** AGENDA **

 

October 25, 2006

 

7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.            Meeting Called to Order and Roll Call

 

2.            Statement of Compliance with Sunshine Law

 

3.            Moment of Silence and Salute to the Flag

 

4.            Approval of Minutes – July 12, 2006 and July 26, 2006

 

5.            Committee Reports

 

6.            Correspondence

 

7.            Open Public Portion/Limited to Agenda Items Only

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

8.                  Old Business:

A.                 Ordinance No. 2006-22 – Public Hearing and Adoption

Amending Borough Code Book Chapter 2.89

Entitled “Littering”

 

9.                  New Business:

A.                 Ordinance No. 2006-23 – First Reading and Introduction

Establishing Limits for Employee Salaries

 

B.         Ordinance No. 2006-24 – First Reading and Introduction

Amending Borough Code Book Chapter 2.121

Entitled “Vehicles & Traffic”

 

C.         Resolution No. 2006-166

Approving the Employee Performance Evaluation System

 

                        D.            Resolution No. 2006-167

            Appointing Part Time Clerk Typist – Ann Marie Derpich

 

E.                  Resolution No. 2006-168

Approving Raffle Application RA# 2006-02

 

F.                  Resolution No. 2006-169

Approving Bylaws of the Central Jersey Health Insurance Fund

 

G.                 Resolution No. 2006-170

Relief from Municipal CAP Law

 

H.                 Resolution No. 2006-171

Establishing Investment Policy

 

I.                    Resolution No. 2006-172

Canceling Old Outstanding Checks

                       

J.                   Resolution No. 2006-173

Appointment of Full Time Police Officer – Robert G. Stolte

 

OATH OF ALLEGIANCE – Officer Stolte

 

K.                Resolution No. 2006-174

Canceling Grant Receivable Balance

 

L.                  Resolution No. 2006-175

Canceling Grant Reserve Balance

 

M.               Resolution No. 2006-176

Canceling Grant Receivable and Reserve Balance

 

N.                Resolution No. 2006-177

Authorizing Payment of Borough Bills

 

O.                Resolution No. 2006-178

Approving Effort in Community Outreach Process

(Smart Future Planning Grant)

 

10.        Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

           

            11.        Executive Session

 

            12.        Adjournment

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

 

Roll Call:  Present:   C/Rucker, C/Simon, C/Carr, C/Robilotti                   

                  Absent:  C/Soden, C/Palmieri       

 

Also present were Christine Robbins Deputy 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 Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

There was a moment of silence and salute to the flag.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of July 12, 2006 and July 26, 2006 was offered by C/Rucker and seconded by C/Simon.    Passed on the following roll call:

 

C/Carr states that on July 12, 2006 minutes, Background Checks Ordinance is contradicting itself.

 

Stuart Moskovitz clarifies.

 

Roll Call:          Ayes:        C/Rucker, C/Simon, C/Carr, C/Robilotti

                      Nayes:       None

                     Absent:       C/Soden, C/Palmieri

                    Abstain:       None    

 

Committee Reports

 

C/Rucker

·        Special thanks to Kurt Knapp and Rob Roche-Ebbe from the Public Works Department for doing their part in making the Fall Festival a success.

·        Would like to see a letter of thanks sent to Louis Sigismondi from Sigismondi Farms and Paul Massonta from Twin Sweet Farms for supplying our fall decorations.

·        Preparation for Winter Season going well.

 

C/Robilotti states thank you letters have been sent out.

 

 

C/Robilotti

Mayor Reynolds states a minimum of two issues a year sounds good. 

 

Council members consensus is no.

 

C/Carr

Stuart Moskovitz responds he will look into it tomorrow.

 

Peter Cooke, Office Of Emergency Management Coordinator responds that he already replied to the County the day after he received that same letter.

 

 

 

C/Simon

·        Patrolman Robert Stolte will be sworn in this evening.

·        Police Activity Report for the period of October 8th thru October 22nd there were 378 total calls, 127 motor vehicle stops and 210 routine calls for service.

·        Semi updated Code Enforcement Report indicates through the month of September, there were 4 rental property inspections, 19 investigations, $28,000.00 was taken in from the Fire Dept., an additional $14,000 was taken in from Hair System’s fine.  A hand written addendum to the reports states 10 additional inspections were done through October.

 

C/Carr requests that as the co-chair of the Department, she also be copied on any reports.

 

Correspondence

 

Christine Robbins, Deputy Municipal Clerk reports:

·        Received a copy of the Monmouth County Open Space plan on October 19, 2006 which was adopted by Monmouth County Planning Board on August 21, 2006. There is a copy in the Clerk’s Office.

 

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/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Mayor Reynolds changed the order of the agenda at this time.

 

New Business

 

Borough of Englishtown

Resolution No. 2006-173

 

Appointment of Full Time Police Officer

 

            Whereas, there is a need to hire a full time police officer; and

 

            Whereas, the public safety committee has recommended Robert G. Stolte be appointed to Patrolman for the Borough of Englishtown.

 

            Now Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of  New Jersey that Robert G. Stolte is hereby appointed police officer for the Borough of Englishtown as follows:

1.      Appointment is effective October 25, 2006.

 

2.      Salary is effective October 25, 2006 in the amount of $29,134.00 per annum, paid bi-weekly per the salary ordinance.

 

3.      That said appointment is probationary for one year effective October 25, 2006.

 

      Be It Be Further Resolved that a certified true copy of this resolution be forwarded to the Chief Financial Officer, Chief John Niziolek and Robert G. Stolte.

 

Offered By:                  C/Simon

 

Seconded By:               C/Carr

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Oath of Allegiance

 

Mayor Reynolds administers the oath of office to Robert G. Stolte and welcomes him aboard.                                               

           

Old Business 

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2006-22

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.89 OF THE BOROUGH OF ENGLISHTOWN CODE BOOK WHICH CHAPTER IS ENTITLED “LITTERING”

 

WHEREAS, the governing body of the Borough of Englishtown recently amended Chapter 2.89 to comply with state stormwater regulations and, in so doing, inadvertently repealed certain then existing provisions of Chapter 2.89; and

 

WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need for those sections and is desirous of restoring those sections to the Code of the Borough of Englishtown to protect the public health, safety and welfare of the residents of the Borough:

 

NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.89, Littering, of the Code of the Borough of Englishtown is hereby supplemented as follows:

§2.89.03          Prohibited Acts and Regulated Activities

 

3.         Litter receptacles shall be placed at the following public places within the municipality: sidewalks used by pedestrians in active commercially-zoned area, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroads and bus stations, parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places and the organizers of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.

 

4.         It shall be unlawful to store tires in any residential zone except in a fully enclosed structure.

 

5.         It shall be unlawful to accumulate debris on or around construction sites, or store such materials in such a manner as to be likely to be removed by natural forces onto adjacent property.

 

6.         Open or overflowing commercial, industrial or residential waste disposal bins are prohibited.

7.         Every owner, lessee, tenant, occupant, or person in charge of any building or structure shall keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind, and shall keep said sidewalks, areaways, backyards, courts and alleys free from litter an other offensive materials.

 

8.         It shall be unlawful to sweep into or deposit into any gutter, street, catch basin, or other public place, any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property within the Borough shall keep the sidewalk in front of his/her premises free of litter. All sweeping of material from within the property shall be collected and properly containerized for disposal.

 

9.         All trash receptacles shall be kept in the backyard area.

                     

BE IT FURTHER ORDAINED THAT:

A.        All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.

 

B.         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.

 

C.        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.

 

C/Carr

 

There being no questions or comments, a motion to close the public hearing was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

 

A motion to adopt Ordinance No. 2006-22, above titled, was offered by C/Carr and seconded by C/Robilotti.  Passsed on the following roll call:

 

Offered By:                  C/Carr

           

Seconded By:               C/Robilotti

 

Roll Call: Ayes:            C/Rucker, C/Simon, C/Carr, C/Robilotti

                Nays:           None

            Abstain:            None

             Absent:            C/Soden, C/Palmieri

 

New Business

 

BOROUGH OF ENGLISHTOWN                         

ORDINANCE NO. 2006-23                                         First Reading and Introduction

 

ORDINANCE ESTABLISHING LIMITS FOR SALARIES OF THE EMPLOYEES OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH,

STATE OF NEW JERSEY

 

            BE IT ORDAINED, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

 

Ordinance numbers 97-02, 98-06, 99-07 and 2002-03, 2003-09, 2004-07, are hereby amended/supplemented:

           

            Section I:  The annual salary ranges are established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.

 

POSITION                                                                                                     SALARIES                                                                                                                                                         MINIMUM   MAXIMUM

GOVERNING BODY

            MAYOR                                                                                  $  1,800.00            $  4,500.00

            COUNCIL                                                                               $  1,300.00            $  3,500.00

 

BUSINESS ADMINISTRATOR                                                         $15,000.00            $41,000.00

 

MUNICIPAL CLERK                                                                         $30,000.00            $50,000.00

 

DEPUTY CLERK                                                                               $15,000.00            $31,000.00

 

CHIEF FINANCIAL OFFICER                                                        $15,000.00            $41,000.00

 

ASSISTANT C.F.O.                                                                           $25,000.00            $45,000.00

 

FINANCE CLERK                                                                             $20,000.00            $39,000.00

 

CLERK TYPIST                                                                                 $  8,000.00            $28,000.00

 

COURT MAGISTRATE                                                                      $ 9,000.00            $20,000.00

 

COURT CLERK                                                                                  $30,000.00           $50,000.00

 

DEPUTY COURT CLERK                                                                $     500.00             $  28,000.00

 

DPW SUPERVISOR                                                                        $30,000.00              $50,000.00

 

DPW – LEVEL 1                                                                              $  18,000.00            $30,000.00

DPW – PART TIME                                                                        $  6,000.00               $12,000.00

 

WATER SUPERINTENDENT                                                        $  6,000.00              $15,000.00

 

WATER CLERK                                                                            $  9,000.00             $ 18,000.00

 

SEWER SUPERINTENDENT                                                        $  6,000.00              $15,000.00

 

SEWER CLERK                                                                            $  9,000.00               $18,000.00

 

RECYCLING COORDINATOR                                                     $  700.00                 $  1,500.00

 

DOG/CAT CENSUS TAKER                                                        $     500.00                $  1,500.00

EMERGENCY MGMT COORDINATOR                                    $     750.00                 $  1,500.00

 

TAX ASSESSOR                                                                            $  5,000.00             $10,000.00

 

TAX COLLECTOR                                                                        $  5,000.00             $12,000.00

 

DEPUTY TAX COLLECTOR                                                        $  2,500.00            $  7,500.00

 

CONSTRUCTION OFFICIAL:

   DIRECTOR OF CODE ENFORCEMENT                                $  5,000.00             $10,000.00                 

   CONSTRUCTION OFFICIAL                                                  $  4,000.00             $  7,000.00

   FIRE SUB-CODE OFFICIAL                                                    $  4,000.00             $  7,000.00

 

CONSTRUCTION OFFICIAL:

   BLDG SUB-CODE INSPECTOR                                            $  4,000.00              $  7,000.00

   HOUSING INSPECTOR                                                          $  4,000.00             $  7,000.00

 

ASSISTANT HOUSING INSPECTOR                                      $  4,000.00              $  6,500.00

 

CONSTRUCTION SECRETARY                                              $  2,500.00               $  6,000.00

 

FIRE OFFICIAL:

   FIRE INSPECTION

   FIRE SUB-CODE

   CODE ENFORCEMENT                                                        $  6,000.00                  $17,000.00

 

FIRE OFFICIAL

   PART TIME FIRE INSPECTOR                                            $     100.00                    $  2,000.00

 

ASST. CODE ENF/ZONING OFFICER                                    $  2,000.00                   $  6,000.00

 

ELECTRICAL INSPECTOR                                                       $  3,500.00                   $  9,000.00

 

PLUMBING INSPECTOR                                                          $  3,500.00                   $10,000.00

 

PLANNING BOARD SECRETARY                                           $  2,500.00                   $  6,000.00

 

CLEAN COMMUNITY GRANT                                                $  1,000.00                   $  4,000.00

 

POLICE CHIEF                                                                           $65,000.00                   $85,000.00

 

            Section II:  Salaries shall be set forth by Resolution of Mayor and Council within the

aforementioned salary guidelines.

            Section III:  Payment of salaries shall be in equal bi-weekly, monthly, quarterly or other

 installments as the Mayor and Council may from time to time resolve.

            Section IV:  All ordinances or parts of ordinances inconsistent with this ordinance are

 hereby repealed.

            Section V:  This ordinance shall take effect upon its passage and publication according to law.

 

A motion to introduce the above titled Ordinance was offered by C/Simon and seconded by C/Carr.

 

C/Robilotti:

Laurie Finger

C/Carr

           Was a dog census done?  Why are we budgeting a salary for Dog Census Taker if we are in

           agreement?   

 

Mayor Reynolds states that we are in no obligation to budget that position it is just a salary range if we chose to have a Dog Census Taker.    

 

First Reading and Introduction on Ordinance No.2006-23 was passed on the following roll call:  

 

Offered by:                   C/Simon           

 

Seconded by:               C/Carr

                       

 Roll Call:         Ayes:    C/Rucker, C/Simon, C/Carr, C/Robilotti   

                        Nays:   None

                    Abstain:   None

                     Absent:    C/Soden, C/Palmieri

 

Christine Robbins, Deputy Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2006-23 is scheduled for the November 8, 2006 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN                

ORDINANCE NO. 2006-24                                        First Reading & Introduction

 

ORDINANCE AMENDING

CHAPTER 2.121

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“VEHICLES AND TRAFFIC”

 

WHEREAS, the residents of Carriage Lane in the Borough of Englishtown have encountered difficulty with the current parking restrictions on the street; and

 

WHEREAS, currently, Section 2.121.07 of the Code of the Borough of Englishtown, entitled “Parking Prohibited at all times, makes unlawful the parking of any vehicles at any time along the outer circumference of Carriage Lane, and Section 2.121.08 of the Code of the Borough of Englishtown, entitled “Parking Prohibited During Certain Hours” prohibits the parking of vehicles anywhere on Carriage Lane between the hours of 12:00 midnight to 6:00 a.m. on any day;

 

WHEREAS, no danger to the health, welfare or safety of the community is perceived by continuing the parking restrictions applicable to the period of 12:00 midnight to 6:00 am for the inner circumference of the roadway, except for snow emergencies:

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Section 2.121.08 of the Code of the Borough of Englishtown is hereby amended by removing the reference to Carriage Lane and the restrictions applicable to Carriage Lane within that section. All other restrictions on arking on Carriage Lane, including those within Section 2.121.07 and all general emergency and snow removal provisions remain applicable to Carriage Lane.

 

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

 

Offered By:         C/Carr            

 

Seconded By:     C/Simon

 

Roll Call: Ayes:     C/Rucker, C/Simon, C/Carr, C/Robilotti,

                 Nays:     None

             Abstain:      None

              Absent:     C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-166

 

Approving the Employee Performance Evaluation System

 

            WHEREAS, the Borough of Englishtown wishes to institute a system that treats all employees fairly, provides incentives for good performance, clarifies responsibilities, expectations and obligations for all employees, and provides an objective basis for evaluations of all employees; and

 

            WHEREAS, the Borough further wishes to create a framework within which each employee can communicate with his/her supervisor to determine how his/her performance is viewed and provide a framework for improvement; and

 

            WHEREAS, the Borough Administrator has prepared a performance evaluation system that accomplishes these goals, which system is attached hereto:

 

            NOW THEREFORE BE IT RESOLVED, that the Borough of Englishtown hereby adopts the Employee Performance Evaluation System attached hereto and authorizes the Borough Administrator and all personnel and professionals to take all actions necessary to effectuate the purpose and intent and direction of the system.

 

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Administrator, the Deputy Clerk, the Chief Financial Officer and the Mayor and Council.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:            C/Rucker, C/Simon, C/Carr, C/Robilotti

                  Nays:           None

              Abstain:            None

               Absent:           C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-167

Appointment of Part Time Clerk Typist

Administration Department

 

            Whereas, there is a need for a part-time Clerk Typist; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Ann Marie Derpich, Millstone, N.J.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Ann Marie Derpich be appointed Clerk Typist as follows:

 

1.  Part-time 15 hours per week, 3 hours per day.

2.  Paid $10.00 per hour, bi-weekly per the salary ordinance.

3.      Shall be under the direction of the Municipal Clerk and

Deputy Municipal Clerk.

4.  Appointment shall be effective October 16, 2006 till

     October 18, 2006.

 

            Be it further resolved that a certified true copy of this resolution be forwarded to Ann Marie Derpich and the Borough Chief Financial Officer.

 

Offered By:                  C/Simon               

 

Seconded By:                   C/Carr

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown             

Resolution No. 2006-168

 

Resolution of the Mayor and Governing Body

                  Granting Approval for Raffle Application No. RA2006-02

 

            Whereas, the Knights of Columbus, Prince of Peace, Council # 5903 has applied to the Governing Body of the Borough of Englishtown for a raffle license for December 18, 2006; and

 

            Whereas, the Knights of Columbus, Prince of Peace, Council # 5903 has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

 

            Whereas, the Mayor and Governing Body of the Borough of Englishtown finds that the Knights of Columbus, Prince of Peace, Council # 5903 is a qualified applicant and the members of the Knights of Columbus, Prince of Peace, Council # 5903 are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

 

            Whereas, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

 

            Whereas, there is satisfactory proof that the Knights of Columbus, Prince of Peace, Council # 5903 will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

 

            Whereas, The Knights of Columbus, Prince of Peace, Council # 5903 has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2006-02 for the Knights of Columbus, Prince of Peace, Council # 5903 be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and

 

            Be It Further Resolved, that a copy of Raffle License RA2006-02 be forwarded by the Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

 

Be It Further Resolved, on the fifteenth day after Raffle Application No. RA2006-02 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2006-02 may be issued to the Knights

of Columbus, Prince of Peace, Council # 5903 and copies of said license shall be distributed to the Licensee, the Municipal Clerk, and the Borough of Englishtown Police Department.

 

Offered By:                  C/Simon

 

Seconded By:               C/Carr

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-169

 

Approving the Bylaws of the Central Jersey Health Insurance Fund

 

            WHEREAS, the Borough of Englishtown is a member of the Central Jersey Health Insurance Fund, hereinafter the “FUND” and;

 

            WHEREAS, recent changes in the state regulations and Fund practices require the FUND’s bylaws to be revised; and

 

            WHEREAS, after a public hearing conducted on September 20, 2006, the Board of Commissioners of the FUND recommends revised bylaws to the membership, which bylaws have been received and reviewed by the governing body of the Borough of Englishtown; and

 

            WHEREAS, these revised bylaws must be ratified by at least three fourths of the members before they can become effective:

 

            NOW THEREFORE BE IT RESOLVED, that the Borough of Englishtown hereby ratifies the revised bylaws as presented to them prior to the date of this Resolution by the Central Jersey Health Insurance Fund.

 

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Administrator, the Borough Clerk, and the Chief Financial Officer.

 

Offered By:                  C/Carr

 

Seconded By:               C/Simon

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-170

 

Resolution for Relief from the Municipal CAP Law

 

            WHEREAS, since their institution in 1977 as part of the package of bills establishing the Property Tax Relief Fund, funded by New Jersey’s first Income Tax, the artificial limits on local budgetary discretion contained in the local government cap law have, repeatedly, proved to be unworkable and in need of amendment in times of fiscal stress; and

 

            WHEREAS, the latest amendments to the cap law were enacted in 2004 as part of Governor McGreevey’s FAIR Plan, which was supposed to provide short term property tax relief and produce long term property tax reform, the cap amendments being a part of the short term relief component; and

 

            WHEREAS, those 2004 amendments drastically lowered the cap, eliminated important exceptions to the cap and severely limited the use of ‘cap banking’, which is crucial to municipal intermediate range budgetary planning; and

 

            WHEREAS, despite the recommendations of the Governor’s Blue Ribbon Property Tax Convention Task Force and despite the energetic efforts of a core of concerned and committed legislators and the outspoken support of a large and growing coalition of citizens’ public interest groups, the Legislature has, to date, failed to advance the cause of property tax reform, continuing decades of inattention to a problem that a majority of our fellow citizens consistently identify as their greatest public policy concern; and

 

            WHEREAS, instead State policy makers have consistently under-funded, cut and eliminated crucial municipal property tax relief programs, thereby exacerbating the property tax crisis and making it increasingly difficult for municipal budget makers to meet the needs and honor the wishes of local property taxpayers and to deal with current fiscal stresses over which they have no control; and

 

            WHEREAS, in recognition of these serious issues, legislation has been introduced to provide appropriate flexibility to help local budget makers better meet citizen needs for high quality public programs and services; and

 

            WHEREAS, in order to do so, the bills (A-3444/S-2183) would; first, make permanent the temporary cap exception for costs of domestic security preparedness and responses to incidents and threats to domestic security; second, make permanent the temporary cap exception for liability insurance, workers’ compensation insurance and employee group insurance; and finally, provide and exception from the county and municipal local budget cap for appropriations for the costs of goods and services, including wage and salary increases that are required under contracts entered into prior to July 7, 2004, the effective date of P.L. 2004, c74, the statute that reduced the local budget cap limits to the lesser of 2.5% or the consumer price index; and

 

            WHEREAS, while extremely beneficial for rational effective budgetary planning, the ‘cap banking’ problems created by the 2004 amendments will pose lasting and growing problems for municipalities trying to prepare for unanticipated exigencies and immanent needs; and

 

            NOW THEREFORE BE IT RESOLVED, that the Governing Body of the Borough of Englishtown does fully support and urge swift and favorable action on A-3444/S-2183; and

 

            BE IT FURTHER RESOLVED, that we do respectfully request an amendment to the bill to restore ‘cap banking’ to its previous status, as it existed prior to the 2004 amendments; and

 

            BE IT FUTHER RESOLVED, that copies of this resolution be forwarded to our State Legislative Delegation, the New Jersey League of Municipalities and Borough Chief Financial Officer.

 

Offered By:                  C/Simon

 

Seconded By:               C/Carr

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006- 171

 

Resolution Establishing Investment Policy

           

BE IT RESOLVED by the Borough Council of the Borough of Englishtown, that for the year 2006, the following shall serve as the Investment Policy for the Borough of Englishtown:                                

 

    Borough of Englishtown

                               Investment Policy

 

1.                  Policy

It is the policy of the Borough of Englishtown to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of our entity and conforming to all state and local statutes governing the investment of public funds.

2.                  Scope

This policy includes all funds governed by the Mayor and Council of the Borough of Englishtown.

3.                  Prudence

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.

4.                  Objective

The primary objective, in order of priority, shall be:

·        Legality – conformance with federal, state and other legal requirements

·        Safety – preservation of capital and protection of investment principal

·        Liquidity – maintenance of sufficient liquidity to meet operating requirements

·        Yield – attainment of market rates of return

The portfolio should be reviewed periodically as to its effectiveness in meeting the entity’s needs for safety, liquidity, rate of return, diversification and its general performance.

5.                  Delegation of Authority

Management and administrative responsibility for the investment program is hereby delegated to the Chief Financial Officer who, under the delegation of the governing body, shall establish written procedures for the operation of the investment program.

6.                  Ethics and Conflicts of Interest

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.

7.                  Authorized Financial Dealer and Institutions

The Chief Financial Officer will maintain a list of financial institutions authorized to provide investment services.  In addition, a list will also be maintained of approved security brokers/dealers selected by credit worthiness. 

8.                  Authorized and Suitable Investments

Investments may be made in any type of security allowed for in New Jersey Statutes regarding the investment of public funds.  Investments shall be made that reflect the cash flow needs of the fund type being invested.

9.                  Collateralization

Funds on deposit (checking accounts, certificates of deposits, etc.) in excess of FDIC limits must be secured by some form of collateral, witnessed by written agreement and held at an independent – third party institution in the name of the municipality.

10.              Safekeeping and Custody

All security transactions, including collateral for repurchase agreements, entered into by the Borough of Englishtown, shall be conducted on a delivery-versus-payment (DVP) basis.  Securities will be held by an independent third party custodian designated by the Chief Financial Officer and evidenced by safekeeping receipts and a written custodial agreement.

11.              Diversification

The entity shall diversify its investments to the best of its ability based on the type of fund invested and the cash flow needs of those funds.  Diversification can be by type of investment, number of institutions invested in, and length of maturity.

12.              Maximum Maturities

To the extent possible, the Borough of Englishtown shall attempt to match its investments with anticipated cash flow requirements.  Unless matched to a specific cash flow, the Borough of Englishtown will not directly invest in securities maturing more than 2 years from the date of purchase.

Reverse funds may be invested in securities exceeding 2 years if the maturities of such investments are made to coincide as nearly practicable with the expected use of funds.

13.              Internal Control

The Chief Financial Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse.  The internal control structure shall be designed to provide reasonable assurance that these objectives are met.  The internal controls shall address the following points:

·        Control of collusion

·        Separation of transaction authority from accounting

·        Custodial safekeeping

·        Written confirmation of telephone transactions for investment and wire transfers

14.              Performance Standards

This investment portfolio will be managed in accordance with the parameters specified within this policy.  The portfolio should contain a comparable rate of return during a market/economic environment of stable interest rates.  Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio.  Englishtown’s benchmark shall be the New Jersey Cash Management Fund.

15.              Reporting

The Chief Financial Officer shall prepare an investment report at least monthly.  The report should be provided to the Mayor and Council and available upon request.  The report should be in a format suitable for review by the general public.  An annual report should be provided to the Mayor and Council.

16.              Marketing to Market

A statement of the market value of the portfolio shall be issued to the Mayor and Council quarterly if money is being invested with an approved security broker/dealer.

17.              Investment Policy Adoption

This investment policy shall be adopted by the Mayor and Council.  This policy shall be reviewed on an annual basis by the Chief Financial Officer and any modifications made thereto must be approved by the governing body.

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-172

 

Resolution Canceling Old Outstanding Checks

 

WHEREAS, there remains within the current fund and payroll checking accounts old outstanding checks dated prior to 2000;

 

NOW THEREFORE BE IT RESOLVED, that the old outstanding checks dated prior to the year 2000 be canceled and returned to Surplus:

 

CURRENT CHECKING ACCOUNT – ACCOUNT #1111040036

CHECK #                        AMOUNT                  DATE OF ISSUE           PAYEE   

 

5133                            $  37.79                      Prior to 2001                Unknown

6287                            $799.84                      Prior to 2001                Unknown

           

PAYROLL CHECKING ACCOUNT – ACCOUNT #111013721

CHECK #                AMOUNT                        DATE OF ISSUE            PAYEE

3892                            $128.68                      Prior to 2000                Unknown

1908                            $112.29                      Prior to 2000                Unknown       

414                              $  37.47                            July 2000                Unknown

1560                            $127.11                      January 2001                Unknown

1674                            $  44.62                          April 2001                Unknown

1771                            $  42.48                           June 2001                Unknown

1900                            $  18.65                       August 2001                Unknown

2238                            $147.67                           May 2002                Unknown

2492                            $325.24                       October 2002              Unknown

3005                            $172.00                      November 2003            Unknown

3113                            $  47.79                        March 2004                Unknown

3317                            $320.49                      November 2004            Unknown

3339                            $185.10                      November 2004            Unknown

 

BE IT FURTHER RESOLVED, that a true certified copy of this resolution be forwarded to Borough Chief Financial Officer and Borough Auditor.

 

Offered By:         C/Simon                                  

 

Seconded By:      C/Robilotti

 

Roll Call: Ayes:    C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:  None

             Abstain:  None

              Absent:  C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-174

 

Resolution Canceling a Grants Receivable Balance

 

            WHEREAS, a receivable balance of $186.24 entitled Due from State of NJ Clean Communities Program which remains on the Current Fund balance sheet dedicated to a Clean Communities Grant has expired prior to December 31, 2002; and

 

            WHEREAS, it is necessary to formally cancel the receivable balance from the balance sheet;

 

            NOW, THEREFORE, BE IT RESOLVED that the following grant receivable balance be cancelled:

 

GRANT TITLE                                                                      AMOUNT CANCELLED

 

Receivable – Due from State of NJ                                                    $  186.24

Clean Communities Program Grant

 

 BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-175

 

Resolution Canceling Certain Grant Reserve Balances

 

            WHEREAS, there exits a reserve on the balance sheet of the Grant Fund; and

 

            WHEREAS, the funds creating this reserve have been investigated and it has been determined that this reserve should be canceled;

 

            NOW, THEREFORE, BE IT RESOLVED, by the council of the Borough of Englishtown, that the following reserve in the amount of $55,520.40 be and same is hereby canceled:

 

Reserve for Grants Appropriated

            DMV Inspection Fines-2005                            $  7,650.00

            School Aid BPP-2001                                     $22,280.00

            School Aid BPP-2003                                     $22,659.00

            Special Legislative Grant-2001                         $     583.40

            Playground Structure-2002                               $  2,348.00

           

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-176

 

Resolution Canceling a Grant Receivable and Reserve Balance

 

            WHEREAS, a receivable balance of $11,852.00 entitled Due from State of NJ Neighborhood Preservation Program which remains on the Current Fund balance sheet dedicated to a neighborhood preservation grant has expired prior to December 31, 2000; and

 

            WHEREAS, it is necessary to formally cancel the receivable balance and it’s offsetting appropriation reserve balance from the balance sheet;

 

            NOW, THEREFORE, BE IT RESOLVED that the following grant receivable and appropriation reserve balance be cancelled:

 

GRANT TITLE                                                                      AMOUNT CANCELLED

 

Receivable – Due from State of NJ                                                    $ 11,852.00

Neighborhood Preservation Grant

 

Reserve – Neighborhood Preservation Program                                   $ 16,838.17                                                       

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Simon

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-177

 

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 $389,187.37 be and

                   the same are hereby authorized to be paid on October 25, 2006.

 

2.        The Borough Clerk be and is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Simon

 

C/Carr asks where is money for fire protective clothing coming from?

 

C/Simon responds it is coming out of Trust Fund.

 

C/Carr states on page 7 we are paying $222.00 for 500 pre stamped envelopes for Water/Sewer Dept. We use to do post cards at $.30. Why did my bill come in a windowed enveloped pre stamped?

 

Laurie Finger responds we ran out of post cards this billing period.  The pre stamped envelopes are used for commercial billing.

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Palmieri

                                   

Borough of Englishtown

Resolution No. 2006-178

 

   Approving a Joint Effort with the College of New Jersey

               for a Community Outreach Process

 

            Whereas, the Borough of Englishtown has been working together with the Municipal Land Use Center at the College of New Jersey in connection with planning for the future of downtown Englishtown; and

 

            Whereas, the purpose of this cooperation is further smart growth principles within the community and provide for a planned economic development; and

 

            Whereas, in recognition of this cooperation, the New Jersey Department of Community Affairs, Office of Smart Growth has provided a Smart Future Planning Grant to the Municipal Land Use Center at the College of New Jersey to be used for the benefit of this Englishtown project, entitled, “Community Champions for Sustainability and Smart Growth Principles”; and

 

            Whereas, it is intended that the Municipal Land Use Center at the College of New Jersey will provide Englishtown with $8,000 from the Smart Future Planning Grant to support the costs of a community outreach process;

 

            Now therefore, Be It Resolved that the Borough of Englishtown will continue its cooperation and partnering with the Municipal Land Use Center at the College of New Jersey in connection with the Smart Future Planning Grant entitled “Community Champions for Sustainability and Smart Growth Principles,” will abide by the rules and restrictions of the grant, which grant is intended to provide $8,000 to the use of Englishtown to support the costs of its community outreach process.

 

            Be it further resolved that copies of this resolution be forwarded to the Borough Administrator, the Borough Clerk, the Borough Financial Officer the Department of Community Affairs of the State of New Jersey and the Municipal Land Use Center at the College of New Jersey.

 

Offered By:                  C/Carr                                    

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:               C/Rucker, C/Simon, C/Carr, C/Robilotti

                 Nays:              None

             Abstain:               None

              Absent:              C/Soden, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-179

 

Authorization of Purchases or 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:

 

 Initial Uniform Compliment

                             For New Hire                                    $1,581.45

                                                                                   

Purchased From:

Bob’s Uniform Shop

P.O. Box 578

504 Highway 35

                                           Middletown, NJ  07748

 

            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/Carr

 

Roll Call:  Ayes:            C/Rucker, C/Simon, C/Carr, C/Robilotti

                  Nays:          None

              Abstain:           None

               Absent:           C/Soden, C/Palmieri

 

Tax Collectors Report                        Month of September,  2006

 

                                                            Taxes, 2007                             $38,000.43

                                                            Taxes, 2006                             $49,809.38

                                                            Interest on Taxes                      $  2,333.52

                                                            Third Party Redemption            $36,652.08

                                                            Interest on Taxes                      $     722.66

                                                           

                                                            Total                                        $89,556.07

 

Public Portion

 

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

 

There being no questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

C/Carr asks if Code Department issued violation for illegal apartment on LaSatta Avenue.

 

Mayor Reynolds states that a note will be sent to Rick Hogan to see if summons was issued.

 

C/Carr states that we need to come up with a Municipal Court Security Plan for the State.

 

Mayor Reynolds asks if a copy has gone to the John Niziolek, Chief of Police.

 

C/Simon states that Judge Newman made recommendations.

 

Mayor Reynolds asks that we get a copy of recommendations.

 

Mayor Reynolds states that Election Day November 7th polls open from 6:00 AM – 8:00 PM.

 

Executive Session

 

No Executive Session this evening.

 

Adjournment

 

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

 

The time being 8:13 P.M.

 

 

 

__January 24, 2007________                                         

Approved by Governing Body