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October 1, 2007 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL October 1, 2007 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:14 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 September 20, 2007." The salute to the flag was led by Mr. Bennett and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante Mr. Biehl read the following: RESOLUTION WHEREAS, the Mayor and Council of the Borough of Little Silver did heretofore advertise for public bids for the 2007 Roadway Improvement Program 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 Administrator/Clerk at 10:00 a.m. on September 18, 2007, opened and publicly read as follows: A. Montone Construction, Inc. Holmdel, NJ $299,837.50 Fernandes Construction, Inc. South River, NJ $299,946.00 DNL, Inc. Oceanport, NJ $330,320.00 Earle Asphalt Co., Inc. Farmingdale, NJ $344,013.13; and WHEREAS, the Borough Engineer has reviewed the bids and recommends to the Mayor and Council that the low bid submitted by A. Montone Construction, Inc. be accepted; and WHEREAS, adequate funding for said improvements has been provided in Bond Ordinance #643-07; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low bid submitted by A. Montone Construction, Inc. in the amount of $299,836.50 for the 2007 Roadway Improvement Program 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. O’Scanlon Council and Public Discussion: None PUBLIC HEARING AN ORDINANCE AMENDING ARTICLE III, “ADMINISTRATIVE PROCEDURE”, SECTION 3.4 “FEES”, SECTION 3.10 “VIOLATIONS AND PENALTIES” AND AMENDING ARTICLE V, “GENERAL PROVIDISIONS”, BY AMENDING SECTION 5.14 “OUTDOOR STORAGE OF MATERIALS”, OF CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, 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 September 14, 2007, 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 read a letter from the Planning Board (copy attached) recommending the Ordinance. Seeing no further discussion, 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 ARTICLE III, “ADMINISTRATIVE PROCEDURE”, SECTION 3.4 “FEES”, SECTION 3.10 “VIOLATIONS AND PENALTIES” AND AMENDING ARTICLE V, “GENERAL PROVIDISIONS”, BY AMENDING SECTION 5.14 “OUTDOOR STORAGE OF MATERIALS”, OF CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY” Motion: Mr. O’Scanlon Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING AN ORDINANCE AUTHORIZING THE BOROUGH OF LITTLE SILVER TO PLACE GREEN ACRES RESTRICTIONS ON CERTAIN PROPERTIES OWNED BY THE BOROUGH KNOWN AND DESIGNED AS BLOCK 17, LOT 43 AND BLOCK 79, LOT 11.01 ON THE LITTLE SILVER BOROUGH TAX MAP Mr. Biehl certified that same had been published in the Two River Times on September 14, 2007, 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. Bitman Second: Mr. VanWinkle Roll Call: Voice Vote - Ayes – Unanimous Mayor Castleman declared the hearing closed and requested a Motion to defer action on this Ordinance to November 19, 2007. Mr. Bennett stated that this action is being deferred to allow the Borough Engineer to obtain from Green Acres specifically, whether or not the Borough would need to do an exemption of any other buildings on either of the properties, as to what has been previously considered. Motion: Mr. O’Scanlon Second: Mr. Gilmour PUBLIC HEARING AN ORDINANCE AMENDING AND SUPLEMENTING SECTION 5-18, ENTITLED “RECYCLING”, OF CHAPTER 5, “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 September 14, 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. 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 SUPLEMENTING SECTION 5-18, ENTITLED “RECYCLING”, OF CHAPTER 5, “POLICE REGULATIONS”, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY” Motion: Mr. O’Scanlon Second: Mr. Bitman Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and/or Special Meetings of: August 6, 2007 Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: Mr. Bennett noted that the Minutes of the August 6, 2007 meeting did not include the fact that it was his birthday. Mayor Castleman noted that her birthday was August 3, 2007, also not recognized at the Meeting. After brief discussion, it was determined this would not be allowed to happen again. Roll Call: Voice Vote – Ayes – Unanimous Consideration of Executive Session Minutes: None Communications: None Student remarks and brief remarks on the Agenda from other members of the Public: 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 $ 131,766.22 Operating – Prior Year 1,575.00 School Taxes 1,273,790.89 Contra 423.42 Capital 22,362.81 Grant 0.00 Various Trusts & Reserves 35,662.77 Escrow Projects 3,032.50 Payroll of 9/21/07 136,134.50 Void Checks: $ 0.00 Manual Checks: $ 0.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $1,604,748.11 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: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, 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 absent, 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, 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 reminded that the Public Works Department is now picking up only leaves, no limbs and branches until January 1. He said he didn’t think the public was fully aware of this. Mr. Gilmour questioned this, noting the leaves have not yet fallen from the trees. Mr. DeNoia and Mayor Castleman replied that it is a timing issue, and Mr. DeNoia noted that it may be practical to review and reconsider the timing of this policy, but that, as of right now, limb and branch pickup has been suspended. He said strict compliance with the schedule is important due to the Stormwater Management regulations. 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 a grant application has been submitted to the NJ Historic Trust for the Parker Homestead master plan, which will implement getting the building on the NJ Historic Registry. Other Reports: Mr. Bennett reported that a letter that was addressed to the Mayor and Council, from Little Silver Cleaners, located on Branch Avenue. He said the Little Silver Cleaners had applied to the County Planning Board for access, ingress and egress, on Branch Avenue. The County Planning Board turned down the request, saying the wanted both off of Birch Avenue. Little Silver Cleaners appealed the ruling, and wrote to the Mayor and Council. Mr. Bennett said he and Mr. Biehl agreed that it should be further referred to the Planning Board to let their opinion be known. Mr. Biehl noted that Mr. Leckstein, Planning Board Attorney, had received the letter. Old Business: None New Business: 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 (RR Lot Parking Fees) 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 November 19, 2007. Motion: Mr. Bitman Second: Mr. VanWinkle Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consent Agenda: Mayor Castleman announced that the following Resolution would be approved by Consent Agenda. Motion: Mr. O’Scanlon 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 BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that a resolution designating salaries for certain titles and positions of the officers and employees of the Borough of Little Silver adopted on July 2, 2007 be and is hereby amended as follows: DELETE: (EFFECTIVE September 16, 2007) Jason Buono Relief Dispatcher Trainee $6.15/hr ADD: (EFFECTIVE September 17, 2007) Jason Buono Relief Dispatcher $15.70/hr 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. Mayor Castleman noted that she neglected to mention in her report that Kimberly Montella has resigned from the Planning Board. She was an Alternate #1, and Bob Neff is currently Alternate #2. There will now be an opening on the Planning Board, and that person will be appointed at the Regular Meeting of November 19, 2007. Public Portion Remarks of the citizens for the good of the Borough: Rosemary Brewer stated that on October 10 the Monmouth County Library Council is having a forum at Brookdale Community College regarding communities working together. She further noted that on November 3 at Gibbs Hall, from 10:00 to 3:00, there is a forum on sites at Fort Monmouth for remediation. Mrs. Brewer went on to say that she would urge the Council to consider changing the leaf pickup until later, until after the first frost, to give residents a chance to do more yard clean up. She then noted that she would urge the Council to reconsider the matter of the Kalian property and delaying the final decision. Chris Foard, 65 Edgewood Avenue, said that he feels strongly about the matter of the Kalian property, and hoped the Council would consider a delay in the final decision, in an effort to get it right. Motion to Adjourn: Mr. O’Scanlon Second: Mr. DeNoia Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:47 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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