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April 16, 2007 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL April 16, 2007 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 April 5, 2007." The salute to the flag was led by Mr. Bace and followed by a moment of silence, with Mayor Castleman asking for special thoughts for the victims of the massacre at Virginia Tech University today. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bace and Mr. Biehl, Administrator/Clerk Absent: None Consideration of Minutes for Regular Meetings and Executive Sessions (if any) of: February 20, 2007 Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Voice Vote – Ayes – Unanimous March 5, 2007 Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Voice Vote – Ayes – Unanimous March 19, 2007 Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Voice Vote – Ayes – Unanimous April 2, 2007 Motion: Mr. Bitman Second: Mr. Gilmour 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 Resolution - Payment of Bills and Claims, April 16, 2007 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 $ 201,970.80 Operating – Prior Year 3,685.49 School Taxes 1,229,310.85 Capital 27,932.50 Grant 0.00 Various Trusts & Reserves 3,694.96 Escrow Projects 3,197.50 Payroll of 4/6/07 $ 128,494.26 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: $ 0.00 Total $ 1,598,286.36 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. O’Scanlon 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 AND NEWSLETTER (Board of Health, Emergency Management and Public Affairs): Mr. Galante, no report. POLICE AND EMERGENCY PREPAREDNESS (Library Trustees): Mr. O’Scanlon, no report. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that the Traffic and Safety Committee met and discussed the new “no parking” Ordinance on Point Road. He said a compromise had been reached with St. John’s Church to allow parking on the south side across from the church, from 7:00 a.m. to 5:00 p.m. every Sunday, and that is still on the table. 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 a solution is being sought for creating an entrance and separate exit at the DPW garage, for recycling drop-off. He added that the DPW is investigating this with utility companies, and will try to establish this to alleviate the traffic congestion in the Recycling Center. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: Father Mark VanSant of St. John’s Episcopal Church, 325 Little Silver Point Road, thanked the Safety Committee for inviting them to attend their recent meeting. He said they appreciated the consideration they were given in expressing their concerns regarding the new parking plan and thanked Mr. Gilmour for presenting a compromise. He said they could not see any problems outside of school hours and no evidence of potential problems, other than during school hours. He also introduced John Davies, Senior Warden of St. John’s, to explain some of the findings regarding the parking situation. Mr. Davies advised that he had looked at the N.J. Residential Site Improvement Standards, Table 4.3 that describes how wide a road should be and how far parking can go out. In regard to the Church’s argument that parking should still be allowed on the south side, Table 4.3 indicates that there is still allowance for one lane of parking, even if it is identified as a high-traffic street. Mr. Davies said the compromise they are requesting is extending the no parking area from Westwood to the church driveway, and from Lippincott to the beginning of the church parking area, which would then eliminate two lanes of parking in the area that is less than 26 feet wide. He said the church Vestry agrees that parking on the south side is a valuable part of the church program and should not be restricted. Mr. Gilmour replied that he had taken the church’s concerns to the Police Department, who has deemed the parking requested by the church, as an unsafe area. He questioned why the church would feel the parking would be safer in that area during a church function, as opposed to a school function. Father Mark VanSant replied that the report from the Police Department cited the danger of children running in the street and between cars, and he added that during school hours that would be a danger. He noted that the Police Department report stated that there had been incidents about mirrors being cut off, and further noted those incidents had occurred only during school hours. He said he would like to be shown proof of accidents during church hours. Mr. O’Scanlon asked if the Borough Engineer had been consulted about the parking plan, and if the DCA (Department of Community Affairs) finds the R.S.I.S. acceptable, and where the liability would be. Mr. Biehl agreed to arrange a meeting with the Borough Engineer, Mr. Davies, representatives of the Police Department and Mr. Gilmour. Mayor's Report: Mayor Castleman reported that the Relay for Life, American Cancer Society Fund Raiser, would be held June 8 at Red Bank Regional High School. She said all neighbors would be notified that it would be an all-night event. Mayor Castleman announced that May 2 would be Student Government Day. She also announced the annual Memorial Day Essay Contest for student at Markham Place School, sponsored by the Dorn Family. Other Reports: Mr. Biehl gave the Financial Summary for the Month of March 2007: Cash on Hand Beginning of the Month $ 10,422,995.00 Total Monthly Receipts 307,305.00 Total Monthly Disbursements 933,682.00 Cash on Hand End of Month $ 9,796,618.00 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 5.16%. Old Business: None New Business: 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, the Borough of Little Silver has a need to acquire Planning Board Attorney 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 may exceed $17,500; and, WHEREAS, the anticipated term of this contract is one year; and WHEREAS, Michael R. Leckstein, Esq. has submitted a proposal, March 30, 2007 indicating he will provide Planning Board Attorney services for the Borough of Little Silver in the amount of $160.00 per hour, $125.00 for residential Resolutions which shall include service review and jurisdictional determinations and an annual rate per the 2007 Borough of Little Silver Salary Ordinance; and WHEREAS, Michael R. Leckstein, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that Michael R. Leckstein, Esq. 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 Michael R. Leckstein, Esq. 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 2007 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 Michael R. Leckstein, Esq. 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. R E S O L U T I O N WHEREAS, grant receivable balances in the amount of $15,105.94 entitled “From the State of New Jersey Department of Transportation” remain on the Capital Fund balance sheet; and WHEREAS, the Borough Engineer has certified that the improvement projects have been completed; and WHEREAS, it is necessary to formally cancel the receivable balances and the offsetting appropriation reserve balances from the balance sheet; and WHEREAS, the projects have been fully spent, the Operations account of the Current Fund will fund the cancelled receivable; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the following grant receivables and appropriation reserve balances be cancelled: GRANT TITLE ORD. # AMOUNT CANCELLED 2002 Harding Road Improvement 530-02 $ 2,126.72 2004 White Road Improvement 579-04 $ 12,979.22 R E S O L U T I O N WHEREAS, certain equipment owned by the Borough of Little Silver is no longer required for the operations of the Borough; and WHEREAS, N.J.S.A. 40A:11-36 requires approval of the Governing Body for the sale of personal property belonging to the Borough; and WHEREAS, the estimated fair market value of the property to be sold exceeds $2,500.00; and WHEREAS, the Mayor and Council wish to engage the services of the professional auctioneer, Auction Liquidation Services, the costs of which shall be shared with other participating towns in accordance with the attached agreement; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to dispose of the following items of personal property no longer required for public use through a public auction: 1991 Ford F700 With Plow Vin No. 1FDPK84P5MVA08887 1988 Jeep Vin No. 1JCMT7826JT051637 1991 Volvo Vin No. YV1FA8842M2530584 Dewalt Table Saw #Model 140 Miscellaneous Bicycles Miscellaneous Computers BE IT FURTHER RESOLVED that the Administrator/Clerk is hereby authorized to dispose of all items of personal property that do not sell at the auction. R E S O L U T I O N WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the Governing Body; and WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Governing Body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the Governing Body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Little Silver, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Public Portion Remarks of the citizens for the good of the Borough: None Motion to Adjourn: Mr. O’Scanlon Second: Mr. Gilmour Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:20 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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