VILLAGE OF LOCH ARBOUR MINUTES REGULAR MEETING JANUARY 7, 2015

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1 VILLAGE OF LOCH ARBOUR MINUTES REGULAR MEETING JANUARY 7, 2015 THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE VILLAGE OF LOCH ARBOUR, MONMOUTH COUNTY, NEW JERSEY, WAS HELD IN THE VILLAGE OF LOCH ARBOUR MUNICIPAL BUILDING, 550 MAIN STREET, ON WEDNESDAY, JANUARY 7, 2015, CALLED TO ORDER IMMEDIATELY FOLLOWING THE CONCLUSION OF THE BOARD OF COMMISSIONERS REORGANIZATION MEETING. Present were Commissioner Cheswick, Commissioner D Angelo and Mayor Fernicola. Also present were Guy P. Ryan, Esq., Village Attorney, Dan Mason, Acting Village Clerk and Marilyn Simons, Deputy Village Clerk. Resolution : UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following resolution be adopted: WHEREAS, certain 2014 appropriations reserves require additional funds to cover expenditures through December 31, 2014; and, WHEREAS, certain other 2014 appropriations reserves show a surplus of funds available; and, WHEREAS, the Local Budget Law (N.J.S.A. 40A:4-1, et seq.) permits transfers between appropriations reserves during the first three months of the succeeding fiscal year. Village of Loch Arbour that the following appropriations transfers be and the same are hereby authorized: FROM APPROPRIATION RESERVE Finance-Administration, Other Expenses TO APPROPRIATION RESERVE Legal Contractual-Other Expenses AMOUNT $ BE IT FURTHER RESOLVED that a copy of this resolution shall be given to the Chief Financial Officer for appropriate action. PAYMENT OF BILLS UPON MOTION of Commissioner D Angelo, seconded by Commissioner Cheswick, carried, that the payment of bills totaling $2, for the month of January, 2015 be and the same is hereby approved as presented. See bill list attached to page of the Minutes. Ayes: Commissioner Cheswick, Commissioner D Angelo, Mayor Fernicola UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the payment to the Township of Ocean Board of Education in the amount of $158, for the month of January, 2015 be and the same is hereby approved; Ayes: Commissioner D Angelo, Mayor Fernicola Nays: Commissioner Cheswick MINUTES UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that o Minutes of the Regular Meeting and Executive Session on December 3, o Minutes of the Special Meeting between the Village of Loch Arbour and the Borough of Interlaken on November 12, o Minutes of the Special Meeting on December 29, Be and the same is hereby approved as presented.

2 REPORTS UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following Reports for the period ending December 31, 2014 on file in the Village Clerk s office, be and the same are hereby ordered received and filed: Expenditure Report Revenue Received Report Tax Collections Report/Delinquent Taxes Report for 2014 Borough of Deal Police Dept. Monthly Incident Report Report from Rudolph J. Corona, Sewer Maintenance CORRESPONDENCE UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following Correspondence, on file in the Village Clerk s office, be and the same is hereby ordered received and filed: Visiting Nurse Association of New Jersey, public health nursing contract renewal at $ for 2015; Cross Over Networks, network support contract renewal, $2, for 2015; Associated Humane Societies, animal control contract renewal, $ for 2015; Asbury Park Window Cleaning Co., Janitorial Service 2015 ($ per month); Sharp Elevator Company, Inc., elevator preventative maintenance, $1, for 2015; Casa Payroll, payroll services agreement for 2015; Monmouth Regional Health Commission No. 1, agenda and various reports/correspondence. NEW BUSINESS A. Resolution : Set 2015 Salaries UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following resolution be tabled for further consideration and discussion at Executive Session. B. Resolution : UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following resolution be adopted: WHEREAS, N.J.S.A. 54:4-54 provides for the correction of errors in the payment or overpayment of real estate taxes; and, WHEREAS, the following properties have overpaid or underpaid their 2014 real estate taxes in the amount shown for the property designated on the official tax map of the Village of Loch Arbour. BLOCK LOT PROPERTY OWNER OF RECORD AMOUNT 3 2 Gindi, Harris and Marceline $ Wolf, Jane and O Callaghan, P.W Kassin, Jack and Joyce Kassin, Jack and Joyce Seruya, Mark 0.05 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Village of Loch Arbour that the balances shown in the above table in the amount of $1.13 total be cancelled.

3 BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Village s Tax Collector, who is authorized and directed to adjust the Villages 2014 tax records based upon the adoption of this resolution. C. Resolution : UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following resolution be adopted: WHEREAS, there is the need for the provision of public health services in the Village of Loch Arbour in addition to those services provided by the Monmouth Regional Health Commission No. 1; and, WHEREAS, the Village of Loch Arbour contracted with the Visiting Nurse Association of New Jersey for these additional services through December 31, 2014 and wishes to renew this contract; and, WHEREAS, funds are available in the Village s 2015 Temporary Budget and will be appropriated in the Village s finally adopted 2015 Budget for this purpose and the Chief Financial Officer has so certified. Village of Loch Arbour that the Visiting Nurse Association of New Jersey be and the same is hereby retained for public health services for the Village of Loch Arbour for the one year period commencing January 1, 2015 through December 31, 2015, inclusive, at the annual cost of $ BE IT FURTHER RESOLVED that the Mayor of the Village of Loch Arbour be hereby authorized to execute said Agreement on behalf of the Village. BE IT FURTHER RESOLVED that a certified copy of this resolution by forwarded with the executed Agreement to the Visiting Nurse Association of New Jersey. D. Resolution : 2015 Contract: Cross Over Networks UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following resolution be tabled for further consideration and discussion. E. Resolution : UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following Resolution be adopted: WHEREAS, there is the need for the provision of Animal Warden/Control Services in the Village as the current contract with the Associated Humane Societies expired on December 31, 2014; and, WHEREAS, funds are available in the Village s 2015 Temporary Budget and will be appropriated in the Village s finally adopted 2015 Budget for this purpose and the Chief Financial Officer has so certified. Village of Loch Arbour that the Associated Humane Societies be and the same is hereby retained as Animal Warden for the Village of Loch Arbour for the one year period commencing January 1, 2015 through December 31, 2015, inclusive, at the annual cost of $ BE IT FURTHER RESOLVED that the Acting Clerk of the Village of Loch Arbour be hereby authorized to execute said Agreement on behalf of the Village. BE IT FURTHER RESOLVED that a certified copy of this resolution by forwarded with the executed Agreement to the Associated Humane Societies.

4 F. Resolution : UPON MOTION of Commissioner Cheswick, seconded by Commissioner D Angelo, carried, that the following resolution be adopted: WHEREAS, the Village of Loch Arbour is in need of professional services to maintain its elevator at the Village Municipal Building; and, WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) permits the award of a contract less that 15% of the bid threshold without competitive bidding. WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose in the 2015 Temporary Appropriations of the Village and provision will be made for this contract in the finally adopted 2015 budget. Village of Loch Arbour that Sharp Elevator Company, Inc., be hereby awarded the contract for 2015 maintenance services at the annual cost of $1, BE IT FURTHER RESOLVED that the Acting Clerk of the Village of Loch Arbour be authorized to execute the contract authorized pursuant to this Resolution. BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be supplied to Sharp Elevator Company, Inc. G. Resolution : UPON MOTION of Mayor Fernicola, seconded by Commissioner Cheswick, carried, that the following resolution be adopted: WHEREAS, the Village of Loch Arbour is in need of professional services to provide payroll processing services; and, WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) permits the award of a contract less that 15% of the bid threshold without competitive bidding. WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose in the 2015 Temporary Appropriations of the Village and provision will be made for this contract in the finally adopted 2015 budget. Village of Loch Arbour that Casa Payroll Services be hereby awarded the contract for 2015 payroll processing services at the annual cost as per the 2015 Service Agreement. BE IT FURTHER RESOLVED that the Acting Clerk of the Village of Loch Arbour be authorized to execute the contract authorized pursuant to this Resolution. BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be supplied to Casa Payroll Services. H. Resolution : UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following resolution be adopted: WHEREAS, the New Jersey Marathon has requested permission to use Village streets for the 19 th Annual New Jersey Marathon road race to be held on Sunday, April 26, Village of Loch Arbour that permission is granted to the New Jersey Marathon to use Village streets for the 19 th Annual New Jersey Marathon road race to be held on Sunday, April 26, 2015, subject to the following conditions: 1. A Certificate of Insurance naming the Village as an additional insured must be supplied to the Village on or before March 15, 2015 along with a copy of the insurance policy; 2. All plans must be coordinated with the Borough of Deal Police Department;

5 3. Adequate personnel must be supplied to ensure the safety of runners and pedestrians. 4. Traffic control devices, i.e., cones or barricades, must be supplied by the New Jersey Marathon to be set-up and removed as necessary by personnel supplied by the New Jersey Marathon; 5. Execution of the required Hold Harmless Agreement. BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be supplied to: 1. New Jersey Marathon; 2. Chief Ronen Neuman, Borough of Deal Police Department I. Resolution : UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following Resolution be adopted: WHEREAS, the Village of Loch Arbour advertised for bidders to operate the James V. Kiely Pavilion at the Village Beach Club for the 2015 and 2016 seasons and the option to renew for the 2017 season on December 17, 2014 and the Affidavit of Publication of the Notice to Bidders is on file in the Village Clerk s office; and, WHEREAS, bids were received on December 17, 2014 from the following: WHEREAS, the bid received from TM Foods, Cranford, New Jersey included all required documents and the required bid bond of $3, Village of Loch Arbour that the bid of TM Foods to operate the James V. Kiely Pavilion for the 2015 and 2016 seasons, with the option to renew for the 2017 season be and the same is hereby accepted pursuant to the Bid Specifications. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to TM Foods, Cranford, New Jersey. J. Executive Session Discuss, contract negotiations and anticipated or threatened litigation and attorney client privileged information regarding consolidation and/or school funding and taxation issues to be held at the conclusion of the public hearing. UPON MOTION of Mayor Fernicola seconded by Commissioner D Angelo, carried that this Executive Session and future Executive Sessions shall be moved on the Agenda and held at the conclusion of the public hearing. REPORTS/DISCUSSION Bidder Bid TM Foods, Cranford, New Jersey $18,760. $19,760. $20,760. MT Kess, Inc., Wall, New Jersey $16,000. $17,000. $18,000. A. Consolidation Matters: Mayor Fernicola reported that at their meeting on December 17, 2014 the Borough of Interlaken Council voted and were split 3-3, with the Mayor abstaining on whether or not to proceed with receiving proposals from consultants to do a fiscal impact analysis. B. Village Beach Club: Season Badge Applications for residents will be mailed with the Village Tidings in January. PUBLIC HEARING UPON MOTION, Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the meeting be opened to the public for comments. Remo Maisto, Jr., Elberon Avenue, asked for clarification about the bid for the Kiely Pavilion.

6 Mr. Maisto asked about the incoming Borough of Interlaken Council Members. Paul Williams, Euclid Avenue, stated he is in support of not paying the County Library Tax. Mr. Williams asked about a back ground check of TM Foods, and if one was conducted. Mr. Mason explained that a back ground check was done. Mr. Williams urged the Village to propose a historic preservation Ordinance. Mark Maisto, Elberon Avenue, requested to take down the Stop Sign on the corner of Elberon Avenue and Ocean Place during the off season. There being no further comments, and UPON MOTION of Commissioner Cheswick, seconded by Mayor Fernicola carried, that the public hearing be closed. PLANNING BOARD APPOINTMENTS (by Mayor) Class II Employee 1 year(vacant) Class IV Resident Elizabeth Appello as a Class IV (resident) member for a four year term expiring December 31, Mary Gosline as a Class IV (resident) member to fill the balance of the unexpired term of Joel Mahan through December 31, (vacant) UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the following Resolution be and the same is hereby adopted: WHEREAS, Section 8 of the Open Public Meetings Act, N.J.S.A. 10:4-12 et seq., permits the exclusion of the public from a meeting in certain circumstances; and, WHEREAS, this public body is of the opinion that such circumstances presently exist. Village of Loch Arbour, Monmouth County, New Jersey, as follows: 1. The public shall be excluded from discussion of and actions upon the hereinafter-specified subject matter. 2. The general nature of the subject matter to be discussed is as follows: Discuss, contract negotiations and anticipated or threatened litigation and attorney client privileged information regarding consolidation and/or school funding and taxation issues. The Board reserves the right to take action after the Executive Session. 3. It is anticipated at this time that the above stated subject matter will be made public within 120 days. 4. This resolution shall be effective immediately. The Board returned to public session at 9:35 p.m. at the conclusion of the Executive Session. Resolution : UPON MOTION of Mayor Fernicola, seconded by Commissioner Cheswick, carried, that the following resolution be adopted: BE IT RESOLVED by the Commissioner of the Village of Loch Arbour that, in accordance with Village Ordinance No. 337, the following salaries for officers and employees of the Village are hereby authorized, retroactive to January 1, 2015 through December 31, 2015, inclusive: Assessor of Taxes 3, Beach Manager 17, License Inspector Zoning Official 2, Superintendent, Parking Meters 2, Sewer System C-1 Operator 1, Clerk, Planning Board (per meeting) Registrar of Vital Statistics Director of Public Assistance

7 Deputy Clerk / hour BE IT FURTHER RESOLVED that a certified copy of this resolution shall be filed with the Chief Financial Officer for his information and action. There being no further business, and UPON MOTION of Mayor Fernicola, seconded by Commissioner D Angelo, carried, that the meeting be finally adjourned at 9:40 PM. Daniel J. Mason, Acting Clerk Village of Loch Arbour

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