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June 4, 2007 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL June 4, 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 May 23, 2007." The salute to the flag was led by Mr. Bitman 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 CHAPTER II “ADMINISTRATIVE” SECTION 2-24 “LENGTH OF SERVICE AWARD PROGRAM (LOSAP) FOR VOLUNTEER FIRE AND EMERGENCY MEDICAL SERVICE MEMBERS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY Mr. Biehl certified that same had been published in the Two River Times on May 18, 2007, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. O’Scanlon Second: Mr. VanWinkle 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. DeNoia 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 CHAPTER II “ADMINISTRATIVE” SECTION 2-24 “LENGTH OF SERVICE AWARD PROGRAM (LOSAP) FOR VOLUNTEER FIRE AND EMERGENCY MEDICAL SERVICE MEMBERS” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, COUNTY OF MONMOUTH, STATE OF NEW JERSEY 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 Consideration of Minutes for Regular Meetings and/or Special Meetings: None Communications: None Student remarks and brief remarks from other members of the Public: None Mr. VanWinkle read the following: EMERGENCY APPROPRIATION EXTENDING THE TEMPORARY BUDGET FOR 2007 FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2007 WHEREAS, in the normal operation of the Borough of Little Silver, it will be necessary for making contracts commitments an payments prior to the adoption of the regular budget for the Borough of Little Silver for the year 2007; and WHEREAS, the 2007 Extended Temporary Budget expires on June 30, 2007; and WHEREAS, adoption of the 2007 Municipal Budget is anticipated on a date to be set during the third quarter of 2007; and WHEREAS, in order to meet the obligations of the Borough for the period of July 1, 2007 to September 30, 2007, it becomes necessary to extend the Temporary Budget for 2007 to include additional appropriations; and WHEREAS, the total amount of the appropriations made hereunder do not exceed twenty-six and twenty-five hundredths percent (26.25%) of the budget for the year 2006, exclusive of the amount appropriated for capital improvements, interest and debt redemption charges; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that, pursuant to N.J.S.A. 40A:4-20, the following Temporary Budget be and is hereby amended to include the following additional appropriations for the period July 1, 2007 through September 30,2007; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of the Department of Community Affairs and the Borough Chief Financial Officer. Motion: Mr. VanWinkle Second: Mr. O’Scanlon 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 Resolution - Payment of Bills and Claims 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 $ 38,409.95 Operating – Prior Year 0.00 School Taxes 1,370,457.89 Capital 600.00 Grant 0.00 Various Trusts & Reserves 2,706.95 Escrow Projects 1,680.00 Payroll of 6/1/07 $ 124,584.51 Void Checks: $ 0.00 Manual Checks: #10327 N.J. Natural Gas Co. $ 2,610.66 RR#1629 N.J. Natural Gas Co. 10.87 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $1,541,060.83 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. 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 acknowledged Police Officers Mike Lahey and Pete Gibson for their awards from the 200 Club. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour, no report. PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman, no report. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the next regularly scheduled meeting of the Planning Board would be tomorrow night, with copies of the agenda available. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: None Mayor's Report: Mayor Castleman reported that she presented an Eagle Scout award to Michael Ostran. Other Reports: None Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION FOR THE YEAR 2007 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 July 2, 2007. Motion: Mr. O’Scanlon Second: Mr. DeNoia 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 ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER FOR THE YEAR 2007. 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 July 2, 2007. Motion: Mr. O’Scanlon Second: Mr. DeNoia 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 ORDINANCE INTRODUCTION Mayor Castleman introduced by title: A CAPITAL IMPROVEMENTS BOND ORDINANCE APPROPRIATING THE SUM OF $1,112,000.00 AND AUTHORIZING THE ISSUANCE OF $906,400.00 BONDS OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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 July 2, 2007. Motion: Mr. O’Scanlon Second: Mr. DeNoia Council and Public Discussion: Mr. Biehl stated that he had the Supplemental Debt Statement already in hand. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE APPROPRIATING $35,819.00 OF CAPITAL IMPROVEMENT FUND BALANCE FOR VARIOUS IMPROVEMENTS IN 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 July 2, 2007. Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: Mr. Biehl noted that the capital improvements in this Ordinance are those that are fully paid for in this year’s budget. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. 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 R E S O L U T I O N BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2007; General Appropriations for: Appropriations within "CAPS" Municipal Purposes $6,557,875.28 Appropriations excluded from "CAPS": Municipal Purposes $1,789,160.14 Reserve for Uncollected Taxes $1,173,316.83 Total General Appropriations $9,520,352.25 Less: Anticipated Revenues other than current property tax $3,782,243.67 Difference: Amount to be raised by Taxes for Support of Municipal Budget as follows: Local tax for Municipal Purposes including Reserve for Uncollected Taxes $5,738,108.58 BE IT ALSO RESOLVED, that said Budget be published in the Two River Times in the issue of June 22, 2007; and BE IT FURTHER RESOLVED, that the Governing Body of the Borough of Little Silver does hereby approve the following as the Budget for the year 2007. BE IT FINALLY RESOLVED that a Hearing on the Budget and Tax Resolution will be held at Little Silver Borough Hall on July 2, 2007 at 7:30 p.m. at which time and place objections to said Budget and Tax Resolution for the year 2007 may be presented by taxpayers or other interested persons. R E S O L U T I O N WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of Division of Local Government Services, of conducting the annual budget examination; and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5 the Borough of Little Silver has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Office has determined that the Borough of Little Silver meets the necessary conditions to participate in the program for the 2007 budget year; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the Governing Body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5. 4. That pursuant to the Local Budget Law: a. All estimates of revenue are reasonable, accurate and correctly stated b. Items of appropriation are properly set forth c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption. TEMPORARY CAPITAL BUDGET WHEREAS, it is desired to adopt a temporary capital budget, NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Little Silver, County of Monmouth, that the following Temporary Capital Budget be adopted: CAPITAL BUDGET 2007 PROJECT ESTIMATED PLANNED FUNDING SERVICES FOR PROJECT NUMBER TOTAL COST CURRENT YEAR 2007 _____ Grants in Capital Aid and Debt Improvement Fund Other Funds Authorized Various Capital Improvements 1 $1,112,000.00 $55,600.00 $150,000.00 $906,400.00 TOTALS ALL PROJECTS $1,112,000.00 $55,600.00 $150,000.00 $906,400.00 3 YEAR CAPITAL PROGRAM 2007 – 2009 Anticipated PROJECT schedule and Funding Requirement Funding Amounts Per Year Estimated Budget Project Estimated Completion Year PROJECT Number Total Cost Time 2007 Various Capital Improvements 1 $1,112,000.00 2007 $1,112,000.00 TOTALS ALL PROJECTS $1,112,000.00 $1,112,000.00 3 YEAR CAPITAL PROGRAM 2007-2009 SUMMARY OF ANTICIPATED FUNDING SOURCES AND AMOUNTS BONDS AND NOTES Capital Grants in Estimated Improvement Aid and PROJECT TOTAL COST Fund Other Funds General Various Capital Improvements $1,112,000.00 $55,600.00 $150,000.00 $906,400.00 TOTALS ALL PROJECTS $1,112,000.00 $55,600.00 $150,000.00 $906,400.00 BE IT FURTHER RESOLVED, that two certified copies of this Resolution be filed forthwith in the Office of the Director of Local Government Services. It is hereby certified that this is a true copy of a Resolution adopting a Temporary Capital Budget by the Governing Body on the 4th day of June, 2007. ____________________________________ Municipal Clerk I, MICHAEL D. BIEHL, Clerk of the Borough of Little Silver, do hereby certify that the foregoing is a Resolution adopted by the Borough Council of the Borough of Little Silver, County of Monmouth, State of New Jersey, at a Regular Meeting held on June 4, 2007. R E S O L U T I O N WHEREAS, Katrina Wilson has distinguished herself, her family and her community with her record of achievement while a student at Red Bank Regional High School; and WHEREAS, Katrina Wilson has the highest academic ranking among the Little Silver students at the High School; and WHEREAS, Katrina Wilson served on the Student Council, is a member of the National Honor Society, Latin Honor Society, Spanish Honor Society, Tri-M Music Honor Society, Art National Honor Society and recognized as a National Merit Commended Student; and WHEREAS, Katrina Wilson has participated in a variety of extra-curricular activities, the most meaningful as a Student-to-Student leader, member and captain this year of the cross country team, member of the school band and participates in a hand bell choir outside school; and WHEREAS, Katrina Wilson participated in the New Jersey Scholars program, an intensive study of the history, government, environment, literature and art of Africa, by submitting a written research report on medical and cultural aspects related to “The Eradication of Guinea Worm Disease”; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the congratulations of the Governing Body and the congratulations of the entire community be extended to Katrina Wilson in recognition of her outstanding accomplishments at Red Bank Regional High School; and BE IT FURTHER RESOLVED that the Mayor and Council and all of the residents of Little Silver wish Katrina Wilson every success in all of her future endeavors. R E S O L U T I O N WHEREAS, The Great Atlantic and Pacific Tea Co., Inc., 507 Prospect Avenue, Little Silver, N.J. has applied to the Mayor and Council of the Borough of Little Silver for renewal of their Limited Retail Distribution License; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that License #1323-43-001-001 for the Great Atlantic and Pacific Tea Co., Inc.; is hereby granted for the period of July 1, 2007 through June 30, 2008. R E S O L U T I O N WHEREAS, Little Silver Liquors, Inc., Prospect Avenue, Little Silver, N.J. has applied to the Mayor and Council of the Borough of Little Silver for renewal of their Plenary Retail Distribution License; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that License #1323-44-002-002 for Little Silver Liquors, Inc. is hereby granted for the period of July 1, 2007 through June 30, 2008. R E S O L U T I O N WHEREAS, the Borough of Little Silver did heretofore award a bid on April 2, 2007 to Fernandes Construction, Inc, South River, NJ to perform the 2007 Improvements to Markham Place-Phase II within the Borough of Little Silver in an amount not to exceed $142,146.00 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 6” thick concrete driveway aprons 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 $144,906.00 from $142,146.00, an increase of $2,760.00, for the 2007 Improvements to Markham Place-Phase II within the Borough of Little Silver in accordance with Change Order #1. 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, April 2, 2007, May 7, 2007 and May 21, 2007; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include power washing the sidewalk at Borough Hall, repair of sinkhole adjacent to Markham Field parking lot and installation of light shields at Little Silver Woman’s Club in accordance with the attached Change Order #5; 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 $418,560.05 from $414,700.05, an increase of $3,860.00, for the 2006 Road Improvement Program in accordance with Change Order #5. 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 8:13 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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