** AMENDED AGENDA **

 

March 25, 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  - January 14, 2009

 

5.                  Proclamation:

“Proclaiming April 2009 as Alcohol Awareness Month”

 

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. 2009-04 – Public Hearing & Adoption

Amending Chapter 2.50, Entitled “Schedule of Fees”

 

 11.     New Business:

 

A.         Ordinance No.2009-05 – First Reading & Introduction

            Exceeding the Municipal Budget Appropriation Limits and Establishing a CAP Bank

 

B.                 Resolution No. 2009-086

Authorizing to Execute the Joint Meeting Agreement for the Formation and Operation of the Joint Meeting known as the Central Jersey Council of Governments

 

C.                 Resolution No. 2009-087

Authorizing Approval of Department Requisitions

 

D.         Resolution No. 2009-088

Authorizing Payment of Borough Bills

 

E.         Resolution No. 2009-089

Emergency Temporary Appropriations

 

   12.     Tax Collector’s Report – February 2009

 

   13.      Executive Session

 

   14.            Old Business:

 

A.        Discussion Item: Continuation from Special Mtg. held March 18, 2009 “Budget Workshop Update”

 

   15.    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.

           

                 16.   New Business:

 

A.                 Resolution No. 2009-090

Introduction of the 2009 Municipal Budget

 

     17.    Executive Session

·        Pending Litigation

 

                 18.      Adjournment

 

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

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 14, 2009 was offered by C/Soden and seconded by C/Carr.  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

 

At this time Mayor Reynolds reads aloud Proclamation proclaiming April 2009 as Alcohol Awareness Month.

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke has nothing to report this evening.

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

 

·                    Had meeting with personnel yesterday to ask them for any suggestions they might have since anything we decide on is going to directly affect them.  Overall I feel the meeting went very well.  Some ideas that were brought up were charging rental fees for the park, charging mercantile fees for borough businesses, registering alarms, and having the dog census done by employees – several volunteered.

 

Public Safety

Councilman Soden reports:

 

·                    The police activity report from 3/8 – 3/22/09 there were 303 total calls; 104 motor vehicle stops and 159 routine calls for service.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

 

·                    Have a report regarding our part timer Christopher Reeves regarding his work injury that he has been cleared by his doctor and can return to full duty.

·                    Regarding the inmate labor program, spoke to the Monmouth County Sheriff’s Dept. today and they will not be looking to schedule anyone until approximately June when their budget is struck.  If the funding is there they will start scheduling for July 1st.

 

Peter Gorbatuk, Municipal Clerk adds that Christopher Reeves was injured again late Tuesday.   He bent back his pinkie finger and went to the doctor.  We are awaiting results.

 

Public Utilities

Councilman Rucker has nothing to report this evening.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

 

·        The scenic byway meeting will be March 30th 7:00 p.m. at Manalapan Library.  Let me know who will be attending so I can let them know.

·        Central Jersey Council of Governments meeting in Marlboro April 7th at 6:30 p.m.

·        The next scheduled council meeting will be held Monday, April 6th at 7:30 p.m.

 

Borough Administrator/CFO Report

Laurie Finger reports:

 

·        Received a letter from the Township of Manalapan asking if we are interested in going out to bid with them for garbage and recycling collection to be a cooperative pricing system.  I would like to know if council would like to join in on their bid process?

 

Discussion takes place between Mayor, Council and Laurie Finger.

 

Mayor Reynolds directs Peter Gorbatuk to contact Marlboro Twp to find out if the study is going to be completed by December 31st, if not we need to contact Manalapan.

 

Public Portion – Agenda Items

 

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

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION 

ORDINANCE NO. 2009-04

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING CHAPTER 2.50 OF THE BOROUGH CODE BOOK

ENTITLED “SCHEDULE OF FEES”

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown that due to the economic hardships many are facing, the vendor fees for the Annual Fall Festival shall be decreased to make the event successful and profitable for all involved and the following section shall be amended as follows:

 

Chapter 2.50, Schedule of Fees

Section 2.50.02 – Recreation Fees

 

Annual Fall Festival          

Vendor Fee:                                                     

$10.00 Englishtown Resident                      

$25.00 Non Resident

 

Food Vendor Fee:                

$35.00 Englishtown Resident

            $75.00 Non Resident (fee does not include Fire Code Permit)

 

            This ordinance shall take effect upon final passage 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/Carr.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-04, above titled, was offered by C/Rucker and

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

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN         FIRST READING & INTRODUCTION

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.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Soden

 

Laurie Finger explains the State allows you to increase your budget by 2.5%.  They also allow you by Ordinance to increase that by an additional 1% to go to a 3.5% increase on your appropriation CAP.  This Ordinance is just allowing the 1% increase on the appropriation CAP limit.  This has absolutely no impact on the taxes.

 

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

                             Nays:      C/Carr, C/Leonardis, C/Soden

 Abstain:       None

 Absent:      None

 

Peter Gorbatuk, Municipal Clerk states the Public Hearing and Adoption is scheduled for the April 6, 2009 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-086

 

RESOLUTION AUTHORIZING THE BOROUGH OF ENGLISHTOWN

TO EXECUTE THE JOINT MEETING AGREEMENT FOR THE

FORMATION AND OPERATION OF THE JOINT MEETING KNOWN AS

THE CENTRAL JERSEY COUNCIL OF GOVERNMENTS

 

            WHEREAS, in 2007, the State Legislature enacted the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., which seeks to encourage the financial accountability of local units of government through empowering citizens, reducing waste and duplicative services, and clearing legal hurdles to shared services; and

 

            WHEREAS, the problem of high property taxes paid by New Jersey’s residents is not easily solved, but can be ameliorated through government action designed to encourage efficiency through shared services; and

 

            WHEREAS, Marlboro Township has hosted several “Shared Services Summits” which have consisted of meetings between local, county and statewide representatives looking of new ways to save taxpayer money in each participant’s respective community; and

 

            WHEREAS, as a result of these “Shared Service Summits” a consensus of government leaders has been reached indicating that it would be in the best interests of the participating government entities that a Joint Meeting, as that term is defined and described in N.J.S.A. 40A:65-14, et seq., be formed which shall be known as the “Central Jersey Council of Governments”; and

 

            WHEREAS, the Joint Meeting known as the Central Jersey Council of Governments is a public body corporate and politic constituting a political subdivision of the State for the exercise of public and essential governmental functions to provide for the public health and welfare as provided in N.J.S.A. 40A:65-15; and

 

            WHEREAS, the Borough Council of the Borough of Englishtown believes that it is in the best interest of the citizens and taxpayers of the Borough of Englishtown to join the Joint Meeting known as the “Central Jersey Council of Governments”.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Englishtown, County of Monmouth and State of New Jersey hereby authorizes the Mayor to execute the Joint Meeting Agreement for the formation of the public body corporate and politic known as the “Central Jersey Council of Governments” for the purpose of facilitating and promoting the joint operation of public services, public improvements, works, facilities, or undertakings as permitted by N.J.S.A. 40A:65-14; and

 

            BE IT FURTHER RESOLVED, that Councilwoman Cindy Robilotti is hereby designated as the representative to the Management Committee of the Joint Meeting known as the Central Jersey Council of Government’s and that he or she shall provide the Mayor and Council with periodic updates of the activities and initiatives of the Central Jersey Council of Governments; and

 

            BE IT FURTHER RESOLVED, that this Resolution shall be effective to the extent that it does not conflict with any applicable laws or regulations and a certified copy of this resolution shall be provided to Central Jersey Council of Governments, Mayor Reynolds, Councilwoman Cindy Robilotti, Borough Administrator, Borough Chief Financial Officer and Borough Attorney.

 

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. 2009-087

 

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 $1,259.70

are hereby authorized to be processed into purchase orders on March 25, 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/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. 2009-088

 

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 $314,467.95

                   are hereby authorized to be paid on March 25, 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/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. 2009-089

 

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 $4,550.00

 

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 $4,550.00 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/Soden

 

Seconded By:     C/Carr

 

Laurie Finger explains reason for this resolution to Mayor and Council.

 

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

                 Nays:   None

             Abstain:    None

              Absent:   None

 

Tax Collectors Report

February 2009

 

                                    2009 Taxes               $673,859.40

                                    2008 Taxes               $  12,766.92

                                    Interest                      $       808.06

                                    Duplicate Bill Fee       $         15.00

 

                                    Total Net                  $687,449.38

 

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 possible budgetary cuts; 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/Rucker  

                                   

Seconded By:              C/Robilotti

 

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

                   Nays:       None

                Absent:        None   

               Abstain:        None

 

The time being 7:52 P.M.

 

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

 

The time being 8:58 P.M.

 

Mayor Reynolds states after lengthy discussion and consultation with our auditor, there are several things in the budget that we are looking to do.  (1) The state is advising us to defer the pension costs or they will not let us apply for extraordinary aid.  We also will defer taxes for the school district and use that money in our budget.  Based on those scenarios and the advise of our auditor, we are going to defer the pension which is $52,000.00 and deferring $182,000.00 of school taxes.  Taking that action we will introduce a budget at about 4 cents.  There will be no layoffs, but know, we have run out of every revenue source that this municipality has. 

 

A special meeting to introduce the budget will be held Tuesday, March 31st at 7 P.M.

(Agenda item #16 “Introduction of the 2009 Municipal Budget” is removed)

 

Old Business

 

Discussion Item: Continuation from Special Mtg. held March 18, 2009

“Budget Workshop Update”

 

Further discussion takes place between Mayor, Council and the public present regarding issues the municipality is facing.

 

Barbara Kuchinski states that she has a resolution, which will assist the Borough in applying for the COP Grant.

 

C/Carr makes a motion to add this resolution to the agenda at this time.  The motion is seconded by C/Rucker.  At this time Resolution No. 2009-090 is added to the agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-090

 

RESOLUTION AUTHORIZING APPLICATION FOR A

U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED

POLICING SERVICES (COPS) GRANT

 

            WHEREAS, the Office of Community Oriented Policing Services (COPS) has announced the availability of funding under the COPS Hiring Recovery Program (CHRP) from the American Recovery and Reinvestment Act of 2009 to address the personnel needs of state and local law enforcement; and

 

            WHEREAS, the CHRP Grant will provide funding for officers that are scheduled to be laid off on a future date as a result of local Budget cuts; and

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown is eager to apply for funding for its law enforcement authority to maintain the current number of uniformed Officers.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the

Borough of Englishtown as follows:

 

  1. As a matter of public policy, the Borough of Englishtown wishes to participate to the fullest extent possible with the U.S. Department of Justice, Office of Community Orienting in this Grant Application process and procedure;

 

  1. A certified copy of this Resolution and Grant Application documentation shall be forwarded to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), the Borough of Englishtown Police Chief, the Borough Administrator and the Borough Chief Financial Officer.

 

Offered By:                  C/Carr

 

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

 

Adjournment

 

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

 

The time being 9:29 P.M.

 

 

 

_____June 10, 2009________                                          ________________________

Approved by Governing Body                                          Municipal Clerk