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April 2, 2007 Edit here ...use submit or exit button in blue toolbar above MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL April 2, 2007 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:37 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 4, 2007." The salute to the flag was led by Mr. VanWinkle and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. VanWinkle, and Mr. Biehl, Administrator/Clerk Absent: Attorney Bennett*, Mr. O’Scanlon** *arrived at 7:38 p.m. **arrived at 8:05 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 a Proposal for the Services of a Labor Counsel and Litigation Counsel for the defense of a lawsuit pertaining to certain personnel matters; and WHEREAS, proposals were received by the Borough Administrator/Clerk, opened and publicly read at 10:00 a.m. on March 26, 2007, from the following: The Murray Law Firm, LLC Shrewsbury, NJ Eric M. Bernstein & Associates, LLC Warren, NJ ; and WHEREAS, adequate funding for the services will be provided in the 2007 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; and WHEREAS, the Borough Attorney, based on the specific experiences of The Murray Law Firm, recommends the awarding of the contract to The Murray Law Firm, LLC, Shrewsbury, New Jersey; NOW, THEREFORE, BE IT 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, at the rate of One Hundred Fifty-five Dollars ($155.00) per hour. BE IT FURTHER RESOLVED that any outstanding vouchers submitted prior to the date of this Resolution are hereby approved outside of the new expenditure cap set forth herein. BE IT FURTHER RESOLVED that the amount to be expended in this matter is capped at $15,000.00 for bills covering time expended subsequent to April 1, 2007, and any excess of that amount would have to be approved by the Mayor and Council prior to expenses being incurred. BE IT FURTHER 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. Bitman Second: Mr. VanWinkle Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, 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 rental of the Little Silver Railroad Station News Stand in the Borough of Little Silver; and WHEREAS, specifications for the same were prepared by the Borough Attorney; and WHEREAS, the following bids were received by the Administrator/Clerk at 10:00 a.m. on March 16, 2007, opened and publicly read as follows: Kathleen Haberstroh Morning Brew Oakhurst, NJ $12,612.00 Annually Susan Sorensen Insomnia Coffeehouse Fair Haven, NJ $20,700.00 Annually; and WHEREAS, the Borough Attorney has reviewed the bids and recommends to the Mayor and Council that the high bid submitted by Susan Sorensen, Insomnia Coffeehouse be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the high bid submitted by Susan Sorensen, Insomnia Coffeehouse in the annual amount of $20,700.00 for the rental of the Little Silver Railroad Station News Stand in the Borough of Little Silver be and is hereby accepted. BE IT FURTHER RESOLVED that the appropriate Borough officials be and hereby are authorized to execute a lease agreement, in a form acceptable to the Borough Attorney, between the Borough of Little Silver and Insomnia Coffeehouse, for the rental of the Little Silver Railroad Station News Stand in the Borough of Little Silver, for a period of three (3) years, for the lease amount of $20,700.00 per year, with an annual adjustment after the first year in accordance with increases in the Consumer Price Index or by an increase of three percent (3%), whichever is greater, and in accordance with the bid proposal submitted by Insomnia Coffeehouse, on file with the Borough. BE IT FURTHER RESOLVED that the bid bond submitted by Kathleen Haberstroh, Morning Brew be returned. BE IT FURTHER RESOLVED that a certified copy of this Resolution be provided to the following: 1) Insomnia Coffeehouse (Attn: Susan Sorensen) 2) Borough Attorney Motion: Mr. Bitman Second: Mr. DeNoia Council and Public Discussion: Mr. Bitman noted that this lease agreement was higher than anticipated and included an adjustment fee. Mr. Biehl noted it was the third time the bid had gone out. Mayor Castleman asked him to stress to the new operators that it would be important to take occupancy as soon as possible. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, 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 2007 Improvements to Markham Place-Phase II in the Borough of Little Silver; and WHEREAS, specifications for the same were prepared by the Borough Engineer; and WHEREAS, the following bids were received by the Deputy Borough Clerk at 10:00 a.m. on March 29, 2007 opened and publicly read as follows: Fernandes Construction, Inc. South River, NJ $142,146.00 Lucas Brothers Inc. Morganville, NJ $153,293.16 Earle Asphalt Co Farmingdale, NJ $158,613.13 A. Montone Construction, Inc. Holmdel, NJ $172,808.50 Arnold’s Roads, Inc. East Brunswick, NJ $202,150.00 L&L Paving Co., Inc. Tinton Falls, NJ $204,530.00 Lucas Construction Group, Inc. Old Bridge, NJ $217,560.00; and WHEREAS, adequate funding for said improvements has been provided in Bond Ordinance #618-06 with up to $150,000.00 being provided by the New Jersey Department of Transportation; and WHEREAS, the Borough Engineer has reviewed the bids and recommends to the Mayor and Council that the low bid submitted by Fernandes Construction, Inc. be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low bid submitted by Fernandes Construction, Inc. in the amount of $142,146.00 for the 2007 Improvements to Markham Place-Phase II in the Borough of Little Silver be and is hereby accepted; and BE IT FURTHER RESOLVED that the Borough Administrator/Clerk be and is hereby authorized to return the bid bonds to the unsuccessful bidders. Motion: Mr. DeNoia Second: Mr. Galante Council and Public Discussion: Mr. Biehl noted that Fernandes Construction has done most of the Borough’s road work for the past four years, and the Borough is happy to have them return. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER VI, ENTITLED “LICENSING-GENERAL”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)”, CONCERNING THE REGULATION OF CHARITABLE AND NONPROFIT CANVASING AND SOLICATIONS Mr. Biehl certified that same had been published in the Two River Times on March 16, 2007, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Bitman Second: Mr. DeNoia Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Mr. Biehl explained that this exempts nonprofit and charitable organizations from going through the finger printing and background check process, but are still required to go through the Police Station to apply for a Solicitor’s License. Seeing no further comment, 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 AND SUPPLEMENTING CHAPTER VI, ENTITLED “LICENSING-GENERAL”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)”, CONCERNING THE REGULATION OF CHARITABLE AND NONPROFIT CANVASING AND SOLICATIONS Motion: Mr. Galante Second: Mr. Bitman Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. VanWinkle Negative: None Abstentions: None Communications: None Student remarks and brief remarks from other members of the Public: None Resolution - Payment of Bills and Claims, April 2, 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 $ 43,193.92 Operating – Prior Year 0.00 School Taxes 1,229,310.85 Capital 40,328.08 Grant 0.00 Various Trusts & Reserves 2,267.00 Escrow Projects 0.00 Payroll of 3/23/07: $ 135,736.84 Void Checks: $ 0.00 Manual Checks: Petty Cash-LSPD Ck #10069 - Reimbursement $ 190.74 Wire Transfers: Annual Pension Payment $ 276,819.20 Total $1,727,846.63 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. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, 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, absent, 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 reported that the Easter Egg Hunt was well attended and fun. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the DPW is trying to move vehicles around to be able to open a second gate at the Recycling Center for safety purposes and to expedite traffic through the Center. He added that the DPW should be commended for their efficient clean up efforts after the storm, and he noted that the Borough DPW did all the work, with no expense for outside vendors. He further noted that he and Mayor Castleman would be at the Planning Board Meeting on Thursday night, with one of the items on the Agenda being a presentation by Kalian for the townhouse project across from the Railroad Station that has been discussed in the past. 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 reported that the Borough has received a $50,000 grant from a private source for the Parker Homestead and that an architectural firm has been working on the project. She noted that when they are done the Homestead would be listed on the National Registry, which will offer the opportunity for additional grant monies. Mayor Castleman also noted that a letter had been distributed to Council Members (letter attached), from Kristen Spencer of the American Cancer Society, regarding the Annual Relay for Life to be held at Red Bank Regional High School on June 8 and 9. Adequate notice will be given to all neighbors. Other Reports: None Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING CHAPTER XIII, “FIRE PREVENTION” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY 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 May 7, 2007. Motion: Mr. DeNoia Second: Mr. Gilmour Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING CHAPTER X, “TRAFFIC” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY 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 May 7, 2007. Motion: Mr. DeNoia Second: Mr. Gilmour Council and Public Discussion: Father Mark VanSant, 295 Little Silver Point Road, expressed gratitude to everyone for the work following the ice storm. He also thanked everyone in advance for the efforts to provide affordable housing, to be discussed at the Planning Board Meeting on Thursday, which he is unable to attend. He then spoke on behalf of St. John’s Episcopal Church, 325 Little Silver Point Road, regarding the traffic situation at St. John’s, prior to and upon dismissal from school. He said he was in receipt of the parking proposal and is in agreement with the safety concerns in the area of the Point Road School. He noted concerns if the parking plan is put into full time, that it will impose on the worship and activities at St. John’s Church. He said the church opposes the extension of the parking plan to times other than when school is being dismissed, otherwise it will create a hardship on the congregation of St. John’s. He added that he feels the plan is unfair and hopes that consideration to the church will be given when initiating a parking plan. Mr. Bitman asked if there is a specific time, such as 7:00 a.m. to 4:00 p.m. Monday through Friday that the parking plan would not impose on the church activities to which Father Mark agreed. Mr. Gilmour noted that parking on both sides is still a concern, when school and church are in session, because the parking makes a very narrow passageway, especially for emergency vehicles. Mayor Castleman suggested that the Ordinance be tabled and further discussed at the Traffic Safety Committee Meeting tomorrow night. Motion to Table: Mr. DeNoia Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. Galante Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on October 16, 2006 to Fernandes Construction, Inc, South River, NJ to perform the 2006 Road Improvement Program within the Borough of Little Silver in an amount not to exceed $356,530.05 based on the Borough Engineer's estimated quantities and materials; and WHEREAS, the Mayor and Council of the Borough of Little Silver amended said agreement on February 20, 2007; and WHEREAS, the Mayor and Council of the Borough of Little Silver whish to further amend said agreement to include additional work at the Borough Hall Annex in accordance with the attached change order #2; 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 this purchase is contained in Bond Ordinance #618-06; 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 $391,420.05 from $391,286.05, an increase of $134.00, for the 2006 Road Improvement Program in accordance with Change Order #2. R E S O L U T I O N WHEREAS, the Borough of Little Silver and Alderbrook Condominium Association have reached an agreement on the services which the Borough will provide and those for which Alderbrook will be compensated in lieu of providing the services; and WHEREAS, the Borough provides and will continue to provide garbage, leaf and branch collection and will compensate Alderbrook Condominium Association for street lighting and snow plowing in lieu of providing the services; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Mayor and Borough Clerk be and are hereby authorized to enter into agreement with Alderbrook Condominium Association for compensation in the amount of $5,332.97 in lieu of providing snow plowing and street lighting for the calendar year 2006. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES ENABLING RESOLUTION WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program ("State"), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Mayor and Council of the Borough of Little Silver desires to further the public interest by obtaining a grant of $394,250.00 from the State to fund the following project(s): Acquisition of open space for the development of a Memorial Park on the property known as the Santangelo Property being Block 48, Lots 22, 22.01, 22.02, 22.03 (two acres located in the center of the Borough of Little Silver). NOW, THEREFORE, the Governing Body of the Borough of Little Silver resolves that Michael D. Biehl, Administrator/Clerk is hereby authorized to: (a) make application for such a loan and/or such a grant (b) provide additional application information and furnish such documents as may be required WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent &the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver: 1. That the Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as Open Space Acquisition; and 2. That the applicant has its matching share of the project, if a match is required, in the amount of $394,250.00; and 3. That, in the event the State's funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and 4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; 5. That this resolution shall take effect immediately. CERTIFICATION I, Michael D. Biehl, Administrator/Clerk of the Borough of Little Silver do hereby certify that the foregoing is a true copy of a resolution adopted by the Mayor and Council of the Borough of Little Silver at a meeting held on the 2nd day of April, 2007. IN WITNESS WHEREOF, I have hereunder set my hand and the official seal of this body this 2nd day of April, 2007. __________________________ Michael D. Biehl Administrator/Clerk P R O C L A M A T I O N Municipal Clerks Week April 29 through May 5, 2007 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exits throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; Now, Therefore, I, Suzanne S. Castleman, Mayor of the Borough of Little Silver do recognize the week of April 29 through May 5, 2007, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Michael D. Biehl and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. April 2, 2007 _________________________ Suzanne S. Castleman, Mayor Borough of Little Silver Public Portion Remarks of the citizens for the good of the Borough: Mr. Bennett pointed out that any Borough property owned is on the Green Acres Open Space Inventory is subject to Green Acres grant money restrictions. Motion to Adjourn: Mr. Gilmour Second: Mr. O’Scanlon Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:21 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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