** AGENDA **
May 14, 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. Proclamation – “National Police Week” May 11 – 17, 2008
5. Police Recognition Awards Presentation
6. Meeting Workshop
· 2009 DOT Grant Recommendation
· Monmouth County Planning Brd. Growth Mgmt. Plan
7. Approval of Minutes – March 26, 2008
8. Proclamation – Proclaiming June as Myasthenia Gravis Awareness Month
9. Committee Reports
10. Correspondence
11. 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.
12. Old Business:
A. Ordinance No. 2008-03 - Public Hearing & Adoption
Ordinance to Exceed the Municipal Budget Appropriations Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.14)
B. Resolution No. 2008-093 - TABLED from 4/23 Mtg.
Granting Approval for Taxi License – KB Taxi Service
13. New Business:
A. Ordinance No. 2008-04 – First Reading & Introduction
Ordinance Creating Chapter 1.29 of the Code of the Borough of Englishtown Entitled “Pension Enrollment”
B. Resolution No. 2008-104
Authorizing Services Over $800 – Water Dept.- Repair to Well #2
C. Resolution No. 2008-105
Authorizing Approval of Department Requisitions
D. Resolution No. 2008-106
Authorizing Payment of Borough Bills
14. Tax Collector’s Report – April 2008
15. 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.
16. Executive Session
17. Adjournment
The meeting was called to order by Mayor Reynolds at
Roll Call: Present: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Absent: None
Also present were Peter Gorbatuk, Acting 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 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.
At this time Mayor Reynolds reads aloud Proclamation.
Councilwoman Cindy Robilotti on behalf of Mayor Reynolds and the Borough of Englishtown presented Proclamations to the following Police Officers:
Sgt. Richard Settele
Sgt. Peter Cooke
Patrolman Alex Dinicola, III
Patrolman Daniel Chernausky
Patrolman First Class Michael Macinnes
Proclamation –Proclaiming June as Myasthenia Gravis Awareness Month
There being no corrections, deletions or additions, a motion to approve the Minutes of March 26, 2008 was offered by C/Simon and seconded by C/Carr. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke,
Nayes: None
Absent: None
Abstain: C/Robilotti, C/Leonardis
Administration, Finance & Personnel
Councilwoman Cooke reports:
Councilwoman Robilotti reports:
Councilman Soden reports:
Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to call around and see if we can find a scrap metal place that will take it.
Councilwoman Carr reports:
Councilman Simon reports:
Peter Gorbatuk, Acting Municipal Clerk
· I will advise Cablevision that this is a County Road so that they can get in touch with the Sheriff.
· Received call from Senator Jennifer Beck’s office regarding COAH meeting tomorrow in Trenton. If anyone is going please let me know.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Isabele Lewis, Park Avenue
There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Soden. Passed unanimously.
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 2008 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 $14,424.00 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 2008 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 $50,483.00, and that the CY 2008 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.
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.
There being no questions or comments, a motion to close the public hearing was
offered by C/Soden and seconded by C/Carr. Passed unanimously.
A motion to adopt Ordinance No.2008-03, above titled, was offered by C/Soden and
Seconded by C/Simon. Passed on the following roll call:
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-093
GRANTING APPROVAL FOR TAXI LICENSE
WHEREAS, Keith Berman of Manalapan, N.J. owner of KB Taxi Services has applied to the Governing Body of the Borough of Englishtown for a Taxi License to operate within the municipal boundaries of the Borough of Englishtown for the 2008 calendar year; and
WHEREAS, the applicant submitted to the Borough of Englishtown all required insurance, registration, and motor vehicle information requested pursuant to Borough of Englishtown Code, Chapter 2.117.
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that said application has been approved and the Acting Municipal Clerk is authorized to issue Keith Berman of Manalapan, N.J – KB Taxi Services Taxi License No. 112 for the period April 23, 2008 through December 31, 2008, to be renewed annually.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution and Taxi License No. 112 be forwarded to Keith Berman, Acting Municipal Clerk and the Borough of Englishtown Police Dept.
Offered By: C/Soden
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
New Business
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2008-04
ORDINANCE CREATING A NEW CHAPTER
CHAPTER 1.29
OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED
“PENSION ENROLLMENT”
WHEREAS, the State of New Jersey has passed legislation effective July 1, 2007, requiring a delineation of Borough Personnel eligible for and required to be enrolled in the Defined Contribution Retirement Program; and
WHEREAS, the State has required that this delineation be in the form of an ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.29 of the Code of the Borough of Englishtown is hereby created as follows:
Chapter 1.29. Pension Enrollment
1.29.01. Identification of Pension Programs.
Borough Personnel are eligible for enrollment in various State pension programs, including Public Employees’ Retirement System (hereinafter “PERS”), Defined Contribution Retirement Program (hereinafter “DCRP”), and Police and Firemen’s Retirement System.
1.29.02. Required Participation.
Unless otherwise exempted, the following persons shall be eligible and shall participate in the Defined Contribution Retirement Program:
A. A person commencing a position as Borough Councilperson on or after July 1, 2007, or any elected official who commenced such position prior to that time, but was out of office on any date after July 1, 2007, or who was not enrolled in PERS on any date after July 1, 2007.
B. Any person appointed to a position within the Borough whose appointment requires the consent of the Borough Council, except:
1. Routine appointments below the level of Department Head.
2. Persons holding a professional license or certificate to perform and is performing as a Certified Health Officer, Tax Assessor, Tax Collector, Municipal Planner, Chief Financial Officer, Registered Municipal Clerk, Construction Code Official, Licensed Uniform Subcode Inspector, Qualified Purchasing Agent, or Certified Public Works Manager.
3. A person who is appointed to a temporary or “acting” capacity to one of the positions identified in Section 1.29.02.A.2. above, provided that appointment is for a limited term in order to give the person the opportunity to obtain a required certification.
4. In the event a person has more than one position within the Borough, and one position is DCRP mandated and the other is not, the person’s salary shall be prorated between the positions to effectuate this ordinance.
C. Any person who is granted a pension or retirement allowance under any pension fund or retirement system established by the State of New Jersey, who chooses to participate in DCRP pursuant to N.J.S.A. 43:3C-3 upon being elected to public office.
D. To the extent any individual otherwise eligible for the DCRP is enrolled in the Teachers’ Pension and Annuity Fund or PERS and is subject to the annual maximum wage contribution base for Social Security, that individual is eligible only for the excess compensation, if any, over such maximum wage contribution.
1.29.03. Exclusion for Police and Firemen’s Retirement System.
This ordinance is not applicable to any Borough personnel enrolled in or who becomes enrolled in the Police and Firemen’s Retirement System.
1.29.04. Exclusion for PERS enrollees.
The requirements for enrollment in the Defined Contribution Retirement Program set forth in this ordinance are not applicable to any of the following:
A. Any person appointed to a position within the Borough who has, at the time of appointment, been a member of PERS continually. Continually shall mean that the individual was a member of PERS prior to July 1, 2007, and for whom a period of no more than two years has elapsed from the time the individual left prior employment in a PERS position to the time of appointment by the Borough.
B. Borough Personnel who are members of PERS who are promoted to a position defined as requiring DCRP enrollment, except that an individual hired in a PERS position with the intention of circumventing the DCRP requirements, shall not be eligible to remain in as a PERS enrollee rather than DCRP.
1.29.05. Categorical Exclusions.
The following persons shall not be eligible to participate in DCRP:
A. The person’s base salary for that employment, office or position is less than $1,500 per year.
B. The person is eligible, by virtue of the position in question, for enrollment as a member of another State or locally administered pension fund or retirement system established by the State, unless otherwise mandated by this ordinance to participate in DCRP.
C. The person is receiving a benefit as a retiree from any other State pension fund or retirement system, unless they elect to participate in DCRP pursuant to N.J.S.A. 43:3C-3.
D. The person is ineligible for membership in PERS by virtue of being a person appointed by a professional services resolution.
1.29.06. Waiver of Participation
The following persons may waive participation in DCRP:
A. Any person whose base salary is less than $5,000 may, at the commencement of service in a particular employment, office or position, may irrevocably waive participation with regard to that employment, office, or position by filing the forms required by the State of New Jersey.
B. Any person eligible to participate by virtue of Section 1.29.02.D may elect to waive participation with regard to that particular employment, office or position by filing, when first eligible, the form required by the State of New Jersey. This shall not be irrevocable, and the person can elect to participate thereafter, by filing the required form, which election shall commence on the January 1 following the filing of the election to participate.
1.29.07. Identification of Positions.
Subject to the foregoing exceptions, exclusions and waivers, the following positions within the Borough shall be deemed to be within the requirements for DCRP participation:
Borough Administrator Zoning Officer
Municipal Judge Housing Inspector
Police Chief Code Enforcement Officer
Municipal Court Administrator Fire Official
Water/Sewer Superintendent
BE IT FURTHER ORDAINED THAT this Ordinance shall take effect upon passage and publication in accordance with applicable law.
Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-04 is scheduled for the May 28, 2008 Council Meeting, 7:30 p.m. at Borough Hall.
RESOLUTION NO. 2008-104
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:
Water Dept. – Repair to Well #2 - $1385.77
Purchased From:
A.C. Schultes Inc.
664 South Evergreen Avenue
Woodbury, N.J. 08096
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, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-105
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 $5,887.61
are hereby authorized to be processed into purchase orders on May 14, 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/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. 2008-106
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 $372,441.23
are hereby authorized to be paid on May 14, 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
Resolution 2008-107 is added to the agenda at this time.
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-107
Reinstatement of Property Maintenance Code
and Housing Standards Chapters of the
Borough of Englishtown Code Book
WHEREAS, by Resolution No. 2007-067, entitled “Ceasing of Property Maintenance Program and Rental Housing Program and passed March 14, 2007 the Borough of Englishtown resolved to cease enforcement of Chapter 2.100, Property Maintenance Code and the amendments to Chapter 2.81, Housing Standards; and
WHEREAS, the Mayor and Council determined to set aside a period of time within which to review the needs of the Borough with respect to these two portions of the Code: and
WHEREAS, full exploration was to be completed by July 1, 2007; and
WHEREAS, the Mayor and Council now wish to renew enforcement of Chapter 2.100 and Chapter 2.81, with the exception of Section 2.81.03, entitled “Rental Property Registration:”
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough recommences enforcement of Chapter 2.100 and Chapter 2.81 of the Code of the Borough of Englishtown, with the exception of Section 2.81.03 entitled “Rental Property Registration.
BE IT FURTHER RESOLVED, that Chapter 2.81.03 will not be enforced until such time as further investigation is performed and recommendations are reported to the Mayor and Council with respect to the viability and procedures of future enforcement of said Section, which report is to be made by the council subcommittee with responsibility for said investigation no later than July 1, 2008.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the Borough Administrator, Borough Clerk, Code Enforcement Officer, Borough Attorney, and Police Chief.
Offered By: C/Soden
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
Taxes 2008 $420,716.18
Taxes 2007 $ 7,032.11
Interest & Penalties $ 866.67
Duplicate Bill Fee $ 85.00
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/Robilotti. Passed unanimously.
Executive Session
There was no Executive Session this evening.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Robilotti. Passed unanimously.
The time being 8:52 P.M.
___June 25, 2008__________ ________________________
Approved by Governing Body Acting Municipal Clerk