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Board of Commissioners

Regular Meeting

Bordentown, NJ · January 9, 2023

AgendaMinutes

Minutes

BORDENTOWN, NEW JERSEY JANUARY 9, 2023 The regular meeting of the Board of Commissioners was held at the Carslake Community Center on the above date at 7:00 PM and broadcast using the ZOOM Virtual Platform available to members of the public. The meeting was called to order by Mayor Jennifer L. Sciortino. The meeting was opened with a prayer by City Clerk Grace I. Archer followed by the Pledge of Allegiance. The City Clerk read the Sunshine Notice as follows: This meeting is being held in accordance with the provisions of the Open Public Meetings Act. Adequate public notice of this meeting has been given by the City Clerk of the City of Bordentown in the following manner: 1. Posting written notice of the time, date, and place on the official bulletin board at the Bordentown City Hall, 324 Farnsworth Avenue, Bordentown, New Jersey on January 11, 2022. 2. Electronic Submission and Mailing written notice of the time, date and place to The Times of Trenton and The Burlington County Times on January 11, 2022, and duly advertised in The Burlington County Times on January 14, 2022. 3. Notice of information and official meeting links to be published on the City’s official website for the Zoom Virtual format was included with the legal advertisement in The Burlington County Times on January 14, 2022. 4. Filing written notice with the Clerk of the City of Bordentown on January 11, 2022. The following named Commissioners answered the roll call: Mayor Jennifer L. Sciortino, Deputy Mayor Joseph D. Myers and Commissioner James E. Lynch, Jr. Commissioner Lynch moved the approval of the minutes of the Commission Meeting December 12, 2022, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. COMMUNICATIONS The City Clerk presented the following communication: 1. Leon Stanley – Request for Porchfest on Saturday, May 6th from Noon until 5:00pm (rain date May 7) 2. Mark Neurohr-Pierpaoli – Request to do “Irishtown History Pub Crawl” March 18, 2023 from Noon to 4:00PM 3. Mike Scharibone on behalf of the DBA – Request permission for 5K St. Patrick’s Day Run from 8am to 12pm (replaces 5k Fun Run by previous organization) – March 19, 2023 4. Mike Scharibone on behalf of Old Town Pub and Toscano’s – Permission to close Municipal Parking Lot between Farnsworth Avenue and Second Street from 12pm until 8pm for music and food event open to the public with private security provided on March 19, 2023. Commissioner Lynch moved the approval of the communications, seconded by Mayor Sciortino. Motion carried. MAYOR SCIORTINO, DIRECTOR OF REVENUE AND FINANCE Mayor Sciortino, Director of Revenue and Finance took a moment to comment she hoped everyone had a happy and healthy new year. Mayor Sciortino presented the following Proclamations: CITY OF BORDENTOWN NEW JERSEY WHEREAS, radon is a naturally occurring radioactive gas that is the second leading cause of lung cancer; and WHEREAS, prolonged exposure to radon can kill as many as 500 people in New Jersey each year; and WHEREAS, families who reside in homes with elevated radon levels are at risk of developing serious health problems; and WHEREAS, any home could have high levels, even with neighboring homes do not; and WHEREAS, radon testing can be done with great ease at a relatively low expense to the homeowner, with the cost of reducing radon concentrations being comparable to that of any home repair; and WHEREAS, the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency are collaborating during the month of January to promote the need for radon testing in effort to protect the lives of our State’s residents; and NOW, THEREFORE, I, Jennifer L. Sciortino., Mayor of the City of Bordentown, on this 9 th day of January 2023, with Deputy Mayor Myers and Commissioner Lynch on behalf of the residents of the City, do hereby proclaim the month of January 2023 as: RADON ACTION MONTH in the City of Bordentown and call upon all residents who have not yet tested radon levels in their homes to conduct tests in their home for radon to protect their families from the serious health risk of radon if elevated levels are found. CITY OF BORDENTOWN NEW JERSEY WHEREAS, all children in the Bordentown area should have access to the highest quality education possible; and WHEREAS, the Board of Commissioners of the City of Bordentown recognizes the important role that an effective education plays in preparing all students in the Bordentown area to be successful adults; and WHEREAS, a quality education is critically important to the economic vitality of Bordentown City and Township; and WHEREAS, the Bordentown area is home to a variety of high-quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and WHEREAS, the Bordentown area has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options. NOW, THEREFORE, I, Jennifer L. Sciortino, Mayor of the City of Bordentown, join with Deputy Mayor Joe Myers and Commissioner James E. Lynch, Jr in recognizing: January 22nd through January 28th of 2023 as Bordentown City School Choice Week and call this observance to the attention of all of our citizens. Mayor Sciortino moved the approval of Social Affair Permit submitted by the Bordentown Yacht Club for a special event to be held on April 1, 2023 from 7:00pm to 12:00am seconded by Deputy Mayor Myers. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} James E. Lynch, Jr } Absent} Mayor Sciortino moved the approval of Social Affair Permit submitted by the Bordentown Yacht Club for a special event to be held on April 22, 2023 from 7:00pm to 12:00am seconded by Deputy Mayor Myers. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} James E. Lynch, Jr } Absent} Mayor Sciortino read the Tax Collector’s Report for the month ending December 31, 2022, as follows: Mayor Sciortino read the Tax Collector’s Report for the month ending December 31, 2022, as follows: Commission Meeting January 9, 2023 2 Mayor Sciortino presented Resolution 2023-001 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-001 WHEREAS, the “Open Public Meetings Act” requires that advance written notice of all meetings of the Board of Commissioners of the City of Bordentown be posted in one public place designated by the Board of Commissioners and mailed, telephoned, telegrammed or hand delivered to two newspapers designated by resolution and mailed to all persons requesting a copy of same upon payment of an established fee. NOW, THEREFORE, BE IT RESOLVED this 9th day of January 2023 by the Board of Commissioners of the City of Bordentown as follows: 1. All advance written notices of meetings of the Board of Commissioners of the City of Bordentown shall be posted by the City Clerk on the bulletin board located in City of Bordentown Administration Building. 2. All advance written notices of said meetings shall be given to the following two newspapers: Burlington County Times The Times of Trenton 3. All advance written notices of said meetings throughout the year shall be mailed to all persons requesting a copy of same after payment by such persons of a fee of $25.00. News media shall not be exempt from such fee. 4. The schedule of meetings of the Board of Commissioners of the City of Bordentown for the ensuing year shall be in accordance with the notice annexed hereto, designating the dates, times and places of such meetings. BE IT FURTHER RESOLVED that at any or all of the meetings listed on the notice annexed hereto, an Executive Session may be held, at which the public shall be excluded from that portion of the meeting. NOTICE CITY OF BORDENTOWN NOTICE is hereby given by the City Clerk of the City of Bordentown that the following is a list of the regular meetings of the City Commissioners for calendar year 2023 and including the initial meeting of the next year 2024: REGULAR CITY MEETINGS All such meetings to be held at 7:00 PM at the Carslake Community Center, 207 Crosswicks Street, Bordentown, NJ 08505. Meetings will also be offered to the Public through the ZOOM Virtual Meeting Platform. Information and official meeting links will be published on the City’s official website at https://cityofbordentown.com/ Formal action may be taken at such meetings on any and all business involving the City: February 14, 2023 August 14, 2023 March 13, 2023 September 11, 2023 April 10, 2023 October 10, 2023 May 8, 2023 November 13, 2023 June 12, 2023 December 11, 2023 July 10, 2023 January 8, 2024 Mayor Sciortino moved the adoption and approval of Resolution 2023-001, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-002 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-002 IT IS HEREBY RESOLVED that the following appropriations be made by the Board of Commissioners of the City of Bordentown, County of Burlington and State of New Jersey covering the period of time extending from January 1 , 2023 to the adoption of the budget for the year 2023 pursuant to N.J.S. 40A:4-19 and the amendments thereto and supplements thereto to wit; and Commission Meeting January 9, 2023 3 Commission Meeting January 9, 2023 4 Commission Meeting January 9, 2023 5 Commission Meeting January 9, 2023 6 Mayor Sciortino moved the adoption and approval of Resolution 2023-002, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-003 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023- 003 IT IS HEREBY RESOLVED that the following 2022 Appropriation Transfers of Interdepartmental Accounts be and are hereby authorized and the Chief Municipal Finance Officer shall act accordingly; CITY OF BORDENTOWN BUDGET TRANSFERS CURRENT FUND BUDGET FROM TO Recreation: O/E 2-01-28-375-265 $ 10,000.00 Gasoline O/E: 2-01-31-460-200 $ 10,000.00 Tax Collection: O/E 2-01-20-145-200 $ 4,000.00 Assessment of Taxes: S&W 2-01-20-150-111 $ 2,300.00 Clerk O/E 2-01-20-120-200 $ 8,700.00 Legal Services: O/E 2-01-20-155-299 $ 15,000.00 TOTAL $ 25,000.00 $ 25,000.00 Mayor Sciortino moved the adoption and approval of Resolution 2023-003, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-004 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-004 RESOLUTION APPROVING THE PAYMENT OF BILLS BE IT RESOLVED this 9h day of January 2023 that the following purchases, contracts or agreements for the performance of any work or the furnishing or hiring of materials or supplies, which have either been awarded after competitive bidding, or are exempt from competitive bidding, or the cost or price of which, together with any other sums expended for the performance of any work or services in connection with the same immediate program, undertaking, activity or project, or the furnishing of similar materials or supplies during the same fiscal year paid with or out of public funds which does not or will not exceed the total sum of $44,000 in the current fiscal year, or in the case of purchases that are not annually recurring, in a period of one (1) year, be and the same are hereby approved for payment by the City of Bordentown. Commission Meeting January 9, 2023 7 Commission Meeting January 9, 2023 8 Mayor Sciortino moved the adoption and approval of Resolution 2023-004, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-005 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-005 BE IT RESOLVED this 9th day of January 2023 that the following persons be and the same are hereby appointed to the respective offices of the City of Bordentown for a term of office of one year, unless tenured, commencing January 1, 2023 and until their successors are appointed and qualified: Deputy Registrar of Vital Statistics Fallon Burress Secretary of the Board of Health Grace I. Archer BE IT FURTHER RESOLVED that the aforesaid City officials shall be compensated at the rate and in the manner as provided by the annual salary ordinance of the City of Bordentown. Mayor Sciortino moved the adoption and approval of Resolution 2023-005, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-006 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-006 BE IT RESOLVED that the Board of Commissioners of the City of Bordentown, County of Burlington, State of New Jersey does hereby designate City Clerk, Grace I. Archer, to be the Public Agency Compliance Officer for the City of Bordentown, 101 E. Park Street, Bordentown, NJ 08505 (Phone 609-298-0604 ext. 2); BE IT FURTHER RESOLVED that the Designation of Public Agency Compliance Officer form be filed with the Department of the Treasury, Contract Compliance Audit Unit, PO Box 236 Trenton, NJ 08625. Mayor Sciortino moved the adoption and approval of Resolution 2023-006, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-007 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-007 WHEREAS, N.J.S.A. 54:4-67 permits the governing body of each municipality to fix the rate of interest to be charged for non-payment of taxes or assessments; and, WHEREAS, N.J.S.A. 54:4-67 has been amended to permit the fixing of said rate of 8 percent (8%) per annum on the first $1,500.00 of the delinquency and 18 percent (18%) per annum on any amount in excess of $1,500.00 and allows an additional penalty of 6 percent (6%) to be collected against a delinquency in excess of $10,000.00 on properties that fail to pay the delinquency prior to the end of the calendar year; and, WHEREAS, N.J.S.A. 54:5-61 has been amended regarding the amount to be charged on account of a tax sale certificate when the taxes, interest, and costs shall exceed the sum of $5,000.00, such additional sum shall be equal to 4 percent (4%) of such amount paid; and when that sum exceeds $10,000.00 such additional sum shall be equal to 6 percent (6%) of such amount paid; said section also applies to all existing certificates held by the City of Bordentown on March 29, 1991, the effective date of the statutory amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 that: 1. The Tax Collector is hereby authorized and directed to charge 8 percent (8%) per annum on the first $1,500.00 of taxes becoming delinquent after due date and 18 percent (18%) per annum on any amount of taxes in excess of $1,500.00 becoming delinquent after due date and if a delinquency is in excess of $10,000.00 and remains in arrears beyond December 31st, an additional penalty of 6 percent (6%) shall be charged against the delinquency. 2. The Tax Collector is hereby authorized and directed to charge 4 percent (4%) penalty when taxes, interest, and costs of a tax sale certificate exceeds $5,000.00; and when the sum exceeds $10,000.00, the sum shall be equal to 6 percent (6%). Said section also applies to all existing certificates held by the City of Bordentown on March 29, 1991, the effective date of the statutory amendment. 3. There be a ten (10) day grace period of quarterly tax payments made by cash, check or money order. 4. A certified copy of this resolution shall be given to the Tax Collector and City Auditor for their records. Mayor Sciortino moved the adoption and approval of Resolution 2023-007, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-008 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-008 BE IT RESOLVED this 9th day of January 2023 by the Board of Commissioners of the City of Bordentown that the Tax Assessor of the City of Bordentown be and the same is hereby authorized to file rollback assessments, added and omitted assessments, tax appeals and the Assessor’s list of Corrections and Errors on behalf of the City of Bordentown Mayor Sciortino moved the adoption and approval of Resolution 2023-008, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-009 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-009 CASH MANAGEMENT PLAN Commission Meeting January 9, 2023 9 WHEREAS, this plan is established to comply with the requirements of N.J.S.A. 40A:5-14 and to provide a guide to municipal officials and employees in carrying out their duties concerning the receipt and disbursement of all funds of the City of Bordentown, County of Burlington. NOW, THEREFORE, BE IT RESOLVED that the following Cash Management Plan of the City of Bordentown be and hereby is adopted: a. The Board of Commissioners shall annually designate the legal depositories for all municipal funds. The resolution may be amended or supplemented from time to time, as the Board of Commissioners deems necessary. Such resolution (s) shall be deemed a part of the Cash Management Plan. b. The Board of Commissioners shall annually establish the required signatories to all municipal bank accounts. c. All municipal funds received by any official or employee shall be either deposited within 48 hours to an interest-bearing account in the name of the City of Bordentown, County of Burlington, or shall be turned over to the Treasurer within 48 hours of receipt. d. All revenues received by the Treasurer shall be deposited to interest bearing accounts in the legal depositories. e. The following funds shall not be required to be maintained in interest bearing accounts: 1. Change Funds 2. Petty Cash Funds 3. Payroll Funds 4. Trust Funds to the extent that the deposit of such funds to an interest-bearing account would require by law the payment of interest to the provider of funds. 5. Checking accounts established for the express purpose of paying bills approved by the governing body. The balances in these funds shall be kept at the minimum amount required for the orderly operation of the account. 6. Compensating balances maintained for the purpose of obtaining specific services from financial institutions. Such accounts shall be established only under terms of written agreements approved by the Board of Commissioners. f. The Tax Collector and Utilities Collector shall remit any funds collected to the Treasurer daily by way of direct deposit into a designated interest-bearing account. g. All municipal funds disbursed by the Treasurer must be approved by the Board of Commissioners. It shall be the responsibility of the Treasurer to analyze the cash flow and to invest funds in legal investments so as to maximize interest earnings. When investing funds in commercial banks, savings banks, savings and loan, etc., the Treasurer shall obtain a minimum of three quotations and shall invest at the institution offering the highest effective rate. The Treasurer shall determine which type of legal investment will best serve the needs of the municipality and is authorized to place the funds in any such legal investment, unless otherwise restricted by the governing body. The Treasurer shall report monthly all investment transactions as required by N.J.S.A. 40A:5-15.2 to the Board of Commissioners. Mayor Sciortino moved the adoption and approval of Resolution 2023-009, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-010 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-010 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that The Bank of Princeton be designated as the official depository for the following accounts: xxxx1014 Payroll Account xxxx1386 Trust Account xxxx0586 Parks and Recreation xxxx0578 Current Fund xxxx0594 Water Utility Fund xxxx1725 Dog Registration Account xxxx1717 Special Law Enforcement Account xxxx1709 Municipal Public Defender Trust xxxx1642 Unemployment Account xxxx1634 Anderson Family Mini Park Trust xxxx1626 Boston & Wells Performance Trust xxxx3259 The Reserve at Crosswicks xxxx3317 OD/NJ LLC Improvement Bond Escrow xxxx4042 Dunns Mill Road Industrial Cash Performance Bond xxxx4059 Dunns Mill Road Industrial Cash Maintenance Bond That all checks drawn on these accounts be signed by two of the three Commissioners, the Chief Finance Officer, and in the absence of a Commissioner or the Chief Financial Officer, the City Clerk be permitted as per signature cards on file with The Bank of Princeton. Mayor Sciortino moved the adoption and approval of Resolution 2023-010, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-011 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-011 BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that Investors Bank be designated as the official depository for the following account: xxxx5124 City of Bordentown Lien Redemption Account xxxx0927 Mercer Management and Dev. Inc Inspection Escrow That all checks drawn on this account be signed by one Commissioner, the Chief Municipal Finance Officer, and Certified Tax Collector as per signature cards on file with Investors Bank. Commission Meeting January 9, 2023 10 BE IT FURTHER RESOLVED by the Board of Commissioners of the City of Bordentown that Investors Bank be designated as the official depository for the following accounts: xxxx2477 City of Bordentown Municipal Court/General Account xxxx2496 City of Bordentown Municipal Court/Bail Account That all checks drawn on these accounts be signed by the Municipal Court Administrator or his/her designee and the Municipal Court Judge as per signature cards on file with Investors Bank. Mayor Sciortino moved the adoption and approval of Resolution 2023-011, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-013 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-013 GOVERNING BODY CERTIFICATION OF COMPLIANCE WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” WHEREAS, N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the governing body of each municipality and county to certify that their local unit’s hiring practices comply with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964,” as amended, 42 U.S.C. § 2000e et seq., (April 25, 2012) before submitting its approved annual budget to the Division of Local Government Services in the New Jersey Department of Community Affairs; and WHEREAS, the members of the governing body have familiarized themselves with the contents of the above- referenced enforcement guidance and with their local unit’s hiring practices as they pertain to the consideration of an individual’s criminal history, as evidenced by the group affidavit form of the governing body attached hereto. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the City of Bordentown, County of Burlington and State of New Jersey, hereby states that it has complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183, by certifying that the local unit’s hiring practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to cause to be maintained and available for inspection a certified copy of this resolution and the required affidavit to show evidence of said compliance. Mayor Sciortino moved the adoption and approval of Resolution 2023-013, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-014 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-014 APPOINTING CHARLES LATINI OF L & G PLANNING, LLC AS CITY PLANNER WHEREAS, there exists in the City of Bordentown a need for a licensed professional planner with experience in downtown development and redevelopment to tackle issues surrounding the redevelopment of the Ocean Spray site, parking in the downtown and various projects throughout the community that build on and strengthen its historic charm while recognizing the need to make appropriate adjustments; and WHEREAS, Charles Latini is a licensed professional planner with L & G Planning LLC and has a unique knowledge and understanding of the City of Bordentown; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq. requires that the Resolution authorizing the award of contract for “Professional Services” without competitive bids and the resulting contract must be available for public inspection; and WHEREAS, the Local Public Contracts Law further requires that a Notice of the award of the contract be printed as a legal advertisement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 as follows: 1. Charles Latini of L & G Planning LLC of West Trenton, New Jersey be and the same is hereby appointed as City Planner for the City of Bordentown. The appointment is for a term of one year commencing January 1, 2023. 2. This contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5 (1)(a) of the Local Public Contracts Law because said contract encompasses a professional service recognized and regulated by law. It is awarded under a process that does not require or permit certain political contributions to be made. 3. The Mayor and City Clerk are hereby authorized and directed to execute the Contract and Agreement with Charles Latini of L & G Planning LLC of West Trenton. 4. Notice of this action shall be published once as a legal advertisement in the official newspaper of the City of Bordentown within ten days of its adoption. Mayor Sciortino moved the adoption and approval of Resolution 2023-014, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-015 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-015 APPOINTING MICHAEL HOLT, CPA, RMA, PSA OF HOLT MCNALLY & ASSOCIATES AS MUNICIPAL AUDITOR Commission Meeting January 9, 2023 11 WHEREAS, there exists in the City of Bordentown a need for a Municipal Auditor to perform necessary, professional services for the City; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq requires that the Resolution authorizing the award of contract for “Professional Services” without competitive bids and the resulting contract must be available for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 as follows: 1. Michael Holt, CPA, RMA, PSA of Holt McNally & Associates of Medford, New Jersey be and the same is hereby appointed as Municipal Auditor for the City of Bordentown. The appointment is for a term of one year from January 1, 2023. 2. This contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because said contract encompasses a professional service recognized and regulated by law. 3. It is awarded under a process that does not require or permit certain political contributions to be made. 4. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement with Michael Holt, CPA, RMA, PSA of Holt McNally & Associates for municipal auditing services et al. 5. Notice of this action shall be published once as a legal advertisement in the official newspaper of the City of Bordentown within ten days of its adoption. Mayor Sciortino moved the adoption and approval of Resolution 2023-015, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-016 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-016 APPOINTING THE FIRM OF MALAMUT & ASSOCIATES MUNICIPAL BOND COUNSEL WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds and bond anticipation notes in the City of Bordentown, in the County of Burlington, New Jersey (the “City”), including the review of such procedures and the rendering of approving legal opinions acceptable to the financial community; and WHEREAS, such special legal services can be provided by a recognized bond counsel firm, and the law firm of Malamut & Associates is so recognized by the financial community; and WHEREAS, the contract is to be awarded under a process that does not require or permit certain political contributions to be made; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., requires that notice with respect to contracts for professional services awarded without competitive bids must be publicly advertised. NOW, THEREFORE, BE IT RESOLVED this 9th day of January 2023 by the Board of Commissioners of the City of Bordentown, in the County of Burlington, New Jersey, as follows: 1. The law firm of Malamut & Associates is hereby retained to provide the specialized legal services necessary in connection with the authorization and the issuance of bonds and notes by the City in accordance with a Fee Agreement (“Contract”) submitted to the governing body of the City. The appointment is for a term of one year from January 1, 2023. 2. The Contract is awarded without competitive bidding as a “professional service” in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a), because it is for services performed by persons authorized by law to practice a recognized profession. It is awarded under a process that does not require or permit certain political contributions to be made. 3. A copy of this resolution as well as the Contract shall be placed on file with the Clerk of the City. 4. Notice of this action shall be published once as a legal advertisement in the official newspaper of the City of Bordentown within ten days of its adoption. Mayor Sciortino moved the adoption and approval of Resolution 2023-016, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-017 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-017 AUTHORIZE A CONTRACT FOR A MARKET MANAGER FOR THE BORDENTOWN CITY FARMERS’ MARKET WHEREAS, the Board of Commissioners adopted Ordinance 2010-06 on May 10, 2010 creating Chapter 157 of the Code of the City of Bordentown Entitled, “Farmers’ Market”; and WHEREAS, Chapter 157-4(a) states that the farmers’ market shall be under the supervision of the City of Bordentown and managed by a group of volunteers from Bordentown City and that the City shall establish and enforce any rules and regulations relative to the farmers’ market; and WHEREAS, Chapter 157-4(b) states that the City may, at its discretion, employ or contract with an individual or firm to serve as a Market Manager and Assistant to the Market Manger whose duties and responsibilities shall include oversight operation of the farmers’ market; and WHEREAS, the Board of Commissioners have sought the services of a Market Manager through the application process and, after review of the applications submitted, desire to contract with Yasmin Qazilbash to serve as the Market Manager for the Bordentown City Farmers’ Market for the calendar year 2023. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that it does hereby authorize the Contractual Agreement between the City of Bordentown and Yasmin Qazilbash to serve as the Bordentown City Farmers’ Market Manager for the Calendar Year 2023 at an annual stipend as negotiated with the Board of Commissioners. Commission Meeting January 9, 2023 12 Mayor Sciortino moved the adoption and approval of Resolution 2023-017, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-018 for adoption and approval as follows: Mayor Sciortino moved the adoption and approval of Resolution 2023-018, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino made the following Committee appointments: Bordentown City Water Advisory Board Term Expires: December 31, 2025 Deputy Mayor Joe Myers John Walls Grace Archer Mike James Robert Farina Michael Theokas Ellen Gulbinsky William Hartz BC Planning Board Class IV – Alternate #1 – Two Year Term Expire 2024 – Justin Braz DEPUTY MAYOR MYERS, DIRECTOR OF PUBLIC PROPERTY, STREETS AND WATER Deputy Mayor Myers, Director of Public Property, Streets and Water, presented Resolution 2023-019 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-019 APPOINTING THE FIRM OF REMINGTON & VERNICK ENGINEERS AS WATER UTILITY AND MUNICIPAL ENGINEER WHEREAS, there exists a need for the services of a professional engineer to serve as Water Utility Engineer and Municipal Engineer for City projects; and WHEREAS, funds are available for this purpose; and WHEREAS, the contract is to be awarded under a process that does not require or permit certain political contributions to be made; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq. requires that the Resolution authorizing the award of contract for “professional services” without competitive bids and the resulting contract must be available for public inspection; and WHEREAS, the Local Public Contracts Law further requires that a Notice of the award of the contract be printed as a legal advertisement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 as follows: 1. Remington & Vernick Engineers be and the same is hereby appointed as Water Utility and Municipal Engineer for the City of Bordentown. The appointment is for a one-year term commencing January 1, 2023. 2. This contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-1 et seq. of the Local Public Contracts Law because said contract encompasses a professional service recognized and regulated by law. It is awarded under a process that does not require or permit certain political contributions to be made. 3. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Remington & Vernick Engineers. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-019, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-020 for adoption and approval as follows: CITY OF BORDENTOWN Commission Meeting January 9, 2023 13 RESOLUTION 2023-020 APPOINTING LAW FIRM OF MALAMUT & ASSOCIATES WATER UTILITIES COUNSEL WHEREAS, there exists a need for the services of an attorney at law to serve as water utility counsel for the City of Bordentown; and WHEREAS, funds are available for this purpose; and WHEREAS, the contract is to be awarded under a process that does not require or permit certain political contributions to be made; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq. requires that the Resolution authorizing the award of contract for “professional services” without competitive bids and the resulting contract must be available for public inspection; and WHEREAS, the Local Public Contracts Law further requires that a notice of the award of the contract be printed as a legal advertisement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 as follows: 1. The Law Offices of Malamut & Associates, be and the same is hereby appointed as counsel for the City of Bordentown Water Department. The term of appointment is effective January 1, 2023 and shall be for a term of one year. 2. This contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5(l)(a) of the Local Public Contracts Law because said contract encompasses a professional service recognized and regulated by law. It is awarded under a process that does not require or permit certain political contributions to be made. 3. The Mayor and City Clerk are hereby authorized and directed to execute the professional services agreement. 4. Notice of this action shall be published once as a legal advertisement in the official newspaper of the City of Bordentown within ten days of its adoption. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-020, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-021 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-021 AGREEMENT BETWEEN THE CITY OF BORDENTOWN AND THE BURLINGTON COUNTY BOARD OF COMMISSIONERS FOR THE USE OF THE CARSLAKE COMMUNITY CENTER FOR THE BURLINGTON COUNTY NUTRITION PROJECT FOR THE ELDERLY WHEREAS, the Burlington County Board of Commissioners sponsors a Burlington County Nutrition Project for the Elderly via the Burlington County Office On Aging; and, WHEREAS, the Burlington County Office On Aging has been operating a Nutritional and Recreational Center for Senior Citizens of Burlington County in the City of Bordentown for several years; and, WHEREAS, this service has provided the senior citizens of our City and surrounding area with an essential nutrition program as well as a recreational opportunity which has become an important event in the lives of many of our senior citizens; and, WHEREAS, the Board of Commissioners of the City of Bordentown desire to retain the Nutritional and Recreational Center for Senior Citizens of Burlington County within the City for the convenience of our seniors. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown to enter into an Agreement with the Burlington County Board of Commissioners to host the Nutritional and Recreational Center for Senior Citizens of Burlington County at the Carslake Community Center. Said Agreement will be renewable on an annual basis. BE IT FURTHER RESOLVED that the Mayor of the City of Bordentown be and is hereby authorized and directed to execute the Agreement between the Board of Commissioners and the City of Bordentown effective January 1, 2023. BE IT FURTHER RESOLVED that the Bordentown City Clerk be and is hereby authorized and directed to attest to the signature of the Mayor of the City of Bordentown and to affix on the execution counterparts of the Agreement, the official seal of the City of Bordentown Mayor Myers moved the adoption and approval of Resolution 2023-021, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-022 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-022 AUTHORIZE SUBMISSION OF GRANT APPLICATION LOCAL RECREATION IMPROVEMENT GRANT FY2023 WHEREAS, Governor Phil Murphy has appropriated $25 million in the FY2023 budget for the Local Recreation Improvement Grant to support improvement and repairs to public recreation facilities; and WHEREAS, the Department of Community Affairs (“DCA”), through the Division of Local Government Services (“DLGS” or “Division”), has offered a Local Recreation Improvement Grant for FY2023 that supports improvement and repair of public recreation facilities; and WHEREAS, the Board of Commissioners of the City of Bordentown desires to apply for and obtain a grant from the New Jersey Department of Community Affairs through the NJDCA SAGE Portal in an amount not to exceed the initial maximum per local unit eligibility amount of $100,000 (unless awards in excess are authorized) to carry out a project to provide for safety enhancements to the Second Street Park and Playground. Commission Meeting January 9, 2023 14 BE IT, THEREFORE, RESOLVED this 9th day of January 2023 that the Board of Commissioners of the City of Bordentown, County of Burlington, and State of New Jersey: 1) does hereby authorize the application for such a grant; and, 2) recognizes and accepts that the Department may offer a lesser or greater amount; and 3) upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and 4) also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Board of Commissioners of the City of Bordentown and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith: Joseph D. Myers, Deputy Mayor __________________________________________ Signature Margaret M. Peak, Admin/CFO __________________________________________ Signature Deputy Mayor Myers moved the adoption and approval of Resolution 2023-022, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers advised that the street sweeper normally does not run this time of year due to cooler weather conditions, however since it has been warmer than normal the sweeper has been operating and no tickets are being issued. Deputy Mayor Myers expressed his gratitude to John Walls, Ed Foley and other Water Department personnel for always being there for emergencies and water leaks, especially when it has been sometimes a matter of sacrificing holidays and special occasions, noting that on Christmas Eve they were called away from their families attending to an emergency water leak that had occurred and took eight hours for repair. COMMISSIONER LYNCH, DIRECTOR OF PUBLIC SAFETY AND AFFAIRS Commissioner Lynch, Director of Public Safety and Affairs, gave the Police Report detailing the activities of the Department from December 10 to January 6, 2023. Commissioner Lynch moved the approval of the Application of Membership in the NJ State Firemen’s Association for Franklin E. Engler of Consolidated Fire Association, seconded by Mayor Sciortino. Motion carried. Commissioner Lynch moved the approval of a Special Law Enforcement Class I Officer appointment for Peter J. Sedor, seconded by Deputy Mayor Myers. Motion carried. Commissioner Lynch presented Resolution 2023-023 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-023 AUTHORIZE EXECUTION OF RELEASE AND INDEMNIFICATION WITH BURLINGTON COUNTY BOARD OF COMMISSIONERS FOR CY2023 FOR USE OF COUNTY RIGHT OF WAYS WITHIN THE CITY OF BORDENTOWN WHEREAS, the Board of Commissioners wishes to enter into a Release and Indemnification Agreement (”Agreement”) with the Burlington County Board of Commissioners; and WHEREAS, the execution of said Agreement is necessary for the many seasonal events that take place here in the City of Bordentown on or near the Burlington County Right of Ways, i.e., Crosswicks, Burlington, and Park Streets; and WHEREAS, the Bordentown City Police Department has provided the Board of Commissioners with a listing of known special events which will occur on or near the Burlington County Right of Ways. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that it does hereby authorize the Mayor and City Clerk to execute the Release and Indemnification Agreement with the Burlington County Board of Commissioners for CY2023. Commissioner Lynch moved the adoption and approval of Resolution 2023-023, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-024 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-024 AUTHORIZING THE UTILIZATION OF TOW COMPANIES IN ACCORDANCE WITH THE CODE OF THE CITY OF BORDENTOWN, CHAPTER 259 ENTITLED “TOWING OF VEHICLES" WHEREAS, the City of Bordentown adopted Ordinance 2001-10 creating Chapter 259 entitled “Towing of Vehicles” as amended and supplemented thereto; and, WHEREAS, in accordance with the regulations set down in Chapter 259 of the Code of the City of Bordentown, several tow companies have submitted proposals for review by the City of Bordentown Police Department, more specifically, the Director of Public Safety and Affairs; and WHEREAS, the Director of Public Safety and Affairs has reviewed said applications and found them to be in compliance with Chapter 259, as amended and supplemented, of the Code of the City of Bordentown entitled “Towing of Vehicles”. NOW, THEREFORE, BE IT RESOLVED this 9th day of January 2023, that for the period beginning January 1, 2023 and expiring on December 31, 2023 the following tow companies are hereby authorized to act as agents of the City of Bordentown within the guidelines of Chapter 259 of the Code of the City of Bordentown: 1. Hamilton Auto Clinic LLC, 1405 Kuser Road, Hamilton, NJ 2. Johnson Specialized Towing, 228 Rt. 130, Bordentown, NJ Commission Meeting January 9, 2023 15 3. Affordable Towing, 346 Bunting Avenue, Hamilton, NJ 4. Haines Towing Inc., 240 Route 130 So., Bordentown, NJ Commissioner Lynch moved the adoption and approval of Resolution 2023-024, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-012 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-012 ADOPTING A POLICY IN COMPLIANCE WITH THE DRUG FREE WORKPLACE ACT WHEREAS, in 1989 the governing bodies of the City of Bordentown and the Township of Bordentown had adopted ordinances establishing and recognizing a Municipal Alliance known as Bordentown Residents Against Drugs (B.R.A.D.) indicating their support for the Municipal Alliance Program; and, WHEREAS, as a result, more than $175,000 from the Governor’s Council on Alcoholism and Drug Abuse has been used directly in the community to combat drug and alcohol abuse through awareness and prevention programs; and, WHEREAS, each municipality participating in the program must comply with the Drug Free Workplace Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that it does hereby certify that it will provide a drug free workplace by: (a) Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug free awareness program to inform employees; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing within ten calendar days after receiving notice under subparagraph (d) (2); (f) Taking one of the following actions, within thirty (30) calendar days after receiving notice under subparagraph (d) (2), with respect to any employee who is convicted: (1) Taking appropriate personnel action against such employees, up to and including termination; or (2) Requiring such employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program; and, BE IT FURTHER RESOLVED that no person shall, on the grounds of race, color, national origin, age, sex, religion or handicap be excluded from participation in or be subjected to discrimination in any activity funded in whole or in part by the State of New Jersey. Commissioner Lynch moved the adoption and approval of Resolution 2023-012, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-025 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-025 THE PARTICIPATION OF THE BORDENTOWN CITY POLICE DEPARTMENT IN A JOINT INTERLOCAL SERVICES AGREEMENT WITH THE TOWNSHIPS OF BORDENTOWN, MANSFIELD, CHESTERFIELD, NORTH HANOVER, AND SPRINGFIELD FOR EXTRA DUTY ASSIGNMENTS OF POLICE OFFICERS WHEREAS, Mansfield Township, Bordentown Township, Bordentown City, Chesterfield Township, North Hanover Township, and Springfield Township are neighboring Townships in the northern Burlington County; and WHEREAS, their Police Departments provide traffic control and other off-duty police services to third parties; and WHEREAS, the municipalities often rely upon each other for additional officers to provide such services to third parties; and WHEREAS, the City of Bordentown has entered into an Interlocal Services Agreement with the aforementioned Townships which requires annual renewal; and WHEREAS, the Bordentown City Police Department agrees to accept the rate in effect for off-duty police services to third parties of the municipality in which the officer is providing services; and WHEREAS, the City of Bordentown wishes to renew the Interlocal Services Agreement in accordance with its terms until December 31, 2023. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown, County of Burlington and State of New Jersey that it does hereby sanction and authorize the Bordentown City Police Department to participate in an Interlocal Services Agreement with the aforementioned neighboring Townships; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to notify the Townships of Bordentown, Mansfield, Chesterfield, North Hanover and Springfield that it does authorize the amendment of the Interlocal Services Agreement for the ensuing year and provide each Township with a certified copy of this Resolution. Commissioner Lynch moved the adoption and approval of Resolution 2023-025, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-026 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-026 APPOINTING FIRM OF PARKER MCCAY PA MUNICIPAL ATTORNEY Commission Meeting January 9, 2023 16 WHEREAS, there exists in the City of Bordentown a need for an attorney at law to perform necessary, professional services for the City; and WHEREAS, funds are available for this purpose; and WHEREAS, the contract is to be awarded under a process that does not require or permit certain political contributions to be made; and WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq. requires that the Resolution authorizing the award of contract for “Professional Services” without competitive bids and the resulting contract must be available for public inspection; and WHEREAS, the Local Public Contracts Law further requires that a Notice of the award of the contract be printed as a legal advertisement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 9 th day of January 2023 as follows: 1. The firm of Parker McCay P.A. of Mt. Laurel, New Jersey be and the same is hereby appointed as Municipal Attorneys for the City of Bordentown. The appointment is for a term of one year commencing January 1, 2023. 2. This contract is awarded without competitive bidding as a “professional service” in accordance with N.J.S.A. 40A:11-5 (1)(a) of the Local Public Contracts Law because said contract encompasses a professional service recognized and regulated by law. It is awarded under a process that does not require or permit certain political contributions to be made. 3. The Mayor and City Clerk are hereby authorized and directed to execute the Contract and Agreement with the firm of Parker McCay P.A. 4. Notice of this action shall be published once as a legal advertisement in the official newspaper of the City of Bordentown within ten days of its adoption. Commissioner Lynch moved the adoption and approval of Resolution 2023-026, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-027 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-027 RISK MANAGEMENT CONSULTANT BURLINGTON COUNTY MUNICIPAL JOINT INSURANCE FUND WHEREAS, the Governing Body of the City of Bordentown is a member of the Burlington County Municipal Joint Insurance Fund, a self-insurance pooling fund, and; WHEREAS, the Bylaws of said Fund allow each municipality to appoint a RISK MANAGEMENT CONSULTANT to perform various professional services as detailed in the Bylaws and; WHEREAS, the JIF Bylaws indicate a fee not to exceed six percent (6%) of the municipal assessment which expenditure represents reasonable compensation for the services required and was included in the cost considered by the governing body and; WHEREAS, N.J.S.A. 40A:11-5 (1) (m), specifically exempts the hiring of insurance consultants from competitive bidding as an extraordinary unspecifiable service; and WHEREAS, the experience, knowledge of public insurance and risk management issues and judgmental nature required of a Risk Management Consultants are clearly an extraordinary unspecifiable service which therefor render competitive bidding impractical. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Bordentown does hereby appoint The Barclay Group its Risk Management Consultant in accordance with 40A:11-5 and; BE IT FURTHER RESOLVED that the governing body is hereby authorized and directed to execute the Consultant’s Agreement annexed hereto and to cause a notice of this decision to be published according to NJSA 40A:11-5 (1), (a), (i). Commissioner Lynch moved the adoption and approval of Resolution 2023-027, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-028 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-028 APPOINTING DEPUTY EMERGENCY MANAGEMENT COORDINATOR BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that Brian A. Maugeri, Sr. be and is hereby appointed as Deputy Emergency Management Coordinator for the City of Bordentown; and, BE IT FURTHER RESOLVED that said appointment shall expire on the 31st of December 2023. Commissioner Lynch moved the adoption and approval of Resolution 2023-028, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-029 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-029 RESOLUTION AUTHORIZING AND APPROVING A SHARED SERVICES AGREEMENT FOR POLICE CAR LETTERING BETWEEN THE CITY OF BORDENTOWN AND THE TOWNSHIP OF BORDENTOWN WHEREAS, the City of Bordentown desires to renew its contract with the Township of Bordentown for the provision of police car lettering on City police vehicles; and WHEREAS, the Township of Bordentown has agreed to provide these services to the City at prices listed in the Agreement; and WHEREAS, such agreements are authorized pursuant to N.J.S.A. 40A:65-1 et seq; and Commission Meeting January 9, 2023 17 WHEREAS, this agreement is in the best interest of the City of Bordentown. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown, in the County of Burlington, State of New Jersey, that the renewal of the Shared Services Agreement between the City of Bordentown and the Township of Bordentown as stated above is authorized and accepted. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any and all related documents necessary to complete this agreement for Shared Services. BE IT FURTHER RESOLVED that a copy of this resolution and agreement shall be forwarded to the Director of the Division of Local Government Services pursuant to N.J.S.A. 40A:65-4(3)b. Commissioner Lynch moved the adoption and approval of Resolution 2023-029, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch shared some insight into addressing some property issues whereby the City has engaged its Solicitor Richard Hunt, the Burlington County Board of Health and the City Engineer to investigate and provide appropriate information to enable the City to move forward with demolition or abatement of the following properties: 15 Farnsworth Avenue 47 West Street 304 Borden Street 107 Elizabeth Street 137 Elizabeth Street The City will be taking steps to board up the properties where needed and make them safe. He noted that there are potential buyers for a few of the properties and asked residents to be patient as this process moves along. City resident Kathy Dawson inquired about 15 Farnsworth Avenue with its many unsafe issues, etc. and Commissioner Lynch addressed her questions and concerns providing a history of the families that lived in that home and are especially saddened to see that it has deteriorated so badly; noting that it is a piece of Bordentown’s history. Farnsworth Avenue resident, George Gonzales thanked the City for taking these steps and asked if tarps could be used to prevent further water damage. Commissioner Lynch stated that there were approximately 50 windows to be boarded up and that would be done within the next few days to secure the property. Mayor Sciortino opened the meeting for public comment. Present this evening were residents, members of the Hope Hose Fire Company and employees of the Bordentown EMS (a shared service with Bordentown Twp. as the lead agency) to discuss the Township’s desire to privatize the EMS by signing a contract with Robert Wood Johnson/Barnabas in Hamilton, NJ. Commissioner Lynch reviewed the history of the creation of the Bordentown EMS with both the City and Township providing ambulances and related expenses to maintain an emergency medical response for the City Township and Fieldsboro. Points of the discussion included:  Independence of ambulance service; financially doable?  Contract with RWJ/Barnabas; is contract signed or still in negotiations?  RWJ/Barnabas advertising for job openings; current EMS personnel losing their jobs.  Joint meeting on Jan. 11 with Township, City and Union representatives for further discussion  Commissioner Lynch is dedicated to preserving EMS service and standing behind the personnel who may be affected but must consider the overall picture on whether it can be sustained financially by the City. More specific questions and statements from the public included:  Why was there a financial shortage and why did; City unsure of cause and are looking toward a possible audit to try to determine.  Disappointment social media commentary and concerned about response time; City understands and will present facts and figures as they are determined, looking for ambulances to be housed locally and not respond from RWJ/Barnabas location.  Gene Zeiss under impression RWJ/Barnabas there is talk of only fulltime EMS personnel and no parttime; City responded that contracts and billing will be looked at to clarify financial obligations; City considering providing services on its own, but what do you do about Township residents.  Brenna Jobes expressed happy to hear there is open communication and suggests including response time for emergencies in discussion on Jan. 11; Robert Carr added that meeting on Jan. 11 is a closed meeting and is happy that Commissioner Lynch “will have a seat at the table”.  Greg Taylor spoke on his 40+ career as a Mercer County paramedic and importance of response to emergencies, dedication, and comparable wages.  Dan Aubrey asked if there was a timeline; Commissioner Lynch did not indicate a specific deadline, but stated the issue needed to be resolved as timely as possible.  Jen Koeller, Acting Supervisor for Bordentown EMS, stated she was told in June 2021 there would be no additional hiring of fulltime personnel.  Kathy Dawson stated that the public needed to see numbers, statistics to support decisions.  Deb Branson was concerned about destination choices for patients, advocates for more administration involvement for the City.  There continued to be discussion on loss of wages, benefits, response time, what happens to current employees, etc.  Commissioner Lynch asked that he be provided as much information from the EMS personnel to take with him to the meeting on Jan. 11; reassuring that this is not a “done deal” and there would be more detailed information made available to the public. There were no further questions or comments, and Mayor Sciortino closed the public portion of the meeting. With no further business to conduct, Mayor Sciortino moved for adjournment, seconded by Commissioner Lynch. Motion carried. ATTEST: ADJOURNED, Commission Meeting January 9, 2023 18 CITY CLERK COMMISSIONERS Commission Meeting January 9, 2023 19

Agenda

Meeting – January 9, 2023 CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE SUNSHINE ANNOUNCEMENT ROLL CALL APPROVAL OF MINUTES: Commission Meeting December 12, 2022 COMMUNICATIONS The City Clerk presented the following communication: 1. Leon Stanley – Request for Bordentown City Porchfest on Saturday, May 6 th from Noon until 5:00pm (rain date May 7) 2. Mark Neurohr-Pierpaoli – Request to do “Irishtown History Pub Crawl” on Saturday, March 18, 2023 from Noon to 4:00PM 3. Mike Scharibone on behalf of the DBA – Request permission for 5K St. Patrick’s Day Run from 8am to 12pm (replaces 5k Fun Run by previous organization) 4. Mike Scharibone on behalf of Old Town Pub and Toscano’s – Permission to close Municipal Parking Lot between Farnsworth Avenue and Second Street from 12pm until 8pm for music and food event open to the public with private security provided. Motion to Approve: Second: MAYOR SCIORTINO, DIRECTOR OF REVENUE AND FINANCE Proclamation Radon Action Month Proclamation Bordentown School Choice Week Motion to Approve/Deny: Approve Social Affair Permit for Bordentown Yacht Club on April 1, 2023 from 7:00PM to 12:00AM Motion to Approve/Deny: Approve Social Affair Permit for Bordentown Yacht Club on April 22, 2023 from 7:00PM to 10:00PM Treasurer’s Report Month Ending December 31, 2022 Tax Collector’s Report Month Ending December 31, 2022 Resolution 2023-001 Open Public Meetings Act – Setting dates and time of Commission Meetings Resolution 2023-002 Adopt 2023 Temporary Municipal Budget Resolution 2023-003 2022 Budget Interdepartmental Transfers Resolution 2023-004 Approving Payment of Bills Resolution 2023-005 Appointing Registrar of Vital Statistics, Deputy Registrar – F. Burress and Secretary of the Board of Health – G. Archer Resolution 2023-006 Appoint City Clerk Grace I. Archer as Public Agency Compliance Officer (Affirmative Action Compliance) Resolution 2023-007 Authorizing Interest Rates on Delinquent Taxes Resolution 2023-008 Authorizing Tax Assessor to File Rollback Assessments, Added and Omitted Assessments, Tax Appeals and Assessor’s List of Correction and Errors Resolution 2023-009 Establishing A Cash Management Plan for The City of Bordentown Resolution 2023-010 Designating Bank of Princeton as Official Depository for Municipal Funds and Authorizing Signatures for Same Resolution 2023-011 Designating Investors Bank as Official Depository for Municipal Court Funds, Tax Collector’s Lien Redemption Account and Authorizing Signatures for Same Resolution 2023-013 Certification of Compliance with Equal Employment Opportunity Practices Resolution 2023-014 Appointing Charles Latini of L & G Planning, LLC as City Planner Resolution 2023-015 Appoint Michael Holt, CPA of Holt McNally & Associates, PC – Municipal Auditor Resolution 2023-016 Appoint Malamut & Associates – Bond Counsel Commission Meeting January 9, 2023 2 Resolution 2023-017 Authorize the Hiring of Yasmin Qazilbash as Market Manager for the Bordentown City Farmers’ Market Season 2023 Resolution 2023-018 Authorize Tax Overpayment Refund for Block 1101, Lot 25 APPOINTMENTS TO BOARDS/COMMITTEES/COMMISSIONS: Bordentown City Water Advisory Board Term Expires: December 31, 2025 Deputy Mayor Joe Myers John Walls Grace Archer Mike James Robert Farina Michael Theokas Ellen Gulbinsky William Hartz BC Planning Board Justin Braz Class IV – Alternate #1 – Two Year Term Expire 2024 DEPUTY MAYOR MYERS, DIRECTOR OF PUBLIC PROPERTY, STREETS AND WATER Resolution 2023-019 Appoint Firm of Remington Vernick Engineers as Municipal and Water Utility Engineers Resolution 2023-020 Appoint Malamut & Associates – Water Utilities Counsel Resolution 2023-021 Agreement with Burlington County for Carslake Community Center Rental for Senior Nutrition Program Calendar Year 2023 Resolution 2023-022 Authorizing Submission of Application for the “Local Recreation Improvement Grant FY2023” Public Works/Water Utility Updates COMMISSIONER LYNCH, DIRECTOR OF PUBLIC SAFETY AND AFFAIRS Police Report Detailing Activities: December 11 – January 8, 2023 Motion to Approve: Membership in NJ State Firemen’s Association – Application of Franklin E. Engler of Consolidated Fire Association Appointment: Special Law Enforcement Officer, Class I – Peter J. Sedor Resolution 2023-023 Authorize Execution of Release and Indemnification w/Burlington County for CY2023 Use of County Right of Ways Within the City of Bordentown Resolution 2023-024 Authorize Utilization of Tow Companies Commission Meeting January 9, 2023 3 Resolution 2023-012 Adopt Policy in Compliance with Drug Free Workplace Act Resolution 2023-025 Interlocal Services Agreement – Police Off Duty Resolution 2023-026 Appointing firm of Parker McCay, PA as Municipal Attorney Resolution 2023-027 Appoint Risk Management Consultant – The Barclay Group Resolution 2023-028 Appoint Deputy Emergency Mgmt. Coordinator – Brian A. Maugeri, Sr. Resolution 2023-029 Authorizing Shared Service Agreement with Bordentown Township for Police Car Lettering Public Comment Commission Meeting January 9, 2023 4

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