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February 20, 2007 Edit here ...use submit or exit button in blue toolbar above MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL February 20, 2007 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:05 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. Galante and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW Mr. Biehl certified that same had been published in the Two River Times on February 9, 2007 , posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Gilmour Second: Mr. Bitman Roll Call: Voice Vote - Ayes - Unanimous Mayor Castleman declared the hearing open and called for comments. Mr. Bennett noted that the Council is in receipt of a letter from the attorney for the Planning Board that approved the rewriting of the Municipal Land Use Ordinance with two exceptions: With respect to Section 1.84 of the Ordinance, that will permit six foot fences, the Planning Board recommended against that adoption; and, in respect to Section 5.18A and 5.18B, the increasing of the vehicles from ten thousand pounds to twelve thousand pounds, the Planning Board recommended against the adoption. Joan Cikrowski, Bob Oswandel, Seeing no further comment, Mayor Castleman asked 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 AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW 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 Mr. Bennett read the following: Resolution Setting Forth Reasons In Support of the Adoption of Ordinance Number 636-07 Amending Chapter 16A of the Revised General Ordinances of the Borough of Little Silver Entitled Land Use and Development Ordinance Pursuant to N.J.S.A. 40:55D-62 WHEREAS, Ordinance Number 636-07 was duly introduced by the Borough Council of the Borough of Little Silver on January 29, 2007; and WHEREAS, the Public Hearing on same was conducted on February 20, 2007 by the Little Silver Borough Council; and WHEREAS, the Little Silver Planning Board reviewed said Ordinance on February 6, 2007 to determine if same is consistent with the Borough’s Master Plan; and WHEREAS, the Little Silver Planning Board determined that two specific provisions of said Ordinance are inconsistent with said Master Plan; NOW, THEREFORE BE AND IT IS HEREBY RESOLVED that the Borough Council of the Borough of Little Silver pursuant to N.J.S.A. 40:55D-62 and after a Public Hearing and discussion pertaining to Ordinance Number 636-07 hereby adopts said Ordinance for the reasons set forth as follows: a. With respect to Section 8.14 of the Ordinance dealing with fences, the Council finds that the provision in the Ordinance will provide residents greater flexibility in landscape design and further finds that the increased height will provide greater safety and additional options for privacy and enhance the individual residential environment; b. With respect to Section 5.18a and Section 5.18b the Council finds, having considered the review of the Borough Engineer that certain vehicles are prohibited from parking overnight within the Borough which are currently used for day-to-day employment by many residents, that overall vehicles have increased in their size and that increasing the maximum gross vehicle weight permitted from 10,000 lbs. to 12,000 lbs. would be appropriate so as to include many of the vehicles utilized by the residents of the Borough of Little Silver; Based upon the reasons set forth above the Mayor and Council of the Borough of Little Silver find that the aforesaid inconsistencies with the Master Plan are appropriate and are in the best interests of the residents of the Borough of Little Silver. Motion: Mr. Bitman Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon Negative: Mr. VanWinkle Abstentions: None Mayor Castleman requested a Motion to suspend the Regular Order of Business for presentation of a Resolution: Motion: Mr. Bitman Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous Mayor Castleman presented the following Resolution: R E S O L U T I O N WHEREAS, Douglas Glassmacher recently resigned from the Little Silver Recreation Committee after being involved with the Little Silver Recreation Program since 1990; and WHEREAS, Douglas Glassmacher, began his affiliation with the Little Silver Recreation Program as a coach of baseball, basketball and soccer; and WHEREAS Douglas Glassmacher, also coached a Traveling Soccer Team through the Peninsula Soccer League which was comprised of Little Silver children; and WHEREAS, Douglas Glassmacher, was appointed to the Recreation Committee in 1997, serving as Liaison to the Little Silver Schools; and WHEREAS, Douglas Glassmacher, was always a “hands on” type volunteer, serving as the Grounds and Facilities Coordinator, building shelves and storage units, grooming the fields, assisting with the budgets; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the best wishes and heartfelt thanks of the Governing Body and all the residents of the Borough of Little Silver be extended to Douglas Glassmacher for his service to the Borough. Motion to return to Regular Order of Business: Mr. Gilmour Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous Consideration of Minutes for Regular Meetings of January 4, 2007 : Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: Mr. Bitman requested that in the future Council Members absent at the meeting for which minutes are being approved be noted on the Agenda. Roll Call: Voice Vote – Ayes – Unanimous Consideration of Minutes for Regular Meeting of January 27, 2007: Motion: Mr. VanWinkle Second: Mr. Bitman Council and Public Discussion: None Roll Call: Voice Vote – Ayes -- Unanimous Communications: None Student remarks and brief remarks from other members of the Public: None Resolution - Payment of Bills and Claims, February 20, 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 $ 97,308.00 Operating – Prior Year 18,090.75 School Taxes 1,229,400.85 Capital 118,986.98 Grant 285.00 Various Trusts & Reserves 13,348.90 Escrow Projects 862.50 Payroll of 2/9/07 $ 127,548.70 Void Checks: $ 0.00 Manual Checks: ACH DEBIT Treasurer, State of (Railroad Parking Sales Tax Payable) $ 16.80 Wire Transfers: $ 0.00 Total $1,605,848.48 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 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 reported that Shared Services are progressing well, with an RFP out for a consultant to assist with the feasibility study. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour reported that the Traffic Committee is continuing to meet regarding the parking problem on the south side of Little Silver Point Road by the 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, Mr. DeNoia reported a plan was created by the Borough Engineer to meet the requirements of the Stormwater Management Act and was presented to the Monmouth County Planning Board per the statute. He further stated that the plan had been reviewed by the subcommittee was reviewed and some slight modifications suggestions, and the revised plan was presented today to the Monmouth County Planning Board, and was recommended for acceptance. He further stated the Borough Stormwater Management Plan was met favorably and accepted by the Monmouth County Planning Board. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: Mr. Oswandel inquired about the progress on the Parker Homestead. Mayor Castleman replied that the architectural firm recently visited the site for purposes of study to qualify the site for inclusion on the National Registry. She further noted that this is being funded by a private foundation established for this purpose. She explained that this would then allow the Borough to apply for State grants for further development of the Homestead, and briefly explained the future implementation of the site as being used along the lines of Longstreet Farms in Holmdel, as a duplicate of a model of a working farm, with the features such as existing barns, hot houses, apple sorting, small animals, etc. She noted, in answer to Mr. Oswandel’s question, that parking would be in the back of the property. Mayor Castleman further noted that Joan Chichowski and Bette Jean Meyer were present at this Meeting and would soon be appointed to the Parker Homestead Committee. Mayor's Report: Mayor Castleman reported that she had worked with residents and Jersey Central Power and Light to restore power in the areas affected by the recent ice storm. She also reminded all residents to cut fallen limbs smaller than five feet in order to be picked up by the DPW and to place them close to the street, not on lawns. She said collection of storm debris is well underway and will continue throughout the month. Other Reports: Mr. Biehl gave the Financial Summary for the Month of January , 2007: Cash on Hand Beginning of the Month $ 10,430,092.00 Total Monthly Receipts 1,600.916.00 Total Monthly Disbursements 3,701,839.00 Cash on Hand End of Month $ 8,329,169.00 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 5.17 %. Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING CHAPTER II, “ADMINISTRATIVE” ADDING SECTION 2-26 “ZONING INSPECTOR” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, 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 March 19, 2007. Motion: Mr. O’Scanlon Second: Mr. DeNoia Council and Public Discussion: None Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Note: Prior to approval of the Consent Agenda, Mr. Oswandel questioned when residents can comment on Resolutions being presented. Mr. Bennett replied that residents have this opportunity during the Regular Meeting Agenda Item No. 8, Brief Remarks, also during Public Hearings on the Ordinances and during Public Session. He further questioned the purchase of the Santelle property, which Mayor Castleman reviewed the reasons for the Borough purchase of the property and the proposed uses. Mr. Oswandel further questioned how residents are informed of these actions. Mr. Bennett reviewed the hearing process and Mayor Castleman added that these issues are noted in the newspapers as well as the Borough Newsletter. Mr. Oswandel further noted the importance of reading the newspapers to be informed of the actions of the Governing Body. Joan Cichalski questioned where the funds are acquired for Borough acquisitions of property. Mr. Bennett explained the funding process. Mr. Galante further explained the history of specific acquisitions, including the bond process and use of tax funds and State grants. Mr. Bitman also explained strategic acquisitions are made in regard to the Open Space Plan and providing parks for the community. Discussion followed regarding decisions of property purchases and funding in regard to recreation and playing fields within the Borough. Gretchen O’Kane, Joan Cicholski stated why there were expenditures regarding the chimney extension on the Women’s Motion: Mr. O’Scanlon Second: Mr. DeNoia 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 Mayor and Council of the Borough of Little Silver adopted a Resolution on September 5, 2006 appointing The Murray Law Firm, LLC, Shrewsbury, New Jersey 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 WHEREAS, the billing rate which was awarded in the contract was the Borough rate of $155.00 per hour and a limit of $15,000.00 was imposed; and WHEREAS, the Professional Services rendered by The Murray Law Firm, LLC are approaching the $15,000.00 cap; NOW, THEREFORE, BE IT RESOLVED that the $15,000.00 cap be lifted and an additional $15,000.00 be and is hereby added to the original $15,000.00 limit for The Murray Law Firm, LLC for the Professional Services related to the litigation for the defense of a lawsuit pertaining to certain labor matters. R E S O L U T I O N WHEREAS, the Monmouth County Mosquito Extermination Commission anticipates the resumption of its Aerial Spray Program on or about March 15, 2007 and continuing through November 30, 2007; and WHEREAS, the Federal Aviation Regulations require the Commission to obtain approval of the Governing Body over which the operation is conducted; and WHEREAS, the Commission will notify the local Police Department prior to every application; and WHEREAS, the Governing Body understands that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA; and WHEREAS, it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that approval is hereby given to the Monmouth County Mosquito Extermination Commission to conduct such a spray program in the Borough of Little Silver. R E S O L U T I O N
WHEREAS, the Mayor and Council of the Borough of Little Silver authorized the Borough Engineer to obtain quotes for demolition of the Santelle Dwelling located at Block 79, Lot 11.01 (201 Riverview Avenue) in the Borough of Little Silver; and WHEREAS, specifications for the same were prepared by the Borough Engineer; and WHEREAS, the following quotes were received by the Borough Engineer: Lertch Wrecking De Lisa Wrecking, Inc., WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and recommends to the Mayor and Council that the low bid submitted by De Lisa Wrecking, Inc.. be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the bid submitted by De Lisa Wrecking, Inc. in the annual amount of $11,580.00 for the demolition of the Santelle Dwelling located at Block 79, R E S O L U T I O N WHEREAS, Richard T. and Nancy G. Mina did previously post The Bank of New York Letter of Credit #S00050168 in the amount of $43,225.00 as a Performance Bond to cover any damage caused to the Borough roadway during the hauling of fill material for improvements to 17 Paag Lane, Block 66, Lot 5 in the Borough of Little Silver; and WHEREAS, by letter dated February 9, 2007 the Borough Engineer recommended release of the Performance Bond subject to the payment of all outstanding bills; and WHEREAS, all fees have been paid and there was no damage to the Borough street; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the aforementioned Performance Bond for coverage of any damage caused to the Borough roadway during the hauling of fill material for improvements to 17 Paag Lane in the Borough of Little Silver be and is hereby released. R E S O L U T I O N WHEREAS, Douglas Glassmacher recently resigned from the Little Silver Recreation Committee after being involved with the Little Silver Recreation Program since 1990; and WHEREAS, Douglas Glassmacher, began his affiliation with the Little Silver Recreation Program as a coach of baseball, basketball and soccer; and WHEREAS Douglas Glassmacher, also coached a Traveling Soccer Team through the Peninsula Soccer League which was comprised of Little Silver children; and WHEREAS, Douglas Glassmacher, was appointed to the Recreation Committee in 1997, serving as Liaison to the Little Silver Schools; and WHEREAS, Douglas Glassmacher, was always a “hands on” type volunteer, serving as the Grounds and Facilities Coordinator, building shelves and storage units, grooming the fields, assisting with the budgets; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the best wishes and heartfelt thanks of the Governing Body and all the residents of the Borough of Little Silver be extended to Douglas Glassmacher for his service to the Borough. R E S O L U T I O N
WHEREAS, school taxes are approximately 55% to 65% of the property tax bill; and WHEREAS, the suburban areas of WHEREAS, more than one-half of the funding that the State of New Jersey provides goes to the 31 Abbott school districts of the 615 school districts in New Jersey; and WHEREAS, funds under the Comprehensive Educational Improvement and Financing Act of 1996 have been frozen since 2001, resulting in significant tax increases; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver hereby calls upon the Governor to review and revise these two areas of school funding to provide substantial and lasting property tax relief; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Governor Corzine, State Senator Ellen Karcher, Assemblyman Michael Panter, Assemblywoman Jennifer Beck and the Two Rivers Council of Mayors. 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 wish to amend said contract to include additional traffic directors, concrete driveway aprons, improvements in front of 118 Lippincott Road, repair curbing on Standish Road and Salem Lane, repair storm pipe at Markham Field, repair pipe, inlet and pavement on 24 Laurelwood Drive, video storm drain on Laurelwood Drive and drainage improvements at Challenger Field in accordance with the attached Changer Order #1; 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 $391,286.05 from $356,530.05, an increase of $34,756.00, for the 2006 Road Improvement Program in accordance with Change Order #1. R E S O L U T I O N WHEREAS, the Little Silver Woman’s Club building in the Borough of Little Silver is in need of installation of a chimney extension as part of the new roofing system; and WHEREAS, the Borough Engineer has solicited the following quotes: G.T. Kennedy Contracting Red Bank, NJ $11,500.00 Twin Light Masonry, LLC Rumson, NJ 8,250.00;and WHEREAS, adequate funding for this purchase is contained in ordinance 618-06; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the low quote submitted by Twin Light Masonry, LLC; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Twin Light Masonry, LLC in the amount of $8,250.00 for the installation of a chimney extension on the Little Silver Woman’s Club building in the Borough of Little Silver be and is hereby accepted. RESOLUTION
WHEREAS, New Jersey Natural Gas Company has applied to the Board of Public Utilities for a price adjustment for all applicable service customers; and WHEREAS, the proposed increases include an approximately 4.55 percent residential increase and a 4.66 percent commercial increase, effective April 1, 2007; and WHEREAS, said rate increase, if approved, could cause the gas bills of the Borough to increase by approximately $2,097.00 from $45,000.00 to $47,097; and WHEREAS, Little Silver residents as taxpayers and rate payers are already over burdened with new taxes and high utility costs; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver opposes the proposed rate increase due to its inflationary nature and the additional financial strain it will place on Little Silver residents; and BE IT FURTHER RESOLVED that certified copies of this resolution be sent to N.J. Board of Public Utilities, State Senator Ellen Karcher, Assemblyman Mike Panter, Assemblywoman Jennifer Beck and the Two River Council of Mayors. Public Portion Remarks of the citizens for the good of the Borough: Mr. Gilmour commended the DPW, Police, Fire and EMS dispatchers. He further noted that he questioned the plans for shared services and how it would effect the performance of these services within the community. Mayor Castleman called for a Motion for 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 litigation matters 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: litigation with possible action to be taken. Motion: Mr. O’Scanlon Second: Mr. VanWinkle Vote: Voice Vote – Ayes – Unanimous The Regular Meeting adjourned to Executive Session at 9:16 p.m. Motion to resume Regular Order of Business: Motion: Mr. O’Scanlon Second: Mr. VanWinkle Vote: Voice Vote – Ayes – Unanimous The Regular Meeting was resumed at 9:20 p.m. Motion to Adjourn: Mr. O’Scanlon Second: Mr. VanWinkle Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 9:21 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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