Board of Commissioners

BORDENTOWN, NEW JERSEY JANUARY 8, 2024 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 Acting City Clerk Jennifer M. Smith followed by the Pledge of Allegiance. Acting City Clerk Jennifer M. Smith read for the record the Open Public Meetings Notice that adequate notice of the meeting had been given in the form of annual notice, adopted by the Governing Body, which was immediately posted upon the City’s Clerk’s Office, Bordentown City Hall and disseminated within seven (7) days of passage to the Burlington County Times and the Times of Trenton. 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 11, 2023, seconded by Mayor Sciortino. Motion carried. MAYOR SCIORTINO, DIRECTOR OF REVENUE AND FINANCE Mayor Sciortino, Director of Revenue and Finance, read the Treasurer’s Report for the month ending December 31, 2023, as follows:  Mayor Sciortino read the Tax Collector’s Report for the month ending December 31, 2023, as follows: DECEMBER 2023 CURRENT MONTH YEAR TO DATE Current Taxes $ 111,954.68 11,933,367.18 Deposit in Transit 1,846.63 Returned Check Fee 100.00 Delinquent Taxes $ - 365,953.04 6% Penalty Prepaid Taxes $ 34,679.50 68,451.37 Interest $ 5,098.82 66,649.86 In Lieu of Taxes - Special Charges $ - 1,157.86 Redeemed Municipal Lien 1,437.15 Redeemed Municipal Lien Interest 203.99 Redeemed Municipal Lien Cost Tax Sale - Prior Costs $ - 905.94 Tax Sale Costs $ - 208.23 Tax Sale Water $ - 373.56 Tax Sale Premium $ - 6,500.00 Duplicate Tax Bill Fee $ - 66.00 TOTAL $ 151,733.00 $ 12,447,220.81 Redeemed Outside Lien $ - 317,547.75 Redeemed Outside Lien Interest $ - 15,714.38 Redeemed Outside Lien Cost $ - 10,927.33 TOTAL ALL RECEIPTS $ 151,733.00 12,791,410.27 Jennifer M. Smith 12/31/2023 Jennifer M. Smith, CTC Date Tax Collector Mayor Sciortino presented Resolution 2024-001 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-001 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 8th day of January 2024 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. Commission Meeting January 8, 2024 2  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 Mayor Sciortino moved the adoption and approval of Resolution 2024-001, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-002 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-002 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 , 2024 to the adoption of the budget for the year 2024 pursuant to N.J.S. 40A:4-19 and the amendments thereto and supplements thereto to wit; and Mayor Sciortino moved the adoption and approval of Resolution 2024-002, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-003 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-003 IT IS HEREBY RESOLVED that the following 2023 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 FROM TO FUND BUDGET Police: Salary & Wages 3-01-252-240-111 $ 5,000.00 Police: O & E 3-01-25-240-299 $ 5,000.00 Clerk’s O & E 3-01-20-120-299 $ 10,000.00 Legal Services 3-01-20-155-299 $ 10,000.00 Shade Tree O & E 3-01-26-313-299 $ 7,000.00 Parks & Recreations 3-01-28-375-200 $ 4,000.00 $ 11,000.00 Beach S & W 3-01-28-380-11 $ 230.00 Beach Maintenance 3-01-28-380-299 $ 230.00 Clerk’s S & W $ 8,0500.00 3-01-20-120-111 Sanitary Landfill Fees $ 8,050.00 3-01-32-465-228 TOTAL $ 34,280.00 $ 34,280.00 Mayor Sciortino moved the adoption and approval of Resolution 2024-003, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-004 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-004 RESOLUTION APPROVING THE PAYMENT OF BILLS BE IT RESOLVED this 8th day of January 2024 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 8, 2024 3 Commission Meeting January 8, 2024 4  Mayor Sciortino moved the adoption and approval of Resolution 2024-004, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-005 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-005 RESOLUTION OF REAPPOINTMENT OF MARAGARET M. PEAK TO THE POSITION OF CHIEF MUNICIPAL FINANCE OFFICER AND THE ESTABLISHMENT OF TENURE WHEREAS, Margaret M. Peak was duly appointed and confirmed to the position of Chief Municipal Finance Officer on October 19th, 2020 for a (3) year term in accordance with N.J.S.A. 40A:9-140 et. seq.; and WHEREAS, Margaret M. Peak is and has been certified as a Chief Municipal Finance Officer and has satisfied the continuing education requirements for said certification; and WHEREAS, the Board of Commissioners is desirous of reappointing Margaret M. Peak as Chief Municipal Finance Officer for the City of Bordentown effective January 1, 2024; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the City of Bordentown, County of Burlington, State of New Jersey as follows: 1. Margaret M. Peak, CMFO is hereby appointed to the position of Chief Municipal Finance Officer for the City of Bordentown effective January 1, 2024. 2. Margaret M. Peak, CMFO is and has upon this reappointment attained tenure pursuant to N.J.S.A. 40A:9-140, et. seq. Mayor Sciortino moved the adoption and approval of Resolution 2024-005 seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-006 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-006 BE IT RESOLVED this 8th day of January 2024 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, 2024 and until their successors are appointed and qualified: Registrar of Vital Statistic – Margaret M. Peak Deputy Registrar of Vital Statistics - Fallon Burress Secretary of the Board of Health – Jennifer M. Smith 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 2024-006, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-007 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-007 BE IT RESOLVED that the Board of Commissioners of the City of Bordentown, County of Burlington, State of New Jersey does hereby designate City Administrator Margaret M. Peak, to be the Public Agency Compliance Officer for the City of Bordentown, 101 E. Park Street, Bordentown, NJ 08505 (Phone 609-298-0604 ext. 1); 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. Commission Meeting January 8, 2024 5  Mayor Sciortino moved the adoption and approval of Resolution 2024-007, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-008 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-008 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 8 th day of January 2024 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 31 st, 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 2024-008, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-009 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-009 BE IT RESOLVED this 8th day of January 2024 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 2024-009, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-010 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-010 CASH MANAGEMENT PLAN 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. Commission Meeting January 8, 2024 6 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 2024-010, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-011 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-011 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 2024-011, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-012 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-012 BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that Citizens 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 Citizens Bank. Mayor Sciortino moved the adoption and approval of Resolution 2024-012, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-013 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-013 BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that Citizens 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 Citizens Bank. Mayor Sciortino moved the adoption and approval of Resolution 2024-013, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-014 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-014 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: Commission Meeting January 8, 2024 7  (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. Mayor Sciortino moved the adoption and approval of Resolution 2024-014, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-015 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-015 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 2024-015, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-016 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-016 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 8 th day of January 2024 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, 2024. 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 2024-016, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-017 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-017 APPOINTING MICHAEL HOLT, CPA, RMA, PSA OF HOLT MCNALLY & ASSOCIATES AS MUNICIPAL AUDITOR Commission Meeting January 8, 2024 8  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 8 th day of January 2024 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, 2024. 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 2024-017, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2024-018 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-018 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 8th day of January 2024 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, 2024. 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 2024-018, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino moved the approval for the Bordentown Yacht Club to host a Drag Queen Show on April 6, 2024 7:00PM – 9:00PM. Seconded by Deputy Mayor Myers, motion carried with all Commissioners present voting in the affirmative. } Jennifer L. Sciortino Nays} Roll Call: Ayes } Joseph D. Myers Abstain} James E. Lynch, Jr. } Absent} Mayor Sciortino made the following Committee appointments: General Parks Committee Ericia Seremeta Term Expires December 31, 2026 Old City Hall Committee Patricia Ryan Term Expires December 31, 2025 Robert Ryan Term Expires December 31, 2025 Susan Carr Term Expires December 31, 2025 Nancy Targonski Term Expires December 31, 2025 David Lang Director Emeritus Mayor Sciortino wanted to remind residents that when making a water payment online to please make sure you have a current email address listed so that the city can use that email address to send out routine communications. Commission Meeting January 8, 2024 9 DEPUTY MAYOR MYERS, DIRECTOR OF PUBLIC PROPERTY, STREETS AND WATER Deputy Mayor Myers, Director of Public Property, Streets and Water, presented Resolution 2024-019 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-019 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 8th day of January 2024 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, 2024. 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 2024-019, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2024-020 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-020 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 8th day of January 2024 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, 2024 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 2024-020, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2024-021 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-021 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 Commission Meeting January 8, 2024 10  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, 2024. 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. Deputy Mayor Myers moved the adoption and approval of Resolution 2024-021, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers, read his Public Works/Water Utility Update Report for December 2023, as follows: January 8, 2024 Update Bordentown City – Public Property, Streets, and Water Joe Myers: jmyers@cityofbordentown.com and/or 609-556-7837 Highlights: (a) Special thank you to the DPW Team who worked on the garbage over the past two weeks – this is the most significant amount of trash that the city collects due to the holidays; (b) January is our annual re-organization meeting so there are several housekeeping items on tonight’s agenda; (c) Sidewalk repairs (just like snow removal) are the responsibility of the private property owner (except for the shade tree commission and water department/repairs), and (d) The water department has been busy with two large-scale projects – final portion of phase two of the Crosswicks tank and continuation of meter installation. If anyone wants more information about our asset management plan, sampling, and/or priority projects, please call our water department at 609-298-0604 or look online at the city website. 1. Roadways a. Maintenance bond phase: Second, West, Oliver, and Union Streets b. Brooks Ave: Signage and bollards are outstanding. c. NJDOT Application (1 of 4): Our next priority will be Carpenter, Leyden, Myrtle, Borden, and Hopkinson project. City awarded a construction contract in November and mobilization will likely be in early 2024. d. NJDOT Application (2 of 4): City was awarded a grant for the repaving segments of Burlington and Prince Streets in 2024. In August, we hosted a great community meeting to collect input and this information has been shared with the design engineers. e. NJDOT (3 of 4): City applied and was awarded design funds to NJDOT for streetscape improvement along Park Street. Meeting with the county engineer is next. f. NJDOT (4 of 4): City was awarded $217,000 for repaving funds for Elizabeth Street (community outreach and design will be this spring and construction in 2025). 2. Projects a. Parks/Recreational Facilities: i. Oliver Street Park: Finalizing conceptual design ii. Second Street Park: The Contractor has a supply chain issue, and equipment will not be ready for installation until spring 2024. iii. West/Borden City Lot: Design has been finalized with community feedback and developing bid specs. iv. West Street Park: benches and amenities will be delivered later this month v. Ann Street: (a) Phase one focus is public notification and cleanup of adjacent residential parcels (city is reviewing the RFP); and (b) We will also pursue grant funds from the state via NJDEP’s HDSRF program. b. Pedestrian safety: Due to winter, sidewalks will resume this spring (Lucas is done). 3. Water Department: In the most recent water sampling plan), the city received excellent results (zero exceedances out of its thirty-one samples, and 22 were non-detects). This is a strong testament to the department’s leadership and guidance from the resident advisory committee. a. Resident advisory committee will be meeting in the spring to discuss 2024 priorities b. Crosswicks Water Tank: The second phase has resumed and refilling is this week. c. New Water Meters (I-Bank funding to help support the project): Over 4,378 meters have been replaced by 12/31. d. Lead Service Line Notifications: Over 250 letters were mailed this past summer to homeowners with known galvanized and/or lead service lines. Deputy Mayor Myers congratulated City Administrator and Chief Municipal Officer, Margaret M. Peak on her tenure. 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 5 to January 3, 2024. Commission Meeting January 8, 2024 11  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 2024-022 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-022 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 8th day of January 2024, that for the period beginning January 1, 2024 and expiring on December 31, 2024 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: High Gear Towing, 1405 Kuser Road, Hamilton, NJ 1. Johnson Specialized Towing, 228 Rt. 130, Bordentown, NJ 2. Affordable Towing, 346 Bunting Avenue, Hamilton, NJ 3. Haines Towing Inc., 240 Route 130 So., Bordentown, NJ Commissioner Lynch moved the adoption and approval of Resolution 2024-022, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2024-023 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-023 APPOINTING FIRM OF PARKER MCCAY PA MUNICIPAL ATTORNEY 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 8th day of January 2024 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, 2024. 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. City Commissioner Lynch moved the adoption and approval of Resolution 2024-023, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2024-024 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-024 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; Commission Meeting January 8, 2024 12  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 2024-024, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2024-025 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2024-025 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 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 2024-025, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Ordinance 2023-20 Amending Chapter 258 Of The Code Of The City Of Bordentown, Entitled “Vehicles And Traffic” for Second Reading and Hearing. Mayor Sciortino opened the Hearing on Ordinance 2023-20 for public comment. Hearing no questions or comments from the public, Mayor Sciortino closed the Hearing for Ordinance 2023-20. Commissioner Lynch moved the adoption of Ordinance 2023-20 on Second Reading and Hearing, seconded by Mayor Sciortino. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Commissioner Lynch presented Ordinance 2023-21 An Ordinance Amending Chapter 66, Section 3, Of the Code Of The City Of Bordentown To Permit Five Sergeants In The Bordentown City Police Department for Second Reading and Hearing. Mayor Sciortino opened the Hearing on Ordinance 2023-20 for public comment. Hearing no questions or comments from the public, Mayor Sciortino closed the Hearing for Ordinance 2023-20. Commissioner Lynch moved the adoption of Ordinance 2023-20 on Second Reading and Hearing, seconded by Mayor Sciortino. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Commissioner Lynch moved the approval of a Blue Light Permit Applications for: Ralph F. Bensel III (Consolidated Fire Assoc.), seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch echoed Deputy Mayor Myers sentiments congratulated City Administrator and Chief Municipal Officer, Margaret M. Peak on her tenure. Mayor Sciortino opened the meeting for public comment. Mayor Sciortino then opened the meeting for questions or comments from the public on other topics. Hearing no questions or comments from the public, 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 8, 2024 13 ACTING CITY CLERK COMMISSIONERS Commission Meeting January 8, 2024 14