AGENDA
AUGUST 12, 2008
MAYOR McLAUGHLIN CALLS THE MEETING TO ORDER AND CALLS FOR FLAG SALUTE
MAYOR McLAUGHLIN ASKS THE CLERK TO CALL THE ROLL:
ROLL CALL PRESENT/ABSENT PRESS REPRESENTATIVES
COMM. McLOUGHLIN __________________ _____________________
THE COASTER
COMM. BOLAN __________________
_____________________
MAYOR McLAUGHLIN __________________ ASBURY PARK PRESS
MAYOR McLAUGHLIN ANNOUNCES THAT THE NOTICE REQUIREMENTS OF R.S. 10:4-18 HAVE BEEN SATISFIED BY DELIVERING THE REQUIRED NOTICE TO THE COASTER AND THE ASBURY PARK PRESS, POSTING THE NOTICE ON THE BOARD IN BOROUGH HALL AND FILING A COPY OF SAID NOTICE WITH THE BOROUGH CLERK.
ORDINANCE #2008-07 - FINAL READING
Offered By: _______________ Seconded By: _______________
ORDINANCE #2008-07
BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A TRACTOR AND ATTACHMENTS, AND APPROPRIATING $65,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $61,750 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF ALLENHURST, IN THE COUNTY OF MONMOUTH, NEW JERSEY
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTIONS
Res. #1 - Ratify and Approve Minutes.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #2 - Dispense With Reading of Minutes.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #3 - Refund Overpayment of Taxes.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #4 - Oppose Closing of Monmouth County Youth Detention Center.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #5 - Purchase Court Recording System.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #6 - Insert Item of Revenue in Budget.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #7 - Endorse Bill To Increase State Police Surcharges to Defray Costs of Local Police Services.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #8 - Approve Purchases.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #9 - Award Contract for Irrigation System.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #10 - Support “Over the Limit, Under Arrest 2008 Statewide Crackdown”.
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Res. #11 - Pay Bills and Payroll (8/01/08 - 8/15/08).
Offered By: _______________ Seconded By: _______________
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
PUBLIC HEARING
Adjourn.
RESOLUTION #1
A RESOLUTION TO RATIFY AND APPROVE MINUTES
Offered By: _______________ Seconded By: _______________
BE IT RESOLVED, That the minutes of the regular meeting of July 22, 2008, be ratified and approved.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #2
A RESOLUTION TO DISPENSE WITH READING OF MINUTES
Offered By: _______________ Seconded By: _______________
BE IT RESOLVED, That the Clerk dispense with the reading of the minutes of the regular meeting of July 22, 2008.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #3
A RESOLUTION TO REFUND OVERPAYMENT OF TAXES
Offered By: _______________ Seconded By: _______________
BE IT RESOLVED, By the Board of Commissioners of the Borough of Allenhurst that upon the recommendation fo the Tax Collector, the taxes shown below be refunded to the taxpayer shown below due to an overpayment of 2008 taxes; and,
BE IT FURTHER RESOLVED, That the Tax Collector is hereby authorized to refund the overpayment and charge 2008 taxes in the total amount of $2,403.72:
BLOCK LOT OWNER AMOUNT
17 20 Chase Home Finance, LLC $2,403.72
Account of: Safdie, Joan
Mail Code OH 4-7326
PO Box 24695
Columbus, OH 43224-9935
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #4
A RESOLUTION TO OPPOSE CLOSING OF
MONMOUTH COUNTY YOUTH DETENTION CENTER
Offered By: _______________ Seconded By: _______________
WHEREAS, The Board of Commissioners of the Borough of Allenhurst has become increasingly concerned about the proposed closing of the Monmouth County Youth Detention Center; and,
WHEREAS, The Borough of Allenhurst joins the Officers and Trustees of the Monmouth Bar Association, the Youth Services Commission, the County Prosecutors Office, the Public Defenders Office, Police Chiefs Association and the Juvenile Officers Association in opposition to the closing of the Youth Detention Center; and,
WHEREAS, The Board of Commissioners are concerned that the closing of the Youth Detention Center and the housing of our county’s juveniles in another county will have an extreme negative impact on the constitutional rights and potential for rehabilitation for these young people; and,
WHEREAS, Board of Commissioners envision a number of serious problems with this proposal as follows:
1. Private attorneys and public defenders will not have access to their juvenile clients. Face to face interviews, especially in serious cases will present overwhelming scheduling problems.
2. An integral part of the juvenile process includes contact and support for these juveniles with family members. The maintenance and support for these relationships will be severely hampered by the proposed closure. Families depending on public transportation will be extremely inconvenienced.
3. Staff members of the Juvenile Detention Program will have a reduced ability to adequately prepare information for Judicial Custody determinations.
4. Social agencies, clergy, counselors, youth case management personnel and representatives for potential placement will have limited access to our juveniles. Those services centered int eh juvenile’s home community will be restricted by time and transportation considerations.
5. Transportation of juveniles from out of county will reverberate in scheduling difficulties and calendar delays. Court proceedings have to accommodate traffic delays and overtime for officers to accompany these juveniles.
6. Initial transportation and time considerations will affect local municipalities which will have to pay for and absorb the time and costs of transportation to an out of county facility.
7. The vast majority of juveniles are returned to the community; therefore, the lack of continuity with service providers will diminish rehabilitation goals.
8. In sum, there will be an extreme negative impact on the rights of juveniles to receive appropriate assistance of legal counsel. They will be cut off from family members, social services, and the community services so integral to their rehabilitation. The transportation costs and difficulties will impact court schedules, initial detentions, local municipalities, the viability of social services and reduce the ability of judicial staff and home detention alternative personnel to perform their functions.
NOW, THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Borough of Allenhurst strenuously object to the closing of our County Youth Detention Center as same would drastically reduce Monmouth County’s ability to provide adequate legal services, and will impair its distinct and equally important obligation to secure rehabilitation of those youngsters who will be returning to our communities; and,
BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the Monmouth County Legislative Delegation, the Monmouth County Board of Chosen Freeholders, and Sheriff Guadagno.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #5
A RESOLUTION TO PURCHASE COURT RECORDING SYSTEM
Offered By: _______________ Seconded By: _______________
WHEREAS, There is a need for a new recording system for the Municipal Court; and,
WHEREAS, The Court Administrator and the Business Administrator have attended demonstrations of various recording machines and recommend the purchase of a Liberty Digital Recording System; and,
WHEREAS, Funds for this purpose will be provided in the account entitled Alcohol Rehabilitation Education Fund and Capital Improvement Fund, and the Chief Finance Officer has so certified;
THEREFORE, BE IT RESOLVED, That a Liberty Digital Court Recording System with transcribing kit and four microphones be purchased from Gramco Business Communications, the only supplier of the Liberty digital Recording System, at a cost of $7,477.00.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #6
A RESOLUTION TO INSERT ITEM OF REVENUE IN BUDGET
Offered By: _______________ Seconded By: _______________
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and,
WHEREAS, Said Director may also approve the insertion of an item of appropriation for equal amount;
Section 1
NOW, THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Borough of Allenhurst hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2008 in the sum of $4,000.00, which item is now available as revenue from Click It or Ticket Grant Fund pursuant to the provisions of Statute; and,
Section 2
BE IT FURTHER RESOLVED, That a like sum of $4,000.00 be and the same is hereby appropriated under the caption of Click It or Ticket Grant Fund.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #7
A RESOLUTION TO ENDORSE BILL INCREASING STATE POLICE
SURCHARGES TO DEFRAY COSTS OF LOCAL POLICE SERVICES
Offered By: _______________ Seconded By: _______________
WHEREAS, Governor Corzine’s Fiscal Year 2009 budget reduced State Police funding for municipalities; and,
WHEREAS, Municipal budgets will be negatively impacted by the requirements to pay for State Police services and thus be forced to raise local property taxes; and,
WHEREAS, Many Mayors and other elected and appointed municipal officials met wit the Attorney General and State Police offering a solution to the State Police budget shortfall, namely increasing surcharges on fines levied by the State Police; and,
WHEREAS, Charging those who violate State laws would fund the shortfall in lieu of relying of New Jersey property taxpayers is a sensible solution to address the problem; and,
WHEREAS, Senate Bill No. 1976, sponsored by Senator Van Drew and Assembly companion, A02989 (Milam) impose a $40 surcharge on all motor vehicle violations to defray some of the costs of providing local police services; and,
WHEREAS, S-1976/A-2982 establish two funds into which revenues from the surcharge will be divided equally between the “Rural Police Service Property Tax Relief Patrol Services Fund” and the “Police Services Property Tax Relief Fund”; and,
WHEREAS, S-2976/A-2982 provide that monies in these Funds are to be used exclusively to reduce the amount a municipality is required to raise through local property taxation to cover the costs of providing police services;
NOW, THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Borough of Allenhurst, County of Monmouth, do hereby endorse the sensible solution and appropriate surcharge rates as proposed in S-1976/A-2982 and support its adoption thereof; and,
BE IT FURTHER RESOLVED, That copies of this resolution be sent to the Governor, the members of the State Legislature and the New Jersey League of Municipalities.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #8
A RESOLUTION TO APPROVE PURCHASES
Offered By: _______________ Seconded By: _______________
WHEREAS, Purchases were made for amounts over $1,000.00 and it is the policy of the Borough that the Board of Commissioners approve or confirm said purchases; and;
WHEREAS, Funds for these purposes are provided for in various accounts within the current budget, and the CFO has so certified; and,
NOW, THEREFORE, BE IT RESOLVED, That the following contracts are hereby confirmed:
Swim New Jersey for lifeguard suits - $1,736.00
W.E. Timmerman for service to Street Sweeper - $2,510.49
Lager Glass for replacement of glass window in Beach Club Restaurant - $1,540.00
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #9
A RESOLUTION TO AWARD CONTRACT FOR IRRIGATION SYSTEM
Offered By: _______________ Seconded By: _______________
WHEREAS, The Board of Commissioners desire to put an irrigation system in Selby Park, located on the east side of Main Street; and,
WHEREAS, The Borough Engineer has solicited quotations for this project, and has made recommendation on the award of the contract to the low bidder; and,
WHEREAS, Funds for this purpose are provided in the Capital Ordinance known as Improvements to Public Buildings and Grounds, #2007-04, and the Chief Finance Officer has so certified;
NOW, THEREFORE, BE IT RESOLVED, That a contract be awarded to Garden Irrigation, the lowest of three quotes received, on their price of $5,800.00 for the installation of an irrigation system in Selby Park, located on the east side of Main Street.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #10
A RESOLUTION TO SUPPORT THE “OVER THE LIMIT, UNDER
ARREST 2008 STATEWIDE CRACKDOWN” PROGRAM
Offered By: _______________ Seconded By: _______________
WHEREAS, Impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,-000 people each year; and,
WHEREAS, 28% of motor vehicle fatalities in New Jersey are alcohol-related; and,
WHEREAS, An enforcement crackdown is planned to combat impaired driving; and,
WHEREAS, The end of summer season is traditionally a time of socia gatherins, which often include alcohol; and,
WHEREAS, The State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2008 Statewide Crackdown; and,
WHEREAS, the project will involve increased impaired driving enforcement from August 15 through September 1, 2008; and,
WHEREAS, An increase in impaired driving enforcement and a reduction in impaired driving will sve lives on our roadways;
THEREFORE, BE IT RESOLVED, That the Board of Commissioners of the Borough of Allenhurst declares its support for the Over the Limit Under Arrest 2008 Statewide Crackdown from August 15 through September 1, 2008, and pledges to increase awareness of the dangers of drinking and driving.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
RESOLUTION #11
A RESOLUTION TO APPROVE BILLS AND PAYROLL (8/01/08 - 8/15/08)
Offered By: _______________ Seconded By: _______________
BE IT RESOLVED, That bills and payrolls totaling $305,111.26 be approved for payment; and,
BE IT FURTHER RESOLVED, That the August 12th consolidated bill list be attached hereto and made a part thereof.
VOTE: Comm. McLoughlin____; Comm. Bolan____; Mayor McLaughlin____
Bond Ordinance No. 2008-07
BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A TRACTOR AND ATTACHMENTS, AND APPROPRIATING $65,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $61,750 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF ALLENHURST, IN THE COUNTY OF MONMOUTH, NEW JERSEY
BE IT ORDAINED by the BOROUGH BOARD OF COMMISSIONERS OF THE BOROUGH OF ALLENHURST, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:
Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Borough of Allenhurst, in the County of Monmouth, New Jersey (the “Borough”). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $65,000, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $3,250 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1, et seq. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more previously adopted budgets.
Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $61,750, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.
Section 3.
a. The improvements hereby authorized and the purposes for which the obligations are to be issued consist of the purchase of a tractor and attachments, together with all work and materials necessary therefor or incidental thereto, as more fully described in plans and specifications on file with the Borough Clerk, as finally approved by the governing body of the Borough.
b. The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $61,750, as stated in Section 2 hereof.
c. The estimated cost of the improvements or purposes described in Section 3(a) hereof is $65,000, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $65,000 over the estimated maximum amount of bonds or notes to be issued therefor being the $3,250 down payment for said purposes.
Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Borough, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.
Section 5. The following additional matters are hereby determined, declared, recited and stated:
a. The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Borough may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
b. The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is five (5) years.
c. The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Borough Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such Statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $61,750 and the obligations authorized herein will be within all debt limitations prescribed by that Law.
d. An aggregate amount not exceeding $5,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.
e. To the extent that moneys of the Borough are used to finance, on an interim basis, costs of said improvements or purposes, the Borough reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto.
Section 6. The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Borough Clerk and is available there for public inspection.
Section 7. Any grant or similar moneys from time to time received by the Borough for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.
Section 8. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and, unless paid from other sources, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount.
Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.