** AGENDA **
March 26, 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 - February 13, 2008
5 Committee Reports
6. Correspondence
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. New Business:
A. Ordinance No. 2008-01 – First Reading & Introduction
Amending Borough Code Book Chapter 2.117 Entitled “Taxicabs”
Emergency Temporary Appropriations
Authorizing Englishtown Police Dept. Use of the East Brunswick Police Training Facility
Authorizing Purchases Over $800 - Water Dept
Repair of Water Main Break between 26 & 28 Main Street
Authorizing Purchases Over $800 – Sewer Dept
Repair of Sewer Line at Advanced Form Works on Park Avenue
Opposing the Failure of the Governor’s Proposed State Budget for the 2008-2009 Fiscal Year to Treat Property Tax Relief as Priority
G. Resolution No. 2008-086
Authorizing Approval of Department Requisitions
H. Resolution No. 2008-087
Authorizing Payment of Borough Bills
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 7:32 P.M.
Roll Call: Present: C/Soden, C/Simon, C/Carr, C/Cooke,
Absent: C/Robilotti, C/Leonardis
Also present were Peter Gorbatuk, Acting Municipal Clerk 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 February 13, 2008 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke,
Nayes: None
Absent: C/Robilotti, C/Leonardis
Abstain: None
Councilwoman Cooke reports:
Councilwoman Robilotti was not in attendance; nothing was reported.
Councilman Soden reports:
Councilwoman Carr reports:
Councilman Simon reports:
Mayor Reynolds states at this time the answer would have to be no until they work out the legal language. Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to have RR update us as they go through the legislative and legal process.
Peter Gorbatuk, Acting Municipal Clerk
Discussion continues between Mayor Reynolds, Peter Gorbatuk, Acting Municipal Clerk,
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
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.
New Business
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2008-01
ORDINANCE AMENDING
CHAPTER 2.117 OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED “TAXICABS”
WHEREAS, the Borough Council of the Borough of Englishtown has determined that financial realities have changed since this Ordinance was originally passed in November, 1982; and
WHEREAS, the Borough wishes its ordinance to reflect the market realities, to enable fair enforcement;
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.117 of the Code of the Borough of Englishtown is hereby amended as follows:
1. Section 2.117.01 shall be amended to add the following definition after the definition for “Borough”:
OPERATING - Any taxicab traveling along the public streets within the Borough regardless of where the company is located, where the trip originated and where the trip terminates, is deemed to be “operating” within the Borough.
2. Section 2.117.04A. shall be amended to read as follows [strikeouts and underlinings are for the purpose of reflecting amendments and such markings are not to be included in the official codification]:
It is required that every applicant for a taxicab owner’s license shall submit
and file with the Borough Clerk an insurance policy of a company duly authorized
to transport business under the insurance laws of the State of New Jersey, in
the sum of one hundred thousand dollars ($100,000.00) against loss from
the liability imposed by law upon the taxicab owner for damages on account of
bodily injury or death suffered by any one (1) person, in the sum of five
hundred thousand dollars ($500,000.) two hundred fifty thousand dollars
($250,000.00) on account of bodily injury or death suffered by more than one
(1) person and in the sum of one hundred thousand dollars ($100,000.00)
against loss on account of property damage suffered by any person or persons as
a result of an accident occurring by reason of the ownership, maintenance or use
of such taxicab, covering the taxicab or taxicabs to be licensed.
3. Section 2.117.06 shall be stricken in its entirety and replaced with the following:
2.117.06 Fees
A. Each company operating taxicabs within the Borough shall pay an initial fee of $100.00.
B. In addition to the foregoing, each taxicab owner shall pay an annual fee of $25.00 for each taxicab operated within the Borough. Said amount is to be furnished to the Borough Clerk at the time of the application.
4. There shall be a new Section 2.117.07 which shall state as follows:
2.117.07 Certificate of Compliance
The Borough Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the taxicab has complied with the terms and provisions of this article.
The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insured thereunder, and the registration number of the same.
The duplicate certificate shall be filed with the department of motor vehicles in accordance with N.J.S.A. 48:16-6, before any such car is licensed by the municipality as a taxicab.
The original certificate shall be posted in a conspicuous place within the taxicab.
5. There shall be a new Section 2.117.08 which shall state as follows:
2.117.08 Violations
The owner of any taxicab operating within the Borough that has not obtained a certificate in accordance with this Ordinance shall, upon conviction of first offense, be fined $250.00. In the event of a second offense by that owner, the fine shall be $350.00. For the third and subsequent offense by that owner, the fine shall be $500.00 for each instance. For purposes of this ordinance a “second,” “third,” or subsequent offense shall mean such offense committed within a three-year period.
BE IT FURTHER ORDAINED THAT this Ordinance shall take effect upon passage and publication in accordance with applicable law.
Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-01 is scheduled for the April 9, 2008 Council Meeting, 7:30 p.m. at Borough Hall.
RESOLUTION NO. 2008-081
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 $119,322.00
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 $119,322.00 as per attached sheets.
2. Said emergency temporary appropriations will be provided for in the 2008 budget.
3. That one certified copy of this resolution is filed with the Director, Division of Local Government Services.
Offered By: C/Carr
Seconded By: C/Soden
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-082
WHEREAS, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and
WHEREAS, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any
instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
RESOLUTION NO. 2008-083
WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and
WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and
WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:
Water Dept. – Repair of Water Main Break between 26 & 28 Main St. - $9,240.17
Purchased From:
E. Sambol Corporation
1033 North Maple Avenue
Toms River, N.J. 08754
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/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
RESOLUTION NO. 2008-084
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. – Repair of Sewer Line at Advanced Form Works, Park Avenue - $8,788.91
Purchased From:
Brenner Drainage & Excavation, Inc.
205 Dey Grove Road
Monroe Township, N.J. 08831
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered by: C/Soden
Seconded by: C/Simon
Roll Call:Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
RESOLUTION NO. 2008-085
PROPOSED STATE BUDGET FOR THE 2008-2009 FISCAL YEAR TO
TREAT PROPERTY TAX RELIEF AS OUR PRIORITY
WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State’s next Fiscal Year, which begins on July 1; and
WHEREAS, the proposal, which represents what the Governor called “many unpleasant choices” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the state Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with the inordinately deep cuts in municipal property tax relief funding ; and
WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens’ Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more than their fair share of the funding burden; and
WHEREAS, local officials have done so much with so little for so long, that State Budget makers now believe some can do everything with absolutely nothing; and
WHEREAS, municipal property tax relief will be slashed by $189.6 million; and
WHEREAS, for municipalities with a population of less than 5,000 there will be no CMPTRA funding this year; for municipalities with a population total between 5,000 and 10,000, this relief will be limited to one-half of the amount received in the State’s 2006-2007 budget; and the $32.6 million distributed according to the CMPTRA formula, which municipalities received last year as 2008 Municipal Tax Assistance, is gone; and
WHEREAS, all municipalities will receive level Energy Tax Receipts Property Tax Relief funding, despite State Law that ‘requires’ annual inflationary adjustments of this (and CMPTRA) funding; and
WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in this proposal, this funding has been eliminated; and
WHEREAS, last year’s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to $32.3 million, and the $8 million Regional Efficiency Aid Program will not be funded; and
WHEREAS, beyond these cuts, certain municipalities served by the State Police will be asked to contribute $80 million to the State’s General Fund and Homestead Rebates for Homeowners will be cut by $257 million, and for Renters by $124 million; and
WHEREAS, these proposed cuts would directly affect the Borough of Englishtown by causing possible cuts in safety services to our residents as well as creating the need for further staff reductions of already very lean departments and more importantly the possible loss of the identity of the Borough of Englishtown which was settled in 1688 and is a beautiful historic landmark on the State of New Jersey map.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Englishtown calls on its elected representatives in Trenton, Senator Jennifer Beck and Assembly members Caroline Casagrande and Declan J. O’Scanlon Jr., to work with their colleagues in the Legislature and with the Governor to take affirmative action to restore program funding sufficient to honor state statutes and their stated commitment to the cause of property tax relief in all New Jersey municipalities.
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jon S. Corzine, Acting State Treasurer R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Thomas H. Kean, Assembly Speaker Joseph J. Roberts, Assembly Minority Leader Alex DeCroce, the Chairs and Members of the Senate and Assembly Budget and Appropriations Committees, our own Senator Jennifer Beck and Assembly members Caroline Casagrande and Declan J. O’Scanlon Jr. and to the New Jersey State League of Municipalities.
Offered by: C/Soden
Seconded by: C/Simon
Roll Call:Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-086
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 $21,004.37
are hereby authorized to be processed into purchase orders on March 26, 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/Carr
Seconded by: C/Simon
Roll Call:Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
RESOLUTION NO. 2008-087
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 $80,750.93
are hereby authorized to be paid on March 26, 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/Carr
Roll Call:Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Abstain: None
Absent: C/Robilotti, C/Leonardis
Public Portion
Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
Joyce Stipple
Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to contact Assemblyman O’Scanlon to find out what he needs from us and if he is holding anymore meetings.
Joyce Stipple
Mayor Reynolds states I have contacted them at least once a week asking them to produce the letter and requesting a public apology; they are suppose to get back to me and let me know if the letter exists; if letter is not produced with a public apology then they leave me no choice but to attend Manalapan’s Public Council Meeting to explain my end of the story in front of their camera.
Joyce Stipple
Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to reach out to Mr. Youssouf to find out more information.
There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Cooke. 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 with respect to Sovereign, Elon and 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/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Cooke
Nays: None
Absent: C/Robilotti, C/Leonardis
Abstain: None
The time being 8.07 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Carr, seconded by C/Soden. Passed unanimously.
The time being 8:18 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 8:19 P.M.
____May 14, 2008_________ ________________________
Approved by Governing Body Acting Municipal Clerk