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September 13, 2007 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL September 13, 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 September 5, 2007." The salute to the flag was led by Mr. O’Scanlon and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Attorney Bace and Mr. Biehl, Administrator/Clerk Absent: Mr. VanWinkle Consideration of Minutes for Regular Meetings and/or Special Meetings: None Communications: None Student remarks and brief remarks from other members of the Public: Lisa Gilmore, Lippincott Road, stated that she was appreciative of the new parking and rerouting of traffic for St. John’s Church and Point Road School. She added that it was a big improvement. There was a brief discussion regarding the wording of this Agenda item. It was decided that it would be re-worded as “Student remarks and brief remarks from other members of the Public regarding Agenda Items”. Resolution - Payment of Bills and Claims Mr. Galante 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 $ 51,928.87 Operating – Prior Year 822.80 School Taxes 0.00 Capital 26,020.56 Grant 1,068.07 Various Trusts & Reserves 127.95 Escrow Projects 3,872.50 Payroll of 9/7/07 $124,729.22 Void Checks: $ 0.00 Manual Checks: $ 0.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $208,569.97 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. Galante Second: Mr. O’Scanlon Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon 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, other than the report given at the Workshop Meeting, no further report. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour, other than the report given at the Workshop Meeting, no report. PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman noted that tomorrow would be the second of five Gazebo Series Concerts, at 7:00 pm. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the Public Works Department is now conducting the second swing through town for picking up limbs. He said the new Stormwater Management Plan and Schedule is working well, that when branches and limbs are picked up, the street sweeper immediately follows it, and that the Borough is meeting the requirements. He also mentioned, for the benefit of the public, that this is the last collection of limbs and branches, and it will then be suspended to pick up leaves. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, absent, and Mr. Biehl reported that Ted Wardell would be in attendance at the next meeting to discuss insurance. Council and Public Discussion: None Mayor's Report: Mayor Castleman stated that her report had been given at the Workshop Meeting. She added that she felt leaf collection may be difficult, and hoped everyone would follow the schedule. Other Reports: Mr. Biehl gave the Financial Summary for the Month of August, 2007: Cash on Hand Beginning of the Month $ 9,325,158.00 Total Monthly Receipts 5,867,689.00 Total Monthly Disbursements 4,652,613.00 Cash on Hand End of Month $10,540,234.00 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 5.14 %. Old Business: None New Business: 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 October 15, 2007. Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon 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. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon Negative: None Abstentions: None R E S O L U T I O N RESOLUTION ENDORSING THE “GREEN ACRES, FARMLAND, BLUE ACRES, AND HISTORIC PRESERVATION BOND ACT OF 2007” WHEREAS, continued investment in open space, farmland and historic preservations vitally important to the state, as it enhances New Jersey’s economy, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its character; and WHEREAS, New Jersey continues to face incredible pressure from development, losing over 40 acres of open space daily to new development projects; and WHEREAS, protecting open spaces and improving community parks throughout the State, including urban areas, supports New Jersey state and local economies by stabilizing local property taxes and revitalizing communities; and WHEREAS, the Garden State Preservation Trust, the financing authority for the Green Acres, Farmland, and Historic Preservation programs, is virtually depleted despite the continued need for the programs it makes possible; and WHEREAS on November 6, 2007, the voters of New Jersey will be asked to approve the Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007, which authorized the state to issue $200 million in bonds to fund New Jersey’s preservation programs for one year and the Blue Acres program to purchase flood prone properties; and WHEREAS, passage of the Bond Act is desperately needed to fund the continued protection of New Jersey’s natural areas and cultural sites while a long–term funding solution for the Garden State Preservation Trust is determined and secured; and NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Little silver, in the county of Monmouth and State of New Jersey as follows: 1. The municipality encourages the voters of New Jersey to vote yeas on the Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007 on November 6, 2007. 2. The Municipal Clerk is hereby authorized to provide a copy of the Resolution to the following: Governor Jon Corzine, State Senator Ellen Karcher, Assemblyman Michael Panter and Assemblywoman Jennifer Beck R E S O L U T I O N WHEREAS, The Little Silver Garden Club was founded in 1957 by Stella Rothwell; and WHEREAS, The Little Silver Garden Club will celebrate its fiftieth anniversary on November 25, 2007; and WHEREAS, the Little Silver Garden Club has encouraged the love of gardening, the art of flower arranging and the promotion of civic improvements among the residents and the public at-large; and WHEREAS, the Little Silver Garden Club has actively beautified the Little Silver Borough Hall, Library and Railroad Station with the planting of flowers and decorating of Christmas wreaths and greens; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver hereby extend the thanks and congratulations of the official family and residents to the Little Silver Garden Club for fifty years of distinguished service to the Borough of Little Silver and best wishes for a future of help, guidance and inspiration for a greener Little Silver. Mr. Biehl read the following: RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF LITTLE SILVER AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A POLICE SHARED SERVICES FEASIBILITY STUDY CONSULTANT. WHEREAS, the Borough Council of the Borough of Little Silver, the Borough Council of the Borough of Fair Haven and the Borough Council of the Borough of Rumson had previously agreed to apply for a Sharing Available Resources Efficiently Grant (“SHARE Grant”) through the State of New Jersey SHARE Program for the purpose of promoting the sharing of public safety obligations which would be beneficial to the participating Boroughs; and WHEREAS, in furtherance thereof, the Borough of Little Silver, as the lead agency, previously advertised and received proposals for a Police Shared Services Feasibility Study Consultant; and WHEREAS, on or about March 19, 2007, the Borough awarded a contract for the provision of said consulting services to Patriot Consulting Group, of Monmouth Beach, New Jersey, for the contract amount of $25,500.00 for the preparation of the SHARE Grant application and Phase I of the study; and WHEREAS, the award of said contract was contingent upon the participating Boroughs’ receipt of the SHARE Grant from the State; and WHEREAS, Patriot Consulting Group, on behalf of the participating Boroughs, applied for and received the SHARE Grant, and was paid $500.00 for such service as provided for in its proposal. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, in the County of Monmouth and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to execute an agreement with Patriot Consulting Group in the amount of $25,000.00 for the provision of Phase I of the study. BE IT FURTHER RESOLVED that the form of said agreement shall be acceptable to the Borough Attorney. BE IT FURTHER RESOLVED that the Borough of Little Silver agrees to provide its agreed share of the required local match and to accept receipt of the local match requirements from the Borough of Fair Haven and the Borough of Rumson and to be responsible for its proper expenditure. BE IT FURTHER RESOLVED that this Resolution is contingent upon the Borough of Fair Haven and the Borough of Rumson each passing similar resolutions authorizing the foregoing and agreeing to participate as set forth herein including the payment of each Borough’s contribution towards the cost of the study. BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be provided to each of the following: 1. Borough of Fair Haven 2. Borough of Rumson 3. Chief Shannon Giblin 4. John O. Bennett, III, Borough Attorney Motion: Mr. O’Scanlon Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon Negative: None Abstentions: None Public Portion Remarks of the citizens for the good of the Borough: Chester Apy, introduced himself as a lifetime Borough resident and retired attorney, former Borough Attorney, Councilman and Assemblyman. He noted that he was in attendance to speak for himself as well as half a dozen families, also in attendance, namely the Brewer, O’Kane, Johnson and Foard families, who were concerned about the Eastview Avenue project. Mr. Apy excused himself to let Don Mulligan, Silverton Avenue, speak. Mr. Mulligan stated that he would support stop signs on Silverton Avenue, due to the heavy and and high speeds of traffic on Silverton Avenue, especially from the high school. He stated there are often 25 to 30 children on the street at that time, and the traffic is a safety issue. Jason Stiles, Silverton Avenue, stated his support to this proposal. Patty Nahan, 56 Silverton Avenue, also supported the issue, noting that the presence of police during the high traffic times would be helpful. Mayor Castleman replies that the Traffic Safety Committee and the Police Department are discussing the matter. Lisa Walsh, Silverton Avenue, stated that she also supports putting stop signs on the intersection. Marilyn Chapman, Silverton Avenue, stated that she lives near Cross Street, and has observed cars traveling at high speeds and ignoring the existing stop signs. Mayor Castleman assured the residents that the matter was being looked into. Mr. Apy resumed speaking, noting that he and the other residents were not asking the Governing Body for any action or response, but wanted to bring attention to information that the Planning Board has received. He noted that the Planning Board has until October 2 to make a decision on the development plan. He said a subcommittee had been formed to meet with residents and consider comments and concerns of the public, and that was the purpose of their appearance at this meeting. Mr. Apy presented a packet of exhibits to the Governing Body so they could follow the points he was about to present. He then noted that they saw problems with two Ordinances that had been adopted, and how the developer has implemented those Ordinances. The first Ordinance in question is in regard to the Affordable Housing requirements. Chris Foard then noted that there is a concern about the location of the affordable housing units. He further noted that it appears the plans do not include the space allocated and density of the affordable housing units. He also noted concerns regarding the space allocated for parking. Mr. Apy suggested that the application again be reviewed by Mayor and Council, and be sent to COAH for input and comments in regard to meeting the COAH requirements. He further noted that if the final project does not meet the COAH requirements, the process would then have to be repeated and then there could be penalties involved. Mr. Apy then referred to the Zoning Ordinance, noting that the developer had not fully explained the disbursement of the COAH units. He noted the three properties involved as the Anarella property, the Segall property, and the Borough property, and that the applicant must have ownership of the three properties. Mr. Apy questioned if this was the case, and stated that he felt the developer had no standing regarding the Borough property. He asked the Governing Body to again review the previous meetings and files regarding this. Mr. Apy then addressed the matter of parking in the development. He said the plan includes eleven cars that would be backing out into traffic, clearly a traffic hazard, and potential lawsuits involved. He noted that the Traffic Safety Committee had also questioned this parking plan. He then questioned the need for the Open Space property that was proposed. He suggested that, rather than add to the Borough’s properties, that the applicant and present property owner be required to install a conservation easement, in which case the applicant would then be responsible for taxes and maintenance. He said the option for Borough ownership could still be kept open for the applicant to gift the property to the Borough at a later date. He asked the Governing Body to reconsider accepting the gift of this property until such time as the property has been developed and maintained. Mr. Apy then referred to a letter from Avakian of August 7, 2007, addressed to the Planning Board, suggesting additional review by Borough officials, and suggesting it is an incomplete application. Mr.Apy asked the Governing Body to meet again with the subcommittee to review and consider the suggestions presented at this meeting. He presented a suggestion of inviting knowledgeable residents including George Drawbaugh, Bob Neff, and Tony Bruno as members of the subcommittee, based on their experience and expertise. He added he had not spoken of this suggestion to the residents named. Mr. Apy said he felt this plan has been rushed through and all the factors, such as fire safety, had not been thoroughly addressed. Mr. Apy noted that the finished project total 105,000 square feet, with 8,000 square feet allocated for affordable housing; so, if approved, the developer will be absolved of any COAH responsibility. He further requested an extension of time to further review and consider the issues concerning the residents. Mr. Apy said, in conclusion, that he did not want any members of the Governing Body to have to look back and say, “If I had known then what I know now, I would never have done it”, further noting that an extension should be requested, COAH should be consulted, matters such as the clear cutting of trees on the property should be considered, and all outstanding issues be resolved. He said he believed the citizens of the Borough would be in agreement with what he had presented at this meeting, and would like to give them further opportunity to hear the concerns that had been presented. He said otherwise, if the Planning Board agrees to this plan, and the plan is approved, that the developer has a right to present to a court that his rights are vested, and there will be nothing the Borough can do. Mr. Apy thanked the Governing Body for their consideration in hearing his statements. Mayor Castleman asked for any further comments from the public. Patty Nahan, 56 Silverton Avenue, stated that the matter of sidewalks on Silverton Avenue had been discussed, and asked for an update. Mayor Castleman and Mr. Biehl replied that a grant request had been rejected. Mr. Biehl noted that a grant for Woodbine Avenue sidewalks had also been requested. Mr. Biehl noted that sidewalks are usually done with grant monies, otherwise they are the homeowners’ responsibility, under the law. Mr. Biehl further noted that a grant for Woodbine Avenue sidewalks had been applied for this year and, if it is successful, one for Silverton Avenue would be applied for next year. He also noted that trees were no longer being planted along sidewalks, but it remains the homeowner’s responsibility to maintain sidewalks in regard to tree roots lifting the sidewalks. Bob Oswandel, 91 Church Street, asked the Council to clarify who has the final authority for the approving the Eastview Avenue development that was discussed earlier. Mr. Bennett answered that after an application is approved by the Planning Board, it does not return to the Council and, therefore, it is the Planning Board that makes the final decision. Flo Apy, Rivers Edge Drive, stated, in regard to the Eastview Avenue project, that it seemed COAH should address the issue of elevators and garage space. Mr. Bennett said there is no COAH requirement to include garages in regard the development, only for affordable housing. Mr. Oswandel then questioned whose responsibility it is to meet COAH requirements. Mr. Bennett replied that the Borough Council has this responsibility. Mr. Oswandel asked if this does mean that the Council has the responsibility to meet any requirements not met by the Planning Board. Mr. Bennett replied that this is not the case. He said the Council creates the Ordinance to meet the requirements of COAH, and then the Planning Board must ensure that the requirements of the Ordinance are applied to the application, and that the Planning Board makes the determination. He noted that the Council does not have jurisdiction to ensure that the Planning Board is meeting those requirements and does not have authority over the Planning Board, as directed by State statute. Corky Johnson, Eastview Avenue, stated she had been in attendance at all the meetings regarding the Eastview Avenue project. She further stated that she objected to the size and density of the development. She questioned why this is being allowed, and stated that another developer could build developments of the same density. She asked the Council to further consider this development. Ed Romolo, 3 Rivers Edge, stated that he did not believe the Borough did not need the land gift, and why would the Borough take it and create more tax burden. He said that he felt the Borough should let the developer keep the property, with the option to consider taking the property at a later date, as Mr. Apy had earlier suggested, as a way of saving money. Chris Foard thanked the Mayor and Council for listening to the group’s comments, and further stated that he felt it would not be a hardship to the developer to delay the approval of the development for a few months, because the developer must resolve certain issues, such as sewers, that will prevent him from building any time soon. He asked that the time extension be extended to further review and possibly get a better plan. He cited specific issues, including that parking was bad and the buildings are too big, noting that Planning Board Attorney Leckstein had commented, “Yes, it’s big”. Mr. Foard further noted that Borough ownership of the property should be reviewed again. He added that, based on the good rapport that had been established with the developer, that a time extension should be requested to refine the plan. Mayor Castleman thanked the public for the comments, noting that the Eastview Avenue project had been discussed many times, and the public’s comments would be taken under consideration. There being no further business, she then asked for a Motion to adjourn. Motion: Mr. Gilmour Second: Mr. O’Scanlon Vote: Voice Vote – Ayes – Unanimous The meeting was adjourned at 9:15 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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