** AGENDA **

 

August 9, 2006

 

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 – May 10, 2006

 

5.                  Committee Reports

 

6.                  Correspondence

 

7.                  Discussion Items:

COAH

2006 Budget Amendment

 

8.                  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.

 

9.                  Old Business:

 

A.  Council Meeting Minutes of 4/26/06

                              (Tabled from 7/12/06 meeting)

 

10.              New Business:

 

A.  Ordinance No. 2006-18 – First Reading & Introduction 

                        Bond Ordinance Providing for the Reconstruction of Hamilton St. and

                        Irving Place

 

B.     Ordinance No. 2006-19 – First Reading & Introduction

Amending/Supplementing Housing Standards Ordinance (2005-09)

 

                       

C.  Resolution No. 2006-118

                       Authorization of Purchases over $800.00

                         Protective Clothing – Edward M. Miller III, Fire Official

 

D.     Resolution No. 2006-119

Refund of Taxes – Baker Residential

 

                        E.   Resolution No. 2006-120

Authorization of Purchases Over $800.00

Emergency Well Pump Repair – A.C. Schultes, Inc.

 

F.   Resolution No. 2006-121

2005 Audit of the Borough of Englishtown

 

G.  Resolution No. 2006-122

Temporary Capital Budget

 

                        H.  Resolution No. 2006-123

                              Developers’ Agreement – Quick Check

                       

                        I.    Resolution No. 2006-124

Emergency Temporary Appropriations

 

J.   Resolution No. 2006-125

Authorizing the Payment of Borough Bills

 

K.    Resolution No. 2006-126

Authorization of Purchases Over $800.00

LOSAP Obligation – Lincoln Financial Advisors

 

L.      Resolution No. 2006-127

Authorizing Mayor to sign DEP Sewer Approval – Jewel Ridge Estates

 

M.   Resolution No. 2006-128

Authorizing Execution of Settlement Agreement with Hair Systems

 

11.              Tax Collector’s Report for July, 2006

 

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

  

Mayor Reynolds called the meeting to order at 7:30 p.m.

 

Roll Call:  Present:           C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                 Absent:          None

 

Also present were Julie Martin, Municipal Clerk, Christine Robbins, Administration Clerk, Laurie Finger, Borough Administrator, Stuart J. Moskovitz, Borough Attorney and Borough Engineer Tom Herits.

 

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.

 

Approval of Minutes

 

There being no corrections, deletions or additions, a motion to approve the Minutes of May 10, 2006 was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

 

Roll Call:        Ayes:        C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                      Nays:       None

                     Absent:     None

                    Abstain:     None

 

Committee Reports

 

C/Rucker

·        Nothing at this time.

 

C/Palmieri

 

C/Robilotti

 

C/Soden

 

C/Carr

 

·       In regard to the Water Dept, spoke with the Prosecutors Office and they have released the investigation. There was no way to prove there was any crime. They also stated that four or five days ago a letter was mailed to me at Borough Hall, which I never received.        

 

After reviewing a copy of this letter also sent to Attorney Moskovitz it seems this letter was sent to Borough Hall at 49 LaSatta Avenue.  It was mailed to Liberty Manor instead.

 

Discussion continues regarding Liberty Manor incident and ways to insure it doesn’t happen again.

 

C/Simon

 

Correspondence

 

Julie Martin, Municipal Clerk reports:

 

 

 

 

After Committee discussion, Mayor Reynolds states to send a letter stating it was turned down before and still is because its’ a very serious safety issue.

 

 

 Discussion Item - COAH

 

Mayor Reynolds opens the floor to Tom Herits, Borough Engineer for COAH discussion.

 

Discussion takes place between Mayor and Council and Borough Engineer Tom Herits regarding COAH requirements.  A few key items of discussion:

·        Have the developer make a contribution in lieu of building a unit. This is one way to meet the COAH requirements.

·        By June a housing remedy needs to be in place.

·        By June 19, 2008 must petition COAH (COAH Certification)

·        We need a plan certification to protect the Borough.

·        Tom Herits instructed by Mayor to get proposal for Round Three Certification.

 

 Discussion Item – 2006 Budget Amendment

 

Consensus of council is to accept $25,000 extraordinary aid, which will bring the Borough of Englishtown’s tax rate down to 6.5%.  If we turn it down, next year we may not get aid.  Money will be used to pay off bonds.

 

Public Portion – Agenda Items

 

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

 

Patrolman Cooke, PBA Local 166

-         Patrolman MacInnes while on routine patrol, observed a vehicle being operated by an individual wearing gloves.  He found this suspicious, used the mobile computer to confirm suspicion;  vehicle was indeed stolen out of Jackson.  With the assistance of the Chief of Police and our new hire Patrolman Chernavsky, vehicle was recovered and suspect apprehended.

 

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

 

Old Business

 

Approval of Minutes – April 26, 2006 – Tabled from 7/12/06 council meeting

 

Julie Martin, Municipal Clerk states date of the Budget Intro was in February, this was questioned by Councilwoman Carr. After review of meeting tape Councilwoman Carr was correct, the date of  Budget Introduction was in March.

 

C/Carr states with regard to the Liberty Manor incident on page 10, I recall the whole council was polled and I would like that looked into. In addition, after review of that tape I feel there was consensus of council to have a Public Hearing.

 

There being no corrections, deletions or additions, a motion to approve the Minutes of April 26, 2006 was offered by C/Simon and seconded by C/Robilotti..  Passed on the following roll call:

 

Roll Call:        Ayes:    C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Robilotti

                      Nays:    C/Carr

                   Absent:     None

                  Abstain:     None

 

New Business

 

BOROUGH OF ENGLISHTOWN                         First Reading & Introduction
BOND ORDINANCE NO. 2006-18

 

BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF HAMILTON STREET TO HARRISON AVENE AND IRVING PLACE, APPROPRIATING $300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $135,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY

 

BE IT ORDAINED by the BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1.      The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Borough of Englishtown, in the County of Monmouth, New Jersey (the “Borough”).  For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $300,000, said sum being inclusive of all appropriations heretofore made therefor and including $150,000 grant funds expected to be received from the New Jersey Department of Transportation and the sum of $15,000 down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A-2-1 et seq. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more of the previously adopted budgets.

Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $135,000, pursuant to the Local Bond Law.  In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3.      (a) The improvements hereby authorized and the purposes for which the obligations are to be issued consist of the reconstruction of Hamilton Street to Harrison Avenue and Irving Place, together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Borough Clerk, as finally approved by the governing body of the Borough. 

               (b) The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $135,000, as stated in Section 2 hereof.

               (c) The estimated cost of the improvements or purposes described in Section 3(a) hereof is $300,000, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $300,000 over the estimated maximum amount of the bond or notes to be issued therefor being the amount of funds expected to be received from the New Jersey Department of Transportation and the $15,000 down payment for said purposes.

     Section 4.      All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Borough, provided that no note shall mature later than one (1) year from its date.  All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

   Section 5.     The following additional matters are hereby determined, declared, recited and stated:

             (a) The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Borough may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

               (b) The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is fifteen (15) years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Municipal Clerk, and a complete executed duplicate

thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such Statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the $135,000 Bonds and notes provided in this bond ordinance and the obligations authorized herein will be within all debt limitations prescribed by that Law.

          (d) An aggregate amount not exceeding $50,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.

          (e) To the extent that moneys of the Borough are used to finance, on an interim basis, costs of said improvements or purposes, the Borough reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto. 

Section 6.      The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Municipal Clerk and is available there for public inspection.

Section 7.      Any grant or similar moneys from time to time received by the Borough for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.

Section 8.      The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and, unless paid from other sources, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount.

Section 9.      This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.

 

A motion to introduce the above titled Ordinance was offered by C/Carr and seconded by C/Robilotti.  Passed on the following roll call:

 

Offered by:                    C/Carr    

         

Seconded by:                 C/Robilotti

 

C/Soden suggests the Bond Ordinance be more specific and specify the work will be done on Hamilton Street only up to Harrison Avenue.

 

Mayor Reynolds asks a motion to amend Bond Ordinance No. 2006-18 to state work shall be performed on Irving Place and Hamilton Street ending at Harrison Avenue.

 

Motion to amend First Reading and Introduction on Bond Ordinance No. 2006-18 was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Roll Call:   Ayes:    C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti           

                 Nays:    None

              Abstain:   None

              Absent:    None

 

Julie Martin, Municipal Clerk states the Public Hearing and Adoption on Bond Ordinance No. 2006-18 is scheduled for the August 23, 2006 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN                                    First Reading & Introduction

ORDINANCE NO. 2006-19                         

  

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING AND SUPPLEMENTING TITLE 2, “GENERAL LEGISLATION,” OF THE CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY, IN ORDER TO AMEND THE BOROUGH’S HOUSING STANDARDS ORDINANCE

 

 

WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need to amend its Housing Standards Ordinance to provide for greater protection to those of its citizens renting housing accommodations within the Borough; 

 

 

I.                   Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.81, entitled “Housing Standards,” of the Code of the Borough of Englishtown, New Jersey is hereby amended and supplemented as follows:

 

§2.81.02.  Definitions.

 

EMERGENCYA situation where there is probable cause to believe that an issue of health or safety exists warranting immediate action.

 

§2.81.03. Rental Property Registration.

 

F.         Right of Entry

                        2.         The Chief of Police of the Borough of Englishtown is authorized, and may appoint police personnel to [provide assistants to the Department of Code Enforcement for the enforcement of] enforce the provisions of this section whenever the Director of Code Enforcement and/or his designee is unavailable to act, has failed to act, in the event there is an emergency, or if, in the opinion of the Chief of Police, it is necessary to act without waiting for the Department of Code Enforcement so to act. The Chief of Police of the Borough of Englishtown is also authorized to provide requested assistance from the Director of Code Enforcement for the enforcement of this Ordinance.

 

G.            Mandatory Inspections.

 

            1.            Within six months of the effective date of this Amendment, the Director of Code Enforcement and/or his designee shall have inspected every dwelling registered with the Borough of Englishtown in accordance with this Section 2.81.03, and take all necessary steps to enforce compliance with all appropriate housing codes.

 

2.                  Within thirty days of any registration after the date of this Amendment, the

Director of Code enforcement and/or his designee shall have inspected the dwelling registered with the Borough of Englishtown in accordance with this Section 2.81.03, and take all necessary steps to enforce compliance with all appropriate housing codes.

 

E.     H.      Follow-up Inspections.

 

            Every rental unit registered in accordance with Section 2.81.03 shall be re-inspected at least once a year by the Director of Code Enforcement and/or his designee.

 

II.        Be it further ordained that if any section, subsection, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the remaining portions of this ordinance.

 

III.       Be it further ordained that all ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency; and

 

IV.        Be it further ordained that this ordinance shall take effect immediately upon final passage and publication according to law.

V.            

A motion to introduce the above titled Ordinance was offered by C/Rucker and seconded by C/Robilotti.  Passed on the following roll call:

 

Offered by:                               C/Rucker

 

Seconded by:                           C/Robilotti

 

Stuart Moskovitz, Borough Attorney states regarding this Ordinance he received some feed back from Rick Hogan, Construction Official that he feels should be taken into consideration.  Attorney Moskovitz informs Mayor and Council of these issues.

 

Lengthy discussion regarding Housing Ordinance takes place between Mayor and Council and Attorney Moskovitz. 

 

Mayor Reynolds requests a motion to Table First Reading and Introduction on Ordinance No. 2006-19 until the August 23, 2006 Council Meeting so all the concerns addressed can be incorporated into the Ordinance.

 

Motion to table was offered by C/Rucker and seconded by C/Robilotti.  Passed on the following roll call:

                       

Roll Call:          Ayes:    C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                       Nays:    None

                    Abstain:   None

                     Absent:   None

 

////////// TABLED \\\\\\\\\\

 

Borough of Englishtown

Resolution No. 2006-118

 

Authorization of Purchases or Services Over $800

 

            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 was 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 Protective Clothing

                          Not to Exceed……………………………………… $2,679.50

 

Purchased From:                                             MES EXTON

108 Gordon Drive

Exton, PA  19341

 

            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 is approved for the purchase or order.

 

Offered By:                 C/Rucker

 

Seconded By:             C/Simon

 

C/Soden asks where the funds came from?

 

Laurie Finger, CFO states from the trust fund.

 

C/Carr asks is this to replace the equipment damaged at Hair Systems?

 

Laurie Finger responds I believe some of this is so whatever money we receive from Hair Systems will go back into his trust.

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                Nays:          None

Abstain:          None

             Absent:          None

 

Borough of Englishtown

Resolution No. 2006-119

 

Resolution Authorizing Refund Of Payment

Of Taxes Paid On Property

 

            Whereas, the Borough of Englishtown Tax Collector has reported receiving payment in the amount of $606.75 on property Block 6/ Lot 14, 25 Wilson Avenue, that has a zero assessment and no tax due;

 

            Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $606.75 to be refunded to Baker Residential; 485 Washington Avenue; Pleasantville, NY 10570, as they paid taxes on property in the Borough of Englishtown that has zero assessment and no taxes due; and

            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/Rucker

 

Seconded by:               C/Robilotti

 

C/Soden asks what is this for?

 

Laurie Finger responds this was the mother lot before the subdivision, they should not have been taxed on it, and they paid taxes.

 

Roll Call:    Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:          None

               Abstain:         None

              Absent:           None

 

Borough of Englishtown

Resolution No. 2006-120

 

Authorization of Purchases or Services Over $800

 

            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:

                                    Emergency repair to primary well pump

                                    Not to Exceed………………..$5,726.00

Purchased From:

                        A.C. Schultes, Inc.

                                    664 South Evergreen Ave.

                                    Woodbury, NJ  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/Rucker

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:             C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                Nays:            None

Abstain:             None

             Absent:             None

           

Borough of Englishtown

Resolution No. 2006-121

 

2005 Audit of the Borough of Englishtown,

Division of Local Government

 

            Whereas, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

 

            Whereas, the annual report of audit for the year 2005 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body, and

 

            Whereas, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27bb-34, and

 

            Whereas, the Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled:

 

General Comments

Recommendations

And

 

            Whereas, the members of the Governing Body have personally reviewed as a minimum the annual report of audit, and specifically the sections of the annual audit entitled:

General Comments

Recommendations

 

            As evidenced by the group affidavit form of the Governing Body, and

 

            Whereas, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

 

            Whereas, all members of the Governing Body have received and have familiarized with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

 

            Whereas, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27bb-52 – to wit: 

            R.S. 52:27bb-52 – “A local Officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”                              

         

            Now, Therefore, Be It Resolved, that the Governing Body of the Borough of Englishtown, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance.

 

Offered By:                  C/Robilotti                              

 

Seconded By:               C/Rucker

 

C/Carr asks when Gene Farrell, Borough Auditor will be coming to discuss the Audit?

 

Mayor Reynolds responds at the next meeting.

 

Roll Call:    Ayes:     C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:    None

               Absent:    None

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-122

 

Temporary Capital Budget

 

Whereas, the Borough Council of the Borough of Englishtown desires to establish a 2006 Temporary Capital Budget of said municipality by inserting or correcting therein:

 

Reconstruction of Hamilton Street and Irving Place

 

Now Therefore Be It Resolved, by the Borough Council of the Borough of Englishtown as follows:

 

SECTION 1.   The 2006 Temporary Capital Budget of the Borough of Englishtown is hereby established by the adoption of a schedule to read as follows:

 

Temporary Capital Budget of the

Borough of Englishtown

County of Monmouth, New Jersey

 

Projects Scheduled for 2006

Reconstruction of Hamilton Street and Irving Place

 

Method of Financing

 

Project                       Estimated                            Capital               Grants In Aid              General

No.                            Total Cost                         Impr. Fund           and Other Funds           Bond

01                 300,000.00                       15,000.00               150,000.00             135,000.00

 

SECTION 2.   The Clerk is authorized and directed to file a certified copy of this resolution with the Borough Chief Financial Officer, Borough Auditor and two (2) certified copies to the Director, Division of Local Government Services, Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for the 2006 Temporary Capital Budget, to be included in the 2006

Permanent Capital Budget as adopted.

 

Offered By:            C/Rucker

 

Seconded By:         C/Robilotti

 

Roll Call: Ayes:        C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

               Nays:        None

             Abstain:      None

              Absent:      None

 

Borough of Englishtown

Resolution No. 2006-123

 

Resolution Authorizing the Execution of A

Developer’s Agreement for Quick Chek Food Stores, Inc.

 

            Whereas, on November 23, 2005, Quick Chek Food Stores, Inc., received preliminary and final approval from the Unified Planning/Zoning Board of Adjustment of the Borough of Englishtown (“Planning Board”) for and in connection with a major site plan in Block 6, Lots 1-6 and 13.01, along Wilson Avenue, located at the intersection of Wilson Avenue and North Main Street; and,

 

            Whereas, in accordance with its Planning Board approval, the Developer is required to perform certain obligations encompassed within a Developer’s Agreement with the Borough of Englishtown;

 

            Now, Therefore, Be It Resolved by the Mayor and Borough Council of the Borough of Englishtown that the Mayor is hereby authorized to execute and the Borough Clerk to attest the Developer’s Agreement between the Borough of Englishtown and the Developer in accordance with the approval granted by the Planning Board.

 

            Be It Further Resolved that a certified copy of this Resolution be provided by the Borough Clerk to each of the following:  Chief Financial Officer, Borough Engineer, Borough Attorney, Planning Board, Borough Construction Official and the Developer.

 

Offered by:                  C/Rucker

 

Seconded by:               C/Robilotti

 

C/Simon asks with this project there was supposed to be a traffic light placed at the corner, is this still taking place?

 

Tom Herits, Borough Engineer responds.  (response inaudible)

 

Stuart Moskovitz, Borough Attorney states in addition to the developers’ agreement they also went before the Monmouth County Planning Board for approval and one of the requirements in that approval is that light.  We cannot issue a C.O. without them complying with that approval as well as our own approval.

 

Roll call:    Ayes:     C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                 Nays:    None

              Abstain:   None

              Absent:    None

 

Borough of Englishtown

Resolution No. 2006-124

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2006 Budget and no adequate provision has been made in the 2006 temporary budget for the aforesaid purposes, and;

 

Whereas, N.J.S.A. 40A:4-2 provides for the creation of an emergency temporary appropriation for said purpose; and,

 

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2006 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this Resolution total $1,014,781.00;

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:.

 

Offered By:                  C/Rucker                    

                                               

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:       C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

               Nays:       None

             Abstain:      None

              Absent:      None

 

Borough of Englishtown

Resolution No. 2006-125

 

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 $577,644.29 be and

                   the same are hereby authorized to be paid on August 9, 2006.

 

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/Rucker

 

Seconded by:               C/Simon

 

C/Carr questions page 7 on the bill list, payment to Concrete Masters for repairs.

 

Julie Martin, Municipal Clerk and Tom Herits respond to C/Carr’s question.

 

 Roll Call:  Ayes:         C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:       None

              Abstain:        None

               Absent:        None

 

Borough of Englishtown

Resolution No. 2006-126

 

Authorization of Purchases or Services Over $800

 

            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:

 

            LOSAP Obligation

                                    Not to exceed………………..$4,200.00

 

Purchased From:

                                    Lincoln Financial Advisors          

                                    395 W. Passaic St.

                                    4th Floor

                                    Rochelle Park, NJ  07662-3016

                                   

            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/Simon

 

Laurie Finger, CFO clarifies this is for our 2005 obligation.

 

C/Carr asks where this money goes?

 

C/Soden responds this is our portion for the LOSAP program which is like a retirement fund, a benefit they will receive when they retire from the first aid squad. 

 

C/Carr asks is this different from what they were requesting at the last meeting?

 

C/Soden responds yes this was set up two years ago.

 

Roll Call:   Ayes:     C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                 Nays:    None

              Abstain:   None

               Absent:   None

 

Borough of Englishtown

Resolution No. 2006-127

 

Authorizing the Mayor to Sign the State of New Jersey

Department of Environmental Protection Sanitary Sewer Approval

Jewel Ridge Estates

Preliminary Major Subdivision

Block 26, Lot 8.01,

South Main Street, Borough of Englishtown

 

            Whereas, Jewel Ridge Estates is required to file an application to the NJDEP for the extension of the sewer mains to serve the proposed project, and the application and associated paperwork have been reviewed and approved by the Borough Engineer, Thomas J. Herits PE PP PLS; and

 

            Now, Therefore Be It Resolved, by the Governing Body, Borough of Englishtown, County of Monmouth, State of New Jersey that the Mayor is hereby authorized to sign the application.

 

            Be It Further Resolved That, a Certified Copy of the Resolution shall be provided by the Clerk to the Borough Engineer and Borough Water Superintendent.

 

Offered By:                  C/Rucker        

 

Seconded By:               C/Robilotti

 

C/Soden asks that is six units correct.

 

Tom Herits responds correct.

 

Roll Call:    Ayes:            C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:            None

              Abstain:            None

               Absent:            None

                                     

 Borough of Englishtown

Resolution No. 2006-128

 

RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT

AGREEMENT WITH HAIR SYSTEMS, INC.

 

WHEREAS, on or about October 5, 2005, the Borough of Englishtown issued a Notice of Violation for violations of the Uniform Fire Safety Act for responsibility for the costs of suppression of a fire occurring at HSI’s facility on October 5, 2005, pursuant to N.J.A.C. 5:70-2.13(a), and HSI appealed that Notice to the Construction Board of Appeals, Appeal No. 05-22;

 

WHEREAS, as part of that Compensatory Penalty, Englishtown demanded payment of suppression costs incurred by the Manalapan Fire Department and the Englishtown Fire Department pursuant to N.J.S.A. 52:27D-210.b.(3) and N.J.A.C. 5:70-2.13(b), as they were among the fire departments involved in suppression of the fire;

 

WHEREAS, as part of the Compensatory Penalty, Englishtown took into account these suppression costs as costs of equipment and material incurred by the above mention fire districts involved in suppressing the fire, under applicable law;

 

WHEREAS,. Englishtown filed a Notice of Penalty action in the Municipal Court captioned SC-2006-00766, and HSI denied the allegations;

 

NOW THEREFORE BE IT RESOLVED that the Mayor of the Borough of Englishtown is authorized it execute an agreement with Hair Systems, Inc., providing for the reimbursement of $65,000, which funds will be utilized to reimburse the Manalapan Fire Department and the Englishtown Fire Departments for the costs of suppressing a fire at the location of Hair Systems, Inc., while said enterprise was in violation of applicable fire codes. Said agreement will also provide for the withdrawal of the Municipal Court matter captioned SC-2006-00766.

 

BE IT FURTHER RESOLVED that this approval is conditioned on the stipulation that all legal costs incurred by the Borough in connection with the resolution of this matter will be paid for from this $65,000.00.

 

BE IT FURTHER RESOLVED that the Borough Clerk forward a certified true copy of this resolution to the Borough Administrator, the Borough Attorney, the Borough Fire Chief, the Municipal Court Clerk, and the Construction Code Officer.

 

Offered by:                   C/Simon

 

Seconded by:               C/Carr

 

C/Carr asks this doesn’t preclude anything in the future if they screw up again does it?

 

Borough Attorney responds.

Stuart Moskovitz states we reached an agreement with Hair Systems; they are going to be paying us $65,000 that will cover the expenses of our Fire Dept. and the Manalapan Fire Dept.  It does not cover the Jamesburg Fire Dept.  That they are taking care of separately.  The money is going to go into a fund, which will be specifically not only to take care of the expenses of these fires, but if there is more equipment needed.  Basically all of which will be going directly to the Fire dept.

 

C/Carr tells Mayor and Council of her hospital visit due to the chemical fire.  The only place you can go to get your blood tested to see what levels of these chemicals that are in your body, is in Chicago.  My recommendations is we bring in some type of testing system, especially for the fire department who are repeatedly going into those fires and being exposed to these burning chemicals, to Englishtown or at least Centrastate Hospital or local lab.

 

Roll Call:  Ayes:      C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                Nays:     None

             Abstain:    None

             Absent:     None

 

Borough of Englishtown

Resolution No. 2006-129

 

Resolution Authorizing the Borough Attorney to Prepare an Ordinance

For the Third Round COAH Obligation

 

            Whereas, the Borough of Englishtown hereby authorizes the Borough Attorney to prepare an ordinance for the Third Round COAH obligation allowing the Borough to have the developer provide the unit obligation or charge the developer for the cost of a unit in lieu of providing one.

 

            Now, Therefore Be It Resolved that the Borough Attorney is hereby authorized to prepare such ordinance for Introduction at the August 23, 2006 Meeting of the Borough Council.

 

            Be It Further Resolved, that a certified copy of this Resolution be forwarded to the Borough Attorney, Borough Administrator and the Borough Engineer.

 

Offered by:                   C/Carr

 

Seconded by:               C/Simon

 

Roll Call:        Ayes:       C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                      Nays:       None

                   Abstain:       None

                    Absent:      None

 

Borough of Englishtown

Resolution No 2006-130

 

Resolution Accepting CY 2006 Municipal Property Tax Relief Action

Extraordinary Aid in the Amount of $25,000.00

 

            Whereas, the Borough of Englishtown received notification of award in the amount of $25,000.00 under the CY 2006 Municipal Property Tax Relief Action Extraordinary Aid from the State of New Jersey, Department of Community Affairs on July 31, 2006; and

           

            Whereas, the Borough of Englishtown feels it is in the best interest of the residents of the Borough to accept such aid to minimize the 2006 tax rate increase; and

 

            Whereas, the Borough of Englishtown has anticipated $30,000.00 of Water operating surplus in the 2006 Budget, it is the consensus that any future Water operating surplus monies be used within the Water Department to pay off any outstanding Debt.

 

            Now, Therefore Be It Resolved, by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby accepts the CY 2006 Municipal Property Tax Relief Action Extraordinary Aid in the amount of $25,000.00.

 

Offered by:                   C/Carr

 

Seconded by:               C/Simon

 

Roll Call:           Ayes:  C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                        Nays:   None

                     Abstain:  None

                      Absent:  None

 

Tax Collectors Report                      Month of July, 2006

 

                                                Taxes, 2007                535,615.70

                                                Taxes, 2006                         73.55

                                                Interest on Taxes                  503.32

 

                                                Total                            536,192.57

 

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.

 

Joyce Stipple, Irving Street asks question regarding construction on Hamilton/Irving and are curbs and sidewalks being done?

 

Mayor Reynolds responds that we will be reconstructing curbs and sidewalks on Harrison Ave, all of Hamilton St., everything on Irving Place to Tennent.  Harrison is end of construction.  In addition, Irving Place that dead ends at Fords, other part of Hamilton that dead ends at stop sign will be done.

 

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

        

Seconded By:               C/Rucker     

 

Roll Call:   Ayes:           C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robiletti

                   Nays:         None

                Absent:         None

               Abstain:         None

 

The time being 8:56  P.M. 

 

There being no further business in Executive Session, a motion to return to open session was offered by C/Rucker, seconded by C/Simon. Passed unanimously.

 

The time being 9:24  P.M.

 

Adjournment

 

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

 

The time being 9:26 P.M.

 

 November 20, 2006           

Approved by Governing Body