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January 5, 2009 MINUTES OF THE ORGANIZATION MEETING OF THE LITTLE SILVER BOROUGH COUNCIL January 5, 2009 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:30 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 5, 2009." The salute to the flag was led by Mr. Neff and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. Gilmour, Mr. Levine, Mr. Neff, Mr. O’Hern, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None Mr. Biehl read the following: A statement of the determination of the Board of County Canvassers relative to an election held in the Borough of Little Silver on the 4th day of November, in the year of our Lord, two thousand eight for the election of Municipal Officers for said LITTLE SILVER BOROUGH The said board to determine that at the said election, DANIEL LEVINE AND DANIEL J. O’HERN, JR. WERE DULY ELECTED MEMBERS OF THE BOROUGH COUNCIL. IN WITNESS WHEREOF, We have hereunto set our hands this 20th day of November in the year two thousand eight. Leah Falk, Chairperson, Board of County Canvassers Norine Kelly, Member, Board of County Canvassers Attest: M. Claire French, County Clerk, Bd. Of County Canvassers J. Ann Dinor, Member, Board of County Canvassers Karen Haines, Member Board of County Canvassers Attest: Bertha C. Sumick, Special Deputy Clerk The Honorable James Zazzali administered the Oath of Office to Council Member Daniel Levine. The Honorable Daniel J. O’Hern, Sr. administered the Oath of Office to Council Member Daniel J. O’Hern, Jr. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. Gilmour, Mr. Levine, Mr. Neff, Mr. O’Hern, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None Mayor Castleman presented her message: On behalf of the Governing Body, welcome to the 2009 Reorganization Meeting of the Borough of Little Silver. As we welcome aboard our new Council members Dan Levine and Dan O’Hern, Jr. to the governing body I want to acknowledge the over nineteen years of dedicated service Rick DeNoia gave to this community starting out as a member and chairman of the Zoning Board of Adjustment and then Councilman. Rick will continue to actively serve Little Silver as Public Defender and COAH Special Council. Also outgoing, is Bill Morris who served us from July 2008 until year end, filling the seat vacated by Don Galante’s resignation. Bill was a very conscientious member during his short tenure of office and will continue in volunteer service on the Planning Board and Environmental Commission. I would be remiss if I did not begin by thanking all of those who so unselfishly volunteered their expertise and time in service to our community in 2008 and sincerely hope they will continue to do so in the future. As I have stated numerous times our volunteers are most certainly the backbone of our town and without them many programs would suffer greatly or quite possibly be nonexistent. I also wish to commend our professionals for their dedication in meeting the needs of our Borough and its residents – many times going above and beyond the call of duty. The accomplishments and improvements throughout our town this past year were not done for just the present time; but always keeping in mind and planning for the future as well. Some of the projects which kept us busy throughout 2008 were as follows: 1. Roads and Drains a. Little Silver Point Road and Borden Place – paved and curbed b. Howards Beach Upgrade – (located on Point Road just before the Silvermere pillars) We are awaiting the Army Corps of Engineers approval to complete this drainage project c. South Prospect Avenue at Little Silver Point Road – rip rap and fence installed d. Edgewood Avenue which was previously unimproved has been paved and drainage improvements installed e. Silverton Avenue – curb and sidewalks have been installed. It will soon be paved by utilizing a $150,000.00 State Grant. Prior to paving water and gas lines were improved by the respective utilities. The project did encounter some problems with tree removal. New trees will be planted when requested by homeowners by the Shade Tree Commission on the owner’s property, out of the Borough right of way. 2. Council on Affordable Housing - COAH With the use of our Planner who followed all COAH’s latest requirements we have submitted an Affordable Housing Planning which we believe is in compliance and in the best interest of Little Silver. By minimizing units within COAH guidelines to a reasonable and attainable number, we believe the Borough of Little Silver is now protected from a “builder’s remedy” lawsuit. 3. Department of Public Works – Recycling New equipment purchased for recycling in 2008 includes a tractor with a Tink Claw and a new 31 yard garbage truck to be used for brush and leaf collection. This new equipment should result in a more efficient operation of our Department of Public Works. Curbside residential cardboard collection pick up has been added to our recycling program this year. 4. Vacant Property I am questioned repeatedly about the area around the former Wicker Rose and Hunter Garage properties as to when we are going to do something to improve the current condition. Our hands are tied as these properties are involved in a bankruptcy situation. Across the street is the boarded up Exxon Station. I have checked with Exxon’s Real Estate Division and they are in hopes it will reopen as it is being actively marketed. 5. Parker Homestead Update The Borough has engaged the architectural firm of Farewell, Mills and Gatch to prepare a plan for the historical development of the barns and property. We have applied to the New Jersey Historic Trust once again for a grant to assist in the financing for these much needed renovations starting with the three barns. Also an application for listing the Homestead on the National Historic Registry is being addressed, which when completed and accepted, should open other doors of financial assistance both historical and educational on the national level. 6. Business and Professional Committee The Business and Professional Committee is in its infancy state but is moving along very nicely and has developed great plans for the coming year and beyond for the betterment of our Borough. In 2009 we plan to continue our improvements within the Borough with the following: 1. Roads and Drains a. Woodbine Avenue – will get curbs, sidewalks and repaving. Unfortunately, no grant money was received this year. b. Howards Beach – we will finish the headwall and drainage. c. Oakes Road – headwall replacement. d. Holly Tree Lane and Holly Drive – if monies are available and finances allow new curbing and repaving are planned. 2. Railroad Lot Renovations a. Parking lot, southbound side: 1. Remove unneeded islands 2. Recurb, new sidewalks, re-stripe and number all spaces 3. Install new electronic meters for daily parking 4. Mill and fill pot holes and reseal 5. If possible and finances allow, the lot will be repaved b. Waiting area, northbound side: 1. Install a shelter with roof over ticket machines c. All renovations will be paid for with user fees 3. Parks a. Memorial Park – we will complete the plans and move forward on the development which will be completed in stages as a community project. Volunteer groups will participate in the overall plan for the area. The Borough will perform the initial moving of the large monuments, installing a flag pole and provide a sitting area with benches and landscaping. Over all plans will be for remembrance and relaxation. b. Santelle Park – with the completion of Edgewood Avenue repaving we can now move forward with the renovation of the park. We will rebuild the tennis courts, basketball court, tot lot, sand volleyball courts and add landscaping and benches. Early this year I will move full steam ahead with the appointment of the Parker Homestead Board of Trustees. Anyone who is willing to join, please contact me. We will be a very active group, as we need to work on plans for future fund raising and doing some of the actual physical work on the renovation of the house. Also high on my to do list is to get an active drug alliance program in Little Silver up and going as soon as possible. I hope I have been able to adequately share with you some of the major issues facing our Borough. All of us on the Governing Body are totally committed to working together to provide the very best for the residents of Little Silver in the most cost efficient way. We will continue to explore areas in which we can share services with neighboring municipalities if and when it is fiscally beneficial to do without jeopardizing the services provided to our residents. Many thanks for your continued support, and we wish one and all a very healthy, safe and happy New Year. Thank you. Mr. Biehl read the following: R E S O L U T I O N BE IT RESOLVED that Robert C. Neff, Jr.be and is hereby elected President of the Council of the Borough of Little Silver for the year 2009. Motion: Mr. Gilmour Second: Mr. VanWinkle Council and Public discussion: None Vote: Voice Vote – Ayes – Unanimous Mayor Castleman administered the Oath of Office to the following Fire Department Officers: Chief Francis Salerno Assistant Chief James Jiminaro 1st Lt. Peter Giblin 2nd Lt. Bruce McDonald Chief Engineer Peter Gale 1st Asst. Engineer Richard DeFazio, Sr. 2nd Asst. Engineer Thomas Mancuso 3rd Asst. Engineer Chris Boyle Mayor Castleman administered the Oath of Office to the following Fire Police Officers: Captain Lester Mathis Lieutenant Roger Dolan Sergeant Daniel Kelly Mayor Castleman administered the Oath of Office to the following Emergency Medical Services Officers: Captain Allen Bennett 1st Lt. Peter Giblin 2nd Lt. David Whittle Sergeant Charles Sidun Mr. Biehl read a Resolution to adopt the 2009 Temporary Budget (see copy attached). Motion: Mr. Neff Second: Mr. VanWinkle Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. Gilmour, Mr. Levine, Mr. Neff, Mr. O’Hern, Mr. VanWinkle Negative: None Abstentions: None RESOLUTION - Payment of Bills and Claims 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 $ 204,091.37 Operating – Prior Year 18,158.64 School Taxes 1,286,263.70 Contra 0.00 Capital 162,407.14 Grant 0.00 Various Trusts & Reserves 0.00 Escrow Projects 0.00 Payroll of 12/31/08 $ 141,825.44 Void Checks: $ 0.00 Manual Checks: Stephen Buchanan ck#12155 (Vet Deduction-refund) $ 250.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $1,812,996.29 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. Bitman, Mr. Gilmour, Mr. Levine, Mr. Neff, Mr. O’Hern, Mr. VanWinkle Negative: None Abstentions: None CONSENT AGENDA: Mayor Castleman announced that the following Resolutions had been discussed and would now be approved by Consent Agenda. Motion: Mr. O’Hern Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous Roll Call: Affirmative: Mr. Bitman, Mr. Gilmour, Mr. Levine, Mr. Neff, Mr. O’Hern, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N BE IT RESOLVED that the appointments made by the Mayor are hereby ratified and confirmed. The Mayor appoints the following Borough Officials for the year 2009: (The following Borough Officials are appointed for a term of one year, unless otherwise specified.) Borough Administrator ) Public Agency Compliance Officer ) Insurance Fund Commissioner ) Michael D. Biehl Qualified Purchasing Agent ) Alternate Deputy Registrar ) Municipal Housing Liaison ) Zoning Officer ) Deputy Borough Clerk ) Helen Gormley Recycling Coordinator ) Administrative Officer Planning and Zoning ) Diane Ramsey Zoning Inspector ) Parks and Facilities Coordinator ) Shade Tree Enforcement Officer ) Michael Olimpi Property Maintenance Code Enforcement Official ) Borough Treasurer ) Lynn Marie Gale Borough Attorney John O. Bennett, Esq. Borough Auditor Hutchins, Laezza, Farrell, & Allison, P.A. Borough Prosecutor Michael I. Halfacre, Esq. Alternate Borough Prosecutor Francis J.Gilbertson,Esq. Library Director Susan Marie Edwards Principal Library Assistant Anita O’Brien Recreation Director Doug Glassmacher Safe Neighborhood Program Co. Chief of Police Giblin Fire Prevention Official Rich DeFazio Fire Sub-Code Official Stanley Sickels Deputy Registrar Pamela Hughes Borghi Borough Planning Board Attorney Michael Leckstein, Esq. Borough Professional Planner Richard Coppola of Coppola & Coppola Assoc. Municipal Court Judge (3 yr) James E. Berube, Esq. Borough Engineer (3 yr) Gregory S. Blash of Leon S. Avakian, Inc. Emergency Management Co. (3 yr) Chief of Police Shannon Giblin Court Administrator/Violations Clerk Jodi Foster Deputy Court Clerk Janice Swaggerty Borough Registrar (3 yr) Betty Ann Berube Two Rivers Water Reclamation Authority (5 yr) D. Scott Hartman Borough Public Defender Rick J. DeNoia, Jr. Alternate Borough Public Defender Stanley Werse Director, Department of Public Works James Gannon Deputy Tax Collector Laura Geraghty Clerk’s Assistant Sharon Kavendek Newsletter Editor Linda Goff Monmouth County Heritage Commissioner David Griffiths Borough Physician Steven Swartz, M.D. Borough Police/Fire Chaplain Thomas Pallone North Coast Regional Subwatershed Council (Area 12) Dirk VanNest Special COAH Counsel Rick J. DeNoia, Jr. Police Dispatchers: Christopher Boyle Joseph Lauterwasser Ann Mihlon Richard Smith Relief Dispatchers: James Jiminaro John McGuire John Mercun Peter Giblin Andrew Smith Special Officers: Joseph Lauterwasser, Class 1 Richard Smith, Class 1 Christopher Boyle, Class 1 John McGuire, Class 1 Peter Giblin, Class 2 Crossing Guards: Elizabeth Cain Quiana Farrow Mamie Holmes Roland Jackson Lorriane Katz James McNally Susan Valerio Roger Dolan William Kennelly William Bergen Relief Crossing Guards: Amy Hirsch Peter Giblin Joseph Lauterwasser Mary Ann Ferrara Gail Drawbaugh Harold Scott William Gibson Barbara Aras Railroad Parking Meter Coordinator: John McGuire Joseph Lauterwasser The Mayor appoints the following to the Boards, Commissions and Committees for 2009: PLANNING BOARD CLASS TERM Jon Bitman, Council Representative 3 1 Michael Olimpi, Borough Representative 2 1 John Chimento 4 4 Thomas Nuara 4 4 Willam Morris, Alt. #1 2 Richard Scott, M.D., Alt. #2 1 SHADE TREE COMMISSION Robert C. Neff, Jr., Council Representative Mark Butler 5 David Caldera, Consultant 1 Michael Olimpi, Consultant 1 ENVIRONMENTAL COMMISSION Robert C. Neff, Jr., Council Representative Mark Newsome 3 Bonnie Winters Akey 3 Corky Johnson, Alt #2 1 BOARD OF HEALTH Council Representative Bonnie Russo 4 Janet Badenhop (Alt. #2) 1 PARKS AND RECREATION COMMITTEE Daniel J. O’Hern Jr., Council Representative Kevin Burke 3 AJ McNally 3 WATERFRONT COMMITTEE l year terms Stuart Van Winkle, Council Representative Robert McIntyre Charles Sidun Rosemary Brewer Dirk VanNest Greg Strand Michael Murray William Carlin Linda Brenner THE AMERICANS WITH DISABILITIES ACT COMMITTEE l year terms Council Representative Ray Flockhart, Chairman Stanley Sickels, Construction Department John O. Bennett, III, Borough Attorney Carolyn McMullin, Secretary Kristine Nettleingham Jane Schmitt Robert Garrison LOCAL EMERGENCY PLANNING COUNCIL 1 year terms Mayor Suzanne S. Castleman David E. Gilmour, Council Representative Michael D. Biehl, Administrator-Clerk Sandra Van Sant, Health Officer Gregory Nagy, Registered Environmental Health Specialist Shannon Giblin, Police Chief, Emergency Mgmt. Coordinator, Pete Gibson, Emergency Management Police Coordinator, Deputy Emergency Management Coordinator James Griffiths, Deputy Emergency Mgmt. Coordinator Pete Gale, Fire & Rescue Coordinator Al Bennett, Assessment Damage Coordinator Thomas Pallone, E.M.S./Red Cross Coordinator/First Aid Coordinator James Gannon, Recycling/Road Director, Department of Public Works Jim Jiminaro, Fire and Rescue Coordinator Richard DeFazio, Fire Prevention Official Chip Connell, Fire Police Michael Olimpi, Shade Tree Enforcement Official Bob Hogan, Borough Resident Doug Ryder, Borough Resident Elaina Caldera, Borough Resident Jennifer Pardee, Borough Resident Roger Dolan, Borough Resident Vito Lentini, Borough Resident Mel Israel, Business Representative Dr. Edward Westervelt, Red Bed Bank Regional HS Superintendent Dr. Carolyn Kossack, Little Silver Schools Superintendent TRAFFIC SAFETY COMMITTEE l year terms Mayor Suzanne S. Castleman David Gilmour, Council Representative Lieutenant Gary LaBruno, L.S. Police Representative Frank Carmody, Chairperson Jim Norton Chip Connell William Yodice, Capt. NJ State Police (Retired) John Cheevers Joseph Spitale Eileen Mahoney Jennifer Pardee Edward Rumolo Karen Scharmann Karin Sidun Jean Kelly PARKER HOMESTEAD BOARD OF TRUSTEES 1 year terms Mayor Suzanne S. Castleman Council Representative Nicholas Codispoti, Chairman Joyce Codispoti, Vice-Chairlady John Bennett, Borough Attorney William Wikoff Dr. Marjorie Heller, Little Silver Schools Robert Sickles, Sr. David Griffiths Dale Leach Lynda Messinger Keith Wells Jim McNally Albert Doty Thayne Tessenholt Ann Mihlon John Measley Chester Apy Susan Quick Jean Bruening Rosemary Brewer Marion Becker Joan Cichalski Jennifer Pardee Monte Edwards DOWNTOWN DEVELOPMENT COMMITTEE 1 year terms Mayor Suzanne S. Castleman Stuart Van Winkle, Council Representative Jonathan Bitman, Council Representative Gregory Blash, Borough Engineer Michael D. Biehl, Administrator/Clerk James Bollerman Ben Lucarelli FINANCIAL ADVISORY COMMITTEE 1 year terms Stuart W. Van Winkle, Council Representative Roger Fitzsimmons William McKenna Donald Castleman DRUG ALLIANCE COMMITTEE Mayor Suzanne S. Castleman David E. Gilmour, Council Representative Police Department – Dare Representative, Sgt. Martin Scherzinger Police Department – Sgt. Daniel Shaffery, Detective Little Silver Board of Education Representative Red Bank Regional High School Board of Education Representative Juvenile Conference Representative – Barbara Cottrell Three Students – Little Silver RBR High School Representatives Middle School (Peer Leaders) One Male and One Female Rep. Dennis Morolda, Markham School Principal Guidance Counselor – Little Silver Schools- Dee Trillo Resident – Richard Canneto Resident – Kelly Senkeleski Resident – Macaire Osmont Mayor Castleman appoints the following to serve on the designated Council Committees for the year 2009: FINANCE AND BUDGET AND INSURANCE: Stuart W. Van Winkle, Chairperson Robert C. Neff, Jr. Daniel Levine POLICE AND EMERGENCY PREPAREDNESS: David E. Gilmour, Chairperson Stuart W. Van Winkle Jonathan H. Bitman PUBLIC WORKS: Jonathan H. Bitman, Chairperson Stuart W. Van Winkle Daniel J. O’Hern, Jr. BUILDINGS, GROUNDS, EQUIPMENT AND STREET LIGHTS: Daniel J. O’Hern, Jr., Chairperson David E. Gilmour Daniel Levine FIRE, FIRST AID AND NEWSLETTER: Daniel Levine, Chairperson Robert C. Neff, Jr. Jonathan H. Bitman PERSONNEL: Robert C. Neff, Jr., Chairperson David E. Gilmour Daniel J. O’Hern, Jr. COUNCIL LIAISON: Traffic Safety Committee, Drug Alliance, Local Emergency Planning Council David E. Gilmour Business and Professional Association and Finance Advisory, Waterfront Committee Stuart W. Van Winkle Environmental Commission, Shade Tree Commission and Open Space Robert C. Neff, Jr. Board of Health, Public Affairs and Library Trustees Daniel Levine Recreation, Property Maintenance, Downtown Development Committee Daniel J. O’Hern, Jr. Planning Board, Americans With Disabilities Act Committee, Parker Homestead Liaison, Recycling, Little Silver Cross Acceptance Liaison Jonathan H. Bitman Police Shared Services Information Committee - Little Silver Council Representatives David E. Gilmour Stuart W. Van Winkle Robert C. Neff, Jr. 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 Michael D. Biehl be and is hereby designated Subdivision and Improvement Search Officer of the Borough of Little Silver. 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 Laura Geraghty be and is hereby designated Tax Search Officer of the Borough of Little Silver. R E S O L U T I O N WHEREAS, NJSA 51:4-67 permits the Governing Body of each municipality to fix the rate of interest to be charged for non-payment of taxes or assessments for the late payment of taxes, subject to any abatement or discount; NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Little Silver, County of Monmouth, State of New Jersey as follows: 1. Effective January 1, 2009 there shall be a ten (10) day grace period; no interest shall be charged on any tax payments made within 10 days of the due date for payment of property taxes; any payments not made within the ten (10) day grace period shall be charged interest from the due date as set forth in item three of this resolution; 2. If the tenth (10th) day after the due date falls on a weekend, Borough Holiday or any other day on which the Borough Tax Office is closed the grace period shall end at the close on the next working day at 4:30 p.m.; 3. The Tax Collector be and is hereby authorized and directed to charge 8% per annum on the first $1,500.00 of taxes becoming delinquent after the due date, 18% per annum on any tax in excess of $1,500.00 becoming delinquent after the due date and an additional 6% penalty on any delinquency in excess of $10,000 which extends beyond the end of the calendar year; 4. A certified copy of this resolution shall be provided by the Borough of Little Silver to the Tax Collector, Borough Attorney and Borough Auditor of the Borough of Little Silver. R E S O L U T I O N BE IT RESOLVED that all officers handling Borough monies shall present their bonds to the Mayor and Council, as required by law, and said bonds shall be filed with the Borough as also required by law. R E S O L U T I O N BE IT RESOLVED that the regular meetings (at which official action may be taken) of the Mayor and Council of the Borough of Little Silver for the year 2009 shall be held on the following dates at 8:00 p.m. at the Council Chambers, Borough Hall, Little Silver, unless otherwise noted except, the Organization Meeting on Monday, January 4, 2010, which will be held at 7:30 p.m. in the Council Chambers of the Borough Hall: Monday, January 5 (Organization Meeting) Monday, January 26 Monday, February 2 and February 23 Monday, March 2 and March 16 Monday, April 6 and April 20 Monday, May 4 and May 18 Monday, June 1 Monday, July 6 Monday, August 3 Monday, September 14 and September 21 Monday, October 5 and October 19 Monday, November 16 Monday, December 7 and December 21 BE IT FURTHER RESOLVED that the regular agenda meetings (at which no official action will be taken) of the Mayor and Council of the Borough of Little Silver for the year 2009 shall be held at Borough Hall, Little Silver on the following dates at 6:30 p.m.: (COUNCIL WILL CONVENE at 6:00 P.M. FOR SIGNING OF VOUCHERS) Monday, January 26 Monday, February 2 and February 23 Monday, March 2, March 16 Monday, April 6 and April 20 Monday, May 4 and May 18 Monday, June 1 Monday, July 6 Monday, August 3 Monday, September 14 and September 21 Monday, October 5 and October 19 Monday, November 16 Monday, December 7 and December 21 SPECIAL BUDGET MEETING - 7:00 P.M. Thursday, February 19 (General Discussion) R E S O L U T I O N BE IT RESOLVED that The Asbury Park Press, The Two River Times and The Star Ledger are hereby designated as the official newspapers for the advertising of legal notices for the Borough of Little Silver. R E S O L U T I O N WHEREAS, from time to time it becomes necessary for the Borough of Little Silver to make payment of certain bills on or before a specific date; and WHEREAS, said bills are of a contract, utility or insurance nature and have been incurred as the result of previous actions of the Mayor and Council; and WHEREAS, failure to make payment on a timely basis would result in additional interest cost and/or cessation of services vital to the public health, safety and welfare of the Borough of Little Silver; and WHEREAS, the regular meetings of the Mayor and Council of Little Silver are, at times, not frequent enough to insure approval of certain bills on or before their due date; and WHEREAS, properly authenticated vouchers will have been submitted to the Chief Financial Officer before the bill will be paid; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver that the Chief Financial Officer, with the approval of the Mayor and Borough Clerk, be and is hereby authorized during the year 2009 to pay invoices for insurance premiums, public utility services and public contracts, notwithstanding that the vouchers for the same have not been previously approved by the Council. R E S O L U T I O N BE IT RESOLVED that all monies belonging to the Borough of Little Silver shall be deposited in: VALLEY NATIONAL BANK WACHOVIA BANK CENTRAL JERSEY BANK NEW JERSEY CASH MANAGEMENT FUND BANK OF AMERICA SOVEREIGN BANK which are hereby designated as official depositories for the Borough of Little Silver for the year 2009. R E S O L U T I O N BE IT RESOLVED that the order of business for regular meetings of the Mayor and Council for the year 2009 shall be as follows with the Council and public discussion following each item of Committee Reports and Borough Business: l. Meeting called to order - Statement of Compliance with Open Public Meetings Act. 2. Salute to the Flag. 3. Moment of Silence - Tributes. 4. Roll Call. 5. Receipt of bids on contracts, when required. 6. Public Hearing on Ordinances, if any advertised. 7. Approval of Minutes as circulated. 8. Communications. 9. Student remarks and brief remarks on the Agenda from other members of the public. 10. Payment of Bills and Claims. 11. Reports of Councilmembers. 12. Mayor's Report. 13. Other Reports. 14. Unfinished Business. 15. New Business. 16. Good of the Borough - Remarks of the Public. 17. Adjournment. R E S O L U T I O N WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and other obligations and other matters relating to capital financing by the Borough of Little Silver, County of Monmouth, New Jersey (herein the “Borough”); and WHEREAS, such specialized legal services can be provided only by a recognized Bond Counsel firm, and the law firm of Dilworth Paxson LLP, Wall, New Jersey, are so recognized by the financial community; and WHEREAS, the services to be performed are “professional services” as defined in the Local Public Contracts Law, N.J.S.A. 40A:11-2(6), and therefore are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; and WHEREAS, funds are or will be available for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, in the County of Monmouth, New Jersey as follows: 1. That the Borough Council hereby appoints the firm of Dilworth Paxson LLP, Attorneys at Law, Wall, New Jersey, to serve as Bond Counsel to the Borough in connection with the financing of capital projects, and awards the contract which is annexed hereto and made a part hereof (the “Contract”), in accordance with N.J.S.A. 40A:11-1 et seq. 2. That the Mayor or other appropriate official of the Borough, on behalf of the Borough, is hereby authorized and directed to execute the Contract and the Clerk is hereby authorized and directed to attest to the execution of said Contract for professional services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Borough. 3. That no appropriation of funds is required at this time, payment coming from the proceeds of the sale of bonds, bond anticipation notes and tax anticipation notes or similar obligations or from capital authorizations or other appropriate budgeted items in accordance with the attached Contract. 4. That this Contract is awarded without competitive bidding as a professional service under the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), because legal services are a recognized profession licensed and regulated by law. 5. That a notice in accordance with the resolution and the Local Public Contracts Law, shall be published in the official newspaper or newspapers of the Borough. 6. That an executed copy of the Contract between the Borough and Dilworth Paxson LLP and a copy of this resolution shall be filed in the Office of the Clerk and be available there for public inspection in accordance with the law. R E S O L U T I O N CASH MANAGEMENT PLAN WHEREAS, P.L. 1983, Chapter 8, Local Fiscal Affairs Law; N.J.S. 40A:5-14, has been amended to require that each municipality designate a Cash Management Plan for the deposit of each local unit's monies; NOW, THEREFORE, BE IT RESOLVED that the attached Cash Management Plan of the Borough of Little Silver be and hereby is adopted subject to the approval of the Borough Attorney. A. DESIGNATION OF OFFICIAL DEPOSITORIES: The financial institutions are designated as official depositories by Resolution of the governing body annually at the organization meeting in January of each year, and may be updated by Resolution as needed. Designated official depositories are required to submit to the Chief Financial Officer of the Borough of Little Silver a copy of the State of New Jersey, Department of Banking, Governmental Unit Deposit Protection Act Notification of Eligibility, which must be filed semi-annually in the Department of Banking as of June 30th and December 31st of each year. Said Notices must be available for annual audit. B. DEPOSIT OF FUNDS: All funds shall be deposited within forty-eight (48) hours of receipt in accordance with N.J.S.A. 40A:5-15, to maximize interest earnings. Operating funds shall be deposited into interest bearing accounts to maximize interest earnings. Capital and Debt service funds may be deposited into interest bearing accounts. Non-interest bearing accounts shall be regularly monitored for the availability of funds for investment. Trust funds may be deposited into interest bearing accounts in accordance with the State statutes regulating the deposit of developers escrow deposits. Non-interest bearing accounts should be regularly monitored for availability of funds for investment except where either State or Federal Laws prohibit the earning of interest on such funds. Payroll and agency remittance funds shall be maintained in regular checking accounts, only insofar as they serve to compensate the bank for payroll data processing services, should the bank not offer said services free of charge. C. DESIGNATION OF ALLOWANCE INVESTMENT INSTRUMENTS: The Borough may permit deposits and investments in such depositories as permitted in Section 4 of P.L. 1970, Chapter 236 (C.17:19-44) and other instruments specified below: United States Treasury Bills (T-Bills) Commercial Bank Deposits and Certificates of Deposit (CD's) Repurchase Agreements State of New Jersey Cash Management Fund D. DEFINITION OF ACCEPTABLE COLLATERAL AND PROTECTION OF BOROUGH ASSETS: All designated depositories must conform to all applicable State statutes concerning depositories of Public Funds. All depositories shall obtain the highest amount possible F.D.I.C. coverage of all Borough assets (Demand and Certificate of Deposit). Collateral will be required for all deposits and investments of the Borough, except for those in the State Cash Management Fund; collateral must have a market value of not less than 100 percent of all deposits and investments. For pledges by depositories on Borough funds, the following securities will be considered acceptable for pledges: a. Any security backed by the U.S. Government b. Any direct obligation of any taxing authority within the Borough of Little Silver E. COMPENSATING BALANCE AGREEMENTS: Where compensating balances are used to offset bank expenses, an agreement between the bank and the Borough shall be executed, specifying the charge for each service. Said agreement shall be reviewed annually. F. REPORTING PROCEDURES: The Chief Financial Officer shall prepare for the Mayor and Council of the Borough of Little Silver the following: MONTHLY REPORTING: a. Financial Summary detailing the receipts, disbursements, investments, and cash on hand b. Revenue Status Report c. Budget Control Status Report QUARTERLY REPORTING: a. Cash Performance Bond Summary b. Engineering Review Fees Summary c. Professional Review Fees Summary G. DIVERSIFICATION REQUIREMENTS: The Chief Financial Officer shall closely examine investments to guard against the effects of a financial institution going into default. This may be accomplished through the practice of spreading the investments among the various designated official depositories when feasible. H. MAXIMUM MATURITY POLICY: Investments shall be limited to a maturity not to exceed one year on all operating funds unless a longer maturity is permitted within the provision of regulation promulgated by either the Federal or State Governments. I. INVESTMENT PROCEDURES: Bids for Certificates of Deposit and Repurchase Agreements will be solicited of at least three (3) designated depositories only if the amount is $100,000 or greater. Telephone bids will be solicited of designated depositories by the Chief Financial Officer or designated staff member. The depository shall specify the principal amount of the investment bid on, interest rate and number of days used to calculate the interest to be paid upon maturity. Interest paid shall be from the date the bid was awarded to the day of maturity. All bidders may request the results of the bid after the bid is formally awarded. A check or wire transfer of funds will be made available to the winning bidder on the same business day the bid is awarded. Each quotation shall be documented to record the date and time of quote, the parties in the discussion, the instrument(s), maturities and rates. A bid form of the Borough may be used. J. RETURN ON INVESTMENT: Where the return on a proposed investment does not exceed the cost of making said investment by a minimum amount the Chief Financial Officer will not make the investment. The Chief Financial Officer shall have the discretion to award an investment to the bank wherein the funds reside, should that bank's quoted rate be less that other quoted rates received in the event that the differential in interest rates is less than 25 basis points, and providing that the term of the investment is less than fifteen (15) days. K. CONTROLS: When possible, the internal controls should provide for separation of the investment placement functions and the accounting activity. Controls must be designated for telephone orders, wire transfers and securities safekeeping. Only specifically designated personnel shall be allowed to conduct this part of the transactions, and all activity should be subject to immediate written confirmation by the designated depository. L. BONDING: The following officials shall be covered by surety bonds; said surety bonds to be examined by the independent auditor to insure their proper execution: Borough Clerk Chief Financial Officer Tax Collector Municipal Court Judge Municipal Court Administrator Staff members of the Department of Finance not covered by separate surety bonds shall be covered by the Borough's blanket bond. M. COMPLIANCE: The Cash Management Plan of the Borough of Little Silver shall be subject to the annual audit conducted pursuant to N.J.S. 40A:5-4. N. CUSTODY OF MONIES: The Official charged with the custody of the monies of the Borough of Little Silver shall deposit them as designated by the Cash Management Plan and shall thereafter be relieved of any liability or loss of such monies due to the insolvency or closing of any depository designated in the Cash Management Plan pursuant to N.J.S. 40A:5-15. O. CONFLICT: Where a conflict exists between this Cash Management Plan and State statute, the applicable State statute shall apply. R E S O L U T I O N WHEREAS, changes to the Local Public Contracts Law gave local contracting units the ability to increase their bid threshold up to $29,000.00; and WHEREAS, N.J.S.A. 40A:11-3a, permits an increase in the bid threshold if a Qualified Purchasing Agent is appointed as well as granted the authorization to negotiate and award such contracts below the bid threshold; and WHEREAS, N.J.A.C. 5:34-5 et seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and WHEREAS, Michael D. Biehl possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et seq.; and WHEREAS, the Governing Body of the Borough of Little Silver desires to take advantage of the increased bid threshold; NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Little Silver, in the County of Monmouth, in the State of New Jersey hereby increases its bid threshold to $29,000.00; and BE IT FURTHER RESOLVED, that in accordance with N.J.A.C. 5:34-5.2 the local unit Clerk is hereby authorized and directed to forward a certified copy of this Resolution and a copy of Michael D. Biehl’s certification to the Director of the Division of Local Government Services. R E S O L U T I O N BE IT RESOLVED that the Organization Meeting of the Mayor and Council of the Borough of Little Silver be adjourned. Motion to adjourn: Mr. Gilmour Second: Mr. VanWinkle Vote: Voice Vote – Ayes – Unanimous The Meeting was adjourned at 8:02 p.m. ________________________________ Michael D. Biehl., Administrator/Clerk | |||||||||||||||
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