** AGENDA **
May 9, 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 11, 2007
5. Proclamation – Fibrodysplasia Ossificans Progressive (FOP) Awareness
6. Committee Reports
7. Correspondence
8. Open Public Portion/Limited to Agenda Items Only
Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion. Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.
9. Old Business
A. Ordinance No. 2007-04 – Public Hearing & Adoption
Ordinance to Exceed the Municipal Budget Appropriations Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.14)
Amending Chapter 1.45, Entitled “Code Enforcement Office” and Chapter 2.63, Entitled “Construction Codes, Uniform”
Amending Chapter 2.55 of the Borough Code Book
Entitled “Animal Control Regulations”
B. Resolution No. 2007-094
Approving Sewer Hookup to Englishtown Facilities
For Block 49, Lots 1.01 & 1.02 in Manalapan
C. Resolution No. 2007-095
Authorizing Approval of Department Requisitions
D. Resolution No. 2007-096
Authorizing Payment of Borough Bills
11. 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.
12. Executive Session
13. Adjournment
The meeting was called to order by Mayor Reynolds at 7:36 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 corrections, deletions or additions, a motion to approve the Minutes of April 11, 2007 was offered by C/Simon and seconded by C/Robilotti. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Robilotti, C/Cooke, C/Leonardis Nayes: None
Absent: Carr
Abstain: C/Simon
Proclamation – Fibrodysplasia Ossificans Progressive (FOP) Awareness
Mayor Reynolds reads Proclamation supporting Fibrodysplasia Ossificans Progressive Awareness.
Stuart Moskovitz reads aloud options for Council to consider for drafting proposed Ordinance.
C/Robilotti
Stuart Moskovitz
Discussion continues between Council and Stuart Moskovitz on alternative ways.
Consensus of Council to have all media mailed; Attorney will be preparing Ordinance.
C/Cooke
Discussion continues between Mayor and Council on hours bathrooms should be opened and who will close and open bathrooms.
C/Leonardis states she will send email to Chief Niziolek and C/Carr regarding opening and closing of park bathroom.
C/Simon
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
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.
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2007 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Mayor and Council hereby determine that a 1% increase in the budget for said year, amounting to $13,676.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS, the Mayor and Council hereby determine that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW, THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2007 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $47,866.00, and that the CY 2007 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.
There being no questions or comments, a motion to close the public hearing was
offered by C/Simon and seconded by C/Robilotti. Passed unanimously.
A motion to adopt Ordinance No. 2007-04 , above titled, was offered by C/Robilotti and
Seconded by C/Soden. Passed on the following roll call:
Offered by: C/Robilotti
Seconded by: C/Soden
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION
ORDINANCE NO. 2007-05
AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 1.45, ENTITLED “CODE ENFORCEMENT OFFICE” AND
CHAPTER 2.63, ENTITLED “CONSTRUCTION CODES, UNIFORM”
WHEREAS, the governing body of the Borough of Englishtown has determined that it is not economically feasible to maintain an Office of Code Enforcement within the Borough;
WHEREAS, the State of New Jersey through its Department of Community Affairs will provide such service at the request of the Borough; and
WHEREAS, the governing body of the Borough of Englishtown believes it to be in the best interest of its residents to have Code Enforcement performed by the Department of Community Affairs:
I. Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 1.45, entitled “CODE ENFORCEMENT OFFICE” of the Code of the Borough of Englishtown is hereby repealed in its entirety and replaced with the following:
§1.45.01 Office of Code Enforcement
All code enforcement functions of the Borough of Englishtown are hereby transferred to the Department of Community Affairs of the State of New Jersey in accordance with N.J.A.C.5:23-4.3(c)2.
§1.45.02 Remaining Officials
Transfer of functions of the Office of Code Enforcement shall be with respect to the Construction Code Official, Electrical Subcode Official, Plumbing Subcode Official, Fire Subcode Official and Building Subcode Official. The Borough will retain responsibilities performed by a Zoning Officer, Fire Official, Code Enforcement Officer, Housing Inspector and related clerical staff.
The Zoning Officer, Fire Official, Code Enforcement Officer, Housing Inspector and/or related staff shall not overlap or perform any functions performed by the Department of Community Affairs with respect to the activities of the Department’s assigned Construction Code Official and/or subcode officials.
§1.45.03 Fees
Fees intended to cover the services performed by the Construction Code Official and subcode officials shall be determined by the Department of Community Affairs, State of New Jersey. The Borough reserves the right to retain and/or set any fees for any services to be performed by individuals other than the Department of Community Affairs appointed Code Official and subcode officials, including all applicable escrows.
II. be it further ordained by the Borough Council of the Borough of Englishtown that Chapter 2.63, entitled “CONSTRUCTION CODES, UNIFORM” of the Code of the Borough of Englishtown is hereby repealed in its entirety and replaced with the following
§2.63.01 Zoning and Construction Office.
A. All State Uniform Construction Code enforcement within the Borough shall be performed by the Department of Community Affairs, State of New Jersey.
B. Such enforcement will be in accordance with State regulations with regular presence within the Borough of Department of Community Affairs personnel assigned to perform such enforcement activities at the discretion of the Department.
C. The public shall have the right to do business with the enforcing personnel at a location within the Borough Hall of the Borough of Englishtown at regular intervals as determined by the Department of Community Affairs.
§2.63.02 Board of Appeals.
All appeals from decisions of the local enforcing officials shall be heard by the Department of Community Affairs in accordance with state regulations and the Administrative Procedure Act of the State of New Jersey. The jurisdiction of the Monmouth County Board of Appeals shall be terminated as of the effective date of this ordinance with respect to matters originating within the Borough of Englishtown and that jurisdiction transferred to the Department of Community Affairs.
§2.63.03 Fees.
All fees for construction permits and subcode fees shall be as set forth by the Department of Community Affairs in the New Jersey Administrative Code.
III. 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 no earlier than 120 days subsequent to passage in accordance with applicable law and receipt by the Department of Community Affairs of a certified copy of the ordinance.
D. In the event that the Commissioner of the Department of Community Affairs shall determine that the interest of public health, safety and welfare cannot be accomplished within this period, the Commissioner may notify the Borough that the Department will not accept jurisdiction for an additional period to be specified. During that extended period, the Borough will continue to enforce all existing regulations except that the Department’s fee schedule will become applicable on the effective date of this ordinance.
E. The individuals holding the positions of Construction Code Official and all subcode officials designated by this Ordinance to be replaced by the Department of Community Affairs shall be terminated in those positions effective with their replacement by Department of Community Affairs.
Offered By: C/Soden
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.
Kathy Bean, 7 South Main Street
· Had many concerns regarding the fees, services, and hours of operation of Department of Community Affairs.
· Was not happy with the Administration Department’s response when requested copy of previous minutes.
Mayor Reynolds and Stuart Moskovitz explain the fees and services of the Department of Community Affairs.
Mayor Reynolds asks Peter Gorbatuk what happened when Kathy Bean requested a copy of minutes?
Peter Gorbatuk states we explained that the minutes were not approved, we can give them to you, but they are not official minutes. You said you were having a difficult time reading the Ordinance on the board and the Deputy Clerk took the Ordinances off the board and copied them for you.
Mayor Reynolds explains for the public that the Minutes are a public document always available to the public prior to the meeting, but are not official until Mayor and Council approve them. You may come in and fill out an Opra Request for any reasonable amount of document that we approve, any document that comes into the Borough at your cost, which is a standard State fee. By State Law you are not entitled to private correspondence between Business Administrator and hand written notes.
Isabelle Lewis, 1 Park Avenue
· Voiced her concerns regarding passing an Ordinance without knowing how this will affect the residence of Englishtown.
Mayor Reynolds states we must present this Ordinance to the State. They will then come back to us and state what they will provide, at what cost and what hours. At that time we will make a determination. We are looking into all areas to save money.
Kevin Bozy, 12 Main Street
· What was the actual shortfall in the Department for the last three years?
Laurie Finger
· A copy is available on the table.
Kevin Bozy
· Concerned on dealing with state.
· Have you considered letting someone go in the Public Works Department?
C/Leonardis
· We have already let someone go from the Public Works Department.
There being no questions or comments, a motion to close the public hearing was
offered by C/Simon and seconded by C/Robilotti. Passed unanimously.
A motion to adopt Ordinance No.2007-04, above titled, was offered by C/Soden and
Seconded by C/Cooke. Passed on the following roll call:
Offered By: C/Soden
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
New Business
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
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 fifteen dollars ($15.00). 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.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-06 is scheduled for the May 23, 2007 Council Meeting, 7:30 p.m. at Borough Hall.
Borough of Englishtown
Resolution No. 2007-094
Approving Sewer Hookup to Englishtown Facilities
for Block 49, Lots 1.01 and 1.02 in Manalapan
Whereas, Mr. Fawzi Salib intends to build homes on two lots in Manalapan requiring hookup to Englishtown’s Sewer facilities;
Whereas, said connection is subject to the approval of Manalapan and the WMUA; and
Whereas, the Borough of Englishtown is amenable to granting this request provided all necessary approvals from other governmental agencies are obtained and certain other conditions are met:
Now Therefore, be it resolved by the Englishtown Borough Council that the connection to the Englishtown Sewer Main for Block 49, Lots 1.01 and 1.02 in Manalapan is approved conditioned on the following:
1.Formal written approvals by WMUA and the Township of Manalapan for the project and necessary sewer facilities construction and usage.
2.Approval by the Borough Engineer of maps indicating a 20-foot utility easement, to be dedicated to the Borough of Englishtown.
3.Payment of all connection fees to be determined by the Borough Engineer.
4.Posting of an escrow to cover all review and inspection of construction in an amount to be determined by the Borough Engineer.
5.Obtaining of all necessary permits from the Borough of Englishtown for any work performed within the borders of the Borough of Englishtown.
6.An agreement with the WMUA as to the percentage of the sewer fees for these two properties that will be forwarded to the Borough of Englishtown, to be negotiated by the Borough Engineer.
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, the Borough Engineer, the Borough Attorney, and the applicant’s engineer.
Offered By: C/Robilotti
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Resolution No. 2007-095
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 $1,848.30
are hereby authorized to be processed into purchase orders on May 9, 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/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
Resolution No. 2007-096
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 $210,334.95
are hereby authorized to be paid on May 9, 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/Soden
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
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.
Inaudible Name, 11a Main Street
· Concerned about the level of service we will get from the State, the amount of hours and the fees we will have to pay.
Mayor Reynolds states it has worked in other Municipalities and does not think there will be any problems.
Mr. & Mrs. Data, Jan’s Polish Deli, 24 Wilson Ave
· Sent letter requesting to purchase Davis Street located between Jan’s Deli and American Legion.
Mayor Reynolds states they will look into this.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
Executive Session
Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and
Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, litigation, contractual, negotiations, action may be taken; 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/Simon
Seconded By: C/Cooke
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
The time being 9:07 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Robilotti, seconded by C/Soden. Passed unanimously.
The time being 9:50 P.M.
The following Resolution was added to the agenda following Executive Session for
Resolution No. 2007-097
Authorizing Change of Payroll Company
Whereas, at the recommendation of the Chief Financial Officer, there is need to change payroll companies for the Borough of Englishtown; and
Whereas, the Finance Department has been experiencing some problems with the payroll process currently provided by Automatic Data Processing (A.D.P.) along with their costs increasing; and
Whereas, a proposal was submitted by Action Data Services on November 17, 2006 for the processing of the Borough of Englishtown’s payroll services at a significant cost savings.
Now Therefore Be It Resolved, by the Mayor and Council of the Borough of Englishtown, at the recommendation of the Chief Financial Officer, that Action Data Services perform payroll processing for the Borough of Englishtown effective July 1, 2007.
Be It Further Resolved that a certified true copy of this resolution be forwarded to Chief Financial Officer and Action Data Services.
Offered By: C/Robilotti
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
Adjournment
There being no further business a motion to adjourn was offered by C/Simon, seconded by C/Soden. Passed unanimously.
The time being 9:59 P.M.
June 13, 2007
Approved by Governing Body