* A G E N D A *
February 8, 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, December 19, 2006
5. Committee Reports
6. Correspondence
7. 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.
8. New Business:
A. Ordinance No. 2006-02, First Reading and Introduction
Amending Annual Sewer Rates
B. Resolution No. 2006-046
Appropriation Reserve Transfer
C. Resolution No. 2006-047
D. Resolution No. 2006-048
Appointment of Deputy Municipal Clerk/Deputy Registrar, Rhoda Overgard
E. Resolution No. 2006-049
Authorizing Redemption of Tax Sale Certificate
F. Resolution No. 2006-050
Authorizing Payment of Borough Bills
G. Resolution No. 2006-051
Authorizing to Execute Amended DEP Sanitary Sewer Application
Elon Associates – LaSatta Ave.
9. 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 implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
10. Executive Session
11. Adjournment
The meeting was called to order by Mayor Reynolds at 7:32 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Palmieri, C/Carr,
Absent: C/Rucker, C/Robilotti
Also present were Lynn Tillman, Deputy Municipal Clerk and Laurie Finger, Borough Administrator.
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 December 19, 2006 was offered by C/Soden and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nayes: None
Absent: C/Rucker, C/Robilotti
Abstain: None
C/Palmieri states nothing at this time.
C/Soden states nothing at this time.
C/Carr states I called Randy Gatesman from the grants place in Hightstown like you asked me to and he is available for the 22nd. He just wanted to know if he could go in front of the agenda so he is not here long.
Mayor Reynolds states we will put him before the committee reports.
C/Carr continues I contacted the Centers and spoke to the person Jayne Gallagher had spoken to and he said he would be happy to come and meet with Tom Herits and myself and whoever else would like to. The next EDC meeting is Saturday at 10:00 a.m.
C/Simon states for the period from 1/1/05 – 12/31/05 the Construction Dept has taken in $115,710.00. Their expenses were $64,142.61. The Court to date has taken in $22,044.19.
C/Soden states I don’t know who requested that report but it is very helpful.
Laurie Finger, Borough Administrator responds that is an annual U.C.C. report that has to be filed.
C/Soden states I’ve never seen one before this year.
Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.
Janet Leonardis asks for Resolution 2006-046 to be explained.
Mayor reads aloud Resolution 2006-046 and explains.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Palmieri. Passed unanimously.
“An Ordinance Regulating the Use of the Sewer System
in the Borough of Englishtown, in the County of Monmouth
and State of New Jersey, Fixing the Rates to be Charged
Therefore, Establishing Rules and Regulations Concerning
The System Thereof, The use and Protection of said System and Penalties
for the Violations of Said Rules and Regulations”
Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:
Section I. Section 2.106-12 of the Ordinance entitled as above is hereby amended to read as follows:
Section 2.106-12. The annual sewer rates effective February 1, 2006 shall be as follows:
Domestic
Consumer Quarterly Annual
Types of Service Units Charges Charges
Single-Family Dwellings 1 119.00 476.00
Single-Family Dwellings
(with Garbage Disposal) 1-1/4 148.75 595.00
Apartments or Multifamily
Dwellings (Each Unit Charge) 1 119.00 476.00
Single-Family Dwellings
(With Business Use) 2 238.00 952.00
Single-Family Dwelling
(With Medical or Dental
Office) 2-1/2 297.50 1190.00
Service Station 1 119.00 476.00
Domestic
Consumer Quarterly Annual
Types of Service Units Charges Charges
Service Station (With Car
Wash Facilities) 2 238.00 952.00
Diner; Tavern; Restaurant
(For Each Seating Capacity
of 50 or Part Thereof) 3 357.00 1428.00
Swim Club 6 714.00 2856.00
School (For Each 28
Students and Faculty Thereof) 1 119.00 476.00
Churches; Clubs; Non-
Profit Organizations 1 119.00 476.00
Hospitals and Nursing
Homes (For Each 5 Patients
And Staff Facilities) 1 119.00 476.00
Public Buildings 1 119.00 476.00
Supermarkets (For Each
6 Employees) 1 119.00 476.00
BUSINESS (COMMERCIAL)
For Each Commercial Unit
Utilized by a Separate Owner
Or Tenant or for First 4 Fixture
Units or Less 1 119.00 476.00
For Each 2 Additional
Fixture Units or Less
(Whichever of the Above
is Greater) 1 119.00 476.00
Industrial Plants (For
Each 5 Employees) 1 119.00 476.00
Laundromat (For Each
3 Machines) 1 119.00 476.00
Water Plants (For Each
100,000 Gallons
Discharged Per Quarter) 1 119.00 476.00
Section II. Any Ordinance or part thereof inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency.
Section III. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.
Section IV. This Ordinance shall take effect immediately upon final passage and publication according to law.
Lynn Tillman, Deputy Clerk states the public hearing and adoption will be at the February 22, 2006 Regular Council Meeting.
Borough of Englishtown
Appropriation Reserve Transfer
Whereas, N.J.S.A.40A:59 provides for appropriation transfers during the first three months of any fiscal year when the amount of any appropriation reserve for the immediately preceding fiscal year insufficient to pay the claims authorized or incurred during said preceding year which were chargeable to said appropriation, and there is excess in any appropriation reserves over and above the amount deemed to be necessary to fulfill its purpose of such appropriation.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $2,000.00 (Two Thousand Dollars) be made in the 2005 budget.
Current Fund:
From:
Mayor and Council O/E $1,000.00
Engineering Services $1,000.00
To:
Legal Services $2,000.00
Reason: Estimate Incorrect
Offered By: C/Simon
Seconded By: C/Soden
C/Carr asks why did we have to do this?
C/Soden responds because the attorney underestimated his bill for various things that happened in the town.
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri
Nays: C/Carr
Absent: C/Rucker, C/Robilotti
Abstain: None
Resolution No. 2006-047
Whereas, Rhoda Overgard served as Deputy Court Administrator in the Borough of Englishtown; and
Whereas, Rhoda Overgard did tender her resignation to the Englishtown Borough Council from that position within the Borough of Englishtown, her last day of employment being March 1, 2006.
Now, Therefore, Be It Resolved that:
1. The resignation of Rhoda Overgard is accepted by the Englishtown Borough Council.
2. That a certified copy of this Resolution be delivered to the Chief Financial
Officer and the Court Administrator.
Offered By: C/Soden
Seconded By: C/Palmieri
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nays: None
Absent: C/Rucker, C/Robilotti
Abstain: None
Borough of Englishtown
Resolution No. 2006-048
Appointment of Deputy Municipal Clerk/
Deputy Registrar
Whereas, there is a vacancy within the Borough of Englishtown for the position of Deputy Municipal Clerk/Deputy Registrar; and
Whereas, it is the wishes of the Governing Body to fill said position; and
Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Rhoda Overgard, Englishtown, New Jersey.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:
1. That Rhoda Overgard is hereby appointed as Deputy Municipal
Clerk/Deputy Registrar for the Borough of Englishtown, effective March 2, 2006 until December 31, 2006.
2. That said position shall be full-time, paid $24,000.00 for the year 2006,
Payable bi-weekly per the salary ordinance.
3. That the within appointment shall be contingent upon Rhoda Overgard
undertaking the appropriate course work and examinations so as to
successfully obtain the Municipal Clerk and Municipal Registrar
Certifications. Course work to commence in the Fall of 2006. Courses
are to be taken at a rate of one course minimum each Spring and Fall,
with an anticipated State Examination date for RMC Certification being
Spring 2009. CMR Examination/Certification is expected during 2007.
4. That the said individual shall receive an additional $1,000.00 upward
adjustment to her salary after successfully obtaining the Municipal Clerk
and the Municipal Registrar Certifications.
5. Shall be under the direction of the Municipal Clerk/Municipal Registrar.
Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Municipal Clerk and Rhoda Overgard.
Offered by: C/Palmieri
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nays: None
Absent: C/Rucker, C/Robilotti
Abstain: None
Resolution No. 2006-049
Resolution Authorizing Redemption of Tax Sale Certificate
Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA 19046
Tax Sale Certificate Number 6-03
Block 15, Lot 8, 29 Hamilton St.
in the amount of $13,185.48
Whereas, the above mentioned certificate has been paid and Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA 19046 is entitled to refunds of $13,185.48.
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 $13,185.48 to Crusader Servicing Corporation, 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/Soden
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nays: None
Absent: C/Rucker, C/Robilotti
Abstain: None
Resolution No. 2006-050
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 $258,598.73 be and
the same are hereby authorized to be paid on February 8, 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/Soden
Seconded by: C/Palmieri
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri
Nays: C/Carr
Absent: C/Rucker, C/Robilotti
Abstain: None
Borough of Englishtown
Resolution No. 2006-051
RESOLUTION OF THE BOROUGH OF ENGLISHTOWN
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED STATE
OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
PROTECTION SANITARY SEWER APPROVAL APPLICATION
ELON ASSOCIATES, LLC
BLOCK 26, LOTS 1 & 7 – PHASE I
LASATTA AVENUE, BOROUGH OF ENGLISHTOWN
WHEREAS, it is necessary for Elon Associates to file an amended application to the NJDEP for sanitary sewer approval for service to Phase I of the proposed development, consisting of 101 units; and
WHEREAS, the associated paperwork has been reviewed and approved by the Borough Engineer, Thomas J. Herits, PE, PP, PLS.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the Mayor is hereby authorized to execute the aforesaid amended application, regarding Phase I of the proposed development, consisting of 101 units.
BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the following: Elon Associates, LLC (Attn.: Allen Weiss, Esq.), Borough Engineer, Borough Water Superintendent, and Borough Attorney.
The above Resolution should be for a Sanitary Water Approval Application, not Sanitary Sewer Approval Application. Also, other issues arise regarding a 12” Water Main and where the water will be taken from; Lasatta Avenue or Heritage Drive. Mayor Reynolds states the Resolution will be tabled until our next meeting since our engineer is not here for guidance.
/ / / / / T A B L E D \ \ \ \ \
February 22, 2006
Mayor Reynolds opened the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
Lori Cooke, Wood Avenue states just to let you know the new sidewalk project they just completed on Water Street by the Main Street Deli and also by Country Animal Clinic is all cracked.
Mayor Reynolds states to call the Borough Engineer and have him take a look at it.
Janet Leonardis, Weamaconk Drive states at the last meeting I asked if you could find out for this meeting how Hair Systems ended up to be in such a poor situation being that we have a Code Enforcer. Also I wanted to know about Englishtown Antiques.
Mayor Reynolds states on Saturday I came in and saw Ed Miller, Code Enforcer. He told me regarding Englishtown Antiques that he is in the process of giving them summonses regarding these ongoing conditions. Regarding Hair Systems there is ongoing litigation and we as public officials were told not to speak about that issue.
C/Carr states Mrs. Leonardis knows that anyway because she is on the Planning Board.
Janet Leonardis states not the condition now. I just wanted to know how it got that way. What authority do we have as a Borough to prevent businesses from operating so poorly and causing us so much trouble?
Discussion regarding Hair Systems continues between Mayor, Council and Janet Leonardis.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
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 and negotiation; 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/Carr
.
Seconded By: C/Soden
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nays: None
Absent: C/Rucker, C/Robilotti
Abstain: None
The time being 8:03 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Carr and seconded by C/Soden. Passed unanimously.
Resolution No. 2006-052
Whereas, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Attorney to advise the Council of legal matters; and
Whereas, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of an Attorney for "Professional Services" without competitive bids must be publicly advertised:
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:
1. Stuart J. Moskovitz be appointed as the Borough Attorney for the term
February 8, 2006 terminating December 31, 2006, subject to contract approval.
2. The said party be appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.
3. The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.
Offered by: C/Simon
Seconded by: C/Carr
Roll Call: Ayes: C/Soden, C/Simon, C/Palmieri, C/Carr
Nays: None
Abstain: None
Absent: C/Rucker, C/Robilotti
Stuart J. Moskovitz is present, and presiding as Borough Attorney requests an additional Executive Session.
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 and negotiations; 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/Soden
Seconded By: C/Palmieri
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Palmieri
Nays: None
Absent: C/Rucker, C/Robilotti
Abstain: None
The time being 8:34 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 9:09 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 9:10 P.M.
___April 26, 2006__________ ________________________
Approved by Governing Body Clerk