MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL May 20, 2013

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1 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL May 20, 2013 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Neff 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 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 Mr. and Mrs. Chester Apy and followed by a moment of silence during which Mayor Neff requested thought for George Drawbaugh, long-time resident and member of the Planning Board, who recently passed away. Present: Absent: Mayor Neff, Mr. Galante,, Mr. O Hern, Dr. Scott,, Attorney Bennett, Mrs. Gormley, Administrator/Clerk Mr. Mihlon Mayor Neff called for a Motion to suspend the regular order of business: Ayes Unanimous Mayor Neff declared the regular order of business suspended. He then presented Chester and Florence Apy with the following Resolution: WHEREAS, Chester Apy and Florence Apy first met in 8 th grade dance class as students in Little Silver and Red Bank, respectively, in 1944; and WHEREAS, after dating through high school and college, Chester Apy and Florence Apy married in 1954; and WHEREAS, after purchasing an empty lot and constructing a house, Chester and Florence Apy moved into their home on Rivers Edge Drive over the Fourth of July holiday in 1960; and WHEREAS, during their over 50 years as residents of Little Silver, each has given back to our community and their neighborhood in meaningful ways; and

2 WHEREAS, Florence Apy s commitment and service to her Little Silver community has included: Committee Chair of Little Silver Boy Scout Troop 126 Member of the Little Silver Board of Education for over 10 years, including service as President Member of the Red Bank Regional Board of Education for over 10 years, including terms as President And many other public and private contributions to the betterment of the Borough; AND WHEREAS, Chester Apy s commitment and service to his Little Silver community has included: Borough Councilman and Borough Attorney Organization of Rivers Edge Drive residence sewer connections by a single contractor Member of the Shrewsbury River Dredging Committee to get our river and creeks dredged Member of the Parker Homestead Committee And many other public and private contributions to the betterment of the Borough AND WHEREAS, Chester and Florence Apy have over the years showed genuine concern for their neighbors and have given freely of their time and energy to make Rivers Edge Drive a better place to live; and WHEREAS, after all these years as dedicated residents of Little Silver, in retirement Chester and Florence Apy are moving to the far, distant lands of Red Bank; NOW THEREFORE, the Borough of Little Silver wishes to join the neighbors of Chester and Florence Apy on Rivers Edge Drive in thanking them for their service to their neighborhood and to the borough. In appreciation of their outstanding example of community service, the Mayor and Council and their neighbors wish them well in their new home, and encourage them to visit often, and to stay involved. Mr. and Mrs. Apy spoke briefly of their lives and service in the community and thanked the Governing Body for their support. The public was invited to a gathering following the presentation. Mayor Neff called for a Motion to return to the regular order of business: Dr. Scott

3 Present: Absent: Mayor Neff, Mr. Galante,, Mr. O Hern, Dr. Scott,, Attorney Bennett, Mrs. Gormley, Administrator/Clerk Mr. Mihlon PUBLIC HEARING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEARS 2011 THROUGH 2014 Mrs. Gormley certified that same had been published in the Two River Times on April 26, 2013, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O Hern 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 Ayes - Unanimous Mayor Neff declared the hearing closed and called for a second reading. Mrs. Gormley introduced for second reading by title only: AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEARS 2011 THROUGH 2014 Mr. O Hern Negative: Mr. Galante,, Mr. O Hern, Dr. Scott,

4 PUBLIC HEARING AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF LITTLE SILVER IN THE COUNTY OF MONMOUTH AMENDING AND SUPPLEMENTING CHAPTER II, ADMINISTRATIVE, REQUIRING CRIMINAL BACKGROUND CHECK FOR ALL NEW BOROUGH EMPLOYEES Mrs. Gormley certified that same had been published in the Two River Times on April 26, 2013, posted on the bulletin board, with copies available to the public. Motion hearing be opened: 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 Negative: Mr. Galante,, 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: AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF LITTLE SILVER IN THE COUNTY OF MONMOUTH AMENDING AND SUPPLEMENTING CHAPTER II, ADMINISTRATIVE, REQUIRING CRIMINAL BACKGROUND CHECK FOR ALL NEW BOROUGH EMPLOYEES Mr. O Hern Dr. Scott Council and Public Discussion: Attorney Bennett pointed out that this Ordinance Amendment pertains to those employees over the age of 18, but is not required for seasonal temporary employees under the age of 18, such as those hired for the Summer Recreation programs. He noted that this could be corrected for the Public Hearing at the next meeting. Mr. Galante,, Mr. O Hern, Dr. Scott,

5 Negative: Consideration of Minutes for Regular Meeting of May 6, 2013: Council and Public Discussion: Ayes Unanimous Consideration of Executive Session Minutes of May 6, 2013: Council and Public Discussion: Ayes Unanimous Communications: Mayor Neff reported that he had been notified by the League of Municipalities that Tegan Lynch had been awarded a scholarship of $1,000 for his essay. 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 $ 173, Operating Prior Year School Taxes 1,568, Cobra Payment Capital 6, Grant 7, Contra 0.00 Tax Refund 0.00 Various Trusts & Reserves 268,199.81

6 Escrow Projects 10, Payroll of 5/10/13 $ 131, Void Checks: $ 0.00 Manual Checks: Lincoln Financial Ck#22963 $ 44, ACH Debit: Ameriflex-May 2013 $ Wire Transfers: $ 0.00 Total $2,213, 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. Mr. Galante Council and Public Discussion: Negative: Mr. Galante,, Mr. O Hern, Dr. Scott, REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Recreation, Property Maintenance and Parker Homestead Liaison): Mr. O Hern, no report. POLICE AND EMERGENCY PREPAREDNESS (Board of Health, Library Trustees and Local Emergency Planning Council): reported the Library participated in the recent sidewalk sales, with a used book sale bringing in about $800. He further reported paving of the western end of Lippincott Avenue was complete, noting it had been delayed since starting just prior to Hurricane Sandy. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS

7 (Planning Board, Americans With Disabilities Act Committee, Recycling and Little Silver Cross Acceptance Liaison): Dr. Scott, no report. PERSONNEL (Traffic Safety Committee and Drug Alliance) Mr. Mihlon absent, no report. PUBLIC WORKS (Environmental Commission, Shade Tree Commission, Open Space, Capital Fund Projects Liaison and Recycling): Mr. Galante reported the work at Memorial Park is progressing and will be done for Memorial Day. Mayor Neff added there had been discussion about the parade route, and it was decided to keep it the same as last year. FINANCE AND BUDGET AND INSURANCE (Business and Professional Association, Waterfront Committee): reported all meetings and work with the State auditors was completed, and the Borough received no corrections or notations. Council and Public Discussion: Mayor's Report: Mayor Neff recommended the following appointments: Linda Goff Shade Tree Commission Chair Steve Surico Shade Tree Commission Consultant Vera Hough Planning Board Regular Member Michael Holzapfel Planning Board Alternate #1 Craig Orlando Planning Board Alternate #2 Mr. Galante Ayes Unanimous Other Reports: Old Business: New Business: ORDINANCE INTRODUCTION Mayor Neff introduced by title: AN ORDINANCE AMENDING SALARIES OF CERTAIN OFFICERS AND

8 EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2013 Mayor Neff 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 June 10, Mr. O Hern Dr. Scott Council and Public Discussion: Negative: Mr. Galante,, 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. Negative: Mr. Galante,, Mr. O Hern, Dr. Scott, WHEREAS, Chester Apy and Florence Apy first met in 8 th grade dance class as students in Little Silver and Red Bank, respectively, in 1944; and WHEREAS, after dating through high school and college, Chester Apy and Florence Apy married in 1954; and WHEREAS, after purchasing an empty lot and constructing a house, Chester and Florence Apy moved into their home on Rivers Edge Drive over the Fourth of July holiday in 1960; and WHEREAS, during their over 50 years as residents of Little Silver, each has given back to our community and their neighborhood in meaningful ways; and WHEREAS, Florence Apy s commitment and service to her Little Silver community has included: Committee Chair of Little Silver Boy Scout Troop 126

9 Member of the Little Silver Board of Education for over 10 years, including service as President Member of the Red Bank Regional Board of Education for over 10 years, including terms as President And many other public and private contributions to the betterment of the Borough; AND WHEREAS, Chester Apy s commitment and service to his Little Silver community has included: Borough Councilman and Borough Attorney Organization of Rivers Edge Drive residence sewer connections by a single contractor Member of the Shrewsbury River Dredging Committee to get our river and creeks dredged Member of the Parker Homestead Committee And many other public and private contributions to the betterment of the Borough AND WHEREAS, Chester and Florence Apy have over the years showed genuine concern for their neighbors and have given freely of their time and energy to make Rivers Edge Drive a better place to live; and WHEREAS, after all these years as dedicated residents of Little Silver, in retirement Chester and Florence Apy are moving to the far, distant lands of Red Bank; NOW THEREFORE, the Borough of Little Silver wishes to join the neighbors of Chester and Florence Apy on Rivers Edge Drive in thanking them for their service to their neighborhood and to the borough. In appreciation of their outstanding example of community service, the Mayor and Council and their neighbors wish them well in their new home, and encourage them to visit often, and to stay involved. WHEREAS, the Little Silver Department of Public Works is in need of a welding machine and plasma cutter system due to damage and loss from Hurricane Sandy; and WHEREAS, adequate funding for this purchase exists in the Reserve for Emergency- Hurricane Sandy account; and WHEREAS, the Department of Public Works Director has solicited the following quotes: Atlas Welding Supply Co. Inc. Lakewood, N.J. $7,835.07

10 Seaboard Welding Supply, Inc. Ocean, NJ $7, Grainger Cranford, NJ $8,182.95; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the low quote submitted by Atlas Welding Supply Co. Inc. in the amount of $7, be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Atlas Welding Supply Co. Inc. in the amount of $7, for the purchase of a welding machine and plasma cutter system be and is hereby accepted. WHEREAS, Donna & Joseph Loftus, the owners of 28 Carriage House Lane in the Borough of Little Silver, Block 83, Lot 2, inadvertently overpaid their second quarter 2013 taxes in the amount of $5,611.13; and WHEREAS, the Tax Collector has a request from the homeowners, Mr.& Mrs. Loftus, to refund the overpayment; 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 $5, payable to Donna & Joseph Loftus as a refund of the overpayment of 2013 second quarter taxes for 28 Carriage House Lane, Block 83, Lot 2, in the Borough of Little Silver. WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2012 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the Governing Body; and WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Governing Body of each municipality shall, by resolution, certify to the

11 Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled Comments and Recommendations ; and WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled Comments and Recommendations, as evidenced by the group affidavit form of the Governing Body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Little Silver, hereby states that it has complied with N.J.A.C. 5: and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. WHEREAS, the disposal of recyclables at the most favorable price to the Borough of Little Silver has been determined by the Governing Body to be in the best interests of the Borough; and WHEREAS, Waste Management Recycling of New Jersey, L.L.C. has agreed to enter into a contract to accept single stream recyclables and dual stream recyclables consisting of newspapers, corrugated cardboard, miscellaneous paper (including telephone books and cereal boxes) and commingled glass, cans and plastics as part of the attached

12 Exhibit A specifications from the Borough of Little Silver for the period of five years (May 1, 2013 April 30, 2018); and WHEREAS, Waste Management Recycling of New Jersey, L.L.C., will pay the Borough of Little Silver for each type of commodity delivered in accordance with Section Number 3 (Pricing/Payment) of the attached Recyclables Services Agreement ; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Mayor and Certified Recycling Professional be and are hereby authorized to enter into a five year agreement (May 1, 2013 April 30, 2018) with Waste Management Recycling of New Jersey L.L.C. for the disposal of newspapers, corrugated cardboard, miscellaneous paper (including telephone books and cereal boxes) commingled glass, cans and plastic containers. WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of The Borough of Little Silver in the County of Monmouth, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $11, which is now available from the Clean Communities Program-Current Year in the amount of $11, BE IT FURTHER RESOLVED, that the like sum of $11, is hereby appropriated under the caption Clean Communities Program-Current Year; and BE IT FURTHER RESOLVED that the above is the result of funds awarded from The State of New Jersey in the amount of $11, Mrs. Gormley read the following: A RESOLUTION AMENDING THE CHECKLIST AND DEVELOPMENT PERMIT FILING INSTRUCTIONS WHEREAS, the checklist used in the field by Borough Zoning Officials, to ensure completeness of Applications for development permits, currently fails to provide the

13 necessary discretion for the Borough Engineer and Zoning Official to ensure both compliance and efficiency of the permit application process; and WHEREAS, the Mayor and Council find that amending the checklist to provide the Borough Engineer/Zoning Official the discretion to waive certain requirements where proposed developments would pose only de minimis impacts, to be in the best interest of the Borough; and WHEREAS, the checklist shall be amended to include the following language: Provisions and requirements of the above checklist may be waived by the Borough Engineer/Zoning Official upon a finding of de minimis impact. A short summary supporting such a finding shall be provided from the Engineer/Zoning Official and made part of the application. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough hereby amends the checklist to incorporate the above noted language, a copy of which is attached hereto. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the following: Borough Clerk, Borough Attorney and the Borough Engineer, Borough Planning Board Attorney, and Borough Planning Board Secretary. Dr. Scott Council and Public Discussion: Negative: Mr. Galante,, Mr. O Hern, Dr. Scott, Attorney Bennett read the following: WHEREAS, said Resolution is to authorize the Mayor and Council of the Borough of Little Silver to negotiate for the purchase of property located at 92 Birch Avenue, Block 30.1, Lot 122 located in the Borough of Little Silver for the purpose of utilization by the Public works Department subject to contract being authorized and attorney review. Mr. Galante Council and Public Discussion:

14 Negative: Mr. Galante,, Mr. O Hern, Dr. Scott, 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: Mr. O Hern Ayes Unanimous The meeting was adjourned at 8:35 p.m. Helen Gormley Administrator/Clerk