MINUTES OF THE REGULAR MEETING OF THE

LITTLE SILVER BOROUGH COUNCIL

May 15, 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. Gilmour and followed by a moment of silence, during which Mayor Castleman asked for remembrance for John Clark and family, who lost their daughter last week.

Roll Call:         

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

Mr. VanWinkle, Attorney Kingdon, Mr. Biehl, Administrator/Clerk, and

Attorney Accisano

Absent: Mr. O’Scanlon*           *arrived at 7:42 p.m.

Mayor Castleman introduced Shrewsbury Police Officers Ptl. Frank Neary and Capt. Tim Spencer to explain Agenda Item 14b regarding a feasibility study for shared services of police dispatchers and operation of a central dispatch center.  The Resolution would allow for conducting the feasibility study to apply for a grant to implement such a program.   Discussion followed regarding the general scope of the program and clarification of certain details. 

PUBLIC HEARING

MUNICIPAL CONSENT APPLICATION - VERIZON

Mr. Biehl certified that same had been published in the Asbury Park Press on March 30, 2006 and May 4, 2006 and posted on the bulletin board, with copies available to the public.

Motion hearing be opened:        Mr. Galante

Second:                                    Mr. Gilmour

Roll Call:  Voice Vote - Ayes - Unanimous

Mayor Castleman declared the hearing open and called for comments.  John Szeliga, Director of Public Policy and External Affairs for Verizon, N.J. presented an application to provide cable television service to the Borough.  Lincoln Janus, an employee of Verizon as a Video Franchising Manager, presented background information about Verizon and the services that would be offered, particularly the opportunity with Verison’s fiber optic system and the services that would be offered.  He also discussed the company’s discounted rates to schools and public buildings.  He said that Verizon wants to offer an alternative to the current cable provider.  He distributed a brochure and presented a video describing the services Verizon would provide.   Katrina Waiters, an attorney with McGuire Woods LLP, representing Verizon, explained the process that would be followed for Verizon to apply for a cable television franchise within the Borough.  She further explained that the purpose of this Public Hearing was for the Governing Body to determine if Verizon has met the technical and financial standards to qualify as an applicant to provide cable television service; and, if so, asked the Governing Body to pass a Resolution approving the application that was filed on February 27, 2006.  Discussion followed regarding the application process and certain terms and conditions of the service.  Attorney Accisano clarified that the Governing Body is not under obligation to approve the application within a specific time frame, and that there are several issues outstanding that must be discussed before such approval or passage of a Resolution.  He further stated that a Resolution would not have to be adopted in order to negotiate and pass an Ordinance approving the application.   He further discussed the length of the term of service, and questioned if there would be additional free services offered to schools, such as internet access.  Mr. Janus replied that certain products would be offered as packages, but that separate internet services would not be offered from a competitive standpoint.  Mr. Accisano stated that he had written a letter to Christine Petruzell, Attorney for Verizon, outlining some issues and concerns, and that perhaps it would be best to wait for her reply before continuing the discussions.  Mr. Accisano recommended to wait for the reply from Verizon’s attorney, and that the Governing Body then consider the application and the competitive concerns.

The Governing Body agreed to carry the Hearing to the meeting of June 5, 2006.

Motion to carry:            Mr. Bitman

Second:                        Mr. O’Scanlon

Voice Vote – Ayes – Unanimous

Mayor Castleman declared that the Public Hearing will be carried to June 5, 2006.

Communications:          None 

Student remarks and brief remarks from other members of the Public  None: 

Resolution - Payment of Bills and Claims (May 15, 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                                             $    165,515.14

            Operating – Prior Year                                            34,868.75

            School Taxes                                                                                 0.00

            Capital                                                                                   5,355.87

            Grant                                                                                         937.60

            Various Trusts & Reserves                                                    3,504.82

            Escrow Projects                                                                        218.75

Payroll of  5/5/06                                                                      $    116,089.43

Void Checks:                                                                           $               0.00

Manual Checks:

#8984                                                                          $        1,900.00

Wire Transfers:                                                             $               0.00

Total                                                                                        $    328,390.36  

I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted.  Lynn Marie Gale, C.M.F.O., Chief Financial Officer.

Motion:            Mr. VanWinkle

Second:            Mr. Gilmour

Council and Public Discussion: 

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.  At this time, Dane Mihlon, President of the Little Silver Volunteer Fire Company #1, was called upon in the audience.  He spoke about parking for the 100^th Anniversary celebration on June 17, 2006.  The firemen would like to park about forty personal vehicles on the Borough’s property across from the Firehouse.  There will be no heavy vehicles, only cars of those whom mainly are elderly.  The Mayor and Council agreed to allow it. 

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

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 will be tomorrow night, and that copies of the Agenda are 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:   None

Other Reports:  None

Mr. Biehl gave the Financial Summary for the Month of April, 2005:

Cash on Hand Beginning of the Month                                      $ 8,406,221.00                                           

Total Monthly Receipts                                                                1,541,175.00

Total Monthly Disbursements                                                                      372,550.00

Cash on Hand End of Month                                                                $ 9,574,846.00

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 4.62 %.

Old Business:  None

New Business:

ORDINANCE INTRODUCTION

Mayor Castleman introduced by title:

AN ORDINANCE AUTHORIZING THE BOROUGH OF LITTLE SILVER TO ACQUIRE CERTAIN REAL PROPERTY KNOWN AND DESIGNATED AS BLOCK 17, LOT 43 ON THE LITTLE SILVER BOROUGH TAX MAP (BENEVIDES PROPERTY) 

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 June 5, 2006.

Motion:            Mr. O’Scanlon

Second:            Mr. Gilmour

Council and Public Discussion:  None  

Roll Call:

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

Mr. O’Scanlon, Mr. VanWinkle          

Negative:          None   

Abstentions:      None

Mr. Biehl read the following:

R E S O L U T I O N

WHEREAS, the Governing Body of the Borough of Shrewsbury, Borough of Little Silver, Borough of Fair Haven and Borough of Rumson have agreed to apply for a SHARE (Sharing Available Resources Efficiently) Grant through the State of New Jersey Local SHARE Program in the total amount of $8,000.00; and,

WHEREAS, the Borough of Shrewsbury has agreed to be the lead agency in this endeavor; and

WHEREAS, the Governing Body of the Borough of Shrewsbury is acknowledging and accepting the responsibility of acting as applicant for this grant on behalf of the Borough of Little Silver, Borough of Fair Haven and Borough of Rumson ; and

WHEREAS, the State of New Jersey has made SHARE grants available to assist local units study, develop and implement new shared and regional services; and

WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of Police Dispatcher Services that would be beneficial to the Borough of Shrewsbury, Borough of Little Silver, Borough of Fair Haven and Borough of Rumson;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Little Silver that the Borough of Little Silver does hereby join with the Borough of Shrewsbury, Borough of Fair Haven and the Borough of Rumson  in applying for a grant for the purpose of a shared Police Dispatcher Service of such an endeavor; and

BE IT FURTHER RESOLVED that the Borough of Little Silver agrees to provide its agreed share of the required local match in the amount of $1,000.00 and that the Borough of Shrewsbury to accept receipt of the local match requirements from the other participating local units and to be responsible for its proper expenditure.

Motion:            Mr. VanWinkle

Second:            Mr. Gilmour

Council and Public Discussion:  None

Roll Call:

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

Mr. O’Scanlon, Mr. VanWinkle          

Negative:          None   

Abstentions:      None

Consent Agenda:  Mayor Castleman announced that the following Resolutions would be approved by  Consent Agenda.

Motion:            Mr. VanWinkle           

Second:            Mr. Gilmour

Roll Call:

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

Mr. O’Scanlon, Mr. VanWinkle          

Negative:          None   

Abstentions:      None

R E S O L U T I O N

WHEREAS, Jay S. Wodka, as a member of the Boy Scouts of America, Troop 126, has achieved the rank of Eagle Scout, the highest rank in Scouting; and

WHEREAS, Jay S. Wodka, for his Eagle Scout Project organized a beautification of the outdoor courtyard at Little Silver Point Road School; and

WHEREAS, Jay S. Wodka planned and organized over thirty scouts, family and friends to remove the overgrown bushes and weeds, planted a tree, bushes, flowers, bulbs and assembled new picnic tables along with a home for the “millennium time capsule” creating an outdoor classroom for the students;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver does hereby recognize the achievement of Jay S. Wodka in attaining the rank of Eagle Scout and further, congratulates and commends him for his service to the Boy Scouts of America and to his community.

R E S O L U T I O N

WHEREAS, Governor Jon S. Corzine proposed New Jersey's FY2007 budget on March 21, 2006 which is the largest proposed budget in state history; and

WHEREAS, in his proposal Governor Corzine increases government spending by $2.9 billion or 10% (spending increase) above last year's $28 billion budget, making the current proposed budget almost $31 billion; and

WHEREAS, the Governor's budget proposal raises the sales tax from six to seven percent and requires that the tax be imposed on additional goods and services which would cost the average New Jersey family an additional $600 per year; and

WHEREAS, the Governor's budget proposal raises taxes on cigarettes, alcohol, small businesses, water usage, landscaping, real estate, prescription drugs, gym memberships, hospital care and more; and

WHEREAS, the Governor's budget proposal  increases state debt; and

WHEREAS, local property taxes increased over 30 percent in the last five years and Governor Corzine's budget proposal does nothing to reduce property taxes, and;

WHEREAS, the Governor's budget proposal cuts municipal and school aid for the fourth consecutive year shifting the burden onto local governments and school boards; and

WHEREAS, the people of New Jersey and of this municipality can no longer afford state government due to $8.3 billion in new spending, $5.8 billion in new taxes and 30 percent increase in property taxes over the last four years; and

WHEREAS, the Legislature should  balance our state's budget by cutting spending and not raising taxes;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver  calls upon Governor Corzine and the State Legislature to cut spending and not to raise taxes for FY State Budget 2007;

BE IT FURTHER RESOLVED that copies of this Resolution be distributed to Governor Corzine, Senator Ellen Karcher, Assemblywoman Jennifer Beck and Assemblyman Michael Panter.

                                                             R E S O L U T I O N

WHEREAS, the Borough of Little Silver did heretofore award a bid on January 23, 2006 to Fernandes Construction, Inc., South River, NJ for Storm Drainage Improvements in the Borough of Little Silver  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 adjust the as-built quantities in accordance with the attached Change Order #1; and

WHEREAS, these Change Orders fall within the legal limit established pursuant to N.J.A.C. 5:31-4.2; and

WHEREAS, adequate funding for these purchases is contained in Bond Ordinance #600-05;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with Fernandes Construction Inc. is hereby amended to $58,565.00 from $54,000.00 an increase of $4,565.00 to adjust the contract for the as-built quantities in accordance with Change Order #1.

R E S O L U T I O N

WHEREAS, application has been made to the Borough of Little Silver by the Red Bank Regional Buccaneer Booster Club for an On Premise Draw Raffle on May 30, 2006; and

WHEREAS, all requirements have been complied with for the holding of such Raffle;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the application for an On Premise Draw Raffle by the Red Bank Regional Buccaneer Booster Club be and is hereby approved.

Public Portion Remarks of the citizens for the good of the Borough:  None 

Motion to adjourn Regular Meeting to 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 litigation 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 litigation.

Motion:            Mr. O’Scanlon

Second:            Mr. Gilmour

Voice Vote – Ayes – Unanimous

The Regular Meeting adjourned to Executive Session at 9:33 p.m.

Motion to resume Regular Meeting:

Motion:            Mr. O’Scanlon

Second:            Mr. Gilmour

Roll Call:

Present:            Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Kingdon, Mr. Biehl, Administrator/Clerk

Absent:             None

The Regular Meeting was resumed at 9:42 p.m.

Motion to Adjourn:       Mr. O’Scanlon

Second:                        Mr. Galante

Roll Call:  Voice Vote - Ayes – Unanimous

The meeting was adjourned at 9:52 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