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September 5, 2006 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL September 5, 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. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, and Mr. Biehl, Administrator/Clerk Absent: Mr. Bitman*, Attorney Bennett* *Mr. Bitman arrived at 7:33 p.m. *Mr. Bennett arrived at 7:40 p.m. 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 quotes for snow plowing of the New Jersey Transit Parking Lot for the 2007 and 2008 snow season (January 1, 2007 – December 31, 2008); and WHEREAS, adequate funding for this expenditure is provided in the Railroad Parking Reserve; and WHEREAS, the following quote was received, opened and publicly read at 10:00 A.M. on August 25, 2006: TOTAL PRICE 5” SNOWFALL USING MINIMUM REQUIRED EQUIPMENT Ryser’s Landscape Supply, Inc. Little Silver $4,025.00; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by Ryser’s Landscape Supply, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Ryser’s Landscape Supply, Inc. in the amount of $4,025.00 for snow plowing in the New Jersey Transit Parking Lot in the Borough of Little Silver be and is hereby accepted. 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 Mayor and Council of the Borough of Little Silver did heretofore advertise for public bids for the purchase of a 2006 Ford Expedition 4x4 Special Services Vehicle for the Borough of Little Silver Police Department; and WHEREAS, the following bid was received by the Borough Administrator/Clerk at 10:00 a.m. on September 1, 2006, opened and publicly read as follows: Warnock Fleet WHEREAS, adequate funding has been provided for said purchase in Ordinance #619-06; and WHEREAS, the Borough Administrator/Clerk has reviewed the bid and finding it to be order recommends the bid submitted by Warnock Fleet be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the bid submitted by Warnock Fleet to purchase a 2006 Ford Expedition 4x4 Special Services Vehicle for the Little Silver Police Department in the amount of $28,497.00 be and is hereby accepted. Motion: Mr. O’Scanlon Second: Mr. VanWinkle Council and Public Discussion: Mr. Bitman asked if the Police Committee had been consulted regarding the changes to this purchase. Mr. O’Scanlon said that everyone is in agreement to this change and it is in line with the plan. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AMENDMENT FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2006 Mr. Biehl certified that same had been published in the Two River Times on August 18, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Gilmour Second: Mr. O’Scanlon Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE AMENDMENT FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2006 Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE CREATING A NEW SECTION 5-26, ENTITLED “WILDLIFE FEEDING” OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY Mr. Biehl certified that same had been published in the Two River Times on August 18, 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. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE CREATING A NEW SECTION 5-26, ENTITLED “WILDLIFE FEEDING” OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY Motion: Mr. Bitman Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE CREATING A NEW SECTION 5-24, ENTITLED “IMPROPER DISPOSAL OF WASTE”, OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW Mr. Biehl certified that same had been published in the Two River Times on August 18, 2006 posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Mr. Biehl noted that all these Ordinances are in regard to the Stormwater Management Program, and are enforceable by the Police Department. Seeing no further comments, Mayor Castleman called for a Motion to close the hearing. Motion hearing be closed: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE CREATING A NEW SECTION 5-24, ENTITLED “IMPROPER DISPOSAL OF WASTE”, OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE CREATING A NEW SECTION 5-25, ENTITLED “PET WASTE”, OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Mr. Biehl certified that same had been published in the Two River Times on August 18, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE CREATING A NEW SECTION 5-25, ENTITLED “PET WASTE”, OF CHAPTER V, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE CREATING A NEW CHAPTER XXV, ENTITLED “ILLICIT STORM SEWER SYSTEM CONNECTION”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Mr. Biehl certified that same had been published in the Two River Times on August 18, 2006, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing closed and called for a second reading. Mr. Biehl introduced for second reading by title only: AN ORDINANCE CREATING A NEW CHAPTER XXV, ENTITLED “ILLICIT STORM SEWER SYSTEM CONNECTION”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 5-6, ENTITLED “GARBAGE AND RUBBISH COLLECTION”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Mr. Biehl certified that same had been published in the Two River Times on August 18, 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. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. Gilmour 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 AND SUPPLEMENTING SECTION 5-6, ENTITLED “GARBAGE AND RUBBISH COLLECTION”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Motion: Mr. Bitman Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 5-18, ENTITLED “RECYCLING”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Mr. Biehl certified that same had been published in the Two River Times on August 18, 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. Seeing none, she called for a Motion to close the hearing. Motion hearing be closed: Mr. Gilmour 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 AND SUPPLEMENTING SECTION 5-18, ENTITLED “RECYCLING”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” Motion: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and Executive Sessions (if any): 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 a Proposal for the Services of a Labor Counsel and Litigation Counsel for the defense of a law suit pertaining to certain personnel matters; and WHEREAS, proposals were received by the Borough Administrator at 10:00 a.m. on August 31, 2006, opened and publicly read and were received by the Borough Counsel at 10:00 a.m. on September 1, 2006 from the following law firms: Scarinci & Hollenbeck, LLC Lyndhurst, NJ The Murray Law Firm, LLC Shrewsbury, NJ Eric M. Bernstein & Associates, LLC Warren, NJ ;and WHEREAS, adequate funding for the services is contained in the 2006 Operating Budget for Legal Services; and WHEREAS, the Borough Attorney has reviewed the Proposals and finds them to be in order; and WHEREAS, the Request for Proposal specifically stated that the Contract was to be awarded through a fair and open process; and WHEREAS, one of the firms shows substantial prior experience with Labor Matters within the Borough and has specific background experience with respect to the litigation pending; NOW, THEREFORE and WHEREAS the Borough Attorney, based on the specific experiences of the Murray Law Firm recommends the awarding of the contract to the The Murray Law Firm, LLC, Shrewsbury, New Jersey at the rate of One hundred fifty-five dollars ($155.00) per hour; and NOW, THEREFORE BE IT FURTHER RESOLVED by the Mayor and Council of the Borough of Little Silver that The Murray Law Firm, LLC, Shrewsbury, New Jersey be and is hereby retained as Labor Counsel for the Borough of Little Silver as well as Special Counsel to deal with Litigation on behalf of the Borough for the defense of a lawsuit pertaining to certain labor matters which have been filed; and BE IT STILL FURTHER RESOLVED that the amount to be expended in this matter is capped at $15,000.00 and any excess in that amount would have to be approved by the Mayor and Council prior to expenses being incurred; and BE IT BE FINALLY RESOLVED that a copy of this Resolution shall be forwarded to: 1) The Murray Law Firm, LLC 2) Borough Clerk 3) Borough Attorney Motion: Mr. VanWinkle Second: Mr. Gilmour Council and Public Discussion: Mr. DeNoia stated that one of the critical points in this Resolution is that the firm has specific labor background and specific background with regard to this particular matter, and it is very cost effective. Mr. Biehl presented a letter of recommendation from Mr. Bennett, which he read into the record (copy attached). Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Communications: None Resolution - Payment of Bills and Claims, August 22, 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 $ 88,001.93 Operating – Prior Year 2,700.00 School Taxes 1,229,310.85 Capital 67,241.33 Grant 4,155.72 Various Trusts & Reserves 150.95 Escrow Projects 3,613.50 Payroll of 8/11/06 $ 118,384.23 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: August County Taxes $1,071,275.48 Total $2,513,558.51 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. Bitman noted, in reference to the purchase of Police Department computers, that discussion had taken place regarding the purchase of scheduling software, and requested follow up discussions should be held. Mr. Biehl noted that this would be followed up with the new Chief. Mr. Galante noted that the original total on the Vouchers Payable list was incorrect, omitting the County Tax payment. The correction was made and the correct total was calculated. Roll Call (with amended total): Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Resolution - Payment of Bills and Claims, September 5, 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 $ 49,128.12 Operating – Prior Year 0.00 School Taxes 0.00 Capital 9,087.10 Grant 0.00 Various Trusts & Reserves 2,826.62 Escrow Projects 300.00 Payroll of 8/25/06 $ 139,278.41 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: $ 0.00 Total $ 200,620.25 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. Bitman 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 RECONSIDERATION OF SALARY ORDINANCE: Mr. O’Scanlon noted that there had been discussion on changing the Tax Collector’s salary to be allotted from the Treasurer’s Salary provision. Mr. Biehl noted that it had been discussed with no decision, and the Council agreed that it had not been resolved. It was further discussed and Mr. Bennett advised the Ordinance be introduced by Title. Mayor Castleman called for a Motion to reconsider the Ordinance. Motion: Mr. O’Scanlon Second: Mr. Bitman Vote: Voice Vote – Ayes – Unanimous Mr. Bennett recommended the following Ordinance Amendment. (This is the first reading, with a Public Hearing to be scheduled): Delete: CFO and Tax Collector $2,500.00 Add: Treasurer $2,500.00 Motion: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID, INSURANCE AND NEWSLETTER (Board of Health, Emergency Management and Public Affairs): Mr. Galante, no report. POLICE AND EMERGENCY PREPAREDNESS (Library Trustees): Mr. O’Scanlon first reported the above Ordinance Amendment above. He then reported that he met with Police Chief, and that everything regarding the recent storm had been handled efficiently. He further reported that new Relief Dispatchers and Crossing Guards are in the process of being trained. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that Borough Engineer Greg Blash, along with Kerri Miller, State Environmental Commission, discussed revising the Environmental Resource Inventory, with a $2,500 grant that had been received. He further reported that he had advised Mr. Biehl that the Parker-Sickles Farm Park needs cleaning up. PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman reminded that there will be a 9/11 Memorial Service at Borough Hall on Sunday, September 10, 6:00 p.m. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the Regular Meeting of the Planning Board had been rescheduled to Thursday, September 7. He also noted that he had received questions regarding the new schedule for brush and limb collection. Mr. Biehl replied that the new schedule is planned to be implemented on January 1, 2007, due to first priority of cleaning storm drains and the brush that currently needs to be cleaned up due to the recent storm. He noted that he is working with the DPW on this, as well as implementation of the new schedule. 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 explained the 9/11 Memorial Service and urged all to attend. She also thanked everyone who worked during the recent storm, noting that damage was minimal, and thanked the residents for their patience during the power outage. Mayor Castleman then recommended the appointment of Lynn Perfetto, 54 Lovett Avenue, as Recording Secretary to the Recreation Committee. Motion: Mr. Bitman Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous Other Reports: Mr. Biehl gave the Financial Summary for the Month of July, 2006: Cash on Hand Beginning of the Month $ 9,005,712.00 Total Monthly Receipts 1,467,293.00 Total Monthly Disbursements 2,078,433.00 Cash on Hand End of Month $ 8,394,573.00 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 5.01%. Mayor Castleman then introduced Greg Blash, Borough Engineer, who discussed upcoming Capital Improvement projects. The first, which is also scheduled for this week’s Planning Board meeting, was the new roof on the Women’s Club Building. He presented the plan and explained the structural changes and construction details of the proposed new roof. After discussing the plan, discussion followed regarding the bidding process and determination of qualifications of bidders on the project. Mr. Blash then discussed the pending project of moving the Post Office Museum building to the Parker-Sickles Farm Park. He reported that he had been looking into the pricing of this project and requested the approval to seek bids regarding the cost of moving of that building. Discussion followed regarding the use of the property being proposed. Mr. Blash explained that he is only interested in getting general prices for the purpose of estimating the cost of the project at this point. The Mayor and Council agreed that this would be feasible. The next item Mr. Blash discussed was the demolition of the clay tennis court at the former Santelle property, which the Borough now owns. Mayor Castleman noted that some people are some people are still using and maintaining the court, and requested more discussion be held regarding the use of the courts and the use of the property. **Mr. Galante left the meeting at 8:43 p.m. Old Business: None New Business: Consent Agenda: Mayor Castleman announced that Consent Agenda would approve the following Resolutions. Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, Holiday Express, Inc. has made application to the Mayor and Council of the Borough of Little Silver for a one (1) day liquor license for October 20, 2006 to be held at Sickles Market LLC, Harrison Avenue, Little Silver, NJ; and WHEREAS, the applicant has complied with all regulations governing such license; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the one (1) day liquor license for Holiday Express, Inc. be and is hereby approved. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on January 18, 2005 to G & M Eastern Contracting, Inc. for Improvements to the Woman’s Club, Borough Hall and Museum as well as various other items within the Borough of Little Silver in an amount not to exceed $222,000.00 based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver amended said contract on December 5, 2005 in accordance with Change Order #1 and further amended said contract on February 21, 2006 in accordance with Change Order #2; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include installation of Hadco fixtures to match new fixtures and remove existing light post and cap wiring at the Little Silver Borough Hall per attached Change Order #3; and WHEREAS, this Change Order falls 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 579-04; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the agreement with G & M Eastern Contracting, Inc. is hereby amended to $247,434.82 an increase of $2,648.69, for improvements at the Borough Hall in accordance with Change Order #3. 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 November 7, 2005 be and is hereby amended as follows: DELETE: Justin Bradley Probationary Patrolman $37,337.00 (1/1/06-12/9/06) Patrolman (1 year) $43,117.00 (12/10/06-12/31/06 ADD: Justin Bradley Probationary Patrolman $37,337.00 (1/1/06-7/18/06) Patrolman (1 year) $43,117.00 (7/19/06-12/31/06 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, Conover Realty, LLC did previously post Shrewsbury State Bank Letter of Credit #1055 in the amount of $290,309.89 and $32,256.65 in cash as a Performance Bond for improvements to Block 30.01, Lots 1, 2 and 3 in the Borough of Little Silver; and WHEREAS, by letter dated June 19, 2006 the Borough Engineer recommended release of the Performance Bond subject to the payment of all outstanding bills and the posting of a Maintenance Bond in the amount of $32,256.65 if posted in cash or certified check or $48,384.98 if posted as a surety; and WHEREAS, all fees were paid and the cash portion of the Performance Bond was held and posted as the Maintenance Bond as stated in Resolution of the Governing Body dated July 11, 2006; and WHEREAS, Contemporary Motor Cars, Inc. has since posted American Southern Insurance Company Maintenance Bond #B98808-014474 in the amount of $48,384.98; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Cash Maintenance Bond in the amount of $32,707.26 (including interest accrued through August 10, 2006) for improvements to Block 30.01, Lots 1,2 and 3 in the Borough of Little Silver be and is hereby released. BE IT FURTHER RESOLVED that any interest accruing after August 10, 2006 shall accrue to the Borough of Little Silver. R E S O L U T I O N WHEREAS, the Borough of Little Silver is in need of a contract for maintenance and repair of its HVAC systems at the Borough Hall, Library, Railroad Station, Woman’s Club, Borough Hall Annex, Parker Homestead and the Post Office Museum; and WHEREAS, the Facilities Coordinator and Administrator/Clerk have solicited the following quotes: Mid-State Heating & Cooling Red Bank, NJ $4,650.00 Automated Building Controls, Inc. Neptune, NJ $5,960.00; and WHEREAS, adequate funding for this purchase is contained in the 2006 Operating Budget; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the quote submitted by Mid-State Heating & Cooling.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Mid-State Heating & Cooling in the amount of $4,650.00 for HVAC systems maintenance and repairs be and is hereby accepted. R E S O L U T I O N WHEREAS, the Borough of Little Silver requires the services of a Dog Warden for the capture and impoundment of at-large domestic pets and the care of injured, trapped or sick animals; NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Little Silver that the Mayor and Borough Clerk be and are hereby authorized to enter into an agreement with the Borough of Red Bank for the providing of Dog Warden Services to the Borough of Little Silver for the period January l, 2006 to December 31, 2006 in accordance with the attached agreement in the amount of six thousand eight hundred sixty two dollars ($6,862.00) plus four dollars ($4.00) per cat (281 cats $1,124.00) licensed by the Borough of Little Silver during the contract period. R E S O L U T I O N WHEREAS, Contemporary Motor Cars, Inc. did previously post Shrewsbury State Bank Irrevocable Stand-By Letter of Credit #980 in the amount of $35,026.29 as a Performance Bond for improvements to Block 76, Lots 8,9,10,11,12,13 and 14 in the Borough of Little Silver; and WHEREAS, by letter dated December 7, 2004 by the Borough Engineer recommended release of the Performance Bond subject to payment of all outstanding bills and the posting of a Maintenance Bond: $5,837.71 if posted as a Surety Bond or $3,891.81 if posted in cash; and WHEREAS, all fees have been paid and a Maintenance Bond, American Southern Insurance Companies, Bond No. B98808-014477 has been posted in the amount of $5,837.71 ; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Shrewsbury State Bank Irrevocable Stand-By Letter of Credit #980 Performance Bond for Improvements to Block 76, Lots 8,9,10,11,12,13 and 14 in the Borough of Little Silver be and is hereby released. R E S O L U T I O N WHEREAS, the Mayor and Council of the Borough of Little Silver require the services of a COAH Implementation and Administration Professional for the Borough’s Affordable Housing Monitoring Services; 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 Administrator/Clerk has solicited a proposal from Community Grants & Planning, Inc., Housing Services Inc., East Windsor, NJ for implementation of the Borough’s Affordable Housing Monitoring Services in an amount not to exceed $13,675.00 for the initial twelve month period; and WHEREAS, adequate funding for this service is contained in the Borough’s Housing Rehabilitation Trust Fund; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver hereby authorizes the Mayor and the Administrator/Clerk/Municipal Housing Liaison to enter into a Professional Services Contract with Community Grants & Planning, Inc., Housing Services Inc. for implementation of the Borough’s Affordable Housing Monitoring Services in amount not to exceed $13,675.00 for the initial twelve month period. R E S O L U T I O N
WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for park, recreation, conservation and farmland preservation purposes, as well as for recreation and conservation development and maintenance purposes within Monmouth County; and WHEREAS, the Governing Body of the Borough of Little Silver desires to obtain County Open Space Trust Funds in the amount of $112,500.00 to fund the acquisition of the Benevides property, 221 Rumson Road, in the Borough of Little Silver, Block 17, Lot 43; and WHEREAS, the total cost of the project including all matching funds is $450,000.00; and WHEREAS, the Borough of Little Silver will be holder of any interest acquired with County Open Space Trust Funds. NOW, THEREFORE, BE IT RESOLVED BY the Borough of Little Silver that: 1. Gregory Blash of Leon S. Avakian, Inc., the Borough Engineer is authorized to (a) make an application to the County of Monmouth for Open Space Trust Funds, (b) provide additional application information and furnish such documents as may be required for the Municipal Open Space Grants Program and (c) act as the principal contact person and correspondent of the above named municipality; and 2. The Borough of Little Silver is committed to this project and will provide the balance of funding necessary to complete the project in the form of non-county matching funds as required in the Policy and Procedures Manual for the Program; and 3. If the County of Monmouth determines that the application is complete and in conformance with the Monmouth County Municipal Open Space Program and the Policy and Procedures Manual for the municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such policies and procedures, and applicable federal, state, and local government rules, regulations and statutes thereto; and 4. Suzanne S. Castleman, Mayor of the Borough of Little Silver is hereby authorized to sign and execute any required documents, agreements, and amendments thereto with the County of Monmouth for the approved Open Space Trust Funds; and 5. This Resolution shall take effect immediately. R E S O L U T I O N
WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for park, recreation, conservation and farmland preservation purposes, as well as for recreation and conservation development and maintenance purposes within Monmouth County; and WHEREAS, the Governing Body of the Borough of Little Silver desires to obtain County Open Space Trust Funds in the amount of $131,250.00 to fund the acquisition of the Santelle property, 201 Riverview Avenue, in the Borough of Little Silver, Block 79, Lot 11.01; and WHEREAS, the total cost of the project including all matching funds is $525,000.00; and WHEREAS, the Borough of Little Silver will be holder of any interest acquired with County Open Space Trust Funds. NOW, THEREFORE, BE IT RESOLVED BY the Borough of Little Silver that: 1. Gregory Blash of Leon S. Avakian, Inc., the Borough Engineer is authorized to (a) make an application to the County of Monmouth for Open Space Trust Funds, (b) provide additional application information and furnish such documents as may be required for the Municipal Open Space Grants Program and (c) act as the principal contact person and correspondent of the above named municipality; and 2. The Borough of Little Silver is committed to this project and will provide the balance of funding necessary to complete the project in the form of non-county matching funds as required in the Policy and Procedures Manual for the Program; and 3. If the County of Monmouth determines that the application is complete and in conformance with the Monmouth County Municipal Open Space Program and the Policy and Procedures Manual for the municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such policies and procedures, and applicable federal, state, and local government rules, regulations and statutes thereto; and 4. Suzanne S. Castleman, Mayor of the Borough of Little Silver is hereby authorized to sign and execute any required documents, agreements, and amendments thereto with the County of Monmouth for the approved Open Space Trust Funds; and 5. This Resolution shall take effect immediately. R E S O L U T I O N
WHEREAS, the Shade Tree Enforcement Officer has recommended that several areas within the Borough of Little Silver are in need of tree removal and tree trimming; and WHEREAS, adequate funding for said tree removal and trimming is contained in the 2006 Operating Budget, Shade Tree Operations; and WHEREAS, the Shade Tree Enforcement Officer has obtained the following quotes: Beattie’s Tree Service $15,000.00 CMF Co., Inc., Tree Experts $12,160.00 Frontier Tree Service $ 7,150.00; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends that the quote submitted by Frontier Tree Service in the amount of $7,150.00 be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Frontier Tree Service for the tree removal and tree trimming be and is hereby accepted. R E S O L U T I O N
WHEREAS, the Borough of Little Silver is in need of Landscape Services for the Borough Hall, Borough Hall Annex, Little Silver Train Station, Sickles Park Berm and Spring Street Plantings to include weekly mowing, mulching, trimming and fall clean-up for a period of two years (2006 spring and fall season and 2007 spring and fall season); and WHEREAS, adequate funding for this purchase will be provided in the 2006 Operating Budget and the 2007 Operating Budget; and WHEREAS, the Borough Facilities Coordinator has solicited informal quotes from contractors and received the following responses: Lawns E.T.C. Red Bank: Sickles Park $ 840.00 Borough Hall $3,565.00 Train Station $2,426.00 Borough Hall Annex $2,107.00 Spring Street $ 920.00 Amended total from June 5, 2006 Resolution $9,858.00 DeFazio’s Lawn Service, Red Bank DECLINED TO QUOTE Gales Lawn Service, Little Silver NO RESPONSE DMR, Eatontown NO RESPONSE Bongarzones Lawn & Landscaping, Tinton Falls NO RESPONSE Brickman Group, Freehold NO RESPONSE G&G Lawn and Landscape Services NO RESPONSE West Long Branch Ryser’s Lawn and Landscape, Little Silver NO RESPONSE Grounds Keeper, Inc., Old Bridge NO RESPONSE U.S. Grounds Maintenance, Manalapan NO RESPONSE Sure Landscape & Design, Little Silver NO RESPONSE WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the quotes of Lawns E.T.C.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote from Lawns E.T.C., in the amended total from June 5, 2006 Resolution of $9,858.00 for Landscape Services the Borough Hall, Borough Hall Annex, Little Silver Train Station, Sickles Park Berm and Spring Street Plantings for a period of two years (2006 spring and fall season and 2007 spring and fall season) be and is hereby accepted. RESOLUTION WHEREAS, Rodney and Elizabeth Boden, the former owners of 609 Harding Road in the Borough of Little Silver, Block 18, Lot 14, paid the third quarter 2006 taxes in the amount of $3,040.38 as part of their closing fees; and WHEREAS, the Boden’s mortgage company, GMAC Mortgage Corp., also paid the third quarter 2006 taxes causing an overpayment necessitating a refund; and WHEREAS, the Tax Collector has an executed Power of Attorney in the file and a request for the refund to be made payable to David A. Roth, Esq., as Trustee; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the borough of Little Silver, that a check be drawn in the amount of $3,940.38 payable to David A. Roth, Esq., Trustee, as a refund of the overpayment of the third quarter taxes for 609 Harding Road, Block 18, Lot 14 in the Borough of Little Silver. ** Mr. Galante returned to the meeting at 8:44 p.m. Public Portion Remarks of the citizens for the good of the Borough: None Motion to Adjourn: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:45 .m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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