** AGENDA **
October 14, 2009
6:30 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. Executive Session
5. Meeting Workshop
6. Approval of Minutes - July 22, 2009
7. Committee Reports
8. Borough Engineer’s Monthly Report – October 2009
9. Correspondence
10. Borough Administrator/CFO Report
11. 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.
12. New Business:
In Memory of Harry Soden
Authorizing Refunding of Old Planning Board
And Engineering Inspection Accounts
Authorizing Refund of Vendor Fee To Fall Festival Vendor
D. Resolution No. 2009-188
Appointment of Clean Communities Worker
Authorizing OPRA- Records Information Management
Shared Services Agreement With The County of Monmouth
F. Resolution No. 2009-190
Authorizing Waiving Developers Fees For 31 Park Avenue
G. Resolution No. 2009-191
Authorizing Approval of Department Requisitions
H. Resolution No. 2009-192
Authorizing Payment of Borough Bills
13. 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.
14. Executive Session
15. Adjournment
The meeting was called to order by Mayor Reynolds at 6:34 P.M.
Roll Call: Present: C/Carr, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Absent: * C/Cooke (arrived at 6:42 p.m.)
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.
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
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/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
The time being 6:37 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 7:30 P.M.
There being no corrections, deletions or additions, a motion to approve the Minutes of July 22, 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/Rucker, C/Wojyn
Nayes: None
Absent: None
Abstain: None
Councilwoman Leonardis reports:
· Resolution on tonight’s agenda to appoint someone under the Green Communities Grant.
Councilwoman Cooke reports:
· Englishtown Street Party scheduled for Sat. Oct. 17th. Rain date Oct. 18th
Administration, Finance & Personnel
Councilwoman Robilotti reports:
· Delivered 100th birthday card to Pauline Carr. Spoke to her son and daughter in law and they wanted me to extend their thanks for recognizing this milestone.
· Police Activity Report from 9/21-10/11; 388 total calls including motor vehicle stops.
· Spoke to Chief Niziolek regarding the concern brought up by a resident about “safety corridors” and one-way streets. Reads aloud his response memo. In summary, does not recommend one-way streets and he isn’t aware of any NJ communities that have “safety corridors” on local streets, only on State roadways such as Route 9 and the Parkway. If it were allowable, council would put it in place just like any other traffic ordinance.
· Chief Niziolek applied for a live scan equipment grant and he also received a check for the DDEFY 2009 Grant in the amount of $1994.22.
Councilwoman Carr reports:
· Our Tree Management Plan was approved by the State. We need to first go for training and then we would be eligible for additional grant money.
Laurie Finger states that the training conference will be Fri 10/23 or Sat 10/24. We need to send one paid municipal employee and one volunteer. There are no other sessions scheduled prior to December 1st. If we don’t have an employee and volunteer trained next week we will not be able to apply for this years grant. Rick Guffanti, DPW Supervisor said he would be able to attend on Friday.
Councilman Wojyn states he would like to be the volunteer. He will be attending the Sat. Oct. 24th conference.
Councilwoman Carr continues:
· Process has begun for a liquor license transfer for our pocket license. It is currently under review and investigation by the Chief of Police.
· Regarding the Chief’s response to “safety corridors” and “one way streets”. Definitely feels special attention should be placed on Hamilton Street/Harrison Avenue. Many use it as a cut through and there are a lot of speeders and it is definitely a safety concern.
Attorney Youssouf states in municipalities they are called “Target Enforcement Areas”. If posted, it doubles the fines and mandates a court appearance, which deters violators. This would be done by Ordinance.
Discussion continues between Mayor, Council, Chief Niziolek and Attorney Youssouf.
Councilman Rucker has nothing to report this evening.
· Bridge on Water St. progressing well.
· At last Planning Board Mtg. Jewel Ridge received final approval with stipulations. There are still a lot of issues that they need to resolve. Once issues are resolved they may move forward.
Laurie Finger has nothing to report this evening.
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/Robilotti and seconded by C/Carr. Passed unanimously.
New Business
RESOLUTION NO. 2009-185
WHEREAS, the Governing Body of the Borough of Englishtown wishes to record its deep sorrow over the passing of Harry Soden; and
WHEREAS, Harry Soden devoted his life to the Borough of Englishtown; and
WHEREAS, the Governing Body is grateful for his many contributions as an outstanding citizen in our community; and
WHEREAS, Harry Soden’s service was given with such devotion that he has earned the respect, admiration and friendship of all the citizens of our community through his professional leadership and dedication.
NOW, THEREFORE, BE IT RESOLVED that in recognition of Harry Soden’s contributions to the Governing Body, the municipality and its citizens, we hereby express our deep appreciation to his service to this community and extend his family our sincere sympathy upon his passing.
BE IT FURTHER RESOLVED, that a certified true copy of this resolution be forwarded to the family of Harry Soden and be included in the official minutes of the Governing Body of the Borough of Englishtown.
Offered By: C/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-186
WHEREAS, after reviewing the Planning Board Escrow and Engineering Inspection Accounts held by the Borough, the Chief Financial Officer acknowledges that there are several old accounts retaining a balance after being deemed complete, and
WHEREAS, the Planning Board Engineer submitted a memo dated 9/23/09 indicating that the escrow and inspection billings for these projects are complete and there are no outstanding accounts receivable against these accounts, therefore funds can be returned to the appropriate applicant, and
WHEREAS, it is the recommendation of the Chief Financial Officer to refund the balance to said applicant,
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that it hereby authorizes the release of monies to the applicant for the following Planning Board Escrow and Engineering Inspection Accounts:
PLANNING BOARD ESCROW ACCOUNT
Account # Amount
1. Englishtown Automotive 54797 $1,000.00
2. Fernando Jorge 2104 $ 200.00
3. Franklin Autobody 9438 $2,042.50
4. Hair Systems 2711 $ 993.50
5. Jan Data 5254 $1,669.00
6. Jill & Richard Kielbasa 9079 $ 297.00
7. Leon Marter 8555 $ 835.00
8. Peter McNulty 1262 $ 65.00
9. Thomas Reiley, Jr. 9336 $ 39.00
Account # Amount
1. Englishtown Industrial Park 48464 $1,315.53
2. Jan Data 5254 $1,580.00
BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough Engineer, Chief Financial Officer and Planning Board Applicants.
Offered By: C/Rucker
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
RESOLUTION NO. 2009-187
FALL FESTIVAL VENDOR
WHEREAS, Lena Carazza of Papa D’s was scheduled to be a food vendor at the Englishtown Street Party scheduled for October 17, 2009 and unfortunately now, due to a new state mandate, her equipment is now considered not sufficient, enabling participation in the Englishtown Street Party; and
WHEREAS, it is the recommendation of the Public Events Committee Chairperson that Lena Carazza of Papa D’s, 77 Slater Blvd Staten Island, N.Y. 10305 is entitled to a refund of $75.00.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that the above refund is hereby approved.
Offered By: C/Robilotti
Seconded By: C/Cooke
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
RESOLUTION NO. 2009-188
WHEREAS, the Borough of Englishtown has received a grant for the purpose of promoting the Clean Communities Program;
WHEREAS, it is the recommendation of the Department of Public Works Supervisor for Stanley Matthews of Marlboro, N.J. to fill the position of Clean Communities Worker
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Englishtown, County of Monmouth, State of New Jersey that Stanley Matthews of Marlboro, N.J. shall be appointed as a Clean Communities Worker as follows:
1. Paid $10.00 per hour.
2. Four hours per day, four days per week; total of 16 hours per week.
3. Shall be under the direction of the Public Works Supervisor.
4. Appointment shall be effective October 15, 2009
BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to Stanley Matthews and the Borough Chief Financial Officer.
Offered By: C/Leonardis
Seconded By: C/Robilotti
Roll Call: Ayes: C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: C/Carr
RESOLUTION NO. 2009-189
RECORDS INFORMATION MANAGEMENT SHARED SERVICES
AGREEMENT WITH THE COUNTY OF MONMOUTH
WHEREAS, under the New Jersey Uniform Shared Services and Consolidation Act, namely C. 40A:65-1, et seq., local units, such as the County of Monmouth and this Municipality, may enter into shared services agreements with each other; and
WHEREAS, the County of Monmouth has entered into an agreement with Sunrise Systems, Inc. (“Sunrise”), whereby the County is licensed to access and use Sunrise’s web-based system known as the Open Public Records Search System – Records Information Management (“OPRS-RIM”); and
WHEREAS, under the terms of its agreement with Sunrise, the County of Monmouth may sublicense access and use of OPRS-RIM to municipalities within Monmouth County; and
WHEREAS, the County of Monmouth, has offered to enter into a shared services agreement with this Municipality, whereby this Municipality will be authorized as a sublicensee to access and use OPRS-RIM; and
WHEREAS, a copy of the agreement is attached to this resolution; and
WHEREAS, the OPRS-RIM provides for the Inventory Management, Retention Management, and Disposition Management of official records and includes an imaging module that permits the scanning of paper records into TIFF images, which may be stored long-term, searched and retrieved electronically.
NOW, THEREFORE, BE IT RESOLVED by the governing body of this Municipality that the Mayor and Municipal Clerk be and they are hereby authorized to enter into the proposed OPRS-RIM shared services agreement with the County of Monmouth.
BE IT FURTHER RESOLVED that there is no need for a certification of available funds for the period of September 1, 2009 through August 31, 2010, since this Municipality’s obligation will be paid through a PARIS grant obtained by the County of Monmouth.
BE IT FURTHER RESOLVED that if and when funds are required from this Municipality to pay for its continued participation in the OPRS-RIM agreement, the Chief Financial Officer shall file a certification of available funds, identifying the budget line item(s) and amount(s) certified.
Offered By: C/Robilotti
Seconded By: C/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-190
WAIVING DEVELOPERS FEES FOR 31 PARK AVENUE
WHEREAS, on January 17, 1992 permit number ET – 02-92 was issued for the construction of a warehouse; and
WHEREAS, on September 4, 1999 permit number ET – 123 – 99 was issued to the construction of offices; and
WHEREAS, subsequently, the Borough of Englishtown passed Ordinance No. 2006 - 20 on November 8, 2006 requiring developers’ fees to be paid in accordance with COAH regulations; and
WHEREAS, the owners were advised by the construction code official that they would be required to pay such fees in order to finally obtain the Certificate of Occupancy that should have been granted prior to the passing of the ordinance.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough will waive collection of these fees for this project and so advise the construction code official serving the Borough to issue the Certificate of Occupancy without the payment of the fees.
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be provided to the State of New Jersey, Department of Community Affairs Construction Official, Tax Assessor, Municipal Housing Liaison, and the owner of 31 Park Avenue.
Offered By: C/Robilotti
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
RESOLUTION NO. 2009-191
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 $2,891.39
are hereby authorized to be processed into purchase orders on October 14, 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/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
RESOLUTION NO. 2009-192
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 $179,707.94
are hereby authorized to be paid on October 14, 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/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
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.
Isabelle Lewis, Park Avenue – commends C/Carr for her efforts in helping with the situation with her home and the County. Questions the alarm registration fee.
Barbara Kuchinski, Hamilton St. – questions C/Robilotti on what she’s done re: shared services and if she’s spoke with Roger (last name inaudible) from Monmouth Co. Shared Services. He works with towns to see what is available to them.
Kathy Bien, Main St.- addresses her concerns regarding the Jewel Ridge project.
There being no further questions or comments, a motion to close the public portion was offered by C/Rucker and seconded by C/Carr. Passed unanimously.
Mayor Reynolds states during executive session, we have made decisions to cut in certain areas. Resolution No. 2009-193 is added to tonight’s agenda at this time, which addresses the cuts that will take place. In addition there will be an accelerated tax sale. Mayor Reynolds explains what an accelerated tax sale is at this time. This resolution will be on the next meeting agenda.
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-193
WHEREAS, the Mayor and Council of the Borough of Englishtown in preparing for its 2010 Budget year have made the following budgetary cuts:
· All non union employees to be furloughed one day per pay period;
· Mayor and Council salaries to be cut by 10%;
· Co-pay for medical insurance shall be raised from $10.00 to $20.00;
· Recreation Department annual funding of $4,000.00 to be cut;
· Deputy Court Administrator position shall be changed from a full time position to a part time position with an estimated 10 hour work week; and
WHEREAS, the Mayor and Council also authorize the tax collector to prepare the necessary resolution to have an accelerated tax sale for November 2009 property taxes and water/sewer bills that are delinquent eleven days past their due date.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the above budgetary cost saving measures are approved and shall become effective January 1, 2010 and the tax collector is authorized to prepare necessary resolution to have an accelerated tax sale.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
C/Wojyn states his concern regarding Manalapan’s Affordable Housing Development proposed to go up off of Wood Avenue. The proposed development would house 10 three-story buildings and would bring approximately 600 people into our immediate area. Asks for the support of Englishtown residents to attend Manalapan’s Council Meeting scheduled for Nov 9th or 10th to address any concerns they may have.
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
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/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
The time being 8:37 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Robilotti, seconded by C/Carr. Passed unanimously.
The time being 8:44 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Carr, seconded by C/Robilotti. Passed unanimously.
The time being 8:44 P.M.
___December 14, 2009_____ ________________________
Approved by Governing Body Municipal Clerk