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April 17, 2006 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL April 17, 2006 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman 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, 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 January 5, 2006." The salute to the flag was led by Mr. O’Scanlon and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Attorney Bace and Mr. Biehl, Administrator/Clerk Absent: Mr. VanWinkle Note: Mr. VanWinkle arrived at 8:07 p.m. PUBLIC HEARING AN ORDINANCE CREATING A NEW SECTION 5-23, ENTITLED “SEX OFFENDER RESIDENCY RESTRICTION”, OF CHAPTER V, “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 March 31, 2006 , 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. Mr. Biehl noted that this would establish a zone of 2500 feet from any park or school, which would restrict residency for registered sex offenders. Seeing no further comment, Mayor Castleman 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 CREATING A NEW SECTION 5-23, ENTITLED “SEX OFFENDER RESIDENCY RESTRICTION”, OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon Negative: None Abstentions: None Communications: None Student remarks and brief remarks from other members of the Public: None Mr. Galante read the following: 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 $ 1,127,994.99 Operating – Prior Year 2,912.83 School Taxes 0.00 Capital 549.93 Grant 0.00 Various Trusts & Reserves 21,098.15 Escrow Projects 0.00 Payroll of 4/7/06 $ 115,254.21 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: (to correct 1/23, 2/6 bill list) $-1,126,541.20 Total $ 141,268.91 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. Galante Second: Mr. O’Scanlon Council and Public Discussion: Mr. Biehl noted that he was not familiar with the Wire Transfer correction noted. He said he would further clarify the transaction with Mrs. Gale. 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, no report. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that the Traffic Safety and Drug Alliance Committee is up and running again. 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 the next regularly-scheduled meeting of the Planning Board would be tomorrow, and copies of the Agenda were available. 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 she provided the necessary information to CRCG, the company working on getting the Parker Homestead on the NJ Historic Trust, and that it looks promising. She also stated that she had spoken with Joe Ettore, the County Traffic Engineer, and that plans are to go out to bid shortly for the reconstruction of the bridge on Other Reports: Mr. Biehl gave the Financial Summary for the Month of March, 2006: Cash on Hand Beginning of the Month $ 11,129,989.00 Total Monthly Receipts 299,939.00 Total Monthly Disbursements 3,023,707.00 Cash on Hand End of Month $ 8,406,221.00 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 4.44%. Old Business: None New Business: Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. She also noted that Item #5, the Personnel Policy Manual Update, was pulled from the Consent agenda for consideration at a later date. R E S O L U T I O N
WHEREAS, certain equipment owned by the Borough of Little Silver is no longer required for the operations of the Borough; and WHEREAS, N.J.S.A. 40A:11-36 requires approval of the Governing Body for the sale of personal property belonging to the Borough; and WHEREAS, the estimated fair market value of the property to be sold exceeds $2,500.00; and WHEREAS, the Mayor and Council wish to engage the services of the professional auctioneer, Auction Liquidation Services, the costs of which shall be shared with other participating towns in accordance with the attached agreement; 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 dispose of the following items of personal property no longer required for public use through a public auction: 1990 Dodge RAM Pickup Truck Vin No. 1B7KM26Z6LS685208 1993 Honda Sedan Vin No. 1HGEG8546PL018072 1994 GMC Pickup Truck Vin No. 2GTEK19H3R1539213 1985 Chevy Van Truck Vin No. 2GCGG35J1F4127364; and BE IT FURTHER RESOLVED that the Administrator/Clerk is hereby authorized to dispose of all items of personal property that do not sell at the auction. R E S O L U T I O N WHEREAS, Patrolman Gregory Oliva of the Borough of Little Silver is in need of legal representation; and WHEREAS, said services fall under the category of extraordinary, unspecifiable services of a professional within the limits of N.S.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 legal services; and WHEREAS, adequate funding for this service has or will be contained in the 2006 Legal-Budget; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver hereby appoint Mitchell S. Ansell, Esq. To be retained as Attorney for Patrolman Gregory Oliva, at a rate not to exceed $150/hour. R E S O L U T I O N WHEREAS, New Jersey American Water has applied to the Board of Public Utilities for a rate increase for all applicable service customers; and WHEREAS, the proposed increases include a 19.6 percent increase; and WHEREAS, said rate increase, if approved, could cause the bill for the average New Jersey American Water Company residential customer using 7,000 gallons of water a month (i.e. 21,000 gallons per quarter would increase by $8.89 per month, from $38.51 to $47.40); and WHEREAS, Little Silver residents as taxpayers and rate payers are already over burdened with new taxes and high utility costs; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver opposes the proposed rate increase due to its inflationary nature and the additional financial strain it will place on Little Silver residents; and BE IT FURTHER RESOLVED that certified copies of this resolution be sent to N.J. Board of Public Utilities, State Senator Ellen Karcher, Assemblyman Mike Panter, Assemblywoman Jennifer Beck and the Two River Council of Mayors. R E S O L U T I O N WHEREAS, the Borough of Little Silver Police Department is in need of six mobile data computers with mounting hardware for patrol vehicles along with processor upgrades, cable kit and installation; and WHEREAS, Lieutenant Mazza has solicited the following quote under State Contract #A88799: Data 911 WHEREAS, adequate funding for this purchase is contained in Ordinances #514-01, #531-02, #580-04, #601-05; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by Data 911; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Data 911 in the amount of $40,330.88 for the aforementioned be and is hereby accepted. R E S O L U T I O N WHEREAS, there were 757 motor vehicle fatalities in WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 22 - June 4, 2006 in an WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the state from the current level of 86% to 88%; and WHEREAS, a further increase in safety belt usage in NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver declares it's support for the Click It or Ticket safety belt mobilization both locally and nationally from May 22 - June 4, 2006 and pledges to increase awareness of the mobilization and the benefits of safety belt use. R E S O L U T I O N WHEREAS, since their institution in 1977 as part of the package of bills establishing the Property Tax Relief Fund, funded by New Jersey's first Income Tax, the artificial limits on local budgetary discretion contained in the local government cap law have, repeatedly, proved to be unworkable and in need of amendment in times of fiscal stress; and WHEREAS, the latest amendments to the cap law were enacted in 2004 as part of Governor McGreevey's FAIR Plan, which was supposed to provide short term property tax relief and produce, long term property tax reform, the cap amendments being a part of the short term relief component; and WHEREAS, those 2004 amendments drastically lowered the cap, eliminated important exceptions to the cap and severely limited the use of 'cap banking,' which is crucial to municipal intermediate range budgetary planning; and WHEREAS, despite the recommendations of the Governor's Blue Ribbon Property Tax Convention Task Force and despite the energetic efforts of a core of concerned and committed legislators and the outspoken support of a large and growing coalition of citizens' public interest groups, the Legislature has, to date, failed to advance the cause of property tax reform, continuing decades of inattention to a problem that a majority of our fellow citizens consistently identify as their greatest public policy concern; and WHEREAS, instead, State policy makers have consistently under-funded, cut and eliminated crucial municipal property tax relief programs, thereby exacerbating the property tax crisis and making it increasingly difficult for municipal budget makers to meet the needs and honor the wishes of local property taxpayers and to deal with current fiscal stresses over which they have no control; and WHEREAS, in recognition of these serious issues, legislation has been introduced to provide appropriate flexibility to help local budget makers better meet citizen needs for high quality public programs and services; and WHEREAS, in order to do so, the bill (A-1425) would: first, make permanent the temporary cap exception for costs of domestic security preparedness and responses to incidents and threats to domestic security; second, make permanent the temporary cap exception for liability insurance, workers' compensation insurance and employee group insurance; and finally, provide an exception from the county and municipal local budget cap for appropriations for the costs of goods and services, including wage and salary increases that are required under contracts entered into prior to July 7, 2004, the effective date of P.L.2004, c.74; the statute that reduced the local budget cap limits to the lesser of 2.5% or the consumer price index; and WHEREAS, while extremely beneficial for rational effective budgetary planning, the 'cap banking' problems created by the 2004 amendments will pose lasting and growing problems for municipalities trying to prepare for unanticipated exigencies and immanent needs; NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Little Silver does fully support and urge swift and favorable action on A-1425; and BE IT FURTHER RESOLVED, that we do respectfully request an amendment to the bill to restore 'cap banking' to its previous status, as it existed prior to the 2004 amendments; BE IT FINALLY RESOLVED that copies of this resolution be forwarded to Senator Ellen Karcher, Assemblyman Michael Panter, Assemblywoman Jennifer Beck and the New Jersey League of Municipalities. 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: ADD: (Effective April 17, 2006) Dee Cantalice Zoning Assistant $14.50/hr. 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, on June 17, 2006 Little Silver Volunteer Fire Co. No. 1 will celebrate 100 years of fire service to the Borough of Little Silver; and WHEREAS, the members of Little Silver Volunteer Fire Co. No. 1 have provided the Borough of Little Silver with dedicated, capable and continuous fire fighting since 1906; and WHEREAS, Little Silver Volunteer Fire Co. No. 1 have provided the residents of the Borough of Little Silver with peace of mind and confidence that, in time of need, our volunteers can provide the best emergency services available; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the heartfelt thanks and grateful approval of each and every resident and the Official Family be extended to the members of Little Silver Volunteer Fire Co. No. 1 for 100 years of devoted service to the Borough. Motion: Mr. O’Scanlon Second: Mr. Galante Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon Negative: None
Abstentions: None Public Portion Remarks of the citizens for the good of the Borough: Jennifer Pardee, asked for confirmation that the temporary traffic lights (as mentioned in the Mayor’s Report) would not be installed. Mayor Castleman confirmed that she had been given that information by telephone late this afternoon and that she would call the other residents in the area and inform them. Mr. O’Scanlon asked if any action had been taken on obtaining estimates from the Borough Engineer on installing sidewalks on the north end of Prospect Avenue, that he had several residents asking about it. Mr. Biehl replied that he was not aware that was the result of previous discussion of the matter. Mayor Castleman discussed the matter again, with Mr. Biehl agreed to have the Borough Engineer evaluate it again. Mr. DeNoia stated that he had a number of residents asking about drainage problems and poor sidewalk conditions on Branch Avenue. He said that the County had agreed to look at the problems as part of the plan to install temporary traffic lights, but that now that the traffic lights were no longer an option, the matter of the sidewalks, curbs and drainage should be addressed again. Mayor Castleman noted that the County does not install sidewalks or curbs, and that the Borough would have to look at it. Mr. DeNoia stated that since communication had been established with Mr. Ettore, the County Engineer that the County be asked again to address the drainage problems and curbs on Branch Avenue. Mr. O’Scanlon added that he would like the County to also address the matter of the right turn light at Branch and Sycamore Avenues. Mayor Castleman added that discussion should also include established a no passing zone on Branch Avenue from Markham Place down. Mr. Bitman stated that in order to lease the space next to Borough Hall (466 Prospect Avenue), bids must be solicited. Attorney Bace replied that fourteen (14) days would be required for response on the bid process, which requires two advertisements. Mr. Bace agreed to begin that process. Motion to Adjourn: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:28 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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