** AGENDA**
September 13, 2006
7:30 P.M.
Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.
1. Meeting Called to Order and Roll Call
2. Statement of Compliance with Sunshine Law
3. Moment of Silence and Salute to the Flag
4. Approval of Minutes – May 24, 2006 & June 14, 2006
5. Committee Reports
6. Correspondence
7. Discussion Item: Parking Restrictions
Carriage Lane and Pine Street
8. Open Public Portion/Limited to Agenda Items Only
Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion. Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.
9. Mr. Richard Hogan, Director of Code Enforcement/Construction Official
Inquiry Re: Code/Construction Office Activities
10. Public Hearing – 2006 Budget Amendment
11. Old Business:
A. Ordinance No. 2006-19 – Public Hearing & Adoption
Amending/Supplementing Housing Standards Ordinance (2005-09)
12. New Business:
A. Resolution No. 2006-138
Authorizing the Englishtown Police Departments Use of
East Brunswick Police Training Facility
Authorizing Redemption of Tax Sale Certificate – Block 26.02, Lot 3
C. Resolution No. 2006-140
Adoption of 2006 Municipal Budget
Authorization of Purchases Over $800.00
Engineering Services – Hamilton Street/Irving Place Improvements
Authorizing Borough Engineer to Advertise/Receive Bids
Hamilton Street/Irving Place Improvements
F. Resolution No. 2006-143
Authorizing Payment of Borough Bills
13. Public Portion
Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion. Any and all situations regarding Borough Personnel, when names are implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.
14. Executive Session
15. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti,
Absent: C/Palmieri
Also present were Mayor Reynolds, Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Clerk, Laurie Finger, Chief Financial Officer, Stuart J. Moskovitz, Borough Attorney.
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.
There was a moment of silence and salute to the flag.
There being no corrections, deletions or additions, a motion to approve the Minutes of May 24, 2006 and June 14, 2006 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
Committee Reports
· Nothing at this time
· Patriots Day Ceremony went very well. Good attendance.
C/Soden
· Regarding the Water Department, Laurie Finger, Jim Mastrokalos, Water Superintendent and myself are looking into putting safeguards into place.
C/Carr
· An injury occurred to one of our Public Works Employees this weekend. The insurance company has been given a claim.
· Three of our employees have expressed interest in signing up for AFLAC. The
cost would be the same but we do need council approval.
· EDC still waiting for proposal from consultant. Met with some members of the
Historical Society. Ken Calmouth who is a consultant and certified realtor attended and donated his time. We are going to have some historic games, a photo spot, and Simulation trial of General Lee at the Inn.
· Ken Calmouth will also be making up a plan to present to the Planning Board for historic preservation in Englishtown and its economic benefits.
· Center of Place designation letter is complete and ready to go out.
C/Simon
· Police Activity Report for the period of August 21st thru September 4th there
were 365 total calls and 75 motor vehicle stops.
· The courts have taken in to date $91,578.65.
· Sent the PBA contract offer and hopefully we will hear something soon.
· Julie Martin, Municipal Clerk tendered her resignation. We wish her well.
Julie Martin, Municipal Clerk reports:
.
Mayor Reynolds states Resolution No. 2006-144 would be added to agenda this evening authorizing agreement to suspend Verizon New Jersey’s application. Also, New Business Resolution 2006-145 accepting Verizon New Jersey’s resignation.
Discussion Item – Parking Restrictions on Carriage Lane & Pine Street
Julie Martin, Municipal Clerk asks if the Association is aware that this matter has come before council, requesting changing current parking regulations on Carriage Lane. Julie Martin expresses the need to know if residents are aware of the change and how they feel about it.
C/Carr responds that the Chief is recommending changing parking regulations.
Mayor Reynolds asked if this change includes Pine Street and Carriage Lane.
Julie Martin stated that when she went to the Chief and questioned him about Carriage Lane the Sergeant was there and stated that it might be a good idea to lift the ban on Pine Street because of buses no longer parked there.
C/Soden expresses concern regarding the tractor-trailers that go to Industrial Park via Pine Street. If you lift the parking on both sides of Pine Street will this cause a problem?
Mayor Reynolds asks that we hold off on Pine Street until we know the traffic situation.
Julie Martin asks Ralph Kirkland, Assistant Fire Inspector, present in audience, if he had any problem with Carriage Lane.
Ralph Kirkland responds no.
C/Soden asks about the outriggers.
Ralph Kirkland responds that you do need an area to set the outriggers out.
Borough Attorney Stuart Moskovitz states that the roadway is 30ft wide. We need to be sure with parking that there is 18ft.
Mayor Reynolds suggests that both sides of street with parked cars and the width of outriggers are measured before the next council meeting.
Nick D’Angelo, 6 Carriage Lane states that the 12:00 – 6:00AM no parking ban is what they are looking to lift.
C/Carr asks for clarification that they are only looking to have parking on one side of the street.
Nick D’Angelo responds that is correct.
Mayor Reynolds asks Ralph Kirkland to have someone out there to measure before our next council meeting to make sure that the Fire Company feels comfortable.
Julie Martin asks Stuart Moskovitz if we need approval from the Association to measure the streets.
Stuart Moskovitz suggests that we give them notice first.
Stuart Moskovitz asked Nick D’Angelo if the Association is aware of these issues.
Nick responds yes, but there has been no action taken.
Mayor Reynolds suggested that Nick D’Angelo make a list of all the residents on Carriage Lane and get signatures agreeing to the parking change so that we know everyone understands what is going to be done.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Paula Kuchinski, 11 Hamilton Street
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Carr. Passed unanimously.
RICE Notice Discussion
Mr. Richard Hogan, Director of Code Enforcement/Construction Official
Inquiry Regarding Code/Construction Office Activities
Stuart Moskovitz states, to clarify this is an opportunity to discuss specific concerns relating to policy and how things are done. For the record to be accurate employees wishing to testify would have to waive a Rice Notice requirement. A Rice Notice is not a condemnation it is an open public meeting act notice. The public is not permitted to testify or come forward except if council or people involved in hearing are called as witnesses.
Mayor Reynolds asks if the Englishtown Borough employees present understand what the Borough Attorney has stated.
Rick Hogan thanks Mayor and Council for inviting him to the council meeting to discuss the activities of the Department. Rick Hogan updates the council on the Department activity from January 1 – August 31st, 2006. Items of discussion were as follows:
Rick Hogan states over the past few weeks, I have had conversations with council members and members of our planning board. Those conversations focused on existing ordinances, lack of detail of our ordinances and lack of enforcement authority. I have drafted a comprehensive property maintenance code for commercial and industrial properties as well as residential for your review.
The Property Maintenance Plan was passed out to council to review.
The following questions and concerns were raised by Council members:
· E.D.C. list of violations including overgrown grass, abandoned vehicles and garbage cans that are being stored in the front of properties, that are not being adhered to code.
· Fire investigation on Lasatta Avenue property.
· Assurance that department will follow up with council on questions and concerns brought to their attention and that all Ordinances in place will be carried forward.
· Property Rental Registration Program and inspections of such properties.
· Job description and work hours of Heather Dettra.
Mayor and council thanked Rick Hogan and concluded the discussion.
Public Hearing – 2006 Budget Amendment
Mayor Reynolds opened the Public Hearing for any questions or concerns regarding the 2006 Budget Amendment.
Mayor Reynolds stated that we amended the budget to reflect the additional funding of $25,000.00 that we received from the State of New Jersey.
There being no questions or comments, a motion to close the public hearing was offered by C/Simon seconded by C/ Robilotti. Passed unanimously.
A motion to approve the budget amendment was offered by C/Soden seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION
ORDINANCE NO. 2006-19
AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING AND SUPPLEMENTING TITLE 2, “GENERAL LEGISLATION,” OF THE CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY, IN ORDER TO AMEND THE BOROUGH’S HOUSING STANDARDS ORDINANCE
WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need to amend its Housing Standards Ordinance to provide for greater protection to those of its citizens renting housing accommodations within the Borough;
I. Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.81, entitled “Housing Standards,” of the Code of the Borough of Englishtown, New Jersey is hereby amended and supplemented as follows:
§2.81.02. Definitions.
EMERGENCY – A situation where there is probable cause to believe that an issue of health or safety exists warranting immediate action.
§2.81.03. Rental Property Registration.
F. Right of Entry
…
2. The Chief of Police of the Borough of
Englishtown is authorized, and may appoint police personnel to [provide
assistants to the Department of Code Enforcement for the enforcement of]
enforce the provisions of this section whenever the Director of Code
Enforcement and/or his designee is unavailable to act, has failed to act, in the
event there is an emergency, or if, in the opinion of the Chief of Police, it is
necessary to act without waiting for the Department of Code Enforcement so to
act. The Chief of Police of the Borough of Englishtown is also authorized to
provide requested assistance from the Director of Code Enforcement for the
enforcement of this Ordinance.
G. Mandatory Inspections.
1. Within six months of the effective date of this Amendment, the Director of Code Enforcement and/or his designee shall have inspected every dwelling registered with the Borough of Englishtown in accordance with this Section 2.81.03, and take all necessary steps to enforce compliance with all appropriate housing codes.
2. Within thirty days of any registration after the date of this Amendment, the Director of Code enforcement and/or his designee shall have inspected the dwelling registered with the Borough of Englishtown in accordance with this Section 2.81.03, and take all necessary steps to enforce compliance with all appropriate housing codes.
Every rental unit registered in accordance with Section 2.81.03 shall be re-inspected at least once a year by the Director of Code Enforcement and/or his designee.
II. Be it further ordained that if any section, subsection, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the remaining portions of this ordinance.
III. Be it further ordained that all ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency; and
IV. Be it further ordained that this ordinance shall take effect immediately upon final passage and publication according to law.
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.
C/Carr asked when does it go into effect and are there going to be any changes.
Mayor Reynolds states based on attorney’s advice we will leave the ordinance as is and start inspections as soon as ordinance becomes effective. The money collected this year will roll into next year. After all inspections and registrations are on line we will revisit ordinance for 2007/2008.
Stuart Moskovitz suggests we pass this ordinance the way it is now. Keep 6-month requirement because safety is our number one issue. After all facts are in, revisit ordinance in 2007.
There being no further questions or comments, a motion to close the public hearing was offered by C/Rucker and seconded by C/Carr. Passed unanimously.
Adoption
A motion to adopt Ordinance No. 2006-19, above titled, was offered by C/Rucker and seconded by C/Robilotti. Passed on the following roll call:
Offered by: C/Rucker
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr
Nays: None
Abstain: None
Absent: C/Palmieri
New Business
Borough of Englishtown
Resolution No. 2006-138
Whereas, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and
Whereas, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.
Now Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.
Offered By: C/Simon
Seconded By: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Palmieri
Resolution No. 2006-139
Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046
Tax Sale Certificate Number 05-1 (01-00005)
Block 26.02, Lot 3
6 South Main Street
in the amount of $2,028.92
Whereas, the above mentioned certificate has been paid and Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046 is entitled to redemption amount of $2,028.92.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $2,028.92 to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046.
Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.
Offered by: C/Rucker
Seconded by: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Palmieri
Borough of Englishtown
Resolution No. 2006-140
Now, Therefore, Be It Resolved by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $763,967.52 to be raised for municipal purposes.
Surplus Anticipated $ 525,000.00
Miscellaneous Revenues Anticipated 597,117.09
Receipts From Delinquent Taxes 50,000.00
For Municipal Purposes 763,967.52
Within “Caps”
Operations Including Contingent $1,141,609.00
Deferred Charges & Statutory
Expenditures - Municipal 26,000.00
Excluded From “Caps”
Operations - Total Operations Excluded
Capital Improvements 35,900.00
Municipal Debt Service 48,727.50
Deferred Charges - Municipal Clerk 25,000.00
Reserve For Uncollected Taxes 166,851.30
Offered By: C/Soden
Seconded By: C/Rucker
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
Resolution Number 2006-141
Whereas, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and
Whereas, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and
Whereas, the Chief Financial Officer certifies that appropriate funds are available for the following:
Engineering Services for Hamilton Street (to Harrison Ave) and Irving Place
Improvements
NJ DOT Trust Fund
FY 2006 State Aid Program (Bond Ordinance No. 2006-18)
$43,000.00 (Forty Three Thousand Dollars)
Services From: Thomas J. Herits
Maser Consulting
One River Center, Bldg. 2
331 Newman Springs Road, Red Bank, NJ 07701
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered by: C/Rucker
Seconded by: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
Borough of Englishtown
To Advertise and Receive Bids for
Hamilton Street (to Harrison Ave) and Irving Place Improvements
Whereas, the Borough of Englishtown desires to improve/reconstruction Hamilton Street (to Harrison Ave) and Irving Place; and
Whereas, the Mayor and Council has authorized the Borough Engineer to prepare bid documents for the project.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Borough Engineer is hereby authorized to advertise and receive bids for the Project.
Offered by: C/Rucker
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Palmieri
Resolution of the Borough of Englishtown,
County of Monmouth, State of New Jersey
Authorizing the Payment of Borough Bills
Whereas, the Mayor and Council have carefully examined all vouchers presented to the Borough for the payment of claims; and
Whereas, after due consideration of the said vouchers, the Mayor and Council have approved payment of same.
Now, therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:
1. The said approved vouchers amounting to the sum of $83,871.44 be and
the same are hereby authorized to be paid on September 13, 2006.
2. The Borough Clerk be and is hereby directed to list on the page in the
Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.
Offered by: C/Rucker
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Palmieri
Nays: None
Abstain: None
Absent: C/Palmieri
Resolution No. 2006-144
Resolution Suspending the Cable TV Application of Verizon New Jersey, Inc.
Whereas, an application was filed by Verizon New Jersey, Inc., for the purpose of obtaining an agreement from the Borough of provide Cable TV service to the community; and
Whereas, since the date of the application, the State of New Jersey has passed legislation permitting Verizon to obtain such permission on a statewide, rather than municipal-wide basis; and
Whereas, in the event Verizon obtains such statewide approval, there will be no need to proceed with the application to provide service to the Borough, as such service will be encompassed within the statewide permit; and
Whereas, it is in the Borough’s interest not to expend money to review the existing application if there will be no need to pass on it.
Now Therefore, Bt It Resolved that the Borough of Englishtown agrees to suspend the Application of Verizon New Jersey, Inc. pending determination by the State of New Jersey as to its statewide application to provide Cable TV service.
Be it Further Resolved that the Clerk of the Borough of Englishtown is authorized to execute the letter of August 31, 2006 from Wilentz, Goldman & Spitzer, acknowledging the agreement of the Borough of suspend the application.
Offered by: C/Soden
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Palmieri
Resolution No. 2006-145
Whereas, Julie Martin served as Municipal Clerk/Registrar in the Borough of Englishtown; and
Whereas, Julie Martin did tender her resignation to the Englishtown Borough Council from that position, her last day of employment being September 22, 2006.
Now, Therefore, Be It Resolved that:
1. The resignation of Julie Martin is accepted by the Englishtown Borough Council.
2. That a certified copy of this Resolution be delivered to the Chief Financial
Officer.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
Public Portion
Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
Vincent Scuvani, 7 West Dey
· The street is narrow and if a car is parked at corner and someone should drive down the block, the children cannot be seen and it is dangerous.
Lori Cooke, 27 Tennant
· Regarding Mrs. Gallagher’s letter questioning my membership on the EDC. My membership is not political, just interested in historical preservation.
Jayne Gallagher, 5 McDonald Way
Janet Leonardis, 17 Weamaconk Drive
There being no further questions or comments, a motion to close the public portion was offered by C/Rucker and seconded by C/Soden. Passed unanimously.
Resolution No. 2006-146
Whereas, the Mayor and Council of the Borough of Englishtown found a need for the Borough to have a Development Committee; and
Whereas, in January 2006 the following volunteered to serve on this committee:
Jayne Carr
Colleen McNulty
Anna Palmieri
Cindy Robilotti
Joyce Stipple
Whereas, the following have now also volunteered to be on that committee:
Elizabeth Canario
Lori Cooke
Now, Therefore Be It Resolved‚ by the Mayor and Council of the Borough of Englishtown that Liz Canario and Lori Cooke are hereby also appointed to the Borough of Englishtown Development Committee for remainder of 2006.
Be It Further Resolved, that a certified true copy of this Resolution be forwarded to Elizabeth Canario and Lori Cooke and Jayne Carr, Chair EDC.
Offered By: C/Carr
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Executive Session
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and
Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, pending and anticipated litigation; and
Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour, 4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.
Offered By: C/Simon
Seconded By: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
The time being 10:38 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Rucker, seconded by C/Soden. Passed unanimously.
The time being 10:54 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Rucker, seconded by C/Robilotti. Passed unanimously.
The time being 10:55 P.M.
January 10, 2007
Approved by Governing Body