** AGENDA **
November 24, 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 December 2008 as
“National Drunk and Drugged Driving (3D) Prevention Month”
5. Approval of Minutes – September 24, 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. Executive Session:
· 2009 Professional Interviews
· Declarations
10. Old Business
A. Ordinance No. 2008-11 – Public Hearing & Adoption
Amending Chapter 1.30 Entitled “Personnel Policies”
B. Ordinance No. 2008-12 – Public Hearing & Adoption
Amending Chapter 2.121 Entitled “Vehicles & Traffic”
11. New Business
A. Ordinance No. 2008-13 – First Reading & Introduction
Amending Chapter 2.93 Entitled “Parking, Off-Street”
B. Resolution No. 2008-200
Authorizing Award of Solid Waste Contract
C. Resolution No. 2008-201
Authorizing Award of Recycle Contract
D. Resolution No. 2008-202
Authorization of Services Over $800
Recreation - Horse & Carriage for Holiday Hayride
E. Resolution No. 2008-203
Authorization of Services Over $800
Municipal Court – Maintenance of Recording System
F. Resolution No. 2008-204
Authorization of Services Over $800
Fire Bureau – Recertification Fire Investigation Class for Inspectors
G. Resolution No. 2008-205
Approval to Submit Grant Application and Execute Grant Agreement with Dept. of Transportation for Reconstruction of Curbing & Sidewalk on Railroad/Conover St & Park Ave. Project
H. Resolution No. 2008-206
Approval to Submit Grant Application and Execute Grant Agreement with Dept. of Transportation for Main St. Pedestrian Crosswalk Lighting Improvement Project
I. Resolution No. 2008-207
Authorizing Refund of Inspection Fee
J. Resolution No. 2008-208
Authorizing Appropriation Transfer
K. Resolution No. 2008-209
Authorizing Approval of Department Requisitions
L. Resolution No. 2008-210
Authorizing Payment of Borough Bills
12. Executive Session
13. 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.
14. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Absent: C/Carr
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.
Proclamation – Proclaiming December 2008 as National Drunk and Drugged Driving (3D) Prevention Month
At this time Mayor Reynolds reads aloud Proclamation.
There being no corrections, deletions or additions, a motion to approve the Minutes of September 24, 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/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: C/Carr
Abstain: None
Administration, Finance & Personnel
Councilwoman Cooke reports:
Councilwoman Robilotti reports:
Councilman Soden has nothing to report:
Councilwoman Carr was not in attendance and nothing was reported:
Councilman Simon has nothing to report:
Mayor Reynolds states he will be attending December 11th.
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.
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 Interview, Personnel, Litigation; and
Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour, 4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
The time being 7:45 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 8:42 P.M.
BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION
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 1st 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 1st 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.
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/Simon. Passed unanimously.
A motion to adopt Ordinance No. 2008-11, above titled, was offered by C/Simon and
Seconded by C/Robilotti. Passed on the following roll call:
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION
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.
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/Simon and seconded by C/Robilotti. Passed unanimously.
A motion to adopt Ordinance No. 2008-12, above titled, was offered by C/Simon and
Seconded by C/Robilotti. Passed on the following roll call:
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
New Business
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2008-13
ORDINANCE AMENDING
CHAPTER 2.93
OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED
“PARKING, Off-STREET”
WHEREAS, the Borough recognizes a need for commuter parking for its residents; and
WHEREAS, the Borough wishes to set aside a certain number of spaces for this purpose:
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.93 of the Code of the Borough of Englishtown is hereby amended as follows:
I. Sections 2.93.01 through 2.93.09 of Chapter 2.93 shall be contained within Article I entitled “Restricted Parking.”
II. There shall be a new Article II of Chapter 2.93 entitled “Public Parking” which shall contain the following new sections:
§2.93.10. Commuter Parking. This article is adopted for the purpose of promoting a safe and orderly parking of motor vehicles within areas designated and established by the Borough as commuter parking. The Borough shall set aside five (5) parking spaces in the Hamilton Street Parking Lot to be used by commuters commencing January 1, 2009. The Borough reserves the right to increase or decrease this number in the future.
§2.93.11. Permit Required.
A. Parking in said spaces shall be designated by permit only, which shall be evidenced by a tag issued to an applicant by the Borough.
B. Such parking areas shall be marked by signs indicating that parking will be by permit only, Monday through Friday, and vehicles must display a valid tag.
C. No vehicle shall be parked in any such parking space unless it displays on the interior rear view mirror a current and valid tag so issued by the Borough of Englishtown as herein provided.
D. No vehicle shall be parked in any such parking area displaying a parking tag that is reported lost, stolen, mislaid or undelivered or whose identification number is obscured or has been removed.
E. All vehicles shall be parked within a single designated parking space as indicated by marked lines on the surface of the parking area or unless otherwise instructed by a police officer or other attendant in charge.
F. Vehicles, because of size, which occupy more than one parking space or which extend into a traffic aisle shall be excluded from commuter parking areas.
§2.93.12. Award of Permits.
A. The required tags shall be issued by the Borough Clerk. Applications will require the completion of a form supplied by the Clerk to include a copy of the applicant's current New Jersey Driver's License and vehicle registration certificate. The address on the driver's license must establish the applicant as a resident of the Borough of Englishtown.
B. Applications for the issuance of the first five tags are due no later than December 15, 2008 in the Office of the Borough Clerk. In the event there are more than five valid applications, the initial tags will be issued on the basis of a lottery drawing to be conducted by the Borough Clerk and awarded at the Borough Council’s reorganization meeting. All remaining applications will be placed on a waiting list in the event vacancies occur.
C. All tags will be valid for one calendar year. In each succeeding year, applications will be due by December 1 for the following year’s tags, which will be awarded as set forth in §2.93.12.B. above.
D. In the event a space becomes available during the calendar year, the first name on the waiting list will be awarded that tag for the remainder of the calendar year.
E. The annual fee for the tag shall be $120 and shall be non-refundable. In the event that a tag is issued during the calendar year subsequent to January, the fee will be prorated at the rate of $10.00 per month or portion thereof payable for the remainder of the calendar year in advance and shall also be non-refundable.
F. Only one tag per household shall be issued.
G. Said tags shall have written thereon, "Englishtown Parking Permit," together with the number of the tag, the date of expiration and the license number of the vehicles in the household to which it is assigned.
H. The Borough Clerk shall make and keep a record of all tags issued to include the completed application form, the tag number, and the copies of the applicant's driver's license and registration certificates.
I. In the event the tag is used by a suspended driver, that tag shall be forfeited for the remainder of the calendar year.
§2.93.13. Presumption of Validity. Any person parking a motor vehicle with such tag affixed thereto shall be presumed to have properly applied for and received permission to park said motor vehicle in the Borough’s designated commuter parking spaces.
§2.93.14. Disabled Vehicles. No person shall permit a disabled vehicle to remain in any commuter parking area for more than 36 hours without the express permission of the police.
§2.93.15. Handicapped Spaces. In addition to the foregoing, the Borough shall set aside two (s) spaces in the Hamilton Street Parking Lot as handicapped spaces that shall be so designated and conspicuously marked. These shall be reserved for use by vehicles and/or persons for whom the State of New Jersey has issued a windshield placard or wheelchair symbol license plate.
§2.93.16. Daily Parking. In addition to the foregoing, the Borough shall set aside ten (10) spaces in the Hamilton Street Parking Lot as maximum 2-hour parking between the hours of 7 a.m. through 7 p.m. Monday through Friday, and shall be so conspicuously marked. The Borough may by resolution provide for a $1.00 daily charge for the use of these spaces and provide a mechanism for the collection of such charge.
§2.93.17. Fines and Towing.
a. The owner of any vehicle parked in violation of any provision of this Article other than Section §2.93.15 shall be subject to a fine of $100.00.
b. The owner of any vehicle parked in violation of Section 2.93.15 of this Article shall be subject to a fine of not less than $500.00 nor more than $1,000.00 as set forth in N.J.S.A. 39:4-207.9.c.
c. Any vehicle parked in any such parking area in violation of this Article may be removed from the parking area on order of any police officer, and the owner thereof shall pay the reasonable cost of such removal and storage which may result from such removal before being allowed to regain possession of the vehicle, and such costs of removal and storage shall be in addition to any penalty and/or fine hereinbefore provided.
III. 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.
IV. 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. 2008-13 is scheduled for the December 15, 2008 Council Meeting, 7:30 p.m. at Borough Hall.
RESOLUTION NO. 2008-200
THE COLLECTION/DISPOSAL OF SOLID WASTE
WITHIN THE BOROUGH OF ENGLISHTOWN
WHEREAS, the Borough of Englishtown solicited bids for the collection and disposal of solid waste; and
WHEREAS, the said bids were issued/advertised in accordance with prevailing New Jersey law; and
WHEREAS, numerous bids were received by the Borough of Englishtown on November 6, 2008; and
WHEREAS, the lowest responsible bid was submitted by Republic Services of NJ, LLC d/b/a Marpal Company, Lincroft, NJ; and
WHEREAS, the apparent low bidders forms were reviewed for legal compliance and found to be acceptable by the Borough Attorney.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:
1. That the Borough of Englishtown is hereby authorized to award a 1 year solid waste collection/disposal base contract to Republic Services of NJ, LLC d/b/a Marpal Company effective January 1, 2009 and terminating December 31, 2009, with an option to extend the Contract one year on an annual basis for each of three years, which shall automatically renew unless said party is notified by the Governing Body in writing of cancellation of services within ninety (90) days of December 31st of each said year.
2. That the said award shall be payable as follows:
Base Contract:
· Year 1 - $55,200 (collection) plus prevailing disposal rates
Option Portion of Contract:
· 1st additional year - $56,900 (collection) plus prevailing disposal rates
· 2nd additional year - $58,600 (collection) plus prevailing disposal rates
· 3rd additional year - $60,900 (collection) plus prevailing disposal rates
3. That the said award of contract shall be subject to the Borough’s Chief
Financial Officer certifying that funds are available for the stated purpose.
4. That the said award of contract shall, in all respects, comply with
Prevailing New Jersey Law.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute said contract.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be provided by the Borough Clerk to each of the following
1. Republic Services of NJ, LLC d/b/a Marpal Company, Lincroft, NJ
2. Borough Chief Financial Officer
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-201
THE COLLECTION AND DISPOSAL OF CO-MINGLED CURBSIDE
WHEREAS, the Borough of Englishtown solicited bids for the collection and disposal of co-mingled curbside and bulk recyclables; and
WHEREAS, the said bids were issued/advertised in accordance with prevailing New Jersey law; and
WHEREAS, numerous bids were received by the Borough on November 6, 2008; and
WHEREAS, the lowest responsible bid was submitted by Waste Management of N.J., Inc., Ewing, N.J.; and
WHEREAS, the apparent low bidders forms were reviewed for legal compliance and found to be acceptable by the Borough Attorney.
NOW, THEREFORE, BE IT RESOLVED by Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:
1. That the Borough of Englishtown is hereby authorized to award a 1 year recycling collection/disposal base contract to Waste Management of N.J., Inc, Ewing, N.J. effective January 1, 2009 and terminating December 31, 2009, with an option to extend the Contract one year on an annual basis for each of three years, which shall automatically renew unless said party is notified by the Governing Body in writing of cancellation of services within ninety (90) days of December 31st of each said year.
2. That the said award shall be payable as follows
Base Contract:
· Year 1 - $19,596.00
Optional Portion of Contract:
· 1st additional year - $20,172.00
· 2nd additional year - $20,772.00
· 3rd additional year - $21,384.00
3. That the said award of contract shall be subject to the Borough’s
Chief Financial Officer certifying that funds are available for the stated purpose.
4. That the said award of contract shall, in all respects, comply with Prevailing New Jersey Law.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute said contract.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be provided by the Borough Clerk to each of the following.
1. Waste Management of N.J., Inc., Ewing, N.J.
2. Borough Chief Financial Officer
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
RESOLUTION NO. 2008-202
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:
Horse & Carriages for Holiday Hayride - $1,300.00
Purchased From:
A & T Stables
46 Bennett Mills Road
Jackson, N.J. 08527
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/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-203
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:
Maintenance of Municipal Court Recording System - $994.00
Purchased From:
Office Business Systems
600 M Ryerson Road
Lincoln Park, N.J. 07035
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/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-204
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:
Recertification Fire Investigation Class for Fire Inspectors - $800.00
Purchased From:
NJ-IAAI
P.O. Box 280
Glassboro, N.J. 08028
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/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-205
AND EXECUTE A GRANT AGREEMENT WITH THE
NEW JERSEY DEPARTMENT OF TRANSPORATION FOR
THE RECONSTRUCTION OF CURBING AND SIDEWALK ON
RAILROAD/CONOVER STREET AND PARK AVENUE PROJECT
WHEREAS, the FY 2009 New Jersey Transportation Fund Authority Act has provided funds for various municipal improvements; and
WHEREAS, upon recommendation by the Borough Engineer, the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, desires to submit applications to the New Jersey Department of Transportation in an effort to obtain grant funding for needed projects.
NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Englishtown, formally approves the grant application for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as SST-2008-Englishtown Borough-00060 to the New Jersey Department of Transportation on behalf of the Borough of Englishtown.
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Englishtown and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-207
AUTHORIZING REFUND OF INSPECTION FEE
WHEREAS, an inspection fee in the amount of $1,600.00 was received from Brooklawn Gardens; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that a refund of said inspection fee in the amount of $1,600.00 to Brooklawn Gardens is hereby authorized.
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-208
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 $2,000.00 are made in the 2008 budget as attached.
Current Fund:
From:
Tax Assessment OE $2,000.00
To: Reason
Buildings & Grounds OE $ 500.00 Supplies
Electricity $ 500.00 Usage
Street Lighting $ 500.00 Usage
Telephone $ 500.00 Usage
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-209
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 $5,666.44
are hereby authorized to be processed into purchase orders on November 24, 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/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-210
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 $366,214.33
are hereby authorized to be paid on November 24, 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/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
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, 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: Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
The time being 8:53 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/Soden. Passed unanimously.
The time being 9:50 P.M.
*At this time tape was malfunctioning. Mayor Reynolds states no decision will be made tonight, no action will be taken regarding the reduction of Police Department until February when we get the state aid figures and surplus figures. Mayor Reynolds then read Resolution No. 2008-211 and Resolution No. 2008-212 into record.
RESOLUTION NO. 2008-211
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 $4,000.00 are made in the 2008 budget as attached.
Current Fund:
From:
Insurance OE $3,643.00
Salary & Wage Adjustment $ 357.00
To: Reason
General Admin OE $4,000.00 Prof Svc
Offered By: C/Leonardis
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-212
FOR PROFESSIONAL SERVICES
WHEREAS, the Governing Body feels that there is a need for a departmental evaluation of the Englishtown Police Department; and
WHEREAS, a proposal was received from Jersey Professional Management of Cranford, NJ to provide a limited scope of services to review this department for efficiency,
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that Jersey Professional Management of Cranford, NJ be retained to perform this service in an amount not to exceed $5,000.00
Offered By: C/Leonardis
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
*9:53 P.M. - At this time tape came on with a response to a question from Isabelle Lewis, One Park Avenue requesting more information on Agenda Items. The response was recorded.
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.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 9:56 P.M.
___February 11, 2009_______ ________________________
Approved by Governing Body Acting Municipal Clerk