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June 8, 2005

 

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.         Committee Reports

 

5.         Correspondence

 

6.         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.

 

7.         New Business:

 

A.  Resolution No. 2005-104

Authorizing Renewal of Alcoholic Beverages, Year 2005-2006 

 

B.  Resolution No. 2005-105

Resolution Celebrating New Jersey, Month of June 2005

 

C.  Resolution No. 2005-106

Authorizing Redemption of Tax Sale Certificate

 

D.  Resolution No. 2005-107

                        Emergency Temporary Appropriations

 

E.  Resolution No. 2005-108

Authorizing Payment of Borough Bills

 

F.     Resolution No. 2005-109

Authorizing Erection of Fence on Easement, 9 Heritage Drive

 

G.     Resolution No. 2005-110

Establishing Hours of Work of Department Head – Chief of Police

 

            8.         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 implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

9.         Executive Session

 

10.              Adjournment

 

Mayor Reynolds called the meeting to order at 7:30 P.M.

 

Roll Call:  Present:        C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri

                  Absent:       C/Gallagher

 

Also present were Julie Martin, Municipal Clerk, Lynn Tillman, Deputy Municipal Clerk, and John O. Bennett, 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 Home News 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.

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states I want to thank Lynn Strong for organizing the Memorial Day Parade.  Also a special thank you to the American Legion and all the participants in the parade.  Secondly the Recreation Committee needs extra help and the committee members have requested they be allowed to use the phone, computers, and copy machine on Borough hours.

 

Mayor Reynolds gives his permission.

 

C/Soden states nothing at this time.

 

C/D’Agostino states dog and cat licenses are due for renewal before July1st or you will be subject to a fine.

 

C/Simon states the police activity report from 5/20 – 6/4; there were 413 calls and 100     motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states the rabies clinic is set for Tuesday, June 14th between the hours of 6 – 7:30 p.m.  The primary election was held yesterday and we had a total of 108 people come out to vote.

 

C/Gallagher arrives at 7:37 P.M.

 

Public Portion – Agenda Items

 

Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.

 

Jayne Carr, Main Street questions the bill list page 4, cost for engineering services; what was that for?  Also, on page 5, $158.99 for a stereo system, was that what was put in the hallway to blast during Executive Session?

 

Julie Martin responds the engineering services were for the review of the roadway exchange and for work on the state mandated stormwater regulations.  Yes, that stereo was hooked up for the hallway speakers in the ceiling.

 

Jayne Carr asks what is Resolution # 2005-110, Establishing hours of work for the Chief of Police?

 

Mayor Reynolds responds we established new hours for the Chief of Police, which will be 10-hour shifts Sunday through Wednesday. 

 

There being no further questions or comments from the public, a motion to close the public portion was offered by C/Soden and seconded by C/Simon.  Passed unanimously.

 

New Business

 

Borough of Englishtown

Resolution No. 2005-104

 

Authorizing Renewal of Alcoholic Beverage

Licenses For The Borough Of Englishtown

For 2005-2006

 

Be It Resolved, by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that

 

1.      The applications having been found in order, all required certifications having been given and all required fees having been paid, it hereby authorizes the Municipal Clerk to issue the following alcoholic beverage licenses for the term of July 1, 2005 through June 30, 2006:

 

                        Licensee                                                         License Number

                        Pop Pop Enterprises Inc.                                  1312-33-003-010

                        T/A Pop Pop Dugan's

 

                        John F. Carroll Columbian Club                        1312-31-005-001

 

                        Gajanand Corporation                                      1312-44-004-006

                        Englishtown Liquors & Convenience

 

Offered By:                  C/D’Agostino

           

Seconded By:               C/Gallagher

           

Roll Call:   Ayes:           C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                   Nays:        None

                Absent:         None

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2005-105

 

A Resolution Celebrating New Jersey

In The Month of June, 2005

 

WHEREAS, since earliest times, New Jersey’s shore line, Pine Barrens, mountains and valleys have been recognized as places of great beauty, rich in natural resources and an abundance of plant and animal species, and

           

            WHEREAS, New Jersey was the “crossroads of the American Revolution,” having more encampments, skirmishes, headquarters, and impact on the civilian population than any other state, with Washington and his army fighting back and forth across the state for four long years, involving almost every village and hamlet in the state, and

 

            WHEREAS, New Jersey’s illustrious history and citizens have changed the nation and the world, including such “firsts and bests” as the first state to ratify the U.S. Bill of Rights, the first railroad charter in the U.S., the nation’s first seaside resort, the first baseball game, two Tony Award-winning regional theaters, and the first college football game, and

            WHEREAS, life saving health care innovations were invented in New Jersey including ether, penicillin, early chemotherapy, cortisone, streptomycin and antihypertensive drugs, and

 

            WHEREAS, such life enhancing developments were invented in New Jersey as the first sound motion picture, the first live TV transmission, the first long-distance direct dialing, the first touch-tone dialing, the first transatlantic fiber-optic cable, the first high-definition digital TV, the first bar code, the first production of safe, practical air conditioners of large spaces, the first electric light, the first phonograph, the first canned, condensed soups, the first mass produced, quick-frozen vegetables, the first canned beer, the first glass company and the first cloverleaf traffic intersection, and

 

            WHEREAS, New Jersey’s illustrious citizens include such greats as Thomas Edison, Walt Whitman, Frank Sinatra, President Woodrow Wilson, James Fenimore Cooper, Bruce Springsteen, Alice Paul, William Carlos Williams, Charles Lindbergh, Meryl Streep, Paul Robeson, Joyce Carol Oates, Susan Sarandon, and Jackie Robinson, and

 

            WHEREAS, New Jersey’s strength is its highly educated work force, its diversity and the resilience, ingenuity, creativity, and generosity of its citizens, and

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough of Englishtown that we declare June 2005 as New Jersey’s first annual Celebrate New Jersey! Month and direct all Borough agencies and authorities to participate in showcasing all that makes our Borough a great place to live and work.

 

Offered by:            C/D’Agostino

 

Seconded by:        C/Simon     

 

Roll Call: Ayes:   C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                Nays:    None                                  

             Absent:    None          

            Abstain:    None

 

Borough of Englishtown

Resolution No. 2005-106

 

A Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that a Tax Sale payment was made by Culmac Investors, P.O. Box 251, Monmouth Beach, NJ  07750 for: $1,526.75 and $2,100.00 premium on:

 

            Block 25, Lot 8, Water Street Property

Whereas, the property owner has redeemed this certificate before it was issued.          

 

            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 $3,626.75 to Culmac Investors, P.O. Box 251, Monmouth Beach, NJ  07750.

 

            Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

 

Offered by:                   C/Soden

 

Seconded by:               C/Simon          

 

Roll Call: Ayes:             C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                Nays:           None               

             Absent:            None

            Abstain:            None

 

Borough of Englishtown

Resolution No. 2005-107

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2005 Budget and N.J.S.A.40A:4-2 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

 

Whereas, the total emergency temporary Resolutions adopted in the year 2005 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A:4-20) including this Resolution total $1,223,302.00.

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that an emergency temporary appropriation be and the same is hereby made for the attached indicated appropriations.

 

Offered By:                  C/Rucker        

                                               

Seconded By:               C/Simon

  

Roll Call:  Ayes:            C/Soden, C/Rucker, C/Gallagher, C/D’Agostino, C/Palmieri

                 Nays:          None

              Abstain:          None 

               Absent:          None 

 

Borough of Englishtown

Resolution No. 2005-108

 

Resolution of the Borough of Englishtown,

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 $80,215.58 be and

                   the same are hereby authorized to be paid on June 8, 2005.

 

2.        The Borough Clerk be and 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/D’Agostino

 

Seconded by:               C/Simon

 

Roll Call:   Ayes:           C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                   Nays:        None

                Absent:         None

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2005-109

 

RESOLUTION AUTHORIZING THE BOROUGH OF ENGLISHTOWN

TO EXECUTE AN AGREEMENT WITH DARREN AND ADELE PECORARO FOR THE CONSTRUCTION OF A FENCE WITHIN A BOROUGH DRAINAGE/CONSERVATION EASEMENT.

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown as follows:

 

1.         For good cause having been shown, the Borough of Englishtown is hereby authorized to execute an agreement with Darren and Adele Pecoraro, so that the said property owners can conditionally construct/install a fence over the municipal drainage/conservation easement area, located at the rear of the property identified as 9 Heritage Drive (Block 26.02, Lot 56), Englishtown, New Jersey.

2.         That the Mayor, Clerk, and other appropriate Borough representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution, including the attached Agreement, or document substantially similar thereto.

3.         That all costs associated herewith (including reasonable attorney fees, recording fees, etc.) shall be the responsibility of the property owners.

4.         The within Resolution shall take effect immediately.

 

Offered By:                 C/D’Agostino

 

Seconded By:             C/Simon

 

Roll Call:   Ayes:         C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                Nays:          None

             Absent:          None

            Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-110

 

RESOLUTION OF THE BOROUGH COUNCIL OF THE

BOROUGH OF ENGLISHTOWN ESTABLISHING HOURS

OF WORK FOR THE CHIEF OF POLICE

 

WHEREAS, the Mayor and Borough Council of the Borough of Englishtown previously established by resolution minimum hours of the day within which full-time Borough Department Heads must work; and

 

WHEREAS, the Borough Chief of Police has requested that the schedule established for the position of Chief of Police be amended so that the Police Department can be managed more efficiently.

 

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, that the Borough Chief of Police must work a minimum of ten (10) hours per day, Sunday through Wednesday.

 

BE IT FURTHER RESOLVED that the Borough Chief of Police shall submit his schedule to the Borough Police Commissioner by the end of each month for the subsequent month.

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be provided to the Borough Chief of Police and the Borough Chief Financial Officer.

 

 

Offered By:                  C/Simon

 

Seconded By:               C/D’Agostino

 

Roll Call: Ayes:             C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                Nays:           None

             Absent:            None

            Abstain:            None

 

Public Portion – Non-Agenda Items

 

Mayor Reynolds opened the floor to the public for anything they wish to bring to the attention of the governing body.

 

Jayne Carr states at the last meeting I requested to listen to the tapes from the April 13th meeting, however when I called to set up a time to listen to them I found out there are no tapes from that meeting.

Julie Martin, Municipal Clerk responds that was at the meeting where the recorder was not working.  Since that meeting I’ve been using the Court’s recorder and I have ordered a new recorder.

 

Jayne Carr asks what did we do with the Homeland Security money?

 

Julie Martin responds the Homeland Security money has not been received yet. 

 

Jayne Carr asks was the Chief in favor of his new schedule?

 

C/Simon responds yes I have spoken with the Chief.

 

Lynn Strong, 51 Main Street comments on the Chief’s new hours and states I am a very strong supporter of the Englishtown Police Department.

 

Jeffrey Hanlon, Englishtown PBA Local 166 Representative, asks was the schedule ever discussed with the Chief for the efficiency of the Police Department?

 

Mayor Reynolds responds yes. 

 

Richard Settele, Englishtown PBA Local 166 states before you passed the first resolution changing the hours of all department heads to 8 hours isn’t it true that the PBA expressed how it would adversely affect the police department and you still went ahead and changed the Chief’s hours?

 

Mayor Reynolds responds when the PBA came before us they said that some people were not getting to see supervisory personnel so we felt extending it to 5 days there was a greater chance seeing the Chief.  We tried it, it didn’t work out so we corrected it.                                                                                                                                 

Joanne Damante, 19 Heritage Drive asks who makes the schedule for the Police Officers?

 

Mayor Reynolds responds the Chief.

 

Joanne Damante asks why do you as council feel he is not capable of knowing when he should be here and making up his own schedule.

 

Mayor Reynolds responds we had this discussion with the Chief and he agreed to the Sunday through Wednesday schedule.

 

Michael MacInnes, Englishtown PBA Local 166, states I was wondering if other Chiefs in the County or the State work weekends? 

 

Mayor Reynolds responds yes.

 

C/Gallagher states am I wrong or is this the schedule the Chief asked for?

 

Mayor and Council request Chief Niziolek to speak regarding the new schedule.

 

Chief Niziolek states the most efficient schedule for myself is Monday through Thursday.  The council was interested in some weekend scheduling for myself so the compromise that I presented to council was a Sunday through Wednesday schedule.  As far as I know I am the only chief in the State who’s schedule is set by Resolution.  I have had discussion with the Attorney Generals Office and they said that unless I asked for some outrageous schedule it should be permitted by me to set my own schedule however the Council sees differently.

 

C/Simon asks Chief Niziolek why when we had conversations regarding this did you never said you didn’t want this schedule?

 

Chief Niziolek responds I compromised.  When this town needs me I’m here.

 

Jeffrey Hanlon, Englishtown PBA Local 166, I just wanted to clarify for the record when the PBA came to the meeting it was because the Council modified the Chief’s schedule.  The PBA as a whole does not endorse the Chief’s new schedule.  Monday through Thursday is the most efficient schedule for the Chief and this town.  If the Council wants to go against the Chief’s recommendation, so be it. 

 

Irene Borghaus, 44 Main Street, states I feel the Chief should make up his own schedule to accommodate the town, not the council.  I am also appalled at what happened at the last meeting and I feel people should rethink the way they act in public.

 

C/Gallagher states I was not present at the last meeting however I heard something that concerned me and that was that the Chief said that the prosecutor said they were not to patrol Heritage Drive?

 

John Bennett, Borough Attorney states no the prosecutor never said that.

 

Richard Settele, Englishtown PBA Local 166, I keep hearing that officers asked for more supervision.  The Chief is an Administrator.  I was promoted to Second Sergeant, the weekend Sergeant.  Since then the Sergeant left and I moved to the weekdays.  We have not filled the Second Sergeant position.  If you want to promote someone I’m sure these officers would gladly be a Sergeant and work the weekends.

 

C/Gallagher states I don’t recall any officer saying that there was lack of supervision.  I think that is misleading.  I think what they said is they don’t get to see the Chief enough.  I know as Chairperson I recommended that Pete Cooke be promoted to Sergeant.  The budget has been tight this year and maybe it’s something we can talk about if we get the extraordinary aid. 

 

Jayne Carr, Main Street asks I would like to know why we were at the Prosecutor’s office talking about Heritage Drive?

 

John Bennett, Borough Attorney states we were not at the Prosecutor’s office talking about Heritage Drive. 

 

John Cuccia, 28 Lonestar Lane, Manalapan states I’ve dealt with Homeland Security for the past few years and as far as I know they don’t allow you to buy anything.   You have to buy it first and submit it to the grant and then they pay you back.  In regards to the Chief, is there any other department within the Borough that is a 24/7 operation?

 

C/Soden responds on a daily basis, no.

 

John Cuccia responds I’m a supervisor at the First Aid Building and I know it’s a little different because it’s volunteer however I can make my own schedule.  The Chief should be able to make his own schedule.  He knows when and where he’s needed.

 

Kevin Bosies, 12 Main Street asks have you received the request from Liberty Manor for their tax appeal? 

 

John Bennett, Borough Attorney responds we are in the process and are awaiting the appraisal. 

 

Michael MacInnes, Englishtown PBA Local 166 asks was the budget passed this year?  Was the Chief denied anything that he asked for in his budget?

 

Mayor Reynolds responded no the budget was not passed yet.

 

C/Gallagher responded there were things that he asked for that we didn’t keep in the budget however we will revisit them after we find out if we are getting state aid or not. 

 

Michael MacInnes, states why, you said last July whatever the Chief wants he gets.

 

C/Gallagher responds because we have a $153,000 deficit and we can’t give you things if we don’t get aid from the State.  I said in previous years what he asked for in his budget we never said no.  But this year we don’t have the money. 

 

Lynn Strong, Main Street, states each one of you were elected by the citizens of this Borough for our needs not for your own personal selves and I think some of you are self centered. 

 

Nick Appice, 20 Heritage Drive, asks if the schedule was already set up why did the Chief receive a rice notice?  I really think it would be a good idea for Mayor and Council to sit down with the Police Department and air all your differences.  This is not the way a town should be run, you have to learn to work together.

 

Mayor Reynolds responds if an individual is going to be discussed for any reason they receive a rice notice and they have the right to either have the discussion take place during Executive Session or during Public Portion.

 

C/Gallagher states a rice notice is given to an employee if we are going to be talking about them or their position.  It’s not necessarily a negative thing.

 

Chief Niziolek states I have a copy of Resolution 2004-200 that was passed on December 13th and it says specifically that the Chief of Police recommends that he return to a ten-hour shift.  I think that is specifically discussing me and I didn’t receive a rice notice.

 

John Bennett, Borough Attorney states, Mr.Gagliardi, of the Chief’s Association, represented you.  Why did you wait till June to raise that issue?

 

Chief Niziolek responds only because C/Gallagher stated employees would receive a rice notice if any Resolutions concerned them.

 

Jeffrey Hanlon, Englishtown PBA Local 166 Representative states as Union Representative I can honestly say that the morale of the department is nowhere near what it should be and the reason is we feel we have to watch our backs.  It’s tough to come to work everyday and feel that your governing body does not respect you.  We like to serve our community and want to do the best for our community and also have a good relationship with our council.

 

There being no further questions or comments a motion to close the public portion was offered by C/Simon and seconded by C/D’Agostino.  Passed unanimously.

 

Executive Session

 

There is no executive session this evening.

 

Adjournment

 

There being no further business a motion to adjourn was offered by C/Soden and seconded by C/Rucker. Passed unanimously.

 

The time being 8:33P.M.

 

       July 27, 2005                                                         ________________________

Approved by Governing Body                                          Clerk