MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL February 25, 2013

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1 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL February 25, 2013 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Neff at 8:30 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 on January 7, 2013, and 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." The salute to the flag was led by Dr. Scott and followed by a moment of silence. Present: Absent: Mayor Neff,,, Mr. O Hern, Dr. Scott, Attorney Ackerman, Mrs. Gormley, Administrator/Clerk Mr. Gilmour, Mr. Van Winkle Mrs. Gormley read the following: WHEREAS, the Mayor and Council of the Borough of Little Silver did heretofore advertise for public bids for the Improvements to Ayers Lane in the Borough of Little Silver; and WHEREAS, specifications for the same were prepared by the Borough Engineer; and WHEREAS, the following bids were received by the Administrator/Clerk at 10:00 a.m. on February 20, 2013 opened and publicly read as follows: Fernandes Construction, Inc. South River, N.J. $175, Jads Construction Co., Inc. South River, N.J. $188, F & P Contractors, Inc. South Amboy, NJ $199, Curb Con, Inc. Barnegat, N.J. $199, Earle Asphalt Company

2 Farmingdale, N.J. $204, Z Brothers Concrete Contractors, Inc. Sayreville, NJ $209, Fiore Paving Company Oceanport, N.J. $211, A & A Curbing, Inc. South River, NJ $212, Lucas Construction Group Morganville, NJ $219, Precise Construction, Inc. Freehold, NJ $236, L & L Paving Company, Inc. Tinton Falls, NJ $271,225.00; and WHEREAS, the Borough Engineer has reviewed the bids and recommends to the Mayor and Council that the low bid submitted by Fernandes Construction, Inc. be accepted; and WHEREAS, adequate funding for said improvements have been provided in Bond Ordinance # and a $160, Grant from New Jersey Department of Transportation for Improvements to Ayers Lane; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low bid submitted by Fernandes Construction, Inc. in the amount of $175, for the Roadway Improvements to Ayers Lane in the Borough of Little Silver be and is hereby accepted; and BE IT FURTHER RESOLVED that the Borough Administrator/Clerk be and is hereby authorized to return the bid bonds to the unsuccessful bidders. Dr. Scott Council and Public Discussion:,, Mr. O Hern, Dr. Scott,

3 PUBLIC HEARING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER FOR THE YEAR 2013 Mrs. Gormley certified that same had been published in the Two River Times on February 8, 2013, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O Hern Dr. Scott Voice Vote - Ayes - Unanimous Mayor Neff declared the hearing open and called for comments. Seeing none, he called for a Motion to close the hearing. Motion hearing be closed: Dr. Scott Mr. O Hern,, Mr. O Hern, Dr. Scott, Mayor Neff declared the hearing closed and called for a second reading. Mayor Neff 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 2013 Mr. O Hern,, Mr. O Hern, Dr. Scott, PUBLIC HEARING CALENDAR YEAR 2013 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: ) Mrs. Gormley certified that same had been published in the Two River Times on

4 February 8, 2013, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Dr. Scott,, Mr. O Hern, Dr. Scott, Mayor Neff declared the hearing open and called for comments. Seeing none, he called for a Motion to close the hearing. Motion hearing be closed:,, Mr. O Hern, Dr. Scott, Mayor Neff declared the hearing closed and called for a second reading. Mrs. Gormley introduced for second reading by title only: CALENDAR YEAR 2013 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: ) Dr. Scott Mr. O Hern,, Mr. O Hern, Dr. Scott, Consideration of Minutes for Regular Meetings of January 7, 2013: Council and Public Discussion: Vote: Voice Vote Ayes -- Unanimous

5 Consideration of Minutes for Regular Meetings of January 28, 2013: Council and Public Discussion: Vote: Voice Vote Ayes -- Unanimous Consideration of Executive Session Minutes of February 4, 2013: Mr. O Hern Council and Public Discussion: Vote: Voice Vote Ayes -- Unanimous Communications: Student remarks and brief remarks on the Agenda from other members of the Public: Resolution - Payment of Bills and Claims 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 $ 180, Operating Prior Year 3, School Taxes 0.00 Cobra Payment 0.00 Capital 3, Grant 4, Various Trusts & Reserves 76, Escrow Projects Payroll 2/15/13 $ 132, Void Checks: $ 0.00

6 Manual Checks: $ 0.00 ACH Debit AmeriFlex-Feb.2013 $ Authorize.Net-Feb Chase Paymentech-Feb Merchant Services-Feb Wire Transfers: Monmouth County Treasurer-Cty Taxes $1,195, Total $1,596, I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted. Laura M. Geraghty, C.M.F.O., Chief Financial Officer. Council and Public Discussion:,, Mr. O Hern, Dr. Scott, REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Recreation, Property Maintenance and Parker Homestead Liaison): Mr. O Hern reported that this Friday evening the Recreation Committee will sponsor the annual coaches appreciation dinner, which is a good opportunity to thank the volunteers who help with the recreation programs. POLICE AND EMERGENCY PREPAREDNESS (Board of Health, Library Trustees and Local Emergency Planning Council): Mr. Gilmour absent, Mayor Neff reported that Sgt. Martin Scherzinger has been named DARE Officer of the Year. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Planning Board, Americans With Disabilities Act Committee, Recycling and Little Silver Cross Acceptance Liaison): Dr. Scott reported that last week s Planning Board meeting had been canceled, rescheduled for later this month.

7 PERSONNEL (Traffic Safety Committee and Drug Alliance) reported that the process of replacing Mrs. Gormley, Administrator/Clerk, is moving along, with quite a few potential candidates. PUBLIC WORKS (Environmental Commission, Shade Tree Commission, Open Space, Capital Fund Projects Liaison and Recycling): reported the Environmental Commission is applying for a $10,000 grant from American Water. He added they are working on another Environmental Day for March 23. FINANCE AND BUDGET AND INSURANCE (Business and Professional Association, Waterfront Committee): Mr. Van Winkle absent, no report. Council and Public Discussion: Mayor's Report: Mayor Neff reported the Little Silver Education Foundation is holding a Dancing with the Stars fundraiser on March 8. He further reported he attended awards ceremonies for three Eagle Scouts, Kyle Morris, Alex Morris, and Joey Perfetto. Other Reports: Mrs. Gormley gave the Financial Summary for the Month of, 2013: Cash on Hand Beginning of the Month $11,428, Total Monthly Receipts 2,530, Total Monthly Disbursements 3, Cash Position 10,419, Less Debt Service -3, Balance $ 7,086, Old Business: New Business: ORDINANCE INTRODUCTION Mrs. Gormley introduced by title: BOND ORDINANCE RE-APPROPRIATING $450, PROCEEDS OF OBLIGATIONS, NOT NEEDED FOR ITS ORIGINAL PURPOSE, IN ORDER TO PROVIDE FOR THE PURCHASE OF FIRE EQUIPMENT IN AND BY THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY

8 Mrs. Gormley 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 March 18, Council and Public Discussion:,, Mr. O Hern, Dr. Scott, Consent Agenda: Mayor Neff announced that the following Resolutions had been discussed and would now be approved by Consent Agenda.,, Mr. O Hern, Dr. Scott, WHEREAS, the 2013 Salary Ordinance adopted on February 25, 2013 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 2013 at the rates designated as follows. Any officer or employee employed after January 1, 2013 shall have their annual compensation pro-rated as of the date of employment: NAME D.O.H POSITION OR TITLE C. Gary La Bruno Before 1/1/99 Captain 115, Robert Frank Before 1/1/99 Lieutenant 108, Martin Scherzinger Before 1/1/99 Sergeant 102, Kevin Halpin Before 1/1/99 Sergeant 102, Paul Halpin After 1/1/99 Sergeant 102, Peter Gibson After 1/1/99 Patrolman 96, Michael Lahey After 1/1/99 Patrolman 96, Gregory Oliva After 1/1/99 Patrolman 96,581.00

9 Francis Salerno After 1/1/99 Patrolman (5 years) 82, (1/1/13-8/5/13) Patrolman (6 years) 89, (8/6/13-12/31/13) Robert Chenoweth After 1/1/99 Patrolman (4 years) 75, (1/1/13-1/27/13) Patrolman (5 years) 82, (1/28/13-12/31/13) Peter Giblin After 1/1/99 Patrolman (2 Years) 60, (1/1/13-5/16/13) Patrolman (3 Years) 67, (5/17/13-12/31/13) Joseph Glynn After 1/1/99 Patrolman (2 Years) 60, (1/1/13-08/02/13) Patrolman (3 Years) 67, (8/03/13-12/31/13) Andrew Smith After 1/1/11 Patrolman (1 Year) 50, (1/01/13-8/22/13) Patrolman (2 Years) 56, (8/23/13-12/31/13) Amanda Arnold After 1/1/11 Patrolman (1 Year) 50, (1/1/13-10/09/13) Patrolman (2 Years) 56, (10/10/13-12/31/13) Eric Van Schaack After 1/1/11 Patrolman (Probationary) 44, (1/1/13-1/2/13) Patrolman (1 Year) 50, (1/3/13-12/31/13) 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 2013 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 2013 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.

10 WHEREAS, Pro Capital I, LLC bid and posted a premium of four thousand, eight hundred dollars ($4,800.00) for the purchase of a tax lien on Block 17, Lot 7 at the tax sale of September 16, 2010; and WHEREAS, the lien was satisfied on February 5, 2013 and the Borough is required to return the premium NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, that a check be drawn in the amount of four thousand, eight hundred dollars $4,800.00) to Pro Capital I, LLC representing the refund of the premium. WHEREAS, Kyle J. Morris, as a member of the Boy Scouts of America, Troop 126 in the Borough of Little Silver, has achieved the rank of Eagle Scout, the highest rank in Scouting; and WHEREAS, Kyle J. Morris, for his Eagle Scout Project, built heavy duty trash and recycling boxes for St. John s Church; and WHEREAS, Kyle J. Morris, worked with an adult expert on engineering construction drawings for two wood boxes, which are sturdy enough to keep out pests and invaders and big enough to accommodate trash cans, and recruited volunteers to transport materials, cut, assemble and paint the boxes, and delivered them to St. John s Church; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver does hereby recognize the achievement of Kyle J. Morris in attaining the rank of Eagle Scout and further, congratulates and commends him for his service to the Boy Scouts of America and to his community. WHEREAS, Alex J. Morris, as a member of the Boy Scouts of America, Troop 126 in the Borough of Little Silver, has achieved the rank of Eagle Scout, the highest rank in Scouting; and WHEREAS, Alex J. Morris, for his Eagle Scout Project, built and placed bat houses in various areas around the Borough of Little Silver; and WHEREAS, Alex J. Morris, found that bats are ecologically friendly, and help keep the mosquito population down, and endeavored to attract more bats to the Borough of Little

11 Silver properties and public parks by recruiting Scouts and volunteers to assemble, stencil, and paint the boxes, and placed them in Memorial Park, near the Parker Sickles Homestead and along nature trails around the Borough; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver does hereby recognize the achievement of Alex J. Morris in attaining the rank of Eagle Scout and further, congratulates and commends him for his service to the Boy Scouts of America and to his community. WHEREAS, Joseph P. Perfetto, as a member of the Boy Scouts of America, Troop 126 in the Borough of Little Silver, has achieved the rank of Eagle Scout, the highest rank in Scouting; and WHEREAS, Joseph P. Perfetto, for his Eagle Scout Project, marked over 600 storm drains in the Borough of Little Silver with a permanent marker stating No Dumping, Leads to River ; and WHEREAS, Joseph P. Perfetto, worked with the Little Silver Environmental Commission to locate the storm drains, label maps and organized Scouts and family members and friends to help complete his project; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver does hereby recognize the achievement of Joseph P. Perfetto in attaining the rank of Eagle Scout and further, congratulates and commends him for his service to the Boy Scouts of America and to his community. WHEREAS, Sickles Market, LLC has made application to the Mayor and Council of the Borough of Little Silver for a one (1) day liquor license for March 15, 2013 to be held at Sickles Market LLC, Harrison Avenue, Little Silver, NJ; and WHEREAS, the applicant has complied with all regulations governing such license; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the one (1) day liquor license for Sickles Market, LLC be and is hereby approved.

12 WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants for calendar year 2012 will memorialize the commitment of this municipality to recycling and indicate the assent of the Mayor and Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough of Little Silver hereby endorses the submission of a Municipal Recycling Tonnage Grant Application to the New Jersey Department of Environmental Protection and designates Helen Gormley, Certified Recycling Professional, 480 Prospect Avenue, Little Silver, New Jersey to ensure that said Application is properly filed. WHEREAS, application has been made to the Borough of Little Silver by Monmouth Medical Center Foundation to hold an On-Premise 50/50 Raffle on March 15, 2013; and WHEREAS, all requirements have been complied with for the holding of such Raffle;

13 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the application for an On-Premise 50/50 Raffle by Monmouth Medical Center Foundation be and is hereby approved. WHEREAS, the Borough of Little Silver has a need to acquire COAH Professional Planning services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and, WHEREAS, the Administrator/Clerk, Helen Gormley, has determined and certified in writing that the value of the acquisition may exceed $17,500; and WHEREAS, the anticipated term of this contract is one year (January 1, 2013-December 31, 2013); and WHEREAS, Coppola & Coppola Associates has submitted a proposal, indicating they will provide Professional Planning services for the Borough of Little Silver in the amount of $ per hour for Principal s time, $ per hour for Associate s time and $80.00 per hour for Drafting Personnel; and WHEREAS, Coppola & Coppola Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Coppola & Coppola has not made any reportable contributions to a political or candidate committee in the Borough of Little Silver in the previous one year, and that the contract will prohibit Coppola & Coppola Associates from making any reportable contributions through the term of the contract, and WHEREAS, pursuant to N.J.S.A. 40A:4-57, adequate funds are available for the payment of this contract in the Housing Rehabilitation Trust Fund; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver authorizes Robert C. Neff, Mayor to enter into a contract with Coppola & Coppola Associates as described herein; and BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. WHEREAS, the Borough of Little Silver has a need to acquire Municipal Auditing Services as contained in Government Auditing Standards as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

14 WHEREAS, the Administrator/Clerk, Helen Gormley has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is one year (January 1, 2013-December 31, 2013); and WHEREAS, Hutchins, Farrell, Meyer & Allison, P.A. has submitted a proposal indicating they will provide municipal auditing services as contained in Government Auditing Standards for the Borough of Little Silver in the amount of $34,250.00, Supplemental Debt Statement in the amount of $ and LOSAP in the amount of $1,000.00; and WHEREAS, Hutchins, Farrell, Meyer & Allison, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that Hutchins, Farrell, Meyer & Allison, P.A. has not made any reportable contributions to a political or candidate committee in the Borough of Little Silver in the previous one year, and that the contract will prohibit Hutchins, Farrell, Meyer & Allison, P.A. from making any reportable contributions through the term of the contract, and WHEREAS, pursuant to N.J.S.A. 40A:4-57, adequate funds are available for the payment of this contract in the 2013 Municipal Budget; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver authorizes Robert C. Neff, Jr., Mayor to enter into a contract with Hutchins, Farrell, Meyer & Allison, P.A. as described herein; and BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution. WHEREAS, Mary Birmingham Trufolo, the owner of 190 Pinckney Road in the Borough of Little Silver, Block 11, Lot 21, paid first quarter 2013 taxes in the amount of $1,888.32; and WHEREAS, Mrs. Trufolo s mortgage company, Chase Home Finance, also paid the first quarter 2013 taxes causing on overpayment necessitating a refund; and WHEREAS, the Tax Collector has a request from Mrs. Trufolo to refund the overpayment to her mortgage company; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, that a check be drawn in the amount of $1, payable to Chase Home Finance, C/O Core Logic-Refund Unit, 1 Core Logic Drive, Westlake, Texas, as a

15 refund of the overpayment of the first quarter taxes for 190 Pinckney Road, Block 11, Lot 21 in the Borough of Little Silver. WHEREAS, the Borough of Little Silver is in need of a contract for maintenance and repair of its HVAC systems at the Borough Hall, Library, Post Office Museum, Woman s Club, Parker Homestead and Annex, Concession Stand and Railroad Station from March 1, 2013 through February 28, 2015; and WHEREAS, the Qualified Purchasing Agent has solicited the following quotes: Automated Building Controls, Inc. Neptune, N.J. $9, Delta Heating & Cooling, LLC Ocean, NJ Pelco HVAC, LLC Red Bank, NJ Rowans Heating and Air Conditioning Fair Haven, NJ No Quote Submitted No Quote Submitted No Quote Submitted; and WHEREAS, adequate funding for this service will be contained in the 2013 and 2014 Operating Budget; and WHEREAS, the Administrator/Clerk has reviewed the quote and finds it to be in order recommends the quote submitted by Automated Building Controls, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Automated Building Controls, Inc. in the amount of $9, for HVAC systems maintenance and repairs be and is hereby accepted. WHEREAS, the agreement between the Borough of Little Silver and Little Silver PBA Local 359 adopted June 13, 2011 stipulates that employees hired after March 15, 2004 shall, if qualified, receive an educational credit upon (1) year of service to the Borough and after earning the appropriate college degree and submitting proof of said degree; and WHEREAS, the educational credit payment for these employees shall be a one- time payment for each degree earned and not reflected in base salary; and

16 WHEREAS, the educational credit payment for a bachelor s degree is $ ; and WHEREAS, Officer Eric Van Schaack has completed one year of service to the Borough effective January 3, 2013 and has submitted proof of said bachelor s degree; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver, that Officer Van Schaack receive a one-time educational credit payment of $ Public Portion: Remarks of the public for the good of the Borough: Seeing and hearing no further business, Mayor Neff called for a Motion to adjourn: Vote: Voice Vote - Ayes Unanimous The meeting was adjourned at 8:50 p.m. Helen Gormley Administrator/Clerk

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