** AGENDA **
September 10, 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. Executive Session
5. Proclamation – “National Assisted Living Week”
September 9-15, 2007
6. Approval of Minutes – July 25, 2007
7. Committee Reports
8. Correspondence
9. 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.
10. New Business
A. Resolution No. 2007-151
Urging the State of New Jersey to Take Financial Responsibility for the Cost of a Statewide Gypsy Moth Control Program
B. Resolution No. 2007-152
Opposing Assembly Bill No. 3959
Extension of Polling Place Hours
C. Resolution No. 2007-153
Authorizing Refund of Tax Appeal
D. Resolution No. 2007-154
Authorizing Refund of Taxes
E. Resolution No. 2007-155
Authorizing Purchases Over $800
Water Dept. – Calcium Hypochlorite Feed System
F. Resolution No. 2007-156
Authorizing Purchases Over $800
Water Dept. – Emergency Water Main Repair on Water St.
G. Resolution No. 2007-157
Authorizing Approval of Department Requisitions
H. Resolution No. 2007-158
Authorizing Payment of Borough Bills
I. Resolution No. 2007-159
Transfer of Retail Consumption Liquor License
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. Adjournment
The meeting was called to order by Mayor Reynolds at 7:36 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke,
Absent: C/Leonardis
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.
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; 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/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke, C/Robilotti
Nays: None
Absent: C/Leonardis
Abstain: None
The time being 7:40 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Carr, seconded by C/Soden. Passed unanimously.
The time being 8:23 P.M.
Mayor Reynolds states we are modifying the Agenda and will now introduce Resolution No. 2007-159 Transfer of Retail Consumption License.
RESOLUTION NO. 2007-159
WHEREAS, Vrajdahish, Inc., has applied for a person to person transfer of a
plenary retail distribution liquor license from Gajanand Corporation, trading as
Englishtown Liquors; and
WHEREAS, the applicant has submitted supplemental papers, including a lease
agreement, addendum to contract of sale and, explanation by the attorney for the
applicant that are deemed to be a part of the application as if attached thereto; and
WHEREAS, the Applicant has submitted a background investigation application
to the Borough Police Department and Chief Niziolek is in the process of completing
his review and issuing a report regarding the sale or transfer of the license; and
NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council that the person to person transfer of a plenary retail distribution liquor license from Gajanand Corporation, to Vrajdahish, Inc., is approved subject to a positive report from Chief Niziolek in accordance with law, and premised on the inclusion within the application for all purposes of the lease agreement, comments by the applicant’s attorney, and addendum to the contract of sale referenced hereinabove as if attached to the initial
application.
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/Soden
Seconded by: C/Carr
Stuart Moskovitz, Borough Attorney
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
C/Carr reads aloud National Assisted Living Week Proclamation 2007 Legacy of Love.
There being no corrections, deletions or additions, a motion to approve the Minutes of July 25, 2007 was offered by C/Simon and seconded by C/Roilotti. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke, C/Robilotti
Nayes: None
Absent: C/Leonardis
Abstain: None
C/Cooke
Mayor Reynolds asks C/Cooke to send a copy of Agenda to Laurie Finger, Borough Administrator.
C/Robilotti
C/Soden
C/Cooke
C/Carr
Discussion between Mayor Reynolds, Laurie Finger, Borough Administrator, Peter Gorbatuk, Acting Municipal Clerk and Council continue regarding the next step to be taken.
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/Carr and seconded by C/Simon. Passed unanimously.
New Business
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-151
URGING THE STATE OF NEW JERSEY TO TAKE FINANCIAL RESPONSIBILITY FOR THE COST OF A STATEWIDE GYPSY MOTH CONTROL PROGRAM
WHEREAS, as stated on the State of New Jersey Department of Agriculture website; the gypsy moth, in its caterpillar stage, is the most destructive hardwood defoliator ever to occur in New Jersey; and
WHEREAS, each year, since 1970, gypsy moth caterpillars have caused varying degrees of defoliation (leaf loss) between 1,910 – 800,000 acres of forest land; and
WHEREAS, Municipalities with heavy infestations of gypsy moths, as delineated by a summer aerial defoliation survey, are contacted in writing by the Department of Agriculture in early fall of each year, and asked if they wish to have a gypsy moth egg mass count; and
WHEREAS, if the residential or recreational forest has an average of more than 500 egg masses per acre, and is at least 50 acres in size it may qualify for participation in the cooperative Gypsy Moth Suppression Program; and
WHEREAS, in addition to delineating treatment areas, the Department of Agriculture also applies for U.S.D.A. Forest Service cost sharing funds which, if approved, results in a 50 percent reimbursement of the treatment cost; and
WHEREAS, the Department is also responsible for choosing the insecticide to be sprayed and in supervising the actual spray operation; and
WHEREAS, in the fall of 2006 the Department of Agriculture determined that there were counties with a total of 125,743 acres in need of gypsy moth suppression; and
WHEREAS, it is quite clear that the defoliation is a statewide problem; and
WHEREAS, the State of New Jersey is not restricted by the same 2.5% increase in expenditures or the 4% cap in tax revenues as municipalities are.
NOW, THEREFORE, BE IT RESOLVED the Governing Body of the Borough of Englishtown, State of New Jersey, County of Monmouth hereby calls upon the State Legislature to undertake immediate action to fully fund the Gypsy Moth Control Program, due to the devastating destruction gypsy moths will cause statewide; and
BE IT FURTHER RESOLVED that a copy of this resolution be distributed to Governor Jon Corzine, New Jersey Legislatures and New Jersey Municipalities, urging them to pass similar resolutions of support.
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Simon, C/Robilotti, C/Cooke
Nays: C/Soden, C/Carr
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-152
EXTENSION OF POLLING PLACE HOURS
WHEREAS, Assembly Bill No. 3959 was introduced by Assemblywoman Jennifer Beck, District 12, (Mercer and Monmouth), and;
WHEREAS, said Bill will expand polling place hours by one hour in the evening for primary and general elections, and;
WHEREAS, said legislation, if passed, would create another undue hardship on the election process in trying to recruit election board workers to work the long hours on Election Day. As it exists now, to add another hour would be ludicrous, especially during the primary elections, due to the small volume of voters at the polls on Primary Election Day, and;
WHEREAS, the Borough of Englishtown has seen board workers from other municipalities filling in the gap at the polls due to lack of board workers from Englishtown, this always creates a problem as some districts do not have the required board workers for that district, and;
WHEREAS, the election laws of the State of New Jersey have made it much easier for a voter to vote an absentee ballot, therefore cutting down on the volume at the polling place, and;
WHEREAS, unless this Assembly Bill as introduced by our legislators can prove to be an advantage to the voters of the State of New Jersey, by extending the Election Day hours by one extra evening hour, they should not vote in favor of this Assembly Bill.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that they strongly oppose Assembly Bill No. 3959, and urge our legislative representatives to not vote in favor of said Assembly Bill No. 3959.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to:
Honorable Ellen Karcher, State Senator
Honorable Michael Panter, State Assemblyman
Honorable Jennifer Beck, State Assemblywoman
The Municipal Clerks’ Association of New Jersey, Inc.
The Monmouth County Board of Elections
The Monmouth County Clerk
All Monmouth County Municipalities
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
WHEREAS, the Borough of Englishtown Tax Collector has reported receiving copies of Judgments issued by the Tax Court of New Jersey for tax years 2005 and 2006 for Block 1, Lot 1, located in Englishtown at 49 Lasatta Avenue, and;
WHEREAS, the Judgment amount for the year 2005 reduced the assessed value of said property creating an overpayment of taxes in the amount of $48,378.20 plus 5% interest due in the amount of $4,380.91, and;
WHEREAS, the Judgment amount for the year 2006 reduced the assessed value of said property creating an overpayment of taxes in the amount of $57,759.20 plus 5% interest due in the amount of $2,327.10,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorize a total payment in the amount of $112,845.41, which includes interest, to be refunded to McCarter & English, Attorneys at Law representing former property owner Ruck DiRubbio & MacCauley LLC (Liberty Manor), and
BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the McCarter & English Attorney at Law, Borough’s Tax Collector and Chief Financial Officer.
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
RESOLUTION NO. 2007-154
WHEREAS, the Tax Collector of the Borough of Englishtown has received the appropriate medical documentation from Susan Porter for the allowance of a 100% Totally Disabled Veteran Exemption of Taxes for the year 2007; and
WHEREAS, Susan Porter owns and resides at Block 13, Lot 19 located at 16 Tennent Avenue with property taxes totaling $4,098.47 for the year 2007; and
WHEREAS, the Tax Collector canceled said property taxes for 2007 creating an overpayment of 2007 property taxes in the amount $3,045.27 and is requesting the refund of taxes be paid to her Mortgage Company,
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 $3,045.27 to be refunded to First American Tax Service, 8435 Stemmons Freeway, Dallas, Texas 75247-3907.
BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.
Offered by: C/Robilotti
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-155
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 Dept – Calcium Hypochlorite Feed System $10,000.00
Purchased From:
LOC Pump & Equipment
P.O. Box 2225
Hackensack, N.J. 07606
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-156
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 Dept – Emergency Water Main Repair on Water St. $8,740.99
Services From:
Brenner Drainage & Excavating, Inc.
205 Dey Grove Road
Monroe Township, N.J. 08831
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/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-157
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 $26,200.29
are hereby authorized to be processed into purchase orders on September 10, 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/Robilotti
Seconded by: C/Soden
C/Cooke
Laurie Finger, Borough Administrator
C/Cooke
Laurie Finger, Borough Administrator
C/Soden
Laurie Finger, Borough Administrator
C/Soden
Mayor Reynolds asks Laurie Finger, Borough Administrator to get an update of when resolution was adopted for Council.
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-158
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 $197,481.63
are hereby authorized to be paid on September 10, 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/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke
Nays: None
Abstain: None
Absent: C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2007-160
GRANTING APPROVAL FOR RAFFLE APPLICATION NO. RA 2007-01
WHEREAS, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 17, 2007; and
WHEREAS, the Battleground Historical Society has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and
WHEREAS, the Mayor and Governing Body of the Borough of Englishtown finds that the Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and
WHEREAS, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and
WHEREAS, there is satisfactory proof that the Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and
WHEREAS, The Battleground Historical Society has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2007-01 for the Battleground Historical Society be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and
BE IT FURTHER RESOLVED, that a copy of Raffle License RA2007-01 be forwarded by the Acting Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and
BE IT FURTHER RESOLVED, on the fifteenth day after Raffle Application No. RA2007-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2007-01 may be issued to the Battleground Historical Society and copies of said license shall be distributed to the Licensee, the Acting Municipal Clerk, and the Borough of Englishtown Police Dept.
Offered By: C/Soden
Seconded By: C/Carr
Nays: None
Abstain: C/Cooke
Absent: C/Leonardis
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/Simon and seconded by C/Robilotti. Passed unanimously.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Robilotti. Passed unanimously.
The time being 8:46 P.M.
November 14, 2007
Approved by Governing Body Acting Municipal Clerk