Oaths of Office. Call Meeting to Order and Roll Call. Mayor's Annual Address. Mayor s Appointments

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1 BOROUGH OF BERNARDSVILLE Mayor and Council Reorganization January 5, 2004 at 7:00 p.m. Statement of Presiding Officer Mr. Williams announced that notice of this meeting was provided to the Bernardsville News, Courier-News, Star Ledger, filed with the Municipal Clerk, and posted on the Municipal Bulletin Board on December 23, Oaths of Office The Borough Clerk administered the Oath of Office to Lee C. Honecker and Vivian McMillen, Members of the Borough Council for three year terms, expiring December 31, The Election Statement for these Offices for the General Election held in November 2003, is on file in the Office of the Borough Clerk and it certifies that these individuals were duly elected. Call Meeting to Order and Roll Call MAYOR James Williams MEMBERS OF THE BOROUGH COUNCIL Marie C. Flynn Lee C. Honecker Vivian McMillen (Joseph Rossi was absent) Mikael Salovaara Helen Walton Mayor's Annual Address Mayor s Appointments 1

2 PLANNING BOARD Michael Sullivan, Class II Member, 1 year Alice Rochat, Class IV Member, 3 years Dorothy Paluck, Class IV Member, 4 years ENVIRONMENTAL COMMISSION Alice Rochat, (Planning Board Representative), 3 years Johanna Wissinger, 3 years SHADE TREE COMMITTEE Shayna Alterman, Julie Blank, Bob Boye, Oscar Gottscho, Roberta Rushmann, Jose Tomas Gonzales, 4 years Lou Matlock to 12/04 and Paula Dees to 12/06 for unexpired terms Fire Official (vacancy) HISTORIC PRESERVATION COMMITTEE Mark Hewitt and Charlotte Foster, 4 years Kathy Treppiccione to 12/06 for unexpired term Lisa Chidsey, Alternate #1, 2 years INFORMATION SYSTEMS COMMITTEE James Williams, Joseph Rossi, Sandra Jones, Anthony Suriano Karen Yannetta, Terry Thompson, Michael Landau, Tom Voss, 1 year TEN TOWNS Terry Thompson, Donald Knudsen and Sherry Frawley UPPER RARITAN WATERSHED, Sherry Frawley One nominee, James Williams to the Somerset County Solid Waste Advisory Committee, 1 year One nominee, Douglas Doremus to the Somerset County Cultural/Heritage Advisory Committee, 1 year Jim Williams, Alternate Member, Somerset County Community Development Committee, 1 year #04-1 ELECTION OF COUNCIL PRESIDENT Resolutions 2

3 Moved by Mrs. McMillen, that Mr. Salovaara serve as Council President. Mrs. Flynn #04-2 ORGANIZATION OF BOROUGH COUNCIL Moved by Mrs. Walton, to confirm the following Committees and additional responsibilities for Members of the Borough Council: PUBLIC SAFETY COMMITTEE Marie Flynn (Chair), Helen Walton, James Williams FINANCE COMMITTEE Mikael Salovaara (Chair), Marie Flynn, Joseph Rossi PERSONNEL COMMITTEE Vivian McMillen (Chair), Lee Honecker, Mikael Salovaara ENGINEERING, TECHNOLOGY & PUBLIC WORKS COMMITTEE Lee Honecker (Chair), Helen Walton, Joseph Rossi OTHER COUNCIL RESPONSIBILITIES: James Williams, Library Board of Trustees Planning Board Class III Member: Mikael Salovaara Liaison to Environmental Commission: Vivian McMillen Liaison to Historic Preservation: Vivian McMillen Representative to Ten Towns Committee: Vivian McMillen Open Space Advisory Committee: Helen Walton and Vivian McMillen Liaison to Shade Tree Committee: Helen Walton Liaison to Recreation Committee: Lee Honecker Town/School Committee: Lee Honecker and Joseph Rossi Liaison to Board of Health: Marie Flynn Representative to JIF: Marie Flynn Mrs. McMillen #04-3 AUTHORIZING PROFESSIONAL SERVICES APPOINTMENTS Moved by Mr. Honecker that the following appointments are necessary for the operation of the Borough of Bernardsville during 2004: 3

4 John R. Pidgeon of Pidgeon and Pidgeon, Municipal Attorney; John Cassells of Dickinson, Vrabel & Cassells, for 2003 Audit; Kathryn Mantell, Nisivoccia & Co., Auditors The Firm of Hawkins, Delafield & Wood, Bonding Attorneys; James Hurley Agency, Insurance Agent and JIF Risk Manager; Stephen Edelstein of Schwartz, Simon, Edelstein, Celso, Kessler, Labor Attorney Robert T. Clarke of Apruzzese, McDermott, Mastro & Murphy, Labor Counsel for designated contractual negotiations Malcolm Pirnie, Inc., for wastewater consulting Coded Systems, Inc., for ordinance codification Paul Ferriero of Ferriero Engineering, Inc. Remington & Vernick Engineers, Engineers Bosenberg & Bosenberg, Far Hills, for Olcott Streetscape John Dalessio, Warren, for Public Works Barn repairs Keller & Kirkpatrick, Inc., Parsippany for Athletic fields complex expansion Princeton Hydro, 1108 Old York Rd., Ringoes, for Dam Safety Compliance Jonathan E. Booth, Architect WHEREAS, all appointments are subject to professional services contracts to be negotiated by the Borough Administrator, reviewed by the Borough Attorney, and finally certified by the Finance Officer that funds are available in the 2004 budget. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Bernardsville in the County of Somerset, State of New Jersey, to authorize the appointments discussed herein. Mrs. McMillen #04-4 APPOINTMENT OF BOROUGH OFFICIALS AND EMPLOYEES Moved by Mrs. Flynn, to confirm the following appointments for 2004: 4

5 Ralph Maresca, Administrator Sandra G. Jones, Assistant Administrator, ADA Coordinator, Assessment Search Officer, JIF Safety Coordinator/Alternate Rep Allan Rome, Representative to JIF Safety Committee Miles Winder, Prosecutor Anthony Suriano, Deputy Borough Clerk Antonietta Marino, Tax Search Officer Michael Mondok, Assistant Building Inspector & Zoning Officer John Macdowall, Assistant Building Inspector Barbara Fajnor, Crossing Guard/Sergeant Deborah Colonna, Patrick D Amico, John Lucas, Kenneth Hendershot, Carol Hendershot, and Ronald Salko, Crossing Guards Louise Alpaugh, Nancy Negri, Martha Santini, Karen Szarek, Bruce Watson Substitute Crossing Guards Mr. Salovaara #04-5 COUNCIL CONFIRMATION OF THE MAYOR S APPOINTMENTS Moved by Mr. Salovaara, that the following appointments, made by Mayor Williams, are hereby confirmed by the Borough Council: BOARD OF HEALTH: Marie Sperber, Peter Todd Cooper, and Donald Spencer, 3 years LIBRARY BOARD OF TRUSTEES: Douglas Doremus and Stephanie Wallace, 5 years OPEN SPACE ADVISORY COMMITTEE: Judy Thiele, 3 years RECREATION COMMITTEE: William DeMilt, Donald Ferry, Robert Steinkopf, A. O. Orza, 3 years 2004 EMERGENCY MANAGEMENT: Jeffrey Melitski, Deputy Coordinator Marie Flynn, Council Representative Janet Murnick John Orfan 5

6 Captain R. J. Miller, BFD Reverend Fred Baldwin Ralph Maresca, Borough Administrator Lucy Forgione, Health Department Lt. Michael Perez, BPD Chief Robert Pickell, BFD John Macdowall Allan Rome Dennis Dooley William Ussery, Social Services COMMUNITY EMERGENCY RESPONSE TEAM: Lois Palomaki John Palomaki Dan Bove Michael Boettcher Ken Fresella Janet Murnick FIRE PREVENTION BUREAU: Ralph Maresca, Borough Representative Vivian McMillen, Council Representative (Vacancy - Alternate Council Representative) Second: Mrs. Flynn #04-6 BOROUGH COUNCIL APPOINTMENTS Moved by Mrs. McMillen, to appoint the following individuals: Catherine Tafaro, Board of Adjustment, four years Dave Berman, Board of Adjustment, four years replacing Gerald Happ Peter Hagan, Board of Adjustment, two years replacing Rich Gortler (A1) (Vacancy), Environmental Commission Alternate No. 2, 2 years John Macdowall, Somerset County Community Development Mr. Salovaara #04-7 BOROUGH COUNCIL NOMINATIONS FOR APPOINTMENTS MADE BY THE SOMERSET COUNTY FREEHOLDERS Moved by Mrs. Walton, that action on a nomination to serve on the Somerset 6

7 County Solid Waste Advisory Committee for one year, until 12/31/04, be tabled until January 12. (general agreement) #04-8 DESIGNATION OF DEPOSITORIES AND SIGNATORIES Moved by Mrs. Walton, that in accordance with R.S. 40A:5-14, the following are designated as depositories for funds of the Borough: Current funds, Public Assistance Funds I, Public Defender Fees, Open Space Trust Funds, dog 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, building permit fund, municipal court account, bail bond account, State and Federal Grants fund, Railroad Station fund, Somerset Hills Alliance Fund, Dedicated Fire Penalty Account, COAH Development Fees Account, Police Department Law Enforcement Trust account, 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 Bank of New York, Stirling, NJ The Bank of the Somerset Hills, Bernardsville, NJ Hudson United Bank, Bernardsville, NJ Fleet Bank, Basking Ridge and Bridgewater, NJ State of NJ, Cash Management, Trenton, NJ Roselle Savings Bank, Bernardsville, NJ United National Bank, Bernardsville, NJ Commerce Bank, Cherry Hill, 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 7

8 and Deputy Borough Clerk are authorized to sign said checks. Mr. Salovaara #04-9 RATE OF INTEREST ON DELINQUENT TAXES Moved by Mr. Honecker that the Borough Council fix the rate of interest on delinquent taxes during 2004 as follows: 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. 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 that 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. Mrs. Flynn 8

9 #04-10 AUTHORIZATION FOR INVESTMENTS Moved by Mrs. Flynn that the Administrator/CMFO be authorized to make investments of Borough funds, subject to subsequent approval by the Borough Council. Current Policy on Investments: 1. Maximum of $4,000,000.00, except NJ Cash Management 2. GUDPA insures all governmental deposits 3. We will check financial statements of listed banks quarterly and report on Cap/Assets ratio 4. Investments in individual banks may be increased above limits in #1 above, based on Cap/Assets ratio; minimum 6% (we will seek the highest interest rate at all times for our short-term investments; some of the banks with very high C/A ratios are not competitive.) Mr. Salovaara #04-11 DESIGNATION OF OFFICIAL NEWSPAPERS Moved by Mr. Salovaara that the Bernardsville News, Courier News and Star Ledger be 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 the Open Public Meetings Act because said newspapers have the greatest likelihood of informing the public of such meetings. Mrs. McMillen #04-12 PROVISION FOR KEEPING TAPE RECORDINGS OF MEETINGS Moved by Mrs. McMillen that all tape recordings of meetings of the Governing Body be maintained for a period of 90 days, or as otherwise determined by the Borough Attorney. Mrs. Flynn 9

10 #04-13 AUTHORIZING ADVERTISEMENT FOR BIDS Moved by Mrs. Walton that the Borough Clerk is hereby authorized to advertise for bids in the usual form for the following supplies and services: Sludge removal Water sampling and lab analysis Garbage container pickup Liquid Alum Police vehicles Road Department equipment/vehicles Tree pruning/removal services Spring Roadside Cleanup Road improvements Snow plowing and sidewalk clearing Grass cutting Sandblasting & refurbishing of Main Swim Pool to be publicly opened in accordance with law by the Borough Administrator or his authorized delegate, who is hereby designated as the contracting agent for the Borough for the aforesaid purposes. Mrs. Flynn #04-14 TEMPORARY APPROPRIATIONS FOR OPERATING PURPOSES Moved by Mr. Honecker: 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 2004 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 2004, and WHEREAS, the total appropriations in the 2003 Budget, less appropriations made for capital improvement fund, debt services and relief of the poor (public assistance) are as follows: General $ 8,461, Sewer Utility 605,

11 Swim/Recreation 451, WHEREAS, percent of the total appropriations in the 2003 Budget less appropriations for capital improvement fund, debt service and relief of the poor (public assistance) in the said 2003 Budget is as follows: General $ 2,221, Sewer Utility 158, Swim/Recreation 118, NOW, THEREFORE, BE IT RESOLVED by the Mayor and 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. Roll call/ayes: Mrs. Walton Flynn, Honecker, McMillen, Salovaara, Walton #04-15 APPROVING TEMPORARY BUDGET LINE ITEMS Moved by Mrs. Flynn, that the breakdown by line item, as shown in the attachment entitled Approving Temporary Budget Line Items, is hereby adopted. Roll call/ayes: Mr. Salovaara Flynn, Honecker, McMillen, Salovaara, Walton #04-16 AUTHORIZING PAYMENT OF BILLS Moved by Mr. Salovaara, to authorize payments, as follows: Current Fund to Somerset Hills Board of Education $1,252, Current Fund for Clerk s Petty Cash Current Fund for Police Petty Cash Rec/Pool Utility Fund for Recreation Petty Cash Bond interest payment 128, Payment to Lisa Manshel (Ferrante litigation) 225, TOTAL $1,606, Roll call/ayes: Mrs. Flynn Flynn, Honecker, McMillen, Salovaara, Walton #04-17 ADOPTING A CASH MANAGEMENT PLAN 11

12 Moved by Mrs. McMillen, that for the year 2004 or until further action by the Borough Council, the policy attached hereto as Attachment A 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. The following are suitable and authorized investments: Χ Χ Χ Χ Χ 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 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 #04-8. The Chief Financial Officer shall report to the governing body any account that does not earn interest. Mr. Salovaara #04-18 ADOPTING POLICE DEPARTMENT RULES & REGULATIONS 12

13 Moved by Mrs. Walton, to adopt the Rules and Regulations of the Police Department of the Borough of Bernardsville. Mrs. Flynn #04-19 DESIGNATING WRECKER SERVICES FOR THE POLICE DEPARTMENT Moved by Mr. Honecker, to designate the following wrecker services for use by the Bernardsville Police Department during the year 2004: Morristown Towing & Recovery Morristown Auto Body Somerset Hills Towing Mrs. McMillen #04-20 SETTING FEES FOR RECREATION/POOL PROGRAMS Moved by Mrs. Flynn, to adopt 2004 fees for Recreation/Pool programs. Mr. Salovaara 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: 13

14 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 Reception REORGAG.04 Keywords:reorganization, board appointments, committee appointments, commission appointments, professional services appointments, bank depositories, delinquent taxes, investments, official newspapers, bids, temporary appropriations, bills, cash management, police rules, wreckers, recreation fees, time capsule 14