** AGENDA **
February 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 – “Read Across America”
March 3, 2008
Proclamation – “Arc Awareness Month”
March, 2008
5. Approval of Minutes - January 9, 2008
6. Committee Reports
7. Correspondence
8. Borough Engineer’s Monthly Report – January 2008
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. 2008-063
Authorizing Transfer of Physical Custody, but not Legal Custody of Certain Public Records to the Monmouth County Archives
Support and Participation in the Volunteer Tuition Credit Program
Authorization Allowing Aerial Spraying of Pesticides by the Monmouth County Mosquito Extermination Commission
Authorizing Borough Engineer to Prepare Bid Specifications, Advertise and Receive Bids for Dey Street Reconstruction
Authorizing Purchases Over $800 – Police Dept – Pistols/Holsters
Authorizing Purchases Over $800 – Police Dept. – Ammunition
G. Resolution No. 2008-069
Authorizing Approval of Department Requisitions
H. Resolution No. 2008-070
Authorizing Payment of Borough Bills
I. Resolution No. 2008-071
Granting Temporary Access to 15 Main St. Parking Lot for Monitoring Well Installation
J. Resolution No. 2008-072
Authorizing Cablevision to Relocate Facilities During Off-Hours
11. Tax Collector’s Annual Report – January 1, 2007 – December 31, 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 7:31 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.
Mayor Reynolds reads aloud Proclamations and states copies are available for anyone to read.
March 2, 2008
March, 2008
There being no corrections, deletions or additions, a motion to approve the Minutes of January 9, 2008 was offered by C/Carr and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke, C/Leonardis
Nayes: None
Absent: C/Robilotti
Abstain: None
Peter Gorbatuk, Acting Municipal Clerk
Councilwoman Cooke reports:
Councilwoman Robilotti reports:
C/Carr
Councilman Soden reports:
Councilwoman Carr reports:
C/Leonardis
C/Carr
Councilman Simon reports:
C/Carr reads aloud report.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Mayor Reynolds states access is needed by DEP to drill a monitoring well at 15 Main Street to follow the flow of possible contaminates.
Kevin Bosie
Stuart Moskovitz, Borough Attorney
There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti. Passed unanimously.
New Business
RESOLUTION NO. 2008-063
PHYSICAL CUSTODY, BUT NOT LEGAL CUSTODY OF
CERTAIN PUBLIC RECORDS TO THE MONMOUTH COUNTY ARCHIVES
WHEREAS, the Monmouth County Archives is a department within the office of the Monmouth County Clerk in the State of New Jersey, having its principal office at 125 Symmes Drive, Manalapan, N.J. 07726; and
WHEREAS, said institution was established for the purpose of perpetuating knowledge of, and encouraging public interest in, the history of the Borough of Englishtown, and to acquire and preserve materials and information relevant to the social, economic and political history of the Borough of Englishtown; and
WHEREAS, it has been recommended to the Borough of Englishtown that it would be to the mutual advantage of both the Borough of Englishtown and Monmouth County Archives to enter into a deposit agreement providing for the transfer of physical custody, but not legal custody, of certain historical public records to the Monmouth County Archives, to be kept and maintained by the Society; and
WHEREAS, the Borough of Englishtown has considered said recommendation and is of the opinion that such transfer of said public records, reserving to the Borough of Englishtown the right to recall said public records, would be beneficial to the residents of the Borough of Englishtown and other persons interested in the history of the Borough of Englishtown; and
WHEREAS, the New Jersey Administrative Code, at 15:3-6.3(e)(3), provides that historically significant public records may be deposited in another institution with the approval of the Division of Archives and Records Management, Department of State; and
WHEREAS, it appears that the Monmouth County Archives is able to provide sufficient storage space, environmental controls, and security for the preservation of said public records in its facilities, and there to permit public access to said records during its regular business hours; and
WHEREAS, the Monmouth County Archives has requested physical custody of said public records, and desires to enter into a deposit agreement with the Borough of Englishtown stating the terms and conditions of the transfer of custody.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Governing Body of the Borough of Englishtown that the physical custody, but not legal custody, of the historical public records listed in Exhibit 1 of the proposed deposit agreement as attached, and/or any future additions or corrections made to this list under the terms of the said deposit agreement, shall be transferred to the Monmouth County Archives; and that the said records shall be maintained and made publicly accessible by said institution in its facilities for an indefinite period; and that the deposit agreement containing the specific terms and conditions of this transfer be executed by authorized officials of both the Borough of Englishtown and the Monmouth County Archives and made part of the official minutes of the governing body of the Borough of Englishtown.
Offered By: C/Robilotti
Seconded By C/Leonardis
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
VOLUNTEER TUITION CREDIT PROGRAM (P.L. 1998, c.145)
WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth, deems it appropriate to enhance the recruitment and retention of firefighters and emergency medical volunteers in the Borough of Englishtown; and
WHEREAS, the State of New Jersey has enacted P. L. 1998, c. 145 which permits municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Tuition Credit Program at no cost to the municipal government.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, State of New Jersey, County of Monmouth that the Volunteer Tuition Credit Program as set forth in P. L. 1998, c. 145 is herewith adopted for the volunteer firefighters and emergency medical volunteers in this municipality; and
BE IT FURTHER RESOLVED, that the Acting Municipal Clerk is herewith delegated the responsibility to administer the program and is authorized to enter into all agreements and to maintain files of all documents as may be required under the P. L. 1998, c. 145, a copy of which is herewith made part of this resolution.
· We need more information on Resolution No. 2008-064.
Discussion between Mayor Reynolds, Council and Laurie Finger, Borough Administrator regarding firefighters and emergency medical volunteers tuition reimbursement continues.
Mayor Reynolds requests a motion to Table Resolution No. 2008-64 to discuss further.
A motion to table was offered by C/Carr and seconded by C/Soden. Passed unanimously.
///// TABLED \\\\\
This Resolution will be further considered at the March 12, 2008 Council Meeting
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-065
AUTHORIZATION ALLOWING AERIAL SPRAYING OF PESTICIDES
BY MONMOUTH COUNTY MOSQUITO EXTERMINATION COMMISSION
WHEREAS, the Governing Body of the Borough of Englishtown in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Englishtown; and
WHEREAS, we understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.
NOW, THEREFORE, BE IT RESOLVED it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.
BE IT FURTHER RESOLVED by the Mayor and Council of the Borough of Englishtown that this approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.
///// TABLED \\\\\
Mayor Reynolds requests motion to table Resolution No. 2008-065 until we can receive further information on product to be used.
Motion to Table was offered by C/Carr and seconded by C/Soden. Passed unanimously.
This Resolution will be further considered at the March 12, 2008 Council Meeting
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-066
TO PREPARE BID SPECIFICATIONS, ADVERTISE AND RECEIVE BIDS
FOR DEY STREET IMPROVEMENTS/RECONSTRUCTION
WHEREAS, the Borough of Englishtown desires to improve/reconstruct Dey Street; and
WHEREAS, the Mayor and Council has authorized the Borough Engineer to prepare bid documents for the project.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Borough Engineer is hereby authorized to prepare bid specifications, advertise and receive bids for the Dey Street Project.
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
RESOLUTION NO. 2008-067
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:
Police Dept. - (10) Glock 21 Pistols, Holsters & Magazine Pouches – $3,272.00
Purchased From:
Lawmen Supply
5521 White Horse Pike
Egg Harbor City, N.J. 08215
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/Robilotti
Seconded by: C/Carr
C/Simon
· Request Mayor Reynolds let the public know where the money is coming from.
Mayor Reynolds states Resolution No. 2008-067 and Resolution No. 2008-068 money is coming from a police law enforcement trust fund.
Roll Call:Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-068
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:
Police Dept. - Ammunition – $2,490.00
Purchased From:
Eagle Point Gun Shop
T J Morris & Son
1707 Third Street
Thorofare, N.J. 08086
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/Robilotti
Seconded by: C/Leonardis
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. 2008-069
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 $12,303.47
are hereby authorized to be processed into purchase orders on February 27, 2008.
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/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
RESOLUTION NO. 2008-070
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 $70,281.67
are hereby authorized to be paid on February 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/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. 2008-071
Granting Temporary Access to 15 Main Street
Parking Lot for Monitoring Well Installation
WHEREAS, the Borough of Englishtown has received correspondence from Environmental Liability Management, Inc., of Princeton, New Jersey, on behalf of the former property owner, Sovereign Bank, indicating the need to conduct an environmental investigation under the direction of the New Jersey Department of Environmental Protection (NJDEP) at the site known as 14 S. Main Street; and
WHEREAS, Environmental Liability Management, Inc., is requesting permission from the Borough of Englishtown to enter the premises at 15 Main Street for the purpose of installing a monitoring well within the parking lot to determine the extent of contamination from their site at 14 S. Main Street; and
WHEREAS, additional documentation has been reviewed, including drawings and reports establishing the need to extend the investigation onto Borough property; and
WHEREAS, the Borough is required by law to cooperate with Environmental Liability Management, Inc., in their state-mandated investigation:
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough will grant access to Environmental Liability Management, Inc., to conduct the necessary testing, provided it is performed pursuant to a contract between the Borough and Environmental Liability Management, Inc. providing for the following:
For purposes of the following, “Applicant” shall refer to Sovereign Bank and Environmental Liability Management, Inc., jointly and severally:
1. Applicant will take reasonable precautions to minimize damage to the premises from the work and shall restore said premises to as close to original condition as reasonably possible within thirty (30) days after the completion of the work.
2. Applicant will be liable for all damages to the property caused by their entrance, performance and/or utilization of the premises in any manner.
3. The Borough will be notified at least thirty days in advance of the date on which Applicant intends to enter the premises.
4. Applicant will indemnify, hold harmless, and defend the Borough from and against property damage or personal injury to any party arising out of the work performed, and to require its contractors to carry adequate insurance coverage related thereto.
5. Applicant will expedite the work so that it is completed within the shortest reasonable time.
6. Applicant will install the ground water monitoring well in the asphalt-paved parking lot, flush-mount to the ground surface and will not interfere with daily business activities. The approximate location of the monitoring well will be in the parking lot area approximately seventy-five feet south of the municipal building, away from highly traveled areas.
7. The well will be installed to a maximum depth of fifteen feet below the ground surface with ten feet of screened PVC.
8. In accordance with NJSA 58:10B-16.a.(2), Applicant will be liable for the costs of any disruption in the operations of the Borough caused by their work.
9. In accordance with NJSA 58:10B-16.a.(2), Applicant will be liable for the costs of any remediation by the Borough necessitated by the failure of Applicant to properly restore the property.
10. In accordance with NJSA 58:10B-16.a.(2), Applicant will be liable for the costs of any damages, penalties or liabilities resulting from the remediation.
11. In accordance with NJSA 58:10B-16.a.(2), Applicant will be liable for the costs of any liability resulting from the entry of persons onto the property to perform the remediation.
BE IT FURTHER RESOLVED, that the Borough Attorney shall be authorized to negotiate a contract meeting the foregoing requirements for signature by the Mayor.
Offered By: C/Soden
Seconded By: C/Leonardis
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. 2008-072
Granting Permission to Cablevision
to perform repair work
WHEREAS, Cablevision has informed the Borough of Englishtown that it intends to make repairs in the vicinity of Englishtown Bridge MN-30, and seeks permission to interrupt service and traffic for that purpose; and
WHEREAS, the Borough recognizes its obligations under applicable regulations to permit this repair work:
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough will grant permission to Cablevision to do repairs to its facilities with the understanding that Cablevision will be responsible for any damages to Borough facilities resulting therefrom; that Cablevision will advertise the temporary suspension of service for one week in advance on Local Channel 118; and that Cablevision will assure that a lane of traffic remains operable to permit all traffic to pass during the time of the repair work, under police supervision. It is anticipated that, weather permitting, the work will commence on March 12, 2008 at 1:00 a.m., but in any event, the disruption of traffic and suspension of service will occur within a window wholly between 1:00 a.m. on the day the work is commenced, and 6:00 a.m.
Resolution Amended at the February 27, 2008 Council Meeting Offered by C/Carr and Seconded by C/Robilotti to add passage:
NOW, THEREFORE BE IT FURTHER RESOLVED, that the Acting Municipal Clerk shall receive from Cablevision a complete list of residents that would be directly affected
by Cablevision’s service outage and the Borough of Englishtown’s Office of the Municipal Clerk shall notify each affected resident via regular mail prior to work being performed.
Offered By: C/Robilotti
Seconded By C/Soden
· Were residents notified of service being interrupted?
Peter Gorbatuk, Acting Municipal Clerk
· Cablevision will advertise on cable channel 118.
Mayor Reynolds asks if Cablevision will be notifying residents by mail?
Peter Gorbatuk, Acting Municipal Clerk
· No.
Mayor Reynolds asks if the borough is liable?
Stuart Moskovitz, Borough Attorney
· Borough has no liability. What we can do is put something on our bulletin board saying Cablevision phone service will be interrupted March 12th make sure you have a cell phone.
Discussion continues between Mayor Reynolds, Council, and Stuart Moskovitz, Borough Attorney.
Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to contact Cablevision and have them give us a list of all residents that will be directly affected by service outage and we will notify them by letter.
Roll Call: Ayes: C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: C/Soden
Abstain: None
Absent: None
Tax year 2008 $ 13, 620.90
Tax year 2007 $4,360,360.80
Tax year 2006 $ 75,198.08
Year End Penalty $ 1,155.47
Interest $ 15,881.36
Search Fee $ 10.00
Duplicate Bill Fee $ 390.00
Misc. To Be Refunded $ 1,870.78
Total $4,468,487.39
Inquiry from Councilwoman Carr regarding taxi ordinance.
Discussion is held between Mayor Reynolds, Stuart Moskovitz, Borough Attorney and Peter Gorbatuk, Acting Municipal Clerk regarding the Borough’s taxi insurance requirements.
Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to inquire by the next meeting what other local municipalities require as liability insurance. The taxi ordinance will be further discussed at the March 12th Council Meeting.
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.
Kevin Bosies
· How does Governor Corzine’s proposal affect Englishtown?
Mayor Reynolds states the Borough of Englishtown receives $242,000 in state aid. If the State acts on the legislation proposed we are looking at about a 10-cent increase should they take away our state aid.
Joyce Stipple
· On TV last night I heard all housing in New Jersey has come down 4% in value. Has our revaluation come down 4%?
Mayor Reynolds replies no, you have to show that your value of your house from when they evaluated it has gone down 15%. For instance a $100,000 house that you claim is only worth $83,000 you would have to prove that to the court.
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 contractual, personnel, potential litigation, negotiation; 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/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: C/Soden
Abstain: None
Absent: None
The time being 8:32 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/Carr. Passed unanimously.
The time being 9:55 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Robilotti. Passed unanimously.
The time being 9:57 P.M.
_____April 9, 2008_________ ________________________
Approved by Governing Body Acting Municipal Clerk