** AGENDA **

 

June 9, 2010

 

7:30 P.M.

 

Regular/Workshop 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 2009 Audit by Eugene Farrell of Hutchins, Farrell, Meyer & Allison, P.A.          

 

5.         Public Hearing: 2010 Municipal Budget Amendments

 

6.         Executive Session

 

7.      Discussion Items:

·        Municipal Court Credit Card System

·        Governor Christie’s “Tool Kit” of Reforms and Proposition 2.5

·        Police Department

 

8.         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. 2010-07 – Public Hearing & Adoption

Amending & Supplementing Chapter 1.33 Entitled “Police Department” of the Code of the Borough of Englishtown

 

            10.            New Business

 

                        A.         Resolution No. 2010-108

                                    Adoption of 2010 Municipal Budget

 

                        B.         Resolution No. 2010-109

2009 Audit of the Borough of Englishtown

 

                        C.         Resolution No. 2010-110

                                    Authorizing Temporary Delay in Mailing of Third Quarter Tax Bills

 

                        D.         Resolution No. 2010-111

                                    Authorization of Services Over $800

                                    DPW Dept. – replacement of fuel pump/filter – Chevy Pickup

 

                        E.         Resolution No. 2010-112

                                    Authorizing Approval of Department Requisitions

 

                        F.         Resolution No. 2010-113

                                    Authorizing Payment of Borough Bills

 

            11.            Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:31 P.M.

 

Roll Call:  Present:            C/Carr, C/Cooke, C/Krawiec, C/Rucker, C/Wojyn

                  Absent:          *C/Robilotti ( arrives at 7:32 p.m.)

 

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

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

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

 

Presentation: Presentation of 2009 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 2009 Audit findings. 

 

Gene Farrell, Borough Auditor reports, no material weaknesses.  Debt very low at .27 percent, maximum allowed by New Jersey is 3.5 percent.  Financial reporting is excellent.  Public Safety is the biggest expense in the Borough.

 

Public Hearing:            2010 Municipal Budget Amendments

 

Mayor Reynolds opened the floor to the public for questions or comments on the 2010 Municipal Budget Amendments. 

  

Barbara Kuchinski asks if the Police have yet settled their contracts and if it is retroactive, how do you pay for it?

 

Mayor says we have budgeted for this; there is a savings from the chief retiring.  Their contract is still being negotiated.

 

Barbara Kuchinski asks if there are any new computers in the budget?

 

B/A and Mayor answer no.       

 

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

Offered by C/Robilotti and seconded by C/Carr.  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 personnel; 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/Carr

 

Seconded By:      C/Robilotti

 

Roll Call:   Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                   Nays:  None

                Absent:  None   

               Abstain: None

 

The time being 7:54 P.M.

 

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

 

The time being 8:05 P.M.

Discussion Items

 

Municipal Court Credit Card System -  

 

Governor Christie’s Tool Kit of Reforms and Proposition 2.5 - 

 

Police Department - 

 

Public Portion – Agenda Items

 

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

 

Barbara Kuchinski asks about replacing the Police Chief.

 

Mayor Reynolds explains the Council has moved towards a Police Commissioner.  Their responsibility will be to oversee and administer the department.   

 

Barbara Kuchinski, to Attorney Youssouf, could we be sued by not having a qualified person?

 

Attorney Youssouf responds anybody can be sued anytime.  Went on to explain Chiefs of Police, Safety Directors, and Police Commissions.

 

Isabelle Lewis questions how someone with no Police experience can overlook someone who has gone to school and has had training. 

 

Attorney Youssouf explains this is an Administrator position.

 

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

 

 Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-07

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1.33

“POLICE DEPARTMENT” OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

 

            WHEREAS; The Mayor and Council of the Borough of Englishtown established a Police Department pursuant to N.J.S.A. 40:14-118 to perform essential public safety and law enforcement functions within the Borough of Englishtown; and

 

            WHEREAS; The Mayor and Council of the Borough of Englishtown deem it necessary, proper and in the public interest to amend and supplement Chapter 133 of the Code of the Borough of Englishtown to improve and enhance the administration of said department.

 

             NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:

 

                                                  ARTICLE I.

SECTION 1.33.01. Establishment is hereby amended to read as follows:

There is hereby established in the Borough of Englishtown a Police Department.  The Police Department shall consist of such number of superior officers, regular officers and special officers as the Mayor and Council may, from time to time, appoint.

 

SECTION 1.33.02. Definitions and word usage is hereby amended as follows:

Chief is deleted.   All references to the term “Chief of Police” are deleted.  Wherever the term “Chief of Police” appears, the term Police Commissioner shall be substituted.

 

                     ARTICLE II.

 

SECTION 1.33.03 Administration is hereby amended to read as follows:

A.     [Unchanged]

B.     The Appropriate Authority, as said term is used in N.J.S.A. 40A: 14-118 shall be the Police Commissioner.  The Police Commissioner shall be responsible for the overall performance of the police department.  The Police Commissioner, in consultation with the Borough Council, shall promulgate and adopt such rules and regulations for the governance of the police department and for the discipline of its members as may be deemed necessary. 

C.     The Borough Council shall designate, from among its members, two (2) or more members who shall, together with the Mayor, constitute the Police Commission.  The Police Commission shall be chaired by the Police Commissioner who shall, in the absence of the other members of the Police Commission or in the case of an emergent matter posing an imminent threat to the pubic safety, act on behalf of the Commission and issue any required directives.  The members of the Police Commission shall serve at the pleasure of the Borough Council. Except as provided in N.J.S.A. 40A: 14-118, the Borough Council and individual members thereof shall act in all matters relating to the police function as a body.

D.     The Police Commission shall establish rules and regulations for the governance and efficient working of the police department. Any rules and regulations promulgated by the Police Commission shall be approved by resolution of the Mayor and Council.  The Police Commissioner may issue orders or instructions to all members of the force, and all such rules, orders and instructions shall be recognized and obeyed by members of the Police Department.  

 

                       ARTICLE III.

SECTION 1.33.04 Qualifications; Methods of Appointment is hereby amended as follows:

A.    [Unchanged]

B.     [Unchanged]

C.    [Unchanged]

D.    Applicants shall be required to have their fingerprints taken.

E.     All applicants who may be selected for appointment to the Police Department by the Mayor and Council shall be first employed for a probationary period of one (1) year.  During said probationary period, the probationary officer may be dismissed or discharged at anytime, for any reason, by order of the Mayor and Council.  Prior to the expiration of said probationary period, it shall be the necessary for continued employment, upon the recommendation of the Police Commissioner, that a resolution be adopted by the Mayor and Council placing such probationary office on permanent status by a new appointment as a regular officer, to take effect immediately upon the expiration of the probationary period, or that the probationary period be extended for a period not to exceed six (6) months.  The failure of the Borough Council to make such a resolution or to take further action shall be cause for discharge upon the expiration of the probationary period.

F.     [Unchanged]

ARTICLE IV.

 

SECTION 1.33.05 Composition; vacancies; is hereby amended to read as follows:

A.     The Police Department shall consist of such number of patrolmen, superior officers and such other non-sworn or civilian personnel as the Mayor and Council may deem necessary.  Patrolmen shall be classified as first grade, second grade, and third grade or probationary and shall be appointed to grade by resolution of the Mayor and Council.  There shall be no distinction in rank between grades of patrolmen except as to salary, which shall be fixed by ordinance.

B.     The first sentence shall be deleted in its entirety.

C.     [Unchanged]

 

SECTION 1.33.06 Power of command. is hereby amended to read as follows:

The Police Commissioner shall have charge of and command over the members of the Department subject only to the orders of the Police Commission.  The Police Commissioner shall delegate duties of administration and command to superior officers of the Department subject only to the orders of the Police Commission.

 

SECTION 1.33.07 Police Physician. 

A – G    All references to the term “Chief of Police” are deleted.  Wherever the term “Chief of Police” appears, the term Police Commissioner shall be substituted.

 

                                                ARTICLE V.

 

SECTION 1.33.08 Hours of duty.  [Unchanged]

 

SECTION 1.33.09 Disciplinary requirements always applicable.  [Unchanged]

 

SECTION 1.33.10 Minimum hours; emergencies is hereby amended to read as follows:

The normal minimum requirement of hours of employment of all regular police officers shall not exceed eight (8) consecutive hours in any one (1) day or a total of forty (40) hours per week, provided that in the case of emergency the Police Commissioner or Police Commission shall have full authority to summon and keep on duty any or all members of the department during the period of such emergency and for as long afterwards as the officer in command shall deem necessary and reasonable for the efficient operation of the department and the protection of the public health, safety and welfare.

 

SECTION 1.33.11 Overtime; court attendance is hereby amended to read as follows:

A.     Time worked in excess of eight hours per day or forty hours per week shall be known as “overtime” and records of all such time shall be kept at police headquarters in a manner prescribed by the Police Commissioner of Police Commission.  Members entitled to overtime shall be compensated every two weeks for such overtime at their respective hourly rate of pay, provided that such overtime is properly submitted by Borough voucher and has been approved by the Police Commissioner or Police Commission.

B.     [Unchanged].

 

SECTION 1.33.12 Salaries and compensation

A.     [Unchanged]

B.     Reference to the term “Chief” in the first sentence shall be substituted with Superior Officer.

 

SECTION 1.33.13 Sick leave is hereby amended as follows:

A.     [Unchanged].

B.     Said sick leave will be granted in accordance with the following rules:

(1)   [Unchanged]

(2)   [Unchanged]

(3)   Any member failing to properly report his or her sickness or injuries; who is not at home when visited by the police physician or superior officer, unless previously given permission by the Police Department to leave home; who feigns sickness or injury or in any way deceives the police physician or superior officer; or who violates the provisions of those rules, shall be considered absent without leave and subject to disciplinary proceedings.

C.     [Unchanged]

D.     [Unchanged]

E.      [Unchanged]

F.      [Unchanged]

G.     Any member who has been on sick leave or absent because of injuries will report to the Police Commissioner or a designated superior officer immediately upon becoming able to resume active duty or being ordered to do so by the police physician.

 

SECTION 1.33.14 Leaves of absence generally is herby amended as follows:

The Police Commissioner or Police Commission may grant leaves of absence, without pay.  Such leaves are purely discretionary and are not a right.

 

SECTION 1.33.15 Leaves of absence for death in family is hereby amended as follows:  A bereavement leave of three (3) days with full pay will be granted to any member upon the death of a wife, husband, child, parent, sibling, in-law, grandparent or member of the household; provided, however, the member notifies the Police Commissioner or superior officer in charge specifying the relationship to the decedent and the dates the member will be absent.

 

SECTION 1.33.16 Vacation and holidays. [Unchanged]

SECTION 1.33.17 Powers and duties of Chief deleted in its entirety.

SECTION 1.33.18 Powers and duties of superior officers.

A.     [Unchanged]

B.     [Unchanged]

C.     [Unchanged]

D.     [Unchanged]

E.      [Unchanged]

F.      Amended to read as follows:  Superior officers shall act as shift supervisors and are immediately responsible to the Police Commissioner for the proper supervision and control of all subordinates assigned to their shift.

G.     Superior officers, while performing the duties as shift supervisors shall:

(1)   [Unchanged]

(2)    [Unchanged]

(3)   Report to the ranking officer on duty any major crime; any grave, unusual or important development; any procedural or operational delinquency; and any officer who is unfit for duty or who is not ready, able and willing to perform an assigned duty.

(4)   [Unchanged]

(5)   [Unchanged]

(6)   Immediately notify the officer in charge of serious injury to officers on duty.

(7)   [Unchanged]

(8)   [Unchanged]

(9)   [Unchanged]

(10)           [Unchanged]

(11)           [Unchanged]

(12)           Evaluate all departmental deficiencies coming to his or her attention and inform the Police Commissioner or superior officer of such deficiencies with recommendation as to training to be given, the instructions to be issued and the procedures to be followed to ensure efficiency in operations.

 

SECTION 1.33.19 Powers and duties of patrolmen.

A.     [Unchanged]

B.     Each patrolman shall preserve the public peace, protect life and property, prevent crime and arrest violators of the law and shall be responsible for the proper enforcement of all laws, statutes and ordinances of the State of New Jersey and the Borough of Englishtown and shall intelligently and efficiently perform the duties customarily required of police officers.   Patrolmen shall be ready, at all times, to answer the calls and obey the orders of superior officers and shall be held strictly accountable for the good order of the patrol or post to which assigned.

 

SECTION 1.33.20 Uniforms and equipment.

A.     [Unchanged]

B.     It shall be the responsibility of each member to provide for the proper care and maintenance of all personal equipment issued and the Borough shall incur all reasonable costs of such care and maintenance; provided, however, it appears to the satisfaction of the office in charge that such costs are not the result of misuse or negligence of the equipment by the member.

C.     When it has been established, to the satisfaction of the officer in charge, that any member has destroyed, soiled or in any way misused any article of equipment which is the property of the Borough, and such article is no longer clean and usable, the officer in charge may order said member to clean, repair or replace the article, or to incur the cost of such cleaning, repairing or replacement, whichever the officer in charge shall determine necessary.

D.      [Unchanged]

 

SECTION 133.21 Insignia, badges and identification.

A. No uniform or insignia or parts there of shall be worn by a member of the Department until it has been inspected and approved by the Police Commissioner

and Police Commission.

B.  (Unchanged)

C.  A member shall, at all times carry an identification card and police shield,  and when in uniform, display the shield on the outermost garment worn over the left breast, and similarly at any other time when it is necessary for the member to establish an official identity.

D.  [Unchanged]

 

SECTION 133.22 Deportment and ethics.  [Unchanged]

 

SECTION 133.23 Demeanor.  [Unchanged]

 

SECTION 133.24 Personal appearance.  [Unchanged]

 

SECTION 133.25 Rules of order.

A.     [Unchanged]

B.     A member shall be referred to and addressed by appropriate title such as Sergeant or Officer.  Officers, when addressed on official business shall be addressed as “Officer”.

C.     [Unchanged]

D.     [Unchanged]

E.      [Unchanged]

 

SECTION 1.33.26 General rules of conduct.

A. Through G. [Unchanged]

H.  (Last sentence amended to read as follows) Donations, rewards or awards to the Department must have the approval of the Borough Council before being accepted, and upon receipt, they shall be forwarded to the Police Commissioner who shall have full authority in determining the proper disposition of same.

I.  Members shall not seek public press and shall not give any information regarding the Department, its business and activities to any representative of the press or to any person without the permission of the Police Commissioner. Press representatives making inquiries concerning the business of the Department shall be referred to the ranking officer on duty.

J. Through M. [Unchanged]

N. (Last sentence) Reference to the term “Chief” is deleted and the term Police Commissioner shall be substituted.

O Through Q.  [Unchanged]

R. Commenting on others. (1) Last sentence amended to read as follows: Persons seeking information concerning a member or former member shall be referred to the Police Commissioner.

S. Through Y. [Unchanged]

 

SECTION 1.33.27 Responsibilities of members.

            Sections A. through D. [Unchanged]

            Section E. Notifications. Is hereby amended to read as follows:

(1)   Members shall report to a superior officer, without delay, all cases of misconduct, neglect of duty or dereliction of duty coming to their attention on the part of other members.

(2)   Through (5) [Unchanged]

 

SECTION 1.33.28 Outside employment is amended to read as follows:

A.     Members shall not engage in any business, calling or other employment outside the Department without first obtaining permission from the Police Commissioner.  However, any member while under suspension from the Department without pay may engage temporarily in other employment.

 

SECTION 1.33.29 Actions warranting disciplinary action.

1 Through 52. [Unchanged]

53.  Reference to the term “Chief of Police” is deleted and the term Superior Officer shall be substituted.

54. [Unchanged]

55.  Reference to the term “Chief” is deleted and the terms Superior Officer and Police Commissioner shall be substituted.

56 Through 57. [Unchanged]

 

SECTION 1.33.30 Suspension or removal.  [Unchanged]

 

SECTION 1.33.31 Grievance procedure. Is hereby amended to read as follows:

A.     Grievances shall first be presented verbally to a superior officer.  If the superior officer is unable to provide a solution, the member shall be so advised and the grievance shall be reduced to writing.  The written grievance shall be presented to the Police Commissioner.

B.     If the Police Commissioner is unable to resolve the grievance, it shall be forwarded to the Police Commission within thirty (30) days.

C.      The Police Commission will render a decision or solution within a reasonable period of time.

 

SECTION 1.33.32 Charges or complaints against officers.

A.     [Unchanged]

B.     Through F. deleted in their entirety.

 

SECTION 1.33.34 Surrender of department property by suspended member.

A.     Upon suspension from duty, a member shall promptly surrender, if directed by the Police Commissioner, all equipment that has been issued to the member by the Borough.  Said equipment shall be returned to such member upon relief from suspension or restoration to duty.

B.     [Unchanged]

 

SECTION 1.33.35 Deleted in its entirety.

 

SECTION 1.33.36 Canine unit.  [Unchanged]

 

SECTION 1.33.37 Special duty assignments.

1 Through 8.  All references to the term “Chief of Police” are deleted.  Wherever the term “Chief of Police” appears, the term Police Commissioner shall be substituted.

 

ARTICLE VI.

 

            All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

 

                                                ARTICLE VII.

 

            If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision and the remainder of this ordinance shall be deemed valid and effective.

 

                                                 ARTICLE VIII.

            This ordinance shall take effect immediately 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/Robilotti and seconded by C/Carr.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No. 2010-07 above titled, was offered by C/Robilotti and

seconded by C/Krawiec.  Passed on the following roll call:

 

Offered by:       C/Robilotti                               

 

Seconded by:   C/Krawiec

                       

 Roll Call:         Ayes:    C/Carr, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                    Abstain:    C/Cooke

                     Absent:    None

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-108

 

ADOPTION OF 2010 MUNICIPAL BUDGET

 

            NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $999,466.22 to be raised for municipal purposes.

 

Summary of Revenues

 

  1. General Revenues

 

Surplus Anticipated                                                    $  425,000.00

Miscellaneous Revenues Anticipated                               448,230.50

Receipts From Delinquent Taxes                                                0.00

 

  1. Amount To Be Raised By Taxation

For Municipal Purposes                                                              999,466.22

                                               

Total Revenues                               $1,938,346.46

 

Summary Of Appropriations

 

  1. General Appropriations:

 

Within “Caps”

            Operations Including Contingent                        $1,394,600.00

Deferred Charges & Statutory

            Expenditures - Municipal                                          86,793.56

                        Excluded From “Caps”

                                    Operations - Total Operations Excluded

                                    From “Caps”                                                     $  172,854.72

                                    Capital Improvements                                              27,000.00

                                    Municipal Debt Service                                            51,600.00

                                    Deferred Charges - Municipal                                 33,993.05

                                    Reserve For Uncollected Taxes                              105,755.39

 

                                                Total Appropriations                             $1,872,696.72

 

Offered By:                  C/Robilotti                              

 

Seconded By:               C/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:          None

               Absent:          None

              Abstain:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-109

 

2009 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 2009 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/Robilotti                              

 

Seconded By:               C/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:          None

               Absent:          None

              Abstain:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-110

 

AUTHORIZING A TEMPORARY DELAY, IF WARRANTED

IN THE MAILING OF THIRD QUARTER TAX BILLS

2010 FINAL/2011 PRELIMINARY BILLS

 

            WHEREAS, N.J.S.A. 54:4-66.3d requires final tax bills to be mailed on or before June 14, 2010; and

 

            WHEREAS, due to the County Board of Taxation not being able to certify the tax levy for 2010 in time for the mailing, it may be necessary to extend the due date and grace period for the third quarter tax bills (only).

 

            NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows:

 

1.      That a temporary delay, if warranted, is authorized for the delay of the mailing of the third quarter tax bills due to the delay in the certification of the 2010 tax levy.

2.      That authorization is hereby granted, if warranted, to extend the due date for the third quarter tax bills (only).

3.      That certified copies of this resolution shall be forwarded to the Borough of Englishtown Tax Collector and Matthew Clark, Administrator of the Monmouth County Board of Taxation.

 

Offered By:                  C/Robilotti                              

 

Seconded By:               C/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:         None

               Absent:          None

              Abstain:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-111

 

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:

 

DPW Dept. – replacement of fuel pump/filter – Chevy Pickup - $830.36

 

Purchased From:

Englishtown Automotive

14 Tennent Avenue

Englishtown, N.J.  07726

 

            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/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:          None

               Absent:          None

              Abstain:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-112

 

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 $6,169.41

are hereby authorized to be processed into purchase orders on June 9, 2010.

 

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

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

 

Offered By:                  C/Robilotti                              

 

Seconded By:               C/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:         None

               Absent:          None

              Abstain:          None

 

 BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-113

 

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 $34,757.85

                   are hereby authorized to be paid on June 9, 2010.

 

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/Carr

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                  Nays:         None

               Absent:          None

              Abstain:          None

 

At this time Resolution No. 2010-114 is added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-114

 

APPOINTMENT OF FULL TIME POLICE OFFICER

 

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

 

            WHEREAS, the public safety committee has recommended Scott I Zapora be appointed to Patrolman for the Borough of Englishtown.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Scott I Zapora is hereby appointed police officer for the Borough of Englishtown as follows:

 

1.    Appointment is effective June 10, 2010.

 

2.      Salary is effective June 10, 2010 in the amount of $34,082.00 per annum, paid bi-weekly per the salary ordinance.

 

3.      That said appointment is probationary for one year effective June 10, 2010.

 

BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Chief Financial Officer, Police Commissioner Robilotti and Scott I Zapora

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

Roll Call: Ayes:               C/Krawiec, C/Wojyn, C/Rucker, C/Carr, C/Cooke, CRobilotti

                 Nays:               None

             Abstain:               None

              Absent:               None

 

Adjournment

 

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

 

The time being 8:37 P.M.

 

 

 

___August 25, 2010                                                          ________________________

Approved by Governing Body                                          Municipal Clerk