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September 6, 2005 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL September 6, 2005 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:30 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, 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 August 22, 2005." The salute to the flag was led by Mr. VanWinkle and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None PUBLIC HEARING AN ORDINANCE AMENDING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER THE YEAR 2005 Mr. Biehl certified that same had been published in the Two River Times on July 29, 2005, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. Gilmour 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. Gilmour 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 AMENDING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER THE YEAR 2005 Motion: Mr. Bitman Second: Mr. Galante Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE VACATING A DRAINAGE EASEMENT LOCATED UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 65, LOT 4 ON THE LITTLE SILVER BOROUGH TAX MAP Mr. Biehl certified that same had been published in the Two River Times on August 12, 2005, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. Gilmour 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. O’Scanlon Second: Mr. Gilmour 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 VACATING A DRAINAGE EASEMENT LOCATED UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 65, LOT 4 ON THE LITTLE SILVER BOROUGH TAX MAP Motion: Mr. Gilmour Second: Mr. O’Scanlon Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACCEPT THE DEDICATION OF A DRAINAGE EASEMENT UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 65, LOT 4 ON THE LITTLE SILVER BOROUGH TAX MAP Mr. Biehl certified that same had been published in the Two River Times on august 12, 2005, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. VanWinkle Second: Mr. Gilmour 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. Gilmour 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 AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACCEPT THE DEDICATION OF A DRAINAGE EASEMENT UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 65, LOT 4 ON THE LITTLE SILVER BOROUGH TAX MAP Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACCEPT THE DEDICATION OF A DRAINAGE EASEMENT UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 23, LOT 25 ON THE LITTLE SILVER BOROUGH TAX MAP Mr. Biehl certified that same had been published in the Two River Times on August 12, 2005, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Gilmour Second: Mr. O’Scanlon 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. Gilmour Second: Mr. VanWinkle 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 AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACCEPT THE DEDICATION OF A DRAINAGE EASEMENT UPON CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 23, LOT 25 ON THE LITTLE SILVER BOROUGH TAX MAP Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Public Remarks on the Agenda: None Communications: None Student remarks and brief remarks from other members of the Public: None Resolution - Payment of Bills and Claims, September 6, 2005 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 $ 187,077.20 Operating – Prior Year 0.00 School Taxes 0.00 Capital 129,477.41 Grant 0.00 Various Trusts & Reserves 1,532.04 Escrow Projects 650.00 Payroll of 8/26/05 $ 118,701.61 Void Checks: 8098 Chemetrics -$ 104.00 Manual Checks: 8144 Chemetrics $ 88.54 Wire Transfers: $ 0.00 Total $ 437,422.80 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. Gilmour Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID, INSURANCE AND NEWSLETTER (Board of Health, Emergency Management and Public Affairs): Mr. Galante, no report. POLICE AND EMERGENCY PREPAREDNESS (Library Trustees): Mr. O’Scanlon reported that Police Officers Gibson and Lahey were commended for saving a two-year old baby from drowning on August 28. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour, no report. 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, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia, no report. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: None Mayor's Report: Mayor Castleman reported that further investigation is being done to get the Parker Homestead added to the National Registry. She said a donor is paying for the detailed report to be done in order to attain the listing. Other Reports: None Old Business: None New Business: ORDINANCE INTRODUCTION 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 advised Mayor Castleman that the applicant had formally requested this Ordinance Introduction be carried to the September 19, 2005 meeting, at which time it would be determined if it needed to be carried further. Voice Vote – Ayes -- Unanimous Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. Gilmour Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous R E S O L U T I O N WHEREAS, the Little Silver Municipal Court would like to increase their change fund from $50.00 to $100.00 for the Court Administrator and establish a change fund in the amount of $100.00 for the Deputy Court Clerk; and WHEREAS, the purpose of the Change Fund for the Municipal Court is for making change for defendants cash payments; and WHEREAS, the Change Fund must be verified on a daily basis; and WHEREAS, shortages and overages should be reflected in the day’s General Account deposit and shortages in either account must be reported to the Municipal Division Manager’s office by sending a Missing Funds Report along with a phone call the Division Manager’s Office if the shortages are of $50.00 or more; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Little Silver Municipal Court Administrator of the Borough of Little Silver be authorized to increase her change fund from $50.00 to $100.00 and the Little Silver Municipal Deputy Court Clerk to establish a change fund in the amount of $100.00. R E S O L U T I O N WHEREAS, Holiday Express, Inc. has made application to the Mayor and Council of the Borough of Little Silver for a one (1) day liquor license for October 21, 2005 to be held at Sickles Market LLC, Harrison Avenue, Little Silver, NJ; and WHEREAS, the applicant has complied with all regulations governing such license; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the one (1) day liquor license for Holiday Express, Inc. be and is hereby approved. R E S O L U T I O N WHEREAS, a storm drainage pipe located on Birch Avenue in the Borough of Little Silver is in need of repair with a new piece of pipe due to the pipe being full with tree roots which grew into the storm drainage pipe; and WHEREAS, a storm drain catch basin on Birch Avenue in the Borough of Little Silver is also in need of renovation; and WHEREAS, adequate funding for said repairs is contained in Ordinance #530-02; and WHEREAS, the Borough Administrator/Clerk obtained the following quote for the necessary repair of the storm drainage pipe and the storm drain catch basin: Indianhead Enterprises Eatontown, NJ $11,200.00; and WHEREAS, the Borough Administrator/Clerk reviewed the quote and has determined that the health, safety and welfare of the motorists was endangered and immediate repairs were necessary; 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 have Indianhead Enterprises repair the storm drainage pipe and the storm drain catch basin located on Birch Avenue including the excavation, and asphalt at a cost of $11,200.00. R E S O L U T I O N BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that a resolution designating salaries for employees of the Borough of Little Silver adopted on May 16, 2005 be and is hereby amended as follows: DELETE: (Effective June 24, 2005)
Michael Olimpi Shade Tree Enforcement Officer $19,089.00 ADD: (Effective June 27, 2005) Michael Olimpi Shade Tree Enforcement Officer $28,633.50 BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer as her authority to make the necessary payroll changes. R E S O L U T I O N BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that a resolution designating salaries for employees of the Borough of Little Silver adopted on May 16, 2005 be and is hereby amended as follows: DELETE: (Effective August 17, 2005)
Richard Dalton Crossing Guard “A” $36.51/day Roger Dolan Relief Crossing Guard $36.51/day Harold Scott Relief Crossing Guard $36.51/day ADD: (Effective August 17, 2005) Roger Dolan Crossing Guard “A” $36.51/day Harold Scott Crossing Guard “A” $36.51/day BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer as her authority to make the necessary payroll changes. R E S O L U T I O N BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that a resolution designating salaries for employees of the Borough of Little Silver adopted on May 16, 2005 be and is hereby amended as follows: DELETE: Stephen G. Greenwood IV Relief Dispatcher $ 14.50/hr (Effective 8/28/05) ADD:
Stephen G. Greenwood IV Jr. Police Dispatcher $36,812.00 (Effective 8/29/05) BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer as her authority to make the necessary payroll changes. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a quote on November 1, 2004 to Fernandes Construction, Inc., South River NJ to install a low flow channel at Little Silver Point Road based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to amend said contract to include additional pipe in lieu of concrete channel in accordance with the attached Change Order #1; and WHEREAS, these Change Orders fall within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and WHEREAS, adequate funding for these purchases is contained in Bond Ordinance #579-04; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Fernandes Construction Inc. is hereby amended to $17,700.00 a decrease of $5,500.00 and an increase of $5,5000 for the installation of a low flow channel at Little Silver Point Road in accordance with Change Order #1. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on December 1, 2003 to Silagy Landscaping, Inc., Edison, NJ for Recreation Improvements at Markham Place Fields, Sickles Park, Little Silver Railroad Station and Little Silver Point Road School within the Borough of Little Silver in an amount not to exceed $344,706.50 based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver amended said agreement on June 21, 2004 and October 18, 2004; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include adjusted as built quantities and Recreation Improvements in accordance with Change Order No. 3; and WHEREAS, this Change Order falls within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and WHEREAS, adequate funding for these purchases is contained in Ordinance 580-04; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Silagy Landscaping, Inc. is hereby amended to $389,937.36 a decrease of $35,190.80 and an increase of $19,102.74 for adjusted as built quantities and Recreation Improvements at Markham Place Fields, Sickles Park and Little Silver Railroad Station in accordance with Change Order No. 3. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on September 7, 2004 to Fernandes Construction, Inc., South River NJ to perform the 2004 Road and Drainage Improvements within the Borough of Little Silver in an amount not to exceed $332,190.00 based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver amended said agreement on May 16, 2005; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include depressed concrete curbing, inlet repair and various drainage improvements in accordance with the attached Change Order #2; and WHEREAS, these Change Orders fall within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and WHEREAS, adequate funding for these purchases is contained in Bond Ordinance #579-04; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Fernandes Construction Inc. is hereby amended to $366,890.00 ($148,540.00 for White Road an increase of $800.00 and $218,350 for the 2004 Road Program an increase of $7,000.00) for a total increase of $7,800.00 in the 2004 Roadway Program in accordance with Change Order #2. Attorney Bennett read the following: R E S O L U T I O N WHEREAS, the Borough of Little Silver has established a website within the Borough of Little Silver known as the Little Silver Website; and WHEREAS, it is necessary to have a Linkage Policy and Procedures put in place for the protection of the Borough and to avoid possible complaints; NOW, THEREFORE BE IT RESOLVED that the Policy and Procedures for the Website Linkage Policy be and is hereby adopted by the Mayor and Council; and BE IT FURTHER RESOLVED that a copy of such Linkage Policy be posted on the Borough’s web site. Motion: Mr. Galante Second: Mr. Bitman Vote: Voice Vote – Ayes – Unanimous Public Portion Remarks of the citizens for the good of the Borough: Attorney Bennett pointed out to Mayor Castleman a letter regarding the Ft Monmouth closing. He asked if a formal request for Plan B could be submitted from Mayor Castleman describing the impact of closing Ft. Monmouth and to be included in the committee membership on the decision of closing Ft. Monmouth. Mayor Castleman asked Mr. Biehl to draft such a letter. Lisa Gilmour stated that she had just returned from a Board of Education meeting, where she had received a communication from Assemblymen Panter and Morgan. Mayor Castleman responded that she was aware of the communication, which was in response to a recent Board of Education article carried in the Little Silver Newsletter. Mayor Castleman explained that the article in question was part of a Board of Education insert carried in the Newsletter and was not endorsed by the Borough. Mayor Castleman said she would follow up and resolve the issue. Motion to Adjourn: Mr. Bitman Second: Mr. DeNoia Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:28 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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