* A G E N D A *
March 22, 2006
7:30 P.M.
Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.
1. Meeting Called to Order and Roll Call
2. Statement of Compliance with Sunshine Law
3. Moment of Silence and Salute to the Flag
4. Presentation – Verizon/Cable Choice Presentation
John P. Szeliga, External Affairs Director
5. Committee Reports
6. Correspondence
7. Open Public Portion/Limited to Agenda Items Only
Limited to Five (5) Minutes per citizen to be determined at Borough
Council's discretion. Any and all situations regarding Borough
Personnel, when names are implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
8. New Business:
A. Ordinance No. 2006-04 – First Reading and Introduction
Ordinance To Exceed The Municipal Budget Appropriations Limits And To Establish A Cap Bank (N.J.S.A. 40A: 4-45.14)
B. Ordinance No. 2006-05 – First Reading and Introduction
Amending And Supplementing Chapter 1.19 – Planning/Zoning Board Fee Schedule
C. Resolution No. 2006–062
Emergency Temporary Appropriations
D. Resolution No. 2006–063
Introduction of 2006 Municipal Budget
E. Resolution No. 2006–064
Application to the Local Finance Board for Budget Operations Outside “CAP” Limitations
F. Resolution No. 2006-065
Authorizing Submittal of Extraordinary Municipal Aid
G. Resolution No. 2006-066
Authorization of Purchases or Services Over $800.00/Water Dept.
Annual CCR Report
H. Resolution No. 2006-067
Authorizing Payment of Borough Bills
I. Resolution No. 2006-068
Authorizing Creation/Appointment of Englishtown Open Space Committee
J. Resolution No. 2006-069
Authorizing the Submittal of the 2006 ANJEC Grant Application
9. Tax Collector’s Report - February, 2006
10. Public Portion
Limited to Five (5) Minutes per citizen to be determined at Borough
Council's discretion. Any and all situations regarding Borough
Personnel, when names are implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
11. Executive Session
12. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Carr, C/Robilotti
Absent: C/Rucker, C/Palmieri
Also present were Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Municipal Clerk, and Stuart J. Moskovitz, Borough Attorney.
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.
There was a moment of silence and salute to the flag.
John P. Szeliga, External Affairs Director
Mayor Reynolds opens the floor to John P. Szeliga, External Affairs Director for Verizon N.J. of Monmouth and Ocean County for a presentation regarding Verizon upgrading their network from it’s 100+ year old copper network to fiber optic to the premise.
Following presentation Mayor Reynolds opens the floor for anyone with any questions or comments.
C/Carr asks how does that affect our current contract with the Cable Company we have now?
John P. Szeliga responds all franchises in the State of New Jersey are non-exclusive. The reason you haven’t had competition in the past is because nobody was willing to put out the money to put a network in your municipality. It’s time for us to do that.
C/Soden states one of the reasons I wanted to talk with you was I liked the idea of choices. I don’t like being restricted to one or satellite. The other issue I have is the prices. The majority of the people in this town are hard working blue collared people. I think money is a big issue and if it can help this town I would like to see it happen. I believe it would be a good thing for the whole town.
John P. Szeliga states with competition the consumer wins.
C/Simon asks what time frame are you looking at?
John P. Szeliga traditionally a quick cable negotiation is about 18 months. They actually encourage you to start 3 years before your cable contract is up. The resolution we need you to pass is only to determine whether the entity standing in front of you is financially sound and technologically capable to deliver the product to your residents.
Stuart J. Moskovitz, Borough Attorney states what this resolution is intended to do is take the choice away from the community.
Conversation between Stuart J. Moskovitz and John P. Szeliga continues.
Mayor and Council agree per Stuart J. Moskovitz, Borough Attorney to have a new resolution drawn up by the Borough Attorney and it will be voted on at the April 12, 2006 Council Meeting. Mayor Reynolds thanks John P. Szeliga for his presentation.
C/Robilotti states nothing at this time.
C/Soden states nothing at this time.
C/Carr states C/Soden, Stuart Moskovitz, Borough Attorney and I met with Caroline Armstrong from (inaudible) last week and she brought the resolution from the County Planning Board for the Western Monmouth state plan endorsement in which incorporated was a whole list of things that Englishtown had agreed to do in the context of them getting their endorsement. I will make copies for Mayor and Council. I will let you know when our next meeting with Caroline will be.
C/Carr continues, this Friday C/Soden, Stuart Moskovitz and myself will be meeting with Bob Goldsmith from Morristown. He’s been doing a lot of the legislation on redevelopment and rehabilitation zones. It’s going to be an informational meeting as to what those two zones incorporate and if it would be any benefit to Englishtown to go down either one of those roads.
C/Carr states Mayor Reynolds had given me a letter from the Monmouth County Sheriff’s Office regarding a group of prisoners who are generally motor vehicle violations, and a sheriff who goes out with them for the day to provide help to municipalities. They are offering to provide this service to Englishtown. The cost to us is to feed them lunch. We need to put a letter together stating what we want them to do, what hours we want them to work and an endorsement from the Mayor. We would have to provide them with garbage bags, gloves and lunch, which I feel is cheap labor.
Mayor Reynolds instructs Julie Martin, Municipal Clerk to contact Rick Guffanti, Public Works Supervisor and ask him what projects we could have them do.
C/Carr continues, I received a proposal from Randy Gottesman of Community Grants and Planning. I gave copies to everyone. He’s offered to write several grants at different costs and on the last page it says whatever we pay out he would continue to work until it’s at least a one on one match. I think it’s something we need to discuss. In the same note I have completed the association for NJ environmental permission grant for another $20,000.00 to go hand in hand with the $40,000.00 grant that we applied for. We have to either have an environmental commission or an open space committee. There are two resolutions on tonight, one is a resolution to set up an open space committee and then also one to approve that grant going through. I gave copies to everyone.
C/Simon states the police activity report from 3/6 – 3/19 there were 371 calls and 90 motor vehicle stops.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Paul Robilotti, 51 Heritage Drive asks for a breakdown as to arrests, domestic violence etc.
C/Simon states the report is long, so I summarize it. You are more than welcome at anytime to get a copy.
Janet Leonardis, 17 Weamaconk Drive, asks could you just make a general statement as to what is the condition of the budget as far as are we going to go over state cap, are the taxes going to go up?
C/Soden states we are over the State CAP. We have to go for a CAP waiver. We are also going for extraordinary aid. I am not thrilled with Resolution No. 2006-063. I think it could be brought down and when it comes up I would like to discuss it tonight.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
New Business
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET
APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
Whereas, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
Whereas, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
Whereas, the Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2006 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
Whereas, the Mayor and Council hereby determine that a 1% increase in the budget for said year, amounting to $11,184.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
Whereas, the Mayor and Council hereby determine that any amount authorized hereinabove that is not appropriated, as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
Now, Therefore, Be It Ordained, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2006 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $39,144.66, and that the CY 2006 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,
Be It Further Ordained that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
Be It Further Ordained that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,
Be It Further Ordained that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.
Offered By: C/Soden
Seconded By: C/Simon
Julie Martin, Municipal Clerk states the public hearing and proposed adoption will be held at the April 12, 2006 Council Meeting.
Nayes: None
Absent: C/Rucker, C/Palmieri
Abstain: None
An Ordinance Amending and Supplementing Chapter 1.19, Unified Planning/Zoning Board; Land Use Procedures; Establishment; Composition of the Borough Code Book
BE IT ORDAINED by the Governing Body of the Borough of Englishtown that the following sections be amended and supplemented as follows:
R. Tax Map Revision Fee. A fee of two hundred dollars ($200.00) per lot or unit
shall be charged for all minor and major subdivisions, residential unit site plans or condominiums or cooperative residential or commercial development to cover the cost of revising the borough Tax Map. This fee shall be paid prior to signing of the final plat of a subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer.
This Ordinance shall take effect upon its passage and publication according to law.
Offered By: C/Soden
Seconded By: C/Robilotti
Julie Martin, Municipal Clerk states the public hearing and proposed adoption will be held at the April 12, 2006 Council Meeting.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nayes: None
Absent: C/Rucker, C/Palmieri
Abstain: None
Emergency Temporary Appropriations
Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2006 Budget and no adequate provision has been made in the 2006 temporary budget for the aforesaid purposes, and
Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and
Whereas, the total emergency temporary appropriation resolutions adopted in the year 2006 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $ 39,500.00
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:
1. Emergency temporary appropriations be and the same is hereby made in the amount of $ 39,500.00 as follows:
MUNICIPAL CLERK
Other Expenses $1,000.00
PERS $7,700.00
PFRS $29,500.00
PERS $ 500.00
PERS $ 800.00
2. Said emergency temporary appropriations will be provided for in the 2006 budget.
3. That one certified copy of this resolution be filed with the Director, Division of Local Government Services.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Borough of Englishtown
Resolution Introducing the Municipal Budget of the Borough Of Englishtown,
County of Monmouth, for Fiscal Year 2006, with Statements of Revenues and
Appropriations Which Shall Constitute the Local Budget for the Year 2006
Be It Resolved, that the following statements of revenues and appropriations shall constitute the Municipal budget for the year 2006.
Be It Further Resolved, that the said budget be published in The Asbury Park Press in the issue of April 12, 2006.
The Governing Body of the Borough of Englishtown does hereby approve the following as the budget for the year 2006:
1. Appropriation within "Caps"
Municipal purposes (Item H-1, Sheet 19)
(N.J.S. 40a:4-45.2) $1,167,609.00
2. Appropriations excluded from "Caps"
Municipal purposes (Item H-2, Sheet 28)
(N.J.S. 40a:4-45.3 as amended) $ 596,979.31
Total general appropriations excluded
from "Caps" (Item 0, Sheet 29) $ 596,979.31
3. Reserve for uncollected taxes (Item M,
sheet 29) -based on estimated 87% of
tax collections $ 168,103.11
4. Total general appropriations
(Item 9, Sheet 29) $1,932,691.42
5. Less: Anticipated revenues other than
current property tax (Item 5, Sheet 11)
(i.e. surplus, misc. revenues and receipts
from delinquent taxes) $1,140,318.81
6. Difference: Amount to be raised by taxes
for support of Municipal Budget (As Follows)
A. Local tax for Municipal purposes
including reserve for uncollected
taxes (Item 6 (A), Sheet 11) $ 792,372.61
Notice is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the Borough of Englishtown, County of Monmouth on March 22, 2006.
A hearing on the Budget and Tax Resolution will be held at 15 Main Street, Englishtown, NJ 07726 on April 26, 2006 at 7:30 p.m. at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.
Offered By: C/Robilotti
Seconded By: C/Simon
Mayor Reynolds states at our original budget workshop in January there was going to be a 17-cent increase tax increase to the taxpayers. Looking at the numbers and also other entities that we have no control over, we directed the CFO to go back and revise. We looked at two revenue sources and brought in an additional $50,000. That drops the budget from 17-cents to 12-cents. If we receive the extraordinary aid that would be another 6-cents. You are roughly looking at a 7-cent increase to the tax-payers.
Discussion continues regarding the 2006 budget.
A motion by C/Carr and seconded by C/Robilotti is made in favor of C/Soden’s suggestion for a 9-cent increase, using the water surplus.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Borough of Englishtown
Resolution No. 2006-064
Application to the Local Finance Board for
Budget Operations Outside "CAP" Limitations
Whereas, The Borough of Englishtown desires to make application to the Local Finance Board for its review and/or approval of a proposed Budget for the Year 2006 authorizing the utilization of Operating Appropriations outside the "CAP"; and
Whereas, the Mayor and Council of the Borough of Englishtown believes:
(a) It is in the public interest to accomplish such purpose;
(b) Said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;
(c) The amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;
(d) The proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:
Section 1. The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, and the Borough Auditor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.
Section 2. The Clerk of the Borough of Englishtown is hereby directed to prepare and file a copy of the proposed Application with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Whereas, The Extraordinary Municipal Aid Program addresses a municipality's need for additional State aid to minimize increases in it's property tax rate; and
Whereas, The governing body wishes to submit an application for said aid;
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that it hereby authorizes the submittal of The Extraordinary Aid Application-CY 2006 to the Division of Local Government Services.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Resolution No. 2006-066
Whereas, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and
Whereas, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and
Whereas, the Chief Financial Officer certifies that appropriate funds are available for the following:
Waltham, MA
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the above request(s) is approved for the purchase or order.
Offered By: C/Soden
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Resolution No. 2006-067
Resolution of the Borough of Englishtown,
County of Monmouth, State of New Jersey
Authorizing the Payment of Borough Bills
Whereas, the Mayor and Council have carefully examined all vouchers presented to the Borough for the payment of claims; and
Whereas, after due consideration of the said vouchers, the Mayor and Council have approved payment of same.
Now, therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:
1. The said approved vouchers amounting to the sum of $263,990.81 be and the same are hereby authorized to be paid on March 22, 2006.
2. The Borough Clerk be and is hereby directed to list on the page in the
Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.
Offered by: C/Soden
Seconded by: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Resolution No. 2006-068
Whereas, the Mayor and Council of the Borough of Englishtown find a need for the Borough to have an Open Space Committee; and
Whereas, the following have volunteered to be on that committee:
Jayne Carr
Cindy Robilotti
Harry Soden
Now, Therefore Be It Resolved‚ by the Mayor and Council of the Borough of Englishtown that the above are hereby appointed to the Borough of Englishtown Open Space Committee for the year 2006.
Be It Further Resolved, that a certified true copy of this Resolution be forwarded to each member of the committee.
Offered By: C/Carr
Seconded By: C/Robilotti
C/Soden asks at any time during the year can people join this committee?
Mayor Reynolds responds for now see how three is and if needed you can add additional people.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
(Smart Growth Planning)
Whereas, the Borough of Englishtown is interested in filing an FY 2006 Application to the Association of New Jersey Environmental Commission under 2006 Smart Growth Planning,
Now, therefore, be it resolved, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, that they fully support this project and hereby authorize Jayne Carr to prepare such application and submit same to ANJEC.
Offered by: C/Carr
Seconded By: C/Robilotti
C/Simon asks if there is any cost applying for that grant?
C/Carr responds no. You see what grant writers would charge though and I’ve done it for free.
C/Soden thanks C/Carr.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Rucker, C/Palmieri
Julie Martin, Municipal Clerk states I forgot to mention before, the Public Hearing on the 2006 Municipal Budget will be held on April 26, 2006 at 7:30 p.m. at Borough Hall. Anyone who would like a copy of the budget, it will be available in my office.
Current Taxes, 2006 621,511.20
Prior Taxes, 2005 18,649.65
Prior Taxes, 2004 81.95
Interest on Taxes 1,668.06
Public Portion
Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
There being no questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Carr. Passed unanimously.
Executive Session
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and
Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, pending and anticipated litigation; and
Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour, 4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.
Offered By: C/Soden
Seconded By: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Rucker, C/Palmieri
Abstain: None
The time being 8:40 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Soden, seconded by C/Robilotti. Passed unanimously.
The time being 11:18 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Carr. Passed unanimously.
The time being 11:20 P.M.
___June 14, 2006__________ ________________________
Approved by Governing Body Clerk