** AGENDA **

November 12, 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 – Proclaiming November 2008 as National Caregivers Month

5.        Approval of Minutes – September 10, 2008

6.        Committee Reports

7.            Correspondence

   8.   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.

 9.            New Business

A.         Ordinance No. 2008-11 – First Reading & Reintroduction

            Amending Chapter 1.30 Entitled “Personnel Policies”

B.         Ordinance No. 2008-12 – First Reading & Introduction

                        Amending Chapter 2.121 Entitled “Vehicles & Traffic”

C.         Resolution No. 2008-194

Authorizing Appropriation Transfer

D.         Resolution No. 2008-195

                        Authorizing Services Over $800

                        Continued preparation of Housing Element & Fair Share Plan

E.         Resolution No. 2008-196

                                    Authorizing Purchases Over $800

            Municipal Court – Bullet Resistant Window

F.         Resolution No. 2008-197

            Release of Performance Bond – Baker Residential

G.        Resolution No. 2008-198

            Authorizing Approval of Department Requisitions

H.        Resolution No. 2008-199

            Authorizing Payment of Borough Bills

10.            Tax Collector’s Report

            11.            Executive Session

12.      Public Portion – non-agenda items

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.

13.            Executive Session

            14.            Adjournment

The meeting was called to order by Mayor Reynolds at 7:32 P.M.

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, Laurie Finger, Borough Administrator, Stuart J. Moskovitz, Borough Attorney and Tom Herits, Borough Engineer.

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.

Proclamation – Proclaiming November 2008 as National Caregivers Month

At this time Mayor Reynolds reads aloud Proclamation.

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of September 10, 2008 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

Roll Call:            Ayes:         C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis    

                      Nayes:           None

                     Absent:           None

                    Abstain:            None

Committee Reports

Administration, Finance & Personnel

Councilwoman Leonardis has nothing to report at this time.

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

• Halloween Party went very well; thanked volunteers for their help and also Fire Department for use of their building.

Public Safety

 Councilwoman Robilotti reports:

• Thanked everyone for coming out tonight.
• Thanked everyone who voted for her.
• Police Activity Report for October 20^th thru November 9^th total calls were 555 which 152 were motor vehicle stops, routine calls for service 318. Additionally reads aloud arrest report from January 1^st thru November 4^th.
• Attended the Joint Summit Meeting on October 27^th along with C/Soden and Laurie Finger, Borough Administrator.  Officials were just elected and they are still forming the group.
• Starting in December, C/Robilotti would like to reach out to the community by being available at Borough Hall once a month for the residents to speak with her on a one to one basis.  She will supply coffee.
• Attended the Scenic Byway Meeting with C/Carr, which will be elaborated in her committee report.

Public Utilities

Councilman Soden has nothing to report at this time.

Public Buildings & Grounds

Councilwoman Carr reports:

• At the Scenic Byway meeting that we attended they did a presentation on what it would take to apply to become part of the Scenic Byway. They are trying to do a scenic byway that leads from Upper Freehold Township down to Freehold and would like to do it as one long contingent although the criteria of each town being a scenic byway may differ.
• C/Soden and I met with some of the representatives of the Improvement Authority about a month ago; I had asked our Auditor to give us the numbers on our investments to see if there will be any savings in participating in the Improvement Authority.
• We need an alternative site for the Holiday Hayride because a huge amount of artifacts have been donated to the Village Inn and the Board does not want them disrupted.

Legislative, Insurance & Licenses

Councilman Simon has nothing to report at this time:

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        Darlene Jay of Maser Consulting is working on our Third Round COAH Certification and has requested that we have a joint meeting with the Planning/Zoning Board either on December 15^th which would be our regular scheduled meeting, December 16^th which would be their regular meeting or December 17^th which could not be held here due to Court night and would have to be held in The Village Inn.

Mayor Reynolds asks that Peter Gorbatuk, Acting Municipal Clerk contact Darlene Jay to see if December 15^th is good.

Peter Gorbatuk, Acting Municipal Clerk

• Would like Council to look over the 2009 Council Meeting Schedule included in their packets for any changes and confirmation for the next Council Meeting.

• We received correspondence from Joint Insurance Fund regarding the Elected Officials Training Seminars.  Please respond with your intention of attending and I will inform them.

Mayor Reynolds states the closest seminar is in Wall Township on December 11^th at 7:00 P.M.

Peter Gorbatuk, Acting Municipal Clerk

• The County Road Department has put up the Duck Crossing Signs by Weamaconk Lake and Agway.
• Received thank you letter from Kaleidoscope of Hope for proclaiming September Ovarian Cancer Awareness Month.

Public Portion – Agenda Items

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/Soden and seconded by C/Simon.  Passed unanimously.

New Business

BOROUGH OF ENGLISHTOWN                 FIRST READING & REINTRODUCTION

ORDINANCE NO. 2008-11

ORDINANCE AMENDING

CHAPTER 1.30

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“PERSONNEL POLICIES”

WHEREAS, the Borough Council of the Borough of Englishtown passed a resolution adopting a personnel policy regarding procedures for Borough employees; and

WHEREAS, the Borough desires to assure that its personnel policy is consistent with its personnel ordinances;

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.30 of the Code of the Borough of Englishtown is hereby amended as follows:

1.         Section 1.30.01 shall be replaced in its entirety by the following:

1.30.01 Right to create positions and policy.

The Council reserves the right, in its discretion, upon the recommendation of the Mayor, to create any new positions, specifically, the number of employees in each category and determination of the dates of any such position, and establish the normal hours of work for each such position.

2.         Section 1.30.03 shall be replaced in its entirety by the following:

1.30.03 Leaves of absence for service in the armed forces.

A. Any full time employee who is a member of the reserve component of any United States armed force or the National Guard of any state who is required to report for active duty shall be granted a military leave of absence for the duration of such service.

B. The first thirty (30) workdays of such leave for all such employees shall be with full pay except those who are members of the New Jersey National Guard who shall receive full pay for the first ninety (90) work days. The Borough reserves the right to provide additional pay during this period as set forth in the personnel policy.

C. Such paid leave shall not be counted against any available time off, including, but not limited to, vacation, sick or personal time.

                      D. Any full-time temporary employee who has served less than one year shall not be entitled to paid leave, but shall be granted non-paid military leave without loss of time.

E. Employees on military service leave will continue to received paid health insurance for the period of paid leave plus an additional thirty calendar days subsequent to the expiration of paid leave. Subsequent to that, the employee shall be subject to COBRA benefits. Members enrolled in the State administered retirement programs will continue accruing serve and salary credit during the period of paid leave.

F. The employee and the Borough are subject to the Uniformed Services Employment and Re-employment Rights Act regarding reinstatement.

3.         Section 1.30.04 shall be replaced in its entirety with the following:

1.30.04. Workers’ Compensation.

The Borough will cover job related injuries and illnesses as set forth in the personnel policy of the Borough of Englishtown, provided that the occupational injury or illness is reported immediately to the supervisor or

Department Head, all required medical treatment was performed by a Workers’ Compensation Physician appointed by the joint insurance fund and other terms and conditions set forth in the personnel policy have been met.

Additionally, the Borough will supplement any payments received as workers compensation for temporary disability to equal an employee’s full salary for up to one year during the period the employee remains temporarily disabled under workers’ compensation.

Vacation and sick leave do not accrue while an employee is out on approved Workers’ Compensation leave.

4.         Section 1.30.05 shall be replaced in its entirety by the following:

1.30.05 Health Insurance.

A. The Mayor and Council hereby elect to participate in providing health insurance, including medical, dental and prescription insurance, for all non-temporary full time personnel.

B. In any given year, the Council may by resolution, provide that employees will be required to pay a portion of health insurance benefits.

C. All coverage will become effective on the first day of the calendar month following 60 days of employment. All terminations will be effective on the last day of the month when an employee leaves his job. Upon termination of employment, a former employee shall notify the Borough in writing as set forth in the personnel policy as to whether the employee has opted to continue medical coverage under COBRA provisions.

5.         Section 1.30.06 shall be replaced in its entirety by the following:

1.30.06 Sick days.

Each salaried employee shall be permitted ten (10) sick days per year which may not be accumulated on an annual basis. Use and proration of entitlement shall be as set forth in the personnel policy.

6.         Section 1.30.07 shall be replaced in its entirety by the following:

Salaried employees who have completed a 90 day probationary period of employment will receive annual vacation leave as follows:

One day for each full month of service during the first calendar year. 12 vacation days per year, earned at a rate of 1 day per month for the second through fifth years of service. 15 vacation days per year earned at a rate of 1.25 days per month for the sixth through tenth years of service. 20 vacation days per year earned at a rate of 1.67 days per month for the eleventh through fifteenth years of service. 20 vacation days plus one additional day for each year of service above fifteen years of service, up to a maximum of 30 vacation days earned at a rate of 1/12 of the annual vacation entitlement per month.

All vacation time is subject to the procedural requirements and limitations set forth in the personnel policy.

7.         Section 130.08 shall be replaced in its entirety by the following:

Salaried employees who have completed a 90-day probationary period of employment will receive three personal days per year, credited on January 1^st of each calendar year, all of which are forfeited at the end of the calendar year. Such personal time may be taken in ½ day increments. Employees hired prior to July 1^st of any calendar year are entitled to the three personal days for that calendar year upon completion of the 90-day probationary period. Use and proration of personal days shall be as set forth in the personnel policy.

8.         Section 1.30.09 shall be replaced in its entirety by the following:

1.30.09 Miscellaneous leaves of absence.

A. Bereavement leave. In the event of a death in the immediate family of the employee, the employee shall be granted three (3) days leave with pay per incident within the State of New Jersey. Employees needing to travel beyond three hundred (300) miles may be granted an additional to (2) days leave for travel time upon proper documentation. “Immediate family” shall be defined by the personnel policy.

B. Family medical leave. Family/medical leave will be considered based upon the New Jersey Family Leave Act, on a case-by-case basis, in accordance with the personnel policy, including applicability, ramifications and procedure for obtaining same.

C. Maternity leave. Employees of the Borough are eligible for unpaid leave of absence for maternity as set forth in New Jersey and federal law and regulations (including paternity leave). In addition to granted maternity leave, employees may extend the leave time through vacation, sick and compensatory time. Employees taking maternity or paternity leave shall continue to be eligible for paid health insurance coverage under the Borough policy.

D. Extended personal leave. Employees may be granted a personal leave of absence for up to one (1) year at the sole discretion of the Borough Council if the leave does not cause undue operational disruption. The leave must include the use of any accrued vacation and sick leave time, regardless of the length of leave requested. The portion of the leave that extends beyond vacation and sick leave time will be without pay or longevity credit. In exception circumstances, the Borough Council may extend a leave of absence for an additional six months, if such extension is considered in the best interests of the Borough. All such grants of leave shall be in accordance with and subject to the ramifications and procedure set forth in the personnel policy.

E. Jury duty/Witness subpoena. Employees summoned for jury duty shall be paid their regular rate of pay (but not expenses) by the Borough. Any compensation received by the employee as a juror shall be returned to the Borough. Employees who appear in a civil or criminal case pursuant to a subpoena will be paid in full if the case involves their official capacity. In the event the case does not involve their official capacity, the Borough will exercise its discretion in determining whether to grant a paid leave of absence.

9.         Section 1.30.10 shall be replaced in its entirety by the following:

1.30.10  Compensatory time and overtime.

A. The Department Head or Borough Administrator shall determine whether an employee will receive overtime pay or compensatory time, except where inconsistent with a labor contract, for all hours worked in excess of the normal hours per week for the position. All such compensatory time shall be calculated in accordance with and subject to the procedures and limitations set forth in the personnel policy.

B. All employees are subject to being required to work overtime in accordance with the personnel policy. Payment for such overtime and the procedures and limitations therefore shall be as set forth in the personnel policy.

10.       Section 1.30.11 shall be replaced in its entirety by the following:

1.30.11  Paid holidays.

A. Unless otherwise provided in a labor contract, Borough employees are entitled to the following paid holidays:

                        New Year’s Day                               ** General Election Day

                        Martin Luther King’s Birthday            Veteran’s Day

                        President’s Day                                   Thanksgiving Day

                        Good Friday                                      Friday after Thanksgiving

                        Memorial Day                                          ½ Day Christmas Eve (falling on Mon-Thurs. only)

                        Independence Day                              Christmas Day

                                Labor Day                                                          ½ Day New Years Eve (falling on Mon-Thurs. only)

                        Columbus Day                                     

**General Election Day is a floating holiday. The Borough offices remain open. Employees who choose to work on that day are entitled to a compensatory day off at another time.

B.  If a paid holiday falls on a Sunday, it will be observed on the following Monday. If a paid holiday falls on a Saturday, it will be observed on the preceding Friday.

C. If a paid holiday occurs while an employee is on approved vacation or sick leave, the employee shall not have that holiday charged as sick or vacation time.

D. If a paid holiday occurs on the normal workday of a part-time employee, the employee is entitled to his/her regular part-time pay.

E.   When it is necessary for an employee to work on a paid holiday to maintain operations, the employee will be compensated in accordance with the policy manual provisions for overtime.

11.       Section 1.30.12 shall be deleted in its entirety and the section number shall be designated as “reserved.”

BE IT FURTHER ORDAINED THAT All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

BE IT FURTHER ORDAINED THAT this Ordinance shall take effect upon publication in accordance with applicable law.

First Reading and Reintroduction on Ordinance No.2008-11 was passed on the following roll call:

Offered by:                   C/Carr            

Seconded by:                C/Leonardis

Roll Call:          Ayes:     C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                        Nays:     None   

                        Abstain: None

                        Absent:  None

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-11 is scheduled for the November 24, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2008-12

ORDINANCE AMENDING

CHAPTER 2.121

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“VEHICLES AND TRAFFIC”

WHEREAS, N.J.S.A. 39:4-138 currently prohibits parking in front of a public or private driveway even by the resident of the property; and

WHEREAS, N.J.S.A. 39:4-138.3 permits the Borough to allow the parking of motor vehicles in front of private driveways in certain circumstances; and

WHEREAS, the Borough wishes to enable homeowners and residents to avail themselves of this opportunity;

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.121 of the Code of the Borough of Englishtown is hereby amended as follows:

I.          Section 2.121.51 shall be renumbered and codified as 2.121.21.

II.        There shall be a new Article II of Chapter 2.121 entitled “Parking Permitted.”

III.       The following new sections shall be added to Chapter 2.121:

§2.121.22 through §2.121.25 shall be identified as “reserved” and saved for future use as part of Article I.

§2.121.26. Parking in front of driveways.

Parking shall be permitted in front of private driveways whenever both the motor vehicle and driveway involved are owned by the same person, whenever the motor vehicle is owned by a member of the same household as the owner of the private driveway, or whenever the owner of the private driveway authorizes the parking of a motor vehicle in front of the private driveway. Parking will be permitted in accordance with this section only if the following conditions are met:

a.   such parking is not otherwise prohibited;

b.   the permitting of the parking will not interfere with the normal flow of traffic; and

c.   a permit has been obtained and displayed in accordance with this ordinance.

§2.121.27. Obtaining of Permits.

The Borough, upon presentation of a proper application, to be designed, provided and received completed by the Municipal Clerk, shall provide a permit to allow parking in accordance with section §2.121.26 herein, provided there is no statute or ordinance otherwise prohibiting such parking, and further providing there is no other reason to prohibit such issuance involving the safety of the travelers of the road in question or the general community.

The permit shall identify the location of the driveway in front of which the parking of a motor vehicle is permitted. The permit shall only be issued to the owner of the private driveway or a member of the same household as the owner of the private driveway.

The permit shall be 5 ½ inches by 8 ½ inches in size, shall bear an appropriate certification of authenticity and shall be displayed prominently within the vehicle when it is parked so as to be seen from the middle of the street, on top of the dashboard by the right front passenger seat. The permit shall have inscribed upon it in indelible ink the license number of the vehicle for which it will be used, and the address of the driveway for which the permit will allow parking.

§2.121.28. Limitations.

An owner of a private driveway shall be eligible to apply for no more than three permits for his own motor vehicles or for use by other parties authorized by the owner to park in front of the private driveway.

Each member of the owner’s household who owns a motor vehicle shall also be eligible to apply for a permit issued under this ordinance.

§2.121.29. Fees.

The Borough shall not charge a fee in connection with the application for or issuance of the permit. However, a fee of $50.00 will be required for replacement of any lost permit.

§2.121.30. Violations.

In the event a motor vehicle is parked in front of a private driveway in which a properly obtained and applicable permit is not displayed, the owner of the motor vehicle shall be subject to the penalties set forth by state law for violation of N.J.S.A. 39:3-138.

BE IT FURTHER ORDAINED THAT all ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

BE IT FURTHER ORDAINED THAT this Ordinance shall take effect upon passage and publication in accordance with applicable law.

First Reading and Introduction on Ordinance No.2008-12 was passed on the following roll call:

Offered by:                               C/Carr            

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

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-12 is scheduled for the November 24, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-194

RESOLUTION AUTHORIZING APPROPRIATION TRANSFER

            WHEREAS, N.J.S.A. 40A: 4-58 provides that during the last 2 months of the fiscal year, to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation.

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $11,643.00 be made in the 2008 budget as attached.

Current Fund:

From:               Salary & Wage Adjustment                               $11,643.00

To:                                                                                           Reason

General Admin S&W                           $   100.00              Salary Retro

Municipal Clerk S&W                         $2,275.00              Salary Retro

Finance S&W                                      $1,525.00              Salary Retro

Tax Collection S&W                            $   100.00             Salary Retro

Tax Assessor  S&W                            $   250.00             Salary Retro   

Code Enforcement S&W                      $   620.00            Salary Retro

Emergency Management S&W             $     73.00             Salary Retro

Fire Official S&W                                 $   250.00             Salary Retro

Streets & Roads S&W                          $   400.00            Salary Retro

Recycling S&W                                     $     50.00            Salary Retro

Engineering OE                                       $6,000.00         Housing Element & Fair 

                                                                                                Share Plan (COAH)

Offered By:                  C/Simon         

Seconded By:               C/Leonardis

Stuart Moskovitz, Borough Attorney

• There may be a mathematical error.

Laurie Finger, Borough Administrator

• There is an error and we will correct that.

Mayor Reynolds requests motion to amend Resolution No.2008-194.

A motion to amend Resolution No. 2008-194 was offered by C/Carr and 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. 2008-195

AUTHORIZATION OF SERVICES OVER $800

            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:

Continued Preparation of Housing Element & Fair Share Plan - $7,500.00

Purchased From:

Maser Consulting

One River Centre Drive – Bldg Two

331 Newman Springs Road

Red Bank, N.J.  07701

            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/Simon

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. 2008-196

AUTHORIZATION OF PURCHASES OVER $800

            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:

Municipal Court – Bullet Resistant Window  - $2,849.00

Purchased From:                                          Pacific Bulletproof Co.

4035 Leaverton Court

Anaheim, CA 92807

            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/Robilotti      

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

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-197

AUTHORIZING RELEASE OF PERFORMANCE BOND

BAKER RESIDENTIAL – OXFORD CROSSING PROJECT

            WHEREAS, the Borough of Englishtown accepted Performance Bond No. 104462558 for the Baker Residential Oxford Crossing Project, Block 6, Lot 14 in the amount of $414,648.18 dated January 19, 2005; and

            WHEREAS, Mr. Anthony Rossi of Baker Residential requested the release of the Performance Bond and has sent via certified mail notice of public hearing, which was held at the Regular Council Meeting of October 22, 2008, to all property owners within 200 feet of the Oxford Crossing Project, as mandated by Borough Ordinance; and

            WHEREAS, by letter, dated October 1, 2008, the Borough Engineer recommended the Release of the Performance Bond since all the prior deficiencies have been corrected and are now found satisfactory; and

            WHEREAS, the Borough Engineer recommends the posting of a 2 year maintenance bond in the amount of $69,108.03, which was received and dated October 21, 2008, Bond No. 105170255 expiring October 23, 2010; and

            WHEREAS, the Borough Engineer also requests through a memo dated October 1, 2008 that all outstanding bills be paid prior to the release of the Performance Bond.

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the release of Performance Bond No. 104462558 in the amount of $414,648.18 and the 10% cash portion in the amount of $49,465.20 which includes interest income earned through September 30, 2008 is hereby authorized to be released to Baker Residential and Maintenance Bond No.105170255 in the amount of $69,108.03 is hereby accepted. 

            NOW, THEREFORE, BE IT FURTHER RESOLVED, that a certified true copy of this Resolution be provided by the Acting Municipal Clerk to Mr. Anthony Rossi of Baker Residential, Borough Engineer and Chief Financial Officer.

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

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-198

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

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 $8,773.19

are hereby authorized to be processed into purchase orders on November 12, 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/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

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-199

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 $263,009.82

                   are hereby authorized to be paid on November 12, 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

Tax Collectors Report                        Month of October, 2008

                                                            Taxes, 2009                 $         66.98

                                                            Taxes, 2008                 $530,334.30

                                                            Taxes, 2007                 $           3.08

                                                            Interest                         $       962.30

                                                            Duplicate Bill Fee        $        415.00 

                                                            Total Net                      $531,781.66

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 and 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/Carr  

Seconded By:                C/Simon  

Roll Call:   Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:           None

                Absent:              None   

               Abstain:              None

The time being 7:55 P.M.

There being no further business in Executive Session, a motion to return to open session was offered by C/Carr, seconded by C/Robilotti. Passed unanimously.

The time being 8:11 P.M.

Public Portion

Mayor Reynolds states that on Sunday morning he met with Chief Niziolek and advised him of all the areas of concern that we have.  Chief Niziolek will now discuss different ways of cost savings that he has looked into.

Chief Niziolek

• Currently looking into certain ways of reducing our need for court staff to reduce some of our court overtime. Our court overtime is where we can take our biggest chunk out of our overtime budget. 
• One of the things we are considering to do is have the officers come up with a court sheet of possible plea bargains that would be acceptable to them so that they wouldn’t have to conference with the prosecutor on an individual basis.
• We did lose one of our Officers for a couple of months due to injury, which hurt us in overtime.
• Due to Economic times for any department to loose an officer is something that should be seriously considered due to the fact that whenever you have economic hardship crime rates go up.  There has been a drastic rise in burglaries in our surrounding towns.

C/Soden

• Is the court the only place that you can cut down?

Chief Niziolek

• This year there have been other overtime hours that were not generated by the Police Department.

C/Cooke

• Do you have a list of the overtime that cannot be prevented?

Chief Niziolek

• Yes, they are on the overtime sheet.
• I have requested that the state police schedule two more classes for us for two more certified operators that may help lower some of our overtime.

C/Cooke

• How much state required training do you have to provide for the officers?

Chief Niziolek

• Domestic violence updates; state federal government has recently enacted new training for 911 and other wide scale incidents; EMT’s have to keep their certification up.

C/Carr

• In your scheduling of officers, are there always two officers on around the clock?

Chief Niziolek

• We currently have without vacation, sick or personal time shifts of 7-5, 5-3, and 9-7.  We then have two overlapping shifts with the Sergeants working 11-9 on weekdays or weekends. The overlapping shifts provides technically an extra officer on days when we are up to full staffing which frees one of the officers to do necessary functions that are outside the borough.  If an officer wants any time off we can slightly shift that overlapping swing shift so instead of incurring a full 10 or 8 hours of overtime it only incurs possibly 4 hours of overtime or none.

C/Carr

• This is not about the quality of work or performance of Officer Stolte this is about numbers. Anywhere we can cut money to save jobs we, as a Council will do that.

C/Cooke

• How would the Department run minus a person as far as overtime?

Chief Niziolek

• We would seriously have to consider calling state police to keep overtime down.

Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.

Rich Anunziata, 328 Berke Rd, Freehold

• I have children who live in Englishtown and Englishtown has a reputation of being safe and having a very strong police force. Feels Council should look at the bigger picture.

John Crutiaz, 7 Sanford Ave, President of the Englishtown/Manalapan First Aid Squad

• Thanked the officers for all the assistance they provide to the first aid squad.  They are very well trained in emergency services, they carry the emergency automatic defibulator and they are the first ones to get to all your calls. Your police are usually there within 2 minutes with oxygen, with an AED and they can actually make crucial life saving changes way before we get there.  My suggestion would be to put out a public questionnaire for the taxpayers in Englishtown and leave it up to the people if they are willing to pay the extra 20 cents per 100 per capita.

Karen Montilione, 16 West Dey Street

• This is a safety issue and these officers are the bookends that make this town safe.  I have no issue walking on Main Street at night or anyplace else in town by myself at any hour.  This is a safe community and the officers are always on patrol. Having one officer on duty with no backup is not safe.

Isabel Lewis, One Park Avenue

• Aren’t we going to incur a lot more overtime by cutting one man?
• Why are we paying two sergeant salaries and getting rid of one officer?
• Our police officers need immediate backup with one officer where is the backup?
• Thanks to Officer Settele and Officer Bob Stolte I’m here today to talk to you. I had a heart attack and was still talking to the dispatcher when they responded.

Lou Sardi, 73 English Club Drive, past President of Fire Company & PBA Member

• How did you come to decide that you had to lay off Bob Stolte?

C/Soden

• No names were ever mentioned.  This is about money.

C/Carr

• It was stated at the budget meeting last year with the state cuts next year the only place to cut would be the employees.  We financially cannot afford to stay Englishtown if we do not make cuts.  We are looking at everyway to save money.

C/Soden

• It is very admiral that everyone has come to support the Police Department.  Are the same people going to come back and criticize this Borough Council because we raised taxes 20 cents?

Lou Sardi

• If the taxes went up gradually it wouldn’t have been as big an issue.

C/Carr

• With the reevaluation increase there will be a lot of people who cannot afford a 20-cent on the hundred increase.

Mayor Reynolds states this is the first year we have 6 tax sales, this means 6 members of this community cannot afford to pay their mortgage and taxes.  As Mayor for the last 10 years we may have had one a year or maybe none.  250,000 people have been laid off from their jobs across the country in the last two months, as those houses go into foreclosure we will not get that tax base in.  We were to receive $153,000 in state aid this year and only received $72,000. We had to send $18,000 to the Board of Education because that is part of their money.  Out of $153,000 we received $50,000 that is $100,000 drop in state aid.  The state is also talking about not giving rebates next year.  We may be back here again sometime in January or February when state aid figures come out.  We also have a serious deduction in our surpluses because every year we shrink the budget down. There is less and less surplus to offset the increases in salary, health benefits, road salt, and equipment repairs. We have a budget that is growing and the state aid is shrinking. You have 4 or 5 other taxing authorities that this municipality has no control over.  Two Boards of Education, Municipal Tax, Fire District, Open Spaces and the County.  If each one only raises a penny you are looking at 5 or 6 cents. 

C/Carr

• For anyone who came here based on the flyers that went out into the community I would like to correct the inaccuracy.  We are not paying our borough attorney $100,000 a year he is paid $40,000.  As far as our Municipal Clerk not being certified if we hired a certified clerk it would have cost us a lot more money and we would have been in a further deficit than we are at this time.

Mayor Reynolds states our past three Municipal Clerks were not certified when we hired them.  The state says you have three years to take classes and past the exam to get certified.  Would also like to make it clear for the public that the police did not send this flyer out it was the friends of the police department of Englishtown.

Lou Sardi

• States the state police may get a call that they consider insignificant and they may not come out until the next morning.  There was one time our fire company received a call for a stabbing at a site the state police were covering. We couldn’t go in and they never showed up which put the volunteers in jeopardy.  It is hard to get volunteers and everyone is working two to three jobs.  The officers in our town act as our eyes in the middle of the night.  It takes us sometimes awhile to get a truck out.  They can access a call and let us know if we need to take our time or put on as many men as possible. If you have an officer in town you have a better chance of survival.  I understand this is all about numbers but I am not a number I am a person and so is everyone else in this room. Let the taxpayers vote on it.

Mayor Reynolds states to have a special election you would spend what you are looking to save. You would have to wait for a general election.

C/Soden

• It takes at least 6 months to put it on a ballet.

C/Cooke

• Can you have a special election with the Fire Department during their election in February?

Mayor Reynolds states he would have to see if we could put it on the ballot with Fire Department.

Peter Hall, 7 Cooper Hawk Drive, Manalapan

• I am here to speak as the First Lieutenant of the Englishtown Fire Department.  We are a volunteer fire company; we serve the borough residents by protecting their life and property from fire damage.  By cutting our budget this year and by cutting the Police Department you have cut the safety of this community.  I ask that you look at this budget again.  Fire, police and EMS; without them this community doesn’t function.

Mayor Reynolds states the public voted the Fire District budget down not Council.

Discussion between Peter Hall, Mayor Reynolds and Council continue regarding Fire Department equipment and budget.

Peter Hall

·        When I respond to a scene at night I’d like to know that the police officers are there to take care of any incidents that may occur, whether its crowd control, criminal scene or anything else that may arise. Would like Council to look at this again and seriously reconsider.

C/Leonardi

·        I don’t think you fully understand the situation with the budget and I don’t think you fully understand that it may not be a question of one officer but the entire department if we become part of Manalapan.  The other issue is where is the public during our Budget Workshops in January and February when we talk about these issues and trade offs we have to make.   There may be one or two people attend.  This discussion has been going on for years and this is not a snap decision or a problem that occurred suddenly and it is not something that anyone is taking lightly.

Peter Hall

·        I would like to make a recommendation that you put it to the people as a referendum and I will request the budget from the borough and take a look at it and possibly make suggestions on where else you might be able to make cuts to save the borough money.

Mayor Reynolds states we have not started to develop the budget. We started a preliminary on the 2009 budget that has not been put together as of yet. We are looking at the increases to our budget that we already have by contracts.  The second or third week in January we will start our Saturday Budget hearings, which is publicly advertised and open to the public.

Sergeant Peter Cooke, 27 Tennent Avenue

·        Would like the public to know that the average person here will only save $60.00 a year by letting Police Officer Robert Stolte go.

Kevin McGovern with Metshare and McGovern, P.O. Box 668, Woodbridge, N.J. Council to PBA 166

·        When you are scouring for short-term savings, long-term impacts get forgotten. By cutting a police officer you assume you are going to save money. You should reconsider that assumption, because it is not necessarily true.  The first thing that will happen is your overtime cost will skyrocket. One of the first things Chief Niziolek mentioned was a spike in overtime this year because Robert Stolte was out for a few weeks. Is it going to save you money by getting rid of a guy permanently whose absence for a few weeks cost the town money?   

·        If Governor Corzine’s plan goes through you will be paying for State police service through your taxes and contracted services. 

·        You will have 6 police officers that have a contractual right to take off; fewer officers mean more difficulty to grant time off.  With fewer guys an officer may not get requested time off because he is needed for coverage.  He will get paid for the time he couldn’t take off and paid at the end of the year for days he didn’t use.  These are costs that are not anticipated.  You should consider these costs when you deliberate. 

·        Rte 527 is a major thoroughfare used mostly by people who do not live in Englishtown.  By removing an officer from your payroll you are reducing your ability to tap into a revenue source.

·        This is about the people in this community and what kind of environment they will be living in. Councilwomen Carr indicated that it might not be long before Englishtown is gone.  The question isn’t whether Englishtown lives or dies, the question is what kind of community is it going to be while it exists.  Is it going to be a place where people want to live and feel safe?

C/Carr

·        Englishtown also needs to be a community where they can afford to pay bills.

Kevin McGovern

·        If you ask each person individually money or safety?  I would guess most would say safety.

C/Carr

·        If there is no revenue to give you have no choice.

Kevin McGovern

·        Your remark to others and me tonight are based on an assumption that I don’t think has been proved. I ask that you hold off until the Chief gives you numbers about areas of alternate savings.

Tom, Water Street

·        I believe that getting rid of one of our police officers is very wrong.  We are in a recession and we will get out of it. We have to find some other way to cut the budget to keep our police. We trust them and they are important to us.

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.

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; 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, C/Cooke, C/Leonardis

                   Nays:           None

                Absent:              None   

               Abstain:              None

The time being 9:42 P.M.

There being no further business in Executive Session, a motion to return to open session was offered by C/Simon, seconded by C/Carr. Passed unanimously.

The time being 10:28 P.M.

Mayor Reynolds states while we were in Executive Session we asked Chief Niziolek to come in.  The Chief has agreed to get us additional numbers that we asked for by November 21^st,.  We will wait to review those numbers and will not be taking any action tonight. At this time we cannot say if any action will be taken at our next meeting or any subsequent meetings. 

Adjournment

There being no further business a motion to adjourn was offered by C/Simon, seconded by C/Carr. Passed unanimously.

The time being 10:29 P.M.

____January 28, 2009______                                          ________________________

Approved by Governing Body                                         Municipal Clerk