** AGENDA **
October 27, 2010
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 - October 13, 2010
5. Committee Reports
6. Correspondence
7. Borough Administrator/CFO Report
8. Borough Engineer’s Monthly Report – October 2010
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:
Implementing the Proper Destruction of Audio Meeting Tapes Set Forth By D.A.R.M.
B. Resolution No. 2010-177
Authorizing Reimbursement Over $800 to Fire District for
Authorizing Refund of Property Taxes Due to County Tax Appeal
D. Resolution No. 2010-179
Authorizing Redemption of Tax Sale Certificate
E. Resolution No. 2010-180
Authorization of Services Over $800
Water Treatment Plant – Filter Cleaning
F. Resolution No. 2010-181
G. Resolution No. 2010-182
Authorizing Payment of Borough Bills
11. Tax Collector’s Report - September 2010
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 7:30 P.M.
Roll Call: Present: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
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.
There being no corrections, deletions or additions, a motion to approve the Minutes of October 13, 2010 was offered by C/Robilotti and seconded by C/Rucker.
C/Carr states that the minutes do not properly reflect what was stated in the discussion item, Municipal Clerk – Retention Schedule and Nostalgia Oak Warehouse and would like the minutes amended.
At this time a motion to table the approval of the October 13, 2010 minutes so they can be amended was offered by C/Carr and seconded by C/Cooke. Passed on the following roll call:
Roll Call: Ayes: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Absent: None
Abstain: None
At this time a motion to amend the minutes of the section that C/Carr sited, to be translated into a verbatim transcription of the Record Retention discussion, to be inserted into the minutes was offered by C/Carr. There was no second; therefore motion died due to lack of a second motion to have a verbatim transcription of the Record Retention discussion inserted into the minutes.
Attorney Youssouf suggests the Clerk carefully go back and reexamine the section to correctly reflect the position of the council members that evening.
C/Carr makes another motion to have a verbatim transcription insertion of the Record Retention discussion from the October 13, 2010 council meeting. There was no second; therefore motion died due to lack of a second motion.
Attorney Youssouf states it is the affirmative obligation of the Clerk to review the fact that the minutes have not been approved and to amend the minutes to accurately reflect the information that has been brought up this evening and resubmit them to Mayor and Council for approval.
Councilwoman Krawiec reports:
· Hydrant flushing on October 20th. Some reports of odor and discolored water, which was resolved with the flushing.
· Meter and remote installations on new construction on LaSatta Avenue and a broken remote installation and calibration on Park Avenue.
· Delivered 54 water shut off notices on 10/21of which 30 accounts have been paid, leaving 24 delinquents to date.
· DPW performed water/sewer mark outs and maintained the water plant while W/S Superintendent was on vacation from 10/6 – 10/10.
C/Robilotti states that Brandywine Assisted Living Facility requests at least 24 hour notice prior to the next hydrant flushing because it puts a hardship on the facility.
B/A Finger will notify W/S Clerk of Brandywine’s request.
Councilwoman Cooke reports:
· Halloween Party scheduled for October 30th at the Firehouse from 6-8 p.m.
Administration, Finance & Personnel
Councilwoman Robilotti reports:
· Police Report consisted of the following: 148 Dispatched Incidents, 75 Incident Reports, 28 Arrest Reports, 1 Citizen Complaint, 3 Disorderly Persons Complaints, 5 Borough Ordinance Violations, 8 Motor Vehicle Collision Reports, 362 Motor Vehicle Stops, 334 Motor Vehicle Summons Issued, 13 Motor Vehicle Impounds.
· Contacted by the NJ Division of Criminal Justice that the Borough has been awarded $1,130.78 under the State FY 2010 Body Armor Replacement Fund Program.
· On 10/22/10 C/Cooke and I attended the Government Efficiencies and Best Practices Forum, very interesting and enlightening. Also discussed the 2% CAP and referendum.
· Attended the Disaster Drill on 10/23 at MEMS by our First Aid Squad. Very interesting to see our cadets in action.
C/Wojyn requests status on the Water Street traffic light. States on Saturday at 1p.m. there was a 54 car back up. Clerk states he’s been in contact with the County regarding this problem.
Councilwoman Carr reports:
· Attended open enrollment health insurance meeting with the employees, Cindy from Danskin, B/A Finger and C/Robilotti. Basically everything stayed the same. Dependant coverage is now until the age of 26. Under Cobra even if your cobra runs out in 15 months, your child is still eligible for that health plan until the age of 31 as your dependant. Quite a bit of money in their fund. We need to request some of that money come back to the town. Won’t help us in this year’s budget but maybe next.
· Re: Live where you work program – sent Mayor, Clerk and Attorney the program brochure. Discusses some program incentives.
· An OPRA request has been made today from Mr. Napoli to buy copies of taped minutes, at which point he will be donating them to the library.
· Re: Solar Panels - Nick Campanella wanted to be a part of the RFP writing process but was never contacted by Borough Professionals. He feels the way the RFP was drafted by the Engineer the Borough wouldn’t receive any response.
Mayor Reynolds states you can’t have a potential vendor give their input on an RFP.
Per C/Carr he was never to be a potential vendor. Discussion with Mayor, Council and Attorney Youssouf regarding the solar panel RFP continues.
Councilman Rucker reports:
· Leaf pick up began on Monday
· Thanks B/A Finger, Peter Gorbatuk, Clerk and Rick Guffanti, DPW Supervisor, especially B/A Finger for being the lead person in getting the grant for the recycling containers.
Laurie Finger states C/Wojyn covered her item topics in his committee report.
Mayor Reynolds reads aloud Borough Engineer’s Monthly Report for October – Walgreen’s was approved for the old Exxon site.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
Barbara Kuchinski, Hamilton St. resident – questions & comments on Resolution No. 2010-176
Christine Robbins, Deputy Clerk – addressed questions
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.
RESOLUTION NO. 2010-176
IMPLEMENTING THE PROPER DESTRUCTION
OF AUDIO MEETING TAPES SET FORTH BY DARM
WHEREAS, at the October 13, 2010 council meeting, the Municipal Clerk brought to the attention of the Mayor and Council that the proper disposition of audio tapes of council meetings is not being followed; and
WHEREAS, the record retention policy set forth by the State of New Jersey Division of Archives and Records Management (DARM), Record Series 0511-0000 states, “the recordings of public meetings shall be erased after 80 days or when transcript has been approved, whichever occurs later”; and
WHEREAS, the approved meeting minutes serve as the official transcript of council meetings and are a permanent record of the Borough of Englishtown, which are on file in the Clerk’s office and available for public review at anytime.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the audio tapes of council meetings shall be erased after 80 days or when transcript has been approved, whichever occurs later per the Record Retention and Disposition Schedule set forth by DARM.
Offered By: C/Rucker
Seconded By: C/Cooke
Roll Call: Ayes: C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: C/Carr
Abstain: None
Absent: None
RESOLUTION NO. 2010-177
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:
Fire Prevention Material & Handouts to Children during Fire Safety Education Week - $1,671.00
Reimbursement To:
Englishtown Fire District
3 South Main Street
Englishtown, N.J. 07726
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/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2010-178
RESOLUTION AUTHORIZING REFUND OF PROPERTY TAXES
DUE TO COUNTY TAX APPEAL
WHEREAS, the Borough of Englishtown Tax Collector has reported an over-payment in 2009 taxes that needs to be refunded due to a County Tax Appeal judgment, statutory interest having been waived by the taxpayer; and
WHEREAS, per Tax Court Judgment Docket: 000319-2009, an overpayment in the amount of $23,918.40 on property Block 14, Lot 6 and $3,261.60 on property Block 14, Lot 18 located in the Borough of Englishtown should be refunded.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that in accordance with the request of the Tax Collector, a total refund is hereby authorized in the amount of $27,180.00 to BTR Capital Group, LLC – McKirdy & Riskin, P.A. 136 South Street, P.O. Box 2379 Morristown, N.J. 07962-2379; and
BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough Tax Collector and Chief Financial Officer.
Offered By: C/Robilotti
Seconded By: C/Rucker
Roll Call: Ayes: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2010-179
WHEREAS, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to US Bank-Cust/SASS Muni V dtr 2 Liberty Place 50 South 16th Street Suite 1950 Philadelphia, PA 19102:
Tax Sale Certificate Number 08-00004
Block 25, Lot 7
15 Water Street
in the amount of $16,091.86
WHEREAS, the above-mentioned certificate has been paid and US Bank-Cust/SASS Muni V dtr is entitled to a redemption amount of $16,091.86.
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 authorizes payment in the amount of $16,091.86 to US Bank-Cust/SASS Muni V dtr 2 Liberty Place 50 South 16th Street Suite 1950 Philadelphia, PA 19102:
BE IT FURTHER RESOLVED that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.
B/A Finger requests per the tax collector to table this resolution until the next council meeting.
A motion to table Resolution No. 2010-179 to the November 10, 2010 council meeting is offered by C/Carr and seconded by C/Robilotti. Passed unanimously.
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2010-180
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 Treatment Plant Filter Cleaning - $2,395.00
Services From:
A.C. Schultes Inc.
664 South Evergreen Avenue
Woodbury, N.J. 08096
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/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2010-181
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 $10,156.37
are hereby authorized to be processed into purchase orders on October 27, 2010.
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
C/Carr questions mile reimbursement to the bank and asks if we can move the account across the street to save that money. B/A Finger responds Amboy Bank gives the Court a credit card machine at no cost to the municipality.
Roll Call: Ayes: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2010-182
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 $569,639.09
are hereby authorized to be paid on October 27, 2010.
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
C/Carr questions Borough Engineer fee of $120.00 to prepare monthly report. B/A Finger responds that is his hourly fee with a one-hour minimum. Consensus of council to only have Borough Engineer prepare report if there are new items or updates.
Roll Call: Ayes: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn
Nays: None
Abstain: None
Absent: None
September 2010
2010 Taxes $45,971.69
2011 Taxes 7.31
Interest 420.66
Duplicate Bill Fee 5.00
Net Receipts $46,404.66
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/Rucker and seconded by C/Carr. Passed unanimously.
Executive Session
There is no executive session this evening.
Adjournment
There being no further business a motion to adjourn was offered by Carr, seconded by C/Wojyn. Passed unanimously.
The time being 9:16 P.M.
November 10, 2010 ________________________
Approved by Governing Body Municipal Clerk