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May 19, 2008 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL May 19, 2008 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 8:17 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. VanWinkle and followed by a moment of silence, with special thoughts to Don Merce, Principal of Markham Place School and his family. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante Consideration of Minutes for Regular Meetings and/or Special Meetings: May 5, 2008: Motion: Mr. Bitman Second: Mr. Neff 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 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 $ 161,635.43 Operating – Prior Year 0.00 School Taxes 0.00 Contra 0.00 Capital 1,918.00 Grant 0.00 Various Trusts & Reserves 6,666.27 Escrow Projects 0.00 Payroll of 5/16/08 $ 136,187.15 Void Checks: $ 0.00 Manual Checks: Clubway Associates Refund of escrow monies $ 41,720.28 EFT Payments $ 0.00 ACH Debit $ 0.00 Wire Transfers: $ 0.00 Total $ 348,127.13 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: There was a question regarding the Medicare Part B payments, which Mr. Biehl clarified, noting that the amounts paid by the Borough are amounts withheld in the retired employee’s Social Security check, which the Borough then reimburses. He further explained that the Ordinance states that when an employee retires, they keep whatever medical insurance is in effect at the time of active employment, including spouses and family members who were covered by the insurance. The Borough then pays that, and the Medicare Part B reimbursement. Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, 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. Galante, absent, no report. POLICE AND EMERGENCY PREPAREDNESS (Traffic Safety Committee, Drug Alliance, Local Emergency Planning Council): Mr. Gilmour, no report. 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, no report. PUBLIC WORKS (Planning Board, Americans With Disabilities Act Committee, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that, as he had reported in the Workshop Meeting, Mr. Biehl is going to find out from the Borough Engineer the status of access/egress at the Recycling Center. He also reported that the regularly scheduled meeting of the Planning Board would be held tomorrow night, and that he had copies of the Agenda available. 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 tomorrow there would be a meeting with New Jersey Management regarding emergency services at Fort Monmouth and FMERPA (the closing of Fort Monmouth), and how it will affect the Borough in regard to shared services, etc. She said the meeting would be tomorrow, May 20, at 4:00 p.m. in the Ayers Room. Mayor Castleman asked Mr. Biehl when the old cherry trees at Borough Hall would be removed. Mr. Biehl said it would be fairly soon, that tomorrow he has a meeting with the company who installed the trees, as there had been allegations that some of the trees were undersized. The trees will be measured and, if a problem is found in the sizes, the landscape company will make good on it. Other Reports: Mr. Biehl gave the Financial Summary for the Month of April, 2008: Cash on Hand Beginning of the Month $ 9,012,090.00 Total Monthly Receipts 2,034,764.00 Total Monthly Disbursements 2,132,691.00 Cash on Hand End of Month $ 8,914,163.00 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 2.62%. Old Business: None New Business: ORDINANCE INTRODUCTION Mayor Castleman introduced by title: AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 5-18, ENTITLED “REYCLING”, OF CHAPTER 5, “POLICE REGULATIOS”, OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF LITTLE SILVER, NEW JERSEY (1973)” 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 7, 2008. Motion: Mr Bitman Second: Mr. Gilmour Council and Public Discussion: None Vote: Voice Vote – Ayes – Unanimous Consent Agenda: Mayor Castleman announced that the following Resolutions had been discussed and would now be approved by Consent Agenda. Motion: Mr. Gilmour Second: Mr. DeNoia Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, Thomas and Cara O’Hara did previously post Rumson-Fair Haven Bank and Trust Letter of Credit #0280003138 in the amount of $11,480.40 and $1,275.60 in cash, as a Performance Bond for improvements to 530 Little Silver Point Road, Block 65 Lots 20.02 & 20.03 in the Borough of Little Silver; and WHEREAS, by letter dated November 5, 2007 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 $1,275.60 if posted in cash or certified check in the amount of $1,913.40 if posted as a surety; and WHEREAS, all fees have been paid and a cash Maintenance Bond has been posted in the amount of $1,275.60; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the aforementioned Performance Bond for improvements to 530 Little Silver Point Road, Block 65 Lots 20.02 & 20.03 in the Borough of Little Silver be and is hereby released. 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 Section 2-10 of Chapter II "Administrative" of the Revised General Ordinances of the Borough of Little Silver, County of Monmouth, State of New Jersey is hereby amended as follows: SECTION 1: 2-10 PARKS AND RECREATION COMMITTEE 2-10.8 FEES. The Recreation Committee finds the need to revise the schedule of recreation fees as follows: Soccer Registration and Fees: Clinic $30.00 1st & 2nd Grade $50.00 3rd thru 8th Grade $60.00 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 amended said contract on June 4, 2007, February 4, 2008 and March 3, 2008; and WHEREAS, the Mayor and Council of the Borough of Little Silver wish to further amend said agreement to include additional traffic control, reconstruction of an inlet, pavement repair reconstruction of stormdrain with new manhole and repair of foul line netting; 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 #643-07; 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 $168,222.16 from $157,662.16 an increase of $10,560.00 for the 2007 Improvements to Markham Place-Phase II within the Borough of Little Silver in accordance with Change Order #4. R E S O L U T I O N WHEREAS, The Great Atlantic and Pacific Tea Co., Inc., 507 Prospect Avenue, Little Silver, NJ 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, 2008 through June 30, 2009. R E S O L U T I O N WHEREAS, Kelly Roache, a Senior from High Technology High School in Middletown and Jason Zukus, a Junior from High Technology High School, in Middletown, both residents of the Borough of Little Silver, participated in the 2008 Moody’s Mega Math Challenge along with team members Afanasiy Yermakov and Thomas Jackson and won first prize consisting of $20,000.00; and WHEREAS, Kelly Roache, and Jason Zukus along with team members Afanasiy Yermakov and Thomas Jackson spent 14 hours devising mathematical formulas to determine whether ethanol makes economic and environmental sense as an alternative form of energy; and WHEREAS, Kelly Roache, Jason Zukus, Afanasiy Yermakov and Thomas Jackson concluded that switching to ethanol will result in a rise of energy and food prices, and wouldn’t be cost-effective until oil reached $250 a barrel; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver does hereby recognize the achievement of Kelly Roache and Jason Zukus, members of High Technology High School, residents of the Borough of Little Silver and their team members Afanasiy Yermakov and Thomas Jackson and congratulates them for achieving the first prize for the 2008 Moody’s Mega Math Challenge. R E S O L U T I O N WHEREAS, Club Way Associates, LLC, Inc. did previously post Shrewsbury State Bank Irrevocable Stand-By Letter of Credit #0D05000495 in the amount of $536,403.60 and cash in the amount of $59,600.40 as a Performance Bond for improvements to Block 30, Lot 21; Block 30.01, Lots 46-50 and Block 55, Lots 51-54 in the Borough of Little Silver; and WHEREAS, by letter dated December 4, 2007, the Borough Engineer recommended a reduction to the Performance Bond from $596,004.00 to $178,801.20; and WHEREAS, Valley National Bank has posted Irrevocable Letter of Credit Number 0D05000495 in the amount of $160,921.08; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Little Silver hereby approve the Cash Performance Bond reduction from $61,544.14 (including interest accrued through April 30, 2008) to $17,880.12 and Surety Performance Bond reduction from $476,803.20 to $160,921.08 for improvements to Block 30, Lot 21; Block 30.01, Lots 46-50 and Block 55, Lots 51-54 in the Borough of Little Silver; and BE IT FURTHER RESOLVED that any interest accruing after April 30, 2008 shall accrue to the Borough of Little Silver. Public Portion Remarks of the citizens for the good of the Borough: None Attorney Bennett read the following: RESOLUTION EXECUTIVE SESSION: BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the following portion of this meeting dealing with personnel and litigation matters shall not be open to the public; and BE IT FURTHER RESOLVED that it is anticipated that the matters to be discussed and considered in private may be disclosed to the public when the reason in closed session discussion and action no longer exists; and BE IT STILL FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exception set forth in the Act: personnel and litigation. Motion: Mr. VanWinkle Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous The Meeting was adjourned to Executive Session at 8:40 p.m. Mayor Castleman called for a Motion to resume Regular Order of Business: Motion: Mr. Gilmour Second: Mr. DeNoia Vote: Voice Vote – Ayes – Unanimous The Regular Meeting was resumed at 9:14 p.m. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. Neff, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante Attorney Bennett read the following: R E S O L U T I O N WHEREAS, John Clark is currently utilizing the option through the Boroughs Policy of Terminal Leave until such time as his final retirement date; and WHEREAS, John Clark has submitted a request through his Attorney seeking the consent of Mayor and Council to pursue secondary employment while he is on terminal leave; and WHEREAS, the Mayor and Council has considered the request of the employee; NOW AND THEREFORE BE IT RESOLVED, that the Mayor and Council concur in permitting John Clark secondary employment with the following conditions: 1) During such time as he is working his secondary employment he will be covered by his secondary employer’s workmen’s compensation and not that of the Borough; 2) He will be permitted to work during times outside of his regular shift (Monday through Friday, 7:00 a.m. to 3:00 p.m.) 3) He will also be permitted to work on weekends. There is no cap on the number of hours that he may work, provided he is not doing those hours during what would have been his regular work days; BE IT FURTHER RESOLVED, that a copy of this Resolution is certified to be a true Copy and shall be delivered to the following: A) John Clark B) Borough Administrator/Borough Clerk C) Borough Attorney Motion: Mr. DeNoia Second: Mr. Bitman Vote: Voice Vote – Ayes – Unanimous Motion to Adjourn: Mr. DeNoia Second: Mr. VanWinkle Vote: Voice Vote - Ayes – Unanimous The meeting was adjourned at 9:15 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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