** AGENDA **

 

June 10, 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.         Presentation:    Presentation of 2008 Audit by Eugene Farrell of

                                    Hutchins, Farrell, Meyer & Allison, P.A.

 

5.         Meeting Workshop:

·        Discussion Item: Resolution Proposing the Formation of a Joint Municipal Consolidation Study Commission (Tabled from the May 27th Council Meeting)

 

6.         Approval of Minutes – March 25, 2009

 

7.                  Proclamations

·        Proclaiming June as “Myasthenia Gravis Awareness Month”

·        Proclaiming September as “Ovarian Cancer Awareness Month”

 

8.            Committee Reports

 

9.            Borough Engineer’s Monthly Report – June 2009

 

10.            Correspondence

 

   11.       Borough Administrator/CFO Report

 

   12.   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.

  

13.  Old Business

 

A.        Ordinance No. 2009-09 – Public Hearing & Adoption

An Ordinance Amending Water Rates Within the Borough

 

B.        Resolution No. 2009-123 – Tabled from the May 27th Council Mtg.

Authorization of Purchases Over $800 – Avaya Telephone Maintenance Contract

 

   14.   New Business

 

A.        Resolution No. 2009-130

                        2008 Audit of the Borough of Englishtown

 

B.        Resolution No. 2009-131

            Resolution Accepting Corrective Action Plan

 

C.        Resolution No. 2009-132

Authorizing Services Over $800

Annual 15 Point Tank Review for (2) Water Towers

 

D.        Resolution No. 2009-133

Authorizing Approval of Department Requisitions                       

 

E.         Resolution No. 2009-134

                        Authorizing Payment of Borough Bills

 

15.      Tax Collectors Report – April 2009

 

16.      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.

           

            17.      Executive Session

 

            18.      Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 p.m.

 

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

                  Absent:            *C/Carr (late arrival 8:00 p.m.)

 

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

 

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.

 

Presentation: Presentation of 2008 Audit by Eugene Farrell of Hutchins, Farrell, Meyer & Allison P.A.

 

Mayor Reynolds opens the floor to Eugene Farrell of Hutchins, Farrell, Meyer & Allison P.A. to discuss the 2008 Audit.

 

Meeting Workshop:            Discussion Item: Resolution Proposing the Formation of a Joint Municipal Consolidation Study Commission – Tabled from the May 27th Council Mtg.

 

A motion was made to remove this Resolution from Table by C/Cooke and seconded by C/Soden.

 

A motion to move Resolution No. 2009-135 was offered by C/Cooke and seconded by C/Soden.

 

Attorney Youssouf states the motion that is before the board is intended to formally express their intention to establish a joint municipal consolidation commission with the Township of Manalapan in accordance with the provisions of N.J.S.A. 40:43-66.39 et. seq.  Should this Resolution fail, there will be no further action.

 

Mayor Reynolds reiterates that should you vote yes on this resolution it means you are supporting the resolution to consolidate and a no vote means you are voting against the resolution and there will be no further action taken

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-135

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE

BOROUGH OF ENGLISHTOWN PROPOSING THE FORMATION OF

A JOINT MUNICIPAL CONSOLIDATION STUDY COMMISSION

IN ACCORDANCE WITH THE PROVISIONS OF N.J.S.A. 40:43-66.39 ET SEQ.

 

            WHEREAS; N.J.S.A. 40:66.38 provides that any two contiguous municipalities in the same county may be consolidated into a single municipality; and

 

            WHEREAS; N.J.S.A. 40:43-66.39 provides that the governing body of any municipality proposing to consolidate with a contiguous municipality may, by ordinance or resolution, propose the formation of a joint municipal consolidation study commission for the purpose of investigating the feasibility of the proposed consolidation; and

 

            WHEREAS; The Mayor and Council of the Borough of Englishtown, in recognition of the economic realities facing municipalities in the State of New Jersey, are desirous of investigating the feasibility and economic ramifications of a consolidation or merger with the Township of Manalapan; and

 

            WHEREAS; The Mayor and Council of the Borough of Englishtown desire to establish a joint municipal consolidation study commission with the Township of Manalapan pursuant to the provisions of the “MUNICIPAL CONSOLIDATION ACT”, N.J.S.A. 40:43-66.35 et. seq.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that, by these presents they do formally express their intention to establish a joint municipal consolidation commission with the Township of Manalapan in accordance with the provisions of N.J.S.A. 40:43-66.39 et. seq.

 

            BE IT FURTHER RESOLVED that certified true copies of this Resolution be forwarded to the Clerk of the Township of Manalapan and the Clerk of the County of Monmouth in accordance with the provisions of N.J.S.A. 40:43-66.39.

 

Offered By:                  C/Cooke                   

                                               

Seconded By:               C/Soden

 

Roll Call: Ayes:             None

                Nays:           C/Cooke, C/Robilotti, C/Rucker, C/Soden

            Abstain:           C/Leonardis*

 Absent:          C/Carr

 

* C/Leonardis states that she must abstain because she was not provided the information promised in order to vote on this resolution.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of March 25, 2009 was offered by C/Rucker and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  C/Carr

                    Abstain:  None

 

Proclamations:

 

At this time Mayor Reynolds reads aloud a Proclamation proclaiming June as “Myasthenia Gravis Awareness Month and a Proclamation proclaiming September as “Ovarian Cancer Awareness Month”.

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        Ed Miller, Code Enforcement Officer received a complaint re: a vacant lot on Lasatta Avenue.  It seems Borough Code is very vague on this subject.  The Clerk’s office seeked the advise from Attorney Youssouf.

 

Attorney Youssouf states he reviewed our current code and finds it grossly inadequate.  Has prepared for councils review and consideration an Ordinance to amend and supplement Chapter 2.57.  It more clearly defines the duties of occupants and owners of properties located in the Borough. 

 

Councilwoman Cooke continues:

·        Apologizes for comments made at last council meeting that made it in the newspaper re: people riding bikes.  Some people were offended and that was not my intention.

 

* C/Carr arrives at this time.

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

·        Commends Laurie Finger for saving the Borough $1,000.00 annually on our disability insurance.

 

Public Safety

Councilman Soden reports:

·        Police activity report from 5/25 – 6/7 there were 288 total calls including motor vehicle stops

 

Legislative, Insurance & Licenses

Councilwoman Carr has nothing to report this evening.

 

Public Utilities

Councilman Rucker reports:

·        Water bills have gone out.  As of the billing date there were 132 delinquent notices sent out.  As of this morning there are still 125 delinquent.  The next step would be shut off notices, which will go out some time next week.

 

Borough Engineer’s Monthly Report – June 2009

Mayor Reynolds reads report into record.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

·        The Monmouth County Scenic Byway expansion project kick off meeting will be Monday, June 29th at the Monmouth County Planning Board office at 7p.m.

·        Free rabies clinic will be held June 16th from 6 – 7:30 p.m. in DPW garage.

 

Borough Administrator’s/CFO Report

Laurie Finger discusses the new disability insurance.

 

Public Portion – Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

Marianne Krawiec – inquires on possibly raising late fee on water/sewer bills and re: phone bill inquires if other options have been researched (ie: Optimum).  Bill seems high.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                              PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-09

 

AN ORDINANCE AMENDING WATER RATES

WITHIN THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

 

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

           

Section 1. 

[Start Actions]

[Amending  2.126.11D  Minimum Charge.]

 

D. Minimum charge. [Amended 4-15-81 by Ord. No. 81-2; Amended 8-4-81; 2-17-82 by Ord. No. 82-2; 10-11-84 by Ord. No. 84-8; 3-14-85 by Ord. No. 85-1, 3-29-88 by Ord. 88-9; and 12-11-91 by Ord. 91-10; Amended 12-29-97 by Ord. No. 97-14; Amended 3-8-00 by Ord. No. 2000-04] The annual water rates effective April 1, 2000 June 30, 2009 shall be as follows:

 

(1) Minimum charge for the first chargeable unit by meter size per quarter for the first ten thousand (10,000) gallons of water:

 

(a) Five-eighths-inch meter and three fourths-inch meter: Forty dollars ($40.00     Fifty dollars ($50.00)

    

(b) One-inch meter: eighty dollars ($80.00).  Ninety Dollars ($90.00)

 

(c) One-and-one-half-inch meter: Two hundred  ten dollars ($210.00).  Two hundred thirty-five ($235.00)

 

(d) Two-inch meter Three hundred forty dollars ($340).  Three hundred seventy-five ($375.00)

 

(e) Larger than two (2) inches: by contract.

 

(2) In addition to the foregoing, and in computing the quarterly minimum charge, there is hereby established and provided a fixed minimum charge of forty dollars ($40.00) Fifty dollars ($50.00) quarter for each unit receiving a supply of water from the borough water system. Each such unit is hereby defined as being each separate store, each separate apartment, each separate office, each separate dwelling, each separate living accommodation and each separate premises used for a single and separate purpose, and to compute the herein minimum charge per quarter there shall be determined and computed the amount of the fixed minimum charge at forty dollars ($40.00) Fifty dollars ($50.00) per unit and the amount of the minimum charge at forty dollars ($40.00) Fifty dollars ($50.00) per unit and the amount of the minimum charge per meter, and whichever amount is greater shall be the minimum quarterly charge.

 

(3) In addition to the minimum charge as provided, for all water drawn above the minimum used, there shall be charged quarterly the following rates:

 

(a) Over ten thousand (10,000) gallons: five dollars and fifty-two cents ($5.52) per thousand.

 

(4) The measurement of water used by a reading of the meter shall be to the nearest one thousand (1,000) gallons.

[End Actions]

Section 2.  Severability.

Inconsistent Ordinances Repealed. All ordinances or parts thereof or resolutions inconsistent with the provisions of this ordinance are hereby repealed to the extent of their inconsistency.

 

Section 4. When Effective. This ordinance shall take effect after final approval and publication according to 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/Rucker and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-09, 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/Leonardis, C/Robilotti, C/Rucker, C/Soden

                        Nays: None

                    Abstain: None

                     Absent: None

 

BOROUGH OF ENGLISHTOWN                 TABLED FROM 5/27 MEETING

RESOLUTION NO. 2009-123

 

AUTHORIZATION OF PURCHASES OVER $800

 

            WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

Avaya Telephone Maintenance Contract - $1,560.00

 

Purchased From:

The Leader Group

810 Mayor Drive

Toms River, N.J.  08753

 

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:         C/Robilotti

 

Seconded By      C/Soden

  

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

                 Nays: None

             Abstain: None

              Absent: None

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-130

 

2008 AUDIT OF THE BOROUGH OF ENGLISHTOWN

DIVISION OF LOCAL GOVERNMENT

 

            WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

 

            WHEREAS, the Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

 

            WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

 

            WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, at a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

 

            WHEREAS, the members of the governing body have personally reviewed at a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

 

            WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

 

            WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of the New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

 

            WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

 

            R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

            NOW THEREFORE BE IT RESOLVED, that the governing body of the Borough of Englishtown, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

 

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. 2009-131

 

RESOLUTION ACCEPTING CORRECTIVE ACTION PLAN

 

            WHEREAS, The 2008 Audit of the Borough of Englishtown conducted by Hutchins,  Farrell, Meyer & Allison, contained certain recommendations requiring action; and

 

            WHEREAS, these recommendations have been reviewed by the Borough's Chief Financial Officer; and

 

            WHEREAS, the Chief Financial Officer, in accordance with the requirements promulgated by the N.J. Division of Local Government Services has developed a plan to address the recommendations listed by the Auditors.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Corrective Action Plan for the 2008 Municipal Audit, hereto attached, is hereby approved and accepted.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-132

 

AUTHORIZATION OF SERVICES OVER $800

 

            WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

Annual 15 Point Water Tank Review for (2) Water Towers - $1,660.00

 

Purchased From:

Corrpro Waterworks

P.O. Box 721

Medina, OH  44256

 

            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/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. 2009-133

 

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 $3,074.36

are hereby authorized to be processed into purchase orders on  June 10, 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/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. 2009-134

 

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 $83,349.40

                   are hereby authorized to be paid on June 10, 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

 

Tax Collectors Report

Month of April 2009

 

                                                2009 Taxes               $345,073.39

                                                2008 Taxes                     6,359.84

                                                Interest & Penalty               592.49

                                                Duplicate Bill Fee                 95.00

 

                                                Total Net                  $352,120.72

 

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.

 

Shane Vergari, Hamilton Street requests Council to approve a street opening permit which is needed to allow him to convert his home from oil to gas.  Approval is needed due to Hamilton Street being under an existing moratorium.

 

At this time Resolution No. 2009-136 is added to the agenda and voted on.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-136

 

APPROVAL OF STREET OPENING PERMIT

 

            WHEREAS, on June 1, 2009 an application was received from New Jersey Natural Gas for a street opening at 22 Hamilton Street Englishtown, N.J. for the purpose of a service install and oil conversion; and

 

            WHEREAS, Section 2.112.01B of the Borough of Englishtown Code states no such permit shall be issued within five years of completion of any reconstruction which improves the surface for the motoring public, unless the work is of an emergent nature which immediately threatens public safety or health; and

 

            WHEREAS, improvements to Hamilton Street which were funded by the New Jersey Department of Transportation Trust Fund were completed in February 2008 and are under moratorium until February 2013; and

 

            WHEREAS, Section 2.112.01C states if the applicant believes the work to be performed is of an emergent nature, he shall appear before the Borough Council to seek the approval of the Council to perform the work; and

 

            WHEREAS, Mr. Shane Vergari, owner of 22 Hamilton Street addressed Mayor and Council of his hardships and requested their approval of the street opening permit at the June 12, 2009 council meeting.

 

            NOW, THEREFORE, BE IT RESOLVED, the Mayor and Council of the Borough of Englishtown approve the request for a street opening permit at 22 Hamilton Street, Englishtown after hardship was presented by Mr. Shane Vergari, owner of 22 Hamilton Street, provided that the opening shall be completed with infrared restoration as stated in the application.

 

Offered By:        C/Soden

 

Seconded By     C/Leonardis

 

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

                 Nays:   None

             Abstain:   None

              Absent:  None

 

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

 

Executive Session

There was no executive session this evening.

 

C/Carr apologizes for being late and voices her displeasure with the action taken by council on Resolution No. 2009-135 re: the Joint Municipal Consolidation Commission and states for the record that she tried to do the responsible thing and we will all face the consequences for doing nothing.

 

At this time Resolution No. 2009-137 is added to the agenda.  Mayor Reynolds reads Resolution by title only into record.  Awaiting complete resolution from the Central Jersey Council of Governments.

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-137

 

AUTHORIZING PARTICIPATION IN A REGIONAL SOLID WASTE STUDY

 

Offered By:       C/Robilotti

 

Seconded By    C/Soden

 

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

                 Nays:  None

             Abstain:   None

              Absent:  None

 

C/Leonardis addresses Attorney Youssouf regarding an article in The Law Journal and states that she has voted on items because she was told she had to because it was “mandated by the state”.  It seems that in bigger and wealthier towns like E. Brunswick and N. Brunswick they are not spending money on state mandated items.  The article states that they don’t have to because state mandates that don’t come with funding are not really mandatory.  I feel we have wasted a lot of money on nonsense which is mandated by the state that I don’t feel is appropriate for Englishtown.  Where do we stand and what part of this is true?

 

Attorney Youssouf states the only thing that is mandatory is that a police officer must be present at each court session.  The judges control the security of their own courtroom and they can ask for and are entitled to have whatever additional protection they need. 

 

Mayor Reynolds inquires about the metal detector that we were told we had to buy.

 

Attorney Youssouf states I don’t thinks it’s required by the Administrative Regulation.  These were suggestions by the Administrative offices of the court to deal with enhanced security after 9/11.  No municipal courts that I go to carried that procedure out.

 

Discussion continues between Mayor, Council and Attorney Youssouf. 

 

Mayor Reynolds states that from this day on if there is a mandate, it will be further explored by our attorney to see if it’s an actual mandate prior to any action being taken.

 

Adjournment

 

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

 

The time being 8:40 P.M.

 

 

____August 26, 2009_______                                          ________________________

Approved by Governing Body                                          Municipal Clerk