** AGENDA **
August 13, 2008
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. Meeting Workshop
5. Proclamation:
Supporting the Over the Limit Under Arrest 2008 Statewide Crackdown
6. Approval of Minutes – June 25, 2008
7. Committee Reports
8. Correspondence
9. Borough Engineer’s Monthly Report – August 2008
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. Old Business
A. Ordinance No.2008-07 – Public Hearing & Adoption
Amending Chapter 2.106 Entitled “Sewer”
B. Ordinance No. 2008-08 – Public Hearing & Adoption
Amending Chapter 2.126 Entitled “Water”
12. New Business
A. Resolution No. 2008-146
Authorization of Purchases Over $800
Water/Sewer Dept. – Manhole & Water Box Risers
B. Resolution No. 2008-147
Emergency Temporary Appropriations
Introduction of 2008 Municipal Budget
Renewal of Membership in Municipal Joint Insurance Fund
Authorizing Approval of Department Requisitions
Authorizing Payment of Borough Bills
Permitting “ERUV” Markers on Utility Poles
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. Executive Session
15. Adjournment
The meeting was called to order by Mayor Reynolds at 7:34 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 June 25, 2008 was offered by C/Robilotti and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: C/Carr
Abstain: None
Mayor Reynolds began Meeting Workshop by addressing all open items brought before Council that have not yet been resolved. They are as follows:
C/Robilotti states we can have employees fill out cards with suggestions on ways to streamline operations or any problems.
Mayor Reynolds states that it would be too costly to train the people needed and with state cuts we could not pursue this at this time.
C/Leonardis states it is a nice idea, but we do not have the resources. Maybe a big organization would like to use the Lake for fundraising, i.e. Cancer Society.
Mayor Reynolds asks Laurie Finger, Borough Administrator and Peter Gorbatuk, Acting Municipal Clerk to look into this further.
Mayor Reynolds states this is still being pursued.
Mayor Reynolds states there was to be a Resolution on the School Board Agenda in July allowing the borough business owner’s employees to use the school parking lot. Due to a personnel change at the school this was overlooked. Peter Gorbatuk, Acting Municipal Clerk confirmed with Dean Allison, Assistant School Board Business Administrator it will be on the Agenda for the August 12th, 2008 School Board Meeting.
Mayor Reynolds states this is still being pursued.
Mayor Reynolds relayed information from Peter Gorbatuk, Acting Municipal Clerk that the SDAT Committee has until August 15th to forward their report. Peter Gorbatuk, Acting Municipal Clerk will follow up.
Mayor Reynolds states if Council wishes to pursue this they need to do so quickly so as not to be rushed into decisions.
Administration, Finance & Personnel
Councilwoman Cooke reports:
Mayor Reynolds states that there is also another storage facility in Englishtown that can be looked into and asked Laurie Finger, Borough Administrator and Peter Gorbatuk, Acting Municipal Clerk to look into this.
Councilwoman Robilotti reports:
Councilman Soden reports:
Councilwoman Carr was not in attendance; nothing was reported.
Councilman Simon reports nothing at this time:
o Dey Street - The Mayor and Council have passed a resolution authorizing the Borough Engineer to prepare plans and specifications, and advertise for bids. Bid documents have DOT approval. Bids were received July 2, 2008. Project has been awarded to S Batata, South River, NJ.
· Main Street void grouting project is complete, was inspected and approved by the County, and is being closed out.
· Conrail
The Borough Engineer reviewed the exposed drainage pipe, and sinkhole, located on the east side of South Main Street at the RR crossing with Bernie Mailey, of Conrail. It is Conrail’s position that when the Borough extended the existing pipe as part of the South Main Street improvements, the Borough became responsible for the maintenance of the said pipe. The Borough Engineer will review this matter with the Public Works. In addition, the Borough Engineer reviewed this with the Manalapan Engineer to be possibly included with the Highbridge Road/Iron Ore Road project.
· DOT Applications FY 2009
Applications were submitted June 2008 for improvements for Victory Drive and Center Street; pedestrian crosswalk lighting systems for Main Street; and, continue the curb and sidewalk on Park Avenue, Conover Street, Station Street, and South Main Street (Pedestrian Safety).
This year’s applications were submitted on-line through the DCA’s SAGE system.
· Monmouth County
The Borough Engineer reviewed the drainage impacts on Victory Drive, from Tennent Avenue, with the County Engineer. It appears that the County may be willing to make a contribution to drainage improvements on Victory Drive, and will make a commitment upon reviewing the scope of work and the Borough’s receipt of grants and other sources of funding.
The Borough reviewed the proposed Highbridge Road/Iron Ore Road and Park Avenue/Conover Road Improvements; and, the Manalapan/Englishtown road swap with the Manalapan Mayor and Engineer. The Borough has decided not to enter into an agreement with the County and Manalapan.
The Borough responded to the Monmouth County Planning Board regarding the Route 9/Western Monmouth Development Plan.
There is a meeting with the County Engineer on August 6th regarding the status of the MN-30 bridge reconstruction.
· CDBG
CDBG is soliciting applications for projects for the next program year. The Borough itself is ineligible due to the recent census data. However, the Borough could apply for funds for projects related to ADA access to municipally owned property, ADA playground equipment, etc.
· Monitoring Wells @ Landfill
Yearly sampling and analysis has been completed. We have completed and reports and paperwork, and forwarded all to the DEP.
· Shuttle Bus
The Engineer spoke to the Monroe Township Administrator’s Office, and Monroe is not interested in sharing their shuttle bus service at this time.
· Development Projects
a. Oxford Crossing – Minor punchlist items remain to be addressed; information regarding the public hearing required for the performance bond release was forwarded to the developer. We have been in touch with the Association’s engineer regarding coordination re: their punch list.
b. Quick Chek – Minor punch list items remain to be addressed, a public hearing will be required for the performance bond release. The adjacent property owner has submitted a report regarding the conditions of home as a result of the Quick Chek construction.
c. Village Center – On-going.
d. Elon – Status should be reviewed with the Borough Attorney.
e. Knights of Columbus – Submitted application to the Joint Planning /Zoning Board for a new building.
f. Ahl’e Baith - Submitted application to the Joint Planning /Zoning Board for a new building on the old Chomko property.
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/Simon. Passed unanimously.
BOROUGH OF ENGLISHTOWN PUBLIC HEARING &ADOPTION
ORDINANCE NO. 2008-07
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 2.106 (SEWERS) OF THE
“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”
BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:
1. Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:
B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after August 13 2008, be charged a connection fee of $927.00 (nine hundred twenty-seven) dollars.
2. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
3. This ordinance shall take effect upon final adoption and publication pursuant to law.
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/Soden and seconded by C/Simon. Passed unanimously.
A motion to adopt Ordinance No.2008-07, above titled, was offered by C/Soden and
seconded by C/Simon. Passed on the following roll call:
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
BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION
ORDINANCE NO. 2008-08
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 2.126 (WATER) OF THE
“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”
BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:
1. Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:
A. Taps.
(1) For all taps on installations from the main to the curb stop made by the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit:
$2,816.00 (two thousand, eight hundred and sixteen dollars) per
E.D.U.
2. Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.
3. This Ordinance shall take effect following final adoption and publication pursuant
thereto.
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/Soden and seconded by C/Simon. Passed unanimously.
A motion to adopt Ordinance No.2008-08, above titled, was offered by C/Soden and
seconded by C/Simon. Passed on the following roll call:
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
New Business
RESOLUTION NO. 2008-146
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/Sewer Dept. – Manhole & Water Box Risers - $2,355.00
Purchased From:
Campbell Foundry Company
800 Bergen Street
Harrison, N.J. 07029-2098
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered By: C/Soden
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. 2008-147
EMERGENCY TEMPORARY APPROPRIATIONS
WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2008 Budget and no adequate provision has been made in the 2008 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 2008 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $1,035,928.00
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 $198,819.00 as per attached sheets.
2. Said emergency temporary appropriations will be provided for in the 2008 budgets.
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/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH,
FOR FISCAL YEAR 2008,
WITH STATEMENTS OF REVENUES AND APPROPRIATIONS
WHICH SHALL CONSTITUTE THE LOCAL BUDGET FOR THE YEAR 2008
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal budget for the year 2008.
BE IT FURTHER RESOLVED, that the said budget be published in The Asbury Park Press in the issue of August 28, 2008.
The Governing Body of the Borough of Englishtown does hereby approve the following as the budget for the year 2008:
1. Appropriation within "Caps"
Municipal purposes (Item H-1, Sheet 19)
(N.J.S. 40a:4-45.2) $1,497,544.00
2. Appropriations excluded from "Caps"
Municipal purposes (Item H-2, Sheet 28)
(N.J.S. 40a:4-45.3 as amended) $ 293,351.57
Total general appropriations excluded From
"Caps" (Item 0, Sheet 29) $ 293,351.57
3. Reserve for uncollected taxes (Item M,
sheet 29) -based on estimated 95.83% of
tax collections $ 185,000.00
4. Total general appropriations
(Item 9, Sheet 29) $1,975,895.57
5. Less: Anticipated revenues other than
current property tax (Item 5, Sheet 11)
(i.e. surplus, misc. revenues and receipts
from delinquent taxes) $1,124,734.30
6. Difference: Amount to be raised by taxes
for support of Municipal Budget (As Follows)
A. Local tax for Municipal purposes
including reserve for uncollected
taxes (Item 6 (A), Sheet 11) $ 851,161.27
Notice is hereby given that the Budget and Tax Resolution is approved by the Mayor and Council of the Borough of Englishtown, County of Monmouth on August 13, 2008.
A hearing on the Budget and Tax Resolution will be held at 15 Main Street, Englishtown, NJ 07726 on September 10, 2008 at 7:30 p.m. at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.
Offered By: C/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
BOROUGH OF ENGLISHTOWN
THE MONMOUTH MUNICIPAL JOINT INSURANCE FUND
WHEREAS, the Borough of Englishtown is a member of the Monmouth Municipal Joint Insurance Fund; and
WHEREAS, the existing membership terminates on December 31, 2008; and
WHEREAS, the Municipality desires to renew said membership for the calendar year 2009;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Borough of Englishtown agrees to renew its membership in the Monmouth Municipal Joint Insurance Fund for the calendar year 2009 and to be subject to the Bylaws and Regulations, coverage, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.
2. The Mayor and Clerk shall be and hereby authorized to execute the
agreement to renew membership annexed hereto and made a part hereof
and to deliver same to the Monmouth Municipal Joint Insurance Fund
evidencing the Municipality’s intention to renew its membership.
Offered By: C/Simon
Seconded By C/Robilotti
Council discussion: Some did not agree with the $250.00 incentive for council training because if they can give you money back, you probably are paying too much of a premium.
Roll Call: Ayes: C/Simon, C/Cooke, C/Leonardis
Nays: C/Soden, C/Robilotti
Absent: C/Carr
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-150
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 $163,037.66
are hereby authorized to be processed into purchase orders on August 13, 2008.
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 requisitions hereby authorized to be processed into purchase orders.
Offered By: C/Simon
Seconded By C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-151
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 $363,426.93
are hereby authorized to be paid on August 13, 2008.
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/Simon
Seconded By C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-152
ON UTILITY POLES ALONG CERTAIN MUNICIPAL
STREETS & ROADS WITHIN THE BOROUGH OF ENGLISHTOWN
WHEREAS, community groups and synagogues have applied to Verizon and Jersey Central Power and Light for permission to attach markers to the utility poles for the purpose of establishing an “ERUV” area;
WHEREAS, such use of these facilities cannot be obtained without the approval of the Borough Council permitting the placement of makers on the utility poles along certain municipal roads; and
WHEREAS, such markers were attached in 2007 pursuant to a one year lease agreement which is sought to be renewed this year; and
WHEREAS, the Borough of Englishtown, while as a government body, it does not formally participate in the practices of any religion, permits the free expression and practices of all religions within its borders;
NOW THEREFORE BE IT RESOLVED by the Borough Council of Englishtown that in order to enable certain religious groups to freely practice their religion without government interference, the Borough hereby grants permission to the Jewish Learning Center of Monmouth County, Inc. to attach markers on utility poles along certain municipal roads as will be described in the permit application, subject to the approval of the utility, such markers to be no more than necessary to meet the religious needs of the applicant, without being obtrusive to the general appearance of the poles and community.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a renewal of a lease with the Jewish Learning Center of Monmouth County, Inc., permitting the use of Borough domain for such purposes, in a manner that does not interfere with any other use by the Borough or community of such domain. Said lease shall be identical to the lease executed by the Borough in 2007, except that it shall be for a period of 3 years, commencing
September 1, 2008.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be distributed to the Borough Administrator, the Borough Attorney, Chief of Police, Verizon, JCP&L, and the Jewish Learning Center of Monmouth County, Inc., as well as any other community group or synagogue that wishes to avail itself of the “ERUV” established by the Jewish Learning Center of Monmouth County, Inc.
Offered By: C/Simon
Seconded By C/Leonardis
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: C/Carr
RESOLUTION NO. 2008-153
RESOLUTION OPPOSING S-1976/A-2982, AN INCREASE IN STATE POLICE SURCHARGES TO DEFRAY COSTS OF LOCAL POLICE SERVICES
WHEREAS, Governor Corzine’s Fiscal Year 2009 budget reduced State Police funding for municipalities, and;
WHEREAS, Senate Bill No. 1976, sponsored by Senator Van Drew, and Assembly companion, A-2982 (Milan) impose a $40 surcharge on all motor vehicle violations to defray some of the costs of providing local police services, and;
NOW THEREFORE BE IT RESOLVED, that the governing body of Englishtown, county of Monmouth do hereby reject the surcharge rates as proposed in S-1976/A-2982 and do not support its adoption thereof.
Offered By: C/Robilotti
Seconded By C/Leonardis
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.
Isabelle Lewis, One Park Avenue
· Happy that the Mayor and Council decided not to agree with the County Road Exchange Project. At one time she faced the possibility of loosing her home if this project was to be completed. Thank you Mayor and Council.
There being no further questions or comments, a motion to close the public portion was offered by C/Simon 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, litigation, 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/Simon
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: C/Carr
Abstain: None
The time being 8:50 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 10:14 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Robilotti, seconded by C/Leonardis. Passed unanimously.
The time being 10:15 P.M.
___September 24, 2008 _____ ________________________
Approved by Governing Body Acting Municipal Clerk