** AGENDA **
March 28, 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. Public Hearing: Release or Reduction of Performance Guarantee
Zehra Court Project (Harmony Lane/Wood Ave.)
5. Continuation of Public Hearing: Transfer of Liquor License
Pop Pop Enterprises, Inc./Project Expeditors
6. Proclamation: Month of June “Myasthenia Gravis Awareness Month”
7. Approval of Minutes – February 12, 2007 & February 28, 2007
8. Committee Reports
9. Correspondence
10. 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.
11. New Business:
A. Ordinance No. 2007-03 – First Reading & Introduction
Amending Borough Code Book, Chapter 2.51
Entitled “Alcoholic Beverages”
B. Resolution No. 2007-068
Authorizing Refund of Overpayment on Taxes Paid
Authorizing Refund of Overpayment on Lien No. 02-0002
Appropriation Reserve Transfer
Authorizing Purchases Over $800
Water Dept. – Annual Review - Hamilton St./Dey St. Water Tanks
Authorizing Approval of Department Requisitions
G. Resolution No. 2007-073
Authorizing Payment of Borough Bills
H. Resolution No. 2007-074
Defining Employee Performance Evaluation Rating Scale
12. Tax Collector’s Report – February 2007
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. Discussion Item: Performance of Richard Hogan, Director of Code Enforcement/Construction Official
15. Executive Session
16. Adjournment
The meeting was called to order by Mayor Reynolds at 7:35 P.M.
Roll Call: Present: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Absent: C/Simon
Mayor Reynolds states C/Simon called and will not be able to attend tonight’s meetings.
Also present were Peter Gorbatuk, Acting Municipal Clerk, Christine Robbins, Deputy 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.
Zehra Court Project (Harmony Lane/Wood Ave.)
Mayor Reynolds opened the floor to the public for questions or comments regarding Zehra Court Project.
Beverly Epstein, Lot 10.03 Block 3.01- 103 Harmony Lane
Anthony Grigoria, 101 Harmony Lane
C/Soden reads aloud report from Tom Herits, Borough Engineer informing council of some outstanding punch list items.
There being no questions or comments, a motion to close the public hearing was offered by C/Soden and seconded by C/Robilotti. Passed unanimously.
Mayor Reynolds states based on what we heard tonight and the engineer’s report, I would like a motion to reject Reduction Or Release Of Performance Guarantee to Zehra Court Project.
Motion to reject Reduction Or Release Of Performance Guarantee was offered by C/Soden and seconded by C/Robilotti. (Resolution No. 2007-076 added to agenda)
Liquor License Transfer– Pop Pop Enterprises, Inc./Project Expeditors
Mayor Reynolds opened the floor to the public for questions or comments regarding the liquor license transfer from Pop Pop Enterprises, Inc. to Project Expeditors.
Stuart Moskovitz, Borough Attorney
Mayor Reynolds requests a motion to continue public hearing at the April 11, 2007 council meeting.
Motion to continue public hearing at the April 11, 2007 council meeting was offered by C/Soden and seconded by C/Robilotti. Passed unanimously.
There being no corrections, deletions or additions, a motion to approve the Minutes of February 12, 2007 and February 28, 2007 was offered by C/Carr and seconded by C/Robilotti. Passed on the following roll call:
Roll Call: Ayes: C/Carr, C/Robilotti, C/Cooke, Leonardis
Nayes: None
Absent: C/Simon
Abstain: C/Soden
C/Cooke
C/Robilotti
C/Soden
C/Carr
Stuart Moskovitz
Mayor Reynolds states we should have a formal agreement to give to the officers and put in our files.
Stuart Moskovitz.
C/Carr
Mayor Reynolds asks Laurie Finger to send letter to Fire Chief to see where course will be held and if our Police Officers can attend.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
There being no questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Robilotti. Passed unanimously.
New Business
AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING
CHAPTER 2.51, ENTITLED “ALCOHOLIC BEVERAGES”
WHEREAS, the governing body of the Borough of Englishtown has determined that the fees charged for licensing for alcohol beverage sales are inadequate to cover the
Borough’s costs in connection with governance of alcoholic beverages in the Borough;
WHEREAS, the State of New Jersey permits the Borough to charge fees in excess of those currently being charged, provided that increases not exceed 20% per year; and
WHEREAS, the governing body of the Borough of Englishtown wishes to begin the process of making their liquor licensing fees more realistic towards covering the
expenditures of the Borough in connection with the governance of alcoholic beverages in
the Borough:
I. NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.51, entitled “Alcoholic Beverages” of the Code of the Borough of Englishtown is hereby amended as follows: §2.51.03 entitled “Licensing; Sale to persons under the legal age. Licenses require; issuance, application and fees” is hereby amended so that subsection “D” entitled “License fees.” shall state:
The annual fee 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 $1,802.78
Plenary retail distribution $1,802.78
Club $150.00
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 upon passage and publication in
accordance with applicable law.
A motion to introduce the above titled Ordinance was offered by C/Carr and seconded
by C/Cooke. Passed on the following roll call.
Offered by: C/Carr
Seconded by: C/Cooke
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Christine Robbins, Deputy Municipal Clerk advises the Public Hearing and Adoption on Ordinance No. 2007-03 is scheduled for the April 11, 2007 Council Meeting, 7:30 p.m. at Borough Hall.
Resolution No. 2007-068
On Taxes Paid
Whereas, the Borough of Englishtown Tax Collector has reported receiving an excess payment in the amount of $1,297.25 from Countrywide Tax Services Corp.;
Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $1,297.25 to be refunded to Countrywide Tax Services Corp, P.O. Box 10211 Vab Nuys, CA 91499-6089, as they paid excess taxes on bulk check # 8754499 for a parcel that is not located within the Borough; and
Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Resolution No. 2007-069
On Lien No. 02-0002
Whereas, the Borough of Englishtown Tax Collector has reported receiving an excess payment in the amount of $575.53 on Lien No. 02-0002, Block 2 Lot 23.03;
Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $575.53 to be refunded to CTL Title Insurance Co. 1103 Laurel Oak Road, Suite 146 Voorhees, N.J. 08043.
Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
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 $5,100.00 (Five Thousand One Hundred Dollars) be made in the 2006 budget.
Water Fund:
From: Water Operating Other Expenses $3,900.00
To: Unemployment Insurance $3,900.00
Sewer Fund:
From: Sewer Operating Other Expenses $1,200.00
To: Unemployment Insurance $1,200.00
Offered By: C/Robilotti
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Simon
Abstain: None
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:
Water Department
Annual 15 Point Tank Review
Hamilton St. & Dey Street Water Tanks - $1,060.00
Services From:
Corrpro Waterworks
P.O. Box 721
Medina, OH 44256
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/Cooke
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Resolution No. 2007-072
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 $3,324.06
are hereby authorized to be processed into purchase orders on March 28, 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: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Resolution No. 2007-073
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 $368,189.71
are hereby authorized to be paid on March 28, 2007.
2. The Borough Clerk 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.
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Borough of Englishtown
Resolution No. 2007-074
Defining Employee Performance Evaluation Rating Scale
WHEREAS, the Borough of Englishtown adopted Resolution #2006-166 which instituted a system that treats all employees fairly, provides incentives for good performance, clarifies responsibilities, expectations and obligations for all employees, and provides an objective basis for evaluations of all employees; and
WHEREAS, the Borough further wishes to create an explanation of the Performance Rating Scale Level definition, which will determine how his/her performance, is viewed and scaled;
NOW THEREFORE BE IT RESOLVED, that the Borough of Englishtown hereby identifies the following definitions within the Employee Performance Evaluation System that all personnel shall adhere to effectuate the purpose and intent and direction of this system:
1 = Specifically deficient in meeting his/her job description
2 = Meets all parameters of his/her job description
3 = Exceeds by going over and above; outside of his/her job description.
· Said rating system shall be administered by the use of whole numbers only.
· When issuing a rating of 1 and/or 3, supervisors must provide a specific comment warranting same.
· All goals must first address correcting any 1’s that were issued.
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Administrator, Borough Department Heads and the Mayor and Council.
Offered By: C/Robilotti
Seconded By: C/Cooke
C/Leonardis
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Mayor Reynolds states we had a resignation from a planning board member at Tuesday’s Planning Board meeting; would like to appoint Rudy Rucker to the Planning Board effective next meeting in April.
Taxes, 2007 $660,763.08
Taxes, 2006 $9,668.18
Interest on Taxes $1,021.16
Misc. $1,297.25
Total $672,749.67
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.
There being no questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Cooke. Passed unanimously.
At this time Resolution No. 2007-075 was added to the Agenda.
Resolution No. 2007-075
Authorizing the Mayor to Sign Contract with Revaluation Firm
for Revaluation Of Real Property Within the Borough of Englishtown
WHEREAS, the Borough of Englishtown has been court ordered by the Monmouth County Board of Taxation to have all Real Property located within the Borough of Englishtown be revalued by the year 2008; and
WHEREAS, the Borough advertised for R.F.Ps from Revaluation Firms, and received proposals with the lowest bidder being Certified Valuations, Inc. of Randolph, New Jersey; and
WHEREAS, after further review of the bid documents and contract by the Borough Attorney, the contract has been awarded by Resolution No. 2007-064 to Certified Valuations, Inc at the March 14, 2007 Council Meeting in the amount of $66,355.00; and
NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the Mayor is hereby authorized to sign the contract with Certified Valuations, Inc.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the Borough Administrator, Borough Clerk, Borough Tax Assessor and Certified Valuations Inc.
Offered By: C/Soden
Seconded By: C/Robilotti
C/Soden
Laurie Finger
C/Soden
Stuart Moskovitz
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
The following Resolution was added to the agenda following the public hearing for the Release of the Bond for Zehra Court Project.
Resolution No. 2007-076
Zehra Court Project
Whereas, the Borough of Englishtown accepted Performance Bond #123825 for the Zehra Court Project, located at Block 3.01 Lots 10.01, 10.02, 10.03, 10.04, 10.05, 10.06, and 10.07; and
Whereas, said Performance Bond was provided by Iftikhar Zaidi dba The IHZ Group, Inc. as faithful performance of all provisions of the project specifications as indicated by the Unified Planning Board and Borough Engineer; and
Whereas, Mr. Iftikhar Zaidi requested the release of Performance Bond #123825 and has sent via certified mail notice of public hearing to all property owners within 200 feet of Zehra Court Project, as mandated by Borough Ordinance; and
Whereas, during said public hearing on March 28, 2007, several residents voiced their concerns regarding builder deficiencies and the Borough Engineer informed the Council of some outstanding punch list items.
Now Therefore Be It Resolved, the Mayor and Council of the Borough of Englishtown have made the decision to reject the release of the Performance Bond until all engineering criteria is satisfied and the Borough Engineer authorizes the release of the Performance Bond.
Now Therefore Be It Further Resolved, that a certified true copy of this resolution be provided by the Acting Municipal Clerk to Mr. Iftikhar Zaidi, Borough Engineer, and Chief Financial Officer.
Offered By: C/Soden
Seconded By: C/Leonardis
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Mayor Reynolds states under the advisement of our Borough Attorney Stuart Moskovitz we need to take a brief Executive Session to discuss matters of personnel.
The time being 8:09 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/Robilotti. Passed unanimously.
The time being 8:21 P.M.
Borough Attorney Moskovitz states that two employees were given Rice Notices for this evening. Both thought they were entitled to 10 days notice. The 2001 Personnel Policy did have 10 days notice, but both employees signed a paper acknowledging receipt of the 2004 Personnel Policy, which only requires 48 hours notice. We will start with Rick Hogan.
Mayor Reynolds requests a motion to postpone the Discussion Item - Performance of Richard Hogan until April 11, 2007 Council Meeting.
Offered By: C/Soden
Seconded By: C/Carr
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Simon
Attorney Moskovitz states the second item of discussion is not the elimination of a person but the elimination of a position. This is not an issue of performance it is an issue of whether or not we need someone to fill a role created for a program that has been ceased.
Mayor Reynolds requests a motion to terminate position of assistant housing inspector.
Whereas, the position of Assistant Housing Inspector had been established with the creation of a program of rental housing inspection;
Whereas, the Governing Body of the Borough of Englishtown, at the March 14, 2007 Council Meeting, has passed Resolution No. 2007-067 terminating the program; and
Whereas, in that the position of Assistant Housing Inspector is not necessary without the rental housing inspection program:
Now therefore, be it resolved by the Englishtown Borough Council that the position of Assistant Housing Inspector is hereby terminated effective March 28, 2007. The individual currently holding that position will be provided with the requisite two weeks severance pay, in lieu of notice, as indicated in the Borough of Englishtown Personnel Policy, which two weeks will end April 11, 2007. This termination will not effect any other position that employee may hold either now or in the future within the municipality.
Be it further resolved, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator and Chief Financial Officer.
Offered By: C/Soden
Seconded By: C/Leonardis
Roll Call: Ayes: C/Soden, C/Carr, C/Cooke, C/Leonardis
Nays: C/Robilotti
Abstain: None
Absent: C/Simon
C/Leonardis
Mayor Reynolds calls a five Minute Recess.
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.
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/Cooke
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Simon
Abstain: None
The time being 8:42 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/Cooke. Passed unanimously.
The time being 10:21
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Carr. Passed unanimously.
The time being 10:22 P.M.
April 25, 2007
Approved by Governing Body