** AGENDA **
June 13, 2007
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 9, 2007 & May 23, 2007
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.
A. Ordinance No. 2007-07
Authorizing an Emergency Appropriation in Accordance with N.J.S.A. 40A:4-53 for the Preparation and Execution of a Complete Program of Revaluation of Real Property for the Use of the Local Assessor
9. New Business
A. Ordinance No. 2007-08 – First Reading &
Introduction
Amending Chapter 1.33, Entitled “Police Department”
B. Resolution No. 2007-103
Transfer of Retail Consumption Liquor License
C. Resolution No. 2007-104
Authorizing Renewal of 2007- 2008 Alcoholic Beverage Licenses
D. Resolution No. 2007-105
Authorizing a Temporary Delay, If Warranted, in the Mailing of Third Quarter Tax Bills, 2007 Final/2008 Preliminary Bills
E. Resolution No. 2007-106
Authorizing the Execution of A Grant Application for D.E.D.R. Funds for Manalapan/Englishtown Community Alliance
F. Resolution No. 2007-107
Resolution to Amend Approved Budget in Accordance with the Provisions of 40A:4-9
G. Resolution No. 2007-108
Authorizing Purchases Over $800
Police Dept. – Ammunition
H. Resolution No. 2007-109
Authorizing Approval of Department Requisitions
I.
Resolution No. 2007-110
Authorizing Payment of Borough Bills
J.
Resolution No. 2007-111
Appointment of Rabies Clinic Workers
10. Tax Collector’s Report – May 2007
11. Discussion Item: Proposed Littering Ordinance
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 implies 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
The meeting was called to order by Mayor Reynolds at 7:31 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Absent: C/Carr
Also present were Peter Gorbatuk, Acting Municipal Clerk, Laurie Finger, Borough Administrator and 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 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 further corrections, deletions or additions, a motion to approve the Minutes of May 9, 2007 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: C/Carr
Abstain: None
C/Simon
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Mayor Reynolds request Stuart Moskovitz, Borough Attorney send a letter to Peoples Restaurant.
C/Leonardis
Stuart Moskovitz, Borough Attorney
C/Leonardis
Mayor Reynolds states we will amend Resolution.
Peter Cooke, Englishtown Police Officer
Stuart Moskovitz, Borough Attorney
There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Cooke. Passed unanimously.
ORDINANCE NO. 2007-07
AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION IN ACCORDANCE WITH N.J.S.A. 40A:4-53 FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR.
BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey:
Section 1. Pursuant to N.J.S.A. 40A:4-53 (ch 48, P.L. 1956, as amended by ch. 144, P.L. 1965 and ch.38, P.L. 1969), the sum of $70,000 is hereby appropriated for the preparation and execution of a complete program of revaluation of real property for the use of the local assessor, and shall be deemed a special emergency appropriation as defined and provided for in N.J.S.A. 40A:4-55
Section 2. The authorization to finance the appropriation shall be provided for in succeeding annual budgets by the inclusion of at least 1/5 of the amount authorized pursuant to this act (N.J.S.A. 40A:4-55)
Section 3. This Ordinance shall take effect immediately upon its passage and publication according to law.
** Please note: Ordinance No. 2007-07 Public Hearing and Adoption scheduled for the June 13, 2007 Council Meeting is not required due to prior Ordinance No. 2007-01, which was adopted on January 24, 2007.
New Business
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2007-08
AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 1.33,
ENTITLED “POLICE DEPARTMENT”
WHEREAS, the governing body of the Borough of Englishtown has determined that it is required to establish the procedures and charges for the utilization of Borough Police Department members for private security; and
WHEREAS, the contract with the PBA requires that the charges for police department member services is to be set forth by ordinance; and:
WHEREAS, certain terminology within the existing ordinance is internally inconsistent and needs to be corrected, and certain portions of the ordinance are inconsistent with the Council’s intent and similarly need to be corrected:
I. Now therefore be it ordained by the
Borough Council of the Borough of Englishtown that Chapter 1.33, entitled “POLICE DEPARTMENT” of the Code of the
Borough of Englishtown is hereby amended as follows:
A. Section 1.33.12, Salaries and compensation shall be amended by changing the phrase “special policemen” in the title of Section B and in each of the first three sentences to “special officers.”
B. Section 1.33.14, entitled Leaves of absence generally, shall be amended as follows:
Leaves of absence, without pay, may be granted at the discretion of the Police Chief and the Police Commissioner.
C. Section 1.33.16, entitled
Vacations and holidays shall be
replaced in its entirety by the following:
Vacations will be
granted pursuant to the language set forth in the Contract between the Borough
and the bargaining agent for the Police Department members.
Holidays shall be
as set forth in said Contract.
D. Section 1.33.37, entitled Special Duty Assignments shall be amended as follows:
Paragraph 5 shall substitute the following for the sentence “The charges for such services shall be set forth annually in a resolution adopted by the governing body”:
The charges for such services shall be $60.00 per hour, including a rate of $50.00 per hour for the officer, and $10.00 administrative fee to be retained by the Borough. Commencing January 1, 2008, the charges for such services shall be $65.00 per hour, including a rate of $55.00 per hour for the officer, and $10.00 administrative fee to be retained by the Borough.
II. Be it further ordained that:
A. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.
B. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
C. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
Offered
By: C/Robilotti
Seconded
By: C/Leonardis
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Leonardis
Nays: None
Abstain: C/Cooke
Absent: C/Carr
Peter Gorbatuk states the Public Hearing and Adoption on Ordinance No. 2007-08 is scheduled for the June 27, 2007 Council Meeting, 7:30 p.m. at Borough Hall.
Borough of
Englishtown
Resolution No. 2007-103
Transfer
of Retail Consumption Liquor License
Whereas,
Project Expeditors, Inc., has applied for a person to person transfer of a
retail consumption liquor license from Pop Pop Enterprises, Inc.:
Whereas, the Borough of Englishtown approved this license transfer on April 11, 2007, by resolution, contingent on the final approval by the Chief of Police of the Borough of Englishtown; and
Whereas, Chief
Niziolek completed his review and, on May 22, 2007, issued a report finding no
reason to impede the sale or transfer of the license;
Whereas, the
attorney for Project Expeditors, Inc. has indicated that the New Jersey
Department of Law and Public Safety Division of Alcoholic Beverage Control
requires a resolution without qualifications; and
Whereas, the
Borough no longer has any reason not to fully approve the transfer
unconditionally:
Now therefore, be
it resolved by the Englishtown Borough Council that the person to person
transfer of a retail consumption liquor license from Pop Pop Enterprises, Inc.
to Project Expeditors Inc., is approved unequivocally in accordance with law.
Be it further
resolved, that a certified copy of this Resolution shall be provided by the
Acting Borough Clerk to the Borough Administrator, the Police Chief, the
Applicant, and the Borough Attorney.
Offered By: C/Leonardis
Seconded By: C/Simon
Roll Call: Ayes: C/Soden,
C/Simon, C/Cooke, C/Robilotti, C/Leonardis
Abstain: None
Absent: C/Carr
Resolution No. 2007-104
Licenses
For The Borough Of Englishtown
For
2007-2008
Be It
Resolved,
by the Borough Council
of the Borough of Englishtown, County of Monmouth, State of New Jersey that
1.
The applications
having been found in order, all required certifications having been given and
all required fees having been paid, it hereby authorizes the Municipal Clerk to
issue the following alcoholic beverage licenses for the term of July 1, 2007
through June 30, 2008 provided that all renewals are consistent with prior
licensing requisites:
Licensee License
Number
Pop Pop Enterprises Inc. 1312-33-003-010
T/A Pop Pop Dugans
John F. Carroll Columbian Club 1312-31-005-001
Gajanand Corporation 1312-44-004-006
Englishtown
Liquors & Convenience
CER, Inc 1312-33-002-005
People’s Restaurant
Mayor Reynolds states the above Resolution 2007-04 has the following amendment:
Stuart Moskovitz,
Borough Attorney
Offered By: C/Robilotti
Seconded By: C/Simon
C/Simon
Stuart Moskovitz,
Borough Attorney
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke
Nays: None
Abstain: C/Leonardis
Absent: C/Carr
Resolution No. 2007-105
In the Mailing of
Third Quarter Tax Bills
2007 Final/2007
Preliminary Bills
Whereas, N.J.S.A. 54:4-64 requires final tax bills to be mailed on or before June 14, 2007; and
Whereas, due to the delay of the Statement of State Aid figures (S.O.S.A.) that appears on property tax bills, it may be necessary to extend the due date and grace period for the third quarter tax bills (only).
Now Therefore Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows:
1. That a temporary delay, if warranted, is authorized for the delay of the mailing of third quarter tax bills due to the delay in S.O.S.A. figures.
2.
That authorization is hereby granted, if warranted, to extend
the due date for the third quarter tax bills (only).
3. That certified copies of this resolution shall be forwarded to the Borough of Englishtown Tax Collector and Matthew Clark, Administrator of the Monmouth County Board of Taxation.
Offered By: C/Robilotti
Seconded By: C/Simon
Roll Call: Ayes: C/Soden,
C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Resolution No. 2007-106
For D.E.D.R. Funds
For Manalapan/Englishtown Community Alliance
Whereas, the Borough of Englishtown has joined with the Township of Manalapan for the operation of a Municipal Alliance for the Alcohol Drug Abuse Prevention Program; and
Whereas, the Borough of Englishtown desires to continue this Program.
Now Therefore Be It Resolved by the Governing Body of the Borough of Englishtown that it hereby authorizes the Township of Manalapan to execute an application for D.E.D.R. 2008 Grant funding to be submitted to Monmouth County Division of Alcohol and Drug Abuse Services; and
Be It Further Resolved that a copy of this Resolution, certified to be a true copy by the Municipal Clerk, be sent to the Manalapan/Englishtown Community Alliance Coordinator.
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden,
C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Resolution No. 2007-107
To Amend Approved
Budget
In Accordance with
the Provisions of 40A:4-9
Whereas, the local municipal budget for 2007 was approved on April 25, 2007; and
Whereas, the public hearing on said budget has been held as advertised; and
Whereas, the governing body desires to amend said approved budget;
Now Therefore Be It Resolved, by the governing body of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the following amendments to the approved budget of 2007 be made:
REVENUES FROM TO
1. Surplus Anticipated $ 595,000.00 $
525,000.00
Total Surplus Anticipated 595,000.00 525,000.00
3. Miscellaneous Revenues – Section F:
Clean Communities Program 0.00 4,000.00
Total Miscellaneous Revenues – Section F 23,109.77 27,109.77
Total Miscellaneous Revenues 568,818.76 572,818.76
5. Subtotal General Revenues 1,216,818.76 1,150,818.76
7. Total General Revenues $ 2,016,055.14 $
1,950,055.14
(A) Operations Excluded from “CAPS”
Revaluation of Real Property 70,000.00 00.00
Total Other Operations – Excluded from
“CAPS’ 202,845.00 132,845.00
Public and Private Programs Offset by
Revenues:
Clean Communities Program 0.00 4,000.00
Total Public and Private Programs Offset by
Revenue 23,754.77 27,754.77
Total Operations – Excluded from ‘CAPS’ 265,999.77 199,999.77
Detail:
Other Expenses 232,644.77 166,644.77
(H-2) Total General Appropriations for
Municipal Purposed Excluded from ‘CAPS’ 383,099.77 317,099.77
(O) Total General Appropriations Excluded
From ‘CAPS’ 383,099.77 317,099.77
(L) Subtotal General Appropriations 1,839,671.77 1,773,671.77
9. Total General
Appropriations $ 2,016,055.14 $
1,950,055.14
BE IT FURTHER RESOLVED, that this complete
amendment, in accordance with the provisions of N.J.S.A. 40A: 4-9, be published
in the Asbury Park Press in the issue of 6/21/07, and that said publication
contain notice of public hearing on said amendment to be held at the Municipal
Building on 6/27/07 at 7:30 pm.
BE IT FURTHER RESOLVED, that
three certified copies of this resolution be filed forthwith in the office of
the Director of Local Government Services for certification of the 2007 Local
Municipal Budget as amended.
Offered
By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Resolution No. 2007-108
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:
Police Dept.
Ammunition - $2,016.00
Services From:
Eagle Point Gun Shop
TJ Morris & Son
1707 Third Street
Thorofare, N.J. 08086
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.
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti,
C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Resolution No. 2007-109
Resolution of the Borough of Englishtown,
County of Monmouth, State of New Jersey
Authorizing the Approval of Department Requisitions
Whereas, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and
Whereas, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $6,372.57
are hereby authorized to be processed into purchase orders on June 13, 2007.
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 requisitions hereby authorized to be processed into purchase orders.
Seconded By: C/Robilotti
Roll Call: