BOROUGH OF BERNARDSVILLE Mayor and Council Reorganization Minutes January 3, 2011, 7:00 p.m. Statement of Presiding Officer.

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1 BOROUGH OF BERNARDSVILLE Mayor and Council Reorganization Minutes January 3, 2011, 7:00 p.m. Statement of Presiding Officer Notice of this meeting was provided to the Bernardsville News, Courier-News, Star Ledger, filed in the Office of the Borough Clerk, and posted on the Municipal Bulletin Board on November 22, Oaths of Office At a General Election held November 2, 2010, Lee C. Honecker was elected Mayor for a four year term until December 31, 2014, and Kevin R. Sooy and Craig Lawrence were elected to the Borough Council for three years until December 31, All three were sworn into office by the Borough Clerk. Roll Call & Pledge of Allegiance Present were Mayor Lee C. Honecker, Council Members Joseph DeMarco, Charlotte J. Foster, Craig Lawrence, John McCrossan, Joseph C. Rossi, Jr., and Kevin Sooy. Also present were Maryann Pidgeon and John Pidgeon, Borough Attorney, Ralph Maresca, Administrator/CMFO, and Sandra Jones, Borough Clerk/Assistant Administrator. Open Session Mayor Honecker opened the meeting to the public. Bernardsville residents spoke in opposition to proposed appointments to the Recreation Committee and the Planning Board and they urged reappointment of Messrs. Rossi and Dello Russo to Recreation. Those speakers included Jennifer O Connor of Ann Street, Jennifer Walsh of Crestview Drive, Jeff DeLeo of Mine Mount Road, Kile Kirst of Maple Village Road, Pam Cembrook of Tower Mountain Drive, Greg DiGiacchino, Chick Dello Russo of Mine Mount Road, Shawn Laverty of Ambar Place, Doug Smoot of Stone Fence Road and Al Schaufler of Mt. Airy Road. Matt Douglas of Flintlock Court commented that the new school field is awesome but it is sad that local teams cannot use it. Janet Waite expressed concern that the current blend on the Recreation Committee will change; that members with children in the program/schools are being removed. Barbara Long of Lloyd Road commented that in many hours of campaigning side by side with Mr. Honecker she did not hear any of the concerns voiced this evening. Jim Boylan of Charlotte Hill Drive commented that the athletic program and school spirit in Bernardsville is "pathetic". Hearing no further comments, Mayor Honecker closed the open session. -1-

2 Mayor s Annual Address So, what about 2011? What lies ahead? What are our challenges? We are now in a new era of government in NJ. Through all levels, Fiscal responsibility, a political catch-phrase of the past, has become a hard reality. The idea of shared-services, another campaign slogan, has moved to the forefront. We are required to keep property tax increases capped at 2%. We have the unenviable task of cutting costs while at the same time maintaining services at a level we all expect and enjoy. We must try to do more with less. We must look to share services wherever and whenever possible. The goal? Lower property taxes. But with this new fiscal responsibility and pursuit of shared-services comes a new catch-phrase: shared sacrifice. We all must share the same burden of sacrifice to make lower property taxes a reality. We all, as NJ residents, must be prepared to do more with less. All five hundred plus municipalities in NJ are under the same fiscal ceiling. All boards of education. All counties. Those are the challenges ahead of us. But being as we are and have always been in Bernardsville, we are prepared to tackle the challenges ahead: We will continue to buy our natural gas and electricity in bulk with 200 other municipalities. Last year this saved the boro about $12k in utility costs. Our labor contracts remain capped at 2.5% for The citizen complaint system is up and running, with reports coming to council on a monthly basis. We have applied for various grants in unison with the county for further energy savings in We could see as much as $50k-$150k in energy grant funding. The finance committee has already started work on debt service reduction, which could save the boro tens of thousands of dollars on interest payments in the future. And, finally, the boro is continuing to look at cost savings through outsourcing services wherever and whenever possible. Every employee at borough hall has worked very hard for you this past year. The borough council has worked very hard to keep costs down. I am extremely proud of all of you and I thank you for your efforts. There is someone I want to particularly thank. Years ago, back during my last campaign for a council seat, I ran across an affable young man working in his yard on old army road. His name was Ed Mcdowell. We talked for a bit and he said he appreciated the work I put in and hoped one day to run for council himself. A few years later he got elected to borough council and has done a -2-

3 great job. Ed chose not to run for another term due to work and family commitments, which, with our positions being uncompensated, was understandable. I personally want to thank Ed for all his past support and hard work, and I think I speak for all of us here when I say that we wish him well. Let me also say that I am proud to be the mayor of what I consider to be the finest community in the state of New Jersey. I enjoyed working with everyone in 2010 and look forward to working with you, and for you, in the next four years. Thank you all very much for coming and I hope everyone has a happy and healthy new year. Mayor s appointments Environmental Commission Thomas Voss, Sherry Frawley, Paul St. Onge 3 years HPAC Kathy Treppiccione 4 years HPAC Alternate #2 to be determined 2 years HPAC Sally Sutherland, unexpired term 12/31/11 Planning Board, Class I Craig Lawrence (serves at pleasure of Mayor) Planning Board, Class II Alice Rochat 1 year Planning Board, Class IV Robert Graham 4 years Planning Board, Class IV Mary Kellogg, unexpired term 12/31/11 Shade Tree Advisory Committee Anne Wazeter, William Fischer 4 years SC Community Development Paula Marasco 1 year Upper Raritan Watershed AC Sherry Frawley 1 year SC Wastewater Management Plan Donald Knudsen, John Macdowall, 1 year Bob Brightly, and Lee Honecker MAYOR S AD HOC COMMITTEE APPOINTMENTS Municipal Grants Information Systems Highlands Evaluation Mun. Alliance & Youth Services Charlotte Foster, Paula Marasco, Kate Lincoln David Greenebaum, Joe Rossi, Sandra Jones, Anthony Suriano, John McCrossan, Ed McDowell, Stephen Marasco, Karen Brodsky, Michael Landau Terry Thompson and Donald Knudsen John Grund, Malinda Davis-Campbell, Tim McDonald, Kevin Valentine, Alice Steinbacher, Cheryl Ferrante, Kevin Sooy, Nancy Palazzolo Resolutions #11-1 COUNCIL CONFIRMATION OF THE MAYOR S APPOINTMENTS Moved by Mr. Rossi to confirm the following: -3-

4 Board of Health Edith Cavaluzzo, Leonard Friedman 3 years Board of Health Cynthia Meanwell unexpired term 12/31/11 Library Board of Trustees Terry Thompson, Patrice Cummings 5 years Library Board of Trustees John LaDuc, unexpired term 12/31/13 Recreation Committee Doug Doremus, Peter Thurlow, Jeff Melitski 3 years Open Space AC Mary Jane Canose 3 years Ten Towns Terry Thompson (to conclude business) 1 year SC Cultural/Heritage Vacancy (nomination) 1 year Housing Advisory Greg DiGioacchino, Thomas S. Diemar, Susan DeGhetto Anastasia, Scott Ritchie 1 year Housing Advisory Lisa Honecker, Robert Marasco, David Neill, Nancy Bury 2 years Motion was seconded by Mr. Lawrence and approved with six yes votes. #11-2 BOROUGH COUNCIL APPOINTMENTS & NOMINATION Moved by Mrs. Foster to appoint the following individuals: Board of Adjustment, George Peterson, Paul Biba 4 years Board of Adjustment, Diane Kramer Alternate#2, Jeff Sailliard A#4 2 years Board of Adjustment, Renee Robertson, unexpired term 12/31/11 Environmental Commission, Peter F. M. Miller, Alternate #1 2 years SC Community Development, John McCrossan 1 year SC Solid Waste AC (nomination), Robert Marasco 1 year Motion was seconded by Mr. Sooy and approved with six yes votes. #11-3 ELECTION OF COUNCIL PRESIDENT Moved by Mr. Rossi that Kevin Sooy will serve as Council President for Motion was seconded by Mr. Lawrence and approved with six yes votes. #11-4 ORGANIZATION OF BOROUGH COUNCIL Mr. Rossi moved that the Public Works Committee consist of Joseph Rossi, Joseph DeMarco and Kevin Sooy. There was no second; motion failed. Moved by Mrs. Foster to appoint: PUBLIC SAFETY COMMITTEE: Craig Lawrence, Charlotte Foster, Joe Rossi FINANCE COMMITTEE: John McCrossan, Craig Lawrence, Joe Rossi PERSONNEL COMMITTEE: Charlotte Foster, Joe DeMarco, Kevin Sooy -4-

5 PUBLIC WORKS COMMITTEE: John McCrossan, Joe DeMarco, Kevin Sooy OTHER COUNCIL RESPONSIBILITIES Planning Board Class III Member: Charlotte Foster Liaison to Environmental Commission: Joe DeMarco Liaison to Historic Preservation Advisory Board: Charlotte Foster Open Space Advisory Committee: Charlotte Foster and Joe DeMarco Liaison to Shade Tree Committee and Housing Committee: Kevin Sooy Liaison to Board of Health: Craig Lawrence Representative to JIF: Craig Lawrence Motion was seconded by Mr. McCrossan and approved with five yes votes. Mr. Rossi voted no. Mrs. Foster moved that Mr. McCrossan serve as Council Liaison to the Recreation Committee. Mr. Lawrence seconded the motion, which was approved with five yes votes. Mr. Rossi voted no. #11-5 AUTHORIZING PROFESSIONAL SERVICES APPOINTMENTS/CONTRACTS Moved by Mrs. Foster: WHEREAS, the Borough of Bernardsville has a need to acquire services listed herein as non-fair and open contracts pursuant to the provisions of N.J.S.A. 19:44A or 20.5 as appropriate, and WHEREAS, the Finance Officer has determined and certified in writing that the value of the acquisition will exceed $17,500, and WHEREAS, the anticipated term of the contracts is one year, and the contractors listed herein have submitted proposals indicating they will provide the services needed by the Borough, and WHEREAS, the contractors have completed and submitted a Business Entity Disclosure Certification which certifies that their business entity has not made any reportable contributions to a political or candidate committee in the Borough of Bernardsville in the previous one year, and that the contract will prohibit the contractors named herein from making any reportable contributions through the term of the contract, and WHEREAS, the Finance Officer has certified in writing that sufficient funds are available for these contracts. NOW, THEREFORE, BE IT RESOLVED that the Borough of Bernardsville authorizes contracts with the following professional services contractors for 2011: -5-

6 Pidgeon and Pidgeon, for Legal Services Apruzzese, McDermott, Mastro & Murphy, Labor Counsel Hanlon, Dunn and Robertson, Public Defenders Miles Winder, Prosecutor Ferriero Engineering, Inc., Borough Engineers Hawkins, Delafield & Wood, Bonding Attorneys John D. Cassells & Company, Auditor James Hurley Agency, Insurance Agent and JIF Risk Manager Malcolm Pirnie, Inc., for wastewater consulting Coded Systems, Inc., for ordinance codification Brownworth Engineering LLC, for the downtown project Stormwater Compliance Solutions, for NJDEP storm water compliance Princeton Hydro for memorial pond dredging RBA Group for general engineering Maser Consulting for general engineering CME Associates for general engineering Dewberry for general engineering Remington & Vernick for general engineering BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution, and that notice of these awards be advertised once in the Bernardsville News. Motion was seconded by Mr. Lawrence and approved with six yes votes. #11-6 APPOINTMENT OF BOROUGH OFFICIALS AND EMPLOYEES Moved by Mr. DeMarco to confirm the following appointments for 2011: Ralph Maresca, Administrator & Affirmative Action Compliance Officer Sandra G. Jones, Assistant Administrator, Assessment Search Officer John R. Pidgeon, Municipal Attorney John Cassells of Nisivoccia & Company LLP, Municipal Auditor Miles Winder, Prosecutor Robert Dunn, Public Defender Anthony Suriano, Deputy Borough Clerk Jenny Lin, Purchasing Agent Rebecca Roth, Tax Search Officer Crossing Guards, contingent upon passing hearing and vision testing: Kim Brenner, Sergeant, Shelly Benetin, Patricia LaVecchia, John Lucas, Peter Nastacio, Martha Santini, Deborah Vaughn, Bruce Watson, and Substitutes Elizabeth Cook, John Heppes, Carol Melendez, Nancy Negri -6-

7 Motion was seconded by Mrs. Foster and approved with six yes votes. #11-7 DESIGNATION OF DEPOSITORIES AND SIGNATORIES Moved by Mr. Rossi that the following banks are designated depositories for funds of the Borough, including Current Funds, Public Defender fees, Open Space Trust Funds, Animal Control Funds, Capital Funds, Assessment Trust funds, Sewer Utility Funds, Sewer Capital account, Recreation/Pool Utility Funds, Recreation/Pool capital account, payroll funds, escrow account, landfill escrow account, construction fund, Municipal Court account, bail bond account, State and Federal Grants fund, Railroad Station fund, Somerset Hills Alliance Fund, Fire Penalty Account, COAH Development Fees Account, Police Department Law Enforcement Trust account, Police Off-Duty Employment, Shade Tree Trust Fund, and subject to receipt from each depository hereafter named, their statement of financial condition which is equal to, or better than, current standards: Millington Savings Bank, Millington, NJ Peapack-Gladstone Bank, Bernardsville, NJ The Bank of the Somerset Hills, Bernardsville, NJ Bank of America, Basking Ridge and Bridgewater, NJ State of NJ, Cash Management, Trenton, NJ Roselle Savings Bank, Bernardsville, NJ United National Bank, Bernardsville, NJ BE IT FURTHER RESOLVED that the Mayor, Council President or a Member of the Finance Committee, Administrator/CMFO, Borough Clerk or, in her absence the Deputy Borough Clerk, are hereby authorized to sign all checks, notes and drafts of this Borough drawn on any account in the above institutions which have been or may be opened in accordance with resolution (except payroll account) and that any of them is hereby authorized to endorse and deposit checks and drafts payable to the Borough. AND BE IT FURTHER RESOLVED that the Borough Clerk is authorized to sign payroll checks and in her absence the Treasurer, Administrator/Finance Officer and Deputy Borough Clerk are authorized to sign said checks. Motion was seconded by Mr. DeMarco and approved with six yes votes. Mr. Sooy moved approval of Resolutions #11-8 through # Mr. Rossi seconded the motion, which was approved with six yes votes. #11-8 RATE OF INTEREST ON 2011 DELINQUENT TAXES FOR TAXES NOT IN ARREARS, 0% for ten days after the first day of the month on which the taxes are due. Taxes not paid during this ten day period shall be deemed to be in arrears as of the said first day of the month. -7-

8 FOR TAXES IN ARREARS, 8% per annum on the first $1500 of the delinquency, 18% per annum on any amount in excess of $1500 BOTH TO BE INCREASED TO THE MAXIMUM ALLOWED BY LAW IN THE EVENT OF AN INCREASE IN THE STATUTORY MAXIMUM. RESOLVED FURTHER that pursuant to N.J.S.A. 54:4-67, as amended, a penalty shall be charged to a taxpayer with a delinquency in excess of $10,000 who fails to pay said delinquency prior to the end of the calendar year. The penalty so charged is hereby fixed at 6% of the amount of the delinquency; and if taxes are fully paid and satisfied for that calendar year by the holder of an outstanding tax sale certificate, the holder shall be entitled to receive the same 6% penalty as part of the amount required to redeem such certificate of sale; and pursuant to N.J.S.A. 54:5-61, as amended, the amount to be charged on account of tax sale certificates shall include the following redemption penalties: A. 2% of the amount of the certificate over $200 and up to $5,000 B. 4% of the amount of the certificate over $5,000 and up to $10,000 C. 6% of the amount of the certificate over $10,000 and that a service charge in the amount of $20 shall be imposed for each check returned for insufficient funds. RESOLVED FURTHER that per N.J.S.A. 54:4-66.3, if failure of the State to approve budgets in a timely manner causes the delay in the delivery of property tax bills, the Collector must include notice of the payment date after which interest will be charged back to the statutory dates. No interest may be charged for 25 days after mailing. #11-9 AUTHORIZATION FOR INVESTMENTS Resolved that the Administrator/CMFO is authorized to make investments of Borough funds, subject to Current Policy on Investments and subsequent approval by the Borough Council, maximum of $4,000, (except NJ Cash Management), GUDPA insures all governmental deposits, Check financial statements of banks quarterly and report on Cap/Assets ratio and Investments in individual banks may be increased above limits above, based on Cap/Assets ratio; minimum 6% (will seek highest interest rate for shortterm investments; some banks with very high C/A ratios are not competitive.) -8-

9 #11-10 DESIGNATION OF OFFICIAL NEWSPAPERS Resolved that the Bernardsville News, Courier News and Star Ledger is designated as the official newspapers for the Borough, that all official notices may be published in any or all of these papers, and they are hereby designated to receive notice of meetings in accordance with Section 3d of the Open Public Meetings Act because said newspapers have the greatest likelihood of informing the public of such meetings. #11-11 AUTHORIZING ADVERTISEMENT FOR BIDS FOR SUPPLIES & SERVICES Resolved that the Borough Clerk (or her designee) is hereby authorized to advertise for bids in the usual form for Sludge removal, Spring roadside cleanup, Water sampling and lab analysis, Road improvements, Garbage container pickup, Snow plowing/sidewalk clearing, Liquid Alum, Grass cutting/lawn maintenance, Police vehicles, Landfill tub grinding, Road Department equipment and vehicles, Catch basin jet vac cleaning, and Tree pruning/removal services, to be publicly opened in accordance with law by the Administrator or his authorized delegate, who is hereby designated as the contracting agent for the Borough for the aforesaid purposes. Mrs. Foster moved approval of Resolutions #11-12 to # Mr. Rossi seconded the motion, which was approved upon a call of the roll: Mr. DeMarco yes Mr. McCrossan yes Mrs. Foster yes Mr. Rossi yes Mr. Lawrence yes Mr. Sooy yes #11-12 TEMPORARY APPROPRIATIONS FOR OPERATING PURPOSES WHEREAS, 40A:4-19 Local Budget Act provides that (where any contracts, commitments or payments are to be made prior to the final adoption of the 2011 budget) temporary appropriations be made for the purposes and amounts required in the manner and time therein provided; WHEREAS, the date of this resolution is within the first thirty days of 2011, and WHEREAS, the total appropriations in the 2010 Budget, less appropriations made for capital improvement fund and debt services are as follows: General $ 9,227, Sewer Utility $ 906, Swim/Recreation $ 573,

10 WHEREAS, percent of the total appropriations in the 2010 Budget less appropriations for capital improvement fund and debt service in the said Budget is as follows: General $ 2,422, Sewer Utility $ 237, Swim/Recreation $ 150, NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Bernardsville, County of Somerset that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records. #11-13 APPROVING TEMPORARY BUDGET LINE ITEMS RESOLVED that the breakdown by line item, as shown in the attachment entitled "Approving Temporary Budget Line Items", is hereby adopted. #11-14 ADOPTING A CASH MANAGEMENT PLAN Resolved that the Borough Council of the Borough of Bernardsville, County of Somerset, for the year 2011 or until further action by the Borough Council, shall adopt the policy attached hereto as "Attachment A", which shall serve as the cash management plan of the Borough of Bernardsville. The Chief Financial Officer is directed to use this cash management plan as the guide in depositing and investing the Borough funds. Suitable and authorized investments are Interest-bearing bank accounts and certificates of deposit in authorized banks, listed below, for deposit of local unit funds; Government money market mutual funds as comply with N.J.S.A. 40A:5-15.1(e); Local government investment pools which comply with N.J.S.A. 40A:5-15.1(e) and conditions set by the Division of Local Government Services; New Jersey State Cash Management Fund; and Repurchase agreements (repos) of fully collateralized securities which comply with N.J.S.A. 40A:5-15.1(a). Each month, the Chief Financial Officer shall prepare a schedule of investments purchased and redeemed, investment earnings, fees incurred and market value of all investments. Government Unit Depository Protection Act approved banks are authorized depositories for the deposit of funds and those used by the Borough of Bernardsville are listed in Resolution #11-7. The Chief Financial Officer shall report to the governing body any account that does not earn interest. -10-

11 #11-15 AUTHORIZING PAYMENT OF BILLS Resolved to authorize payments, as follows: Current Fund to Somerset Hills Board of Education 1,817, Current Fund for Clerk s Petty Cash Rec/Pool Utility Fund for Recreation Petty Cash Current Fund for Police Petty Cash Current Fund for Finance Petty Cash Bond interest payment 40, Health Benefits/State of NJ 56, ,916, #11-16 ADOPTING POLICE DEPARTMENT RULES & REGULATIONS Resolved to adopt the Rules and Regulations of the Bernardsville Police Department (See Attachment B). #11-17 DESIGNATING WRECKER SERVICES FOR THE POLICE DEPARTMENT Resolved to designate Eagle/Morristown Towing, Morristown Auto Body, Somerset Hills Towing and Tom DeLucas Towing, Inc., as wrecker services for use by the Bernardsville Police Department during # SCHEDULE OF MEETINGS Resolved to adopt the schedule of meetings of the Mayor and Borough Council as shown on Attachment C. -11-

12 Time Capsule The following letter, dated July 18, 1977, is passed on in the public record, as requested by the Bernardsville Shade Tree Commission (now Shade Tree Committee): To the Mayor of Bernardsville and Members of the Borough Council With the recent restoration of the borough pond, it has been possible to complete the Time Capsule Project by imbedding the capsule in concrete at the base of the Bicentennial Liberty Tree. This tree, a red oak, was planted on April 17, 1976, at a point about 108 feet from the northeast corner of the Borough Hall Building. A plaque is affixed to the top of the concrete marker which reads: Bicentennial Liberty Tree Bernardsville Shade Tree Commission April 17, 1976 Information concerning the Time Capsule and its contents are contained in the accompanying envelope addressed to the residents of Bernardsville in the year Another copy, the original, has been placed in the Time Capsule itself. It is the wish of the members of the Shade Tree Commission ( ) that this letter be passed on from year to year on January 1 during the swearing in ceremonies of each new council through the year At that time, during the Tricentennial Celebration of our country, the Time Capsule (see attached plans) is to be broken open for the residents to examine the items we have assembled which reflect the life and times of the Bicentennial Year. The Bernardsville Shade Tree Commission John Edmonds, Chairman of the Commission Members: Victoria D. Schmidt John Croot Marty Craig Barbara Heckman -12-

13 Employee Service Awards Five Years Rich McCorry, Naomi Modafferi, Tom Kennedy, Cindy Beringer, Elaine Broyles Ten Years Ken Keleher, Doug Seals Twenty Years Sandra Jones, Ralph Maresca, Ron Salko, Robert Schlittler Twenty Five Years Joe Sutula, Terry Tangorra (includes part-time service for both) Thirty Years Kevin Valentine Items of Business Moved by Mr. DeMarco that # , BOND ORDINANCE APPROPRIATING $900,000 AND AUTHORIZING THE ISSUANCE OF $855,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF BERNARDSVILLE, IN THE COUNTY OF SOMERSET, NEW JERSEY, be introduced by title, passed on first reading, published according to law, and that a public hearing be scheduled for a meeting beginning at 7:00 p.m., January 17, Motion was seconded by Mrs. Foster and approved with six yes votes. Moved by Mrs. Foster to adopt Resolution #11-19, 5 YEAR PROGRAM , ANTICIPATED PROJECT SCHEDULE AND FUNDING REQUIREMENTS. Motion was seconded by Mr. Rossi and approved with six yes votes. Moved by Mr. McCrossan to adopt Resolution #10-205, AUTHORIZING THE MAYOR AND CLERK TO SIGN THE 2011 RECYCLING AGREEMENT WITH SOMERSET COUNTY. Motion was seconded by Mr. Sooy and approved with six yes votes. The Meeting was Adjourned at 8:25 p.m. A reception followed. REORGANIZATION11.AG keywords: mayor-bond-reorganization-appointment-recycling-project -13-