** AGENDA **

January 23, 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.                  Approval of Minutes  - December 17, 2007

- Special Meeting – December 27, 2007

5.            Committee Reports

6.            Correspondence

·        Acting Municipal Clerk

·        Chief Financial Officer

7.            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.

8.                  Old Business:

A.                 Resolution No. 2008-004  - TABLED at 1/3/08 & 1/9/08 mtg.

Appointment of Borough Engineer

9.            New Business:

A.                 Resolution No. 2008-050

Mayoral Resolution Amending Mayor Appointments of UPZB Members at Reorganization Meeting Held January 3, 2008

B.                 Resolution No. 2008-051

Authorizing Services Over $800

Borough Hall Electrical Work

C.                 Resolution No. 2008-052

Authorizing Services Over $800

2008 Interlocal Agreement for Animal Control Services

D.         Resolution No. 2008-053

Authorizing Approval of Department Requisitions

E.         Resolution No. 2008-054

Authorizing Payment of Borough Bills

10.            Tax Collector’s Report – December 2007

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/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. 

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of December 17, 2007 and Special Meeting December 27, 2007was offered by C/Simon and seconded by C/Robilotti.  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

C/Leonardis

• Met this evening before the regular meeting with C/Robilotti, Peter Gorbatuk, Acting Municipal Clerk and Laurie Finger, Borough Administrator to continue work on Personnel Policy and have covered most of the difficult sections.

C/Cooke

• Met with Ed Miller, Code Enforcement Official and Ralph Kirkland, Zoning Officer last week.  Would like to set up meeting with Council to discuss the need for hours.

Mayor Reynolds asks Council if Saturday, January 26^th is good for everyone to discuss Ed Miller’s increase in hours. Council consensus unanimous.

C/Cooke

• Would like an official I.D. for John Hartman, who is a member of the First Aid Squad and a professional photographer who comes to the scene of major fires and takes pictures for us free of charge.  The I.D. is so he can officially get onto the scene of major fires and also for court appearances.

Stuart Moskovitz, Borough Attorney

• The I.D. should state Fire Borough Photographer.

C/Robilotti

• Police Activity Report was 349 motor vehicle stops and 194 routine calls for service.  Copies of report are available.

• Attended the Calibra Press Police Street Survival Seminar in Atlantic City yesterday and today.  Seminar was excellent and would like our officers to attend on a rotation basis.
• Toys that were collected were distributed to Ronald McDonald House and we received a very nice Thank You letter.

C/Soden

• Sewer was repaired on Park Avenue.
• Four Certified Letters for water/sewer non-payment have been sent.
• Sworn in at Planning Board Reorganization meeting last night were Rudy Rucker as Chairman and Harvey Klein as Vice Chairman.

C/Carr

• Received $3,000.00 Tree Grant from State. 
• Sent out RFPS for a Certified Forester and received one response from William Brash a New Jersey approved Consultant Forester @ $2950.00.  Would like approval tonight to move forward on getting project started.

At this time Mayor Reynolds adds Resolution 2008-055 – Appointment Of Consultant Forester to tonight’s Agenda.

C/Carr

• Met with Donna Drews and Rich Kopes past president of Jersey Shore Architects.  Jersey Shore Architects has adopted Englishtown and they are looking for us to put a plan in place. Some suggestions were parking time signage at the Main Street and Hamilton Street parking lot, shared service with Assembly of God Church for usage of parking.
• Getting ready for The Village Inn budget and would like to ask Council if Stuart Moskovitz, Borough Attorney can research if it is legal in someway for the Municipality to financially support The Village Inn so that we can discuss at the next budget meeting.

C/Leonardis

·        Do they have a license to do fundraising.

C/Carr

·        They are non-profit and they can do fundraising.

C/Cooke

·        Most of the members are in their 80’s and it is very difficult for them.  They have a soup day and they sell items at the fall festival.  They sell books at other fairs and it is still difficult for them to just pay the gas bill and water bill every month.

C/Leonardis

·        My concern is the fact that you don’t have membership, which speaks for itself that the general population in Englishtown shows lack of interest.

C/Carr

·        The public that did come to different sessions were all in agreement that this is one of our top three assets and we as a Council should support it.

Mayor Reynolds asks Stuart Moskovitz, Borough Attorney to check whether there is any legislation regarding this matter. 

Mayor Reynolds asks C/Carr if there is any federal or state funding being this is a historical site?

C/Carr

·        They have applied and received grants for general maintenance of structure.  They have been successful on a County and State level.

Mayor Reynolds asks C/Cooke to send letters from the Borough and Historical Society to

our State representatives and our representatives in Washington asking for open end funding due to the fact this is a historical site.

C/Carr

·        Met with Rick Guffanti, PublicWorks and asked that he put in place a system for recording the department’s work.. Each Public Works employee has given me 15-30 minute intervals of their workday with Rick Guffanti signing each one daily and myself signing them at the end of the week.

·        All of the OSHA violations have been satisfied; letter to that affect has been received from OSHA.

·        Will we be addressing Parking Ordinance that was TABLED at last Council Meeting?

·        Bathroom in parks have been closed and winterized and waiting for re-inspection.

Mayor Reynolds states we will put discussion on Parking Ordinance on Agenda for next Council Meeting.

 C/Simon 

• Nothing at this time.

Mayor Reynolds states that over the years Council Members have had an open forum for the public to contact them at home, by telephone or on the street and would like that to continue. Commencing from tonight I would like all Council Members to forward all questions when contacted by the public to Laurie Finger, Borough Administrator who will then research and forward the information back to us.  The only person that should be contacting our borough attorney is Peter Gorbatuk, Acting Municipal Clerk or Laurie Finger, Borough Administrator. Council Members are not to contact Borough Attorney unless there is an emergency situation.

Mayor Reynolds reads aloud report from revaluation.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        Received another Municipal Excess Liability Joint Insurance Fund request for elected official seminar.  The next seminar is on Wednesday, January 30^th at 7pm in the Borough of Shrewsbury.  I will pass registration form for Council Members to sign.

·        Received a request from Cablevision asking to work between the hours of 1:00am – 6:00am on Center Street, Wood Avenue and LaSatta Avenue.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk if the County will provide police protection at 1:00 a.m.?

Laurie Finger, Borough Administrator

·        Someone will have to provide police protection but right now they are just asking permission.

Stuart Moskovitz, Borough Attorney

·        Cablevision will have to notify their customers that there will be no service between those hours.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to get clarification on why those streets, what are they going to do with their customers who will have their phone service shut down during those hours and if they are providing an alternate service for emergency calls?

Peter Gorbatuk, Acting Municipal Clerk

·        Correspondence received for a 2008 Redevelopment Forum (New Jersey’s Futures Redevelopment), which will be held Friday, February 29^th at Hyatt Hotel & Conference Center in New Brunswick from 8:00 a.m. thru 4:30 p.m. Copies will be distributed to Council.

·        Received notice from the Monmouth County Planning Board regarding implementation of the State Recycling Tax.  Copies have been distributed to Council.

·        Correspondence received from the National Flood Insurance Program stating the Department of Homeland Security and FEMA has undertaken a wide study for Monmouth County as part of this study Flood Hazard Data for incorporated communities in Monmouth County will be combined into one set of maps.

·        Received information that the month of March is Women’s History Month sponsored by the New Jersey Department of Community Affairs on Women and the New Jersey Advisory Commission On The Status of Women will be presenting awards in Honor of the late Connie Woodruff and Senator Wanoma M. Lipman. Nomination deadline is January 31^st; applications are in the Clerk’s office. 

·        Would like to ask Stuart Moskovitz, Borough Attorney to address Council regarding where we stand as a Municipality with the Taxi Cab Ordinance.

Stuart Moskovitz, Borough Attorney

·        Fees in Ordinance were set in 1982.

·        Monmouth County is a 5^th Class County which means we do not have a set limit to what fee we can charge as long as it is reasonably calculated to account for our administrative costs.

Laurie Finger, Borough Administrator

·        Who has to pay the fee, someone operating in the Municipality or going through the Municipality?

Stuart Moskovitz, Borough Attorney

·        Anyone going through Englishtown technically has to be licensed in Englishtown and anyone operating in the Municipality. This applies to auto cabs.

·        Stuart Moskovitz reads aloud description of auto cabs.

Discussion between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney continue.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to contact taxicab companies operating in our municipality and to let them know Englishtown has a fee and contact Manalapan Township to see if they have a list of operating companies.

Peter Gorbatuk, Acting Municipal Clerk

• What Discussion Items will be on the Agenda for the February 13^th Council Meeting?

Mayor Reynolds states parking and RFP interviews.

Laurie Finger, Borough Administrator

·        On January 17^th the anticipation note for the water tank matured in the amount of $325,000.  $75,000 was paid down and the note was renewed for $250,000 at an interest rate of 3.3% with Commerce bank, which will mature on January 16^th, 2009.

·        We have our Budget Workshop meeting on Saturday, January 26^th at 9:00 a.m. everyone was left a packet.  If you have any questions you can call me tomorrow.

·        We received a finance notice that the State extended the introduction of the Municipal budget to March 11^th.

·        Fire District election will be held on February 16^th, and their amount has increased by $15,300.00.

C/Carr

·        Can we put the fire district election date and time on our message board?

Mayor Reynolds asks that we get the time of election and put it on our message board.

Public Portion – Agenda Items

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

Inaudible Resident

Mayor Reynolds responds during the interviews an issue arose with one of the companies.  New RFPS were sent out and Council will interview and vote.

There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Carr.  Passed unanimously.

Mayor Reynolds states that Resolution No. 2008-04 was TABLED at the January 3^rd Council Meeting and the January 9^th Council meeting and is now cancelled.

The appointment of the Borough Engineer will be revisited at the February 13^th Council Meeting following RFP scheduled interviews.

New Business

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-050

MAYORAL RESOLUTION AMENDING

MAYOR APPOINTMENT OF UPZB MEMBERS

AT REORGANIZATION MEETING HELD JANUARY 3, 2008

            WHEREAS, at the reorganization meeting of the Borough of Englishtown held on January 3, 2008 the following appointments were made to the Unified Planning and Zoning Board:

Mayor’s Appointments:

Unified Planning/Zoning Board:

Class II, Official         Christine Robbins            1 Yr Term, Exp. 12/31/08

Class IV, Public          Paul Robilotti                 4 Yr Term, Exp. 12/31/11

Alternate No. 1           Liz Canario                   1 Yr Term, Exp. 12/31/09           

Alternate No. 2           Jerry Leonardis             1 Yr Term, Exp. 12/31/09

            WHEREAS, on January 15, 2008, after review of the appointments, it has been determined a need to amend the original appointment to read as follows:

(additions are bold and underlined)

Unified Planning/Zoning Board:

Class II, Official         Christine Robbins         1 Yr Term, Exp. 12/31/08

Class IV, Public         Rudy Rucker                4 Yr Term, Exp. 12/31/11

Class IV, Public         Paul Robilotti                4 Yr Term, Exp. 12/31/11

Alternate No. 1          Liz Canario                   2 Yr Term, Exp. 12/31/09         

Alternate No. 2          Jerry Leonardis             2 Yr Term, Exp. 12/31/09

            NOW, THEREFORE, BE IT RESOLVED, by Mayor Thomas Reynolds of the Borough of Englishtown that the above amendments to the Unified Planning and Zoning Board Mayoral Appointments shall be effective this date, January 15, 2008.

            BE IT FURTHER RESOLVED, that this Resolution shall be placed on the January 23, 2008 regular council meeting agenda, so it may be read into the minutes as amended.

Offered By:                  C/Soden                                             

Seconded By:               C/Carr

C/Leonardis

• Mr. Rucker did not attend the mandatory training.

Mayor Reynolds states that Mr. Rucker has 18 months from time of appointment to attend training or he will have to resign.

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. 2008-051

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:

Borough Hall Electrical Work - Police/Administrative Offices - $1,500.00

Purchased From:

Lucas Electrical

1381 Route 130

Box 329

Windsor, N.J.  08561

            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/Carr

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. 2008-052

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:

2008 Annual Interlocal Agreement for Animal Control Services - $1,161.00

Purchased From:

Upper Freehold Township

314 Route 539

P.O. Box 89

Cream Ridge, N.J.  08514

            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/Carr

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. 2008-053

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 $8,586.15

are hereby authorized to be processed into purchase orders on  January 23, 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/Carr

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. 2008-054

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 $528,371.58

                   are hereby authorized to be paid on January 23, 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

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-055

APPOINTMENT OF CONSULTING FORESTER TO COMPLETE FIVE YEAR COMMUNITY FORESTRY MANAGEMENT PLAN

            WHEREAS, the Borough of Englishtown has been awarded a Green Communities Grant in the amount of $3,000.00 to hire a certified tree expert or qualified consulting forester to assist and support the municipality in its development of a Community Forestry Management Plan; and

            WHEREAS, N.J. approved consulting forester and N.J. certified tree expert #375, William F. Brash Jr. of Wildwood, New Jersey has submitted a proposal in the amount of $2,950.00, to prepare and submit a copy of a 5-year Community Forestry Management Plan that is approved by the N.J. Community Forestry Council.

            BE IT RESOLVED, by the Mayor and Governing Body of the Borough of Englishtown, that William F. Brach Jr. be employed for the purpose of completing The Borough of Englishtown’s five (5) year community forestry management plan in accordance with his January 11, 2008 proposal.

Offered By:                C/Carr

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

Tax Collectors Report

                                                Month of December, 2007

                                    Taxes 2008                               $11,884.65

                                    Taxes 2007                               $52,827.10

                                    Interest                                      $  1,578.51

                                    Duplicate Bill Fee                               $5.00

                                    Total                                        $66,295.26

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.

Paul Robilottti – 51 Heritage Drive

• Is there any reason why we cannot sell advertising space on the Water Tower?

Mayor Reynolds asks Laurie Finger, Borough Administrator to check other towns that have already done this.

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 Englishtown Antiques, Liberty Manor 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/Carr

Seconded By:                   C/Soden

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

                   Nays:          None

                Absent:           None

               Abstain:           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/Carr, seconded by C/Simon. Passed unanimously.

The time being 9:07 P.M.

Adjournment

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

The time being 9:09 P.M.

March 12, 2008

Approved by Governing Body