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August 4, 2008 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL August 4, 2008 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:30 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 January 7, 2008." The salute to the flag was led by Mr. Neff and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None Mayor Castleman called for a Motion to suspend the regular order of business: Motion: Mr. DeNoia Second: Mr. Neff Vote: Voice Vote – Ayes – Unanimous Mr. Bennett read the following: R E S O L U T I O N WHEREAS, due to the resignation of Councilman Don Galante, a vacancy currently exists on the Borough Council; and WHEREAS, the Republican County committee has submitted three names to fill such vacancy in accordance with law; and WHEREAS, the Council has considered the names submitted and wishes to appoint William Morris to said vacancy; and WHEREAS, William Morris is prepared to fill said vacancy and is qualified to do so pursuant to law N.J.B.I.R. by the Mayor and Council of the Borough of Little Silver; and NOW, THEREFORE, BE IT RESOLVED that William Morris be and is hereby appointed to fill the unexpired term of said Councilman Don Galante until December 31, 2008. Motion: Mr. DeNoia Second: Mr. VanWinkle Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. Morris, Mr. VanWinkle Negative: None Abstentions: None Mayor Castleman called for a Motion to return to regular order of business: Motion: Mr. Gilmour Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous Mr. Biehl read the following: R E S O L U T I O N WHEREAS, the Little Silver Public Works/Recycling Department is in need of one, new 2009 25 yard Refuse Packer Truck; and WHEREAS, adequate funding for said purchase is contained in bond ordinance number 663-08; and WHEREAS, the Borough Administrator/Clerk received, opened and publicly read the following bid at 10:00 a.m. on Thursday, July 31, 2008: Hunter Jersey Peterbilt Clarksburg, NJ 08510 $165,900; and WHEREAS, the Borough Administrator/Clerk has reviewed the bid and finding it to be in order recommends that the bid submitted by Hunter Jersey Peterbilt in the total amount of $165,900 be accepted; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the bid submitted by Hunter Jersey Peterbilt for the purchase of a new 25 yard Refuse Packer truck in the amount of $165,900 be and is hereby accepted. Motion: Mr. Bitman Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None PUBLIC HEARING A CAPITAL IMPROVEMENTS BOND ORDINANCE APPROPRIATING THE SUM OF $45,000.00 AND AUTHORIZING THE ISSUANCE OF $42,750.00 BONDS OF THE BOROUGH OF LITTLE SILVER It was decided by the Mayor and Council to carry this for the next Regular Meeting on Monday, September 8, 2008. Motion: Mr. Bitman Second: Mr. Neff Vote: Voice Vote – Ayes – Unanimous Mayor Castleman called for a Motion to suspend the regular order of business: Motion: Mr. VanWinkle Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous Mayor Castleman issued the Oath of Office to Mr. William Morris as Council Member. Mr. Morris then joined the Regular Meeting at 8:40 p.m. Mayor Castleman called for a Motion to return to Regular Order of Business: Motion: Mr. VanWinkle Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris Mr. Neff, Mr. Morris, Mr. VanWinkle Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and/or Special Meetings: None Consideration of Executive Session Minutes: None Communications: None Student remarks and brief remarks on the Agenda from other members of the Public: Resolution - Payment of Bills and Claims, August 4, 2008 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 $ 252,482.73 Operating – Prior Year 670.74 School Taxes 1,458,207.73 Contra 0.00 Capital 40,865.11 Grant 13,350.00 Various Trusts & Reserves 11,762.23 Escrow Projects 2,035.00 Payroll of 7/25/08 $ 181,062.85 Void Checks: $ 0.00 Manual Checks: $ 0.00 EFT Payments $ 0.00 ACH Debit Railroad Sales Tax Payable $ 950.60 Wire Transfers: $ 0.00 Total $ 1,961,386.99 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: Mr. Bitman questioned the expenditure on Page 13, Roads and Drains, for reimbursement to three residents on Little Silver Point Road. Mr. Biehl explained that the contractor had not responded to the residents, so they had them repaired and submitted bills, for which the residents were reimbursed, and that expense will be deducted from the final amount due to the contractor, Montone Construction. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: Mr. Morris REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Board of Health, Public Affairs, Library Trustees): Mr. Morris will now take this responsibility. POLICE AND EMERGENCY PREPAREDNESS (Traffic Safety Committee, Drug Alliance, Local Emergency Planning Council): Mr. Gilmour reported that he met with the Police Committee tonight, prior to the meeting, and that overtime is down 35% this year. He added that there will be another Shared Services Meeting, hosted by Fair Haven on August 18, 7:00 p.m. at Fair Haven Borough Hall. Mr. Gilmour also reported that the Traffic Enforcement of the Police Department was recommending no Parking on Westwood Avenue from the curb to the first driveway and would like to implement this prior to the start of school. Mr. Gilmour further reported that there is a request for Special Officer Peter Giblin to attend school to become a Special Officer, Class II, and asked for approval of the expenditure of $360.00 tuition, and that Officer Giblin would not be paid during that time. Motion: Mr. Gilmour Second: Mr. Bitman Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. Morris, Mr. VanWinkle Negative: None Abstentions: None BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman reported that the Summer Recreation Program had ended, and that, under the new director’s guidance, had been very successful, with full attendance and much parental support. He also noted that the coordination and support efforts from the Department of Public works had been excellent. PERSONNEL (Environmental Commission, Shade Tree Commission, Open Space): Mr. Neff reported that the Shade Tree Commission had discussed the disposition of the spruce tree on the front lawn. He said the Commission is concerned about the position of the tree and the proportion in relation to the new cherry trees. The Shade Tree Commission had requested Mr. Neff present the subject to the Governing Body for discussion. Mr. Neff further noted that both the Shade Tree and Environmental Commission were both interested in the planting of the area at the Nature Trail, at the intersection of Point Road and Prospect Avenue. Mr. Biehl explained that they are awaiting installation of a split rail fence at that location, and that the Shade Tree Commission had recommended certain different plantings at that location. PUBLIC WORKS (Planning Board, Americans With Disabilities Act Committee, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the opening of the fence at the Public Works Garage should be coming to fruition in the very near future. He further reported that the next regularly scheduled meeting of the Planning Board would be tomorrow, and copies of the Agenda were available. Mr. Neff then added to his previous report that the plans are in place to implement the Brush and Limb Ordinance, that Mr. Olimpi is prepared to begin issuing warnings and summonses to violators. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Business and Professional Association, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: None Mayor's Report: Mayor Castleman reported that the Women’s Club had requested that on Sunday, October 5, they be allowed to park vehicles in the Women’s Club parking lot for a bus trip to Atlantic City. The Governing Body agreed that this would be acceptable. Other Reports: None Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING CHAPTER VI, “LICENSING – GENERAL” 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 September 8, 2008. Motion: Mr. DeNoia Second: Mr. Bitman Council and Public Discussion: Mr. Biehl noted that this lines up the period for which the bicycle licenses are dispensed with the dates of the expiration. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. Morris, Mr. VanWinkle Negative: None Abstentions: None ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2008 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 September 8, 2008. Motion: Mr. Bitman Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: Mr. Morris Consent Agenda: Mayor Castleman announced that the following Resolutions had been discussed and would now be approved by Consent Agenda. Mayor Castleman noted that two Resolutions previously discussed had been removed from the Agenda. Motion: Mr. Bitman Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: Mr. Morris R E S O L U T I O N WHEREAS, there is a need for the Borough of Little Silver to retain the services of a professional Architect to provide a proposal for the stabilization of the Parker Homestead outbuildings (the Horse Barn, Cow Barn and Wagon Shed); and WHEREAS, the services will include the preparation of construction documents for the stabilization of the Parker Homestead outbuildings; and WHEREAS, Farewell Mills Gatsch Architects, LLC (FMG) has submitted a proposal to the Borough of Little Silver in the amount of $67,000.00 in order to provide the aforesaid services; and WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefore, provided that the Resolution authorizing the contract and the contract itself be available for public inspection in the office of the Municipal Clerk and that notice of the awarding of the Contract be published in a newspaper of general circulation in the municipality; and WHEREAS, the Mayor and Council of the Borough of Little Silver having considered the same, now wishes to authorize the awarding of a professional service contract to Farewell Mills Gatsch Architects, LLC for said services; NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Little Silver as follows: 1. That the Mayor is authorized to execute and the Municipal Clerk to attest an Agreement, acceptable to the Borough Attorney, between the Borough of Little Silver and Farewell Mills Gatsch Architects LLC, regarding the aforesaid services, in an amount not to exceed $67,000.00; 2. That this contract is awarded without competitive bidding as a “Professional Service”, in accordance with N.J.S.A. 40A:11-5, of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services. R E S O L U T I O N WHEREAS, the Borough of Little Silver Police Department is in need of a seven (7) Powerheart Automatic External Defibrillators (AED) G3 Plus with comprehensive program, seven (7) adult defibrillation electrodes, seven (7) pediatric defibrillation electrodes, and seven (7) storage carrying cases; and WHEREAS, the Police Department has solicited the following quotes: T.E.A.M. Life, Inc. Colts Neck, NJ $10,225.00 With Trade in Discount Cardiac Science Corporation Bothell, WA $11,858.00 No Trade in Discount AED Everywhere, Inc. Centennial, Co $13,265.00 No Trade in Discount ; and WHEREAS, adequate funding for this purchase is contained in Ordinance #661-08; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends the low quote submitted by Team Life, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low quote submitted by Team Life, Inc. in the amount of $10,225.00 for the aforementioned items be and is hereby accepted. R E S O L U T I O N WHEREAS, Governor Jon Corzine’s Fiscal Year 2009 budget reduced State Police funding for municipalities; and WHEREAS, Municipal budgets will be negatively impacted by the requirement to pay for State Police services and thus be forced to raise local property taxes; and WHEREAS, many Mayors and other elected and appointed municipal officials met with the Attorney General and State Police offering solution to the State Police budget shortfall, namely, increasing surcharges on fines levied by the State Police; and WHEREAS, charging those who violate State laws would fund the shortfall in lieu of relying on New Jersey property taxpayers is a sensible solution to address the problem; and WHEREAS, Senate Bill No. 1976, sponsored by Senator Van Drew and Assembly companion, A-2982 (Milam) impose a $40 surcharge on all motor vehicle violations to defray some of the costs of providing local police services; and; and WHEREAS, S-1976/A2982 establish two funds into which revenues from the surcharge will be divided equally between the “Rural Police Services Property Tax Relief Patrol Services Fund” and the “Police Services Property Tax Relief Fund”; and WHEREAS, S-1976/A-2982 provide that monies in these Funds are to be used exclusively to reduce the amount a municipality is required to raise through local property taxation to cover the costs of providing police services; NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Little Silver, County of Monmouth do hereby endorse the sensible solution and appropriate surcharge rates as proposed in S-1976/A-2982 and support its adoption thereof; and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Jon Corzine, State Senator Jennifer Beck, Assemblyman Declan O’Scanlon, Assemblywoman Caroline Casagrande and the New Jersey League of Municipalities. R E S O L U T I O N WHEREAS, the Borough of Little Silver requires a State certified composting of mulching location for the disposal of leaves for the fall and spring (2008-2009) leaf season; and WHEREAS, the Borough Recycling Coordinator has solicited a quote from Overbrook Farm, Colts Neck, NJ in the amount of $4.00 per cubic yard; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-5(s) allows the Governing Body to negotiate a price without public advertising for bids through a recycling program including leaf composting; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Overbrook Farm in the amount of $4.00 per cubic yard for disposal of leaves for the fall and spring (2008-2009) leaf season be and is hereby accepted. 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 employees of the Borough of Little Silver adopted on July 14, 2008 be and is hereby amended as follows: DELETE: Donald S. Galante Council Member $2,500.00 (Effective July 15, 2008) 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. R E S O L U T I O N WHEREAS, the Borough of Little Silver Police Department is in need of one Panasonic Toughbook Computer; and WHEREAS, Sergeant Shaffery has solicited the following quote under State Contract #67176: CDW Government, Inc., Vernon Hills, IL $4,004.11; and WHEREAS, adequate funding for this purchase is contained in Ordinance #661-08; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by CDW Government, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by CDW Government, Inc. in the amount of $4,004.11 for the aforementioned computer be and is hereby accepted. R E S O L U T I O N WHEREAS, the Department of Public Works is in need of one QBC942295 48”FASTCAT, 19 HP KAWI KAI Ride-On Lawn Mower and one 7001 Power Blower; and WHEREAS, the Director of Public Works has solicited the following quotes: Lawes Outdoor Power Equipment Shrewsbury, NJ $4,917.49 JB Sales & Service Hazlet, NJ $5,185.00 Cerlione’s Hazlet, NJ $5,210.00; and WHEREAS, adequate funding for said purchase is contained in Ordinance #661-08; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them to be in order recommends that the low quote submitted by Lawes Outdoor Power Equipment in the amount of $4,917.49 be accepted; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to purchase the aforementioned Ride-On Mower and Power Blower from Lawes Outdoor Power Equipment in the amount of $4,917.49 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 2008 salaries for employees of the Borough of Little Silver adopted on July 14, 2008 be and is hereby amended as follows: DELETE: (Effective July 29, 2008) Dennis Kerr Relief Police Dispatcher Trainee $7.15/hr BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Borough Chief Financial Officer to make the necessary payroll adjustments. R E S O L U T I O N WHEREAS, VJV Enterprises of N.J. Inc. (Holiday Meats) did previously post Commerce Bank Irrevocable Letter of Credit No. 132192060062 in the amount of $103,356.00 and $11,484.00 in cash, as a Performance Bond for improvements to 42 Birch Avenue, Block 30.01, Lot 133 in the Borough of Little Silver; and WHEREAS, by letter dated July 16, 2008 the Borough Engineer recommended release of all Performance Bonds subject to the payment of all outstanding bills and the posting of a Maintenance Bond in the amount of $11,484.00 if posted in cash or certified check or $17,226.00 if posted as a surety; and WHEREAS, all fees have or will be paid and the cash portion of the Performance Bond in the amount of $11,484.00 will be held and posted as the Maintenance Bond in accordance with the attached letter of authorization; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the aforementioned Performance Bond for Improvements to 42 Birch Avenue in the Borough of Little Silver be and is hereby released including interest accruing up to July 29, 2008 in the amount of $199.35. R E S O L U T I O N WHEREAS, the Borough of Little Silver Police Department is in need of twenty-two APC Back-UPS ES 550 (back up supply and surge protectors); and WHEREAS, the following quote has been solicited under State Contract #N326AAH DELL Computer Corp. $1,210.00; and Round Rock, Texas WHEREAS, adequate funding for said purchase is contained in Ordinance #661-08; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends it to the Mayor and Council; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to purchase the aforementioned. in the amount of $1,210.00 under State Contract #N326AAH from DELL Computer Corp. R E S O L U T I O N WHEREAS, the Little Silver Police Department is in need of one, new, RICOH MPF 3350SP Copier Document System with two year Maintenance Agreement, 33 pages per minute, automatic reversing document feeder, 1,000 sheet paper capacity in two drawers, 100 sheet bypass tray, SR3050 finisher (500 sheets), 768 MB RAM and 40 GB hard drive, network printing, color and black/white scanning and faxing, cabinet with casters and storage, delivery, set up, installation and unlimited training; and WHEREAS, adequate funding for this purchase exists in Ordinance #661-08; and WHEREAS, the following quote has been obtained by the Police Chief under State Purchase Contract #A51465: RICOH Business Solutions Hamilton, NJ 08690 $9,526.00.00 with trade in; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by Ricoh Business Solutions; NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to purchase the aforementioned from RICOH Business Solutions in the amount of $9,526 under State Purchase Contract #A51465. R E S O L U T I O N WHEREAS, the Borough of Little Silver and Cheshire Square Condominium Association have reached an agreement on the services which the Borough will provide and those for which Cheshire Square 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 Cheshire Square 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 Cheshire Square Condominium Association for compensation in the amount of $3,992.54 in lieu of providing snow plowing and street lighting for the calendar year 2008. Public Portion Remarks of the citizens for the good of the Borough: Annette Ostran, Little Silver Point Road, reported, in reference to the no parking signs requested on Borden Place, that a few days after the signs were erected by Borough employees disappeared. Mrs. Ostran said she is concerned that residents seem to feel they can take these matters into their own hands. Mayor Castleman replied that it is a Police Department matter, and they are looking into it. She continued that there will be a meeting of all the residents with the Police Department. Howard Ostran , Little Silver Point Road, said that a Movie Night event being held by the Education Foundation, advertised as taking place at 530 Little Silver Point Road, was previously held at Red Bank Regional High School. He asked if the Borough was going to permit the same amount of people to park at a residence. Mr. Bitman replied that the event was never held at Red Bank Regional, that it was a different organization. He also noted the seating is limited, and that it would be a safe number, and the Police Department would make sure the parking was safe. Motion to Adjourn: Mr. VanWinkle Second: Mr. Gilmur Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 9:08 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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