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April 3, 2006 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL April 3, 2006 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 January 5, 2006." 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. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bace and Mr. Biehl, Administrator/Clerk Absent: Mr. DeNoia, Mr. Galante Consideration of Minutes for Regular Meetings and Executive Sessions (if any) of January 23, 2006 Motion: Mr. VanWinkle Second: Mr. Bitman Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous February 6, 2006 Motion: Mr. VanWinkle Second: Mr. O’Scanlon Council and Public Discussion: None Vote: 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 $ 91,980.45 Operating – Prior Year 285.16 School Taxes 0.00 Capital 4,248.60 Grant 0.00 Various Trusts & Reserves 3,261.29 Escrow Projects 500.00 Payroll of 3/24/06 $ 136,461.36 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: PERS ANNUAL BILL $ 31,776.40 PFRS ANNUAL BILL 101,526.60 Total $ 370,039.86 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. O’Scanlon Council and Public Discussion: Mr. Biehl noted, for clarification, that PERS is Public Employees Retirement System and this is the total bill for all Borough employees, except the Police Department. He added that he PFRS amount is Police and Fire Retirement System, and pointed out the difference of the amounts for fifteen employees at $101,526.60 as opposed to $31,776.40 for the rest of the Borough employees. Brief discussion followed regarding the water and gas charges for Parker Homestead, with Mr. Biehl explaining that there had been problems with the utility meters at various Borough locations and they were being rectified with the utility companies. Roll Call: Affirmative: Mr. Bitman, 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, 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 he attended the 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, absent, no report. Mayor Castleman reported for Mr. DeNoia that there would be a regularly scheduled Planning Board meeting tomorrow night, with copies of the Agenda 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 had gone with the Two River Council of Mayors the past Saturday for a tour of Other Reports: None Old Business: None New Business: Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. O’Scanlon Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None WHEREAS, the Little Silver Borough Council places the public trust above all else and remains steadfast in its commitment to the highest ethical standards; and WHEREAS, the Little Silver Borough Council desires to adopt an Anti-Nepotism Policy as further example of the Mayor’s and Council Members’ commitment to the highest ethical standards; NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the Borough of Little Silver, that the following Anti-Nepotism Policy is hereby adopted effective immediately: 1. Any person who is a relative of the Mayor, Council Member, Department Head, Managerial Executive or Supervisory Employee shall not be appointed, hired, employed or permitted to work for the Borough of Little Silver in any full-time position. 2. If an existing employee of Little Silver becomes subject to this policy as a result of the election of a relative, or because of changes in marital, domestic partner/cohabitant or relationship status, a non-related supervisory person(s) shall be assigned to supervise the related employee. It shall be the affirmative duty of a related Mayor, Council Member, Department Head, managerial executive, supervisory employee, and employee to immediately disclose any circumstances which may constitute a violation of this policy. Failure to do so will result in appropriate disciplinary and/or legal action. "Relative" shall be defined as a parent, spouse, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first or second cousin, in-law or step-relative, domestic partner, cohabitant, or a person with whom a significant committed relationship exists. "Supervisory Employee" shall be defined as a person appointed or hired to a position within the Borough government who has supervisory authority; and BE IT FURTHER RESOLVED, that this Anti-Nepotism Policy shall be incorporated as part of the existing Little Silver Borough Ethics Policy; and BE IT FURTHER RESOLVED, that a provision of this resolution may be modified, upon a finding of good cause, by the Mayor and Council, by passing a resolution of exemption setting forth the reasons for the exemption and passing the resolution by a super majority of at least five (5) members of the Borough Council. res5 R E S O L U T I O N WHEREAS, the 2005 Annual Audit of the Borough of Little Silver conducted by Hutchins, Farrell, Meyer & Allison, P.A. contained certain recommendations requiring action; and WHEREAS, these recommendations have been reviewed by the Borough’s Chief Financial Officer; and WHEREAS, the Chief Financial Officer, in accordance with requirements promulgated by the New Jersey Division of Local Government Services, has developed a plan to address the recommendations listed by the auditor; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Corrective Action Plan for the 2005 Annual Municipal Audit, hereto attached, is hereby approved and accepted; and BE IT FURTHER RESOLVED that the Municipal Clerk is hereby directed to transmit a certified copy of this Resolution and its attachments to the New Jersey Division of Local Government Services. R E S O L U T I O N WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2005 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the Governing Body; and WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Governing Body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the Governing Body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Little Silver, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. R E S O L U T I O N WHEREAS, the Little Silver Environmental Commission is applying for an Association of New Jersey Environmental Commissions (ANJEC), Geraldine R. Dodge Foundation, Smart Growth Planning Assistance Grant; and WHEREAS, the Little Silver Environmental Commission proposes to review and update the Borough’s Natural Resource Inventory and Open Space Plan; WHEREAS, the Borough hereby agrees to provide up to $2,500.00 in cash or in-kind services as its share of the $5,000.00 proposed cost of the program; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Little Silver Environmental Commission be and is hereby authorized to make application for the aforementioned Grant on behalf of the Borough of Little Silver. R E S O L U T I O N WHEREAS, the Borough of Little Silver wishes to update and formalize its policies on inventory and capitalization of its assets in order to better quantify the value of said assets; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the inventory threshold for purposes of Audit valuation is $2,000.00; and BE IT FURTHER RESOLVED that the threshold for security inventory is $500.00. INTERLOCAL AGREEMENT FOR REVERSE 911 COMMUNITY NOTIFICATION SYSTEM WHEREAS, the Borough of Shrewsbury is a municipal corporation having offices at Sycamore Avenue & Broad Street, Shrewsbury, Monmouth County, New Jersey; and WHEREAS, the Borough of Little Silver is a municipal corporation of the State of New Jersey having offices at 480 Prospect Ave, Little Silver; and WHEREAS, the Borough of Shrewsbury and the Boroughs of Eatontown, Little Silver, Fair Haven and Rumson have previously entered into an Interlocal Agreement dated June 2, 2003 for the shared use of this Reverse 911 System; and WHEREAS, the Borough of Eatontown has decided to withdraw from the Reverse 911 program as agreed in the Interlocal Agreement dated June 2, 2003; and WHEREAS, the need has arisen for the Reverse 911 System to be upgraded to meet the growing needs of the remaining communities; and WHEREAS, it has been agreed that the costs of the upgrades, maintenance and telephone lines will be shared by Shrewsbury, Little Silver, Fair Haven and Rumson on a ratio based upon their 2000 Census population and estimated phone-listing count; and WHEREAS; it is in the best interest of the Borough of Shrewsbury and the Borough of Little Silver to enter into this Interlocal Agreement; NOW, THEREFORE, in consideration of the promises set forth, herein, the parties hereto agree as follows: 1. The Interlocal Agreement between the parties dated June 2, 2003 is hereby 2. The Borough of 3. The Borough of 4. The costs of the upgrades will be borne by the Boroughs of Shrewsbury, Little Silver, Fair Haven and Rumson as follows: Municipality Upgrade Expense Little Silver $2,908.00 Fair Haven $2,743.00 Rumson $3,291.00 5. The costs of hardware maintenance, database maintenance and 25 telephone lines will be borne by Municipality Cost Per Year Little Silver $3,138.00 Fair Haven $2,964.00 Rumson $3,620.00 6. The parties agree to a five (5) year commitment and the costs after year five will be negotiated by the parties. 7. All parties agreed to be responsible for telephone and/or toll charges from call sessions they have activated regardless of the nature of the session. 8. All parties shall have unlimited 24-hour access to the Reverse 911 System. IN WITNESS WHEREOF on the date below written by: ATTEST: BOROUGH OF ________________________ ____________________________ ______ ATTEST: BOROUGH OF LITTLE SILVER DATE ________________________ ____________________________ ______ ATTEST: BOROUGH OF FAIR HAVEN DATE ________________________ ____________________________ ______ ATTEST: BOROUGH OF RUMSON DATE ________________________ ____________________________ _____ Public Portion Remarks of the citizens for the good of the Borough: Assemblywoman Jennifer Beck introduced herself to the Governing Body said she welcomed the input of the Governing Body and public. Discussion followed the Assemblywoman on various local issues. RESOLUTION EXECUTIVE SESSION: BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the following portion of this meeting dealing with personnel matters shall not be open to the public; and BE IT FURTHER RESOLVED that it is anticipated that the matters to be discussed and considered in private may be disclosed to the public when the reason in closed session discussion and action no longer exists; and BE IT STILL FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exception set forth in the Act: personnel. Motion: Mr. Bitman Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous The Regular Meeting was adjourned for Executive Session at 8:02 p.m. Return to Regular Meeting: Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bace and Mr. Biehl, Administrator/Clerk Absent: Mr. DeNoia, Mr. Galante Motion to resume Regular Order of Business: Mr. Gilmour Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous The Regular Meeting was resumed at 8:21 p.m. A Motion was made by Mr. O’Scanlon, seconded by Mr. Gilmour, to authorize the Labor Attorney, Mr. Robert Murray, to prepare a one-year contract for Acting Chief Greenwood as Chief of the Little Silver Police Department. Roll Call Vote: Affirmative: Mr. Bitman, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Absent: Mr. DeNoia, Mr. Galante Motion to Adjourn: Mr. O’Scanlon Second: Mr. VanWinkle Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:25 p.m. Michael D. 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