Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
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March 20, 2006

MINUTES OF THE REGULAR MEETING OF THE

LITTLE SILVER BOROUGH COUNCIL

March 20, 2006

 

The Mayor and Council of the Borough of Little Silver have cancelled their Workshop Meeting scheduled for Thursday, March 16, 2006, 7:30 p.m. and rescheduled the Workshop Meeting for Monday, March 20, 2006 at 7:00 p.m. with the regular Meeting to follow at 8:00 p.m.

 

The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:16 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 March 16, 2006."

 

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. Galante, Mr. Gilmour,

Mr. O’Scanlon, Attorney Bennett and Mr. Biehl, Administrator/Clerk

 

Absent: Mr. VanWinkle           

 

 

Mayor Castleman called for a motion to suspend the Regular Order of Business:

 

Motion:            Mr. Gilmour

Second:            Mr. DeNoia

 

Vote:                Voice Vote – Ayes – Unanimous

 

Mayor Castleman presented framed copies of a previously-adopted Resolution to the Eastern Region Pop Warner Scholar Team

 

Mayor Castleman called for a Motion to resume the Regular Order of Business:

 

Motion:            Mr. Gilmour

Second:            Mr. O’Scanlon

 

Vote:                Voice Vote – Ayes – Unanimous

 

 

 

 

Roll Call:         

 

Present:            Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon and Mr. Biehl, Administrator/Clerk

 

Absent: Mr. VanWinkle

 

PUBLIC HEARING

 

AN ORDINANCE AMENDING AN ORDINANCE ENTITLED “CHAPTER 16A”  “LAND USE AND DEVELOPMENT REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY (Section 3.4 Fees)

 

Mr. Biehl certified that same had been published in the Two River Times on March 3, 2006 , posted on the bulletin board, with copies available to the public.

 

Motion hearing be opened:        Mr. DeNoia

Second:                                    Mr. O’Scanlon

 

Roll Call:  Voice Vote - Ayes - Unanimous

 

Mayor Castleman declared the hearing open and called for comments.  Mr. Biehl noted that this amends and reduces the Grading Application Fee and the Grading Escrow Fee for professional services.  Seeing no further comments, Mayor Castleman called for a Motion to close the hearing.

 

Motion hearing be closed:         Mr. O’Scanlon

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 AMENDING AN ORDINANCE ENTITLED “CHAPTER 16A”  “LAND USE AND DEVELOPMENT REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY (Section 3.4 Fees)

 

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 HEARING

 

AN ORDINANCE AMENDING CHAPTER V “POLICE REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY

 

Mr. Biehl certified that same had been published in the Two River Times on March 3, 2006 , posted on the bulletin board, with copies available to the public.

 

Motion hearing be opened:        Mr. O’Scanlon

Second:                                    Mr. DeNoia

 

Roll Call:  Voice Vote - Ayes - Unanimous

 

Mayor Castleman declared the hearing open and called for comments.  Mr. Biehl noted that this Ordinance will raise the maximum penalty under General Violations to $2,000.  Seeing no further comments, Mayor Castleman called for a Motion to close the hearing.

 

Motion hearing be closed:         Mr. Galante

Second:                                    Mr. Bitman

 

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 CHAPTER V “POLICE REGULATIONS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY

 

Motion:            Mr. DeNoia

Second:            Mr. Gilmour

 

Roll Call:

            Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

            Negative:          None

            Abstentions:      None

 

PUBLIC HEARING

 

AN ORDINANCE AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACQUIRE CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 79, LOT 11.01 ON THE LITTLE SILVER BOROUGH TAX MAP

 

Mr. Biehl certified that same had been published in the Two River Times on March 10, 2006 , posted on the bulletin board, with copies available to the public.

 

Motion hearing be opened:        Mr. Bitman

Second:                                    Mr. Gilmour

 

Roll Call:  Voice Vote - Ayes - Unanimous

 

Mayor Castleman declared the hearing open and called for comments.  Richard Paprcka, 30 Edgewood Avenue, stated that he hoped the Mayor and Council would take into consideration the complaints regarding drainage, street level, and the input of the residents of the area regarding plans for the property.  Mayor Castleman replied that the complaints would be given to the Borough Engineer for evaluation.  Mr. Galante replied that as of now there is no plan for the property.  Attorney Bennett clarified that the Ordinance was for purchase and acquisition of the property and does not state any intention or plan for utilization of the property.  Kim Kruesi, 26 Edgewood Avenue, asked if the property is zoned strictly for residential, or if it could be turned into a parking lot or some other commercial purpose.  Mayor Castleman replied that she didn’t know what the plan would be for that property, that there will be a parking lot built somewhere in the area, but will be properly built and landscaped to fit into the neighborhood.  She added that the residents will be notified of the plans and will have the opportunity to add their input.  Mr. DeNoia stated that the first step is to preserve the property by the Borough acquiring it, and the next step will be to develop a plan for its use, which will include public input.  Pat Bruno stated that use of the property will increase traffic and appropriate attention should be given to that problem.  Kathy Howarth, 33 Edgewood Avenue, stated that the house has been vacant for a while, and that the residents are concerned about security and safety.  Mayor Castleman replied that once the property is acquired, the Police Department will be notified.  Kim Kruesi further noted that the playground is old and needs repairs.  Mayor Castleman replied that the Department of Public Works will check it and make it as safe as possible. 

 

Motion hearing be closed:         Mr. O’Scanlon

Second:                                    Mr. Galante

 

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 ACQUIRE CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 79, LOT 11.01 ON THE LITTLE SILVER BOROUGH TAX MAP

 

 

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

 

PUBLIC HEARING

 

AN ORDINANCE AMENDING MUNICIPAL LAND USE ORDINANCE CHAPTER 16A ARTICLE 8, SECTION 8.28 – ADDING ARTICLE 8, SECTION 8.28 ENTITLED “STORMWATER MANAGEMENT” FOR THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY

 

Mr. Biehl certified that same had been published in the Two River Times on March 10, 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.  Mayor Castleman noted that this is the beginning of a State-mandated plan.  Mr. Biehl noted that this is the first part of the plan and that there will be additional Ordinances regarding the plan.  Seeing no further comments, Mayor Castleman called for a Motion to close the hearing.

 

Motion hearing be closed:         Mr. O’Scanlon

Second:                                    Mr. Galante

 

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 MUNICIPAL LAND USE ORDINANCE CHAPTER 16A ARTICLE 8, SECTION 8.28 – ADDING ARTICLE 8, SECTION 8.28 ENTITLED “STORMWATER MANAGEMENT” FOR THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY

 

Motion:            Mr. O’Scanlon

Second:            Mr. DeNoia

 

Roll Call:

            Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

            Negative:          None

            Abstentions:      None

 

Consideration of Minutes for Regular Meetings and Executive Sessions (if any) of

January 5, 2006

 

Motion:            Mr. Galante 

Second:            Mr. Bitman

 

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

 

Mr. Galante read the following:

 

RESOLUTION

 

WHEREAS, in the normal operation of the Borough of Little Silver, it will be necessary for making contracts, commitments and payments prior to the adoption of the regular budget for the Borough of Little Silver for the year 2006; and

 

WHEREAS, the 2006 Temporary Budget expires on March 31, 2006; and

 

WHEREAS, adoption of the 2006 Municipal Budget is anticipated on a date to be set during the second quarter of 2006; and

 

WHEREAS, in order to meet the obligations of the borough for the period of April 1, 2006 to June 30, 2006, it becomes necessary to extend the Temporary Budget for 2006 to include additional appropriations; and

 

WHEREAS, the total amount of the appropriations made hereunder do not exceed twenty-six and twenty-five hundredths percent (26.25%) of the budget for the year 2006, exclusive of the amount appropriated for capital improvements, interest and debt redemption charges;

 

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that, pursuant to N.J.S.A. 40A:4-20, the following Temporary Budget be and is hereby amended to include the following additional appropriations for the period April 1, 2006 through June 30, 2006; and

 

BE IT FURTHER RESOLVED that certified copies of the Resolution be transmitted to the Director of the Department of Community Affairs and the Borough Chief Financial Officer.

 

 

 

 

 

 

 

GENERAL ADMINISTRATION

 

 

Salaries & Wages

01-20-100-011

30,000

Other Expense

01-20-100-021

198,000

 

 

 

MAYOR & COUNCIL

 

 

Salaries & Wages

01-20-110-012

4,900

Other Expense

01-20-110-020

0

 

 

 

MUNICIPAL CLERK

 

 

Salaries & Wages

01-20-120-010

34,000

 

 

 

FINANCIAL ADMINISTRATION

 

 

Salaries & Wages

01-20-130-010

24,630

Other Expense

01-20-130-022

1,500

 

 

 

AUDIT SERVICE

01-20-135-020

30,000

 

 

 

REVENUE ADMINISTRATION

 

 

Salaries & Wages

01-20-145-010

7,900

Other Expense

01-20-145-021

2,500

 

 

 

TAX ASSESSMENT ADMINISTRATION

 

 

Salaries & Wages

01-20-150-011

9,700

Other Expense

01-20-150-022

2,000

 

ELECTIONS

01-20-151-020

4,000

 

LEGAL SERVICES

 

 

Salaries & Wages

01-20-155-010

3,700

Other Expense

01-20-155-028

20,000

 

 

 

ENGINEERING SERVICES

01-20-165-020

10,000

 

 

 

PLANNING BOARD

 

 

Salaries & Wages

01-21-180-011

22,400

Other Expense

01-21-180-021

20.000

 

 

 

OTHER CODE ENFORCEMENT FUNCTIONS

 

 

Salaries & Wages

01-22-200-010

2,000

Other Expense

01-22-200-022

4,000

 

 

 

LIABILITY INSURANCE

01-23-210-090

25,000

 

 

 

WORKERS COMPENSATION INSURANCE

01-23-215-020

10,000

 

 

 

EMPLOYEE GROUP INSURANCE

01-23-220-092

300,000

 

 

 

POLICE DEPARTMENT

 

 

Salaries & Wages

01-25-240-011

412,000

Other Expense

01-25-240-022

30,000

 

 

 

POLICE DISPATCH 911

01-25-250-020

5,000

 

 

 

EMERGENCY MANAGEMENT

 

 

Other Expense

01-25-252-020

0

 

 

 

AID TO VOLUNTEER FIRE DEPT. (incl. Hydrants)

01-25-255-026

10,000

 

 

 

FIRE PREVENTION

 

 

Salaries & Wages

01-25-256-010

3,000

Other Expense

01-25-256-022

800

 

 

 

AID TO VOLUNTEER AMBULANCE

01-25-260-026

2,000

 

LOSAP – OE

01-25-265-020

55,000

 

MUNICIPAL PROSECUTOR

 

 

Salaries & Wages

01-25-275-010

2,400

Other Expense

01-25-276-020

100

 

STREET & ROAD MAINTENANCE

 

 

Salaries & Wages

01-26-290-011

95,000

Other Expense

01-26-290-026

30,000

 

 

 

SHADE TREE

 

 

Salaries & Wages

01-26-300-010

7,700

Other Expense

01-26-300-020

4,000

 

 

 

RECYCLING/GARBAGE CONTRACT

 

 

Salaries & Wages

01-26-305-011

58,000

Other Expense

01-26-305-022

85,000

 

 

 

BUILDING & GROUNDS

 

 

Salaries & Wages

01-26-310-012

0

Other Expense

01-26-310-024

20,000

 

 

 

VEHICLE MAINTENANCE

 

 

Salaries & Wages

01-26-315-011

16.400

Other Expense

01-26-315-030

15,000

 

 

 

COMMUNITY SERVICE ACT (Condo)

01-26-325-020

9,000

 

 

 

PUBLIC HEALTH SERVICES

 

 

Salaries & Wages

01-27-330-010

1,600

Other Expense

01-27-330-022

2,000

 

 

 

ENVIRONMENTAL HEALTH SERVICE

01-27-335-020

100

 

 

 

WELFARE ADMINISTRATION

 

 

Salaries & Wages

01-27-345-010

1,300

Other Expense

01-27-345-022

100

 

 

 

CONTRIB. TO SOCIAL SERVICE AGENCY

01-27-360-020

2,000

 

 

 

RECREATION SERVICES & PROGRAMS

 

 

Salaries & Wages

01-28-370-012

4,200

Other Expense

01-28-370-028

15,000

 

 

 

MAINTENANCE OF PARKS

 

 

Salaries & Wages

01-28-375-011

30,000

Other Expense

01-28-375-026

10,000

 

 

 

MUNICIPAL LIBRARY

 

 

Salaries & Wages

01-29-390-011

28,100

Other Expense

01-29-390-022

2,000

 

 

 

ACCUMULATED LEAVE COMPENSATION

01-30-415-020

10,000

 

CELEBRATION OF PUBLIC EVENTS

01-30-420-020

2,000

 

 

 

 

 

 

ELECTRICITY

01-31-430-020

30,000

 

 

 

STREET LIGHTING

01-31-435-020

10,000

 

 

 

TELEPHONE

01-31-440-100

15,000

 

 

 

WATER

01-31-445-100

1,000

 

 

 

GAS

01-31-446-100

8,000

 

 

 

FUEL OIL

01-31-447-225

1,500

 

 

 

SEWERAGE PROCESSING & DISPOSAL

01-31-455-100

200

 

 

 

GASOLINE

01-31-460-100

20,000

 

 

 

GARBAGE DISPOSAL

01-32-465-020

30,000

 

 

 

CONTINGENT

01-35-470-020

0

 

 

 

P.E.R.S.

01-36-471-020

0

 

 

 

SOCIAL SECURITY

01-36-472-020

64,000

 

 

 

P.F.R.S.

01-36-475-020

0

 

 

 

MUNICIPAL COURT

 

 

Salaries & Wages

01-42-490-011

22,400

Other Expense

01-42-490-022

2,000

 

 

 

PUBLIC DEFENDER

 

 

Salaries & Wages

01-42-495-010

900

 

 

 

GREEN ACRES LOAN PAYMENTS

01-45-940-020

15,000

 

 

 

 

 

          

 

 

 

TOTAL EXTENDED TEMPORARY BUDGET

 

1,955,030

 

 

 

 

 

Mr. Galante noted that the body of the Resolution refers to 2005, and should say 2006.

 

Motion as amended:     Mr. Galante

Second:                        Mr. O’Scanlon

 

Roll Call:

            Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

            Negative:          None

            Abstentions:      None

 

 

Mr. Galante read the following: 

 

Resolution - Payment of Bills and Claims

 

Mr. Galante 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                                             $    130,587.18     

            Operating – Prior Year                                                 894.40

            School Taxes                                                                   1,147,644.45

            Capital                                                                                   5,232.34

            Grant                                                                                    37,202.00         

            Various Trusts & Reserves                                                    3,866.78

            Escrow Projects                                                                            0.00

 

Payroll of  3/10/06                                                                    $    117,325.45

 

Void Checks:                                                                           $               0.00

 

Manual Checks:                                                                        $               0.00

 

Wire Transfers:                                                             $               0.00

 

Total                                                                                        $ 1,442,752.60

 

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: 

 

Roll Call:

Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

Negative:          None   

Abstentions:      None

 

 

 

REPORTS OF COUNCIL MEMBERS:

 

FIRE, FIRST AID, INSURANCE AND NEWSLETTER (Board of Health,

Emergency Management and Public Affairs):  Mr. Galante reported that the Fire Department’s 100th Anniversary Dinner will be on April 29.

 

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, no report.  Mayor Castleman reported that the next Safety Meeting will be on April 5, where she is hoping to join the Drug Alliance with Safety Committee, and that there are two retired Police Chiefs in the Borough who she would like to have join.  

 

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 reported that the next regularly scheduled meeting of the Planning

Board for tomorrow night was postponed to April 4..  He also reported that there was a meeting with Mayor Castleman, Mr. Biehl, Mr. Clark (Department of Public Works) and Mrs. Gormley regarding the implementation of the Stormwater Management plans.

 

FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory):  Mr. VanWinkle, absent, no report.

 

Council and Public Discussion:   None

 

Mayor's  Report:   None

 

Other Reports:  Mr. Biehl reported that he had received a call from Rosemary Brewer, Environmental Commission, who wants to make an application for Smart Growth Funds to update Open Space Inventory and Environmental Resource Inventory, in the amount of $3,000.  She asked for the Governing Body’s approval to make application, the Governing Body agreed, and Mr. Biehl stated a Resolution would be prepared. 

 

Mr. Biehl gave the Financial Summary for the Month of February , 2006:

 

Cash on Hand Beginning of the Month                                      $  11,709,245.00                            

Total Monthly Receipts                                                                   2,735,608.00

Total Monthly Disbursements                                                                      3,314,864.00

Cash on Hand End of Month                                                                $  11,129,989.00

 

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 February of 4.34%.

 

Old Business:  None

 

New Business:

 

ORDINANCE INTRODUCTION

 

Mayor Castleman introduced by title:

 

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 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 April 17, 2006.

 

Motion:            Mr. Bitman 

Second:            Mr. O’Scanlon

 

Council and Public Discussion:  None

 

Roll Call:

Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

Negative:          None   

Abstentions:      None  

 

 

Consent Agenda:  Mayor Castleman announced that Item #4 regarding the Interlocal Services Agreement for the Reverse 9-1-1 notification system would be pulled from the Resolutions and the following five Resolutions would be approved by  Consent Agenda.

 

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

 

 

 

R E S O L U T I O N

 

WHEREAS, the Borough of Little Silver has a need to acquire Borough Engineering services as a non-fair and open contract pursuant to the provisions of  N.J.S.A. 19:44A-20.4; and,

 

WHEREAS, the Purchasing Agent, Michael D. Biehl,  has determined and certified in writing that the value of the acquisition will exceed $17,500; and

 

WHEREAS, the anticipated term of this contract is one year; and

 

WHEREAS,  Leon S. Avakian, Inc. has submitted a proposal, January 1, 2006 indicating they will provide Borough Engineering services for the Borough of Little Silver in accordance with the attached fee schedule; and   

 

WHEREAS,  Leon S. Avakian, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Leon  S. Avakian, Inc. has not made any reportable contributions to a political or candidate committee in the Borough of Little Silver in the previous one year, and that the contract will prohibit Leon S. Avakian, Inc. from making any reportable contributions through the term of the contract, and

 

WHEREAS, pursuant to N.J.S.A. 40A:4-57, adequate funds are available for the payment of this contract in the 2006 Municipal Budget;

 

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver authorizes Suzanne S. Castleman, Mayor to enter into a contract with Leon S. Avakian, Inc. as described herein; and

 

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

 

 

 

RESOLUTION AUTHORIZING PROFESSIONAL APPRAISAL SERVICES -

GAGLIANO APPRAISAL, LLC  IN CONNECTION WITH THE BOROUGH’S POTENTIAL ACQUISITION OF BLOCK 79, LOT 11.01

 

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 79, Lot 11.01  (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, Gagliano Appraisal, LLC, has submitted a proposal to the Borough, at a fee of $1,500.00, 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 therefor, 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 Gagliano Appraisal, LLC, for the provision of the necessary appraisal services.

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Borough 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 Gagliano Appraisal, LLC regarding the aforesaid appraisal services, in an amount not to exceed $1,500.00.

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 the 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.         Gagliano Appraisal, LLC

 

b.                  Borough Attorney

 

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 DATE March 17, 2006)

Catherine Ottaviano      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

 

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 March 20, 2006)

Joe Lauterwasser                      Jr. Police Dispatcher                 $36,812.00

 

 

                                                (Effective March 6, 2006)

Joe Lauterwasser                      Class 1 Special Officer             $    14.50/hr

 

                                                (Effective March 6, 2006)

John McGuire                           Class 1 Special Officer             $          14.50/hr

 

                                                (Effective March 6, 2006)        

Peter Giblin                              Relief Dispatcher                      $          14.50/hr

 

                                                (Effective March 6, 2006)

Peter Giblin                              Class 1 Special Officer             $          14.50/hr

 

                                                (Effective March 6, 2006)

Herman Credle                         Relief Crossing Guard               $          36.51/day

 

                                                (Effective March 6, 2006)

Harold Scott                             Relief Crossing Guard               $          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

 

WHEREAS, Gary and Nancy Costello have filed suit against the Borough of Little Silver Planning Board as a result of the denial of their application for development of Block 46.01, Lot 2 in the Borough of Little Silver; 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 to assist in the defense of this lawsuit; 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 Michael Leckstein, Esq. to be retained as Attorney for the Little Silver Planning Board for the purposes of defending said application at a rate not to exceed $150/hour.

 

 

 

Attorney Bennett read the following:

 

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH

OF LITTLE SILVER AUTHORIZING THE ADOPTION OF A REVISED

PERSONNEL POLICY MANUAL.

WHEREAS, the Borough of Little Silver is a municipal corporation in the State of New Jersey; and

WHEREAS, as a municipal entity, the Borough employs various employees; and

WHEREAS, the Borough Council previously authorized the Borough to join the Municipal Excess Liability Joint Insurance Fund; and

WHEREAS, the Municipal Excess Liability Joint Insurance Fund provides the Borough with Employment Practice Liability Coverage, conditioned on the following:

a.         The Borough submitting the standard employment application form;

b.         The Borough establishing a Risk Management/Loss Control Plan and Personnel Policy;

c.         The Borough providing for annual updates of the Risk Management Plan and the Personnel Policy Manual; and

 

WHEREAS, regularly updating the Borough’s Personnel Policy Manual will better enable the Borough to handle employment-related matters in accordance with updated legal requirements.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, in the County of Monmouth and State of New Jersey, as follows:

1.         That the Borough hereby authorizes the Borough Administrator to update the Personnel Policy Manual of the Borough of Little Silver, in accordance with the requirements of the Municipal Excess Liability Joint Insurance Fund, and subject to the review of the Borough Attorney.

2.         That nothing contained in the within Resolution shall preclude the Borough Council from modifying the Personnel Policy, in the future, as it deems appropriate.

3.         That the within Resolution shall take effect immediately.

4.      That the revised Personnel Policy Manual shall be made available to all Borough employees.           

 

Motion:            Mr. O’Scanlon

Second:            Mr. DeNoia

Roll Call:

Affirmative:       Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour,

Mr. O’Scanlon

Negative:          None   

Abstentions:      None  

 

 

RESOLUTION

RESOLUTION AUTHORIZING THE LEGAL SERVICES OF

PATRICK ACCISANO, ESQ., TO SERVE AS SPECIAL COUNSEL TO THE

BOROUGH OF LITTLE SILVER IN A LEGAL MATTER REGARDING AN APPLICATION FILED BY VERIZON NEW JERSEY, INC., TO CONSTRUCT

AND OPERATE A CABLE TELEVISION SYSTEM IN THE BOROUGH.

 

WHEREAS, there is a need for the Borough of Little Silver to retain the services of special counsel in order to represent the interests of the Borough with regard to an application filed by Verizon New Jersey, Inc., to construct and operate a cable television system in the Borough; and 

WHEREAS, the Borough Attorney cannot handle this matter due to a conflict of interest; and

WHEREAS, Patrick Accisano, Esq., is willing to represent the Borough in this matter at the same rate as the Borough Attorney; 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 therefor, provided that the Resolution authorizing the contract and the contract itself be available for public inspection in the office of the Borough 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 award of this professional service contract to Patrick Accisano, Esq., for the provision of the necessary legal services.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, in the County of Monmouth and State of New Jersey, as follows:

1.         That the Mayor is authorized to execute and the Borough Clerk to attest an Agreement between the Borough of Little Silver and Patrick Accisano, Esq., regarding the aforesaid legal services.

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 hourly billing will be charged at the rate of $155.00 per hour and there shall be a cap on the expenditure of funds related to this contract in the amount of $2,500.00, without further authorization from the Borough Council.

4.         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.

5.         That Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the Borough.

6.         That a certified copy of this Resolution shall be provided to each of the following:

a.         Patrick Accisano, Esq.

b.         Borough Chief Financial Officer

c.                   Borough Attorney

Motion:              Mr. DeNoia

Second:             Mr. O’Scanlon

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:  Mr. Cheevers, Kings Road, said he feels it is a good idea to combine the Traffic Safety Committee and the Drug Alliance.  He also stated that a bill is in the works, allowing towns to set their own speed limits, and that he has heard rumors about changing speed limits on Kings Road and Point Road back to 35 mph.  The Governing Body agreed that the letter from the State stated that 25mph was not enforceable.  Mr. Bennett stated that 25mph is not enforceable, and the Police will not enforce it. 

 

Motion to Adjourn:       Mr. Galante     

Second:                        Mr. DeNoia

 

Roll Call:  Voice Vote - Ayes – Unanimous

 

The meeting was adjourned at 9:25 p.m.

 

 

                                                                                                                                                                                                                                                Michael D. Biehl                                                                                                                                   Administrator/Clerk

 


         
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Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone      732-219-0581 fax




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