** AGENDA **

May 23, 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 – April 25, 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.         Public Hearing 2007 Municipal Budget

9.         Old Business

A.        Ordinance No. 2007-06 – Public Hearing & Adoption

Amending Chapter 2.55 of the Borough Code Book

Entitled “Animal Control Regulations”

10.              New Business

A.                 Ordinance No. 2007-07 – First Reading & Introduction

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 

B.                 Resolution No. 2007-098

Authorizing the Englishtown Police Department Use of the East Brunswick Police Training Facility

C.                 Resolution No. 2007-099

Emergency Temporary Appropriations

D.                 Resolution No. 2007-100

Authorizing Approval of Department Requisitions

E.                  Resolution No. 2007-101

Authorizing Payment of Borough Bills

11.       Tax Collector’s Report – April 2007

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 7:32 P.M.

Roll Call:  Present:        C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Absent:       None

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 –

There being no corrections, deletions or additions, a motion to approve the Minutes of  April 25, 2007 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

Roll Call:          Ayes:    C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                      Nayes:    None

                     Absent:    None   

                    Abstain:    None

Committee Reports

C/Leonardis

·        Committee Report emailed to Mayor and Council earlier this week; copies are available for public.

• Can we consider exempting approval process of Purchase Orders for under $50.00?
• We need an emergency Purchase Order approval for six flags that are missing for Memorial Day.

Mayor Reynolds asks Council if we should make it $50.00 or $100.00?

Consensus of Council to exempt approval process for purchase orders $100.00 and under.

Laurie Finger states we can amend the requisition list to include $162.00 for six additional flags.

C/Carr

• Suggest we store the flags in a different place this year.

C/Cooke

• Memorial Day Parade is scheduled for Monday, May 28^th at 2:00 P.M.  We will meet at 1:30 P.M. at the Manalapan Complex.

C/Robilotti

• Several personnel issues that need to be discussed in Executive Session.

C/Soden

• At the Planning Board meeting last night by Resolution we sub-divided the property for the Knights of Columbus.

C/Carr

• In this week’s Transcript there is an Article where the Prosecutor is commending Officer Mike MacInnes and Officer Trevor Martinson for a job well done.  I would also like to commend them and the Prosecutor.
• Quick Check opened this weekend.
• Meeting with Kathy Drewes on Friday to go forward with Grant.
• The Plaque for Ted Narozanick is in the back for Council to see.  We can now plan the event presenting the plaque.
• Police Activity report there were 335 calls including 114 motor vehicle stops.  Complete breakdown is available for viewing.
• We need to do a resolution to accept Tree Grant.

C/Simon 

• On tonight’s agenda we have a Resolution regarding animal licensing fees.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

• Met with Line Supervisor Glenn Ford and Area Manager Jerry Ricardi from JCP&L on Friday, May 4^th, 2007 to review list of Utility Poles in Borough. A Pole Butt test was performed with a hammer and screwdriver to determine internal conditions and each pole passed.  If a car had hit a pole we utilized metal supports to reinforce the pole, which is a standard practice. JCP&L has a Distribution Pole Inspection Program where they inspect 10% of their poles each year.  If a pole needs replacement they make arrangements to replace pole. 

C/Carr

• Would like to thank Peter for following up on getting Utility Pole replaced in front of her house, but new pole is tied to the rotten pole and there is a big pile of cement on sidewalk.

Peter Gorbatuk

• That will be there for a little while until all the wires can be transferred over.
• Received communication regarding Irving Place and Hamilton Street construction from Tom Herits.

C/Carr

• What is the time frame for completion?

Peter Gorbatuk

• 30 days.

C/Carr

• They have equipment on private properties, feels completion will be longer than 30 days.

Stuart Moskovitz states they actually had 45 days but were willing to do in 30 days, which is impossible because half of that period is necessary for settlement.

C/Carr

• There has been issue after issue since this contract started.  Feels they are at another job and this one will not be complete in 45 days.  What can we do?

Mayor Reynolds asks Stuart Moskovitz to give Tom Herits a call.

Peter Gorbatuk

• COAH training is available. The N.J. Council of Affordable Housing, COAH, and Rutgers University Center for Government Services are hosting training sessions for Municipal Housing liaisons and RCA Administrators throughout New Jersey in June.  The training course is required for all Municipal Housing Liaisons and RCA Administrators. Information on dates and location are in your packets. Anyone who would like to attend please let the Clerk know.

C/Carr

• Are we going to apply for RCA Funding in Englishtown? 
• If training is mandatory I would like the Engineer to go to that training.

Mayor Reynolds asks that we add this to our notes.

Peter Gorbatuk

• Received letter from State of New Jersey regarding Englishtown Water Department.  Permit application to convert from gas chlorination to calcium hypochlorite tablet feed system had been determined to be Administratively Complete.  Syed Rizvi from DEP has been assigned the application for technical review. 
• Received correspondence from Janice Garcia, Tax Collector asking Mayor and Council if they wanted anything enclosed with tax bill mailing going out in early July.
• Received letter of intent to own and operate a mobile Hot Dog Stand on 20 Park Avenue in Englishtown from Carolyn Sarcone of Monroe Township.  Her husband currently owns this property.  She will personally operate this from the hours of 10:30AM to 4:30PM if permissible seven days a week.

Discussion between Mayor Reynolds, Council and Stuart Moskovitz regarding Hot Dog Stand continues.

Consensus was taken and Council has voted unanimously not to have Hot Dog Stand on 20 Avenue in Englishtown.

C/Robilotti states that she attended the opening at Quick Check.  Spoke to CEO and he stated they would like to get involved in our community events.

 Public Portion – Agenda Items

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.

Public Hearing – 2007 Municipal Budget

At this time Mayor Reynolds opens the floor to the public for any questions or comments on the 2007 Municipal Budget.

Mayor Reynolds states this year we have done some rearranging and cut some areas and there is a 0% increase to the taxpayers of Englishtown in the Municipal Budget. If anyone wants to look at the budget there is a copy available.

Lou Sarti, English Club Drive

• What exactly was cut?
• Would like to know what is going on with the state taking over our Code Department?

Mayor Reynolds states we cut one position in the Public Works Department.  We did not add one matron position (special officer) in the Police Department.  We took action to petition to the state to take over our Code Officials.  The state requires we do an Ordinance.  The state has 120 days to look at our Ordinance and get back to us.  When this is done we will have the information to decide whether this is beneficial to us or not.

Discussion continues between Mayor Reynolds, Council, and Stuart Moskovitz.

Brandon Neuhause, Boyscouts

• Why are there no sidewalks on LaSatta?
• When will potholes be fixed on Mt. Vernon and LaSatta?

Mayor Reynolds states at some point we would like to get sidewalks there.  We will have the Public Works Department go out and check potholes to see if they are on County roads or our roads.

Laurie Finger

• Would like to thank Mayor Reynolds and Council for doing a great job this year helping keep the tax rate stable.
• Just a reminder that our Cap is over its limit by $33,355.00.  We did apply for Cap Waiver.  Application will be heard on June 13^th.
• On one of my Local Finance Notices 2007.8 the State is changing the Statement of State Aide on Property Tax Bills.

Mayor Reynolds and Council thank Laurie Finger for her hard work on the budget.

There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Soden.   Passed unanimously.

Old Business

BOROUGH OF ENGLISHTOWN              PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-06

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.55, ENTITLED “ANIMAL CONTROL REGULATIONS”

            BE IT ORDAINED, by the Governing Body of the Borough of Englishtown, in the County of Monmouth and State of New Jersey that the following sections of the Borough Code Book be amended/supplemented as follows:

Chapter 2.55 Animal Control Regulations

            Section 2.55.02(F) Rabies Vaccination and License Requirements, be deleted in its entirety and replaced with the following (additions are underlined):

2.55.02(F) – The annual licensing fee for each neutered/spayed animal is ten dollars ($10.00) and for each non-neutered/non-spayed animal thirteen dollars ($13.00).  Persons who fail to obtain a license as required within the time specified in the section, will be subject to a fine of twenty five dollars ($25.00) per thirty (30) day period.

            This Ordinance shall take effect upon final passage and publication according to law.

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

Stuart Moskovitz states the animal license fee will increase to $13.00, not $15.00.

Mayor Reynolds states the annual license fee for each neutered/spayed animal is $10.00 and each non neutered/spayed animal is $13.00.  Failure to obtain a license by July 1^st will be subject to a $25.00 fine per thirty-day period.  Free Rabies shots for dogs/cats will be given on June 14^th from 6:00pm to 7:30pm.

Richard Kozlowski, 14 Park Avenue

·        Is there anyway to put into the Ordinance a limit on the number of animals a person can have? I have a neighbor at 12 Park Avenue who has 12-14 animals of all kinds.

Mayor Reynolds asks if the Health Department has been notified?

Richard Kozlowski

·        The Board of Health has been to the property.

Mayor Reynolds states we will have our Code Official check the property for any violations.

There being no questions or comments, a motion to close the public hearing was

offered by C/Simon and seconded by C/Cooke.  Passed unanimously.

Adoption

A motion to adopt Ordinance No. 2007.06, above titled, was offered by C/Carr and

Seconded by C/Robilotti.  Passed on the following roll call:

Offered By:                  C/Carr

Seconded By:               C/Robilotti       

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis          

                 Nays:          None

              Abstain:          None

               Absent:          None

New Business

BOROUGH OF ENGLISHTOWN              FIRST READING & INTRODUCTION

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.

A motion to introduce the above titled Ordinance was offered by C/Soden and seconded by C/Robilotti.

C/Carr

·        Why is this an emergency?

Laurie Finger

·        This is a mandatory requirement from state when doing revaluation. 

C/Carr

·        Is the state going to fund the revaluation?

Laurie Finger

·        No, they require an Ordinance adopted by the Municipality stating that the money is going to be funded over the next five budget years.

First Reading and Introduction on Ordinance No.2007-07 was passed on the following roll call:

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis          

                 Nays:          None

              Abstain:          None

               Absent:          None

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-07 is scheduled for the June 13, 2007 Council Meeting, 7:30 p.m. at Borough Hall.

Borough of Englishtown

Resolution No. 2007-098

Authorizing the Englishtown Police Department's Use of the

East Brunswick Police Training Facility

            Whereas, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and

            Whereas, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.

            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 indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.

 Offered By:                 C/Carr

Seconded By:               C/Robilotti

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:          None

             Abstain:           None

              Absent:           None

Borough of Englishtown

Resolution No. 2007-099

Emergency Temporary Appropriations

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2007 Budget and no adequate provision has been made in the 2007 temporary budget for the aforesaid purposes, and

Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2007 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $ 445,622.50

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $ 40,622.50 as follows:

 CURRENT FUND

Group Insurance Other Expenses                                                          $20,000.00

Fire Official Other Expenses                                                                 $     500.00

Police Salary & Wages                                                                         $19,710.00  

Planning Board Other Expenses                                                            $     412.50

2.  Said emergency temporary appropriations will be provided for in the 2007 budget.

3.  That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

Offered By:                  C/Robilotti                            

Seconded By:               C/Simon

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

Borough of Englishtown

Resolution No. 2007-100

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 $10,479.49

are hereby authorized to be processed into purchase orders on May 23, 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/Leonardis    

Seconded By:               C/Carr

At this time the following amendment is made to Resolution 2007-100.

Laurie Finger

• Amended to include requisition R700161 payable to The American Flag Company for six 21/2 x 4 American Flags at $27.00 each for a total cost of $162.00.  Total requisition list will now be $10,479.49.

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

Borough of Englishtown

Resolution No. 2007-101

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 $384,397.59

                   are hereby authorized to be paid on May 23, 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.

Offered By:                  C/Robilotti       

Seconded By:               C/Carr

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

At this time Resolution No. 2007-102 is added to the agenda.  Awaiting Resolution to be written by Borough Attorney.

Borough of Englishtown

Resolution No. 2007-102

Authorizing Emergency Purchases by Dept. Heads up to $100.00

With B.A. Approval

Offered By:                  C/Carr

Seconded By:               C/Robilotti

C/Carr

• What constitutes an emergency?

Mayor Reynolds states at the discretion of the Borough Administrator up to $100.00.

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

Tax Collector’s Report                      Month of April, 2007

                                    Taxes, 2007                            $458,751.51

                                    Taxes, 2006                             $23,625.27

                                    Interest on Taxes                         $3,571.16

                                    Duplicate Bill Fee                             $90.00

                                     Total                                       $486,037.94

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.

Tom Burrows, 38 Tennent Avenue

• Is the company doing the revaluation the same as the one used before? Feels the company used before was very incompetent.

C/Soden suggests he call Administration tomorrow and ask for Peter Gorbatuk or Laurie Finger to see if it is the same company or not.

Tom Burrows

• When will the revaluation start?

Mayor Reynolds states we will send out notices in our tax statements letting everyone know when they will be in their area to revaluate.

Isabella, Park Avenue

• What will happen if people are on vacation or not available when they come to revaluate property?

Mayor Reynolds states they have to revaluate all the properties so they will have to come back.

Stuart Moskovitz states they are obligated to make three attempts of getting you home, if all attempts fail they will estimate.

Lou Sarti, English Club Drive

• Just wanted to comment that Quick Check is very Community oriented and involved in helping the community they are located in.

 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.

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 contracts, 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/Carr    

Roll Call:   Ayes:           C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis          

                   Nays:        None

                Absent:         None

               Abstain:         None

The time being 8:38 P.M.

There being no further business in Executive Session, a motion to return to open session was offered by C/Simon, seconded by C/Carr. Passed unanimously.

The time being 9:21 P.M.

Adjournment

There being no further business a motion to adjourn was offered by C/Cooke, seconded by C/Leonardis. Passed unanimously.

The time being 9:22 P.M.

 June 13, 2007               

Approved by Governing Body