**  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.

 

8.            Old Business

 

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.

 

Approval of Minutes –

 

C/Robilotti

 

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

 

Committee Reports

 

C/Leonardis

·        Committee reports were emailed to council and copies are available for the public. 

·        There was a complaint filed against an Englishtown resident in regard to the height of their grass.  There was no action taken by property owner so the Department of Public Works did have to go over and cut the lawn; The Borough will bill them for this service. 

 

C/Cooke

·        Would like to change policy regarding gift, or donation when a spouse, parent or child of one of our employees passes on. 

 

Mayor Reynolds states in the past this was looked at as public money that is to be used for the taxpayers to operate the municipality.  If Council chooses to change this policy we will have to write a resolution. Let Laurie Finger, Borough Administrator know how much we want to put in fund and where to earmark fund.

 

 At this time a motion to change policy was requested by C/Cooke and seconded by C/Robilotti.

 

C/Robilotti

·        Would like to discuss the Planning Board secretary position during Executive Session.

·        Would like to thank Englishtown resident Ron Ragucci for volunteering his time to show employees how to update Borough website.

·        Police Activity Report - total motor vehicle stops were 208, total calls 600.  We received a grant for an extra officer for DWI Checkpoint, which will be in effect Saturday.

 

C/Soden

·        Nothing at this time

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        At the last Open Public Session resident Richard Kozlowski voiced concern with the number of pets at 12 Park Avenue. Ed Miller, Code Enforcement Officer, checked this out and in his opinion there was nothing out of the ordinary.

 

Mayor Reynolds asks if the Health Department was out there?

 

Laurie Finger, Borough Administrator

·        Mr. Kozlowski had mentioned that the Health Department was out there and they didn’t find any health issues or problems.

 

C/Soden

·        Would like something in writing from Health Department stating there are no health issues or problems at 12 Park Avenue.

 

Peter Gorbatuk, Acting Municipal Clerk

·        Received correspondence from Brandon Yuhas, from Boy Scout Troop 454 thanking Mayor Reynolds and Council for listening to him and answering his questions regarding sidewalks on Lasatta Avenue and potholes around town and requesting any correspondence regarding potholes and sidewalk.

·        Spoke with Rick Guffanti, Public Works Department and he stated the potholes are in the process of being repaired within the next 2-3 weeks.

 

Mayor Reynolds requests Peter Gorbatuk, Acting Municipal Clerk send Mr. Yuhas a letter commending him on taking pride in his hometown.

 

Peter Gorbatuk, Acting Municipal Clerk

·        Correspondence received from the State of New Jersey Department of Community Affairs regarding the expiration of Englishtown Borough’s 2008 Center Designation.

 

Mayor Reynolds requests a copy of this letter is sent to C/Carr and also is followed up so that we do not loose this designation.

 

·        We have been contacted twice regarding canning at Quick Check.  Our Codebook does not state canning it states solicitation; do we need to update this Code?

 

Mayor Reynolds requests copy of Ordinance so that Council can look at it and see if we need to update.

 

·        Rabies clinic is scheduled for Thursday, June 14th in the garage from 6:00pm – 7:30pm.

 

C/Cooke

·        There were a few concerns that C/Carr had that I would like to mention. One of her concerns is access to permits? The other concern is the paving on Irving Street; does anyone have any information on that?

 

Discussion continues between Mayor and Council regarding access to permits.

 

Stuart Moskovitz, Borough Attorney

·        Spoke with Tom Herits, Maser Consulting today.  Some of the base failed and they were out there yesterday to see what had to be replaced. Weather permitted they are expected to be there no later than Monday to complete all their work.

 

Mayor Reynolds asks if they need more time for settling after repairs have been done?

 

Stuart Moskovitz, Borough Attorney

·        From an Engineering standpoint I don’t think you need any time for settling.

 

Mayor Reynolds asks Stuart Moskovitz to give Tom Herits a call tomorrow to ask him about patch replacements and issues regarding storm drains being reset.

 

C/Soden

·        There are two manholes that I asked the engineer to completely rebuild. Also the manholes need to be lowered at the corner of Irving Place and Hamilton Street.

 

Stuart Moskovitz, Borough Attorney

·        Did the engineer indicate that they were going to repair that?

 

C/Soden

·        Yes he did.

Mayor Reynolds states he left a message with Tom Herits regarding where Irving ties into 522, can you follow up on the manhole there?

 

C/Soden

·        Can you ask Mr. Herits if he can put in writing everything that is going to be done and send a copy to Mr. Moskovitz?

 

Public Portion – Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

Kathleen Heath, Victory Drive

 

Mayor Reynolds request Stuart Moskovitz, Borough Attorney send a letter to Peoples Restaurant.

 

C/Leonardis

 

Stuart Moskovitz, Borough Attorney

 

C/Leonardis

 

Stuart Moskovitz, Borough Attorney

 

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.

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

 

Borough of Englishtown

Resolution No. 2007-104

 

Authorizing Renewal of Alcoholic Beverage

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

                       

Borough of Englishtown

Resolution No. 2007-105

 

Authorizing A Temporary Delay, If Warranted

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

              Absent:          C/Carr

 

Borough of Englishtown

Resolution No. 2007-106

 

Authorizing the Execution of a Grant Application

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

  

Borough of Englishtown

Resolution No. 2007-107

 

Resolution of the Borough of Englishtown

County of Monmouth, State of New Jersey

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:

 

CURRENT FUND

 

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

 

APPROPRIATIONS

 

(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

 

Borough of Englishtown

Resolution No. 2007-108

 

Authorization of Purchases or Services Over $800

 

            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.

 

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

               Absent:           C/Carr

 

Borough of Englishtown

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.

 

Offered By:                  C/Simon         

 

Seconded By:               C/Robilotti

 

Roll Call: