* A G E N D A *
February 22, 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. Presentation by Mr. Randy Gottesman
Community Grants & Planning/East Windsor
5. Proclamations: Read Across America Day, March 2, 2006 and
Congenital Heart Defects Awareness Week, Feb. 22 – Mar. 1, 2006
6. Committee Reports
7. Correspondence
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. Old Business:
A. Ordinance No. 2006-02, Public Hearing and Adoption
Amending Annual Sewer Rates
B. Resolution No. 2006-051
Authorizing to Execute Amended DEP Sanitary Water Application
Elon Associates – LaSatta Avenue
10. New Business:
C. Ordinance No. 2006-03, First Reading and Introduction
D. Resolution No. 2006-053
Authorizing Redemption of Tax Sale Certificate
E. Resolution No. 2006-054
F. Resolution No. 2006-055
Authorizing Agreement With Monmouth County/Tax System
G. Resolution No. 2006-056
2006 Temporary Operating Budget
H. Resolution No. 2006-057
Authorizing Payment of Borough Bills
11. Tax Report – Month of January 2006
12. 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.
13. Executive Session
14. Adjournment
Mayor Reynolds called the meeting to order at 7:32 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Absent: C/Palmieri
Also present were Julie Martin, Municipal Clerk, 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.
Stuart J. Moskovitz, Borough Attorney arrives at 7:36 P.M.
Mayor Reynolds opens the floor to Mr. Randy Gottesman of East Windsor’s Community Grants & Planning.
Randy Gottesman states C/Carr requested I come to tonight’s meeting to discuss grants, primarily, but not only for, the downtown also COAH/ Affordable Housing.
Presentation by Randy Gottesman continues, followed by questions and comments from Mayor, Council and the public.
Mayor Reynolds thanks Randy Gottesman for his presentation and for coming to tonight’s meeting.
Congenital Heart Defects Awareness Week – Feb. 22 – Mar. 1, 2006
Mayor Reynolds reads the above proclamations.
C/Robilotti states we had our first Recreation Committee meeting and we added a new event to our calendar. We are going to do a Trash to Treasure Sale on April 29th in Sanford Park. In 2007 we are also going to try to incorporate a car show.
C/Soden states nothing at this time.
C/Carr states I was happy Randy came out tonight. The Economic Development Committee met two Saturdays ago. We are meeting twice a month until we get things up and moving. I contacted the County regarding the inmate labor program. I completed the municipal land use grant, which we are putting in for a planning grant for $40,000.00. Laurie Finger, Borough Administrator has reviewed that for me and has given me some feedback. I asked about the Rental Property Registration and how many have been inspected. The response I received was they were not starting inspections until all the registrations came in. In my personal opinion, they might not all come in. We are charging people for a service, which so far we have not provided to anybody. We are paying someone to sit and take the money in and then when they all do come in, you’re are going to have them all to do at the same time. I would like to push forward that the inspections start getting done now that we have some of the registrations.
C/Simon states the police activity report from 1/22 – 2-19; there were 159 motor vehicle stops and 618 calls. Also, unfortunately we received the resignation from Officer Elmer and his last day will be 2/28/06.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Janet Leonardis inquires about Resolution No. 2006-055.
Mayor Reynolds states that is the new tax system in Monmouth County. There is no initial fee and the cost thereafter is $500.00 for the year.
There being no further questions or comments a motion to close the public portion was offered by C/Soden and seconded by C/Robilotti. 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
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
Domestic
Consumer Quarterly Annual
Types of Service Units Charges Charges
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.
Mayor Reynolds opened the floor to the public for questions or comments on the above
Titled Ordinance.
Julie Martin states this is an increase to the quarterly sewer rates due to an increase by W.M.U.A.
Mayor Reynolds reads the increased charges to the public.
There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti. Passed unanimously.
A motion to adopt Ordinance No. 2006-02, above titled, was offered by C/Carr and seconded by C/Robilotti. 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
Per Mayor Reynolds Resolution No. 2006-051 tabled until end of the meeting.
An Ordinance Of The Borough Of Englishtown Creating
Chapter 2.50 of the Borough Code Book
Establishing “Schedule of Fees” and
Amending Other Sections Specifically Regarding Fee
Be It Ordained by the Governing Body of the Borough of Englishtown that the following sections be established, amended and supplemented as follows:
Chapter 2.50, Schedule of Fees
Section 2.50.01 – Administration Fees
Copy Fees: Pages 1-10 $.75/page
Pages 11-20 $.50/page
Pages 21+ $.25/page
Audio Tapes of Meetings: $30.00
Postage Fees Actual cost of postage
Zoning Map $ 7.00
Returned Check Fee $20.00
Certified Copy of Vital Statistics Record $ 8.00 each
Liability & Assessment Search $10.00
Liability & Assessment Continuation Search $ 2.00
Duplicate Tax Bill $5.00 first copy, $25.00 each additional copy of same bill in same fiscal year
Duplicate Tax Sale Certificate $100.00
Chapter 2.51 Alcoholic Beverages
Section 2.51.03, Item D – License Fees
D. License fees. [Amended 3-14-85 by Ord. No. 85-3; 12-16-2 by Ord 02-15]
The annual fees for licenses for the sale or distribution of alcoholic beverages in
the Borough shall be as follows:
Class of License Annual License Fee
Plenary retail consumption $1,652.55
Plenary retail distribution $1,652.55
Club $150.00
Section 2.78.02, License required; fee; expiration
B. The annual license fee to be paid for conducting a retail food establishment
shall be the sum of sixty-five ($65.00) dollars.
This ordinance shall take effect upon final passage and publication according to law.
Julie Martin, Municipal Clerk states the public hearing and adoption will be held at the next council meeting of March 8, 2006.
Resolution No. 2006-053
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 Jay Lowell Juckett, 511 Cedar Ave., Allenhurst, NJ 07711
Tax Sale Certificate Number 9-93
Block 2, Lot 22, 70 English Club Drive
in the amount of $106.45
Whereas, the above mentioned certificate has been paid and Jay Lowell Juckett, 511 Cedar Ave., Allenhurst, NJ 07711 is entitled to refunds of $106.45.
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 $106.45 to Jay Lowell Juckett, 511 Cedar Ave., Allenhurst, NJ 07711.
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/Simon
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 No. 2006-054
Whereas, a professional contract has been submitted to the Borough of Englishtown Council;
Whereas, the members of Council now approve the following contract.
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Borough Clerk to execute the contract for professional services for:
Borough Attorney Stuart J. Moskovitz
Offered By: C/Simon
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 No. 2006-055
Whereas, the State of New Jersey has mandated the use of the MOD IV Tax System for all New Jersey Municipalities; and
Whereas, the Board of Chosen Freeholders of the County of Monmouth, in conjunction with the County Board of Taxation and the County Department of Information Services, is offering the County’s services to the municipalities of Monmouth County to facilitate compliance by the municipalities with the MOD IV Tax System; and
Whereas, an Interlocal Services Agreement has been proposed for this purpose, pursuant to N.J.S.A. 40:8A-1 et seq.; and
Whereas, it is in the best interest of the Borough Of Englishtown to enter into such an Agreement.
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that the agreement entitled “Agreement Between the County of Monmouth and Certain Municipalities Located Therein for Computer Services for the MOD IV Tax System”, a copy of which is attached hereto, be executed by the Mayor and Municipal Clerk.
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
Borough of Englishtown
2006 Temporary Operating Budget
Whereas, Section 40A:4-19 of the revised Statutes of the State of New Jersey provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2006 Municipal Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and
Whereas, the Director of the Division of Local Government Services authorized in Local Finance Notice 2006-5 dated February 8, 2006 that the Governing Body may, by resolution, adopt before Feb. 28, 2006 to increase it’s temporary budget by 1/12th ; and
Whereas, the total appropriations in the 2005 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, is $2,495,622.00; and
Whereas, 1/12th of the total appropriations in the 2005 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, in said 2005 Municipal Budget is $207,968.50; and
Whereas, the 2006 temporary operating budget was adopted by Resolution Number 2006-033, adopted on January 3, 2006 in the amount of $655,100.76;
Now, Therefore, Be It Resolved, that the total 2006 temporary operating budget be increased to the amount of $863,069.26 and attached appropriations be made.,
Be It Further Resolved that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.
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. 2006-57
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 $363,290.07 be and
the same are hereby authorized to be paid on February 22, 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/Robilotti
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Abstain: None
Absent: C/Palmieri
Current Taxes, 2006 294,996.30
Prior Taxes, 2005 9,267.38
Interest & Cost on taxes 256.47
Third Party Lien 13,185.48
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 WATER 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 Water 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.
////// TABLED \\\\\\
Stuart J. Moskovitz, Borough Attorney states I received a phone call today from Betsy McKenzie, who is the referee appointed in this whole ELON matter. She indicated that the applicant, if they were gong to file a DEP application, would like the application to include the entire 134 units rather than 101. Before we pass the resolution for 101 units, which you can do, you might want to consider their request first. I just wanted to alert you to it before you voted on the Resolution.
C/Soden states I have a problem with this. When we went through the Court Master, we were told that ELON’s attorney was going to make an effort to pursue a water diversion right from Trenton. I have yet to see any paperwork on it and I don’t even know if they went about doing so.
Mayor Reynolds states that was done months ago. I received a letter from the State Department that they would not give us any additional water rights.
C/Soden states, I can send a letter and say I’m making an effort. My point is if I send a letter to them, does that say I’m making an effort. The attorney said he could get us the water from Trenton, then they changed the terms and now we’re not getting anything from them. It doesn’t seem right to me. Now they come in here and ask for all of them. I have a problem with this.
C/Simon asks if they want to amend it from 101 units to 134 units don’t they have to go before the Planning Board to make a new plan?
Tom Herits states their applications to the Board were for 134 units. The Borough already did a Resolution for them to apply for water for the 134 units. The 101 came about because that was the number of units we had water available for. However they still have approval for 134.
Mayor Reynolds stated wasn’t it a condition of the 134 that they (we) would look into an interlocal agreement with Gordons Corner to provide additional water.
C/Soden states I don’t have a problem doing that, what I have a problem with is if you say you’re going to make an attempt do more than send a letter. C/Rucker and myself sat here in 1989 when they arbitrarily cut our diversion rights by 50%. Now we need help because of the 134 units coming in. It just doesn’t seem right to me. Somebody has got to help. I don’t know how much the Court Master got into this.
Discussion regarding Resolution 2006-051 continues between Mayor, Council, Borough Attorney Stuart J. Moskovitz, Borough Engineer Thomas Herits, ELON attorney Alan Weitz and ELON developer Seth Yaroni.
Stuart J. Moskovitz states all I need you to do is stipulate that there is going to be no claim that we are stalling on this, and that it’s an agreement that we are going to hold off until the litigation is done. How about if we simply agree tonight that both sides are in favor of putting this resolution off until the next meeting, until such time you can find out whatever you need to find out to determine where we go next.
ELON attorney Allan Weitz agrees.
Mayor Reynolds requests a motion to table Resolution No. 2006-051 until the next Council Meeting on March 8, 2006. Motion to table made by C/Soden and seconded by C/Rucker. Passed unanimously.
Mayor Reynolds opened the floor to the public for on anything they wish to bring to the attention to the governing body.
There being no further questions or comments from the public, a motion was made to close the public portion was offered by C/Rucker and seconded by C/Carr. 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 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/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
The time being 9:00 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/Carr. Passed unanimously.
The time being 9:27 P.M.
Resolution No. 2006-058
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:Municipal Lease
One (1) 2006 Ford Crown Victoria P71
$7,082.85
250 Haddonfield- Berlin Road
Cherry Hill, NJ 08034
State Contract #A45069
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/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti
Nays: None
Absent: C/Palmieri
Abstain: None
Adjournment
There being no further business a motion to adjourn was offered by C/Rucker, seconded by C/Robilotti. Passed unanimously.
The time being 9:30 P.M.
____May 10, 2006_________ ________________________
Approved by Governing Body Clerk