**  AGENDA **

August 27, 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.            Proclamation – Ovarian Cancer Awareness Month – September 2008

5.            Approval of Minutes – July 9, 2008           

6.            Committee Reports

7.                  Correspondence

8.         Discussion Item: Enforcement of Borough Code Ordinances

   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. 2008-154  

                        Authorizing Purchases Over $800

Sewer Dept.- Cleaning of Sewer Line

B.            Resolution No. 2008-155

                        Authorizing Purchases Over $800

                        Sewer Dept. – Manhole Covers

C.            Resolution No. 2008-156

Authorizing Approval of Department Requisitions

D.            Resolution No. 2008-157

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 7:32 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.

* C/Carr arrives at 7:34 P.M.

Proclamation – September, 2008 Ovarian Cancer Awareness Month

Mayor Reynolds reads aloud Proclamation.

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of  July 9, 2008 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

Administration, Finance & Personnel

Councilwoman Leonardis reports:

·        Requests Budget 2009 be placed on agenda for discussion at our next Workshop Meeting.

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

• On September 11^th we are having the Patriots Day Memorial at 7:00 P.M. in front of Borough Hall and would like everyone to attend.
• Requested American Flag in front of Borough Hall be replaced.
• Thanked Christine Robbins, Deputy Clerk and Peter Gorbatuk, Acting Municipal Clerk for cleaning out boiler room to allow more room for record retention.

Public Safety

 Councilwoman Robilotti reports:

• Police Activity Report from August 11^th thru August 24^th total calls were 476, total motor vehicle stops 205. Overtime for arrest, investigation, DUI were 4 hours, court 15.5 hours, coverage due to illness, vacation, personal days were 8 hours. 
• Reads aloud email received from Mr. James Lacugna commending Officer Peter Cooke on his professional judgment.
• Attended the second Joint Service Summit Meeting and received a lot of information that will be forwarded to Laurie Finger, Borough Administrator and Peter Gorbatuk, Acting Municipal Clerk

Public Utilities

Councilman Soden reports nothing at this time.

Public Buildings & Grounds

Councilwoman Carr reports:

• Received preliminary report from the A.I.A.
• Meeting with Donna Drew is scheduled for September 11^th.  She is hoping by the next meeting she can do a presentation for Council on the final report.
• The week of September 8^th there will be a meeting on Affordable Housing Rules for the Housing Coalition. 

Legislative, Insurance & Licenses

Councilman Simon reports nothing at this time. 

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        Flu shots are scheduled for October 10^th from 2:00 P.M. – 3:00 P.M. at Borough Hall for Monmouth County residents.  Shots are free for Medicare Part B and Borough employees, all others will be charged a $20.00 Fee. 

·        Received Correspondence from Tom Herits regarding Dey Street pre construction meeting August 29^th at 10:00 A.M.

·        Received correspondence from Board of Education regarding use of their parking lot for business employees.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to send copy of all correspondence regarding parking lots to Stuart Moskovitz, Borough Attorney and Council to discuss and take action at next regular Council Meeting.

Discussion Item:  Enforcement of Borough Code Ordinances

Mayor Reynolds states that Chief Niziolek and Ed Miller, Code Enforcement Officer is present this evening for discussion and asks them to take a seat up front.

C/Cooke asks Ed Miller, Code Enforcement Officer how many hours he is given by the Borough to work on Code Enforcement.

Ed Miller responds approximately 10 hours a week.

C/Cooke states we would like both you and Chief Niziolek to find a way to possibly assist one another in getting our codes enforced more quickly and efficiently.

Discussion between Mayor Reynolds, Council, Chief Niziolek and Ed Miller continues regarding possibly assisting each other.

Mayor Reynolds states the police will issue a written warning and explain to resident that our Code Enforcer will be back to follow-up. This will give residents an opportunity to fix the problem. The Police Department will forward the written warning to Ed Miller to follow up.

C/Leonardis

·        How many warnings can be issued to the same person on the same offense.

Ed Miller

·        Three warnings and if not corrected they will receive a summons.

Mayor Reynolds asks Ed Miller, Code Enforcement Officer to keep a log and have it available for the Police Department so that if a Police Officer receives a complaint call he can see how many warnings were issued on the same complaint and in what time frame.

C/Cooke

·        Can we have Ed Miller, Code Enforcement Officer and Chief Niziolek review Ordinances that would need to be enforced by either party before they are published in newspaper?

Discussion between Mayor Reynolds, Stuart Moskovitz, Borough Attorney, and Council continue regarding Chief Niziolek and Ed Miller reviewing Ordinances.

Mayor Reynolds states that any issues or Ordinances that need to be addressed should be emailed to Laurie Finger, Borough Administrator and copied to chairperson.

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/Simon.  Passed unanimously.

New Business

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-154

AUTHORIZATION OF SERVICES OVER $800

            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:

Sewer Dept. – Cleaning of Sewer Line - $1,800.00

Purchased From:

Oswald Enterprises, Inc.

161 East Road

P.O. Box 126

Belford, N.J.  07718

            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/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. 2008-155

AUTHORIZATION OF SERVICES OVER $800

            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:

Sewer Dept. – Manhole Covers - $915.00

Purchased From:

Campbell Foundry Company

800 Bergen Street

Harrison, N.J.  07029

            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/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:           None

             Abstain:            None

              Absent:            None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-156

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 $6,177.02

 are hereby authorized to be processed into purchase orders on August 27, 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/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:           None

             Abstain:            None

              Absent:            None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-157

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 $438,915.25

                   are hereby authorized to be paid on August 27, 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/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:           None

             Abstain:            None

              Absent:            None

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.

Kathleen Heath, 1A Victory Drive

• My house is located in front of an intersection and have parked in front of my home for 20 years and never had a problem.  Why after 20 years is this state statue being enforced now? My neighbor was also issued a warning for parking in front of her own driveway and would like to know why?

Chief Niziolek

• This is a State law that was being enforced by our Police Department after receiving an anonymous complaint.

Mayor Reynolds states that if an anonymous complaint is issued the Police must go out and investigate; if they find a violation they need to issue that person a warning.

Mayor Reynolds states that we will revisit our Ordinance to possibly issue free permits allowing residents to park in front of his or her driveway.

Mayor Reynolds states if we are to enforce this State statue then all intersections in Englishtown should be painted and the public should be notified.

Mr. Burrows, 38 Tennent

• Curbing on Irving Place was never painted yellow, only a sign is there. Will you be painting that yellow?

Mayor Reynolds states we are going to address all these issues.

Stuart Moskovitz, Borough Attorney

• Received correspondence today from New Jersey Natural Gas regarding Hamilton Street reopening; they are willing to guarantee it for the time of moratorium.

Mayor Reynolds states this agreement is for 24 Hamilton St., but we also received correspondence from Laurie Finger, Borough Administrator stating that there were several homes on Hamilton Street that were re- opened up to two or three times by New Jersey Natural Gas. I would like something in writing that they will come back and do the same sealant that they will be doing at 24 Hamilton Street to those other properties so that that street is smooth.

C/Soden

• What about the Bond?

Discussion between Mayor Reynolds, Council, and Stuart Moskovitz, Borough Attorney continued regarding New Jersey Natural Gas and Bonding Company.

Mayor Reynolds asks Stuart Moskovitz, Borough Attorney to send a letter to NJNG informing them that we have a moratorium on Hamilton Street, which was opened and not repaired.

Stuart Moskovitz, Borough Attorney

• Correspondence will be sent to NJNG.

A motion to give 24 Hamilton Street owner permission to open the road was offered by C/Carr and seconded by C/Simon. Passed unanimously.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to send a registered letter to Brian Brach owner of 24 Hamilton Street informing him of our decision.

C/Soden

·        Several months ago C/Carr mentioned having prisoners from Sheriffs Department do work for us and would like to look further into it.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to send a letter to Sheriff’s Department inquiring on procedure to be taken in order for us to get a couple of people at a time to do some work.

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 possible litigation; 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/Simon

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

                   Nays:            None

                Absent:              None   

               Abstain:              None

The time being  9:14 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/Robilotti. Passed unanimously.

The time being  9:38 P.M.

Adjournment

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

The time being  9:39 P.M.

___October 6, 2008________                                          ________________________

Approved by Governing Body                                          Acting Municipal Clerk