** AGENDA **

 

April 6, 2009

 

7:30 P.M.

 

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

 

1.        Meeting Called to Order and Roll Call

 

2.        Statement of Compliance with Sunshine Law

 

3.                  Moment of Silence and Salute to the Flag

 

4.        Meeting Workshop

 

5.                  Approval of Minutes  - January 28, 2009

 

6.        Committee Reports

 

            7.        Correspondence

 

            8.        Borough Administrator/CFO Report

 

9.        Open Public Portion/Limited to Agenda Items Only

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

 

10.        Old Business:

           

A.        Ordinance No. 2009-05 – Public Hearing & Adoption

Exceeding the Municipal Budget Appropriation Limits and Establishing a CAP Bank

 

11.            New Business:

 

A.                 Ordinance No. 2009-06 – First Reading & Introduction

Establishing Chapter 2.33, Entitled “Charitable Clothing Bins”

 

B.         Ordinance No. 2009-07- First Reading & Introduction

Amending Chapter 2.55, Entitled “Animal Control Regulations”

 

C.                 Resolution No. 2009-096

Honoring Our Troops & Supporting “Support Our Troops Day”

 

                        D.         Resolution No. 2009-097

Opposition to Governor Corzine’s FY 2010 State Budget

 

E.         Resolution No. 2009-098

Adoption of The Hazard Mitigation Plan

 

F.         Resolution No. 2009-099

Emergency Temporary Appropriations

 

G.         Resolution No. 2009-100

Authorizing Approval of Department Requisitions

 

H.         Resolution No. 2009-101

Authorizing Payment of Borough Bills

 

I.         Resolution No. 2009-102

Hiring Tax Appeal Expert to Represent Borough

 

12.       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.

           

            13.       Executive Session

 

            14.      Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:33 P.M.

 

Roll Call:  Present:            C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Absent:           None

 

Also present were Peter Gorbatuk, Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, 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.

There are no workshop items this evening.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 28, 2009 was offered by C/Carr and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·                    The Easter Egg Hunt was Saturday, April 4th.  Very successful.  Thanks the fire dept for the use of their tables, and the Easter Bunny for coming.  Did not utilize DPW this year to save the Borough money. 

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

·                    Attended meeting on the March 31st regarding combining school districts.  The only determination was that a feasibility study would be done.

 

Public Safety

Councilman Soden has nothing to report this evening.

 

Legislative, Insurance & Licenses

Councilwoman Carr has nothing to report this evening.

 

Public Utilities

Councilman Rucker has nothing to report this evening.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

·                    Would like to request emailing the NJ League of Municipalities Mayors Fax Advisories as a cost saving effort.  Council consensus unanimous.

·                    Reminder Central Jersey Council of Governments meeting with Governor Corzine is tomorrow at 6:30 p.m. in Marlboro Twp., Council Chambers.

·                    Free seminar in New Brunswick regarding state energy conservation initiatives that I would like to attend.

 

Borough Administrator/CFO Report

Laurie Finger reports:

·                    Spoke to Jim Mastrokalos, Water Superintendent regarding the water reports since there was a concern about the price.  Per Jim it is mandatory to send them out however we can save $1,157.00 by switching to black and white instead of color.

·                    Manalapan Twp. is going to the Division of Local Government Services to apply for a cooperative pricing system.  They would like to know if we would be interested in joining with them along with the 2 school entities, and Manalapan fire districts and Manalapan Twp. would act as the lead agency.  They sent me an agreement along with a resolution, which I would like our attorney to review.   There is no cost to us to join.

 

Mayor Reynolds states after the attorney reviews it he would like it on the agenda as a discussion item.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN             PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-05       

 

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

 

WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

 

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

WHEREAS, the Mayor and Council hereby determine that a 1% increase in the budget for said year, amounting to $4,784.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

WHEREAS, the Mayor and Council hereby determine that any amount authorized hereinabove that is not appropriated, as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

NOW, THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $44,416.00 and that the CY 2009 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,

 

BE IT FURTHER ORDAINED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

 

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

There being no questions or comments, a motion to close the public hearing was

offered by C/Rucker and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-05, above titled, was offered by C/Rucker and

Seconded by C/Robilotti.  Passed on the following roll call:

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:      C/Carr, C/Cooke, C/Robilotti, C/Rucker, C/Soden

                             Nays:    C/Leonardis

 Abstain:     None

 Absent:    None

  

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-06

 

AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 2

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ESTABLISHING CHAPTER 2.133 ENTITLED,

“CHARITABLE CLOTHING BINS”

 

            WHEREAS, N.J.S.A. 40:48-2.60 et. seq. authorizes municipalities to impose and collect fees from persons wishing to place charitable clothing collection bins within a municipality; and

 

            WHEREAS, The Governing Body of the Borough of Englishtown deems it necessary, desirable and in the public interest to adopt an ordinance regulating the placement and establishing fees for the placement of charitable clothing collection bins within the Borough.

 

            NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN AS FOLLOWS:

 

Article I

 

D.                 SECTION 2.133  PERMIT REQUIRED

 

2.133-1            All persons seeking to place a charitable clothing collection bin, as that term is defined by N.J.S.A. 40:48-2.60 et. seq., within the Borough of Englishtown shall make application to the Clerk of the Borough for a Charitable Clothing Bin permit on such forms as shall be supplied by the Clerk.

 

2.133.2            Applicants shall pay an annual fee in the amount of twenty-five dollars ($25.00) for the above specified permit.

 

2.133.3            An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of a twenty-five dollar ($25.00) renewal fee.

 

2.133.4            Applicants for the above specified permit shall submit, as part of their application, written consent of the property owner upon whose land the charitable donation clothing collection bin be placed.

 

            BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed to the extent of their inconsistency herewith.  Should any section, subsection, sentence, clause, phrase, or portion of this ordinance be held 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 provisions hereof.

 

            BE IT FURTHER ORDAINED that this Ordinance shall take effect upon its passage and publication pursuant to law.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:           C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker

                             Nays:        C/Soden

 Abstain:         None

 Absent:        None

 

Peter Gorbatuk, Municipal Clerk states the Public Hearing & Adoption on Ordinance No. 2009-06 is scheduled for the April 22, 2009 Council Meeting.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-07

 

ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING AND SUPPLEMENTING CHAPTER 2.55

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “ANIMAL CONTROL REGULATIONS”

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey as follows:

 

ARTICLE I

Section 2.55.02(F) is hereby amended to read as follows:

 

(F)                                      The annual license fee for each neutered/spayed animal is Thirteen Dollars ($13.00); for each non-neutered/non-spayed animal the annual license fee is Sixteen Dollars ($16.00).  Persons failing to obtain the required license within the time period specified in this section shall be subject to a fine of Twenty-Five Dollars ($25.00).  If the offense continues unabated for an additional period of thirty (30) days an additional fine in the amount of Twenty-Five Dollars ($25.00) shall be levied.  Additional fines in said amount shall be imposed for each thirty-day (30) period that the pet animal remains unlicensed.

 

ARTICLE II

            All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.  If any section, subsection, 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.

 

E.                 ARTICLE III

            This Ordinance shall become effective immediately upon passage and publication according to law.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                             Nays:       None

 Abstain:        None

 Absent:       None

Peter Gorbatuk, Municipal Clerk states the Public Hearing & Adoption on Ordinance No. 2009-07 is scheduled for the April 22, 2009 Council Meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-096

 

A RESOLUTION HONORING OUR TROOPS

AND SUPPORTING “SUPPORT OUR TROOPS DAY”

 

            WHEREAS, the people of this municipality support the New Jersey National Guard and Reserve in the strongest possible terms, are immensely proud of their accomplishments, and are extremely grateful for their services to this State and to the nation over the years; and

 

            WHEREAS, in the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession by responding to their community and their country in time of need; and

 

            WHEREAS, it is right and proper that we set aside time to honor these fine men and women for the sacrifices they make for every one of us; and

 

            WHEREAS, the New Jersey National Guard State Family Readiness Council is honoring them with a concert by the Blawenburg Band at the National Guard Armory in Lawrenceville on “Support our Troops Day” on Sunday, April 19, 2009.

 

            NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Englishtown, County of Monmouth, hereby resolves that it honors these service members and the day of appreciation be set aside for them.

 

            BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the New Jersey National Guard State Family Readiness Council, and the New Jersey State League of Municipalities.

 

Offered By:                  C/Rucker        

 

Seconded By:               C/Robilotti

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

                 Nays:      None

             Abstain:      None

              Absent:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-097

 

RESOLUTION IN OPPOSITION

TO GOVERNOR CORZINE’S FY 2010 STATE BUDGET

 

            WHEREAS, over the past seven years, New Jersey’s tax burden has become so oppressive that it is driving tens of thousands of hard working middle class families out of our state each year; and

 

            WHEREAS, more than 230,000 people have left New Jersey for more tax-friendly states from 2002 to 2006 due to the ever increasing cost of property taxes; and

 

            WHEREAS, during the last seven years property taxes on average have risen almost 55% statewide, and by 20% since Governor Corzine has been in office; and

 

            WHEREAS, this budget will further hurt property taxpayers by reducing non-senior homestead rebates for those earning between $50,000 and $75,000, and eliminating rebates for those earning more than $75,000; and

 

            WHEREAS, the proposed budget cuts municipal aid by $31.2 million, which will put additional pressure on local property taxes; and

 

            WHEREAS, according to a leading economist, the enactment of the FY 2010 state budget will cost the average taxpayer about $1,700 a year; and

 

            WHEREAS, Governor Corzine’s FY 2010 budget spends too much of hour hard earned tax dollars; and when the $2 billion in federal “stimulus” funds are included this budget will exceed last year’s $32.8 billion; and

 

            WHEREAS, since 2002, 104 new taxes have been instituted, and this budget will continue this trend, by increasing taxes on payroll, income, cigarettes, alcohol, lottery winnings and increasing DMV fees, for a total of $1 billion; and

 

            WHEREAS, the governor’s budget cuts, particularly his average 2% reduction in municipal aid statewide, will further shift the tax burden from the state to local property taxpayers and make our state even more unaffordable; and

 

            WHEREAS, this budget is a collection of broken promises and a total abandonment of New Jersey’s middle class.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, voice our objections to Governor Corzine’s FY 2010 State Budget and demand no additional tax increase, an increase in municipal aid and the re-instatement of the property tax deduction.

 

            BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be sent to Governor Jon S. Corzine, Assembly Speaker Joseph Roberts, Senate President Richard J. Codey, Senate Minority Leader Tom Keans Jr., Assembly Minority Leader Alex DeCroce and all state legislators representing our legislative district.

 

Offered By:                  C/Rucker        

 

Seconded By:               C/Carr

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-098

 

ADOPTION OF THE HAZARD MITIGATION PLAN

AS AN OFFICIAL PLAN OF THE BOROUGH OF ENGLISHTOWN

 

            WHEREAS, the Borough of Englishtown, County of Monmouth, State of New Jersey, has experienced natural hazards that result in public safety hazards and damage to private and public property; and

 

            WHEREAS, the hazard mitigation planning process set forth by the State of New Jersey and the Federal Emergency Management Agency offers the opportunity to consider natural hazards and risks, and to identify mitigation actions to reduce future risk; and

 

            WHEREAS, the New Jersey Office of Emergency Management provided federal mitigation funds to support development of the Monmouth County Multi-jurisdictional All Natural Hazards Pre-Disaster Mitigation Plan; and

 

            WHEREAS, this Hazard Mitigation Plan has been developed by the Mitigation Planning Committee; and

 

            WHEREAS, this Hazard Mitigation Plan includes a prioritized list of mitigation actions including activities that, over time, will help minimize and reduce safety threats and damage to private and public property; and

 

            WHEREAS, two public meetings were held on July 17, 2007 and November 29, 2007, to introduce the planning concept and to solicit questions and comments, and to present the Plan and request comments, as required by law.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown:

 

  1. The Hazard Mitigation Plan is hereby adopted as an official plan of the Borough of Englishtown; minor revisions recommended by the Federal Emergency Management Agency and/or the New Jersey Office of Emergency Management may be incorporated without further action.

 

  1. The Municipal Office of Emergency Management and the various Municipal Departments identified in the Plan are hereby encouraged to pursue implementation of the recommended high priority activities that are applicable to their departments.

 

  1. Any action proposed by the Plan shall be subject to and contingent upon budget approval, if required, which shall be at the discretion of the Borough of Englishtown council and this resolution shall not be interpreted so as to mandate any such appropriations.

 

  1. The Municipal Office of Emergency Management is designated to coordinate with other offices and shall periodically report on the activities, accomplishments, and progress, and shall prepare an annual progress report to be submitted to the Monmouth County Office of Emergency Management.  The status reports shall be submitted by September 15th of each year.

 

Offered By:                  C/Robilotti      

 

Seconded By:               C/Rucker

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-099

 

EMERGENCY TEMPORARY APPROPRIATIONS

 

WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2009 Budget and no adequate provision has been made in the 2009 temporary budget for the aforesaid purposes, and

 

WHEREAS, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2009 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $381,263.00

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $376,713.00 as per attached sheet.

 

2.  Said emergency temporary appropriations will be provided for in the 2009 budgets.

 

3.      That one certified copy of this resolution be filed with the Director,

 Division of Local Government Services.

 

Offered By:                  C/Robilotti      

 

Seconded By:               C/Cooke

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-100

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS

 

            WHEREAS, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

 

            WHEREAS, after due consideration of the said requisitions, the Mayor and Council have approved processing of same.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:

 

1.      The said approved requisitions amounting to the sum of $4,642.62

are hereby authorized to be processed into purchase orders on April 6, 2009.

 

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

Minutes Book following the minutes of this meeting all of the said requisitions hereby authorized to be processed into purchase orders.

 

Offered By:          C/Robilotti                              

 

Seconded By:       C/Carr

 

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

                 Nays:   None

             Abstain:    None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-101

 

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 $223,108.11

                   are hereby authorized to be paid on April 6, 2009.

 

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/Rucker        

 

Seconded By:               C/Robilotti

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN    

RESOLUTION NO. 2009-102

 

HIRING TAX APPEAL EXPERT FOR BOROUGH REPRESENTATION

FOR TAX APPEALS FILED IN TAX COURT

 

            WHEREAS, there is a need to retain Certified Valuations of Randolph, N.J. to represent the Borough of Englishtown as our tax appeal expert for the court case scheduled in tax court on April 8, 2009 for the 2008 tax appeals related to Block 1, Lot 1; Block 9, Lot 11; Block 3.01, Lot 7; and

 

            WHEREAS, Certified Valuations shall be retained at a cost of one hundred fifty dollars ($150.00) per hour to include services rendered in connection with preparation, re-inspections, consultations, and actual appearances at appeal proceedings.

 

            NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that Certified Valuations shall be represent the Borough of Englishtown as our tax appeal expert in tax court for the 2008 tax appeals listed above.

 

            BE IT FURTHER RESOLVED that a certified copy of this resolution shall be sent to Certified Valuations and filed in the office of the Municipal Clerk.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

 

Public Portion

 

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

 

Mayor Reynolds states at the last meeting, there was some discussion regarding the tax rates of Manalapan and Englishtown.  I since gathered some information.  Manalapan’s overall tax rate is 1.736, which is higher than Englishtown.  Ours is 1.729.  We do pay a higher municipal tax rate than Manalapan, however they pay higher County taxes and school district taxes.  Our Municipal tax rate is .328.  Manalapan’s is .304.

 

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

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of potential 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/Robilotti

 

Seconded By:       C/Leonardis

 

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

                 Nays:            None

                Absent:          None   

               Abstain:           None

 

The time being 7:59 P.M.

 

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

 

The time being 8:02 P.M.

 

Adjournment

 

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

 

The time being 8:03 P.M.

 

 

 

__June 24, 2009 __________                                          ________________________

Approved by Governing Body                                          Municipal Clerk