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November 7, 2005 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at "Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, 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, all since The salute to the flag was led by Mr. Gilmour and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. VanWinkle, and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante, Mr. O’Scanlon*, Attorney Bace** *Mr. O’Scanlon arrived at **Attorney Bace arrived at Mayor Castleman asked for a Motion to suspend Regular Order of Business: Motion: Mr. VanWinkle Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous Mayor Castleman recognized Boy Scout Troop 126 fiftieth year in the Borough. She presented patches to the Boy Scouts in honor of the occasion. Mayor Castleman asked for a Motion to resume Regular Order of Business. Motion: Mr. DeNoia Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. VanWinkle, Mr. Biehl, Attorney Bace Absent: Mr. Galante, Mr. O’Scanlon PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 5-18, ENTITLED “REYCYLING”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW Mr. Biehl certified that same had been published in the Two River Times on Motion hearing be opened: Mr. Bitman Second: Mr. DeNoia Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments: John (“Jack”) Privatera, owner of Privatera’s Nursery, asked if his business would remain grandfathered as an agriculture nursery after passage of this Ordinance. Attorney Bace responded that this was not a zoning change, it is a statement of the Borough’s policy regarding brush collection, therefore “grandfathering” would not be applicable. Mr. Privatera said he felt his business was being excluded under the Ordinance, and that he is being singled out. Mayor Castleman replied that she has received many calls complaining about the brush on the sidewalk, that it obstructs pedestrian traffic and creates mud from the balls of dirt on the trees being put on the sidewalk for collection. Mr. Privatera replied that the brush had accumulated because it was not picked up, and that he felt the Ordinance is pointing at him. He said the brush was being put on his property off the street for collection, then he was told to put it back on the street, which is when it became an issue. He stated that Privatera’s has been in business for over sixty years, doing the same thing, and is the only business in the Borough of this nature. He said it’s unfair to point at only his business and that the business should be grandfathered under this Ordinance. He said he could produce receipts for dumping of brush accumulated from outside his property, as part of his business, and that he only puts brush generated from his own property to the curb for pickup. Mr. Gilmour advised Mr. Privatera that other business owners had informed him they provide their own dumpsters for pickup of refuse, and had asked why there were large piles of brush in front of Privatera’s. Mr. Privatera said that he had also been singled out for signage on his property. Mr. Bitman suggested he talk to the Zoning Board about it, and that everyone must abide by the sign Ordinances of the Borough. Mr. Privatera said that because of the restrictions on his business signs, his business had been the worst ever last summer. He said he felt his business should be granndfathered under these Ordinances, since it has been in the Borough for over sixty years. Mr. Bitman explained that policies and ordinances change, and that this Ordinance was written to apply to agricultural nurseries. Mr. Privatera further stated that he had spoken to the management of the neighboring Alderbrook Estates and they stated they didn’t have a problem with the brush refuse on the curb for pickup, and that his neighbors were writing petition letters of support. Mr. Privatera said Mike Olimpi had not informed him of complaints and had sent a letter giving him three days to correct the situation. Mr. VanWinkle said he spoke to the president of the Alderbrook Association and that he stated he did not have an issue with Privater’s Nursery. Mayor Castleman replied that she had received complaint calls from individual residents of Alderbrook. Mr. Privatera again stated that his business had suffered due to sign and brush pickup restrictions, that his neighbors were writing petitions in support of his business, that his business should be grandfathered under these policies, and that he would like to have the matter of the brush collection ordinance remedied tonight. Michael McGann, After discussion of the issue and determining to look further into the impact on Mr. Privatera’s business as well as the rest of the taxpayers and the Borough, it was decided by the Mayor and Council to leave the Public Hearing open and carry it to the meeting of Motion: Mr. O’Scanlon Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous PUBLIC HEARING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2005 (Police) Mr. Biehl certified that same had been published in the Two River Times on Motion hearing be opened: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. Bitman Second: Mr. DeNoia Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl 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 2005 (Police) Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and Executive Sessions (if any) of Motion: Mr. O’Scanlon Second: Mr. VanWinkle Council and Public Discussion: None Roll Call: Voice Vote – Ayes – Unanimous Communications: None Student remarks and brief remarks from other members of the Public: None Resolution - Payment of Bills and Claims, Mr. VanWinkle 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 $ 69,037.24 Operating – Prior Year 0.00 School Taxes 1,147,644.45 Capital 59,273.10 Grant 1,402.50 Various Trusts & Reserves 4,188.24 Escrow Projects 2,401.25 Payroll of Payroll of Void Checks: $ 0.00 Manual Checks: 8288 Jodi Foster $ 25.00 8289 Mun. Court Admin. Of Wire Transfers: Total $ 2,637,671.31 I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted. Lynn Marie Gale, C.M.F.O., Chief Financial Officer. Motion: Mr. VanWinkle Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: Mr. Galante Abstentions: None Mayor Castleman called for a Motion to suspend the Regular Order of Business to address Mr. Santelle’s concerns: Motion: Mr. Gilmour Second: Mr. VanWinkle Vote: Voice Vote – Ayes – Unanimous Dominick Santelle began by stating that he wants the town to have his property and hopes that tonight we can move forward. Paul Santelle stated that developers have expressed interest in building new houses on the property owned by his father and noted that the opportunity now exists for the Borough to purchase the property in order to improve and upgrade the tennis courts and playground, boat ramp and parking at the area. He presented a drawing of the area and how it could be utilized by the Borough. Bob Wichman, Mayor Castleman called for a Motion to return to the Regular Meeting. Motion: Mr. DeNoia Second: Mr. Gilmour Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Mr. Biehl and Attorney Bace Absent: Mr. Galante REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID, INSURANCE AND NEWSLETTER (Board of Health, Emergency Management and Public Affairs): Mr. Galante, absent, no report. POLICE AND EMERGENCY PREPAREDNESS (Library Trustees): Mr. O’Scanlon, no report. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that the Red Ribbon Day and Drug Alliance Workshop at PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman, no report. PUBLIC WORKS (Planning Board, Mr. DeNoia reported that Public Works has now finished picking up brush and limbs and are currently picking up leaves. He also reported that the next regular meeting of the Planning Board is November 15, 2005. Copies of the agenda are available. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle reported that the Insurance Committee had met and are working on a Resolution to eliminate double coverage for employees with a cash inducement. Mayor's Report: Mayor Castleman reported that there was a request from Jim Sourlis on behalf of the Santa Express, to put up signs at the Railroad Station. The Governing Body agreed to allow the signs, representative of the Santa Express. The Fire Company spoke to the Mayor about signs for other sites. The Mayor indicated that they should apply for permits from the Zoning Office. Council and Public Discussion: None Other Reports: Mr. Biehl gave the Financial Summary for the Month of September, 2005: Cash on Hand Beginning of the Month $ 9,589.024.00 Total Monthly Receipts 710,111.00 Total Monthly Disbursements 867,697.00 Cash on Hand End of Month $ 9,431,438.00 He noted that the majority of the Borough’s invested funds are in the New Jersey Cash Management Fund at an average rate for the month of 3.49%. Old Business: ORDINANCE INTRODUCTION (carried from September 6, 2005, September 19, 2005, October 3, 2005) Mayor Castleman introduced by title: AN ORDINANCE AMENDING AN ORDINANCE ENTITLED “CHAPTER 16” LAND USE AND DEVELOPMENT REGULATIONS CREATING AND ESTABLISHING AN R-4 ZONE WITH ZONING AND DESIGN STANDARDS OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY Attorney Bennett said that it was requested that the Ordinance be carried again and not be introduced until the Regular Meeting of December 5, 2005. Motion: Mr. Gilmour Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING THE ZONING MAP OF THE BOROUGH OF LITTLE SILVER AND AMENDING AND SUPPLEMENTING CHAPTER 16A, ENTITLED “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Mr. Biehl 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 December 5, 2005. Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. Bitman Second: Mr. Gilmour Vote: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Absent: Mr. Galante R E S O L U T I O N WHEREAS, the 2006 Salary Ordinance adopted on November 7, 2005 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 2006 at the rates designated as follows. Any officer or employee employed after January 1, 2006 shall have their annual compensation pro-rated as of the date of employment: NAME POSITION OR TITLE Shannon Giblin Captain 92,657.00 Joseph Mazza Lieutenant 87,413.00 Robert Frank Sergeant 82,464.00 Martin Scherzinger Sergeant 82,464.00 C. Gary La Bruno Sergeant 82,464.00 Daniel Shaffery Sergeant 82,464.00 Kevin Halpin Patrolman (4 years) 77,796.00 Thomas Mancuso Patrolman (4 years) 77,796.00 Steven Solari Patrolman (4 years) 77,796.00 Peter Gibson Patrolman (4 years) 65,470.00 Paul Halpin Patrolman (4 years) 65,470.00 Michael Lahey Patrolman (3 years) (1/1/06-2/28/06) 59,307.00 Patrolman (4 years) (3/1/06-12/31/06) 65,470.00 Gregory Oliva Patrolman (2 years) (1/1/06-1/20/06) 53,144.00 Patrolman (3 years) (1/21/06-12/31/06) 59,307.00 Justin Bradley Probationary Patrolman 37,337.00 (1/1/06-12/9/06) Patrolman (1 year) 43,117.00 (12/10/06-12/31/06) 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 2006 Salary Ordinance. Gary LaBruno $ 500 Martin Scherzinger $1,000 Paul Halpin $1,000 Justin Bradley $ 500 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 2006 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. R E S O L U T I O N WHEREAS, the State of New Jersey requires the Borough to report delinquent taxpayers for the prior year; and WHEREAS, property tax rebates for taxpayers that appear on the Delinquent Tax Report are forwarded to the municipality; and WHEREAS, the Borough of Little Silver has received funds from the State of New Jersey representing the New Jersey Saver Rebate for two property owners who have moved and are entitled to the funds, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, that refund checks be drawn for the following taxpayers in the appropriately indicated amounts: BLOCK LOT NAME & PROPERTY LOCATION AMOUNT 8 9 Kathleen J. Castellano $ 350.00 135 Pinckney Rd. 78 1 Kurtis Young $ 350.00 326 Silverside Ave. R E S O L U T I O N WHEREAS, there is a need for the Borough of Little Silver to retain the services of a professional appraiser in order to provide valuation and consulting services relating to the Borough’s potential purchase of certain property identified on the Little Silver Borough Tax Map as Block 28 Lot 45 (The “Property”); and WHEREAS, the services will include the preparation of an appraisal report of the Property and any improvements thereon to assist the Borough with the potential acquisition of the Property; and WHEREAS, the firm of Stuart Appraisal Company, Inc., has submitted a proposal to the Borough at a fee of $3,500.00, in order to provide the aforesaid services; and WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefore, provided that the Resolution authorizing the contract and the contract itself be available for public inspection in the office of the Municipal Clerk and that notice of the awarding of the Contract be published in a newspaper of general circulation in the municipality; and WHEREAS, the Borough Council having considered the same, now wishes to authorize the awarding of a professional service contract to Stuart Appraisal Company, Inc., for the provision of the necessary appraisal services. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Little Silver as follows: 1. That the Mayor is authorized to execute and the Municipal Clerk to attest an Agreement, acceptable to the Borough Attorney, between the Borough of Little Silver and Stuart Appraisal Company, Inc., regarding the aforesaid appraisal services, in an amount not to exceed $3,500.00 2. That this contract is awarded without competitive bidding as a “Professional Service”, in accordance with N.J.S.A. 40A:11-5, of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services. 3. That the Chief Financial Officer is directed to file a Certificate of Availability of sufficient funds for this contract and to attach same to this Resolution. 4. That Notice of Adoption of this Resolution shall be published in a newspaper of general circulation within the Borough. 5. That a certified copy of this Resolution shall be provided to each of the following: a. Stuart Appraisal Company, Inc. (Attn: James Stuart, MAI) b. Borough Attorney R E S O L U T I O N WHEREAS, the Borough of Little Silver Library is in need of four computer tables with English oak legs and 16 matching oak side chairs; and WHEREAS, the following quote has been solicited under State Contract #A-62172: Library Interiors, Inc., Sea Girt 4 Computer Tables with English Oak Legs $3,304.00 16 All Wood Oak Chairs $2,368.00; and WHEREAS, adequate funding for said purchase is contained in the Library State Aid; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends it to the Mayor and Council; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to purchase the aforementioned items in the total amount of $5,672.00. R E S O L U T I O N WHEREAS, the Borough of Little Silver Police Department is in need of an “Alcotest Evidential Breath Test System”; and WHEREAS, the Acting Chief of Police has solicited the following quote: Draeger Safety Diagnostics, Inc. Irving, Texas $12,950.00; and WHEREAS, adequate funding for this purchase is contained in the 2005 Police Department Capital Budget; and WHEREAS, Draeger Safety Diagnostics, Inc. is the sole vendor for said equipment; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by Draeger Safety Diagnostics, Inc; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Draeger Safety Diagnostics, Inc. in the amount of $12,950.00 for an “Alcotest Evidential Breath Test System” be and is hereby accepted. R E S O L U T I O N WHEREAS, the Borough of Little Silver Fire Prevention Office is in need of one new task chair; and WHEREAS, the following quotes have been solicited: Infinity Interiors, Inc. $240.00 Mercerville, NJ Action Office Supplies, Inc. Lakewood, NJ $243.00 Cox Stationers & Printers $250.00; and Garwood, NJ WHEREAS, adequate funding for this purchase is contained in Fire Prevention Materials and Supplies; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the low quote submitted by Infinity Interiors, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low quote submitted by Infinity Interiors, Inc. in the amount of $240.00 for one new task chair be and is hereby accepted. RESOLUTION WHEREAS, the Zoning Enforcement Officer is in need of prosecutorial services in relation to Borough of Little Silver vs. Edie’s Real Estate Venture in a Municipal Court matter to be heard as the result of alleged zoning violations concerning 164 Rumson Road, Block 38 Lot 5; and WHEREAS, said services fall under the category of extraordinary, unspecifiable services of a professional within the limits of N.J.S.A.40A:11-5(A)(I) AND THEREFORE DO NOT REQUIRE COMPETITIVE BIDS; AND Whereas, THE mayor and Council of the Borough of Little Silver wish to engage the services of an attorney for said prosecutorial services; and WHEREAS, adequate funding for this service is contained in Legal-Other Expenses; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver hereby appoint the services of Marc A. Leckstein, Esq. To be retained as Attorney for the Zoning Enforcement Officer for said services at a rate not to exceed $150/hour. R E S O L U T I O N WHEREAS, representatives of the Governing Bodies of the Borough of Little Silver and the Borough of Shrewsbury have met and agreed to the concept of Little Silver Borough sharing Shrewsbury Borough space for the Little Silver Municipal Court; and WHEREAS, it is the sense of the two municipalities that this will be more efficient, more cost effective and a better utilization of facilities which may result in a sharing of Municipal Courts in the future; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk, with the full cooperation of the Little Silver Police Department and the Little Silver Municipal Court, be and is hereby authorized to negotiate an Inter-local Services Agreement to effect said sharing to be implemented no later than the close of 2006 with the consent of the Mayor & Council. RESOLUTION
WHEREAS, application has been made to the Borough of Little Silver by the Emmanuel Cancer Foundation, Inc. to hold an Off Premise 50/50 Raffle on December 19, 2005; and WHEREAS, all requirements have been complied with for the holding of such Raffle; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the borough of Little Silver that the application of an Off Premise 50/50 Raffle by the Emmanuel Cancer Foundation, Inc. be and is hereby approved. Public Portion Remarks of the citizens for the good of the Borough: Michael McGann, Winding Way, questioned the Mayor and Council about a sidewalk shoveling Ordinance. He and his wife are joggers, and the sidewalks are a problem in a storm. He further stated that this topic dovetailed with the concerns over Privatera’s Nursery (i.e., blocking the sidewalks). He also asked about the Kalin matter (item #18, Old Business, on this Agenda). He also noted the Interlocal Services intent resolution related to the Court (Item #19.B.8) and questioned the status. The Mayor and Council stated that they would re-visit the sidewalk Ordinance, noted that the Kalin matter has not progressed and that the Court matter was merely a statement of intent, not a “done deal”. Mayor Castleman called for a Motion to adjourn: Motion to Adjourn: Mr. O’Scanlon Second: Mr. DeNoia Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 9:28 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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