** AGENDA **
March 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
5. Approval of Minutes - January 5, 2009
6. Committee Reports
7. Borough Engineer’s Monthly Report – March 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. New Business:
Amending Chapter 2.50, Entitled “Schedule of Fees”
Authorizing Purchases Over $800
Road Dept. – Salt/Magnesium Chloride Mix
Authorizing Purchases Over $800
Finance Dept. – (2) Desktop Computers
D. Resolution No. 2009-079
Authorizing Purchases Over $800
Water Dept. – Calcium Hyprochlorite Briquette
Authorizing Purchases Over $800
Water Dept. – 2008 Water Consumer Confidence Report
F. Resolution No. 2009-081
Authorizing Purchases Over $800
Water Dept. – Water Maintenance Supplies
G. Resolution No. 2009-082
Authorizing Approval of Department Requisitions
H. Resolution No. 2009-083
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/Rucker, C/Carr, C/Robilotti
Absent: C/Cooke, C/Leonardis
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.
Mayor Reynolds states that due to the reduction in force in the Department of Public Works he would like the ordinance pertaining to snow removal reviewed.
Peter Gorbatuk, Municipal Clerk states that C/Leonardis asked that Attorney Youssouf review the Ordinance and guide us in the direction that we should go.
There being no corrections, deletions or additions, a motion to approve the Minutes of January 5, 2009 was offered by C/Rucker and seconded by C/Carr. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Carr, C/Robilotti
Nayes: None
Absent: C/Cooke, C/Leonardis
Abstain: None
Councilwoman Leonardis was not in attendance and nothing was reported.
Councilwoman Cooke was not in attendance and nothing was reported.
Administration, Finance & Personnel
Councilman Soden reports:
Councilwoman Carr has nothing to report this evening.
Councilman Rucker has nothing to report this evening.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Barbara Kuchinski questions a computer purchase on the bill list.
There being no further questions or comments, a motion to close the public portion was offered by C/Rucker and seconded by C/Robilotti. Passed unanimously.
New Business
BE IT ORDAINED by the Governing Body of the Borough of Englishtown that due to the economic hardships many are facing, the vendor fees for the Annual Fall Festival shall be decreased to make the event successful and profitable for all involved and the following section shall be amended as follows:
Chapter 2.50, Schedule of Fees
Section 2.50.02 – Recreation Fees
Vendor Fee:
$10.00 Englishtown Resident
$25.00 Non Resident
Food Vendor Fee:
$35.00 Englishtown Resident
$75.00 Non Resident (fee does not include Fire Code Permit)
This ordinance shall take effect upon final passage and publication according to law.
Offered by: C/Robilotti
Seconded by: C/Carr
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
Peter Gorbatuk, Municipal Clerk states the public hearing and adoption for Ordinance No. 2009-04 is scheduled for the March 25, 2009 council meeting.
RESOLUTION NO. 2009-077
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 Chloride Mix - $2,266.11
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/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
RESOLUTION NO. 2009-078
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:
Finance Dept. – (1) Desktop Computers - $983.33
Purchased From:
CDW Government Inc.
230 North Milwaukee Avenue
Vernon Hills, IL 60061
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/Soden
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
RESOLUTION NO. 2009-079
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. – Calcium Hyprochlorite Briquette - $840.00
Purchased From:
G.P. Jager & Associates, Inc.
10 Bradley Lane
Montvale, N.J. 07645
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/Rucker
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
RESOLUTION NO. 2009-080
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. – 2008 Water Consumer Confidence Report - $2,491.00
Purchased From:
Gemini Group
271 Waverly Oaks Road
Suite 203
Waltham, MA 02452
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
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
RESOLUTION NO. 2009-081
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. – Water Maintenance Supplies - $827.75
Purchased From:
Water Works Supply Co.
5142 West Hurley Pond Road
Farmingdale, N.J. 07727
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/Rucker
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
RESOLUTION NO. 2009-082
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 $10,975.59
are hereby authorized to be processed into purchase orders on March 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/Robilotti
Seconded By: C/Soden
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-083
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 $85,282.38
are hereby authorized to be paid on March 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/Robilotti
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker
Nays: C/Soden
Abstain: None
Absent: C/Cooke, 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.
Marianne Krawiec asks the status on the budget.
Laurie Finger, CFO gives an update on the budget.
Marianne Krawiec states she spoke with C/Robilotti and C/Cooke and offered some cost saving suggestions. Discussion takes place with Mrs. Krawiec, C/Soden and Mayor Reynolds regarding cell tower leases.
Barbara Kuchinski voices her concerns and disgust on the condition of Englishtown. She also asks council to vote tonight to reinstate Wayne Krawiec to full time status.
At this time Resolution No. 2009-084 is added to the agenda and voted on. A motion to move this resolution is offered by C/Carr and C/Robilotti seconds the motion.
RESOLUTION NO. 2009-084
WHEREAS, the Mayor and Council of the Borough of Englishtown feel the need to reinstate the full time position within the Department of Public Works;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the part time position in the Department of Public Works held by Wayne Krawiec shall be reinstated to full time status effective immediately.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
Discussion takes place between Mayor, Laurie Finger, C/Carr regarding necessity of part time public works position held by Chris Reid. There was a suggestion to hire him as a Clean Communities worker. No action taken this evening.
Barbara Kuchinski states the catch basin by her house has not been cleaned in 8 years and the minutes on the website have not been updated since mid 2008.
Isabel Lewis commends the DPW. Questions status about the letter from Board of Chosen Freeholders regarding her property and the County Rd. exchange.
Wayne Krawiec states that if it would be a cost savings to the Borough, he would forgo his medical benefits since he could be covered under his wife’s benefits.
Mayor Reynolds asks Wayne to put his intent in writing to the Borough Administrator.
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.
Mayor Reynolds asks the Council if they would like to hold a special meeting to further discuss the budget. Consensus unanimous. The meeting is tentatively scheduled for March 18th at 7:30 p.m. Mayor Reynolds instructs Peter Gorbatuk to contact C/Cooke and C/Leonardis to see their availability for the 18th.
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 pending 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/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/Carr, C/Robilotti
Nays: None
Absent: C/Cooke, C/Leonardis
Abstain: None
The time being 9:31 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Carr, seconded by C/Robilotti. Passed unanimously.
The time being 9:48 P.M.
At this time the following resolution was added to the agenda.
RESOLUTION NO. 2009-085
RESOLUTION OF THE MAYOR AND COUNCIL
OF THE BOROUGH OF ENGLISHTOWN
ESTABLISHING THE COAH CONTRIBUTION FEE
DUE FROM QUICK CHEK, INC.
WHEREAS, by way of letter dated 2/19/09 the Real Estate Development Manager of Quick Chek questioned the validity of the Borough Tax Assessor’s calculation of a 2.5% COAH contribution fee as a precondition to the issuance of a final C.O. for its Borough facility; and
WHEREAS, Quick Chek’s complaint is based on the fact that under the rules in effect at the time the building permit was applied for (SEPTEMBER 2, 2006), the COAH contribution fee was only 2%; and
WHEREAS, the Borough did not assess nor collect the 2% COAH contribution at the time of Quick Check’s submission of an application for a building permit; and
WHEREAS, the required contribution should have been calculated on that date and 50% of it should have been collected prior to the issuance of the building permit; and
WHEREAS, it is clear that the Borough failed to impose and collect the appropriate 2% fee in accordance with the rules in effect at the time application was made for the building permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that Quick Chek’s complaint is valid and that the correct amount of the COAH contribution fee should be 2% based on the rules in effect at the time the COAH assessment should have been levied.
Offered By: C/Carr
Seconded By: C/Soden
Roll Call: Ayes: C/Carr, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: C/Cooke, C/Leonardis
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Carr. Passed unanimously.
The time being 9:50P.M.
____May 27, 2009_________ ________________________
Approved by Governing Body Municipal Clerk