MINUTES OF REGULAR MEETING OF
MAYOR AND COUNCIL OF THE BOROUGH OF EATONTOWN
MARCH 11, 2009 AT 7:30 P.M.
1. ROLL CALL. Mayor Tarantolo opened the meeting, noted our compliance with the Open Public Meetings
Act, and asked for the roll call. PRESENT: Mayor Tarantolo, Council President Schiels, Councilman DaVis,
Councilwoman Rau, Councilwoman Forbes, Councilman Connelly, Councilman Regan. ALSO PRESENT:
Borough Administrator George Jackson, Borough Clerk Karen Siano, Borough Attorney Andrew Bayer. FLAG
SALUTE: Councilman Connelly.
MOMENT OF SILENCE: Mayor Tarantolo noted with regret the passing of Ed Clark, a former Councilman and
Council President, and asked for a Moment of Silence in his memory.
2. APPROVAL OF MINUTES, 2/11/09 and 2/25/09 (Offered by Councilwoman Rau, seconded by Councilman
Connelly, and passed on a unanimous voice vote)
3. COMMUNICATIONS
A. Minutes of Council Workshop, 3/4/09
B. Letters from T & M Associates, re: Husky Brook Park, Weltz Park Land Exchange, Schuber Place, Lowes
C. Letter from Mr. Anthony Talerico, Jr., 10 Meadowbrook Avenue, re: budget process
D. Tax Collector’s Report for February 2009
(Offered by Council President Schiels, seconded by Councilwoman Forbes, and passed on a unanimous voice vote)
4. PUBLIC COMMENT
Mr. Dave Corcione, 220 Whalepond Road, asked about the Weltz Park land exchange. Mr. Jackson explained that
the Borough is trying to close out this three year old project, and this is the final step in that process. Mayor
Tarantolo noted that years ago, there was a swap of land for the park, and some of it was taken from Eatontown
creating a right of way issue. The land will remain a park. Ms. Sara Breslow, 11 Lake Drive, asked how a
resolution got on the consent agenda without any apparent discussion; she felt that it was an issue dealing with
contracting out work, which should have been discussed in public. Mayor Tarantolo explained that the resolution
regarding Birdsall Engineering was discussed in executive session under the direction of the Borough Attorney as it
was a contract negotiation issue. It will be pulled off the consent agenda and discussed in a public hearing tonight.
Mr. Paul Kirzow, 20 Woodmere Drive, asked why the Borough did not solicit through an RFP; Mr. Bayer
explained that this is a potential assignment to the current contractor who was originally solicited through a fair and
open process. Mr. Anthony Talerico, Jr., 10 Meadowbrook Avenue, asked why then were the road program and
stormwater management assignments to Birdsall discussed at the workshop meeting; Mr. Bayer replied that it’s the
decision of the governing body as long as it’s within the requirements of the Open Public Meetings Act.
5. MAYOR'S REPORT
Mayor Tarantolo reported that he and other mayors were invited to a Governor’s meeting on the stimulus package
on February 28th which was signed today by the President; New Jersey will be receiving $17.4 billion will be
heading towards projects in New Jersey divided in several ways. In particular, Eatontown’s earmarked funds are
for the projects regarding the intersection improvements at Industrial Way and Route 35; also, the 2008 road
improvement program. Hopefully both projects will be approved; he feels we stand a very good chance for the
intersection particularly because it’s a joint project.
6. REPORTS OF COMMITTEES
A. FINANCE & ORDINANCE – Council President Schiels
Council President Schiels reported that they are planning another finance committee meeting for next week. Mayor
Tarantolo asked if we got the state numbers yet; Mr. Jackson replied that the finance officer will have them
tomorrow, but we know the difference from last year’s cuts: last year, $191 million was cut from Eatontown state
aid, and this year a total of $31 million will be cut, so we will be in better shape than last year. Mayor Tarantolo
reported that he and other mayors attended another Governor’s meeting on March 7th regarding budget proposals
where it was revealed that roughly 2% of municipal aid would be cut.
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B. PUBLIC WORKS & WELFARE - Councilman DaVis
Councilman DaVis reported that on the March 1st snow storm, the DPW spread 25 tons of salt, 100 gallons of
deicer liquid, and expended 25 extra employee hours. On March 2nd, the storm operation started at 2 a.m. and
ended at 2:30 p.m. involving 312.5 employee hours, 50 tons of salt, and 300 gallons of deicer. On March 3rd, the
last day of the clean up effort, there were 88 hours of employee hours expended, 20 tons of salt, and 100 gallons of
deicer. Overall, the Borough was cleaned up as best it could be. It was interesting to note that state roads were in
worse shape in Eatontown than our local roads. Kudos and commendations were given to our DPW for the fine job
that they did under the circumstances.
C. PUBLIC BUILDINGS & INSURANCE - Councilwoman Rau, no report
D. FIRE & WATER – Councilwoman Forbes
Councilwoman Forbes gave the February report: The Eatontown Fire Department responded to 53 emergency
calls, 20 calls for alarm activation, 10 structure fires, 7 calls for electrical power lines, 1 call for motor vehicle
accident, 9 calls for gas emergencies and carbon monoxide alarms, 1 call for water leak, 2 calls to assist EMS, 2
calls for Fire Police assistance, and 1 call for the major building collapse of the Roller Rink. Fire officers attended
the Mid Monmouth Mutual Aid agreement signing; members attended training at the Fire House on operations of
all power equipment, and Fire Department members were on standby at the Fire House for the major storm watch
which started on February 28th for approximately 17 hours.
E. POLICE, PUBLIC LIGHTS & TENANTS RIGHTS - Councilman Connelly
Councilman Connelly reported that there were 542 tickets written in February. There were 58 total accidents in the
Borough, the lowest in a long time. 39 were reportable, 19 were non reportable. Top ticket writers were Patrolman
Bryan Mulholland with 54, Patrolman Tony Amodio with 49, and Patrolman Jason Cardomoni with 46. The
general orders for accredition are now complete, and are being proofed. He commended Captain John Cleary who
accomplished this task in one year, while two different predecessors didn’t do it in six.
F. PARKS, RECREATION & PARKING - Councilman Regan
Councilman Regan reported that the Recreation Advisory Committee has a meeting on March 5th. Travel
Basketball is in its final weeks; they will be having a pizza party for the kids on March 28th. Yoga and Family and
Adult Yoga has one session left, and will be offered again due to popular demand. Softball registration will be
ending on March 13th, and evaluations will be on March 28th. Clinics will be held in May for the pre-K,
Kindergarten and First Grades, and the Easter Egg Hunt will be held on March 21st.
G. ADMINISTRATOR'S REPORT - Mr. Jackson
Mr. Jackson asked Mr. Corcione to call him tomorrow regarding the specifics of the land swap deal. He also noted
to Ms. Thatcher and Ms. Ford that our code enforcement officer, Brian Denegar, is working on each of their issues;
a written report is coming within the week
7. CLERK AND TREASURER'S REPORT - no report
8. UNFINISHED BUSINESS
A. Public Hearing and Adoption of Ordinance 02-2009, re: Pay to Play. TITLE: ORDINANCE 02-2009
ADOPTING SPECIAL PAY-T0-PLAY RESTRICTIONS FOR PROFESSIONAL SERVICE CONTRACTS,
EXTRAORDINARY UNSPECIFIABLE SERVICE CONTRACTS AND DEVELOPERS AND RE-
DEVELOPERS. Ordinance read by title only for the second time. Motion made to open the public hearing by
Councilman Connelly, seconded by Council President Schiels, and approved on a unanimous voice vote. Public
hearing opened for any COMMENT: Mr. Anthony Talerico, Jr. of 10 Meadowbrook Avenue commended Council
for enacting this ordinance; however, he felt it should be stricter. Mr. Ted Lewis of 227 Wyckoff Road stated that
this ordinance solves a problem that never existed based on his years on Council. Mayor Tarantolo asked that the
definition of in-kind services be attached to the ordinance. Motion made to close the public hearing by Council
President Schiels, seconded by Councilman DaVis, and approved on a unanimous voice vote. Public hearing
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closed. Ordinance read by title only for the third time. Ordinance was offered by Councilman Connelly, seconded
by Councilwoman Forbes, and approved on a unanimous roll call vote.
ORDINANCE 02-2009 ADOPTING SPECIAL PAY-T0-PLAY RESTRICTIONS FOR PROFESSIONAL
SERVICE CONTRACTS, EXTRAORDINARY UNSPECIFIABLE SERVICE CONTRACTS AND
DEVELOPERS AND RE-DEVELOPERS
WHEREAS, substantial political contributions from those seeking to or performing business within the Borough of
Eatontown raise reasonable concerns on the part of taxpayers and residents as to their trust in government contracts;
and WHEREAS, the Legislature adopted Pay to Play Legislation, P.L.2005, c.271., which affirmed that
municipalities are authorized to adopt by ordinance measures limited the awarding of public contracts to business
entities that have made political contributions and limited the contributions that the holders of a contract can make
during the term of a contract; and WHEREAS, pursuant to P.L. 2005, c.271., business entities receiving no-bid
contracts are required to submit a list of political contributions that were made by the business entity during the
preceding 12-month period; and WHEREAS, the Council of the Borough of Eatontown hereby declares that upon
the effective date of this ordinance all professional and extraordinary unspecifiable service contracts shall be
subject to the restrictions contained herein; and WHEREAS, it has become more frequent for developers and
redevelopers to make substantial political contributions to the election campaigns for local government offices, and
to the political parties which support them; and WHEREAS, the local government officials are, once elected,
responsible for deciding the terms of a development and/or redevelopment agreement; and WHEREAS, political
contributions from developers entering into agreements for development and/or redevelopment projects approved
by the elected officials who receive such contributions raises reasonable concerns on the part of taxpayers and
residents as to their trust in the process of local redevelopment, including but not limited to redevelopment
decisions on tax abatements, zoning densities, publicly funded infrastructure improvements, and acquisition of
property rights pursuant to eminent domain; and WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq. provides a mechanism to empower and assist local governments in efforts to promote programs
for redevelopment; and WHEREAS, N.J.S.A. 40A:12A-8 allows municipalities or a designated redevelopment
entity to enter into agreements with redevelopers for planning, replanning, construction or undertaking of any
project or redevelopment work without public bidding and at such prices and upon such terms as it deems
reasonable within areas designated for redevelopment; and WHEREAS, N.J.S.A.40A:12A-11 provides that
redevelopment entities are instrumentalities of the municipality; and WHEREAS, both the exceptions to the Open
Public Meetings Act, more specifically N.J.S.A. 10:4-12b and N.J.S.A. 40A:12A-8, provide that negotiations for
such agreements can be conducted in executive session, provided the full terms of any such agreements are
discussed and approved in open session; and WHEREAS, the Borough of Eatontown has declared, or in the future
may declare, certain areas to be “Areas in Need of Redevelopment” under the Local Redevelopment and Housing
Law, and may adopt a Redevelopment Plan; and WHEREAS, given the potential of negotiating with private
developers and/or redevelopers and the entering into developer agreements upon receipt of land use approvals
pursuant to the Municipal Land Use Law or agreements with redevelopers without a formal public bidding process,
as permitted by the Local Redevelopment and Housing Law, it is necessary to establish certain limitations on
political contributions which may undermine public confidence in any redevelopment effort; and WHEREAS, the
policy of the Borough of Eatontown will be to create such a regulation which states that any entity or individual
seeking to enter into a developers agreement, a redevelopment agreement or amendment thereto, or is otherwise
seeking to obtain rights to develop pursuant to a redevelopment agreement and who makes political contributions to
Borough of Eatontown elected officials and/or candidates for local office, and local and Borough political
committees, will be ineligible to enter into such agreements, or receive such rights from the Borough of Eatontown;
and WHEREAS, in the interest of good government, the Borough Council of the Borough of Eatontown desires to
establish a policy that will avoid the perception of improper influence in awarding government contracts. NOW,
THEREFORE, IT IS HEREBY ORDAINED, by the Municipal Council of the Borough of Eatontown, County of
Monmouth and State of New Jersey that Code of the Borough of Eatontown is supplemented by the addition of
Chapter 235 entitled “Pay-to-Play Restrictions” which includes the following:
§235-1. Prohibition on Awarding Public Contracts to Certain Contributors.
(a) The Borough of Eatontown and any of its purchasing agents or departments or instrumentalities of the Borough
thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any
“business entity” as defined herein, including those awarded pursuant to any process, including a fair and open
process, regardless of the amount of the contact, if such “business entity” has solicited or made any contribution of
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money, or pledge of a contribution, including in-kind contributions (as such term is defined within N.J.A.C. 19:25-
1.7), in excess of the thresholds specified in subsection 1(d) within one calendar year immediately preceding the
Borough’s public announcement of or private solicitation of a request for proposals, to:
(i) Any Borough candidate or holder of a public office having ultimate responsibility for the award of the
contract, or
(ii) any campaign committee of such a candidate or holder of public office, or
(iii) any Borough of Eatontown municipal party, or
(iv) any county party committee within the State of New Jersey, or
(v) any candidate committee, state or Borough political party committee, legislative leadership committee,
continuing political committee or political action committee (PAC) organized under §572 of the Internal Revenue
Code, that is organized for the purpose of supporting Borough candidates or Borough officeholders and/or that has
within the last calendar year provided financial or in-kind support to Borough of Eatontown municipal elections
and/or Borough of Eatontown municipal or Borough parties.
(b) No “business entity” that submits a proposal for, or agrees to any contract or agreement (including non-
emergency contracts awarded by N.J.S.A. 40A:11 et seq. or the “Fair and Open Process” pursuant to N.J.S.A.
19:44A-20 et seq.) with the Borough or any departments thereof, as the case may be, shall knowingly solicit or
make any contribution of money, pledge of contribution, including in-kind contributions (as such term is defined
within N.J.A.C. 19:25-1.7) in excess of the thresholds specified in subsection 1(d), between the time of the first
public announcement or private solicitation of a request for proposals, as the case may be, and the later of the
awarding of the contract to another proposer, or written withdrawal of the proposal, or, as to the successful
applicant, the completion of the contract or agreement, except as permitted in section 1(d) to:
(i) any Borough candidate or holder of public office having ultimate responsibility for the award of the
contract, or
(ii) any campaign committee of such a candidate of holder of public office, or
(iii) any Borough of Eatontown municipal party; or
(iv) any county party committee within the State of New Jersey; or
(v) any candidate committee, state or Borough political party committee, legislative leadership committee,
continuing political committee or political action committee (PAC) organized under §527 of the Internal Revenue
Code, that is organized for the purpose of supporting Borough candidates or Borough officeholders and/or that has
within the last calendar year provided financial or in-kind support to Borough of Eatontown municipal elections
and/or Borough of Eatontown municipal or Borough parties.
(c) For purposes of this ordinance, a “business entity” seeking a public contract means:
(i) any professional or provider of extraordinary unspecificable services as defined in N.J.S.A. 40A:11-5(1)(a),
and
(ii) an individual including the individual’s spouse, if any, and any child living at home; person; firm;
corporation; professional corporation; partnership; organization; or association. The definition of a “business
entity” includes all principals who own 1% or more of the equity in the corporation, limited liability company
(“LLC”), business trust, partnership, and/or limited liability partnership and any officers duly appointed and/or
employed by corporations and or LLCs., as well as any subsidiaries directly controlled by the business entity.
(iii) A “business entity” does not include not-for-profit organizations or their officers or board members.
(d) Any individual meeting the definition of “business entity” under this section may annually contribute a
maximum of $300 each for any purpose to any candidate for Borough of Eatontown office, municipal party
committees within Borough of Eatontown, county party committee, and $300 to any state political party committee,
candidate committee or political action committee (PAC) organized under §527 of the Internal Revenue Code, that
is organized for the purpose of supporting Borough candidates or Borough officeholders, without violating
subsection (a) or (b) of this section. However, any group of individuals meeting the definition of “business entity”
under this section, including principals, partners, and officers of the entity in the aggregate, may not contribute for
any purpose in excess of $300 to all Borough of Eatontown candidates and officeholders with ultimate
responsibility for the award of the contract, and all municipal or Borough political parties, candidate committees,
county political parties, and state political parties, legislative leadership committees, continuing political
committee, and/or PACs that is organized for the purpose of supporting Borough candidates or Borough
officeholders, without violating subsection (a) or (b) of this section.
(e) For purposes of this section, the office that is considered to have ultimate responsibility for the award of the
contract shall be the Borough of Eatontown and any of its political sub-divisions, or any individual who is
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responsible for the award of a contract and is appointed by the Borough of Eatontown, including the Borough
Council and the Mayor.
§235-2. Contributions Made Prior to the Effective Date.
This ordinance does not apply retroactively. Political contributions, whether monetary or “in-kind,” made prior to
the effective date of this ordinance shall not be deemed to be a violation of this ordinance.
§235-3. Disclosure & Contribution Statement by Professional Business Entity and Provider of
Extraordinary Unspecifiable Services.
(a) Any business entity seeking a contract with the Borough shall file the disclosure statements as required by P.L.
2005, c.271 (“Chapter 271 Disclosure Forms”), which must be filed no later than ten days prior to the awarding of a
contract or agreement to procure services. The Borough or any of its purchasing agents or agencies, as the case
may be, shall maintain a copy of all Chapter 271 Disclosure Forms and such documents shall be subject to the
requirements of the Open Public Records Act.
(b) The “business entity” will make the statement knowing that under penalty of perjury that it has not made a
contribution in violation of the Ordinance hereof and has not made or solicited contributions through
intermediaries, third parties, immediate relatives, candidate committees, or Political Action Committees for the
purpose of concealing the source of the contributor(s).
(c) Filing an incorrect Chapter 271 Disclosure Form may be deemed a breach of the contract and shall result in the
“business entity” being debarred from being awarded any Borough contract for a period of one year.
(d) The “business entity” shall have a continuing duty to report any violations of this Ordinance that may occur
during the duration of a contract. The certification required under this subsection shall be made prior to entry into
the contract or agreement with Borough of Eatontown and shall be in addition to any other certifications that may
be required by any other provision of law. At a minimum, completion of the Chapter 271 Disclosure Statement will
be an annual requirement of the “business entity.”
(e) The annual Disclosure Form shall be filed within twenty (20) days following each anniversary of the proposal,
if for a multi-year agreement.
§235-4. Prohibition of entering into and/or amending development and/or redevelopment agreements with
certain contributors.
(a). Any other provision of law to the contrary notwithstanding, the Borough of Eatontown or any of its, purchasing
agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement,
amend an agreement, or otherwise contract with any developer and/or redeveloper, as defined in subsection (c).
below, for the planning; replanning, construction or undertaking of any development and/or redevelopment project
including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within
the Borough of Eatontown pursuant to the Local Redevelopment and Housing Law and/or the Municipal Land Use
Law, if that developer and/or redeveloper has knowingly solicited or made any contribution of money, pledge of
contribution, including in-kind contributions (as such term is defined within N.J.A.C. 19:25-1.7) in excess of the
thresholds specified in Section 1(d) above, within one calendar year immediately preceding the date of entering into
the developers agreement, redevelopment agreement, amended agreement, or contract (hereinafter "agreement"),
except as permitted in Section 1(d) above to:
(i) any Borough candidate or holder of public office having ultimate responsibility for the award of the
contract, or
(ii) any campaign committee of such a candidate of holder of public office, or
(iii) any Borough of Eatontown municipal party committee; or
(iv) any county party committee within the State of New Jersey; or
(v) any candidate committee, state political party committee, legislative leadership committee, continuing
political committee or political action committee (PAC) organized under §527 of the Internal Revenue Code, that is
organized for the purpose of supporting Borough candidates or Borough officeholders and/or that has within the
last calendar year provided financial or in-kind support to Borough of Eatontown municipal elections and/or
Borough of Eatontown municipal or Borough parties.
(b). All Developer Agreements or amendments thereto and/or Redevelopment Agreements entered into by the
Borough of Eatontown shall contain a provision prohibiting developers and/or redevelopers, as defined in
subsection (c) below, to solicit or make any contribution in excess of the thresholds specified in Section 1
subsection (d) above.
(c). A “developer” or "redeveloper" means any person, firm, corporation, partnership, limited liability company,
organization, association, or public body that shall enter into or propose to enter into an agreement with a
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municipality or other redevelopment entity for the development of property pursuant to the Municipal Land Use
Law, redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or
any part thereof, under the provisions of the Local Redevelopment and Housing Law, or for any construction or
other work forming part of a development or redevelopment or rehabilitation project. For the purposes of this
section the definition of a developer or redeveloper includes all principals who own one percent (1%) or more of
the equity in the corporation or business trust, partners, and officers in the aggregate employed by the developer
and/or redeveloper as well as any affiliates or subsidiaries directly controlled by the developer or redeveloper.
Spouses and any child/children shall also be included.
§235-5. Contribution Statement of Developers and/or Redevelopers; Notice given by Municipality.
(a). Prior to arranging and entering into a Developer’s Agreement or Redevelopment Agreement with any
developer or redeveloper, the Borough of Eatontown or any of its purchasing agents or agencies or independent
authorities, as the case may be, shall receive a sworn statement from the developer or redeveloper that the
developer or redeveloper has not made any contribution in violation of Section 1, subsection (d) above. The
Borough of Eatontown, through any appropriate redevelopment agent, agency, officer, authority, or department,
shall be responsible for informing the Mayor and the Borough Council that the aforementioned sworn statement has
been received and that the developer or redeveloper is not in violation of this Ordinance, prior to entering into any
Developer’s Agreement or Redevelopment Agreement. Furthermore, the developer or redeveloper shall have a
continuing duty to report any violations of this chapter that may occur while arranging and entering into the
Developer’s Agreement or redevelopment agreement, and until all specified terms or time period of the agreement
have been completed. The certification required under this subsection shall be made prior to entry into the
agreement with the municipality and shall be in addition to any other certifications that may be required by any
other provision of law.
(b). It shall be the Borough's continuing responsibility to give notice of this Ordinance to all developers who file
any application with the municipality, its land use boards and/or any of its political subdivisions, including but not
limited to the Planning Board or Zoning Board, to develop any tract of land within the municipality and/or when
the municipality gives notice of redevelopment pursuant to 40A:12A-6 and/or when the municipality adopts a
ordinance directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts
the ordinance to implement the redevelopment plan.
§235-6. Contribution restrictions and disclosure requirement applicability to consultants.
(a). The contribution and disclosure requirements in this chapter shall apply to all developers and/or redevelopers as
well as professionals, consultants or lobbyists contracted or employed by the developer and/or redeveloper
including those ultimately, designated by the developer/redeveloper to provide services related to the: (i) lobbying
of government officials in connection with the examination of an area and it designation as an area in need of
redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan; (ii)
obtaining the designation or appointment as redeveloper; (iii) negotiating the terms of a developer’s agreement or
redevelopment agreement or any amendments or modifications thereto; and (iv) performing the terms of a
developer’s agreement or redevelopment agreement.
(b). It shall be a breach of the consultant's contract with the developer and/or redeveloper, and shall require
immediate termination, for a consultant to violate the contribution limits and disclosure requirements in this
ordinance.
(c). A developer or redeveloper who participates in, or facilitates, the circumvention of the contribution restrictions
through consultants or professionals shall be deemed to be in breach of its approvals with the land use board and/or
the Borough.
§235-7. Return of Excess Contributions.
A “business entity,” developer, or redeveloper, or Borough of Eatontown candidate or officeholder, or municipal,
county or state party committee, candidate committee, legislative leadership committee, continuing political
committee or PAC referenced in this ordinance, may cure a violation of Section 1 of this Ordinance, if, within 30
days after the applicable ELEC report, the “business entity” notifies the Borough of Eatontown in writing and seeks
and received reimbursement of the contribution from the relevant candidate or officeholder, municipal or county
political party, state political party, candidate committee, legislative leadership committee, continuing political
committee, or PAC referenced in this ordinance.
§235-8. Penalty and Anti-Circumvention Provision.
(a) It shall be a breach of a contract with Borough of Eatontown for a “business entity,” developer or redeveloper
to (i) make or solicit a contribution in violation of this ordinance; (ii) knowingly conceal or misrepresent a
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contribution given or received; (iii) make or solicit a contribution through intermediaries for the purpose of
concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution on the condition
of or with the agreement that it will be contributed to a campaign committee of any candidate or holder of public
office of the Borough of Eatontown; (v) engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make any contribution, which if made or solicited by the “business entity”
itself, would violate this ordinance; (vi) fund contributions made by third parties, including consultants, attorneys,
family members and employees; (vii) engage in any exchange of contribution to circumvent the intent of this
ordinance; or (viii) directly or indirectly, through of by any other person or means do any act which would violate
this ordinance.
(b) Furthermore, any “business entity,” developer or redeveloper that violates § 8(a)ii-viii shall be debarred from
eligibility for future Borough of Eatontown contracts or for entering into a developers agreement or redevelopment
agreement for a period of one (1) calendar year from the date of the violation.
§235-9. Anti-Wheeling Restrictions.
(a) No candidate committee for any candidate for Borough of Eatontown office shall accept a contribution from a
Borough of Eatontown municipal party in excess of $300 per election.
(b) No candidate committee for any candidate for Borough of Eatontown shall accept a contribution from a county
political party in excess of $300 per election.
(c) No candidate committee for any candidate for Borough of Eatontown shall accept a contribution from a state
political party in excess of $300 per election.
(d) No candidate committee for any candidate for Borough of Eatontown office shall accept a contribution from a
legislative leadership committee in excess of $300 per election.
(e) No candidate committee for any candidate for Borough of Eatontown shall accept a contribution from a
continuing political committee or PAC organized under §527 of the Internal Revenue Code in excess of $300 per
election.
(f) No candidate committee for any candidate for Borough of Eatontown office shall accept a contribution from
another candidate committee, other than from a candidate committee located in at least part of Borough of
Eatontown, in excess of $300 per election.
(g) Any candidate or candidate committee who has taken contributions in excess of those outlined in Section 8(a
of this Ordinance shall be subject to a fine not exceeding $2,000 per violation, pursuant to N.J.S.A. 40:49-5.
§235-10. Severability.
If any provision of this Ordinance, or the application of any such provision to any person or circumstances, shall be
held invalid by a court of the United States or this State, or by any administrative agency of the United States or this
State, the remaining provisions shall remain in effect.
§235-11. Repealer.
This ordinance supplements, but does not supersede the contribution disclosure requirements, under P.L. 2004, c
19, s.7 amended P.L. 2005, c. 51, s. 15 (N.J.S.A. 19:44A-20.8) and P.L. 2005, c. 271, s. 2 (N.J.S.A. 19:44A-20.26),
for contracts awarded through other than a fair and open process. All ordinances or parts of ordinances that are
inconsistent with any provisions of this ordinance are hereby repealed to the extent of such inconsistencies.
§235-12. Incorporation by Reference.
The regulatory and penalty provisions of this Ordinance shall be incorporated by referenced into all Borough of
Eatontown contracts for professional services and extraordinary unspecifiable services and developer’s agreements
and redevelopment agreements.
The Clerk of the Borough of Eatontown shall file a certified true copy of this Ordinance with the Secretary of State,
in accordance with N.J.S.A. 40A:11-51(c).
§235-14. Effective Date.
This ordinance shall take effect in accordance with law.
B. Public Hearing and Adoption of Ordinance 03-2009, re: Special Events. TITLE: ORDINANCE 03-2009
AMENDING CHAPTER 282, ENTITLED “SPECIAL EVENTS, OUTDOOR SALES AND TEMPORARY
DISPLAYS”, SECTION 6, ENTITLED “COUNCIL APPROVAL” OF THE CODE OF THE BOROUGH OF
EATONTOWN TO AUTHORIZE THE BOROUGH ADMINISTRATOR TO ISSUE PERMITS. Ordinance read
by title only for the second time. Motion made to open the public hearing by Councilman DaVis, seconded by
Councilwoman Rau, and approved on a unanimous voice vote. Public hearing opened for any COMMENT: Mr.
Paul Kirzow of 20 Woodmere Drive asked about the definition of special event; Mayor Tarantolo noted it is
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covered in the ordinance, and this ordinance will allow the administrator to issue permits without Council approval
to speed up the process for businesses. Mr. Kirzoe suggested that updates should be given to Council every two
weeks. Motion made to close the public hearing by Council President Schiels, seconded by Councilwoman Rau,
and approved on a unanimous voice vote. Public hearing closed. Ordinance read by title only for the third time.
Ordinance was offered by Councilwoman Rau, seconded by Councilman Regan, and approved on a unanimous roll
call vote.
ORDINANCE 03-2009 AMENDING CHAPTER 282, ENTITLED “SPECIAL EVENTS, OUTDOOR SALES
AND TEMPORARY DISPLAYS”, SECTION 6, ENTITLED “COUNCIL APPROVAL” OF THE CODE OF THE
BOROUGH OF EATONTOWN TO AUTHORIZE THE BOROUGH ADMINISTRATOR TO ISSUE PERMITS
WHEREAS, the Borough Council of the Borough of Eatontown (“Borough Council”) desires to amend Chapter
282, entitled “Special Events, Outdoor Sales and Temporary Displays”, Section 6, entitled “Council Approval”, of
the Code of the Borough of Eatontown (“Code”) to authorize the Borough Administrator to issue permits; and
WHEREAS, the Borough Council has further determined that the Borough Administrator will report to the
Borough Council on a monthly basis detailing all permits issued. NOW, THEREFORE, BE AND IT IS HEREBY
ORDAINED, by the Borough Council of the Borough of Eatontown, County of Monmouth and State of New Jersey
that the Code be and hereby is amended to delete Chapter 282-6, entitled “Council Approval”, and to replace it with
the following: Chapter 282-6 “Borough Administrator Approval” Under this chapter, all applications, in addition
to being reviewed and approved by the Zoning Officer and those officials set forth more fully above, must receive
final approval from the Borough Administrator. The Borough Administrator shall report to the Borough Council on
a monthly basis detailing all permits issued under this chapter. BE IT FURTHER ORDAINED, that if any section,
paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, subsection, clause or provisions so adjudicated, and the
remainder of the Ordinance shall be deemed valid and effective; and BE IT FURTHER ORDAINED, that any
ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such
conflict; and BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon passage and publication
in accordance with applicable law.
9. BILLS AND CLAIMS, along with a biweekly payroll
(Offered by Council President Schiels, seconded by Councilwoman Forbes, and passed on a unanimous voice vote)
INVOICES DUE: BOROUGH OF EATONTOWN
03/11/2009 OR EARLIER CASH REQUIREMENTS BILL LIST - ORGANIZATION SUMMARY ACCT PERIOD: 3/09
SELECTION CRITERIA: ALL
KEY ORGN TITLE TOTAL AMOUNT
-------- ------------------------- --------------
FUND: 0001 - CURRENT FUND 0001 CURRENT FUND 1,837,807.90
1011 ADMIN. & EXECUTIVE IN CAP 195.35
1013 MUNICIPAL CLERK 290.00
1014 LABOR COUNCIL 265.10
1021 ADVERTISING 64.16
1036 INFORMATION TECHNOLOGY 170.00
1042 AUDITING SERVICES 7,350.00
1061 COLLECTION OF TAXES 48.89
1085 LEGAL SERVICES-SPECIAL 1,590.02
1101 INSPECTION OF BUILDINGS 164.95
1121 CELEBRATION OF PUB EVENTS 222.40
1132 LIBRARY O/S CAPS 50.87
1141 COMMUNITY CENTER 825.17
1145 SENIOR CITIZENS PROGRAMS 383.91
1161 PLANNING BOARD 175.00
1171 BOARD OF ADJUSTMENT 175.00
1611 CONTINGENT 202.50
1671 PURCHASING 2,000.00
2201 FIRST AID ORGANIZATION 190.98
2401 FIRE & WATER 155.11
2411 FIRE PREVENTION 381.01
3191 POLICE 6,768.05
3211 MUNICIPAL COURT 169.19
3231 STREET LIGHTING 10,914.40
3261 MUNICIPAL PROSECUTOR 2,850.00
3502 BOND REGISTRATION 400.00
4021 GROUP INSURANCE/EMPLOYEES 185,931.00
4031 OTHER INSURANCE PREMIUMS 2,858.76
4301 PUBLIC BUILDINGS 5,448.31
5601 PARKS & PUBLIC FACILITIES 3,007.12
5611 RECREATION 588.42
6501 STREETS & ROADS 6,331.23
6511 MON. CTY. REC. CTR. FEES 1,662.39
6514 SANITATION - APTS. 564.96
6521 RECYCLING - CONTRACTUAL 126.35
6531 FUEL FOR MOTOR VEHICLES 3,033.95
3/11/09
Page 9
6532 TELEPHONE 3,828.01
6534 NATURAL GAS/HEATING OIL 3,946.63
6535 WATER 752.03
6681 MECHANICAL GARAGE 17,658.90
7102 PERS - O/S CAPS 4,051.47
7254 LOSAP - FIRST AID 10,350.00
--------------
TOTAL CURRENT FUND 2,123,949.49
FUND: 0002 - CAPITAL FUND 0002 CAPITAL FUND 3,700.98
--------------
TOTAL CAPITAL FUND 3,700.98
FUND: 0011 - Dog Trust Fund 0011 Dog Trust Fund 497.40
--------------
TOTAL Dog Trust Fund 497.40
FUND: 0012 - DEVELOPER'S ESCROW TRUST0012 DEVELOPER'S ESCROW TRUST 400.00
--------------
TOTAL DEVELOPER'S ESCROW TRUST 400.00
FUND: 0021 - Miscellaneous Trust Fund0021 Miscellaneous Trust Fund 7,000.00
--------------
TOTAL Miscellaneous Trust Fund 7,000.00
--------------
TOTAL REPORT 2,135,547.87
INVOICES DUE: BOROUGH OF EATONTOWN
03/11/2009 OR EARLIER CASH REQUIREMENTS BILL LIST ACCT PERIOD: 3/09
SELECTION CRITERIA: ALL
FUND - 0001 - CURRENT FUND
VENDOR # VENDOR NAME ACCOUNT ACCOUNT TITLE PO NUM AMOUNT DESCRIPTION
-------- ----------------------------- ------- ------------------------- -------- --------------- --------------------
BUDGET UNIT: 0001 CURRENT FUND
DELA002 EDUARDO DE LA CUEVA 0120 PROPERTY TAX REC-CURR.YR 90636 696.86 REF CURRENT TAX
BOEAT001 BOROUGH OF EATONTOWN 0158 DUE TO/FROM TRUST(ACCUT) 90580 19,500.00 TRUST
PORT003 THOMAS PORTER 1060 RES-OPENSPACE ACQUISITION 90299 30.00 OPENSPACE REC
BOE001 EATONTOWN BOARD OF EDUCATION 1150 DUE TO LOCAL SCHOOL 90578 1,126,735.12 TAX LEVY
MRH00L MONMOUTH REGIONAL H.S. BD. OF 1155 DUE TO MONMOUTH REGIONAL 90577 690,845.92 TAX LEVY
---------------
TOTAL CURRENT FUND 1,837,807.90
BUDGET UNIT: 1011 ADMIN. & EXECUTIVE IN CAP
COMC002 COMCAST 4640 MISCELLANEOUS 90541 165.35 MISC INTERNET
FLEX001 FLEX ONE 4640 MISCELLANEOUS 90331 30.00 MISCELLANEOUS
---------------
TOTAL ADMIN. & EXECUTIVE IN CAP 195.35
BUDGET UNIT: 1013 MUNICIPAL CLERK
MCANJ01 MUNICIPAL CLERKS ASSOC OF NJ 4460 MEETING EXPENSE 90563 290.00 MEETING EXPENSE
---------------
TOTAL MUNICIPAL CLERK 290.00
BUDGET UNIT: 1014 LABOR COUNCIL
APR001 APRUZZESE,McDERMOTT,MASTRO & M 4510 SERVICES/LEGAL COSTS/OTHE 90531 265.10 SERVICES PROF
---------------
TOTAL LABOR COUNCIL 265.10
BUDGET UNIT: 1021 ADVERTISING
ASB001 ASBURY PARK PRESS, INC. 4840 ADVERTISING OF LEGALS 90625 64.16 ADVERTISING
---------------
TOTAL ADVERTISING 64.16
BUDGET UNIT: 1036 INFORMATION TECHNOLOGY
EXPC001 EXPERT PC 4370 PURCH OF EQUIP & MACHINES 90515 170.00 PURCHASE EQUIP
---------------
TOTAL INFORMATION TECHNOLOGY 170.00
BUDGET UNIT: 1042 AUDITING SERVICES
OLI002 OLIWA & COMPANY R4540 RES SERVICES/PROF/OTHER 90573 7,350.00 PROF SERVICES
---------------
TOTAL AUDITING SERVICES 7,350.00
BUDGET UNIT: 1061 COLLECTION OF TAXES
STAP003 STAPLES BUSINESS ADVANTAGE 4160 OFFICE SUPPLIES 90550 48.89 OFFICE SUPPLIES
---------------
TOTAL COLLECTION OF TAXES 48.89
BUDGET UNIT: 1085 LEGAL SERVICES-SPECIAL
SUR001 JEFFREY R. SURENIAN & ASSOC., R4540 RES SERVICES/PROF/OTHER 90555 901.27 SERV PROFES
SUR001 JEFFREY R. SURENIAN & ASSOC., R4540 RES SERVICES/PROF/OTHER 90555 688.75 SERV PROFES
---------------
TOTAL LEGAL SERVICES-SPECIAL 1,590.02
BUDGET UNIT: 1101 CURRENT FUND
LAS002 LASER RENEW 4230 MAINT MACHINES & EQUIPMEN 90500 79.95 MAINTEN MACHINES
PHCC001 PLUMBING,HEATING,COOLING CONTR 4440 BOOKS & SUBSCRIPTIONS 90429 85.00 BOOKS & SUBSCRI
---------------
TOTAL INSPECTION OF BUILDINGS 164.95
BUDGET UNIT: 1121 CELEBRATION OF PUB EVENTS
CRI001 CRITERION CHOCOLATE,INC. 5409 EASTER EGG HUNT 90551 222.40 EASTER EGG HUNT
---------------
TOTAL CELEBRATION OF PUB EVENTS 222.40
BUDGET UNIT: 1132 LIBRARY O/S CAPS
NOLO001 NOLO R4440 RES BOOKS & SUBSCRIPTIONS 82970 50.87 BOOKS
3/11/09
Page 10
---------------
TOTAL LIBRARY O/S CAPS 50.87
BUDGET UNIT: 1141 COMMUNITY CENTER
MU002 MONMOUTH UNIVERSITY 3005 PART TIME EMPLOYEES 90554 60.75 WORK STUDY
ENV001 ENVIRONMENT HEALTH INVESTIGATI 4240 IMPRVMNT/MAINT-COM CENTER 90407 600.00 MAINT COMM CNTER
FOO001 SAKER SHOPRITES, INC. 4860 CHILDREN'S PROGRAMS 90418 145.52 CHILDREN'S PROGS
MU002 MONMOUTH UNIVERSITY R3005 RESERVE PART TIME EMPLOYE 90554 18.90 WORK STUDY
---------------
TOTAL COMMUNITY CENTER 825.17
BUDGET UNIT: 1145 SENIOR CITIZENS PROGRAMS
STAP003 STAPLES BUSINESS ADVANTAGE 4170 CLEANING SUPPLIES 90550 47.85 OFFICE SUPPLIES
BLA001 JUDITH CLAUSS BLAIR 4890 SENIOR CITIZENS PROGRAMS 90542 36.06 SENIOR PROGRAMS
FOO001 SAKER SHOPRITES, INC. 4890 SENIOR CITIZENS PROGRAMS 90469 100.00 SENIOR PROGRAMS
WEIN002 H. DAVID WEINSTEIN 4890 SENIOR CITIZENS PROGRAMS 90411 200.00 SENIOR TRIPS
---------------
TOTAL SENIOR CITIZENS PROGRAMS 383.91
BUDGET UNIT: 1161 PLANNING BOARD
NJPO001 NEW JERSEY PLANNING OFFICIALS 4430 DUES & MEMBERSHIP 90547 175.00 MEMBERSHIP
---------------
TOTAL PLANNING BOARD 175.00
BUDGET UNIT: 1171 BOARD OF ADJUSTMENT
NJPO001 NEW JERSEY PLANNING OFFICIALS 4430 DUES & MEMBERSHIP 90547 175.00 MEMBERSHIP
---------------
TOTAL BOARD OF ADJUSTMENT 175.00
BUDGET UNIT: 1611 CONTINGENT
TRUF001 TRUFFLES FLORIST R4810 RESERVE CONTINGENT 83165 67.50 CONTINGENT
TRUF001 TRUFFLES FLORIST R4810 RESERVE CONTINGENT 83185 67.50 CONTINGENT
TRUF001 TRUFFLES FLORIST R4810 RESERVE CONTINGENT 83221 67.50 CONTINGENT
---------------
TOTAL CONTINGENT 202.50
BUDGET UNIT: 1671 PURCHASING
RMRS001 RESERVE ACCOUNT 4150 POSTAGE 90548 2,000.00 POSTAGE
---------------
TOTAL PURCHASING 2,000.00
BUDGET UNIT: 2201 FIRST AID ORGANIZATION
CAS001 CAS MEDICAL SYSTEMS INC 4230 MAINT MACHINES & EQUIPMEN 90512 190.98 MAINTE EQUIPMENT
---------------
TOTAL FIRST AID ORGANIZATION 190.98
BUDGET UNIT: 2401 FIRE & WATER
WWG001 W.W. GRAINGER, INC. 4200 TIRES & BATTERIES 90529 35.16 BATTERIES
LAS002 LASER RENEW 4230 MAINT MACHINES & EQUIPMEN 90526 49.95 MAINTE EQUIPMENT
ARC002 A. R. COMMUNICATIONS 4360 MAINT/COMMUNICATION EQUIP 90464 70.00 MAINT COMM EQUIP
---------------
TOTAL FIRE & WATER 155.11
BUDGET UNIT: 2411 FIRE PREVENTION
ALP004 ALPHAGRAPHICS 4160 OFFICE SUPPLIES 90513 331.06 OFFICE SUPPLIES
LAS002 LASER RENEW 4230 MAINT MACHINES & EQUIPMEN 90526 49.95 MAINTE EQUIPMENT
---------------
TOTAL FIRE PREVENTION 381.01
BUDGET UNIT: 3191 POLICE
DUN001 DUNLAP LOCKSMITH, INC. 4160 OFFICE SUPPLIES 90533 24.35 OFFICE SUPPLIES
STAP003 STAPLES BUSINESS ADVANTAGE 4160 OFFICE SUPPLIES 90550 88.07 OFFICE SUPPLIES
STAP003 STAPLES BUSINESS ADVANTAGE 4160 OFFICE SUPPLIES 90550 207.93 OFFICE SUPPLIES
DLG001 DRIVER'S LICENSE GUIDE CO. 4230 MAINT MACHINES & EQUIPMEN 90534 61.85 MAINTE EQUIPMENT
FREM001 FORKED RIVER EMERGENCY MEDICAL 4230 MAINT MACHINES & EQUIPMEN 90447 242.00 MAINTE EQUIPMENT
QUAL003 QUALITY COMMUNICATIONS 4230 MAINT MACHINES & EQUIPMEN 90252 675.00 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90475 48.80 MAINTE EQUIPMENT
BOB001 BOB'S UNIFORM SHOP,INC. 4420 UNIFORMS & MAINTENANCE 90394 3,161.15 UNIFORMS
JER003 JOHN E. REID & ASSOCIATES, INC 4450 TRAINING & TUITION 90040 450.00 TRAINING & TUIT
NJSA002 NJ STATE ASSOC OF CHIEFS OF PO 4450 TRAINING & TUITION 90449 700.00 TRAINING & TUIT
PAGE002 COMMUNICATIONS SPECIALISTS, IN 4640 MISCELLANEOUS 90545 89.00 MISCELLANEOUS
COB001 COBBLESTONE DINER 4760 MEALS 90450 3.90 MEALS
RIS001 RISE & SHINE LUNCHEONETTE, INC 4760 MEALS 90451 4.50 MEALS
RIS001 RISE & SHINE LUNCHEONETTE, INC 4760 MEALS 90451 4.50 MEALS
BRAS001 RYAN BRASWELL 4970 TUITION COLLEGE REIMB. 90502 832.00 TUITION REIMB
HER002 HERITAGE BODY & TOWING SERVICE R4980 RES POL YTH INTRVNTN PRGM 90532 75.00 TRAFFIC SAFETY
HER002 HERITAGE BODY & TOWING SERVICE R4980 RES POL YTH INTRVNTN PRGM 90532 100.00 TRAFFIC SAFETY
---------------
TOTAL POLICE 6,768.05
BUDGET UNIT: 3211 MUNICIPAL COURT
STAP003 STAPLES BUSINESS ADVANTAGE 4160 OFFICE SUPPLIES 90550 169.19 OFFICE SUPPLIES
---------------
TOTAL MUNICIPAL COURT 169.19
BUDGET UNIT: 3231 STREET LIGHTING
GIN001 GINGER MEWS CONDO ASSOC. 4770 STREET LIGHTING 90566 32.26 STREET LIGHTING
JERS001 JCP&L 4770 STREET LIGHTING 90581 10,882.14 STREET LIGHTING
---------------
TOTAL STREET LIGHTING 10,914.40
BUDGET UNIT: 3261 MUNICIPAL PROSECUTOR
MUL003 JOHN T. LANE 5120 MUNICIPAL PROSECUTOR 90617 2,850.00 MUNICIPAL PROS
---------------
TOTAL MUNICIPAL PROSECUTOR 2,850.00
BUDGET UNIT: 3502 BOND REGISTRATION
BNY008 THE BANK OF NEW YORK 5190 BOND REGISTRATION FEE 90660 400.00 BOND REG FEE
3/11/09
Page 11
---------------
TOTAL BOND REGISTRATION 400.00
BUDGET UNIT: 4021 GROUP INSURANCE/EMPLOYEES
CJHI001 CENTRAL JERSEY HEALTH INS. FUN 4610 HEALTH INSURANCE 90579 185,931.00 HEALTH INSURANCE
---------------
TOTAL GROUP INSURANCE/EMPLOYEES 185,931.00
BUDGET UNIT: 4031 OTHER INSURANCE PREMIUMS
CJHI001 CENTRAL JERSEY HEALTH INS. FUN 4605 DISABILITY INSURANCE 90579 2,700.00 HEALTH INSURANCE
SIC003 STANDARD INSURANCE COMPANY 5390 FIREMENS LIFE INSURANCE 90556 158.76 FIREMEN LIFE INS
---------------
TOTAL OTHER INSURANCE PREMIUMS 2,858.76
BUDGET UNIT: 4301 PUBLIC BUILDINGS
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 50.05 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 374.05 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 16.00 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 216.55 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 58.70 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 176.20 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 12.00 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 36.00 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 68.00 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 107.10 MAINTE EQUIPMENT
SEA001 SEABOARD FIRE & SAFETY EQUIPME 4230 MAINT MACHINES & EQUIPMEN 90504 103.65 MAINTE EQUIPMENT
ASFI001 ATLANTIC SECURITY & FIRE, INC. 4330 MAINTENANCE OF BUILDINGS 90552 27.00 BUILDING MAINTE
DUN001 DUNLAP LOCKSMITH, INC. 4330 MAINTENANCE OF BUILDINGS 90367 528.00 MAINTE BUILDINGS
DUN001 DUNLAP LOCKSMITH, INC. 4330 MAINTENANCE OF BUILDINGS 90553 164.00 BUILDING MAINTE
HAND001 HANDI-HUT INC 4330 MAINTENANCE OF BUILDINGS 90268 1,158.00 MAINTE BUILDINGS
LOWES001 LOWES HOME CENTERS 4330 MAINTENANCE OF BUILDINGS 90619 139.97 MAINTE BUILDINGS
LOWES001 LOWES HOME CENTERS 4330 MAINTENANCE OF BUILDINGS 90472 42.56 MAINTE BUILDINGS
RICC001 RICCIARDI BROTHERS 4330 MAINTENANCE OF BUILDINGS 90217 275.33 MAINTE BUILDINGS
WAR001 WARSHAUER ELECTRIC SUPPLY CO.I 4330 MAINTENANCE OF BUILDINGS 90076 160.00 MAINTE BUILDINGS
WAR001 WARSHAUER ELECTRIC SUPPLY CO.I 4330 MAINTENANCE OF BUILDINGS 90177 126.66 MAINTE BUILDINGS
WAR001 WARSHAUER ELECTRIC SUPPLY CO.I 4330 MAINTENANCE OF BUILDINGS 90076 3.75 MAINTE BUILDINGS
WAR001 WARSHAUER ELECTRIC SUPPLY CO.I 4330 MAINTENANCE OF BUILDINGS 90076 216.19 MAINTE BUILDINGS
WWG001 W.W. GRAINGER, INC. 4330 MAINTENANCE OF BUILDINGS 90366 104.59 MAINTE BUILDINGS
WWG001 W.W. GRAINGER, INC. 4330 MAINTENANCE OF BUILDINGS 90366 33.30 MAINTE BUILDINGS
GEES001 GEESE CHASERS LLC 4350 GROUNDS MAINTENANCE 90086 515.66 GROUNDS MAINTEE
LOWES001 LOWES HOME CENTERS 4370 PURCH OF EQUIP & MACHINES 90472 735.00 MAINTE BUILDINGS
---------------
TOTAL PUBLIC BUILDINGS 5,448.31
BUDGET UNIT: 5601 PARKS & PUBLIC FACILITIES
NTE001 NORTHERN TOOL & EQUIPMENT 4230 MAINT MACHINES & EQUIPMEN 90420 98.64 MAINTE EQUIPMENT
SEA002 SEABOARD WELDING SUPPLY, INC. 4340 MAINT OF RECREATION AREAS 90343 88.55 MAINTE REC AREAS
PARPE001 PARTAC PEAT CORP 4350 GROUNDS MAINTENANCE 90399 2,643.00 MAINTE GROUNDS
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 26.54 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 33.75 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 23.94 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 5.96 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 41.97 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 7.98 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 4.29 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 29.44 GROUNDS MAINTE
MON002 MONMOUTH BUILDING CENTER R4350 RESERVE MAINT/BALLFIELDS 90503 3.06 GROUNDS MAINTE
---------------
TOTAL PARKS & PUBLIC FACILITIES 3,007.12
BUDGET UNIT: 5611 RECREATION
FOO001 SAKER SHOPRITES, INC. 4765 SPECIAL PROGRAMS 90154 33.43 SPECIAL PROGRAMS
JWP001 J.W. PEPPER & SON, INC. 4765 SPECIAL PROGRAMS 90473 84.99 SPECIAL PROGRAMS
JWP001 J.W. PEPPER & SON, INC. 4765 SPECIAL PROGRAMS 90473 470.00 SPECIAL PROGRAMS
---------------
TOTAL RECREATION 588.42
BUDGET UNIT: 6501 STREETS & ROADS
STAP003 STAPLES BUSINESS ADVANTAGE 4160 OFFICE SUPPLIES 90550 250.85 OFFICE SUPPLIES
ARC002 A. R. COMMUNICATIONS 4360 MAINT/COMMUNICATION EQUIP 90525 50.00 MAINTECOMM EQUIP
AMER004 AMERICAN WEAR 4420 UNIFORMS & MAINTENANCE 90253 4,625.05 UNIFORMS
CIN001 CINTAS CORP 4420 UNIFORMS & MAINTENANCE 90204 166.61 UNIFORMS
CIN001 CINTAS CORP 4420 UNIFORMS & MAINTENANCE 90204 176.87 UNIFORMS
CIN001 CINTAS CORP 4420 UNIFORMS & MAINTENANCE 90204 187.13 UNIFORMS
CIN001 CINTAS CORP 4420 UNIFORMS & MAINTENANCE 90204 193.42 UNIFORMS
LOWES001 LOWES HOME CENTERS 4630 STREET REPAIRS & MAINT 90517 308.62 STREET REPAIRS
STA001 STAVOLA CONTRACTING CO. INC. R4630 RES STREET REPAIRS/MAINT 83070 372.68 STREET REPAIRS
---------------
TOTAL STREETS & ROADS 6,331.23
BUDGET UNIT: 6511 MON. CTY. REC. CTR. FEES
MAR001 MARPAL DISPOSAL CO. 5150 TIPPING FEES 90567 751.74 TIPPING FEES
MAR001 MARPAL DISPOSAL CO. 5150 TIPPING FEES 90476 724.92 TIPPING FEES
MAR001 MARPAL DISPOSAL CO. 5150 TIPPING FEES 90439 185.73 TIPPING FEES
---------------
TOTAL MON. CTY. REC. CTR. FEES 1,662.39
BUDGET UNIT: 6514 SANITATION - APTS.
MAR001 MARPAL DISPOSAL CO. 5150 TIPPING FEES 90043 564.96 TIPPING FEES
---------------
TOTAL SANITATION - APTS. 564.96
BUDGET UNIT: 6521 CURRENT FUND
MAZ003 MAZZA & SONS, INC. 4520 SERVICES - PROF -CONTRACT 90444 126.35 SERV PROF CONTR
---------------
TOTAL RECYCLING - CONTRACTUAL 126.35
BUDGET UNIT: 6531 FUEL FOR MOTOR VEHICLES
3/11/09
Page 12
AOC001 ALLIED OIL LLC. 4190 GASOLINE & OIL 90544 3,033.95 GASOLINE
---------------
TOTAL FUEL FOR MOTOR VEHICLES 3,033.95
BUDGET UNIT: 6532 TELEPHONE
NJB001 VERIZON 4100 TELEPHONE 90562 414.71 TELEPHONE
BELL004 VERIZON WIRELESS 4101 CELLULAR TELEPHONE 90624 3,203.60 CELLULAR SERVICE
NJB002 VERIZON CABS 4102 CDPD/ACCESS CHARGES 90540 209.70 ACCESS CHARGES
---------------
TOTAL TELEPHONE 3,828.01
BUDGET UNIT: 6534 NATURAL GAS/HEATING OIL
NJN001 NJ NATURAL GAS CO. 4130 NATURAL GAS 90602 3,946.63 NATURAL GAS
---------------
TOTAL NATURAL GAS/HEATING OIL 3,946.63
BUDGET UNIT: 6535 WATER
NJAWC001 NEW JERSEY AMERICAN WATER 4110 WATER 90561 261.00 WATER
NJAWC001 NEW JERSEY AMERICAN WATER 4110 WATER 90560 233.26 WATER
NJAWC001 NEW JERSEY AMERICAN WATER 4110 WATER 90559 147.01 WATER
NJAWC001 NEW JERSEY AMERICAN WATER 4110 WATER 90558 110.76 WATER
---------------
TOTAL WATER 752.03
BUDGET UNIT: 6681 MECHANICAL GARAGE
EDW001 EDWARDS TIRE CO.INC. 4200 TIRES & BATTERIES 90101 -150.00 TIRES
EDW001 EDWARDS TIRE CO.INC. 4200 TIRES & BATTERIES 90520 308.00 TIRES
EDW001 EDWARDS TIRE CO.INC. 4200 TIRES & BATTERIES 90101 2,770.00 TIRES
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 13.86 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 58.53 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 18.95 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 19.60 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 7.16 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 13.78 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 14.99 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 23.86 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 59.13 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 36.97 MAINTE EQUIPMENT
NEP002 NEPTUNE AUTO SUPPLY,INC. 4230 MAINT MACHINES & EQUIPMEN 90209 13.12 MAINTE EQUIPMENT
SUPW001 SUPERIOR WEAR PRODUCTS 4230 MAINT MACHINES & EQUIPMEN 90396 1,078.43 MAINTE MACHINES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 9.13 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90518 592.64 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 10.23 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 4.72 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 169.25 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 90.99 MAINTE VEHICLES
F&C001 F&C AUTOMOTIVE SUPPLY 4250 MAINTENANCE OF VEHICLES 90212 79.99 MAINTE VEHICLES
NEP002 NEPTUNE AUTO SUPPLY,INC. 4250 MAINTENANCE OF VEHICLES 90402 489.15 MAINTE VEHICLES
NORM002 NORMAN AUTO GLASS 4250 MAINTENANCE OF VEHICLES 90456 221.01 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 35.30 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 -25.00 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 80.27 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 157.29 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 25.76 MAINTE VEHICLES
NORW001 NORWOOD AUTO PARTS 4250 MAINTENANCE OF VEHICLES 90210 76.06 MAINTE VEHICLES
NTE001 NORTHERN TOOL & EQUIPMENT 4250 MAINTENANCE OF VEHICLES 90400 84.55 MAINTE VEHICLES
ROY003 ROYER NORTHEAST SALES 4250 MAINTENANCE OF VEHICLES 90345 129.35 MAINTE VEHICLES
WER001 WERNER DODGE, INC. 4250 MAINTENANCE OF VEHICLES 90519 95.47 MAINTE VEHICLES
USL001 U.S. LUBES 4320 MECHANICAL GAR-OILS/LUBES 90455 1,114.35 OILS & LUBES
BOE001 EATONTOWN BOARD OF EDUCATION R4120 RESERVE ELECTRIC 90488 9,663.84 ELECTRIC SERVICE
F&C001 F&C AUTOMOTIVE SUPPLY R4250 RESERVE MAINT OF VEHICLES 90422 268.17 MAINTE VEHICLES
---------------
TOTAL MECHANICAL GARAGE 17,658.90
BUDGET UNIT: 7102 PERS - O/S CAPS
DOP002 PUBLIC EMPLOYEES' RETIREMENT S R5180 RES P.E.R.S. CONTRIBUTION 90659 4,051.47 PERS CONTRIB
---------------
TOTAL PERS - O/S CAPS 4,051.47
BUDGET UNIT: 7254 LOSAP - FIRST AID
LINC001 LINCOLN FINANCIAL ADVISORS R4765 PY RES SPECIAL PROGRAMS 90670 10,350.00 SPECIAL PROGRAMS
---------------
TOTAL LOSAP - FIRST AID 10,350.00
---------------
TOTAL CURRENT FUND 2,123,949.49
BUDGET UNIT: 0002 CAPITAL FUND
SCH001 T&M ASSOCIATES 7000 IMPROVEMENT AUTHORIZATION 81621 2,312.48 IMPROV AUTHOR
SCH001 T&M ASSOCIATES 7000 IMPROVEMENT AUTHORIZATION 83264 1,388.50 AUTH IMPROVE
---------------
TOTAL CAPITAL FUND 3,700.98
---------------
TOTAL CAPITAL FUND 3,700.98
BUDGET UNIT: 0011 Dog Trust Fund
NJSHD001 NEW JERSEY STATE VET HEALTH DE 4920 ANIMAL CONTROL 90584 497.40 ANIMAL CONTROL
---------------
TOTAL Dog Trust Fund 497.40
---------------
TOTAL Dog Trust Fund 497.40
BUDGET UNIT: 0012 DEVELOPER'S ESCROW TRUST
ANT002 GENE J. ANTHONY, ESQ. 1301 Contr.& Devel.Deposits 90691 400.00 DEV & CON DEP
---------------
TOTAL DEVELOPER'S ESCROW TRUST 400.00
---------------
TOTAL DEVELOPER'S ESCROW TRUST 400.00
3/11/09
Page 13
BUDGET UNIT: 0021 Miscellaneous Trust Fund
KALW001 MATTHEW KALWINSKY 1096 RES.FOR MISC.TRUST 90576 500.00 MISC TRUST
AHA002 AFFORDABLE HOUSING ALLIANCE 1301 Contr.& Devel.Deposits 90405 6,500.00 COAH TRUST
---------------
TOTAL Miscellaneous Trust Fund 7,000.00
---------------
TOTAL Miscellaneous Trust Fund 7,000.00
---------------
TOTAL REPORT 2,135,547.87
10. NEW BUSINESS AND SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COUNCIL
A. CONSENT AGENDA RESOLUTION
RESOLUTION APPROVING CONSENT AGENDA RESOLUTIONS, Items 1) through 11) excepting Item 8) to
be heard separately later.
WHEREAS, the following resolutions were submitted for approval on the Consent Agenda of 3/11/09. NOW,
THEREFORE, BE IT RESOLVED that all items are hereby approved and passed by the Mayor and Council of the
Borough of Eatontown.
1) Resolution to Approve Contract for Animal Control Services
2) Resolution to Enter into Shared Services Study, Trash
3) Resolution to Award Bid for Recycling
4) Resolution to Award Bid for Garbage Trucks
5) Resolution to Authorize Membership with Somerset County Cooperative Pricing System
6) Resolution to Approve Refund of Tax Overpayments
7) Resolution to Confirm Appointment to Economic Development Committee, Jerry Richter
9) Resolution to Authorize Reduction of Performance Bond and Cash Bond, Pine Brook Business Center
10) Resolution to Authorize Engineering Services for 2008 Road Program
11) Resolution to Authorize Engineering Services for Stormwater Management
(Offered by Councilwoman Rau, seconded by Councilman Connelly, and approved on a unanimous roll call vote)
---------------------------------------------------------------------------------------------------------------------------------------
RESOLUTION 70-2009 TO AUTHORIZE A CONTRACT BETWEEN KERRY ELLEN GOWAN AND THE
BOROUGH OF EATONTOWN FOR ANIMAL CONTROL SERVICES
WHEREAS, the Borough of Eatontown is in need of animal control services; and WHEREAS, Kerry Ellen Gowan
of 41 Ocean Avenue, Highlands, New Jersey 07732, a New Jersey Licensed Animal Control Officer since August
1990, is currently contracted with the Borough of Eatontown to perform these services; and WHEREAS, Kerry
Ellen Gowan has offered her services based upon a fee of $50.00 per call for the year 2009 and set forth more fully
in the contract prepared by the Borough Attorney, and on file in the Office of the Borough Clerk according to the
New Jersey State Records Retention Schedule established by N.J.S.A. 47:3-15 et seq., and approved by the State
Records Committee; and WHEREAS, a recommendation was made by George Jackson, Borough Administrator, at
the Council workshop meeting of 3/11/09, and after discussion and consideration, the Mayor and Council decided
by consensus to award said contract to Kerry Ellen Gowan; and WHEREAS, Lesley K. Connolly, Chief Financial
Officer of the Borough of Eatontown, has prepared and submitted a Certification of Availability of Funds for this
purpose dated March 11, 2009 , as follows: in the amount Eleven Thousand ($11,000.00) Dollars (not to exceed);
Appropriation - 0011-1115 Animal Control Trust Fund –$11,000.00. NOW, THEREFORE, BE IT RESOLVED,
by the governing body of the Borough of Eatontown that the Mayor and Borough Clerk are hereby authorized to
sign a contract for Animal Control Services for the year 2009 with Kerry Ellen Gowan, as prepared and approved
by the Borough Attorney.
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that sufficient uncommitted funds
in the 2009 Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $11,000.00 (not to exceed)
3/11/09
Page 14
Appropriation: 0011-1115 Animal Control Trust Fund –$11,000.00
These funds are sufficient to meet the contractual commitment providing for:
Animal Control Services for 2009
And are awarded to the following vendor:
Kelly Ellen Gowan
41 Ocean Avenue
Highlands, NJ 07732
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
RESOLUTION 71-2009 TO AUTHORIZE THE BOROUGH OF EATONTOWN 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 for new way to save taxpayer money in each participant's
respective community; and WHEREAS, as a result of these "Share Services 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 Council of the Borough of Eatontown of believes that it is in
the best interest of the citizens and taxpayers of the Borough of Eatontown to join the Joint Meeting known as the
"Central Jersey Council of Governments"; and WHEREAS, it has been requested that each government entity that
joins the Central Jersey Council of Governments pay the sum of Three Hundred Dollars ($300.00) to the Joint
Meeting as an initial membership fee to join the Central Jersey Council of Governments. NOW THEREFORE BE
IT RESOLVED that the Council of the Borough of Eatontown 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 Frank Cannella, Public Works Director, is hereby designated as the representative to the
Management Committee of the Joint Meeting known as the Central Jersey Council of Governments and that he
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 the Borough of Eatontown is authorized to
expend an amount not to exceed Three Hundred Dollars ($300.00) payable to the Central Jersey Council of
Governments and that Lesley K. Connolly, Chief Financial Officer of the Borough of Eatontown has prepared and
submitted a Certification of Availability of Funds for this purpose dated March 11, 2009 in the amount of $300.00
(Not to exceed); from the appropriation 1011-4430 A&E Dues & Memberships; and BE IT FURTHER
RESOLVED, that: 1. This Resolution shall be effective to the extent that it does not conflict with any applicable
laws or regulations; 2. A certified copy of this Resolution shall be provided to the Central Jersey Council of
3/11/09
Page 15
Governments.
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $300.00 (not to exceed)
Appropriation: 1011-4430 A&E Dues & Memberships
These funds are sufficient to meet the contractual commitment providing for:
Membership Fee
And are awarded to the following vendor:
Central Jersey Council of Governments
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
RESOLUTION 72-2009 TO AWARD A CONTRACT FOR RECYCLING TO REPUBLIC SERVICES OF NJ,
LLC, D/B/A/ MARPAL COMPANY
WHEREAS, bids for recycling services were reviewed and opened on February 11, 2009; and WHEREAS, the
Borough of Eatontown received the recommendation made by Frank Cannella, Public Works Director, in his
presentation to Mayor and Council at a workshop meeting of March 4, 2009 recommending that the bid be
awarded to Republic Services of NJ, LLC., D/B/A Marpal; and WHEREAS, Andrew Bayer, attorney for the
Borough of Eatontown, has reviewed bid documents and determined that all said documents are in order; and
WHEREAS, Lesley K. Connolly, Chief Financial Officer of the Borough of Eatontown has prepared and submitted
a Certification of Availability of Funds for this purpose dated March 11, 2009 in the amount of $35,250.00 (pro-
rated July-Dec. 2009) Base Contract $94,000 for the period 7/1/2009 – 10/31/2010 $5,875 per month; from the
appropriation 6521-4520 Recycling Services – Professional Contracts; and WHEREAS, all supporting
documentation is on file in the Office of the Borough Clerk according to the New Jersey State Records Retention
Schedule established by N.J.S.A. 47:3-15 et seq. and approved by the State Records Committee. NOW,
THEREFORE BE IT RESOLVED that the governing body of the Borough of Eatontown hereby authorizes the
contract for recycling services for the period of 7/1/09 through 10/20/2010 be awarded to Republic Services of NJ,
LLC, D/B/A Marpal P.O. Box 188, Lincroft NJ 07738, the lowest bidder submitting a bid to the Borough of
Eatontown in the amount of $94,000.00. BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are
hereby authorized to execute a contract prepared by and/or reviewed and approved by Andrew Bayer, attorney for
the Borough of Eatontown.
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A: 4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
3/11/09
Page 16
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $35,250.00 (pro-rated July-Dec. 2009)
Base Contract $94,000 for the period 7/1/2009 – 10/31/2010
$5,875 per month
Appropriation: 6521-4520 Recycling Services – Professional Contracts
These funds are sufficient to meet the contractual commitment providing for:
Collection of Recyclables
And are awarded to the following vendor:
Republic Services of New Jersey, Inc.
DBA Marpal Company
PO Box 188
Lincroft, NJ 07738
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
This is a 16 month contract covering the period 7/1/2009 – 10/31/2010. It is further certified that sufficient
appropriations will be made in the 2010 Municipal Budget
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
RESOLUTION 73-2009 TO AWARD CONTRACT FOR (2) 2009 OR NEWER PETERBILT MODEL 320
AUTOMATED REFUSE TRUCKS
WHEREAS, bids for (2) 2009 or Newer Peterbilt Model 320 Right Hand Drive Cab to be Equipped with a
Sideloading Automated Refuse Body or Equivalent were reviewed and opened on January 28, 2009; and
WHEREAS, the Borough of Eatontown received the recommendation made by Frank Cannella, Public Works
Director, in his presentation to Mayor and Council at a workshop meeting of March 4, 2009 recommending that the
bid be awarded to Detcon, P.O. Box 2249, Farmingdale, NJ 07727; and WHEREAS, Andrew Bayer, attorney for
the Borough of Eatontown, has reviewed bid documents and determined that all said documents are in order; and
WHEREAS, Lesley K. Connolly, Chief Financial Officer of the Borough of Eatontown has prepared and submitted
a Certification of Availability of Funds for this purpose dated March 11, 2009 in the amount of $437,220.00 (Not
to exceed); from the appropriation: 0024-8405 MCIA Pooled Lease Program and Bond Ordinance: 09-1 –Purchase
of Automated Refuse Truck; and WHEREAS, all supporting documentation is on file in the Office of the Borough
Clerk according to the New Jersey State Records Retention Schedule established by N.J.S.A. 47:3-15 et seq. and
approved by the State Records Committee. NOW, THEREFORE BE IT RESOLVED that the governing body of
the Borough of Eatontown hereby authorizes the contract for (2) 2009 OR NEWER Peterbilt Model 320 Right
Hand Drive Cab to be Equipped with a Sideloading Automated Refuse Body or Equivalent be awarded to Detcon,
P.O. Box 2249, Farmingdale, NJ 07727, the lowest bidder submitting a bid to the Borough in the amount of
$437,220.00. BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to execute
a contract prepared by and/or reviewed and approved by the Andrew Bayer, attorney for the Borough of Eatontown.
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
3/11/09
Page 17
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $437,220.00 (not to exceed)
Appropriation: 0024-8405 MCIA Pooled Lease Program
Bond Ordinance: 09-1 – Purchase of Automated Refuse Truck
These funds are sufficient to meet the contractual commitment providing for:
(2) Peterbilt Model 320 Automated Refuse Trucks
And are awarded to the following vendor:
Detcon
PO Box 2249
Farmingdale, NJ 07727
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
RESOLUTION 74-2009 TO APPROVE MEMBERSHIP IN THE SOMERSET COUNTY COOPERATIVE
PRICING SYSTEM
WHEREAS, the Borough of Eatontown desires to become a member of the Somerset County Cooperative Pricing
System, #2-SOCCP, effective March 11, 2009 and that such membership shall be for a period ending December 31,
2013, and each renewal, thereafter of the system, unless the Borough of Eatontown elects to formally withdraw
from the system. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk are hereby
authorized to execute the agreement with Somerset County Cooperative Pricing System for such membership,
which is on file in the Office of the Borough Clerk according to the New Jersey State Records Retention Schedule
established by N.J.S.A. 47:3-15 et seq. and approved by the State Records Committee.
RESOLUTION 75-2009 TO AUTHORIZE REFUND OF OVERPAID PROPERTY TAXES
WHEREAS, the Tax Collector has forwarded to the Borough of Eatontown, a list of taxes which are overpaid, and
has recommended that the same be refunded; and WHEREAS, in accordance with N.J.S.A. 54:4-68, there are
provisions for the Borough of Eatontown to make adjustments with respect to overpaid taxes. NOW THEREFORE
BE IT RESOLVED by the Governing Body of the Borough of Eatontown that the following taxes are hereby
refunded based upon the recommendation of the Tax Collector:
BLOCK LOT NAME REASON AMOUNT
1001 14 MICHAEL HUGHES SC & VET $ 500.00
1001 14 ANNETTE SELTZER SENIOR $ 250.00
1001 14 JOSEPH PICARD VETERAN $ 250.00
1001 14 DANIEL GALLOP SC & VET $ 500.00
1001 14 RITA STONE SENIOR $ 250.00
1001 14 ALBIN JORDAN VETERAN $ 250.00
1601 29 LUCILLE POLISENO SENIOR $ 250.00
1601 29 HELEN PRIDE VETERAN $ 250.00
1602 1 HELEN GALLUP VET & SSP $ 500.00
1602 1 LOUIS LERNER VETERAN $ 250.00
3/11/09
Page 18
1602 1 LOUIS MASSARO VETERAN $ 250.00
1603 1 MARGARET MASSARO VETERAN $ 250.00
1602 1 RICHARD H. SWANSON VETERAN $ 250.00
1001 14 BRETT R. MILLERING DISABLED $ 250.00
1602 1 CARLOS R. FRIAS VETERAN $ 250.00
TOTAL $4500.00
RESOLUTION 76-2009 TO CONFIRM APPOINTMENT TO THE ECONOMIC DEVELOPMENT
COMMITTEE
WHEREAS, the Borough created the Eatontown Economic Development Committee as an advisory committee for
purposes of addressing the economic development needs of the Borough and advising the Borough Council of
actions the Council may undertake to assist in the economic development of the Borough, while serving as a liaison
between the Borough and businesses and industries within the Borough, as well as to prospective businesses and
industries in the Borough, and to enhancing economic growth within the Borough of Eatontown; and WHEREAS,
pursuant to § 7-75(A) of the Code of the Borough of Eatontown (“the Code”) the Mayor, with the advice and
consent of the Borough Council, shall appoint a minimum of 11 regular members to the Committee based upon title
and geographic distribution within the municipality, serving for one-year terms, plus four ex-officio and nonvoting
members, which shall consist of the Manager of Monmouth Mall, the Chairman of the Industrial Way Association,
the Eatontown Borough Administrator and an Eatontown Borough Council liaison; and WHEREAS, pursuant to §
7-75(C) the Code, the Mayor, with the advice and consent of the Borough Council, may supplement the basic
Committee with individuals expressing interest in the objectives of the Committee, giving them participation rights
but not voting rights. These members will be classified as "alternate" Committee members. Alternate Committee
members are capable of voting when a regular member is absent from a meeting. Alternate Committee members
shall be numbered to determine priority of voting in lieu of regular members who are absent from meetings. NOW,
THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Eatontown hereby confirms the
following mayoral appointment to the Economic Development Committee, for the one year unexpired term
beginning February 25, 2009 and ending December 31, 2009:
MEMBER, ALTERNATE, #2 INDUSTRIAL WAY WEST, JERRY RICHTER, 12 CHRISTOPHER WAY,
EATONTOWN, NJ 07724
RESOLUTION 78-2009 TO AUTHORIZE THE REDUCTION OF THE PERFORMANCE BOND AND CASH
BOND FOR THE PINE BROOK BUSINESS CENTER CONSTRUCTION PROJECT, BLOCK 802, LOTS 2 & 3
IN THE BOROUGH OF EATONTOWN
WHEREAS, in accordance with the New Jersey Municipal Land Use Law, the Borough of Eatontown received a
request for the reduction of the Performance Bond and Cash Bond being held by the Borough for the Pine Brook
Business Center construction project, Block 802, Lots 2 & 3; and WHEREAS, the Mayor and Borough Council
have received and reviewed a report and bond estimate from Birdsall Engineering, the Borough Engineer, dated
January 29, 2009, copies of which are attached hereto and made a part hereof; and WHEREAS, the Engineer’s
Report recommends a reduction in the current Performance Bond and Cash Bond to thirty (30) percent of the bond
amount being held by the Borough subject to the payment of all fees required; and WHEREAS, the Borough
Council now desires to take the following action regarding the aforesaid Performance Bond and Cash Bond. NOW,
THEREFORE, BE AND IT IS HEREBY RESOLVED by the Borough Council of the Borough of Eatontown that
the Performance Bond and Cash Bond for the Pine Brook Business Center construction project, Block 802, Lots 2
& 3 shall be reduced as follows:
1. The Performance Bond in the original amount of $274,608.00 shall be reduced by $192,225.60, so that the
amount to remain shall be $82,382.40; and
2. The Cash Bond in the original amount of $30,512.00 shall be reduced by $21,358.40, so that the amount to
remain shall be $9,153.60; and
BE IT FURTHER RESOLVED that the above reductions shall be subject to the payment of all fees required.
Borough of Eatontown January 29, 2009
47 Broad Street Job No. 2-60446-110006
Eatontown, New Jersey 07724
3/11/09
Page 19
Attn: George Jackson, Borough Administrator
Re: Pine Brook Business Center
Block: 802, Lots: 2 & 3
132 Lewis Street
Permit # 08-0409
Dear Mr. Jackson:
In accordance with a recent request our office has performed a site observation of the above captioned project
relative to a reduction of Performance Guarantees.
We herewith recommend that the Performance Bond for the above-reference project be reduced to thirty percent
(30%). Although the remaining cost is less than thirty percent of the original performance guarantee the Borough
may grant a reduction to thirty percent, in accordance with the Municipal Land Use Law, until all of the
improvements are complete.
Original Bond Reduction New Bond
Amount Amount (70%) Amount (30%)
Performance Guarantee: $305,120.00 $213,584.00 $ 91,536.00
Surety: $274,608.00 $192,225.60 $ 82,382.40
Cash: $ 30,512.00 $ 21,358.40 $ 9,153.60
Any reduction of said Guarantees should be contingent upon the payment of all outstanding fees. Should you have
any questions or require additional information, please feel free to contact my office.
Should you have any questions or require additional information, please do not hesitate to contact this office.
Very truly yours,
BIRDSALL ENGINEERING, INC.
David W. Burns, P.E.
Principal Construction Manager
DWB:dm
cc: Tim Henry, Provident Investors
Karen R. Siano, Borough Clerk
James A. Priolo, P.E., Borough Engineer
Corey Germano, Construction Manager
RESOLUTION 79-2009 TO RESCIND RESOLUTION 224-2008 AND TO AUTHORIZE BIRDSALL
ENGINEERING, INC. TO PERFORM PROFESSIONAL SERVICES NECESSARY FOR 2008 ROAD
PROGRAM
WHEREAS, the Borough of Eatontown had authorized T&M Associates to perform professional services necessary
for the 2008 Road Program for the fee of not to exceed $39,400.00, by Resolution 224-2008 on November 5, 2008;
and WHEREAS, after conducting a fair and open competitive procurement process in accordance with applicable
law, on January 1, 2009, the Borough of Eatontown appointed James Priolo of Birdsall Engineering, Inc. (“BEI”) to
serve as the Borough Engineer for calendar year 2009; and WHEREAS, as Borough Engineer, BEI provides a
variety of professional services to the Borough which are authorized on a project-by-project basis; and WHEREAS,
BEI has provided a proposal for services for the 2008 Road Program in the amount $38,000,a copy of which is
attached hereto and made a part hereof, and which was presented to Mayor and Council at the workshop meeting of
March 4, 2009; and WHEREAS, after discussion and review of said proposal, the consensus of the Council was to
authorize BEI to provide these services. WHEREAS, Lesley K. Connolly, Chief Financial Officer of the Borough
3/11/09
Page 20
of Eatontown has prepared and submitted a Certification of Availability of Funds for this purpose dated March 11,
1009 in the amount of $38,000.00 (not to exceed) from the appropriation: Ordinance 08-3 – 2008 Road Program.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Eatontown that Resolution
24-2008 authorizing T&M Associates to perform services for the 2008 Road program is hereby rescinded; and BE
IT FURTHER RESOLVED that Birdsall Engineering, Inc. is hereby authorized to provide the professional services
necessary for the contract administration/inspection services for the 2008 Road Program at a cost of not to exceed
$38,000.00.
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $38,000.00 (not to exceed)
Ordinance: 08-3 – 2008 Road Program
These funds are sufficient to meet the contractual commitment providing for:
Contract Administration/Inspection services for the
2008 Road Program
And are awarded to the following vendor:
Birdsall Engineering, Inc.
611 Industrial Way West
Eatontown, NJ 07724
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
RESOLUTION 80-2009 TO AUTHORIZE BIRDSALL ENGINEERING, INC. TO PERFORM 2009
MUNICIPAL STORMWATER PERMITTING SERVICES
WHEREAS, the Borough of Eatontown is required to achieve compliance with the New Jersey Pollutant Discharge
Elimination System Tier A Municipal Stormwater Permit for 2009; and WHEREAS, after conducting a fair and
open competitive procurement process in accordance with applicable law, on January 1, 2009, the Borough of
Eatontown appointed James Priolo of Birdsall Engineering, Inc. (“BEI”) to serve as the Borough Engineer for
calendar year 2009; and WHEREAS, as Borough Engineer, BEI provides a variety of professional services to the
Borough which are authorized on a project-by-project basis; and WHEREAS, BEI has submitted a proposal in the
amount of $28,350.00, a copy of which is attached hereto and made a part hereof, to offer services to assist the
Borough in this matter, and which was presented to Mayor and Council at the workshop meeting of March 4, 2009;
and WHEREAS, after discussion and review of said proposal, the consensus of the Council was to authorize BEI to
provide these services. WHEREAS, Lesley K. Connolly, Chief Financial Officer of the Borough of Eatontown has
prepared and submitted a Certification of Availability of Funds for this purpose dated March 11, 1009 in the
amount of $28,350.00 (not to exceed) from the appropriation 6538-4640 – Storm water Management. NOW,
THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Eatontown that Birdsall
Engineering, Inc is authorized to provide 2009 Municipal Stormwater Permitting Services in the amount of
3/11/09
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$28,350.00 (not to exceed).
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $28,350.00 (not to exceed)
Appropriation: 6538-4640 – Storm water Management
These funds are sufficient to meet the contractual commitment providing for:
Storm water permitting services
And are awarded to the following vendor:
Birdsall Engineering, Inc.
611 Industrial Way West
Eatontown, NJ 07724
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
8) Resolution to Authorize Engineering Services for Zoning Services (offered by Council President Schiels and
seconded by Councilwoman Forbes)
Discussion (verbatim)
MAYOR TARANTOLO: I have some comments. Let me preface first, we did this in closed session, we got this
proposal the same night, we didn’t have any time to really review it in any kind of detail. So essentially we had a
general discussion in closed session on the proposal with the understanding that we could at least have an open
discussion in the public domain on the resolution. I have a couple of items that I would like to bring to the
Council’s attention. The proposal from Birdsall essentially is offering professional services, a one licensed
professional engineer/planner for ten hours per week to perform the function of the zoning office. The proposal
indicates that for forty hours per month, they would be paid $4,800 per month and the contract or proposal would
be for a three month period, which totals out to $14,400. When you look at that on a per hour cost, it would cost us
$120 per hour for that service. Those are my calculations, and I would be willing to share with any member of
Council the numbers that I’ve come up with. What I did is I now looked at our current arrangement for these
services. Peggy Ciok, our zoning officer, I looked at her salary and I also looked at her benefits, and essentially I
came up with an hourly rate, a loaded hourly rate, and let me tell you what I mean by loaded. That means what it
costs to the Borough of Eatontown, namely her salary and all of the benefits that she gets as an employee of the
Borough. Looking at those numbers and this is not a part-time arrangement, this is a full-time arrangement, as
compared to the part-time arrangement of the Birdsall proposal. The loaded hourly salary for her services was
$54.00 per hour, it represents roughly, by going with the Birdsall arrangement, a 181% increase in that function
that’s currently being performed. So I can draw from the conclusion of my analysis that the Council’s action was
not fiscal because the numbers essentially indicate that by maintaining the current arrangement, we can do it for a
far less costly dollar amount. Andy, I have to say that I still question the executive session rationale for contract
negotiations. I tried to really look at the proposal and tried to fit it into that window and I still have problems with
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it. I think it was inappropriate for executive session. Forget that for the moment. The proposal presented by
Birdsall indicates, and that’s item two in the proposal, it said time for staff support to process development projects
and that’s what they were proposing to do, and they say that they may be billed to escrow accounts. If you look at
the land use law, 40:55D-53.2, it says that no municipal clerical or administrative functions could be handled that
way. So by moving based on the Birdsall proposal, we would be in violation of the land use law. Again, I have to
come to the conclusion that this is not a fiscal decision, but rather it’s based on a biased decision. And I hate using
that term but I have to be honest, that’s what I think it really is, a biased decision. I think some members of Council
had gotten some hearsay complaints about the way that office was being run, and came to some conclusions that the
time was right that we made some changes. I totally disagree with that position. When you look at the reaction that
currently is in progress on us ceasing to have this individual perform the function of zoning officer, we have
resolutions from two boards that deal with her three nights a month. Through their resolutions, they are supporting
Peggy Ciok in that position. These are the individuals that recognize the merits of her actions and her performance.
I think that certainly is one facet that this Council should truly take into account, the fact that the individuals that
work directly with our zoning officer and our secretary to the zoning board of adjustment and the planning board
feel that this is not a wise move on the part of the Council. When this was first discussed, I felt that we have an
employee that’s been with the Borough for 33 years, and has performed admirably during those 33 years. We never
sat the individual down and discussed with her her performance, we haven’t done a performance evaluation. I
suggested that before we take any action that the proper strategy would be to at least do a performance evaluation
of the way she handles that office. The general consensus was we didn’t want to do this. I feel that that’s not the
proper way to handle our personnel. If we take this action tonight, what kind of a message are we sending the rest
of our employees? This is really a morale problem because it tells the other employees in fact the 22 other
positions that we were to approve on January 1 that nothing is sacred, that at any time the Council could take this
kind of action in a biased way and essentially their job could be in jeopardy at any time. We never got any kind of
a recommendation from our business administrator on this particular position. Typically the business administrator
handles personnel. In fact, we went through a great effort to reorganize the Borough, and we did that October,
George?
MR. JACKSON: The entire year we spent doing it. I don’t know when the final was approved.
MAYOR TARANTOLO: Essentially we reorganized the building department and we thought that any problems
that may be there would be corrected by this reorganization. We haven’t given the reorganization time to take and
we’re now making a move that essentially terminates an individual who has over 33 years of employment here in
the Borough. I’m appealing to your compassion. This is not the way to do business. I’m asking you not to take
this action tonight. We’ve got to discuss this and we’ve got to grant Peggy Ciok the courtesy of evaluating her
situation and giving her an opportunity to defend herself in either a closed session or whatever. She’s never been
served with a Rice letter, which is the correct way to handle a personnel problem, and that never has taken place.
And so I feel that the Borough would truly put itself in a compromising situation by taking action tonight on this
proposal to terminate her and bringing in a professional engineering firm to perform that function. That’s where
I’m coming from. I’m hoping that we’ll see the rhyme and reason of what we’re potentially getting into here. I
think we’ve got to look at this in more detail, and we’ve got to get back on track. I think we’re doing a disservice
to the residents of Eatontown. For as many complaints that you claim we’ve had against her, I could probably
produce double that number in accolades for this individual. She’s respected by the legal entities that are
represented at planning board and zoning board meetings. She’s gained a reputation not only here in Eatontown but
through other towns for her expertise and her professionalism, and I will truly admit that on occasion there may be
some personality issues, I’m not going to deny that. But when you strictly look at job performance, doing your job,
we couldn’t find a better employee than Peggy Ciok. So I promised that I would open this part of the meeting to
the public, if the public has any comments, or wants some more detail based on what I’ve done, I would be happy
to provide it to you. Also that applies to the members of Council. If you want to see my numbers and challenge
them, they’re here. I’ve got my worksheets with me, and I’d be happy to share them with you. All right, is there
any comment from the public?
MS. BRESLOW: Sara Breslow, 11 Lake Drive. First off, I just wonder how this came to be and the question is
what other towns does Birdsall serve in this capacity?
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COUNCIL PRESIDENT SCHIELS: As far as I know, none.
MR. BAYER: John, actually that’s not true, Tinton Falls. They do that in Tinton Falls right now.
COUNCIL PRESIDENT SCHIELS: Tinton Falls.
COUNCILMAN CONNELLY: And Brielle.
MS. BRESLOW: First off I think it’s pretty terrible that it didn’t go out to bid if you were going to do this.
Secondly, if you do it I think Birdsall has a distinct conflict of interest. It’s entirely likely that a decision that they
make or enforce will enforce on one of the many projects they could be involved in or would like to be involved in.
Thirdly, it’s a benefit to have an employee who gets to know our people and our neighborhoods versus a Birdsall
employee of the day who may be any number of inspectors or change jobs or have loyalty to Birdsall. It’s a
corporation whose prime goal is profit not the best interest of the people of Eatontown whereas a Borough
employee would act independently. Also it is part-time from what the Mayor just said which is going to result in a
delay in projects and a backlog of inspections. I see no way that you’re going to replace a 40 a hour a week
employee or 37 and half, whatever it is, with a ten hour a week. I haven’t seen this Republican majority back down
off of any positions regardless of how bad it is. This gang mentality seems to be detrimental to the well being of
the people of Eatontown and what’s amazing is that there was no discussion from any of you, and it had to start
with you. None of you have the guts to stand behind your decision. No discussion. You're presenting an entire
change, how did Birdsall come to do this? It didn’t just happen and to decide to change how the Borough does
business without any of you standing up, just shocking.
MAYOR TARANTOLO: Anyone else?
MR. TALERICO: I guess my question would be first of all when the stormwater management came up and the
road program, Birsdall was there. They had their pretty charts, everyone asked questions, people were really
involved, and I guess the attorney said it would have been your discretion to have this Peggy policy in open session
as well. Were you aware of that, knowing now what you know, would you have had this in open session? Were
you advised that you should do this in closed session? Because I find that ironic that all these modifications or
individual contracts that are given to Birdsall, which was fine, the stormwater and the road program, that’s perfectly
fine in open session, but when it comes to destroying someone’s career after 33 years or 32 years, and with really
no thought involved for some type of political reason, I just think the least you could do is talk about it publicly.
This is a bad decision and even things that we’ve disagreed on or agreed on, I’ve always advocated the process.
The process is what’s important. What you’re saying now is this is the process that we’re going to do. That’s
absolutely disrespectful and it’s terrible. I can’t even believe that people would consider this to be acceptable. She
was a goner as soon as you guys won the majority, we knew that in November. We understand that. I went ahead
and submitted an OPRA request trying to see if she was discussed in 2008. There’s a few redacted items, I
guarantee when they get cleared up, she never would have been discussed in any closed session minutes. I have an
OPRA request for January and February, I guarantee you she wasn’t discussed, but out of the benefit of the doubt,
let’s pretend that maybe something does show up retroactively in the minutes. But I can’t believe that you guys
actually think that this is appropriate. You know, you campaigned as a small business owner, you know all the
skills that it takes to run a successful…I have it here somewhere…a successful business in our challenging
economy, you said in the Atlanticville. Isn’t planning one of the skills? I mean, why on the 11th of March are we
getting rid of someone and then bringing in someone for another three months? If you hated her so much, if you
thought this was so bad, you guys could have said in January, look, she’s gone in March, we’ve got to figure out
what we’re going to do, let’s start planning this, let’s meet with the zoning office, let’s see what they want to do,
let’s have something where we could figure out how we’re going to move forward, but we didn’t. We in closed
session we had this conversation and her career is pretty much in your hands right now. I don’t envy your position,
although I wish I was there to not make the terrible decision that you’re about to make. It’s absolutely
disrespectful, and I know you’re doing your budget process, Mr. Schiels, with all due respect, I think you should
budget the lawsuits and extra legal fees, because if this town violates the Open Public Meetings Act as much as
they do, you’re going to have a lot of time in court. I just think it’s really a terrible process. You have the majority,
whatever you want will happen anyway. Throw us a bone, talk about it in public, and then do what you want. All
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we want is a bone, that’s all, so we can hear you talk about it. But to have this handed to you at the beginning of
the meeting, no one talks about it, Birdsall is not even there to answer your questions, so if you had questions, I
don’t know who you would talk to, or were they there in closed session, I don’t know. So if you had questions,
who did you ask? If there were no questions, that’s pretty good, you guys write a two page piece of paper and you
figured out exactly what you wanted to do, yet the stormwater which has been talked about for months, you guys
had plenty of questions. The road program has been talked about for a while, you guys had questions. This just
went right on through. It’s a terrible decision. When you decided that you were going to jeopardize the janitors,
Ms. Rau, you know you broke away from your party. Fantastic, we all applaud you for that. I’m asking you to do
it again. I’m asking someone else, I hope I can count on Mr. Davis like we did for the janitors as well, and one of
the four of you. Go ahead, put it in the Mayor’s hand and let him break a tie. Let’s have something different here.
You ran against the Democrats, they’re so secretive, everything is behind closed doors, oh, the Mayor, he keeps his
secrets, no one talks to the public, and look what you’re doing. You kept the reassessment in closed doors, that
shouldn’t have been. That decision was a joke, so tangential to say potential litigation so we’ll put it in closed
session and here are contract negotiations. Well I want every single time Birdsall to come in and talk about a
contract. Nope, can’t talk about it, closed session. You can’t just pick and chose. This is a woman’s career. If this
were your mother, your daughter, you would think this is terrible. You want to get rid of her, do that, but at least
have the courtesy to discuss this publicly. Okay? Fourteen thousand of us can’t sit here, we count of you to be
transparent. Thank you.
MR. SOHL: Carl Sohl, 381 Grant Avenue. Mayor, I guess we’re heard from you as to what you’re feeling on it. I
don’t know whether anybody else wants to talk about it because you were the people that actually had the
opportunity to speak behind closed doors. Maybe there’s been something that can come out now. Is there anybody
who feels comfortable to speak about it as to why this program will be beneficial to the town when it appears in fact
that it’s going to cost us more money?
COUNCILWOMAN RAU: Carl, I can say that I don’t feel very comfortable talking about our zoning officer out in
public without her being here. Just like we’re not allowed to do that in closed session because her name is being
used. We’re talking about a zoning officer appointment and that’s where closed session comes in.
MR. SOHL: I’m not talking about that, I’m talking about actually how bringing Birdsall in is going to make it
better. Forget her, she doesn’t exist.
COUNCILWOMAN RAU: Well that’s not true, she does exist and her name has been thrown out here all over the
place. I’m just simply saying I personally am not going to comment tonight on anything concerning this only
because I don’t feel comfortable and I don’t even know if it’s legal to be using her name this way.
MR. SOHL: Right, and I respect that, but what I’m saying is, forget her, but I’m just saying as far as how this is
going to make the town better by having Birdsall come in and do this job that has to be done. How is this?
Somehow Birsdall came in here and sat down with you people behind closed doors and explained to you, I guess
that’s how it occurred, how this is going to be a better program. I mean that’s what I don’t quite understand.
Mayor, I know you’ve explained it, but you’re opposed to it. I was wondering how those who are probably going
to vote in favor of it felt this is a good deal for the town; how this is going to save us money when in fact it doesn’t
appear to. And some of this is ethics.
COUNCIL PRESIDENT SCHIELS: The reality is about money, Carl. I mean if you want to go to hourly rates,
but if you want to compare a time frame and a time frame, Birdsall cost $14,000; if you look at the salary of the
zoning officer without benefits, over that same three month period, that’s $19,000. So there is a savings. Overall
savings if you look at time spent over 3 months. So that was looked at, there were a lot of factors looked at in this
and the feeling is that we’re looking at the betterment of the Borough in the future.
MR. SOHL: Does that mean then going back to this person, does that mean that we can handle this on a part-time
basis if this job can be done for 40 hours?
COUNCIL PRESIDENT SCHIELS: I can’t answer that sitting here, that’s what we want to find out.
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MR. SOHL: I mean there’s a lot of ethics here. We’ve just had a 3,500 word ordinance put in, I understand the ten
commandments are something like about 60 words, but here we’ve got 3,500 words of ordinance on this thing
about ethics, and it just seems to me that with good clean ethics we would be able to feel comfortable with what
we’re doing here and explain why we feel this is good for the town. And I’m not getting a comfortable feeling
from anybody up here why this is going to be good for the town. Thank you.
COUNCIL PRESIDENT SCHIELS: A lot of the conversations go into the personnel jacket and you know under
the laws we can’t discuss that and that’s what holding us back. There’s never been a request for a meeting with the
Council, there’s never been a request for Rice.
MAYOR TARANTOLO: Wait, I made that request, and it was denied. I made a request through an internal
memorandum to our business administrator, copied the borough attorney, requesting that she be served with a Rice
letter and that her situation be discussed in closed session. That’s a fact. And I was denied.
COUNCIL PRESIDENT SCHIELS: Denied by?
MAYOR TARANTOLO: We sat in closed session, I suggested it and the argument was that you didn’t
recommend it because it could lead to litigation and that we were better off not even raising the issue. I thought
that was unethical.
COUNCILWOMAN RAU: Mayor, I recall you mentioning to the Borough Administrator…
MAYOR TARANTOLO: Right, I have a copy of the memorandum.
COUNCILWOMAN RAU: But you said you were going…
MR. BAYER: Vicky, one second. I just caution Council and Mayor that we shouldn’t be discussing what we are
discussing in closed session about what was presented or not presented. I mean I think the Council President’s
point was a little different with what the Mayor was saying to the extent that I think the Council President’s point
was that the employee had not requested a meeting with Council, but you did, Mayor, that’s true, but I think there is
a distinction. That’s all.
COUNCILWOMAN RAU: Thank you.
MR. LEWIS: Ted Lewis, 227 Wyckoff Road, I wanted to come tonight for this particular issue because I wanted to
discuss the question of fairness to a municipal employee and what I see as a serious conflict of interest issue on the
Council. But before I get to that, I have been a public employee in various towns. I’ve been an elected official for
30 years; when did a Rice notice become an optional matter? Let me put it another way, does the municipality still
have a labor lawyer?
MAYOR TARANTOLO: Yes.
MR. LEWIS: Is it still Jamie Plosia?
MAYOR TARANTOLO: Yes.
MR. LEWIS: Has this been run past Mr. Plosia?
MR. JACKSON: Yes.
MR. LEWIS: And he agrees that you didn’t have to send a Rice letter?
MR. JACKSON: Correct.
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MR. BAYER: Sir, the Council didn’t discuss that. A Rice notice goes when you’re discussing the terms and
conditions of employment; there was no discussions about that specifically. There were discussions concerning the
position, not the employee.
MR.LEWIS: That’s a distinction without a difference, in my opinion. But let me just say Ms. Ciok has been
with the Borough apparently over 30 years as I’ve heard. She was here the entire time I was on the Borough
Council. I did receive complaints about Ms. Ciok, but let me explain something to you. I served as a part-time
zoning officer in the Borough of Matawan, the Borough of Monmouth Beach, and the Borough of Sea Bright. The
three of them added together wouldn’t equal Eatontown, and the thought that you can do Eatontown in ten hours is
silly. I used to spend 6, 7, 8 hours a week in Sea Bright which is probably one tenth the Borough of Eatontown in
terms of business and activity. But being the zoning officer, the job is essentially you are constantly telling people
no, you can’t do what you want to do with the property that you already own. That’s not going to make you
friends, it never makes anybody friends, but Ms. Ciok did that over the years. Granted we got complaints,
everybody got complaints, and every year whether it was a Democratic administration or a Republican
administration, she would be reappointed every year for 30 years. And I think it’s unrealistic now to suddenly say
something has changed in this environment that all of a sudden she is going to be sent down the road after all this
time. The other thing that I wanted to talk about is conflict of interest. The most dramatic conflict of interest I’ve
ever seen in Eatontown was in 1982 when 5 other Republicans decided to fire the borough administrator so that one
of those 5 Republicans could have his job. But that didn’t go over real well with the population of Eatontown, and
that was the end of that particular Republican group, by the way. Of the complaints that I received over the years
about Peggy Ciok, and I suspect each one of you, well those that have been around long enough to have some of
this experience know, the most vociferous, the most constant and even the most vulgar complaints directed at Ms.
Ciok came from one individual, and you know who that is, Dennis, it’s your partner Richard, and I think that the
idea that Mr. Jones owning many businesses in town in constant conflict with Ms. Ciok, when his friend and
business associate is elected to the Borough Council and suddenly Ms. Ciok is gone, I think you have to question
the appropriateness of that, and really think you need to look at this a lot more seriously.
COUNCILMAN CONNELLY: Well, thank you, Mr. Lewis, for your vote of confidence, we’ve been friends for
years, I thought. If I wasn’t able to do a fair decision, I wouldn’t vote. I was on state pension board, which you
know, because I helped you out, but if I can’t do a fair decision, I would recuse, but I don’t have to recuse in this
matter, because I can do a fair decision. Thank you very much.
MR. LEWIS: Dennis, I agree we’ve been friends for a long time, but in this particular case, I think you ought to be
ashamed of your self.
COUNCILMAN CONNELLY: Well, I think you should be ashamed of yourself because one thing is, as you
know, Mr. Jones is a Democrat, and he’s been giving to your party for several years.
MR. LEWIS: I don’t care what he is.
COUNCILMAN CONNELLY: Well, you want to bring up parties, and you want to bring up conflicts. I’ve been
elected through the GOP, and that is true. We’re friends. He has no influence on me on this Council seat. I’ve
never discussed with him about Council information, especially the stuff that’s behind closed doors or anything
else, and I can make a fair decision. I did it for 25 years on the police department, and I’ll do it here. I was elected
to one of the highest positions on the pension board and I’ve never had a problem. So I feel good about myself, so
thank you.
MR. LEWIS: Thank you.
MRS. TARANTOLO: Hi, I’m Patricia Tarantolo, 230 Grant Avenue. I was absolutely not going to be speaking
tonight, I was just going to sit and listen, but Vicky, I was really taken aback by your comment that you said you
couldn’t discuss Peggy Ciok. You didn’t feel that it was right discussing her right now with us, the people that
seem to be supporting her here, but yet you could sit with the rest of your fellow, well, whoever they are, and
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hatchet someone without a Rice note, without evaluation, without having her come in, terminating her job, but you
couldn’t feel comfortable discussing, why not? Why not? We’re all discussing it. If you sat amongst the 5 of
you…
COUNCILWOMAN RAU: As far as I know it’s illegal to do so. I’m not going to sit here and do that.
MRS. TARANTOLO: Someone came up and asked your opinion of why you made your decision. How is that
illegal to answer when we’re giving our opinions?
COUNCILWOMAN RAU: I said I wasn’t going to talk about the individual; I could talk a little bit about the
position which is an appointed position.
MRS. TARANTOLO: Okay, then why don’t you do that? Why don’t you tell us why you’re terminating along
with your other colleagues, her position? You said you didn’t feel comfortable…
COUNCILWOMAN RAU: Because it goes a little bit further.
MRS. TARANTOLO: Excuse me, I’m not finished, Vicky.
COUNCILWOMAN RAU: I’m sorry, excuse me, go right ahead.
MRS. TARANTOLO: Someone asked your opinion and you said you couldn’t give that opinion because you
didn’t feel comfortable doing that, in fairness to her, but was it fair to sit amongst your colleagues and just hatchet
her job for 33 years, her career, without notifying her with a Rice note or evaluating her or evaluating other people
in the Borough? I think that’s very unfair. Why can’t you just give your opinion? How was that illegal, we’re
giving ours?
COUNCILWOMAN RAU: I’d have to ask Andy right now. I can go back to last year…
MRS. TARANTOLO: I’m not really interested, no, that’s okay, I’m not interested myself, per say, in your opinion,
but I was very taken aback by why that you couldn’t, you felt that was terrible, to talk to the people here who are
supporting her, telling us your reasoning, that you felt was what you just couldn’t do, but you could sit behind
closed doors and terminate.
COUNCILWOMAN RAU: That’s not true…
MRS. TARANTOLO: Well, I think that is what you did.
COUNCILWOMAN RAU: That’s not true, ask Mr. Jackson because it goes back to last year and I don’t believe
he can speak either, okay? And that’s all I can say. I mean, there’s just a certain amount of…
MRS. TARANTOLO: Well, if we’re all just here giving opinions.
COUNCILWOMAN RAU: There’s no hatchet job behind closed doors and in groups against her.
MRS. TARANTOLO: There wasn’t? How can you say it’s not a hatchet job when you’re terminating a woman of
33 years who did not get a Rice note, who did not get an evaluation, who was as shocked by this and in only three
months? When I sat here in January when you first all got the first of the year, your inauguration thing, and you
knew right then you were going to do this, you knew right then, you never even said we’re going to give you three
months and then we’ll evaluate you. Did you sit down with her? Did she come in? Did you all sit down? Did you
sit down with her after three months?
COUNCILWOMAN RAU: I personally did not sit down with her, no. I personally do not have all the information
you’re asking. I mean you should ask some of the other council.
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MRS. TARANTOLO: Vicky, I’m not singling you out, please believe me, the only reason I’m talking with you is
because you said you felt uncomfortable talking about it.
COUNCILWOMAN RAU: I don’t think that’s the right thing to do, no not now, not here, and I don’t think it’s
legal, and I wish Andy would let me know.
MRS. TARANTOLO: My question was why is it not legal to talk with us sitting here, but legal to talk amongst
yourselves? That was my question.
MAYOR TARANTOLO: I think the short answer is on advice of counsel.
MR. BAYER: And there is a big difference respectfully between yourself as a matter of public and a member of
Council who under this form of government have to serve as the executive of the government so they’re responsible
for employees. Under state law one can’t discuss a personnel matter in public as the Mayor pointed out earlier this
evening without Ricing the person and having that person…
MRS. TARANTOLO: Okay, but you didn’t Rice the person anyway.
MR. BAYER: Because the person, one, didn’t request a meeting with Council.
MAYOR TARANTOLO: But, Andy, we never gave her the choice.
MRS. TARANTOLO: That’s what I was saying also.
MAYOR TARANTOLO: We never gave her the choice. What we did on January 1 without any discussion in
closed session, without any, at least not at any meeting that I was a part of, a decision was made to grant her a three
month appointment. That quite frankly was a shock to me. I thought that we were going to take the 22 on the list
and grant them a one year appointment, and then was told three minutes before we went into public session that
there was some adjustments made to the agreements that we essentially had made. So what that tells me is that
somewhere, someone met and made this decision to grant her a three month appointment and I was not a part of
that. Chuck, were you a part of that?
COUNCILMAN DAVIS: No, Mayor.
MAYOR TARANTOLO: Who was a party to that decision? It was voted on and essentially that vote tells me that
somewhere a decision was made by this Council to grant her a three month appointment. All I’m saying is in
fairness and out of courtesy to the individual who’s been a loyal employee here for 33 years that we should at least
have given her the opportunity to meet in closed session, serve her with a Rice letter and discuss her situation. We
may have rationale for making the decision that we’re about to make, but at least give her the opportunity to defend
her position in closed session.
MRS. TARANTOLO: Thank you, Mayor, that’s what I was trying to say. And I didn’t mean to single you out,
Vicky, it’s just that you made that comment and I just wanted to clarify and I wasn’t even going to speak.
MAYOR TARANTOLO: Thank you. Any other?
MR. SLOVIN: Harvey Slovin, 45 Brentwood Road. I’ve known Peggy for quite some time. I was on the Planning
Board off and on since 1972. From 1972 to 2008, I probably served maybe 20 or 25 years on the Planning Board,
much of that time as chairman. I served with Peggy during many meetings, not only on Planning Board but all the
special committees whether it was Downtown Redevelopment or going to Freehold to defend Open Space plan or
to argue that the state planning plan they came up with was erroneous. Peggy’s terrific, she is as the Mayor said,
well regarded by the legal profession, she is certainly well regarded by people that know her in town. She not only
knows the law, she also knows the ordinances. Don’t do anything if it’s not in accordance with the ordinances, and
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that’s the rulings that she makes. I can’t believe that…she served and I served under various administrations
whether it’s Democratic, Republican, it never made any difference. Planning Board and the Zoning Board were
never influenced at least while I was around by whichever party happened to be in power. I think what’s going on
now is politics at its worst. I really feel bad for the citizens of Eatontown for this decision. How you can expect
Birdsall to provide someone for ten hours a week to do that job is incomprehensible. That barely covers the
meetings from the Zoning Board and the Planning Board. How about all the applicants that come in whether it’s
from outside the Borough or people in the Borough? Borough residents that come in and have an application,
someone talks to them at the window and explains what you can do, what you can’t do. Someone from Birdsall is
not going to be here sitting to explain those things. You’re not. For ten hours a week you’re getting very little, it’s
a waste of money. I think this is a tragedy that’s happened.
MAYOR TARANTOLO: Thank you, Harvey.
MS. THATCHER: Hi, my name is Linda Thatcher, 37 Raleigh Court, and the Mayor hit a little sensitive point
there when he said that three minutes before the Council meeting things were changed. I remember sitting here not
too long ago when 15 minutes before the Council meeting, Monmouth Regional had to pay more money back to
Eatontown. Which it was decided before we came to the meeting what we were going to have to pay, and then all
of a sudden we get here twenty minutes before, we’re told we have to pay $30,000 or $40,000 more. I just don’t
understand what kind of politics we have here. Also another thing is I know when you talk about a person they
have to be Riced. She has not been Riced, and I hope you’re ready for a big lawsuit which is going to cost the town
big bucks because she will come back and she will sue not just Council but all of Eatontown and we’re going to be
losing a lot of money.
MS. CASO: My name is Sherry Caso, I live at 11 Victor Avenue, and I’ve been in this town for over 30 years and
I’ve lived in my home for 25, so I’ve had a lot of dealings with Peggy over the years. I’ve had my differences with
Peggy, a lot of them, but we’ve always managed to work things out and I’ve always thought she was very
knowledgeable. She knows what she’s doing. And to just do this and there is no other way I can put it, but
underhanded, sneaky, hatchet job, isn’t fair to her. I am a public employee and I wouldn’t want to be treated this
way. She’s had no opportunity to defend herself. If there have been so many complaints about her, why wasn’t it
brought to her attention before? Why wasn’t she sat down? And on what authority did someone solicit Birdsall for
this proposal? Someone had to approach them and ask them to put this proposal together. Was that voted on by the
entire Council? Who authorized it? They didn’t just decide, okay, we’re going to put this proposal in. You’re
taking a woman who put 33 years in and devoted to the town. This is really appalling, I’m sorry, it’s appalling. I
just can’t believe that this is what Eatontown is turning into. Obviously it’s not even a tax payer savings, we’re not
going to see any savings on this. We’re going to wind up spending thousands of dollars if not more in lawsuits
because this is just not right that this is done to her. I’m sorry. I’m actually ashamed to say that I live in this town
to see something like this done to an employee who’s put this much time and effort in. It’s not fair.
MR. KIRZOW: I’m the current chairman of the Planning Board. I’ve lived in this town for 42 years. I’ve been on
the board for about 12 years, 8 years and another current 4. I’ve known Peggy. A couple of weeks ago, we sent a
resolution from the Planning Board to you recommending that Peggy be retained. The Planning Board, of the
members that voted yes have about 70 years of planning board experience. I understand the zoning board sent a
similar type of resolution. Now I’m not familiar with theirs, but I’m sure they must have at least 50 if not more
years of experience working with Peggy. Other than seeing a few of you at the WaWa hearings of which you guys
showed up a lot, and you actually got to see Peggy working, I haven’t seen you. I know Mr. Davis you’ve been on
the Board for a couple of years, and you’ve seen Peggy. But I would hope that you would take our
recommendation, not only from one board but from both boards. And you tend to throw that away. The Mayor
said that you're sending a message to the Council but you also sent a message to the Boards. You’re sending a
message to the public. Peggy, you talk about dollars, there’s a saying, penny wise and dollar stupid. Peggy
understands all of the applications that have happened over the last 33 years. If you don’t believe me, she can go in
the back and dig it up. As Harvey said, ten hours a week, planning board meetings take about just about 10 hours a
month, okay? Peggy’s here at 7, you have to set the place up and tear it apart, that’s five hours right there. So to
think, first of all, I don’t know the logic as to why you think ten hours is good. Mr. Schiels, when you made that
comparison of $19,000 versus $14,000, that’s absolutely correct, but that’s a numbers game. That’s like ten versus
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40. If you do 40 versus 40, it comes out a whole lot different. I worked for the government for 36 years, and I’m
sure in the Borough you have the same thing. When an employee has a problem, it’s up to the supervisor to call
them in and counsel them if it’s a grievous problem. I don’t think she was counseled. Again, Peggy understands
all this stuff, I’m looking at the job, I sit up here twice a month. It appears that my job is going to be a whole lot
more, a whole lot more difficult. I don’t believe Birdsall understands the resolutions. And their resolution is for
three months, what happens after the three months? Is it another three months? What are we doing then? Are we
going to keep them? Are we going to change them? You just don’t get the quality of knowledge from Birdsall.
I’m sure they’re good people, and they’re starting with a blank sheet, that’s what they’re really starting with unless
they’ve been in town and been involved somewhat, but Peggy knows all the things. We’ve had the Mall in ten
times and she knows all the different resolutions and she remembers all the different things that happened and goes
back and does research for us. When we sent those resolutions to you, we felt that Peggy does an outstanding job
for us and as Ted said back there, she’s the zoning officer. Her job is not to say well it’s only a half inch or it’s a
foot over, I’ll let you slide. Her job is to say here is what the reg is, then let the people up on the boards decide
whether be it planning or zoning board, which is the way I think it should be. I’d be very disappointed if something
like that happens in the future. So I don’t know if you can change your mind now, or if this is cast in concrete or if
you want to talk about it again, but I think you have heard enough comments from the public to at least go back and
say okay, we’ll relook at it and maybe do it the right way. Thank you.
MAYOR TARANTOLO: Thank you, Paul, anyone else?
MS. BRESLOW: Just a follow up, Sara Breslow, 11 Lake Drive. Mr. Connelly, just because something you said is
important. Mr. Lewis said that you have a partner who is responsible for some of the most acidic comments against
Peggy; would you please enlighten us about what business and what partner?
COUNCILMAN CONNELLY: Mr. Jones is my business partner in CJ Montana’s Pub and Grill in Tinton Falls.
MS. BRESLOW: And did you have a relationship or a business with him in Eatontown?
COUNCILMAN CONNELLY: Yes, I did.
MS. BRESLOW: So how is this not a conflict of interest that you wouldn’t recuse yourself?
COUNCILMAN CONNELLY: That’s a former business that I had and then we closed and then we moved to
Tinton Falls.
MS. BRESLOW: Right, but what he went through, obviously something must have happened while you were
having your business in Eatontown because Peggy would have nothing to do with your business in another town,
correct?
COUNCILMAN CONNELLY: She has no business with me any further. I have no business with her.
MS. BRESLOW: But she did when you had a business in Eatontown, correct?
COUNCILMAN CONNELLY: I’ve lived here my whole life, Mrs. Breslow, I also had an issue when I bought my
house with the code officials, I had problems before.
MS. BRESLOW: We’re talking about your partner, though. He’s a current partner and yet he is the one who had
trouble with her while he was here.
COUNCILMAN CONNELLY: I understand, but he was not elected to this board. He was a candidate years ago
under the Democratic party, but no, he’s not elected to this board.
MS. BRESLOW: I’m not discussing whether he’s an elected member of the board; you are an elected member of
the board and you’re in partnership in business with a man who had a run-in with our zoning officer, correct?
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COUNCILMAN CONNELLY: You’re questioning my credibility, Mrs. Breslow.
MS. BRESLOW: No, it’s not your credibility, it’s whether it’s appropriate for you to recuse yourself because there
is a conflict of interest.
COUNCILMAN CONNELLY: I’m very familiar with the conflict of interest.
MS. BRESLOW: I don’t think you are.
COUNCILMAN CONNELLY: I think I am.
MS. BRESLOW: Then how is this not relevant? If your partner has had dealings and you are still partners with
this person.
COUNCILMAN CONNELLY: Actually I’m very familiar with making recusals through being on the State board
and I know that I’m okay to make this decision because this is a decision that I can make fairly.
MS. BRESLOW: How can you? That’s the whole point. You have somebody…
COUNCILMAN CONNELLY: That’s your determination that you’re saying to me.
MS. BRESLOW: No, it’s the obvious thing.
COUNCILMAN CONNELLY: I’ve made mine. Can I make, can I be a fair and look at this proposal in fair and
objective, and I say I can, so I’m going to vote on this issue.
MS. BRESLOW: Well, there is something about the appearance of appropriateness, too, and you are definitely
over the line when it comes to that.
COUNCILMAN CONNELLY: That’s your opinion.
MS. BRESLOW: No, it’s not my opinion; that’s what the rule is there for.
COUNCILMAN CONNELLY: That’s your opinion. That was Mr. Lewis’ opinion.
MS. BRESLOW: It’s not; it’s a conflict of interest. I want to ask the attorney, how is this not a conflict of interest?
COUNCILMAN CONNELLY: I think the opinion of the voters was to put me in office so they wanted me to make
some of these decisions.
MS. BRESLOW: That doesn’t stop you from recusing yourself when there’s a conflict of interest.
COUNCILMAN CONNELLY: You’re right.
MS. BRESLOW: They’re not tied together, they’re two separate things.
COUNCILMAN CONNELLY: Okay, I answered the question.
MS. BRESLOW: I would like to ask the attorney, how is this…is this not a conflict of interest?
MR. BAYER: I could read what the local government ethics law says, and ultimately it’s the decision of the
affected elected official to decide whether or not they have a conflict. The local government ethics law provides
that no local government officer or employee shall act in his official capacity in any manner where…I have to get
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to the relevant part here…while he has a direct or indirect financial involvement. There’s no financial involvement
here since…
MS. BRESLOW: There was, certainly.
MR. BAYER: Excuse me, if I could talk, then you could talk, we’ll do it that way. As I understand it, the
Councilman’s business is not in the town, so if he was being regulated by the current zoning officer since he had a
business in town, clearly then he would have a financial interest. So he clearly has no financial interest since his
business isn’t located in town. The second part of the test is that no local government officer shall act in his official
capacity…just trying to find the relevant clause…in any manner where he has a personal involvement that might
reasonably be expected to impair his objectivity or independence of judgment. The events at issue, so again, that
would be a determination for the Councilman to make, whether or not based upon what interactions he had as an
employee, as a business owner, as an employee, as to any dealings he’s had with the issue at hand, whether that
would reasonably be expected to impair his objectivity or independence of judgment. And clearly there are
relevant issues as to when events occurred, how they occurred, and again ultimately that’s got to be for the
Councilman to decide, but based on at least as what’s been described here, I don’t see it. But it’s not my decision.
MS. BRESLOW: You don’t see it?
MR. BAYER: Ma’m, you’re missing my point. I could offer an opinion but ultimately I can’t disqualify based on
an opinion I have or don’t have and counsel a person from voting. The Mayor and Council can accept my, and I
always say this, wherever I work, I’m the lawyer, Council can accept my advice, Council can disregard my advice,
and I’ll attempt to defend my clients in court if we end up there, but at the end of the day that’s all they can do here.
Councilman Connelly has the facts relative to his involvement with the zoning officer, and in his view whether or
not those facts would reasonably impair his objectivity or independence of judgment and that’s for the Councilman
to decide.
MS. BRESLOW: But you’re not giving him advice on what you think he should do; you’re just letting him know
what the law says.
MR. BAYER: And that would be my job as a lawyer.
MS. BRESLOW: But it also would be interpreting it. So if I have a partner who has really bad feelings about
somebody that we did business in their town, then obviously you would have no predetermination about it. Okay.
COUNCILMAN CONNELLY: Just for the record, he has no business in this town either at this moment.
MS. BRESLOW: No, but you’re saying it’s like you forget what you’ve already been through. He’s the one who
wrote the letters, he wrote the letters. Okay?
COUNCILMAN CONNELLY: Right, so why are you questioning me about him? Thank you.
MS. BRESLOW: Because he’s your partner and I’m sure he talks to you. Don’t you talk to each other? So how
does it not influence your feelings?
COUNCILMAN CONNELLY: And when we go to a political function, he’s in one and I’m in another.
MS. BRESLOW: I’m not talking about politics; we are talking about whether you have a predetermination here,
whether you’ve been influenced.
COUNCILMAN CONNELLY: Thank you.
MR. BAYER: Mayor, that’s the local government ethics law that’s at issue, 40A:9-22.5. It’s the provision within
it, subsection D., as in dog.
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MAYOR TARANTOLO: Thank you. Are there any other comments?
MR. FITTERER: Ed Fitterer, 10 Eton Place, I would like to say that I’m a member of the planning board, I’ve
been on the planning board maybe six to eight months now. The last two months, I asked the question why, and I
didn’t get a response. I didn’t know I didn’t have enough background to actually oppose the resolution or deny the
resolution that the planning board put forth which was asking that she remain on. My six months or so that I’ve
spent on the planning board, I thought she’d done an adequate job. She’s been very good, she’s helped me progress
pretty far over a short period of time. But what we’re losing sight of here and I respect everybody’s opinion on
both sides, what we’re losing track of is the fact that it’s an appointed position, and from year one to year thirty-
four, it’s an appointed position. It doesn’t get any better than that. It’s an appointed position. My wife in her short
political career has served in many political appointed positions, and she’s been fired twice. She was fired the first
time by Governor McGreevey, she was fired a second time by Governor McGreevey. I don’t hold ill thoughts of
Governor McGreevey because he fired my wife. He had a right to do that because it was an appointed position and
when you get into this type of work and you put that type of time and energy and you base your career on
appointments and on those positions, you always have to have in the back of your mind that it can come to an end
and that it can come to an end quickly. And it doesn’t necessarily come to an end because of what you did or what
you didn’t do. There are other people who control your appointment. I think people are losing sight of that. I
mean we’re in a political climate right now where people are losing their jobs all the time. It’s an at-will employee
state. People serve for their employers at will. An employer can fire you for any reason at all as long as it’s not
one of the wrong reasons. If it’s not based on some sort of discriminatory reason: race, religion, sex, so on and so
forth. I don’t know what the Council’s reason is for terminating the appointment or not reappointing her, but they
are within their right to do that. Peggy, as nice of a person as it is, I don’t think this is a personal vendetta. This is
an appointment, and people have the right to terminate those appointments or just not reappoint in the future. I
mean when you look at this thing, she’s been here for 33, 34 years. At no point in time did she ever earn another
status or she never earned or gained anything other than, well, you’ll serve at the leisure or at the pleasure of
Council for another year. And it’s another year. That’s it. She didn’t have a right to continue the position forever.
I think she’s a great woman, she helped me out a lot, but we’re talking about a position that’s an appointed position
like I said four times already, and that’s the way it is. Thank you.
MR. KIRZOW: Paul Kirzow, 20 Woodmere Drive. I’ve got to just talk about that. You have that right, but I think
you have the right to represent the public and to get the best person or the best persons for the job. I too have no
idea as to why you made your decision. I cannot believe that you’re sitting up there thinking ten hours a week from
a Birdsall guy who’s never been maybe in the back room yet, is helping the town out. There’s got to be another
reason why you’re doing this if it’s not helping the town. If you can look at me and say, yes, the town is better off
as far as knowledge, as far as understanding, as far as helping, and we’re doing ten hours? I guess I have one word
for that - ludicrous.
MAYOR TARANTOLO: Are there any other comments?
MR. ENGLISH: Good evening, Bob English, 183 Sandspring. Just so I’m clear, is the idea that Birdsall would
take over 100% of Mrs. Ciok’s responsibilities?
MAYOR TARANTOLO: Ten hours per week, 40 hours per month.
MR. ENGLISH: And what part of the job would they…?
MAYOR TARANTOLO: Reviewing I guess the site plans that come in to see if they conform to Borough
ordinances, identify where variances are required, prepare documentation for the planning Board that stipulates the
conditions that are identified as part of the site plan. So it’s rather detailed; it’s not something simplistic. A lot of
analysis has to go into the site plan. They have to be familiar with the codes and apply the codes, and the write ups
in the letters to the Planning Board have to reflect all of that. And that’s what we’re expecting to do ten hours per
week.
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MR. ENGLISH: Okay, just so I’m clear, who is Mrs. Ciok’s immediate supervisor?
MAYOR TARANTOLO: With the reorganization, George?
MR. JACKSON: The construction code official.
MAYOR TARANTOLO: The new one that we just hired.
MR. JACKSON: For a year it was Wally Englehart before his retirement.
MAYOR TARANTOLO: Our reorganization essentially reorganized the end of the hall, as we put it, and we
hopefully have a more efficient operation organizationally in place, and what we were hoping through this process,
this reorganization process, that if there were any problems, they would be recognized by the new director and
remediation would be applied to correct them.
MR. ENGLISH: Okay, I know there’s obvious, I’ve heard both sides, a difference of opinion about Peggy. I don’t
know her personally but in three or four experiences with her, I just felt I was treated very professionally,
efficiently, and if there’s a line where you can line up and say you don’t get the answer, you always want to hear
I’ll be on the front of that line. Just one thought, though, I again no matter which side of it you come down, I think
if you could wind the clock back to December 31st, I hoped it would have been done another way, because I just
think she’s got to feel just humiliated by the whole process coming to work every day and not knowing where
you’re at, and I don’ think any of us would ever want to be in that position. And again, shoulda, woulda, coulda,
but I hope there would have been a better way of doing it. Thank you.
MS. CASO: Sherry Caso, 11 Victor, I realize this proposal is for three months; what do you plan on doing at the
end of this three months? Solicit another engineering firm? Or is there someone that you’re looking at to bring in
as a full time zoning officer? Because obviously ten hours a week is just not going to work. Not when you’ve had
someone for 40 hours a week. So is there an underlying reason behind all of this?
MAYOR TARANTOLO: My own view is the normal procedure is we have an HR manager recognizing that the
contract with Birdsall is for only three months. Obviously Peggy will be terminated at the end of this month,
March 31st, we will advertise for the position, solicit resumes, and go through an interviewing process. George,
would you agree with that?
MR. JACKSON: My understanding, and I have the proposal from Birdsall here in front of me and I guess this
answers Ms. Caso’s question, is, in the proposal…our services will be provided for a period of three months. Over
the course of this period, we will keep the Borough Administrator updated on our efforts and will provide written
recommendations on the operations of the office…and my understanding is they will give us input as to where we
should go and the direction we should take.
MS. CASO: You’re going to trust someone that’s working three months over someone that’s got 33 years in the
office? That’s sad. So we don’t know what’s going to happen at the end of three months.
MAYOR TARANTOLO: I don’t know. I heard some comments here that kind of surprised me.
COUNCILWOMAN FORBES: I’m talking to myself out loud.
MS. CASO: Well, maybe we would all like to hear what you have proposed for three months. Don’t you think the
Borough residents have a right to know what’s going to happen? We’re going to have somebody different every
three months? How can you have continuity within the office if you’re going to have a different person every three
months? And of course, we’re not seeing a savings to the town at all in this. Does anybody have an answer, what’s
going to happen after three months?
MAYOR TARANTOLO: Well, I’m only the Mayor. I would think the normal procedure would be to solicit
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resumes for the position and we would go through the interview.
MR. JACKSON: In our form of government, Mayor, it’s not my decision. I can recommend the proposal that the
Council is considering as an inclusion that the person that fulfills the obligations and duties down there will give
recommendations as to how we should continue. I would bring that back to you and you as a governing body
would make a decision. Do we continue their service, do we get another firm to come in, do we hire a person to
take the job in a full time part time basis, do we consider a shared service, all those type of things would be looked
at I would assume. I haven’t met with the person that’s going to be filling in down there. Or if Council says they
want to go out and advertise for the spot, that can be done as well. It’s your decision as a governing body.
MS. CASO: Just to continue, we haven’t really heard from any of the other Council members. No one else has an
opinion? Or they’re just not going to comment? Or just comment amongst themselves, not on anything that the
public has said.
COUNCIL PRESIDENT SCHIELS: What the business administrator just explained I couldn’t explain any better is
the fact that there are going to be recommendations, we will hear the recommendations and we will act on them
accordingly.
MS. CASO: It’s just a sad state that you’re going to take recommendations from a firm that’s been in town for
three months. It’s just not being fair to the public.
MAYOR TARANTOLO: My concern is that after a three month period, we get the recommendations, we create a
void. We create a void in the whole planning board process, the whole zoning board process. How do we fill that
void? It’s not clear to me. We have a disconnect after three months.
MS. CASO: What happens with the backlog? You’ve got three months of somebody working ten hours a week
compared to somebody that’s working forty hours a week, and like you said, half of that is three or four hours per
meeting during the week, so who’s going to be attending the meetings? And who’s handling all of the paperwork
within the office? It doesn’t, this whole thing makes like absolutely no sense. And I’m not hearing anybody trying
to justify this unless there’s a golden rule we’re not going to talk about it.
MR. KIRZOW: Just another comment, contractors don’t usually throw away work. Contractors who are working
in Tinton Falls and wherever else as a zoning officer, are you expecting them to come back and say, we really can’t
do this work, go get somebody else? Of course, they’re going to come back, and oh by the way, ten hours isn’t
really good enough, we really need forty. Maybe even sixty, once they start finding out what their job is. You
know, it doesn’t seem like you guys have a plan. It’s like, well, in three months, something is going to happen, it’s
like a miracle is going to happen, and what is your plan? I guess we’re all frustrated in just not knowing. You guys
have some real good reason, but nobody wants to tell.
COUNCILWOMAN RAU: I’ve got to be careful in what I say, you know, make sure it’s legal, but there’s a lot
with that you don’t know that we’re not able to speak about, okay, as to how we got to this point. We’re sitting
here and we’re listening to you and understanding, but you don’t know the other part of it. So you know, we’ll take
your bows and arrows or whatever (indiscernible) political but it’s really not, it’s just the unknown that we can’t
speak about. I don’t know how to put it…
MR. KIRZOW: Did it matter that the Planning Board or the Zoning Board sent any kind of recommendations?
Did that have any credence at all?
COUNCILWOMAN RAU: The Planning Board and the Zoning are separate from the Council. You run your
meetings, you hire your attorneys, you hire your engineers, correct?
COUNCILWOMAN FORBES: Vicky, I think what he was referring to were the two resolutions that were passed,
that’s what he was referring to.
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COUNCILWOMAN RAU: That the Zoning and the Planning Board passed; that was their resolutions, it wasn’t
Council’s resolutions. So you deal with a secretary for the Zoning and Planning Board, which does not necessarily
have to be the zoning officer. Prior to, I believe there were different secretaries. Like you have a little business
there, and you have your secretary and you’re getting along fine, and things are going well. You know what I’m
trying to say? Then on the other hand you have the zoning, you have the planning, and you’re happy, but then
there’s the office down the hallway where maybe not everybody is as happy as you are, and I’ll leave it at that.
MR. KIRZOW: I would think that you would take all the information from all your sources before you would
make a final decision, and I’m not sure that our resolutions even impacted into your thought process.
MR. VAN WAGNER: Mark Van Wagner, 341 Grant Avenue. I don’t have a dog in this side, I really don’t.
Peggy and my wife are friends, so I feel a little awkward speaking, but in fairness, I think some things were just
misrepresented. First of all, I think even Mr. Lewis would agree, he handled three towns at once as a zoning
officer, so there’s 40 hours, 10 hours. I work in the City of Jersey City, 250,000 people, one zoning officer. So
let’s define what the job is and see what the appropriate hours are, okay? It depends upon how much the support
staff is doing, and again the zoning officer simply makes judgments on applications, okay? But I know they’re
being handled reasonably well in other towns, some part-time. I’m not saying this is a part-time or a full-time job,
but let’s not lose sight of the fact that different towns do this differently. Number two, and I guess the big question
to me was and again I’ll refer to even you, Mayor, and Mr. Lewis, it sounds as if this person who is so central and
key to this operation of this town has not been given permanent status in 30 years that Mr. Lewis was here, and
you’ve been here close to 30 years, Mayor. Is there a reason for that? I mean you could have done it every year,
she could be enjoying civil service.
MAYOR TARANTOLO: Could you define what you mean by permanent status? I don’t understand.
MR. VAN WAGNER: Civil service. Many zoning officers are civil service.
MAYOR TARANTOLO: The position is created by ordinance; we have the position.
MR. VAN WAGNER: My question is after 30 years, I would think that someone would recognize this talent and
say we can’t afford to lose this, we don’t want to lose this, as one of my person says we don’t want to play with this
politically if they think there’s a motivation politically, but over 30 years, you said 33 years?
MAYOR TARANTOLO: Yes.
MR. VAN WAGERN: No one ever suggested that perhaps we need to look at this position and make it a
permanent one?
MAYOR TARANTOLO: She didn’t serve in that capacity for 33 years.
MR. VAN WAGNER: I know that but why didn’t someone do that in the 33 years that she’s been here?
MAYOR TARANTOLO: Is that what you’re implying, that we should look at that?
MR. VAN WAGNER: No, I’m asking why. I’m hearing all these accolades, I’m hearing that the town was going
to fall apart or that we’re going to fall way behind on work. I can’t believe in the 33 years with all these elected
officials, and I don’t care if you’re talking about Democrats or Republicans, Independents or the Green Party, why
no one raised the point why don’t we make this person permanent. Because then if you had there is no discussion
right now, and let’s face it, there’s plenty of towns that have a permanent civil service zoning officer. But in the 33
years that she served, it seems to me no one’s ever raised it unless you can clarify that for me, Mayor, because
you’re telling me how wonderful she served under you.
MAYOR TARANTOLO: That’s correct.
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MR. VAN WAGNER: Let’s take the past six years where you had a full Council and Mr. Lewis served on it. Why
not do it then? Why not do it then?
MAYOR TARANTOLO: Well, first of all, she wears a couple of hats, okay? She serves as a zoning officer, that’s
by statute and that’s defined in our…
MR. VAN WAGNER: Right, you need a zoning officer, correct.
MAYOR TARANTOLO: She also serves as secretary to the Planning Board.
MR. VAN WAGNER: Separate issue.
MAYOR TARANTOLO: Right, that’s a separate issue, but she performs that function.
MR. VAN WAGNER: And in many towns that’s how they do it.
MAYOR TARANTOLO: That’s the second hat she wears, okay? The third hat she wears is the Zoning Board of
Adjustment secretary.
MR. VAN WAGNER: Fine, just like every other town. Every other town does it that way.
MAYOR TARANTOLO: So we’ve got three for one here, okay? We have three for one, because Peggy is here for
Planning Board meetings twice a month, and one Zoning Board meeting once a month. In addition to that, she
performs the function of zoning officer, and she also does other functions within the town, taking care of violations.
She’s a one person army here in the Borough of Eatontown.
MR. VAN WAGNER: Fine, why wasn’t she made permanent? I’m asking you, Gerry, I’m not hearing any
answer.
MAYOR TARANTOLO: I agree with you, maybe that’s the action we should take tonight, make her permanent.
MR. VAN WAGNER: All of a sudden, right?
MAYOR TARANTOLO: All of sudden? No.
MR. VAN WAGNER: You had six years you had control, and tonight you pass by this, you came up with this
idea.
MAYOR TARANTOLO: Mark, it wasn’t broken so don’t fix it.
MR. VAN WAGNER: So every year you wanted to do this one year at a time.
MAYOR TARANTOLO: Correct, that was one of the functions…
MR. VAN WAGNER: You’re making my point. Why make it a one year appointment if every year you’re going
to do it? Why not just make it permanent?
MAYOR TARANTOLO: Because we can’t give her tenure, and that’s why we’re doing this once every year. All
the 22 positions require by statute that we provide the one year appointment, and we go through that exercise every
reorg on January 1.
MR. VAN WAGNER: But Mayor, why couldn’t you make her civil service?
MAYOR TARANTOLO: I don’t know. Does the statute prevent that? I’ll ask our attorney.
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MR. VAN WAGNER: There’s plenty of civil service zoning officers, plenty.
MR. BAYER: Well, I’ve only been here since January, but you’re not a civil service town.
MAYOR TARANTOLO: I think that’s an excellent recommendation and therefore I would suggest that this
Council vote down this resolution and make that the action item that comes out of this meeting - make her
permanent. Civil service. I agree with you a hundred percent.
MR. VAN WAGNER: It’s a shame you didn’t do it when you had the power to do it.
MAYOR TARANTOLO: Well, Mark, I’m glad you came to this meeting, you said the right thing, make her
permanent.
MR. VAN WAGNER: No, I said didn’t you make her permanent. Let’s not put words into my mouth.
MAYOR TARANTOLO: Let’s not talk about putting words in mouths, Mark, okay?
MR. VAN WAGNER: Why not? I said why didn’t you do it, I didn’t say to do it.
MAYOR TARANTOLO: Well, I don’t know. I don’t want to bring this up here, but since you’re standing there,
you made a comment and you put it in some political literature saying that I asked the people on Clinton Avenue to
take one for the town. Never did I say that. Oh, you forgot, but I’ll show it to you. I have saved the comment.
MR. VAN WAGNER: Well I hope they’re hanging on your wall, but…
MAYOR TARANTOLO: So let’s not talk about putting words into anybody’s mouth. I think you made your
point. I think you made a very good recommendation that this Council ought to pursue tonight.
MR. VAN WAGNER: I didn’t make a recommendation; I asked a question. You’re making the recommendation.
MAYOR TARANTOLO: The action item tonight I think is make her permanent. You made the suggestion. I
think it’s an excellent suggestion. That’s the wonderful thing about a public meeting; you never know what you’re
going to get from the public. You just made an excellent suggestion, and I think the Council ought to jump on that
recommendation.
MR. VAN WAGNER: If they chose to do that, they certainly would have the power.
MAYOR TARANTOLO: Exactly.
MR. VAN WAGNER: So if they feel that this person deserves…
MAYOR TARANTOLO: Thank you, I appreciate it, and I think you should take heed, Council, that’s a great
recommendation.
MR. VAN WAGNER: It’s a question.
MAYOR TARANTOLO: Are there any other comments?
MR. BAYER: Mayor, may I make one suggestion? This public hearing is going on for some time and at some
point the comments become repetitive, and at some point…
MS. BRESLOW: The public wants to be heard.
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MR. BAYER: Well, the public can be heard except that the Council also has the right…
MAYOR TARANTOLO: When it gets redundant, Andy, I’ll cut them off, but I haven’t heard anything redundant
yet, so let them speak.
MR. LEWIS: Ted Lewis, Wyckoff Road, just to clarify a couple of the points that Mr. Van Wagner made. I never
meant to imply that I was the zoning officer in three different towns at the same time; that wasn’t the case. They
were part-time jobs, some years I worked in one town, I would leave that town to go to another one, it was not three
at one time. And as I said, you take those three towns and add them up, they don’t come anywhere close to being
the size and the demanding nature of Eatontown. Again, I think the attorney got it right, Eatontown is not and
never has been a civil service town, but the reason civil service was formed was because of meetings just like this
one, and it may very well be a civil service town in the future, and I would expect that as the president of the Board
of Education, I expect Mr. Van Wagner is as frustrated as some of the rest of us with teachers’ tenure. This is why
you have teachers’ tenure. Thank you.
MAYOR TARANTOLO: Thank you, Ted. Any other comments?
COUNCILWOMAN FORBES: Andy, can I do a motion to close the public session?
MR. BAYER: Yes.
MAYOR TARANTOLO: Do we have any other comments?
COUNCILWOMAN FORBES: I just made a motion, can somebody second it?
MAYOR TARANTOLO: Do we have any more comments from the public? Since we did not discuss this in
workshop in a public domain, I’m giving the public the opportunity to comment on the potential action that we may
be taking tonight. Are there any more comments from the public? All right, seeing no more comments from the
public, I will honor a motion to close the meeting to the public.
COUNCILWOMAN FORBES: So moved.
COUNCILMAN DAVIS: Seconded.
MAYOR TARANTOLO: It’s been moved and seconded, all in favor?
ALL: Aye.
MAYOR TARANTOLO: Okay, we have a motion on the table to grant this contract to Birdsall engineering to
provide us with a three month period part-time for zoning office functions.
MR. BAYER: Mayor, one suggestion, I apologize. I don’t think there was a motion made, I think…
MAYOR TARANTOLO: Yes, there was, then we went into discussion.
MR. BAYER: Okay, I’m sorry.
MAYOR TARANTOLO: Motion was made and seconded, we still have a motion on the table.
MR. BAYER: Okay, I apologize.
MAYOR TARANTOLO: Any further discussion?
COUNCILMAN DAVIS: I’m going to reserve my comments at least, because I think there’s been enough
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discussion, with my vote, so I think we need to move and vote on this or not.
MAYOR TARANTOLO: Okay, call the roll please.
MRS. SIANO: Mr. Schiels?
COUNCIL PRESIDENT SCHIELS: Yes.
MRS. SIANO: Mr. DaVis?
COUNCILMAN DAVIS: I’m going to certainly give my comments now before I render my vote. This is a very
interesting turn of affairs because in my very first term, we faced a similar situation with what I call an employee. I
understand that this is about a resolution to bring in a firm to replace an appointment. I took the position then and I
was the only member of Council who said no to just dismissing an employee. It was a mixed Council and I was a
new councilperson at that time, but I stepped in and said no, and I’ve done that every time that I felt that an
employee has not been dismissed for due cause. So I’ll have to vote no on this resolution because I see this as a
dismissal of an employee, not just an appointment, so my vote is no, period.
MRS. SIANO: Ms. Rau?
COUNCILWOMAN RAU: Did you call my name?
COUNCILMAN DAVIS: Yes, and this is a vote.
COUNCILWOMAN RAU: Then I need to vote. I say yes.
MRS. SIANO: Ms. Forbes?
COUNCILWOMAN FORBES: Yes.
MRS. SIANO: Mr. Connelly?
COUNCILMAN CONNELLY: Yes.
MRS. SIANO: Mr. Regan:
COUNCILMAN REGAN: Yes.
MAYOR TARANTOLO: Give us the vote.
MRS. SIANO: Five to one, yes.
MAYOR TARANTOLO: The motion is carried.
RESOLUTION 77-2009 TO AUTHORIZE BIRDSALL ENGINEERING, INC. TO PROVIDE ZONING
OFFICER SERVICES TO THE BOROUGH ON AN INTERIM BASIS AND TO PERFORM AN ASSESSMENT
OF THE OPERATIONS OF THE BOROUGH’S DIVISION OF LAND USE (PLANNING AND ZONING)
WHEREAS, after conducting a fair and open competitive procurement process in accordance with applicable law,
on January 1, 2009, the Borough of Eatontown (the “Borough”) appointed James Priolo of Birdsall Engineering,
Inc. (“BEI”) to serve as the Borough Engineer for calendar year 2009; and WHEREAS, as Borough Engineer, BEI
provides a variety of professional services to the Borough which are authorized on a project-by-project basis; and
WHEREAS, there will be a vacancy in the position of Borough Zoning Officer as of April 1, 2009; and
WHEREAS, BEI has submitted a proposal to the Borough to provide zoning officer services to the Borough on an
interim basis for a three month period commencing on April 1, 2009 and to also provide the Borough with an
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assessment of the operations of the Borough’s Division of Land Use (Planning and Zoning) during the time period
that it provides interim zoning officer services to the Borough, a copy of which is attached hereto and made a part
hereof; and WHEREAS, after discussion and review of the proposal by Mayor and Council at a closed session in
the workshop meeting of March 4, 2009, the majority consensus of the Council was to authorize BEI to provide
these services. WHEREAS, Lesley K. Connolly, Chief Financial Officer of the Borough of Eatontown has
prepared and submitted a Certification of Availability of Funds for this purpose dated March 11, 2009 in the
amount of $14,400.00 (Not to exceed); from the appropriation: 1211-3001 – Zoning Office – S&W. NOW,
THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Eatontown, that BEI is hereby
authorized to provide zoning officer services to the Borough on an interim basis commencing on April 1, 2009 and
concluding on July 1, 2009 and to perform an assessment of the operations of the Borough’s Division of Land Use
(Planning and Zoning) during the time period that it provides interim zoning officer services to the Borough,
provided, however, that the total aggregate cost of such professional services shall not exceed $14,400.00.
(Offered by Council Member Schiels, seconded by Council Member Forbes and approved on a majority roll call
vote as follows: Ayes – Schiels, Rau, Forbes, Connelly and Regan; No - DaVis.)
CERTIFICATION OF AVAILABILITY OF FUNDS
BOROUGH OF EATONTOWN
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq., and any other applicable requirement, I, Lesley K.
Connolly, Chief Financial Officer of the Borough of Eatontown, have ascertained that there are sufficient
uncommitted funds in the 2009
Municipal Budget in the following appropriation or Bond Ordinance:
Amount: $14,400.00 (not to exceed)
Appropriation: 1211-3001 – Zoning Office – S&W
These funds are sufficient to meet the contractual commitment providing for:
Zoning Officer services
4/1/2009-06/30/2009
And are awarded to the following vendor:
Birdsall Engineering, Inc.
611 Industrial Way West
Eatontown, NJ 07724
I further certify that this commitment together with all previously made commitments does not exceed the
appropriation balance available for this purpose.
___________________________
Lesley K. Connolly
Chief Financial Officer
Date: March 11, 2009
B. CONSENT AGENDA MOTIONS
1) Motion to Approve Social Affair Permit and Raffle License, Eatontown Foundation for Excellence in
Education at Sheraton, 4/20/09
2) Motion to Approve Special Events Permit, Ceremonial Firewalk, Dr. Bill Henry for New Beginnings at
Sheraton, 4/17/09
3) Motion to Approve Special Events Permit, Sidewalk Sale, School for Children, 270 Industrial Way West,
3/11/09
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5/1/09 or rain date of 5/8/09
4) Motion to Approve Amendment to Raffle License, St. Dorothea’s, Change Date from 4/19 to 5/30
(Offered by Council President Schiels, seconded by Councilwoman Forbes, and passed on a unanimous voice vote)
11. ACTION ITEMS, no report
12. REMARKS FROM COUNCIL AND/OR PUBLIC
Mr. Kirzow complimented our Public Works Department on the fine job they do with the garbage, the leaves, the
snow, the street cleaning, and gave kudos to the whole department in general. Councilman DaVis agreed and will
pass the compliment onto the Department. Mr. John Morgan of 83 Walter Avenue and Mr. John Lofton of 80
Walter Avenue asked for Council action regarding a business person parking on the lawn and curb in their
neighborhood; the proposed impervious coverage ordinance which will be placed on the next workshop agenda
may solve the matter. Mr. Ed Fitterer of 10 Eton Place suggested that Mayor and Council protest the cuts in state
aid; Mayor Tarantolo said the Two Rivers Council on Mayors will be taking joint action shortly to petition the state
for a new tax structure which would separate education from property taxes. Mr. Fitterer felt that the Board of
Education should have more public meetings to discuss their budget; Council President Schiels noted there are
public meetings currently scheduled.
13. CLOSED SESSION RESOLUTION
RESOLUTION 81-2009 FOR CLOSED SESSION
WHEREAS, the Governing Body of the Borough of Eatontown is subject to certain requirements of the Open
Public Meetings Act; and WHEREAS, the Open Public Meetings Act provides the executive session not open to
the public may be held for certain specific purposes when authorized by resolution; and WHEREAS, it is necessary
for the Governing Body of the Borough of Eatontown to discuss in session not open to the public certain matters
that are required by law to be confidential, to wit: personnel. NOW, THEREFORE, BE IT RESOLVED, by the
Governing Body of the Borough of Eatontown assembled in public session on 3/11/09 that an executive session,
closed to the public shall be held. It is anticipated that the deliberations conducted in closed session may be
disclosed to the public upon the determination of the governing body that the public interest will no longer be
served by such confidentiality. (Offered by Council Member Rau, seconded by Council Member Forbes and
approved on a unanimous voice vote)
14. MOTION TO ADJOURN (Offered by Council President Schiels, seconded by Councilman DaVis, and
approved on a unanimous voice vote)
_________________________________________
KAREN R. SIANO, MMC (4/22/09)
BOROUGH CLERK
(Exhibits are on file in the Borough Clerk’s office, according to the New Jersey State Records Retention Schedule
established by N.J.S.A. 47:3-15 et seq. and approved by the State Records Committee)