** AGENDA **
February 11, 2009
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
· Appropriation Reserve Transfer Resolution
· Dedication by Rider Resolution
· Hamilton Street Parking Lot
5. Approval of Minutes - November 24, 2008
6. Committee Reports
7. Borough Engineer’s Monthly Report – February 2009
8. Correspondence
9. Borough Administrator/CFO Report
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:
An Ordinance Vacating a Portion of Lasatta Avenue
B. Ordinance No. 2009-02 – Public Hearing & Adoption
Amending & Supplementing Chapter 1.29 Entitled
“Pension Enrollment”
12. New Business:
Regional Feasibility Study Grant
Authorizing Purchases Over $800
Road Dept. – Salt/Magnesium Chloride Mix
Authorizing Approval of Department Requisitions
D. Resolution No. 2009-064
Authorizing Payment of Borough Bills
Authorizing Signing of Professional Contracts
13. Tax Collector’s Report – January 2009
14. 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.
15. Executive Session
16. Adjournment
The meeting was called to order by Mayor Reynolds at 7:31 p.m.
Roll Call: Present: C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Absent: None
Also present were Peter Gorbatuk, Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, 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.
Laurie Finger, CFO explains to Mayor and Council the necessity for an appropriation budget transfer for the 2008 budget for police salary and wages. Resolution to be on next meeting agenda.
Laurie Finger, CFO explains to Mayor and Council that this resolution is for the set up of a trust fund for accumulated sick/vacation time. Resolution to be on next meeting agenda.
Attorney Youssouf briefs Mayor and Council on the changes made to the Ordinance. Per Mayor Reynolds this Ordinance will be introduced this evening.
There being no corrections, deletions or additions, a motion to approve the Minutes of November 24, 2008 was offered by C/Robilotti and seconded by C/Cooke. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: None
Abstain: C/Carr
Councilwoman Leonardis reports:
· Letter of resignation received from Kurt Knapp, DPW
· Laurie Finger sent a letter to Howell regarding possible Shared Services for Public Works equipment.
· After research, our municipal taxes have escalated since the year 2000. Last year we had a 3 ½ cent increase which brought our tax rate to about a half a percent above Manalapan. To clarify it’s not that we haven’t been addressing the budget it’s the costs that have escalated above and beyond what our tax base can manage.
Councilwoman Cooke has nothing to report.
Administration, Finance & Personnel
· Attended the Joint Summit Mtg. on February 2nd with Councilman Soden. We are adopting a resolution tonight to be included in the garbage study. The State will be paying our share towards the study because our population is less than 10,000. So far there are 31 towns signed up and more have shown an interest.
· I had my coffee with a councilwoman on Sat. 2/7 – 3 residents attended. Discussions involved the budget and any potential cuts. A resident also came in and inquired about ice-skating. I explained the reasons of why we can’t but I did say that I would look into it again. I will meet with the Fire Chief to discuss our options again.
· Attended Firemen’s Dinner on Sat 2/7. Very enjoyable time. Personally thanked all the firemen for the great services they provide to our town.
· Reads aloud correspondence received from the State Police, Deputy Attorney General stating that the state police can’t provide police services to the Borough of Englishtown, should we reduce our police personnel.
Discussion regarding State Police correspondence takes place between Borough Attorney, Mayor and Council.
Councilwoman Soden reports:
· Police Activity Report from 1/25/09–2/8/09 – 236 total calls, 49 motor vehicle stops, 149 routine calls
Councilman Carr reports:
· County personnel are putting together a presentation regarding the County Equipment Lease Program, which will be on February 18th 8:00 am or 6:00pm.
C/Robilotti states she will attend the 6:00 pm presentation.
Councilman Rucker reports:
· On Sat. 2/7/09, there was another water main break on Main Street. Thanks to DPW and Water Dept. for their great work resulting in virtually uninterrupted service.
· Received a call regarding bumps in the road between 2 & 4 Center Street, which seems to rise in the winter and sink in the summer. I was told that it was due to gas lines that were laid a while back. I called NJNG and they will come repair and seal this problem.
· I was informed that truck traffic does not obey our Ordinance. I spoke with the owner of Englishtown Industrial Park (BTR) and he said he will notify all truckers of the truck route.
· Contacted Borough Engineer and he is in the process of getting the Structural Conditions Survey completed. We should have it by the next meeting.
· Monmouth County Mayor’s Meeting will be held February 27th at 7:00 am at the Manalapan Diner.
· Received request from Check-Mate Inc, a home energy assistance program, to set up a table inside Borough Hall and take applications for people who need help paying their utility bills.
Unanimous consensus to allow Check-Mate to set up a table in Borough Hall.
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/Rucker. Passed unanimously.
ORDINANCE NO. 2009-01
VACATING A PORTION OF LASATTA AVENUE
WHEREAS, the Borough of Englishtown has received a request from the John F. Carroll Columbian Club, the owner of property known and identified as Lot 12.01 in Block 2 as shown on the Tax Map of the Borough of Englishtown, to vacate a portion of the public street and right of way commonly known as Lasatta Avenue immediately adjacent to the lot owned by said organization; and
WHEREAS, N.J.S.A. 40:67-1b. provides, in relevant part, that the governing body of a municipality may make, amend, repeal and enforce an ordinance to vacate any public street, highway, lane or alley, or any portion thereof; and
WHEREAS, the following described portion of Lasatta Avenue is no longer in use as a public street due to the realignment of Lasatta Avenue made possible by the reconstruction of the Monmouth County Bridge No. MN-30 at Weamaconk Creek located at the intersection of (Water Street) Monmouth County Route 522 and Lasatta Avenue; and
WHEREAS, by the way of agreement between the John F. Carroll Columbian Club and Elon Associates, LLC, the owner of property known and identified as Lot 7 in Block 26 as shown on the Tax Map of the Borough of Englishtown, the vacated portioni of Lasatta Avenue immediately adjacent to the Elon property will be conveyed to the John F. Carroll Columbian Club; and
WHEREAS, the vacation of the following described portion of Lasatta Avenue is necessary, desirable and in the public interest.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown as follows:
That portion of Lasatta Avenue as set forth in the “DESCRIPTION OF A PORTION OF LASATTA AVENUE TO BE VACATED AS SITUATED IN THE BOROUGH OF ENGLISHTOWN, MONMOUTH COUNTY, NEW JERSEY” prepared by Peter J. Breslin, P.L.S. dated September 28, 2005, Revised February 7, 2006 and incorporated herein as it fully set forth at length as “Exhibit A” is hereby vacated.
The vacation hereby enacted expressly reserves to the Borough and excepts from vacation all rights and privileges heretofore granted to all public utilities as defind by R.S. 48:2-13 and by any cable television company as defined in the “Cable Television Act”. P.L. 1972c. 186 (c.48:5A-1 et. seq.), to maintain, repair, and replace their existing facilities in, adjacent to, over or under the street and public right of way hereby vacated.
This Ordinace shall take effect immediately upon its passage and publication pursuant to law.
Pursuant to the provisions of N.J.S.A. 40:67-2, subsequent to adoption and passage pursuant to law, a copy of this Ordinance shall be filed and recorded in the Office of the Clerk of the County of Monmouth wherein conveyances of lands are recorded.
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/Rucker and seconded by C/Robilotti. Passed unanimously.
A motion to adopt Ordinance No.2009-01, above titled, was offered by C/Rucker and
Seconded by C/Robilotti. Passed on the following roll call:
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
ORDINANCE NO. 2009-02
OF THE CODE OF THE BOROUGH OF ENGLISHTOWN
ENTITLED “PENSION ENROLLMENT”
WHEREAS, Based upon an advisory opinion issued by the Local Finance Board of the Department of Community Affairs of the State of New Jersey, it is necessary to amend Ordinance No. 2008-04 entitled “Pension Enrollment” to bring said ordinance into compliance with State statute and administrative regulations.
NOW, THEREFORE BE IT HEREBY ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.29 of the code of the Borough of Englishtown is hereby amended as follows:
1.29.07 Identification of Positions (revised to read as follows)
Subject to the foregoing exceptions, exclusions and waivers, the following positions within the Borough of Englishtown shall be deemed to be within the requirements for DCRP participation: Borough Administrator, Municipal Judge, Police Chief, Water/Sewer Superintendent, Zoning Officer, Housing Inspector, Code Enforcement Officer and Fire Official.
BE IT FURTHER ORDAINED that this Ordinance amendment shall take effect immediately upon its passage and publication in accordance with 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/Robilotti and seconded by C/Cooke. Passed unanimously.
A motion to adopt Ordinance No.2009-01, above titled, was offered by C/Robilotti and
Seconded by C/Cooke. Passed on the following roll call:
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
New Business
ORDINANCE NO. 2009-03
WHEREAS, Ordinance No. 2008-13 was duly adopted and published according to law; and
WHEREAS, it is necessary and desirable to amend and supplement certain provisions of said ordinance.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.93 of the Code of the Borough of Englishtown is hereby amended as follows:
2.93.11 Permit Required.
B. Such parking areas shall be marked by signs indicating that parking will be by permit only seven (7) days per week and all vehicles parked in designated spaces must display a valid Borough issued tag.
2.93.12 Award of Permits.
A. The required parking permits shall be issued by the office of the Borough Clerk. Persons wishing to purchase said permits must complete the application form supplied by the Borough Clerk and must submit copies of a valid New Jersey Driver’s License and New Jersey Vehicle Registration Certificate. Permits may only be purchased by persons residing in the Borough of Englishtown who hold a valid New Jersey driver’s license and whose driving privileges have not been suspended. The address on the applicant’s driver’s license will be used to verify the applicant’s residence. The Borough Clerk shall keep a record of all permits issued and said record shall include the completed application form, the permit number, the driver’s license number of the applicant and the vehicle registration number of each vehicle which shall utilize the permit.
B. Applications for the issuance of parking permits must be submitted by November 1 for the succeeding year. All permits will be issued on a “first come – first served basis”.
C. Permits will be valid for a period of one (1) year. Thus, permits issued in November of any given year will become effective January 1 of the succeeding year and expire on December 31 of the succeeding year.
D. The fee for the parking permits shall be One Hundred Twenty Dollars ($120.00) per annum. Said fee is nonrefundable and must be paid in full at the time of application submission.
E. Only one (1) parking permit per household may be purchased, but said permit may be transferred between vehicles registered to the same household or family.
F. All permits shall bear a number assigned by the Borough Clerk and shall bear the expiration date of the permit.
2.93.16 Daily Parking.
In addition to the foregoing, the Borough shall designate ten (10) parking spaces in the Hamilton Street Parking Lot as maximum two (2) hour parking between the hours of 7:00 a.m. and 7:00 p.m. daily, seven days per week. The Borough may, by resolution, establish a one dollar ($1.00) per diem charge for the use of such designated spaces and provide a mechanism for the collection of such charges.
BE IT FURTHER ORDAINED THAT all ordinances or parts of ordinances inconsistent with the provisions of this ordinance amendment are hereby repealed to the extent of their inconsistency herewith. Should any section, subsection, sentence, clause, phrase or portion of this Ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions hereof.
BE IT FURTHER ORDAINED THAT this Ordinance shall take effect upon its passage and publication pursuant to law.
Offered By: C/Soden
Seconded By: C/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
Peter Gorbatuk, Municipal Clerk states the Public Hearing & Adoption on Ordinance No. 2009-03 is scheduled for the February 25, 2009 Council Meeting, 7:30 p.m. at Borough Hall.
RESOLUTION NO. 2009-061
FOR A REGIONAL FEASIBILITY STUDY GRANT
WHEREAS, the Governing Body of the Township of Marlboro as Lead Municipality and the City of Asbury Park, Borough of Atlantic Highlands, Borough of Bradley Beach, Township of Colts Neck (recycle only), Borough of Eatontown, Borough of Freehold, Township of Freehold (recycle only), Township of Hazlet, Township of Holmdel (recycle only), Borough of Keyport, Borough of Lake Como, Borough of Little Silver, Village of Loch Arbour, City of Long Branch, Township of Manalapan, Borough of Matawan, Borough of Monmouth Beach, Borough of Neptune City, Township of Ocean, Borough of Oceanport, Borough of Red Bank, Borough of Sea Bright, Borough of Sea Girt, Borough of Shrewsbury, Township of Shrewsbury, Borough of Spring Lake Heights, Borough of Union Beach, Township of Wall, and the Borough of West Long Branch have agreed to apply for SHARE (Sharing Available Resources Efficiently) Grant through the State of New Jersey Local SHARE Program in the amount of $228,003.00; and,
WHEREAS, Township of Marlboro has agreed to be the lead agency in this endeavor; and
WHEREAS, the State of New Jersey has made SHARE grants available to assist local units study, develop and implement new shared and regional services; and
WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of solid waste and recycling collection services that would be beneficial to all local units. This would include things such as technological advances, different methods of solid waste removal and data retrieval.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, that the Borough of Englishtown does hereby join with the Township of Marlboro in applying for a grant for the purpose of a feasibility study; and
BE IT FURTHER RESOLVED that the Borough of Englishtown has a population of less than 10,000 residents and the State of New Jersey has agreed to pay our 10% matching funds of $140.00.
Offered By: C/Rucker
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Absent: None
Abstain: None
RESOLUTION NO. 2009-062
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:
Road Dept. – Salt/Magnesium Choloride Mix - $2,350.04
Purchased From:
International Salt Company
655 Northern Blvd.
Clarks Summit, PA 18411
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/Leonardis
Seconded By: C/Rucker
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2009-063
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 $3,938.59
are hereby authorized to be processed into purchase orders on February 11, 2009.
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/Rucker
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-064
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 $510,872.57
are hereby authorized to be paid on February 11, 2009.
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/Rucker
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-065
WHEREAS, professional contracts have been submitted to the Governing Body of the Borough of Englishtown; and
WHEREAS, Municipal Attorney has reviewed said contracts and has found them to be in compliance with statutory requirements; and
WHEREAS, the members of Council hereby approve the following contracts.
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Acting Borough Clerk to execute the contracts for professional services for:
Bond Counsel John M. Cantalupo of Wilentz, Goldman & Spitzer P.A.
Prosecutor Richard Kelly
Auditor Eugene M. Farrell of Hutchins, Farrell, Meyers & Allison P.A.
Engineer Thomas J. Herits of Maser Consulting
Attorney Joseph Youssouf, Esquire
Offered By: C/Robilotti
Seconded By: C/Rucker
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
2009 Taxes $370,593.94
2008 Taxes $ 10,810.63
Interest $ 931.91
Duplicate Bill Fee $ 80.00
Total Net $382,416.48
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.
There being no questions or comments, a motion to close the public portion was offered by C/Soden 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 personnel and 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/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: None
Abstain: None
The time being 8:04 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 9:50 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Robilotti, seconded by C/Carr. Passed unanimously.
The time being 9:51 P.M.
____April 22, 2009________ ________________________
Approved by Governing Body Municipal Clerk