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Dec 22, 2008 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL December 22, 2008 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:23 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 December 12, 2008." The salute to the flag was led by Mr. Gilmour, followed by a moment of silence. Mayor Castleman noted that Deputy Borough Clerk Helen Gormley was recovering from successful surgery and doing well. . Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris Mr. Neff, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None Mr. Biehl read the following: R E S O L U T I O N WHEREAS, the Borough of Little Silver has publicly advertised for receipt of bids for the collection, removal, and disposal of garbage, rubbish and other refuse; and WHEREAS, the Specifications for the bidding and contract provided for residential collection two (2) days per week for the entire year as Alternative #1, and residential collection one (1) day per week for the entire year as Alternative #2; and WHEREAS, the Specifications utilized by the Borough were promulgated by the State of New Jersey Department of Environmental Protection; and WHEREAS, the Borough Administrator / Clerk, received opened and publicly read the following bids at 10:00 A.M. on December 5, 2008, for said collection, removal and disposal of garbage, rubbish and other refuse: REPUBLIC SERVICES OF NJ, LLC D/B/A MARPAL COMPANY Alternate #1 Alternate #2 Twice Per Week Once Per Week 1 YEAR $190,827.00 $163,000.00 2 YEARS $385,471.00 $329,000.00 3 YEARS $584,007.00 $499,000.00 WASTE MANAGEMENT OF NEW JERSEY, INC. Alternate #1 Alternate #2 Twice Per Week Once Per Week 1 YEAR $248,040.00 $248,040.00 2 YEARS $503,521.00 $503,521.00 3 YEARS $766,677.00 $766,667.00 DE LISA DEMOLITION AND DISPOSAL INC. Alternate #1 Alternate #2 Twice Per Week Once Per Week 1 YEAR $231,000.00 No Bid 2 YEARS $460,000.00 No Bid 3 YEARS $633,000.00 No Bid M & S WASTE SERVICES Alternate #1 Alternate #2 Twice Per Week Once Per Week 1 YEAR $230,000.00 $230,000.00 2 YEARS $427,600.00 $427,600.00 3 YEARS $617,391.00 $617,391.00; and WHEREAS, adequate funding has or will be contained in the appropriate annual operating budgets; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver that the Mayor and Borough Clerk be and are hereby authorized to execute a three year agreement between the Borough of Little Silver and REPUBLIC SERVICES OF NJ, LLC, D/B/A MARPAL COMPANY, in the amount of $584,007.00 (Alternate #1, twice per week) for a period of three years commencing April 1, 2009 through March 31, 2012; 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. Bitman Second: Mr. Gilmour Council and Public Discussion: Mr. Bitman and Mayor Castleman briefly explained the bidding system to the Boy Scouts who were present Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None Mayor Castleman opened a discussion regarding the Municipal COAH Housing Plan Element and Fair Share Plan. She asked if anyone had any further questions for Mr. Coppola. Mr. Bennett noted that the record should show that the Mayor and Council were present when the Planning Board was taking action on this matter, and why it is being required and submitted to the State in accordance with the directive of the Legislature, that it has to be submitted by December 31st. Mr. Biehl read the following: GOVERNING BODY RESOLUTION PETITIONING WITH AN ADOPTED HOUSING ELEMENT AND FAIR SHARE PLAN WHEREAS, the Planning Board of the Borough of Little Silver, Monmouth County, State of New Jersey, adopted the Ameneded Housing Element of the Master Plan on December 22, 2008; and WHEREAS, a true copy of the resolution of the Planning Board adopting the Amended Housing Element is attached pursuant to N.J.A.C. 5:96-2.2(a)2; and WHEREAS, the Planning Board adopted the Fair Share Plan on December 22, 208; and WHEREAS, a true copy of the resolution of the Planning Board adopting the Fair Share Plan is attached pursuant to N.J.A.C. 5:96-2.2(a)2. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Little Silver, Monmouth County, State of New Jersey, hereby endorses the Amended Housing Element and Fair Share Plan as adopted by the Borough of Little Silver’s Planning Board; and BE IT FURTHER RESOLVED that the Governing Body of Little Silver, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:96-3.2(a), submits this petition for substantive certification of the Housing Element and Fair Share Plan to the Council on Affordable Housing for review and certification; and BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Amended Housing Element and Fair Share Plan has been included with the petition; and BE IT FURTHER RESOLVED that notice of this petition for substantive certification shall be published in a newspaper of countrywide circulation pursuant to N.J.A.C. 5:96-3.5 within seven days of issuance of the notification letter from the Council on Affordable Housing’s Executive Director indicating that the submission is complete and that a copy of this resolution, the adopted Housing element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the Little Silver Borough Municipal Clerk’s office located at 480 Prospect Avenue, Little Silver, New Jersey, during normal business hours on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:96-3.5. ____________________________ Administrator - Clerk Michael Biehl Municipal Clerk _____________________________ Date 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 regularl meeting held on _______________________, 20_____ _______________________________ Michael D. Biehl Motion: Mr. VanWinkle Second: Mr. Bitman 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 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 16A, “LAND USE AND DEVELOPMENT ORDINANCE”, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, MONMOUTH COUNTY, NEW JERSEY, AS AMENDED, AND SPECIFICALLY BY AMENDING SUBSECTION 3.4 U., ENTITLED “MANDATORY AFFORDABLE HOUSING FEES”, IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING (COAH) Mr. Biehl certified that same had been published in the Two River Times on November 26, 2008, posted on the bulletin board, with copies available to the public. Motion hearing be opened: Mr. Bitman Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None Mayor Castleman declared the hearing open and called for comments. Mr. Biehl read a letter addressed to him, dated November 24, 2008 (copy attached) from the Planning Board. Seeing no further comment, Mayor Castleman called for a Motion to close the hearing. Motion hearing be closed: Mr. DeNoia Second: Mr. Morris Vote: 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 REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, MONMOUTH COUNTY, NEW JERSEY, AS AMENDED, AND SPECIFICALLY BY AMENDING SUBSECTION 3.4 U., ENTITLED “MANDATORY AFFORDABLE HOUSING FEES”, IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING (COAH) Motion: Mr. DeNoia Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None Consideration of Minutes for Regular Meetings and/or Special Meetings: October 20, 2008: Motion: Mr. Neff Second: Mr. Gilmour Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous November 17, 2008: Motion: Mr. Gilmour Second: Mr. Neff Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous December 1, 2008: Motion: Mr. Bitman Second: Mr. Gilmour Council and Public Discussion: None Vote: 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, December 22, 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 $ 83,344.88 Operating – Prior Year 0.00 School Taxes 0.00 Contra 0.00 Capital 12,534.10 Grant 1,135.00 Various Trusts & Reserves 23,239.18 Escrow Projects 490.00 Payroll of 12/12/08 $ 141,922.29 Void Checks: $ 0.00 Manual Checks: $ 0.00 EFT Payments $ 0.00 ACH Debit State of New Jersey, Railroad Sales Tax $ 10,598.49 Wire Transfers: $ 0.00 Total $ 273,263.94 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. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Board of Health, Public Affairs, Library Trustees): Mr. Morris, no report. POLICE AND EMERGENCY PREPAREDNESS (Traffic Safety Committee, Drug Alliance, Local Emergency Planning Council): Mr. Gilmour noted that $250 was saved by his attendance at a Worker’s Compensation seminar two weeks ago. Mayor Castleman added that she and Mr. Bitman had also attended. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman, no report. PERSONNEL (Environmental Commission, Shade Tree Commission, Open Space): Mr. Neff reported that a notification was included in the Mayor and Council Members’ packets that Mr. Olimpi intends to resign at the end of next year. Mr. Neff added that Mr. Olimpi had served the Borough well, and will be relocating to Virginia. PUBLIC WORKS (Planning Board, Americans With Disabilities Act Committee, Parker Homestead Liaison, Recycling): Mr. DeNoia, no report. 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 commended Mr. VanWinkle for his work with the Business and Professional Association. Mayor Castleman recommended the appointment of Darwin Spears, 103 Lovett Avenue, to the Shade Tree Commission, and the removal of David Caldera, Barbara Fleischer, Joan Donald and Michael Olimpi: Motion: Mr. Neff Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous Mayor Castleman also reported that an agreement had been reached with N.J. Transit for the parking lot on the west side of the tracks, for installation of new parking meters and other improvements. She noted the plan does not include repaving the entire parking lot, and discussions are continuing for that. She added that this information is in this month’s Newsletter. Mr. Bennett added that this project is being done by utilization of user fees, parking fees, and no taxpayer monies. Other Reports: Mr. Biehl gave the Financial Summary for the Month of November, 2008: Cash on Hand Beginning of the Month $ 11,075,654.00 Total Monthly Receipts 3,975,997.00 Total Monthly Disbursements 3,358,742.00 Cash on Hand End of Month $ 11,692,909.00 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 1.70 %. Old Business: None New Business: Consent Agenda: Mayor Castleman announced that the following Resolutions had been discussed and would now be approved by Consent Agenda. She noted that the Resolution for the Visiting Nurse contract had been removed for further consideration. Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Morris, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, the Borough of Little Silver Department of Public Works Garage is in need of partial roof repairs to include stripping of the old roofing and installation of a pitched insulated roof system with a Ruberoid felt surface and gutters; and WHEREAS, the following quotes have been solicited by the Borough Department of Public Works Director: Guzzi Roofing, Inc. Red Bank, NJ $13,450.00 Bills & Son, Inc. Red Bank, NJ $18,000.00 Wilcox Roofing, LLC Oceanport, NJ $17,500.00; and WHEREAS, adequate funding for this purchase is contained in Ordinance #99-476; and WHEREAS, the Borough Administrator/Clerk has reviewed the quote and finding it to be in order recommends the quote submitted by Guzzi Roofing, Inc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the quote submitted by Guzzi Roofing, Inc. in the amount of $13,450.00 for the installation of a new roof for the Borough of Little Silver Department of Public Works Garage 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 check be drawn to the owner of record representing the veteran’s tax deduction granted by the Tax Assessor on December 16, 2008 as follows: Block Lot Name and Location Amount 61 10 Stephen C. Buchanan 71 Lippincott Road $ 250.00 RESOLUTION WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of property tax refunds or delinquent amount in the amounts of less than $ 10.00; and WHEREAS, the governing body authorizes the Tax Collector to process, without further action on their part, and cancellation of property tax refunds or delinquencies of less than $ 10.00. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, County of Monmouth, State of New Jersey, hereby authorize the Tax Collector to cancel said tax amounts as deemed necessary. BE IT FINALLY RESOLVED, that a certified copy of the Resolution be forwarded to the Tax Collector and Borough Auditor. DELINQUENT Block Lot Name Amount 4 3 REARDON $1.33 13 104 HERRMAN $0.20 17 4.133 LAWRENCE $0.01 17 12 METZGER $0.19 25 30 MCALLISTER $8.47 26 6 BETTERLY $9.66 28 1 BALAGURCHIK $8.11 28 37.1 BOURKE $2.44 30 2.111 SHREWSBURY CHIROPRACTIC $0.92 30 2.207 PRACTICE MGMT.GROUP $2.07 46.1 3 STECKROTH $0.41 52 3 COLAO $8.53 53 7 CHRISTIE $0.01 55 9 LUTHER $1.30 59 68 TEFTELLER $0.01 61.1 10 NEWMAN $0.02 62 27 AYMONIER $6.64 64 3.1 SCHMIDT $0.04 75 1.2 BYRON $0.10 75 3.9 ABIR $2.04 75 5.16 MOSOLGO $0.01 75 5.17 GOLDRING $1.01 78 9 SNAVELY $5.27 83 2 LOFTUS $0.02 TOTAL $58.81 OVERPAYMENT Block Lot Name Amount Block Lot Name Amount 11 32 RAPP -$4.96 44 34 BRUENING -$0.85 13 2.1 GITLIN -$0.01 44.1 17 GILMARTIN -$0.01 13 58 NUSSBAUM -$0.01 55 12 HENNESSY -$0.01 17 4.17 PAHIGIAN -$0.01 55 13 HENNESSY -$0.02 17 4.97 CASSIDY -$0.01 75 5.24 MORAN -$0.03 17 4.126 GELBER -$0.02 77 1 SHARON LAUREN REALTY -$0.01 23 26 NAPPI -$0.10 25 34 MAY -$0.01 TOTAL -$8.57 26 28 GASIOROWSKI -$0.01 28 37.3 RAPP -$2.26 32 29 PSZCZOLA -$0.01 36 1 GEARTY -$0.02 40 26 HURLEY -$0.20 40 54 STIVES -$0.01 Public Portion Remarks of the citizens for the good of the Borough: Mr. Bennett thanked Mr. Morris and Mr. DeNoia for their service on the Council and their contributions to the Borough. Motion to Adjourn: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 8:56 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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