** AGENDA **
November 23, 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. Approval of Minutes - September 9, 2009
5. Proclamation – Proclaiming December 2009 “National Drunk & Drugged Driving (3D) Prevention Month”
6. Committee Reports
7. Correspondence
8. Borough Administrator/CFO Report
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. Ordinance No. 2009-14 – First Reading & Introduction
Amending & Supplementing Chapter 2.106 Entitled “Sewers”
Amending & Supplementing Chapter 2.126 Entitled “Water”
C. Ordinance No. 2009-16 – First Reading & Introduction
Updating Council on Affordable Housing, Development Fees
D. Resolution No. 2009-208
Authorizing Mayor & Administrator to Sign BSF Application
E. Resolution No. 2009-209
Authorizing Cancellation of Water/Sewer Balances Less than $2.00
F. Resolution No. 2009-210
Authorization of Services Over $800
911 Dispatch Services
G. Resolution No. 2009-211
Authorization of Purchases Over $800
Road Dept – Salt/Magnesium Chloride Mix
H. Resolution No. 2009-212
Authorization of Services Over $800
Court Dept. - Court Recorder Maintenance Contract
I. Resolution No. 2009-213
Authorization of Services Over $800
Water Plant – Calcium Hypochlorite Briquettes
J. Resolution No. 2009-214
Authorization of Services Over $800
Holiday Hayride - (2) Horse Drawn Carriages
K. Resolution No. 2009-215
Authorizing Approval of Department Requisitions
L. Resolution No. 2009-216
Authorizing Payment of Borough Bills
11. Tax Collector’s Report – October 2009
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/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Absent: C/Rucker
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.
There being no corrections, deletions or additions, a motion to approve the Minutes of September 9, 2009 was offered by C/Robilotti and seconded by C/Carr. Passed on the following roll call:
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nayes: None
Absent: C/Rucker
Abstain: None
Councilwoman Leonardis reports:
· DPW busy with leaf pick up.
· Holiday snowflakes scheduled to go up the Monday after Thanksgiving.
Councilwoman Cooke reports:
· Cost savings of approximately $700.00 from last years Halloween Party to this year.
Administration, Finance & Personnel
Councilwoman Robilotti reports:
· Attended the League of Municipalities Convention in Atlantic City last Thursday.
· C/Carr, C/Rucker and myself attended the Scenic Byway meeting last week. Very informative. We spoke to them about possibly rerouting the byway to include all our historical sights.
· Police Activity Report from 11/9 – 11/22/09 total calls - 266 including motor vehicle stops.
Councilwoman Carr reports:
· We held an insurance class with all the employees this week. It was very informative.
· Received two letters from COAH. They received our development fee ordinance and they have passed a resolution approving our ordinance as amended. We will be on the COAH agenda on December 9th and they ask that we have a representative present. At that time we will be receiving our COAH Certification.
Councilman Rucker was not in attendance. Nothing was reported.
Laurie Finger states:
· Quick Chek has requested a reimbursement of the non-residential developer fee that was paid to our COAH trust fund in the amount of $43,000.00. They are allowed to request reimbursement because Governor Corzine signed a law allowing non-residential COAH fees be returned up until November 30th due to economic conditions. We have until March 30th, 2010 to request reimbursement from the State.
· Soliciting 9 banks in the surrounding area for banking services for 2010. Hopefully I will receive some proposals by next week and a decision made by the next council meeting.
· Our Deputy Municipal Clerk, Christine Robbins passed her RMC exam that was taken on October 14th with a grade of 94. I would like to remind council that her hiring resolution back in 2006 stated that she would receive additional compensation upon the successful completion of the exam.
· Re: Verizon Wireless Request in placing a back up generator on the water tower property where their cell tower is located – they are now asking if Mayor and Council is agreeable to enter into this new lease agreement with them prior to them going to the planning board.
Mayor and Council request a representative from Verizon be present at the next council meeting to get specific information re: the generator prior to a decision being made.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Joanne Damante – Heritage Drive – council meeting minutes on the website need to be updated. Raises questions re: the alarm ordinance fees.
C/Wojyn states minutes can’t be posted on website until they are approved by council.
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
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2009-14
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 2.106 (SEWERS) OF THE
“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”
BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:
1. Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:
B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after November 9, 2009, be charged a connection fee of $907.00 (nine hundred seven) dollars.
2. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
3. This ordinance shall take effect upon final adoption and publication pursuant to law.
Offered By: C/Robilotti
Seconded By: C/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
Peter Gorbatuk, Municipal Clerk states the public hearing and adoption for Ordinance No. 2009-14 is scheduled for the December 14, 2009 council meeting.
BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION
ORDINANCE NO. 2009-15
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 2.126 (WATER) OF THE
“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”
BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:
1. Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:
A. Taps.
(1) For all taps on installations from the main to the curb stop made by the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit:
$2,537.00 (two thousand, five hundred and thirty-seven dollars) per E.D.U.
2. Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.
3. This Ordinance shall take effect following final adoption and publication pursuant
thereto.
Offered By: C/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
Peter Gorbatuk, Municipal Clerk states the public hearing and adoption for Ordinance No. 2009-14 is scheduled for the December 14, 2009 council meeting.
ORDINANCE NO. 2009-16
UPDATING COUNCIL ON AFFORDABLE HOUSING,
DEVELOPMENT FEE ORDINANCE
The purpose of this Ordinance is to update the Borough of Englishtown’s established standards for collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance with P.L.2008, c46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low and moderate-income housing. This ordinance shall be interpreted within the framework of COAH’s rules on development fees codified at N.J.A.C. 5:97-8.
Offered By: C/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
Peter Gorbatuk, Municipal Clerk states the public hearing and adoption for Ordinance No. 2009-14 is scheduled for the December 14, 2009 council meeting.
RESOLUTION NO. 2009-208
TO SIGN BUSINESS STIMULUS FUND APPLICATION FORM
WHEREAS, the Borough of Englishtown would like to apply for the Community Stewardship Incentive Program, Business Stimulus Fund (BSF) 2009 grant, administered through the Department of Environmental Protection, Division of Parks and Forestry; and
WHEREAS, the primary goal of this program is to enhance the ability of all municipal governments to care for and manage their shade trees and community forests through technical and financial assistance; and
WHEREAS, the Borough of Englishtown has successfully completed their Community Forestry Management Plan, which is a prerequisite to applying for this grant, and the Plan has been accepted by the State of New Jersey, Department of Environmental Protection, Division of Parks & Forestry.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Body of the Borough of Englishtown that it does hereby authorize the Mayor and Borough Administrator of the Borough of Englishtown to execute this and any and all agreements required to effectuate the purposes of this Resolution on behalf of the Borough of Englishtown.
Offered By: C/Robilotti
Seconded By: C/Carr
Laurie Finger states this is the tree grant to remove the trees in Sanford Park.
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-209
WHEREAS, it is necessary during the year for the Tax Collector and Chief Financial Officer to cancel miniscule balance amounts, refunds and interest charges of less than $2.00; and
WHEREAS, the Tax Collector and Chief Financial Officer have advised that it would be appropriate for the Borough Council to authorize the cancellation of said water and sewer accounts with a balance of less than $2.00; and
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the Tax Collector and Chief Financial Officer are hereby authorized to process the cancellations of water and sewer balances of less than $2.00 beginning on November 17, 2009.
BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Collector of Taxes and Chief Financial Officer of the Borough of Englishtown.
Offered By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-210
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. – 2009 Dispatching and Shared 911 Services - $41,224.94
Purchased From: Monmouth County Treasurer
Sheriff’s Office
P.O. Box 5007
Freehold, N.J. 07728
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/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-211
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:
Salt/Magnesium Chloride mix - $2,098.25
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/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-212
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:
Maintenance Contract for Court Dept. Recorder - $994.00
Purchased From:
Office Business Solutions
600 M Ryerson Road
Lincoln Park, N.J. 07035
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/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: C/Carr
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-213
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 Plant – Calcium Hypochlorite Briquette - $950.00
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/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-214
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:
Holiday Hayride – (2) Horse Drawn Carriages - $1300.00
Purchased From:
A & T Stables
46 Bennett Mills Road
Jackson, N.J. 08527
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/Cooke
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-215
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 $50,378.12
are hereby authorized to be processed into purchase orders on November 23, 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/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
RESOLUTION NO. 2009-216
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 $184,538.71
are hereby authorized to be paid on November 23, 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/Robilotti
Seconded By: C/Cooke
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Abstain: None
Absent: C/Rucker
Tax Collectors Report
2010 Taxes $ 3,171.44
2008 Taxes $ 6,580.57
Property Redeemed
3rd party Redemption $ 13,889.78
Interest $ 3,782.69
Duplicate Bill Fee $ 15.00
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.
Troy Davis, Keller Williams Realty – Property next door – 17 Main Street – is available if the Borough is looking to expand. The list price is $335,000.
Terry Weiner, Manalapan resident – both children live in Englishtown. In September, grandson had a seizure. After the 911 call was placed Officer Stolte arrived in 1 minute flat. At that time the child was not breathing and Officer Stolte revived him. Asks council to not cut back in the Police Dept and let Officer Stolte go.
Joanne Damante – Heritage Drive – I owed a late fee of $8.45 on my water bill. I received a tax sale notice for this debt. This is an absolute disgrace.
There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Carr. 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 contract negotiation, personnel; 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/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Wojyn
Nays: None
Absent: C/Rucker
Abstain: None
The time being 8:22 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 8:26 P.M.
C/Robilotti states she had Laurie Finger, Borough Administrator, look into shared services in the Municipal Court with Manalapan Twp. The process is very detailed. A feasibility study would need to be done. C/Robilotti asks Peter Gorbatuk, Municipal Clerk to look into how to get cameras on the traffic light outside Borough Hall.
Adjournment
There being no further business a motion to adjourn was offered by C/Carr, seconded by C/Robilotti. Passed unanimously.
The time being 8:32 P.M.
___January 27, 2010_______ ________________________
Approved by Governing Body Municipal Clerk