutions had been discussed and would now be approved by Consent Agenda. Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, on August 11, 2008 Intervest National Bank paid taxes intended for Little Silver Retail, LLC, Block 54 Lot 38 and it was inadvertently applied to Little Silver Retail, LLC, block 54 lot 37; and WHEREAS, both properties were sold at Tax Sale on June 7, 2008 to two different lienholders; and WHEREAS, a payment was later received with an affidavit from the lienholder, CCTS Tax Liens, LLC for Block 54 Lot 38 in the amount of $1163.16 resulting in a double payment; and WHEREAS, Block 54 Lot 38 is being redeemed, it is necessary to refund the lienholder’s payment in the amount of $1163.16 with interest in the amount of $13.44 before effectuating the redemption; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, that a refund check in the amount of $1,176.60 be issued to CCTS Tax Liens, LLC. R E S O L U T I O N WHEREAS, the 2009 Salary Ordinance adopted on November 17, 2008 fixed the salaries and compensations for certain titles and positions of the officers and employees of the Borough of Little Silver: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the following named officers and employees shall be compensated for 2009 at the rates designated as follows. Any officer or employee employed after January 1, 2009 shall have their annual compensation pro-rated as of the date of employment: NAME D.O.H POSITION OR TITLE Joseph Mazza Before 1/1/99 Lieutenant 98,328.00 Robert Frank Before 1/1/99 Lieutenant 98,328.00 C. Gary La Bruno Before 1/1/99 Lieutenant 98,328.00 Martin Scherzinger Before 1/1/99 Sergeant 92,761.00 Daniel Shaffery Before 1/1/99 Sergeant 92,761.00 Kevin Halpin Before 1/1/99 Sergeant 92,761.00 Thomas Mancuso Before 1/1/99 Patrolman (4 years) 87,510.00 Steven Solari After 1/1/99 Patrolman (6 years) 87,510.00 Peter Gibson After 1/1/99 Patrolman (6 years) 87,510.00 Paul Halpin After 1/1/99 Patrolman (6 years) 87,510.00 Michael Lahey After 1/1/99 Patrolman (6 years) 87,510.00 Gregory Oliva After 1/1/99 Patrolman (5 years) (1/1/09-1/20/09) 80,577.00 Patrolman (6 years) (1/21/09-12/31/09) 87,510.00 Justin Bradley After 3/15/04 Patrolman (3 years) 61,504.00 (1/1/09-12/9/09) Patrolman (4 years) 68,006.00 (12/10/09-12/31/09) Francis Salerno After 3/15/04 Patrolman (1 year) (1/1/09-8/5/09) 48,501.00 Patrolman (2 years) (8/6/09-12/31/09) 55,002.00 Robert Chenoweth After 3/15/04 Probationary Patrolman (1/1/09-1/27/09) 41,999.00 Patrolman (1 year) 1/28/09-12/31/09 48,501.00 BE IT FURTHER RESOLVED that the following named personnel are eligible for educational credit benefits in the amount listed respectively and such amount shall be added to the Base Salary in accordance with the 2009 Salary Ordinance. Gary LaBruno $ 500 Martin Scherzinger $1,000 Paul Halpin $1,000 BE IT STILL FURTHER RESOLVED that the names, designations and salaries herein provided supercede all previous names, designations and salaries heretofore by Resolution established. Longevity shall be in accordance with the 2009 Salary Ordinance. BE IT FINALLY RESOLVED that a certified copy of this Resolution be transmitted to the Borough Chief Financial Officer to make the necessary payroll adjustments. R E S O L U T I O N BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that a resolution designating 2008 salaries for employees of the Borough of Little Silver adopted on July 14, 2008 be and is hereby amended as follows: ADD: (Effective October 20, 2008) William Gibson Relief Crossing Guard $41.10 per day BE IT FINALLY RESOLVED that a certified copy of this Resolution be transmitted to the Borough Chief Financial Officer to make the necessary payroll adjustments. R E S O L U T I O N WHEREAS, the Mayor and Council awarded a contact on July 14, 2008 to Ricochet Manufacturing Co., Inc. for the purchase of 20 Vantage II, 401 series crosstech jackets and 4 Vantage II, 501 series crosstech jackets with liners, hood, lettering and emblems at a cost of $12,367.60; and WHEREAS, the Little Silver Emergency Medial Services changed the material to a nomex material, a fire resistant, pathogen resistant material; and WHEREAS the price changed from $12,367.60 for 20 Vantage II, 401 series crosstech jackets and 4 Vantage II, 501 series crosstech jackets with liners, hood, lettering and emblems to $12, 159.20 for 17 Vantage II, 401 series crosstech jackets and 4 Vantage II, 501 series crosstech jackets with liners, hood, lettering and emblems; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the amended quote submitted by Ricochet Manufacturing Co., Inc. as the sole manufacturer for the above referenced items be and is hereby accepted without benefit of competitive quotes. RESOLUTION CONCERNING AMENDMENT OF "MANDATORY AFFORDABLE HOUSING FEES" ORDINANCE OF THE BOROUGH OF LITTLE SILVER WHEREAS, the Borough of Little Silver in Monmouth County petitioned the New Jersey Council on Affordable Housing (COAH) for substantive certification on December 12, 2005; and WHEREAS the Borough Council of the Borough of Little Silver adopted an ordinance establishing mandatory development fees for the provision of affordable housing, which ordinance was approved by COAH on May 9, 2006; and WHEREAS, P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7) permits municipalities that are under the jurisdiction of COAH or of a court of competent jurisdiction and that have a COAH approved spending plan to impose and retain fees on residential and non-residential development; and WHEREAS, subject to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), N.J.A.C. 5:97-8.3 permits a municipality to prepare and submit a development fee ordinance for review and approval by COAH that is accompanied by and includes the following: • A description of the types of developments that will be subject to fees per N.J.A.C. 5:97-8.3(c) and (d ); • A description of the types of developments that are exempted per N.J.A.C. 5:97-8.3(e); • A description of the amount and nature of the fees imposed per N.J.A.C. 5:97-8.3(c) and (d) ; • A description of collection procedures per N.J.A.C. 5:97-8.3(f); • A description of development fee appeals per N.J.A.C. 5:97-8.3(g); and • A provision authorizing COAH to direct trust funds in case of non-compliance per N.J.A.C. 5:97-8.3(h). WHEREAS, the Borough of Little Silver has prepared a draft development fee ordinance that establishes standards for the collection, maintenance, and expenditure of development fees consistent with COAH's regulations at N.J.A.C. 5:97-8 and in accordance with P.L.2008, c.46, Sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1 through 8.7). NOW THEREFORE BE IT RESOLVED that the Borough Council of the Borough of Little Silver in the County of Monmouth and the State of New Jersey requests that COAH review and approve Borough of Little Silver's "Affordable Housing Development Fees" Ordinance, as attached herewith. I certify that the foregoing is a true copy of a Resolution adopted by the governing body of the Borough of Little Silver at a meeting held on ___________________ 2008. ____________________________ Borough Administrator – Clerk R E S O L U T I O N WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality as “Mandatory Affordable Housing Fees” pursuant to N.J.A.C. 5:97 et seq. and “Statewide Non-Residential Development Fee Act”, P.L. 2008, c.46; and WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, County of Monmouth, New Jersey as follows: 1. The Borough Council does hereby request; permission of the Director of the Division of Local Government Services to collect fees and pay expenditures from the “Affordable Housing Fees Trust” as per N.J.S.A. 40A:4:39. 2. The Borough Clerk of the Borough of Little Silver is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a quote on July 14, 2008 to Caruso Construction, Long Branch, NJ for various repairs to the exterior of the Little Silver Public Library in an amount not to exceed $18,300.00 based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver amended said Resolution on September 8, 2008; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said Resolution to include repairs to the Woman’s Club as per the attached Change Order #2; and WHEREAS, this Change Order falls within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and WHEREAS, adequate funding for this purchase is contained in Ordinance #644-07; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Caruso Construction is hereby amended to $21,839.04 from $19,800.00, an increase of $2,039.04.00 for the repairs to the Woman’s Club in accordance with Change Order #2. RESOLUTION ESCROW AGREEMENT FOR HOUSING TRUST FUND This Escrow Agreement made this 5th day of November, 2008, by and between the Council on Affordable Housing (COAH) and the Borough of Little Silver and Valley National Bank. WHEREAS, a municipality may impose, collect and spend development fees and establish an affordable housing trust fund hat includes, development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq.; and WHEREAS, on May 9, 2006, COAH approved the Borough of Little Silver Development Fee Ordinance establishing standards for the collection, maintenance and expenditure of development fees consistent with COAH’s rules and P.L.2008, c.46 (C. 52:27D-329.1 et al) and requiring that funds shall only be applied directly toward implementation of the Borough of Little Silver’s COAH-certified Fair Share Plan or Court Judgment of Compliance; and WHEREAS, on December 5, 2005, the governing body of the Borough of Little Silver adopted Ordinance No. 609-05, the Development Fee Ordinance of the Borough of Little Silver, amending the Municipal Code; and WHEREAS, COAH has not yet approved a spending plan for the Borough of Little Silver, and the Borough of Little Silver acknowledges that no expenditure of development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. may occur prior to COAH’s approval of a spending plan; and WHEREAS, the Development Fee Ordinance requires an interest-bearing housing trust fund to be established for the purpose of receiving collected development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. and provides that no money shall be expended from the housing trust fund unless the expenditure conforms to the Development Fee Ordinance, a spending plan approved by COAH and the conditions set out at N.J.A.C. 5:97-8.7-8.9; and WHEREAS, COAH’s approval of the Development Fee Ordinance further requires the Borough of Little Silver, within seven days of opening the trust fund account authorized by the ordinance, to enter into an escrow agreement with COAH pursuant to N.J.A.C. 5:97-8.2(a) to enable COAH to monitor disbursement of collected development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. and to direct the forfeiture of such funds after proper notice if their imposition, collection and/or expenditure are not in conformance with the terms of the approved Development Fee Ordinance, the conditions set out at N.J.A.C. 5:97-8.13(a), the spending plan approved by COAH, and P.L.2008, c.46 (C. 52:27D-329.1 et al); and WHEREAS, the Development Fee Ordinance further provides that if COAH determines that the imposition, collection, and/or expenditure of development fees are not in conformance with the terms of the approved Development Fee Ordinance, approved spending plan, and P.L.2008, c.46 (C. 52:27D-329.1 et al), COAH may, after a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., revoke a Development Fee Ordinance approval and direct the transfer of funds including future collection of non-residential development fees to the New Jersey Affordable Housing Trust Fund. NOW THEREFORE, COAH, the Borough of Little Silver and the Bank agree as follows: 1. Designation of Escrow Agent COAH and the Borough of Little Silver hereby designate Valley National Bank (the Bank) as their escrow agent, upon terms and conditions set forth herein, for the purpose of (a) receiving development fees, payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver's affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. collected by the Borough of Little Silver, (b) holding such sums in the escrow account hereinafter described, and (c) disbursing the monies upon the direction of the [insert title of municipal officer] of the Borough of Little Silver consistent with the spending plan approved by COAH. 2. Escrow Account The Borough of Little Silver shall deposit all development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver’s affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N..J.A.C. 5:97-8.1 et seq. with the escrow agent and said escrow agent shall establish a separate, interest bearing account to be known as the Borough of Little Silver Housing Fees Trust (the Account) and shall deposit therein such initial funds, as well as all subsequent development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver's affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq. received from the Borough of Little Silver. At no time shall the escrow agent co-mingle the funds deposited in the Account with any other funds or accounts held or maintained by the escrow agent, nor shall the escrow agent at any time set off any amount on deposit in the Account against (a) any indebtedness owed to the escrow agent by the Borough of Little Silver or any other party, (b) any other obligation owed to the escrow agent by the Borough of Little Silver or any other party, or (c) any claim which the escrow agent may have against the Borough of Little Silver or any other party. 3. Application of Amounts on Deposit The funds in the Account shall only be used for eligible affordable housing activities of the Borough of Little Silver as set forth in a spending plan approved by COAH. The Bank shall disburse funds in the Account upon the direction of the Borough Administrator of the Borough of Little Silver, unless notified otherwise by COAH. 4. Cessation of Disbursements from Funds and Forfeiture of Funds to the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320) COAH shall have the authority to halt disbursements by the Borough of Little Silver from the Account upon written notice to the Bank and to direct all remaining funds to the New Jersey Affordable Housing Trust Fund. COAH shall have such authority if it determines, after notice to the Borough of Little Silver, that the municipality is not in compliance with all conditions set out in N.J.A.C. 5:97-8.13(a), the Spending Plan and the Development Fee Ordinance. Upon receipt of written notice to cease disbursements from the Account, the Bank shall immediately halt disbursements by the Borough of Little Silver until further written notice from COAH. The Bank shall allow the transfer of funds by COAH to the New Jersey Affordable Housing Trust Fund on behalf of the Borough of Little Silver. COAH shall provide the Borough of Little Silver municipal clerk and chief financial officer with copies of all written notices. In the event that any of the following conditions, as set out in N.J.A.C. 5:97-8.13(a) occur, COAH shall be authorized on behalf of the Borough of Little Silver and consistent with its rules and P.L.2008, c.46 (C. 52:27D-329.1 et al), to transfer all development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver's affordable housing program in accordance with P.L.2008, c.46 (C. 52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq., to the New Jersey Affordable Housing Trust Fund : a. Failure to meet deadlines for information required by COAH in its review of a Housing Element and Fair Share Plan, development fee ordinance or plan for spending fees; b. Failure to address COAH’s conditions for approval of a plan to spend development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver's affordable housing program within the deadlines imposed by COAH; c. Failure to address COAH’s conditions for substantive certification within deadlines imposed by COAH; d. Failure to submit accurate annual monitoring reports pursuant to N.J.A.C. 5:97-8.12(a) within the time limits imposed by COAH; e. Failure to implement the Spending Plan and expend the funds within the time schedules specified in the Spending Plan, including the requirement to spend the remaining trust fund balance pursuant to N.J.A.C. 5:97-8.10(a)8 and collected fees pursuant to P.L.2008, c.46 (C.52:27D-329.2(8.d) & C.52:27D-329.3(9.b)) within four years; f. Expenditure of development fees; payments from developers in lieu of constructing affordable units on-site; developer-contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible; rental income from municipally operated units; repayments from affordable housing program loans; recapture funds; proceeds from the sale of affordable units; and/or any other funds collected in connection with the Borough of Little Silver's affordable housing program on activities not permitted by COAH; g. Revocation of certification; or h. Other good cause demonstrating that the revenues are not being used for the approved purpose. 5. Standard of Care; Indemnification The Bank shall use reasonable care and due diligence in the performance of all of its duties hereunder. The Borough of Little Silver shall indemnify COAH and hold it harmless from and against all liabilities, losses or damages incurred under COAH with respect to any action COAH may take under this escrow agreement with the exception of liabilities, losses or damages solely caused by negligent acts, omissions, errors or willful misconduct by COAH. 6. Records and Accounts The Bank shall keep accurate financial records and accounts of all transactions relating to the Account, including but not limited to all deposits to the Account, disbursements from the Account and interest earned on the Account which shall be made available for inspection by COAH and the Borough of Little Silver, or their respective designees, at any reasonable time. The Borough of Little Silver shall provide COAH with reports on a quarterly basis, which set forth the amount, date and description of all activity from the Account as well as other information COAH may require to monitor the Account. 7. Notices All notices, certificates or other communications hereunder shall be delivered by hand or mailed by certified mail to the parties at the following addresses: a. If to COAH: Executive Director New Jersey Council on Affordable Housing 101 South Broad Street PO Box 813 Trenton, NJ 08625-0813 b. If to Municipality: Borough Administrator Borough of Little Silver 480 Prospect Avenue Little Silver, NJ 07739-1430 c. If to Bank: Valley National Bank 1445 Valley Road Wayne, NJ 07470 Bank Branch: 140 Markham Place Little Silver, NJ 07739-1430 Any of the parties may hereby designate different or additional addresses by notice in writing given to the other parties. 8. Further Assistance The parties hereto shall authorize, execute, acknowledge and deliver such further resolutions, assurances and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights and interests granted hereunder. 9. Agreement Subject to the Fair Housing Act This agreement is subject to the Fair Housing Act, P.L.2008, c.46 (C. 52:27D-329.1 et al) and the rules of COAH set forth at N.J.A.C. 5:97-8.1 et seq., and nothing contained herein shall be interpreted to limit or restrict in any way the discretion and authority vested in COAH by the Act or rules. 10. Amendments This agreement may not be amended, supplemented or modified except by a written instrument executed by all the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date set forth above. _____________ Date Michael D. Biehl, Borough Administrator _____________ Date Lucy Vandenberg, Executive Director on behalf of the New Jersey Council on Affordable Housing (COAH) _____________ Date Valley National Bank Agent resEscrowCOAH R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on August 28, 2008 to MECO, Inc, Clarksburg, NJ to perform the 2008 Road Improvement Program within the Borough of Little Silver in an amount not to exceed $405,965.50 and amended on September 8, 2008 to $409,400.00; WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include various additional items in accordance with the attached Change Order #1; and WHEREAS, this Change Order falls within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and WHEREAS, adequate funding for this purchase is contained in Bond Ordinance #663-08; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with MECO, Inc. is hereby amended to $422,089.75 from $409,400.50, an increase of $12,689.25, for the 2008 Road Improvement Program in accordance with Change Order #1. R E S O L U T I O N WHEREAS, the Borough of Little Silver Public Works/Recycling Department is in need of replacement of the coupler and hinges on the Tink Claw; and WHEREAS, adequate funding for said purchase is contained in Ordinance #661-08; and WHEREAS, the Director of Public Works has solicited the following quote: Trico Freehold, NJ $5,417.80; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends that the quote submitted by Trico in the amount of $5,417.80 be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized the replacement of the coupler and hinges on the Tink Claw in the amount of $5,417.80 from Trico. R E S O L U T I O N WHEREAS, application has been made to the Borough of Little Silver by the Red Bank Regional High School Booster Club for On Premise 50/50 Raffles on the following dates: December 19, 2008 December 27, 2008 December 29, 2008 December 30, 2008 January 6, 2009 January 13, 2009 February 3, 2009 February 10, 2009 February 13, 2009 February 16, 2009 February 26, 2009; and WHEREAS, all requirements have been complied with for the holding of such Raffles; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the application for On Premise 50/50 Raffles by the Red Bank Regional High School Booster Club be and is hereby approved. Public Portion Remarks of the citizens for the good of the Borough: None Motion to Adjourn: Mr. Gilmour Second: Mr. Neff Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:32 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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