** AGENDA **
July 9, 2008
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. Meeting Workshop
· Finalization of Hamilton Street Municipal Parking Lot
5. Approval of Minutes – May 28, 2008
6. Committee Reports
7. Correspondence
8. Borough Engineer’s Monthly Report – July 2008
9. 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.
10. New Business
A. Ordinance No.2008-06 – First Reading & Introduction
Establishing Limits for Salaries of the Employees
B. Resolution No. 2008-131
Amending Central Jersey Health Insurance Fund Plan Document
C. Resolution No. 2008-132
Authorizing Use of N.I.M.S.
D. Resolution No. 2008-133
Authorization of Purchases Over $800
Tax Dept. – Tax Collector I Course – Celia Hecht
E. Resolution No. 2008-134
Authorization to Advertise and Solicit Proposals for Garbage Collection
F. Resolution No. 2008-135
Authorization to Advertise and Solicit Proposals for Recycling Collection
G. Resolution No. 2008-136
Emergency Temporary Appropriations
H. Resolution No. 2008-137
Supporting “Transparency in Government Act”
I. Resolution No. 2008-138
Authorizing Approval of Department Requisitions
J. Resolution No. 2008-139
Authorizing Payment of Borough Bills
11. 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 implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.
12. Executive Session
13. Adjournment
The meeting was called to order by Mayor Reynolds at 7:34 P.M.
Roll Call: Present: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Absent: *C/Simon
Also present were Peter Gorbatuk, Acting Municipal Clerk, Laurie Finger, Borough Administrator 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 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.
Mayor Reynolds asked Laurie Finger, Borough Administrator if we received correspondence back from our local businesses regarding how many parking spots they need for their employees?
Laurie Finger, Borough Administrator responds 56 letters were sent out with return addressed envelopes and only 16 responses were received.
Mayor Reynolds states at the June 11th Council Meeting we talked about having 17 parking spots 10 of which will be 2- hour parking, leaving 5 spots for commuters, and 2 handicapped spots with no time limit. Letters were sent out to The Board of Education and Englishtown Antiques asking to use their parking lot for overflow parking. As of yet we have not received an answer back. Laurie Finger, Borough Administrator will follow up.
Laurie Finger, Borough Administrator responds that the Board of Education will have to bring our request to use their parking lot for borough business’s employee parking before the School Board Committee at their meeting.
Mayor Reynolds asks Laurie Finger, Borough Administrator to follow up on when their next meeting is.
C/Carr
· We need to go to the Planning Board and find out what parking spots were designated to each business at the time of approval.
Mayor Reynolds asks that discussion of Hamilton Street Municipal Parking Lot be moved to the next regular Council Meeting so that we can find out more information from the Planning Board and receive response from Board of Education.
*At this time C/Simon arrives.
There being no corrections, deletions or additions, a motion to approve the Minutes of May 28, 2008 was offered by C/Robilotti and seconded by C/Leonardis. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: None
Abstain: C/Simon
Administration, Finance & Personnel
C/Carr asks Peter Gorbatuk, Acting Municipal Clerk to copy Council when he receives correspondence from the County.
Councilwoman Cooke reports:
· Monthly Inspectors Report from Code Enforcement & Fire Bureau is available for anyone who would like to read it.
· Ed Miller Code Enforcement Officer is home from the hospital and feeling better. He thanked Council for their well wishes.
Mayor Reynolds states not at this time, lets wait and see what they first have to offer.
Councilman Soden reports:
Councilwoman Carr reports:
Discussion regarding who should be responsible for monthly reports and time keeping for community service people continues between Mayor Reynolds and Council.
C/Carr states no until there is further explanation.
Councilman Simon has nothing to report at this time.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
There being no questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Simon. Passed unanimously.
COUNTY OF MONMOUTH, STATE OF NEW JERSEY
BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:
Ordinance Numbers 2002-03, 2002-14 and 2003-02 are hereby amended and supplemented:
Section I: The annual salary range is established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.
POSITION Minimum Maximum
Chief of Police $65,000.00 $95,000.00
Section II: In addition, the Chief of Police shall receive benefits received by other
Police Officers in the Borough, except for benefits which are inconsistent with the Chief’s
position as a managerial executive.
Section III: Salaries shall be set forth by Resolution of Mayor and Council within
the aforementioned salary guidelines.
Section IV: Payment of salaries shall be in equal bi-weekly, semi-monthly, monthly,
quarterly or other installments as the Mayor and Council may from time to time resolve.
Section V: All ordinances or parts of ordinances inconsistent with this ordinance
are hereby repealed.
Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-06 is scheduled for the July 23, 2008 Council Meeting, 7:30 p.m. at Borough Hall.
RESOLUTION NO. 2008-131
COUNTY OF MONMOUTH, STATE OF NEW JERSEY AMENDING
CENTRAL JERSEY HEALTH INSURANCE FUND PLAN DOCUMENT
WHEREAS, the Borough of Englishtown is a member of the Central Jersey Health Insurance Fund (CJHIF); and
WHEREAS, the Borough of Englishtown’s Plan Document filed with the CJHIF for eligibility of enrollment into the Employee Health Coverage Program does not reflect the Borough of Englishtown’s revisions to the Employee Personnel Policy adopted on April 23, 2008, which adheres to the Fund Administrator’s Plan Document for Employee Health Coverage eligibility.
NOW, THEREFORE, BE IT RESOLVED, that the CJHIF Plan Document be amended and the current waiting period of ninety (90) days be replaced by the following:
BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent
C.J.H.I.F, Borough Administrator and Acting Municipal Clerk
Offered by: C/Robilotti
Seconded by: C/Carr
C/Robilotti
Laurie Finger, Borough Administrator states because we are inconsistent with C.J.H.I.F’S plan document.
Mayor Reynolds states then we need to amend our Personnel Policy Ordinance.
Roll Call: Ayes: None
Nays: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Absent: None
Abstain: None
///// RESOLUTION DEFEATED \\\\\
AUTHORIZING THE USE OF N.I.M.S.
(NATIONAL INCIDENT MANAGEMENT SYSTEM)
WHEREAS, in Homeland Security Presidential Directive (HSPD) 5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and Local governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the 9-11Commission recommended adoption of a standardized incident Command System; and
WHEREAS, it is necessary that all Federal, State, and Local emergency management agencies and other public safety agencies coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and Local organizations utilize standard terminology, standardized organizational structures, uniform personnel qualifications standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability to utilize State and Federal funding to enhance County and Local agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, County, and Local Municipalities, including all public safety and emergency response organizations training programs; and
WHEREAS, over fifty Federal grant programs mandate that NIMS be adopted as a prerequisite for obtaining these grants;
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the National Incident Management System (NIMS) be utilized for all incident management in the Borough of Englishtown;
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be distributed to the Officer of Emergency Management and Chief of Police.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-133
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:
Tax Dept. – Tax Collector I Course for Celia Hecht - $817.00
Purchased From:
Rutgers State University
33 Livingston Avenue, Suite 200
New Brunswick, N.J. 08901-1979
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/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-134
TO ADVERTISE AND SOLICIT PROPOSALS FOR
GARBAGE COLLECTION PURPOSES
WHEREAS, the Borough of Englishtown is a duly organized Municipal Corporation of the State of New Jersey; and
WHEREAS, the Borough of Englishtown and its residents are in need of garbage collection services; and
WHEREAS, prevailing New Jersey Law requires that prior to awarding a contract, the Borough advertise and solicit proposals from would-be contractors; and
NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Englishtown as follows:
1. That the Borough of Englishtown is hereby authorized to advertise and solicit standard and acceptable bids for garbage collection services.
2. That such advertising/soliciting shall conform with prevailing provisions of New Jersey Law.
3. That the Mayor, Clerk, Borough Engineer, Borough Attorney and any other appropriate representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution.
4. That within Resolution shall be effective immediately.
Offered By: C/Simon
Seconded By: C/Robilotti
Stuart Moskovitz, Borough Attorney states under our Ordinance the owner/operator and occupant of commercial property is responsible for its own garbage. When I wrote agreement and bid proposal it included commercial pick-up but shouldn’t.
Mayor Reynolds asked if Council is in favor of having businesses responsible for its own garbage? Council consensus unanimous.
Stuart Moskovitz, Borough Attorney states he will change agreement and bid proposal to indicate residential and not commercial.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-135
TO ADVERTISE AND SOLICIT PROPOSALS FOR
RECYCLING COLLECTION PURPOSES
WHEREAS, the Borough of Englishtown is a duly organized Municipal Corporation of the State of New Jersey; and
WHEREAS, the Borough of Englishtown and its residents are in need of recycling collection services; and
WHEREAS, prevailing New Jersey Law requires that prior to awarding a contract, the Borough advertise and solicit proposals from would-be contractors; and
NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Englishtown as follows:
1. That the Borough of Englishtown is hereby authorized to advertise and solicit standard and acceptable bids for recycling collection services.
2. That such advertising/soliciting shall conform with prevailing provisions of New Jersey Law.
3. That the Mayor, Clerk, Borough Engineer, Borough Attorney and any other appropriate representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution.
4. That within Resolution shall be effective immediately.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-136
EMERGENCY TEMPORARY APPROPRIATIONS
WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2008 Budget and no adequate provision has been made in the 2008 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 2008 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $837,109.00
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 $7,600.00 as per attached sheets.
2. Said emergency temporary appropriations will be provided for in the 2008 budget.
3. That one certified copy of this resolution be filed with the Director, Division of Local Government Services.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-137
SPONSORED BY SENATOR JOE PENNACCHIO
THE “TRANSPARENCY IN GOVERNMENT ACT” WHICH WOULD
PROVIDE FOR ESTABLISHMENT OF STATE PUBLIC FINANCE WEBSITE
WHEREAS, the clamor of eliminating waste, fraud and abuse is often stated, but rarely addressed and efforts to do so are nearly impossible; and
WHEREAS, transparency in government is necessary to identify State spending and where State taxpayer dollars are going; and
WHEREAS, a State public finance website which would retain and display data and information on the State’s annual revenues, expenditures and total bonded indebtedness is necessary; a user-friendly source of information to track State revenues and expenditures and to gauge it’s past and present levels of indebtedness; and
WHEREAS, the State website would include information such as contractual service purchases, salaries, and wages, gifts and grants and bonded obligations and must be accessible to the public no later than 45 days following the close of each fiscal year; and
WHEREAS, a bi-partisan approach to improving transparency, identifying waste and eliminating abuse at each level of State government and the establishment of the Public Finance Transparency Committee would facilitate the organization, development and maintenance of the website; and
WHEREAS, Senator Joe Pennacchio has introduced S-445 the “Transparency in Government Act”, to establish such aforementioned State public finance website and Public Transparency Committee.
THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown voice our support of Senator Pennacchio’s bill, S-445, the Transparency in Government Act”.
BE IT FURTHER RESOLVED, a certified copy of this resolution shall be sent to Governor Jon S. Corzine, Senate President Richard J. Codey, Senate Minority Leader Tom Kean, Jr. and Senator Joe Pennacchio.
Offered by: C/Robilotti
Seconded by: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: None
Abstain: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-138
COUNTY OF MONMOUTH, STATE OF NEW JERSEY
AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS
WHEREAS, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and
WHEREAS, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $5,192.18
are hereby authorized to be processed into purchase orders on July 9, 2008.
2. The Borough Clerk is hereby directed to list on the page in the
Minutes Book following the minutes of this meeting all of the said requisitions hereby authorized to be processed into purchase orders.
Offered By: C/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-139
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 $124,000.28
are hereby authorized to be paid on July 9, 2008.
2. The Borough Clerk 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/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
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.
Mr. Brian Brach
C/Carr
Mayor Reynolds states there is a major concern that the gas company seals it properly.
Stuart Moskovitz, Borough Attorney
Mayor Reynolds states if granted he would like the hole dug before October/November.
Mayor Reynolds asks that Mr. Brach gather as much information and cost of the maintenance bond for our July 23rd Council Meeting.
Laurie Finger, Borough Administrator
C/Carr
Laurie Finger, Borough Administrator responds a little less than 1%.
Council consensus unanimous to move forward.
Laurie Finger, Borough Administrator
1. Our estimated tax bills were sent out in June with a 3-cent increase in the local municipal tax rate.
2. 2008 State Revenue that was originally taken away was $128,206 that represented a 5-cent increase to taxpayers. By using a ONE-TIME Revenue source of $53,000 from General Capital Surplus, the Borough was able to offset that increase to 3-cents.
3. Revised State Aid numbers now indicate that Englishtown will have some aid restored in the amount of $69,117 however $18,141 of that money belongs to the school district as Business Personal Property Tax Adjustment. The Borough will only realize $50,976 as Restored State Aid, which represents a 2-cent reduction.
4. Unfortunately at this time, with declining interest rates, the amount of Interest on Investment anticipated of $47,000 is an unrealistic number. This amount should be reduced to $20,000, which is a 1-cent increase.
· If Council agrees, the Borough will be introducing its 2008 Municipal Budget on July 23rd with a 2-cent increase to the local municipal tax rate. The overall 2008 Tax Rate, including municipal, school, county and fire will be an increase of 3 ½ cents.
Mayor Reynolds states if you look at your older homes taxes went up, homes built within 5-9 years taxes went down due to the fact of being hit with new tax rate when they bought their home. We will have this available for the public at the July 23rd Council meeting.
C/Soden
Laurie Finger, Borough Administrator responds:
With all of that I only anticipate $20,000 worth of interest being earned this year.
C/Soden
How much interest will we generate from tomorrow on with what we have in funds before the end of the year?
Discussion continued between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney regarding interest.
Mayor Reynolds asks Laurie Finger, Borough Administrator if she can have the exact figure that C/Soden requested for the July 23rd Council Meeting?
Laurie Finger, Borough Administrator responds yes.
Mayor Reynolds asks if Council would like to delay budget introduction till the July 23rd Council Meeting. Council unanimously agree.
There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti. 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 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/Simon
Seconded By: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: None
Abstain: None
The time being 9:45 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/Simon. Passed unanimously.
The time being 10:17 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 10:18 P.M.
____August 27, 2008_______ ________________________
Approved by Governing Body Acting Municipal Clerk