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January 23, 2006 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL January 23, 2006 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:34 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. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante Mr. Biehl read the following: R E S O L U T I O N WHEREAS, the Borough of Little Silver has publicly advertised for receipt of bids for the collection, removal, and disposal of garbage, rubbish and other refuse; and WHEREAS, the Specifications for the bidding and contract provided for residential collection two (2) days per week for the entire year as Alternative #1, and Alternative #2 residential collection one (1) day per week for the entire year; and WHEREAS, the Specifications utilized by the Borough were promulgated by the State of New Jersey Department of Environmental Protection; and WHEREAS, the Borough of Little Silver, received the following bids on December 28, 2005, for said collection, removal and disposal of garbage, rubbish and other refuse (FOR A PERIOD OF THREE YEARS COMMENCING APRIL 1, 2006 THROUGH MARCH 31, 2009): REPUBLIC SERVICES OF NJ, LLC D/B/A MARPAL COMPANY Alternate #2 Alternate #1
Once Per Week Twice Per Week 1 YEAR $166,000.00 $181,000.00 2 YEARS $335,000.00 $365,000.00 3 YEARS $509,000.00 $552,000.00 WASTE MANAGEMENT OF NEW JERSEY, INC. Alternate #2 Alternate #1
Once Per Week Twice Per Week 1 YEAR $249,396.00 $249,396.00 2 YEARS $508,752.00 $508,752.00 3 YEARS $777,204.00 $777,204.00 DE LISA DEMOLITION, INC. Alternate #2 Alternate #1
Once Per Week Twice Per Week 1 YEAR No Bid $210,000.00 2 YEARS No Bid $400,000.00 3 YEARS No Bid $593,000.00; and WHEREAS, adequate funding has or will be contained in the appropriate annual budgets; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver that the appropriate Borough Officials be and are hereby authorized to execute a three year agreement between the Borough and REPUBLIC SERVICES OF NJ, LLC, D/B/A MARPAL COMPANY, in the amount of $552,000.00 (Alternate #1, twice per week) for a period of three years commencing April 1, 2006 through March 31, 2009. BE IT FURTHER RESOLVED that the Borough Administrator/Clerk be and is hereby authorized to return the bid bonds to the unsuccessful bidders. Motion: Mr. O’Scanlon Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Mr. Biehl read the following: R E S O L U T I O N WHEREAS, the Mayor and Council of the Borough of Little Silver did heretofore advertise for public bids for Storm Drainage Improvements in the Borough of Little Silver; and WHEREAS, specifications for the same were prepared by the Borough Engineer; and WHEREAS, the following bids were received by the Administrator/Clerk Clerk at 10:00 a.m. on January 12, 2006 opened and publicly read as follows: Fernandes Construction South River, NJ $54,000.00 D&D Utility Contractors, Inc. Long Branch, NJ $63,444.00 Precise Construction Freehold, NJ $68,760.00 T. Grosso & Son, Inc. Rosselle Park, NJ $69,500.00 Berto Construction Rahway, NJ $99,000.00 Roc Z. Industries, Inc. Toms River, NJ $121,410.00 F&P Contractors, Inc. South Amboy, NJ $152,750.00; and WHEREAS, adequate funding for said improvements has been provided in Bond Ordinance #600-05; and WHEREAS, the Borough Engineer has reviewed the bids and recommends to the Mayor and Council that the low bid submitted by Fernandes Construction be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low bid submitted by Fernandes Construction in the amount of $54,000.00 for Storm Drainage Improvements Program in the Borough of Little Silver be and is hereby accepted; and BE IT FURTHER RESOLVED that the Borough Administrator/Clerk be and is hereby authorized to return the bid bonds to the unsuccessful bidders. Motion: Mr. O’Scanlon Second: Mr. VanWinkle Council and Public Discussion: Mr. Biehl noted that this includes drainage on Winding Way at Bernard Terrace, where there was a cave-in of pipes in the back yard that were buried when the house was built. He said another project was on Little Silver Point Road at the Murphy property, scheduled for construction, where the pipes have been clogged for years. The third project is off Borden Place on the Berrich property. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Communications: None Student remarks and brief remarks from other members of the Public: None Resolution - Payment of Bills and Claims (January 23, 2006) 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 $ 106,153.05 Operating – Prior Year 28,011.42 School Taxes 0.00 Capital 20,704.49 Grant 0.00 Various Trusts & Reserves 300.11 Escrow Projects 500.00 Payroll of 1/13/06 $ 117,708.57 Void Checks: 8566 Mun. Excess Liability Ins. Fund $ - 1,700.00 Manual Checks: $ 0.00 Wire Transfers: Monmouth County Treasurer $ 1,126,541.20 Total $ 1,398,219.14 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: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, 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. Mayor Castleman reported that there will be an Emergency Management meeting on February 4. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that it had been discussed to appoint Bill Yodice, a State Trooper to be Chair of the Safety Committee, in the event that the present Chairman, Mr. Cheevers, resigns, and that he will know by the next meeting February 15. Mayor Castleman noted that it is being considered to combine the Drug Alliance with the Safety Committee. Mr. Gilmour reported that the boardwalk at the end of Prospect Avenue is now complete. PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman reported that he is investigating the matter of the Point Road Field and whether there is a plan to do a project with the school children, and if the contractor is still responsible for fixing the field. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that there will be a meeting within the next two weeks in regard to the new Storm Water Management Program, to make sure the program is understood and that we meet the requirements. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: Mr. Bitman noted, in regard to the Storm Water Management Program, this is state-mandated but must be paid out of the Borough’s Operating Budget. Mayor's Report: Mayor Castleman reported that she will write in the Newsletter regarding the Storm Water Management Program. Other Reports: Mr. Biehl gave the Financial Summary for the Month of December 2005: Cash on Hand Beginning of the Month $ 11,420,431.00 Total Monthly Receipts 492,477.00 Total Monthly Disbursements 1,904,084.00 Cash on Hand End of Month $ 10,008,824.00 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 4.03%. Old Business: None New Business: None Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. VanWinkle Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None RESOLUTION WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax refunds or a delinquent amount in an amount of less than $10.00, and WHEREAS, the governing body authorizes the Tax Collector to process, without further action on their part, and cancellation of property tax refunds or delinquencies of less than $10.00; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, County of Monmouth, State of New Jersey, hereby authorize the Tax Collector to cancel said tax amounts as deemed necessary. BE IT FINALLY RESOLVED, that a certified copy of the Resolution be forwarded to the tax Collector and Borough auditor. DELINQUENT OVERPAID BLOCK LOT NAME AMOUNT BLOCK LOT NAME AMOUNT 13 115 Kenney 0.79 1 11 Gavin 0.01 17 4.145 Orlando 0.10 7 1 Johnson 2.00 17 8 Lanfrank 0.01 8 13 Systma 5.48 17 22 Berkowitz 0.02 11 31 Feyereisen 0.02 23 30 Clark 5.16 13 43 Van Keuren 9.50 26 35 Kackstaff 0.20 13 55 Roache 0.61 28 83 Lynn 0.29 13 107 Rogers 0.72 28 102 Rogers 0.06 13 121 Arege 0.01 30 2.113 Radler 0.01 17 4.83 Lynch 0.30 30.2 22.1 Nuzzi 0.08 17 13 Wallach 0.01 38 15 Visciano 1.78 21 20 Ludlum 0.44 44 31 Behrmann 0.76 21 26 Lloyd 0.01 61 32 Takacs 0.05 23 3 Pouso 0.01 70 6 Reinken 0.03 23 17 Matlack 3.86 81 7 Mason 0.84 28 113 West 4.79 84 3 Stromp 0.31 28 124 Dengler 0.26 TOTAL 10.49 30 2.11 Sivaprasad 0.01 32 1 O’Neill 0.01 36 14 Seden 0.01 40 51 Dolinac 6.73 40 63 Deangellis 0.06 48 1 Reisner 0.01 48 7 Russo 3.00 48 32 Sanford 0.01 49 10 Horn 4.78 49 12 Langan 0.01 51 24 Pearson 0.01 54 24 Travis 0.30 58 21 Kroll 0.01 64 11 Guttenplan 0.01 64 21 Smith 0.10 66 15 O’Connell 0.01 67 12 Clemente 0.70 75 5.9 Scaduto 0.04 75 5.21 Alexander 0.10 75 5.79 McCann 7.09 78 3 Niehause 0.01 78 9 Snavely 4.83 80 1 Schneider 4.30 82 5 Apy 0.81 84 9 Fernandes 0.10 TOTAL 61.08 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 January 20, 2006) Sharon Kavendek Zoning Assistant $14.50/hr. ADD: (Effective January 23, 2006)
Sharon Kavendek Clerk’s Assistant $30,160.00 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 Governing Body of the Borough of Little Silver deems it to be in the best interest of the residents of Little Silver to provide certain public health services; and WHEREAS, the Visiting Nurse Association of Central Jersey (VNACJ) is a non-profit corporation capable of providing such services; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Mayor of the Borough of Little Silver and the Health Officer be and are hereby authorized to enter into an agreement with the Visiting Nurse Association of Central Jersey (VNACJ) for the provision of public health and nursing services as delineated in the attached agreement for the annual sum of $3,700.00 for the period of January 1, 2006 through December 31, 2006. R E S O L U T I O N WHEREAS, the Little Silver Fire Department is in need of 4 Globe jackets, 2 Globe pants, 2 pair Ranger Boots and 2 Cairns Helmets with faceshield and front; and WHEREAS, the following quote has been solicited under State Contract #A53063: Murphy Fire & Safety, Inc. Kearny, NJ $5,002.00; and WHEREAS, adequate funding for said purchase is contained in Ordinance #601-05; 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 above referenced items from Murphy Fire & Safety, Inc. in the amount of $5,002.00. R E S O L U T I O N WHEREAS, the Little Silver Fire Department is in need of 5 Ziamtic Quick horizontal Storage Racks and 10 quick-storage racks without tops; and WHEREAS, adequate funding for this purchase is contained in Ordinance #601-05; and WHEREAS, the following quotes have been obtained: Murphy Fire and Safety Kearny, NJ $1,055.00 Heiman Fire Equipment Ashton, Iowa $1,293.50 Pak-Rat Fire Equipment Oceanport, NJ NO QUOTE; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the quote submitted by Murphy Fire and Safety; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Murphy Fire and Safety for 5 Ziamtic Quic horizontal storage racks and 10 quick-storage racks without tops be and is hereby accepted. R E S O L U T I O N WHEREAS, the Borough of Little Silver requires all members of its Public Works/Recycling Department to obtain and maintain a Commercial Driver's License (CDL) in good standing in accordance with laws of the United States of America and the State of New Jersey; and WHEREAS, those statutes require the Borough to conduct random drug and alcohol screening and screening upon the occurrence of certain events; and WHEREAS, the Borough is desirous of contracting with Commerce National Risk Control, Risk Managers of the Joint Insurance Fund, for said drug and alcohol screening for the calendar year 2006; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Mayor and Borough Clerk be and are hereby authorized to enter into agreement with Commerce National Risk Control Services on behalf of the Borough of Little Silver for drug and alcohol testing services in accordance with the attached agreement, the cost of which is not to exceed $677.05 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 December 31, 2005)) Frances Pastoriza Clerk’s Assistant $37,921.00 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. RESOLUTION WHEREAS, a need exists within the Little Silver Police Department for a Whelen Liberty LED Lightbar; and WHEREAS, adequate funding has been provided for said purchase in Ordinance #601-05; and WHEREAS, the Acting Chief of Police has obtained the following quote under State Contract #A60539: East Coast Emergency Lighting North Brunswick, NJ $1,982.36; 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 a Whelen Liberty LED Lightbar in the amount of $1,982.36 under State Contract #A60539 from East Coast Emergency Lighting. R E S O L U T I O N WHEREAS, the Mayor and Council believe the interests of the public and the officers and dispatchers of the Little Silver Police Department, the Little Silver Volunteer Fire Department, the Little Silver Volunteer Emergency Medical Services may best be served by providing critical response counseling services and an Employee Assistance Program (E.A.P.) to the members; and WHEREAS, said critical response service includes "on-call" support counseling during incidents which may be emotionally or physically charged; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Mayor and Borough Clerk be and are hereby authorized to enter into an agreement with Ms. Stephanie Samuels, M.A. to provide critical response services and an Employee Assistance Program (E.A.P.) to the Little Silver Police Department, the Little Silver Volunteer Fire Department and the Little Silver Volunteer Emergency Medical Services, the duration of said agreement to run from February 1, 2006 to January 31, 2007 at a cost to the Borough not to exceed Four Thousand Seven Hundred Fifty Dollars ($4,750.00) plus mileage and telephone calls. R E S O L U T I O N WHEREAS, Senate Bill S-457 is intended to modify the “time of decision” rule which currently allows municipalities to change the zoning regulations during the pendency of an application for development; and WHEREAS, under the bill the ordinances in effect at the time an application is submitted shall govern the review of that application and any decision made following upon that review; and WHEREAS, “the time of decision rule” is a judicially recognized principal that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and WHEREAS, courts have applied the “time of decision rule” to correct errors in zoning ordinances, thus giving local legislators the opportunity to correct legislative policy that had been found to be imperfectly expressed; and WHEREAS, the “time of decision rule” has permitted a municipality to give additional legislative consideration to serious and substantial land use planning concerns that, for whatever reason, had not been previously addressed in the ordinance; and WHEREAS, application and zoning changes require public discussion and hearings, and S-457 would permit developers to “beat the clock” by filing applications and freezing the ability of local officials to act; NOW, THEREFORE, BE IT RESOLVED, the Mayor and Council of the Borough of Little Silver urges our State Legislators to oppose S-457; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to State Senator Ellen Karcher, Assemblyman Michael Panter and Assemblywoman Jennifer Beck, the Senate Community and Urban Affairs Committee, the New Jersey Sate League of Municipalities and the Office of the Governor. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a quote on December 5, 2005 to Cypreco Industries, Inc., Neptune NJ in amount not to exceed $18,121.00 for the repair of the Little Silver Pedestrian Bridge 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 replacement of the trex top rail with treated lumber and extend and bolt all new posts to deck support grid with no net change in costs 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 Ordinance #601-05; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Cypreco Industries, Inc. with no net change in costs is hereby amended to include replacement of the trex top rail with treated lumber and extend and bolt all new posts to deck support grid for the repair of the Little Silver Pedestrian Bridge in accordance with Change Order #1. Public Portion Remarks of the citizens for the good of the Borough: Michael Wright, an employee in the Public Works Department who is retiring in February, thanked the Mayor and Council for his twenty-seven years of service. Mayor Castleman called for a Motion for Executive Session: 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 and possible litigation 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 and possible litigation. Motion: Mr. O’Scanlon Second: Mr. Bitman Vote: Voice Vote – Ayes – Unanimous The Regular Meeting adjourned to Executive Session at 8:05 p.m. Motion to return to Regular Meeting: Motion: Mr. VanWinkle Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous The Regular Meeting resumed at 8:33 p.m. Motion to adjourn: Motion: Mr. Gilmour Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous The meeting was adjourned at 8:33 p.m.
Michael D. Biehl Administrator/Clerk | |||||||||||||||
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