** AGENDA **

 

August 26, 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.                  Approval of Minutes  - June 10, 2009

 

5.         Committee Reports

 

6.         Correspondence

 

            7.         Borough Administrator/CFO Report

 

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.         Old Business:

           

A.         Ordinance No. 2009-11 – Public Hearing & Adoption

Ordinance Establishing Chapter 2.133 Entitled “Alarm Systems”

 

B.         Ordinance No. 2009-12 – Public Hearing & Adoption

Ordinance Amending & Supplementing Chapter 2.100

Entitled “Property Maintenance Code”

 

10.         New Business:

 

                        A.         Resolution No. 2009-169

                                    Amending Approved Budget in Accordance with the

Provisions of 40A:4-9

 

B.                 Resolution No. 2009-170

Authorizing the use of NIMS

 

C.         Resolution No. 2009-171

            Authorizing Refund of Overpayment on Taxes Paid

 

D.         Resolution No. 2009-172

In support of legislation A-3508 - Enabling Municipalities to Utilize Credit Unions as Depositories

 

E.         Resolution No. 2009-173

            Authorizing Approval of Department Requisitions

 

F.         Resolution No. 2009-174

Authorizing Payment of Borough Bills

 

11.       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.

           

            12.       Executive Session

 

13.              Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

Roll Call:  Present:   C/Cooke, C/Robilotti, C/Wojyn

                  Absent: C/Carr, C/Leonardis, C/Rucker

 

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

 

Attorney Youssouf states for the record the Borough Council will be operating on the rule of necessity this evening.  Mayor Reynolds would be the senior member of council constituting the majority for the transaction of business tonight.

 

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.

  

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of June 10, 2009 was offered by C/Robilotti and seconded by C/Cooke.  Passed on the following roll call:

 

Roll Call:         Ayes:  C/Cooke, C/Robilotti, C/Wojyn

                      Nayes:  None

                     Absent: C/Carr, C/Leonardis, C/Rucker

                    Abstain:  None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis was not in attendance this evening.  Nothing was reported.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        September 11th Memorial Service, 7 p.m. Borough Hall.

·        Reads correspondence received from Manalapan Youth Football Association – requesting permission to place 2 portable lighting systems in Sanford Park during their practice times, no later than 8 p.m.

Consensus of Mayor and Council to approve the request.  Resolution will be placed on tonight’s agenda.

·        Battleground Historical Society celebrating 40th anniversary.  Open house at the Village Inn 1-5pm.  Asking for $10.00 donation, which will go towards preserving the Inn.

·        Would like the County petitioned to change Wood Avenue to a no passing zone and possibly lowering speed limit.  Hasn’t been changed in years and area is now very built up with developments. 

Mayor Reynolds asks the Clerk to contact the County to see if they can change the road to a no passing zone.

 

Administration, Finance & Personnel

Councilman Wojyn has nothing to report this evening.

 

Public Safety

Councilwoman Robilotti reports:

·        Police Activity report from 8/10-8/23 were 261 total calls.

·        Commends all the first responders of the horrible accident that happened yesterday on Wood Avenue. 

 

Legislative, Insurance & Licenses

Councilwoman Carr was not in attendance this evening.  Nothing was reported.

 

Public Utilities

Councilman Rucker was not in attendance this evening.  Nothing was reported.

 

Correspondence

Peter Gorbatuk, Municipal Clerk

·        Monmouth County Scenic Byway Meeting 9/29 at 7p.m. Hall of Records Bldg.

 

Borough Administrator/CFO Report

Laurie Finger states:

·        Received agreement from Monmouth County Community Development to administer the Borough’s rehabilitation program.  I forwarded the agreement this evening to the Borough Attorney for his review.

·        Received August 14th from Manalapan Twp. a copy of their garbage and recycling bid specs, which I also forwarded to our attorney for his review.

 

Attorney Youssouf states after review of Manalapan’s garbage and recycling bid specs, feels he doesn’t economically see any benefits to the Borough and recommends that we not participate.

 

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/Cooke.  Passed unanimously.

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-11

 

ORDINANCE AMENDING AND SUPPLEMENTING

THE CODE OF THE BOROUGH OF ENGLISHTOWN

ESTABLISHING CHAPTER 2.133 ENTITLED “ALARM SYSTEMS”

 

            BE IT ORDAINED BY THE COUNCIL OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AS FOLLOWS:

 

SECTION 2.133.1            PURPOSE

The purpose of this ordinance is to provide standards and regulations and various types of intrusion, burglar, fire and other alarm devices requiring response thereto by the Police Department, Fire Department or other municipal agencies of the Borough of Englishtown.

 

SECTION 2.133.2            SCOPE

The provisions of this ordinance shall apply to any person who operates, maintains or owns any alarm system situated in the Borough of Englishtown having an audible signaling device or requiring a response by the Police Department, Fire Department or other municipal agency of the Borough of Englishtown.  The terms of this ordinance shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough of Englishtown, so long as such activity is not connected to the alarm console; except, however, that any person having a premises protected by an alarm system shall still be responsible for the registrations thereof in accordance with the provisions of this ordinance.

 

SECTION 2.133.3            DEFINITIONS

As used in this ordinance, the following terms shall have the meanings indicated:

 

ALARM SYSTEM – Any console alarm, dial alarm, local alarm or computer monitored alarm.

 

ALARM DISPATCH REQUEST – A notification to the Police Department that an alarm, either manual or automatic has been activated at a particular alarm site.

 

ALARM REGISTRATION – The notification by an Alarm Company or an Alarm User to the Borough Clerk that an Alarm System has been installed and is requesting authorization to activate the Alarm System.

 

ALARM SITE – A single fixed premises or location served by an Alarm System or systems.  Each tenancy, if served by a separate Alarm System in a multifamily building or complex shall be considered a separate Alarm Site.

 

ALARM SYSTEM – A device or series of devices, including but not limited to, systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement service of the Borough, including Local Alarm systems.  Alarm System does not include a system installed on a vehicle of Person unless the vehicle or Personal alarm is permanently located at a site.

 

ALARM USER – Any person, firm, partnership, corporation or other entity, which uses or is in control of any Alarm System at its Alarm Site.

 

AUTOMATIC VOICE DIALER – Any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line or other communication system, to a law enforcement agency.

 

CALENDAR YEAR – The period of time, commencing January 1st and ending December 31st of any given year.

 

CANCELLATION – Responding Agency Alarm dispatch cancellation is the process by which an alarm company providing monitoring verifies with the alarm user or responsible party that a false dispatch has occurred and that there is not an existing situation at the alarm site requiring law enforcement agency response.

 

CONVERSION – The transaction or process by which one Alarm Company begins monitoring of a previously unmonitored alarm system or an alarm system previously monitored by another alarm company.

 

CONSOLE ALARM – Any type of alarm device actuating equipment in the alarm console providing warning of intrusion, fire smoke, flood or other peril.

 

DURESS ALARM – A silent alarm system signal generated by the manual activation of a device intended to signal a life threatening situation or crime in progress requiring law enforcement response.

 

FALSE ALARM – An alarm dispatch request to a law enforcement agency, when the responding officer finds no evidence of a criminal offense after having completed a timely investigation of the alarm site.  Includes any alarm activated by inadvertence, negligence or the unintentional act of someone other than an intruder, and includes, as well, alarms caused by the malfunctioning of the alarm device or other relevant equipment.

 

HOLDUP ALARM – A silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

 

SECTION 2.133.4            REGISTRATION REQUIRED; APPLICATION FEES

A.                 No alarm user shall operate, or cause to be operated an alarm system at its alarm site without a valid alarm registration certificate issued by the Borough Clerk.  A separate registration is required for each alarm site.

 

B.                 There shall be an annual registration fee of $15.00 for residential alarm sites and $35.00 for commercial alarm sites.  No refund of a registration or registration renewal fee will be made.  The full annual registration fee must be submitted to the Borough Clerk within five (5) days after the alarm installation or alarm takeover regardless of what month the alarm is registered.

 

C.                 Upon receipt of a completed application form and the alarm registration fee, the Borough Clerk shall register the application unless the applicant has:

1-     Failed to pay a fine assessed under this ordinance; or

2-     Had an alarm registration for the alarm site suspended or revoked and the violation causing the suspension or revocation has not been corrected.

 

D.        Each alarm registration application must be made on the form provided by the Borough Clerk and must include the following information:

1-     The name, complete address and telephone numbers of the person who will be the registrant and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this ordinance;

2-     The classification of the alarm site as either residential, commercial or apartment;

3-     For each alarm system located at the alarm site, the classification of the alarm system, i.e. burglary, holdup, duress, fire or medical alert, for each purpose whether audible or silent;

4-     Mailing address if different from the alarm site;

5-     Any dangerous or special conditions present at the alarm site;

6-     If an alarm system is installed by an individual tenant in an apartment complex unit and is monitored by an alarm company, the tenant shall provide the name, address and phone number of a representative of the apartment owner or property manager who can grant access to the apartment to the alarm company.

7-     All persons responsible for the proper maintenance and operation of the alarm, shall in addition to the other requirements of this section, provide a 24 hour point of contact which can be used during vacation periods or business closure.

 

SECTION 2.133.5            REGISTRATION DURATION AND RENEWAL

A.           Registration shall expire December 31st of each year and must be renewed annually within thirty days of the registration expiration date by submitting an updated application and registration renewal fee to the Borough Clerk.  It is the responsibility of the Alarm User to submit an application prior to the registration expiration date.  Failure to renew will be classified as a use of a non-registered alarm system and citations and penalties shall be assessed.  A late fee of $35.00 shall be assessed if the renewal is more than thirty (30) days late.

 

B.          Alarm Users who register a new alarm during the calendar year shall pay the full fee for the entire first calendar year regardless of when the alarm is initially registered.

 

C.           A person whose alarm response has been suspended may have alarm response reinstated by the Chief of Police if the person has abided by one or more of the following:

1-     Submits an updated application and registration fee;

2-     Pays, or otherwise resolves all outstanding citations and fines;

3-     Submits a certification from the alarm company that complies with the requirements of this section, stating that the alarm system has been inspected and repaired, if necessary, by the alarm company;

4-     Payment of a reinstatement fee of $50.00

 

And one or more of the following, if applicable:

 

(a)    Submits proof that an employee of the alarm company caused the false alarm.

(b)   Files with the Chief of Police a written statement from a licensed alarm company that the alarm system has been inspected and found to be in good working order or repaired so as to be in good working order.

 

SECTION 2.133.6            DUTIES OF ALARM USER

A.           An Alarm User shall:

1-     Maintain the premises and the Alarm System in a manner that will minimize or eliminate False Alarms;

2-     Make every reasonable effort to respond or cause a representative to respond to the alarm system’s location within 30 minutes when notified by the municipality to deactivate a malfunctioning Alarm System, to provide access to the premises, or provide alternative security for the premises;

3-     Not manually activate an alarm for any reason other than an occurrence of an event that the Alarm System was intended to report.

 

SECTION 2.133.7            DUTIES OF ALARM COMPANY

A.        Alarm Companies performing monitoring services shall:

1-     Shall instruct their customers on the proper use of the alarm system and shall, after installation, review with the alarm user the proper operation of the alarm system and procedures to prevent false alarms;

2-     Report alarm signals by using telephone numbers designated by the Borough’s Chief of Police;

3-     Attempt to verify every alarm signal, except Duress and Holdup alarm activation before requesting a law enforcement response to an alarm system signal;

4-     Communicate alarm dispatch requests to the Police Department in a manner and form determined by the Chief of Police;

5-     Communicate cancellations to the Police Department in a manner and form determined by the Chief of Police;

6-     Ensure that all alarm users of alarm systems equipped with a duress or holdup alarm are given adequate training as to the proper use of the duress or holdup alarm;

7-     Communicate any available information about the location of the alarm;

8-     Communicate type of alarm activation (i.e. silent or audible, interior or perimeter together with the alarm user’s registration number when requesting dispatch;

9-     Endeavor to contact the alarm user when an alarm dispatch request is made; and

10- Upon enactment of this ordinance alarm companies that perform monitoring services in the Borough of Englishtown must maintain a current list of alarm users within the Borough.  Records must include the name, address and phone number of alarm users, the type and location of the alarm system and the name and addresses and phone number of a contact person in case of an alarm dispatch.

11- Alarm companies shall notify the Police Department prior to any testing of the alarm system installed in any unit, business or residential.

 

SECTION 2.133.8            INSPECTIONS

For purposes of enforcing the provisions of this chapter, the Police Department shall have the authority, at reasonable times and upon oral notice, to enter any premises in the Borough to inspect the installation and/or operation of any alarm device or system on official police business.

 

The Chief of Police shall establish procedures for notification of the alarm user of a false alarm.  Options may include, but are not limited to the officer leaving a door hanger or notice at the alarm site.  If a notice is left it shall include the following information:

 

1-     The date and time of law enforcement response to the false alarm;

2-     The identification number of the responding law enforcement officer; and

3-     A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines.

 

 SECTION 2.133.9            FINES

A.                 An alarm user shall be subject to fines, warnings and suspension or revocation of registration depending on the number of false alarms emitted from an alarm system during any consecutive twelve (12) month period based upon the following schedule:

 

Number of False Alarms:                                    Fines

 

                        1-2                                                            -0-

3-6                                                           $100.00 *

6+                                                            $200.00 *

 

* Plus a $35.00 late fee if not paid within thirty days.

 

B.                 The Police Department shall notify the alarm user in writing after the third false alarm, the notification shall include: the amount of the fine for each subsequent false alarm, the fact that response will be suspended after the 6th false alarm.

 

C.                 The Chief of Police shall notify the alarm user and the alarm company in writing after the 6th false alarm that alarm response has been suspended.  This notice suspension will also include the amount of the fine for each false alarm.

 

SECTION 2.133.10            SEVERABILITY

If any Article, section or subsection of this ordinance is, for any reason, held to be unconstitutional or invalid, such provisions shall be deemed severable.

 

SECTION 2.133.11            EFFECTIVE DATE

This ordinance shall take effect upon final passage and after publication as required by 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/Robilotti and seconded by C/Cooke.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-11, above titled, was offered by C/Robilotti and

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

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Cooke

 

Roll Call:    Ayes: C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

      Nays: None

 Abstain: None

Absent: C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-12

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING AND SUPPLEMENTING CHAPTER 2.100

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “PROPERTY MAINTENANCE CODE”

 

            WHEREAS: The uncontrolled growth of grass, weeds, brush and vegetation on vacant land within the Borough of Englishtown represents a potentially serious health and safety hazard to the citizens of the Borough by providing a habitat for rodents and vermin that can adversely affect the health, safety and welfare of the Borough residents.

 

            NOW, THEREFORE, BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown that Section 2.100 of the Code of the Borough of Englishtown entitled “Property Maintenance Code” be amended to add Article 3 as follows:

 

ARTICLE III

VACANT LAND

 

2.100.20            DUTIES OF OWNERS AND OCCUPANTS:          

The owner or person in possession of any vacant land situated in the Borough of Englishtown has an affirmative responsibility to keep such land free from brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debri and rubbish as defined in §2.100.11.

 

Where the vacant land abuts or borders any public street or sidewalk, it shall be the owner’s responsibility to maintain such area, so as not to create any obstructions.

 

Grass or weeds shall not be permitted to exceed ten (10) inches in height.

  

2.100.21          ABATEMENT BY BOROUGH; EXPENSE

Where abatement of any violation, as defined herein, work necessary to place the premises in a proper condition so as to conform to ordinances of the Borough of Englishtown or applicable laws of the State of New Jersey requires expending Borough monies, the Borough Engineer, Construction Official or Monmouth County Health Inspector or other duly appointed enforcement officer shall present a report of work proposed to be done to accomplish the foregoing to the Borough’s Certified Finance Officer with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the owners of the vacant land. The Borough of Englishtown’s Council may thereupon, by resolution, authorize the abatement of the necessary work to place the premises in proper condition and in compliance with this Code. The Borough shall thereafter proceed to have the work performed in accordance with the resolution at the Borough’s expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the monies expended and costs to the Borough of Englishtown’s Council. After review of the report, the Borough Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises. 

 

2.100.22            ENFORCEMENT OFFICER

The duty of administering and enforcing the provisions of this article is conferred upon the Code Enforcement Officer, Housing Official, Monmouth County Health Inspector, Borough Police, and any other duly appointed representatives. 

 

2.100.23          INSPECTIONS

All premises subject to this article are subject to inspection by the enforcing officer of the Borough. Such inspections may not take place except with probable cause. Probable cause shall be as defined by statutory and case law regarding governmental searches of property. 

 

2.100.24          PROCEDURE UPON DISCOVERY OF VIOLATIONS

A.     Except as otherwise provided hereof, where violations of this Article or the regulations hereunder are found to exist, a written notice from the Borough of Englishtown Code Enforcement Officer shall be served on the person or persons responsible for the correction thereof. 

 

B.      Notice shall be served personally or by certified mail to the last known address of the owner as shown in the records of the office of the Tax Collector of the Borough of Englishtown.

 

C.     The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed 30 days, to abate the violation. 

 

D.     Within 10 days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon by serving a written request within the ten-day period, in person or by certified mail, on the Code Enforcement Officer. Such request for a hearing shall set forth briefly the reasons for which the request for a hearing is made and the factual matters contained in the notice of violation for which the hearing is requested. The Code Enforcement Officer, upon receipt of the request for hearing, shall, within 30 days there from and upon five days' notice to the parties so requesting, conduct a hearing. 

 

E.      At the hearing provided hereunder, the Code Enforcement Officer shall hear all parties, and his final determination shall be made within 10 days from the completion of the hearing. He shall then issue an order incorporating the determinations and directions contained in the notice, modifying said notice if he so deems necessary. The Code Enforcement Officer may extend the time for correction of the violations where he deems necessary. 

 

F.            In the event that the violation is not abated, or fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Code Enforcement Officer, a summons shall then be issued against such person or persons charged with the violation.   

 

G.     Hearing officers shall be the Code Enforcement Officer, Zoning Officer and the Construction Code Official of the Borough of Englishtown. If any of those positions are vacant or occupied by the same individual, the hearing officers shall be those individuals currently serving as the foregoing officers and/or officials. In the event of a conflict of interest with respect to any of those individuals, the hearing officers shall be those individuals serving as the foregoing officers and/or officials without a conflict of interest.

 

2.100.25     VIOLATIONS AND PENALTIES

Any person or entity who shall violate any of the provisions of this Article or any order promulgated hereunder shall, after a summons issued under the terms hereof, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this article each day that each such violation shall continue shall be deemed to be a separate and distinct offense. 

 

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

 

Adoption

A motion to adopt Ordinance No.2009-12, above titled, was offered by C/Robilotti and

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

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Cooke

 

Roll Call:    Ayes: C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

      Nays: None

 Abstain: None

Absent: C/Carr, C/Leonardis, C/Rucker

  

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-169

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

TO AMEND APPROVED BUDGET

IN ACCORDANCE WITH THE PROVISIONS OF 40A:4-9

 

            WHEREAS, the local municipal budget for 2009 was approved on March 31, 2009; and

 

            WHEREAS, the public hearing on said budget has been held as advertised; and

 

            WHEREAS, the governing body desires to amend said approved budget;

 

            NOW THEREFORE BE IT RESOLVED, by the governing body of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the following amendments to the approved budget of 2009 be made:

 

CURRENT FUND

 

REVENUES                                                               FROM                                TO

 

1.         Surplus Anticipated                               $     476,750.00                  $     446,000.00       

          Total Surplus Anticipated                               476,750.00                         446,000.00  

 

3.      Miscellaneous Revenues – Section G:         

             Regional School District Receivable                        0.00                           18,540.31

            Cable Franchise Fees                                              0.00                           18,800.00

 

Total Miscellaneous Revenues – Section G                 73,537.32                          110,877.63

 

Total Miscellaneous Revenues                                  428,949.41                          466,289.72

           

5.         Subtotal General Revenues                           978,699.41                          985,289.72

 

6.         Amount to be raised by Taxes                      959,931.67                          953,056.74

 

7.         Total General Revenues                         $   1,938,631.08               $     1,938,346.46

 

APPROPRIATIONS

 

(     E)   Deferred Charges and Statutory Expenditures -

Within “CAPS”                                    

Contribution to PERS                                        $               0.00                  $          16,600.50          

 

Total Deferred Charges & Statutory Expeditures -   

Within “CAPS”                                              68,272.50                             84,873.00

 

(H-1) Total General Appropriations                    $   1,524,611.50                   $ 1,541,212.00

 Within “CAPS”

 

(A)  Operations – Excluded from “CAPS”                                                        

Contribution to PERS                                                   16,600.50                                    0.00

 

Total Other Operations Excluded from “CAPS”            49,483.50                            32,883.00

 

Total Operations – Excluded from “CAPS”                   109,646.59                          93,046.09

 

Detail:

Other Expenses                                                             109,646.59                          93,046.09

 

(H-2) Total General Appropriations for Municipal

    Purposes Excluded from “CAPS”                               216,146.59                        199,546.09

 

(O) Total General Appropriations Excluded

   from “CAPS”                                                              216,146.59                        199,546.09

 

(M) Reserve for Uncollected Taxes                                       197,872.99                        197,588.37

 

9.   Total General Appropriations                                    $   1,938,631.08                 $ 1,938,346.46

 

BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40A: 4-9, be published in the Asbury Park Press in the issue of 9/3/09, and that said publication contain notice of public hearing on said amendment to be held at the Municipal Building on 9/9/09 at 7:30 pm.

 

            BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for certification of the 2009 Local Municipal Budget as amended.

 

      Offered By:      C/Robilotti

      Seconded By:      C/Cooke

 

    Laurie Finger, CFO explains for the record why we are doing this amendment.  This is not changing the amount to be raised by taxation, it is just a little bit of housekeeping that DCA wants us to do, moving some items from outside of CAP to inside of CAP.  When they denied the deferral of school taxes we had to then use the remainder of our surplus to keep the tax rate level.

 

    Roll Call:  Ayes:    C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

      Nays:      None

              Abstain:      None

               Absent:      C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-170

 

AUTHORIZING THE USE OF N.I.M.S.

(NATIONAL INCIDENT MANAGEMENT SYSTEM)

 

            WHEREAS, in Homeland Security Presidential Directive (HSPD) 5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and Local governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and

 

            WHEREAS, the 9-11Commission recommended adoption of a standardized incident Command System; and

 

            WHEREAS, it is necessary that all Federal, State, and Local emergency management agencies and other public safety agencies coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

 

            WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and Local organizations utilize standard terminology, standardized organizational structures, uniform personnel qualifications standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and

 

            WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability to utilize State and Federal funding to enhance County and Local agency readiness, maintain first responder safety, and streamline incident management processes; and

 

            WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, County, and Local Municipalities, including all public safety and emergency response organizations training programs; and

 

            WHEREAS, over fifty Federal grant programs mandate that NIMS be adopted as a prerequisite for obtaining these grants;

 

            NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the National Incident Management System (NIMS) be utilized for all incident management in the Borough of Englishtown;

 

            BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be distributed to the Officer of Emergency Management and Chief of Police.

           

     Offered By:      C/Robilotti                                     

 

     Seconded By:      C/Cooke

 

      Roll Call:  Ayes:      C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

                      Nays:      None

                   Abstain:      None

                    Absent:     C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-171

 

RESOLUTION AUTHORIZING REFUND OF

OVERPAYMENT ON TAXES PAID

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported receiving an excess payment in the amount of $1,501.64 from Wells Fargo Real Estate Tax Services, LLC for the property known as Block 6, Lot 14.38 c38 – 38 Oxford Court in the Borough of Englishtown;

 

            NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $1,501.64 be refunded to Wells Fargo Real Estate Tax Services, LLC; x2301-03b/Vav Reunv (ARU) P.O. Box 14506  Des Moines, IA 50306-9395, as they paid taxes in excess of amount due; and

 

            BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Cooke

 

Roll Call:  Ayes:     C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

                  Nays:   None

                    Abstain:    None

                     Absent:   C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-172

 

RESOLUTION IN SUPPORT OF LEGISLATION A-3508

ENABLING MUNICIPALITIES TO UTILIZE

CREDIT UNIONS AS DEPOSITORIES

 

            WHEREAS, local government entities are continually seeking ways to cut costs and save taxpayer dollars; and

 

            WHEREAS, credit unions are not-for-profit, financial cooperatives established to promote thrift by mutuality of ownership; and

 

            WHEREAS, these institutions are locally-owned by their members and play an active role in the community by encouraging personal thrift through savings accounts, homeownership through mortgage lending, and local economic development through small business lending; and

 

            WHEREAS, New Jersey Government Unit Depository Protection Act of 1970 (GUDPA) was enacted to ensure that local governments were adequately protected in the event a depository failed but before credit union deposits became federally insured to the same levels of banks and thrift depositories; and

 

            WHEREAS, US Government established the National Credit Union Share Insurance Fund (NCUSIF) and beginning in 1971 deposits in New Jersey credit unions have been guaranteed by the full faith and credit of the United States to the same levels as banks and thrift deposits insured by the Federal Deposit Insurance Corporation (FDIC); and

 

            WHEREAS, one-half of states including Illinois, Indiana, Michigan, Pennsylvania and Texas and many large cities throughout the United States expressly allow for the deposit of public funds in credit unions; and

 

            WHEREAS, enacting legislation to permit the deposit of municipal, county and other public funds in credit unions, the state will be helping local government entities by expanding their financial options, increasing the likelihood that these deposits will be used for local economic development and creating additional competition, which can be expected to result in savings to the taxpayer.

 

            NOW THEREFORE BE IT RESOLVED that the governing body of the Borough of Englishtown calls upon the New Jersey Legislature to adopt and the Governor to sign legislation (A-3508/S-2357) which would permit municipalities and other local government entities to utilize credit unions, which meet the criteria established under the Government Unit Depository Act of 1970 (GUDPA) and which credit unions are on the list of “eligible depositories” maintained by the New Jersey Division of Banking, as a depository.

 

            BE IT FURTHER RESOLVED that the Municipal Clerk is hereby directed to send a certified copy of this adopted resolution to the Governor, New Jersey State Legislators and New Jersey League of Municipalities.

 

      Offered By:      C/Robilotti

 

      Seconded By:      C/Cooke

 

      Roll Call:  Ayes:      C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

                      Nays:      None

                   Abstain:      None

                   Absent:      C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-173

 

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 $6,367.14

are hereby authorized to be processed into purchase orders on August 26, 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/Cooke

 

C/Robilotti questions pg. 3 – Tony’s Appliance – thermostat installation.  Why couldn’t our DPW do the installation.  Laurie Finger states it was complicated.  Several units are tied into it.

 

Roll Call:         Ayes:   C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

                       Nays:   None

                   Abstain:    None

                    Absent:   C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-174

 

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 $418,788.41

                   are hereby authorized to be paid on August 26, 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/Robilotti

 

Seconded By:         C/Cooke

 

Roll Call:   Ayes:   C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds

                  Nays:  None

               Abstain:  None

                Absent: C/Carr, C/Leonardis, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-175

 

GRANTING APPROVAL FOR SANFORD PARK USAGE

AFTER DUSK WITH PORTABLE LIGHTING

 

            WHEREAS, the Mayor and Council has received correspondence from the Manalapan Youth Football Association requesting the usage of Sanford Park after dusk hours and utilizing a portable lighting system which will be supplied by the Manalapan Youth Football Association; and  

 

            WHEREAS, this organization is comprised of youths from Englishtown and Manalapan and the request is due to the organization being displaced from previously used fields in the area due to soil contamination; and

 

            WHEREAS, this request would coincide with their existing Sanford Park Permit which expires on October 29, 2009 and would extend the end time for approximately one hour of which the portable lighting system would be used and the park shall be vacated no later than 8:00 p.m. on their assigned nights.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, that the request is granted for Manalapan Youth Football Association to extend their permit hours past dusk, no later than 8:00 p.m. on previously approved days and the Manalapan Youth Football Association may utilize a portable lighting system which shall be at no cost or liability to the Borough of Englishtown and the Borough of Englishtown shall be named as loss payee on such portable lighting system used by the Manalapan Youth Football Association.

 

            BE IT FURTHER RESOLVED that a certified true copy of this resolution be distributed to the Manalapan Youth Football Association and the Borough Clerk.

 

Offered By:            C/Robilotti      

                                   

Seconded By:         C/Cooke       

 

Roll Call:  Ayes:   C/Cooke, C/Robilotti, C/Wojyn, Mayor Reynolds         

                  Nays: None     

              Abstain: None

               Absent: C/Leonardis, C/Rucker, C/Carr

 

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.

 

Lynn Strong compliments the Englishtown Police Dept and Englishtown First Aid for their quick response to the accident on Wood Avenue.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Cooke.   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 client privileged material; 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/Cooke

 

Roll Call:     Ayes:   C/Cooke, C/Robilotti, C/Wojyn

                   Nays:  None

                Absent:   C/Carr, C/Leonardis, C/Rucker

               Abstain:    None

 

The time being 8:00 P.M.

 

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

 

The time being 8:18P.M.

 

Adjournment

 

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

 

The time being 8:19 P.M.

 

 

 

_November 9, 2009________                                          ________________________

Approved by Governing Body                                          Municipal Clerk