**AGENDA**

 

July 12, 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 – April 26, 2006

 

5.         Committee Reports

 

6.         Correspondence

 

7.         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.

 

8.                  Old Business:

 

A.     Ordinance No. 2006-17 – Public Hearing & Adoption

Ordinance Adding Chapter 1.28 of the Code of the Borough of

Englishtown Entitled, “Personnel Background Checks”

 

            9.         New Business

 

B.     Resolution No. 2006-113

Refund 2005 Property Tax Overpayment of $6,067.50

Block 12, Lot 12, 17 Harrison Ave

 

C.     Resolution No. 2006-114

Authorizing Purchases Over $800.00

Police Department - Ammunition

 

D.     Resolution No. 2006-115

Change Order No. 2 – Curb and Sidewalk Reconstruction

Water Street

 

E.      Resolution No. 2006-116

Authorizing Payment of Borough Bills

 

            10.       Tax Collector’s Reports – May 2006 & June 2006

 

11.       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.

 

12.       Executive Session

 

13.              Adjournment

 

Council President Harry Soden called the meeting to order at 7:30 P.M.

 

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

                 Absent:            C/Robilotti * (arrives at 7:32)

 

Also present were Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, Borough Attorney.

 

C/Soden 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.

 

C/Robilotti arrives at 7:32 P.M.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of April 26, 2006 was offered by C/Rucker and seconded by C/Simon. 

 

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

 

C/Carr questions page 6 it states that Mayor Reynolds spoke to Gene Farrell and he was going to give us a presentation.  Has that been followed up on?

Julie Martin, Municipal Clerk states what usually happens is we do a resolution accepting the audit and Gene Farrell usually attends that meeting, so likely he will be at the next meeting.

 

C/Carr states ok because it’s about an overview of the water department.

C/Carr continues on page 7 it states that Julie stated to me that in February there was a public hearing on the budget.  Reviewing my documentation, that was March 22nd.

 

Julie Martin states I think I said the budget was introduced in February.

 

C/Carr states no it was March 22nd.  I went through the minutes and the introduction was on March 22nd according to the minutes.

 

Julie Martin states the budget was introduced I believe in February

 

C/Palmieri states the public meeting was in February.

 

Julie Martin states I will look into that.

 

C/Soden states we will table the minutes until the July 26th meeting so we can get our information together.

 

Committee Reports

 

C/Rucker

·        Quote received in the amount of $643.00 from B&E Locksmith for push button entry doors in offices.

·        Lasatta Avenue striping quote from Traffic Lines Inc. in the amount of $2019.00 and if funds are available would like to proceed with both these projects.

 

C/Soden requests consensus of council to proceed with above projects.

Ayes: C/Rucker, C/Palmieri, C/Robilotti, C/Simon

Nays: C/Carr

 

C/Palmieri

·    Commendation to Laurie Finger for getting books and records ready for audit.

 

C/Robilotti

 

C/Soden

 

C/Carr

 

C/Simon

·      Police Activity Report from 6/25 – 7/9 there were 365 total calls, 110 motor vehicle stops and 201 routine calls for service.

·      Total Court income through July 11th -$77,599.07

 

Correspondence

 

Julie Martin, Municipal Clerk reports:

 

·        Reminder that all dogs and cats within the Borough must be licensed before months end to avoid summonses.

 

Public Portion – Agenda Items

 

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/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Old Business

 

ORDINANCE NO. 2006-17                             Public Hearing & Adoption

 

ORDINANCE ADDING CHAPTER 1.28 OF THE CODE OF THE BOROUGH 

OF ENGLISHTOWN ENTITLED, “PERSONNEL BACKGROUND CHECKS” 

 

Wheareas, the Borough of Englishtown recognizes the value of exercising care in the engaging of new employees within the Borough;

 

Whereas, the Borough of Englishtown has recognized that it either provides, sponsors, cosponsors, or facilitates, programs involving supervision of the Youth of Englishtown and other Youth who might come into the community to participate in its services;

 

Whereas, the Borough of Englishtown wants to ensure that the Borough is providing and encouraging the safest possible recreational and other programs for its youth;

 

Whereas, N.J.S.A. 15A:3A-1, et seq., entitled “Youth Serving Organization Employees or Volunteers” permits the Borough to request that the Attorney General’s Office conduct a criminal history record background check on each prospective and current volunteer participating in any Borough endorsed or sponsored programs which provide recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age;

 

Whereas, the Borough recognizes that the foregoing goals are fulfilled best by requiring that all such current and prospective volunteers involved with such youth programs be required to submit to such criminal history record background checks;

 

Whereas, the Borough desires that all youth programs using Borough facilities and/or which are funded in whole or in part by the Borough, and/or which are sponsored by the Borough, be required to perform criminal background checks on volunteers as a condition of using the Borough facilities; and

 

Whereas, the Borough has determined that such a requirement is in furtherance of the health, safety, and welfare of its residents and is consistent with N.J.S.A. 15A:3A-1, et seq.,

 

I.          Now therefore: be it ordained by the borough council of the borough of englishtown, county of monmouth, new jersey that a new chapter, Chapter 1.28, entitled “Personnel Background Checks” of the Municipal Code of the Borough of Englishtown is created, establishing the requirement of a criminal history background check for any employee hired by the Borough subsequent to the date of enactment of this ordinance, and for any employee or volunteer of a Borough Youth Program that is sponsored or cosponsored by the Borough, who has unsupervised direct access to minors, in accordance with the provisions set forth hereinbelow.

 

§1.28.01. Definitions.

 

For purposes of this Chapter, the following terms shall have the meanings indicated:           

 

Borough Youth Program– means any program offering recreational, cultural, charitable, social and/or other activities or services for persons younger than eighteen (18) years of age, including but not limited to sports leagues, that are funded and/or administered, in whole or in part, by the Borough of Englishtown or anyone serving as an employee or volunteer of a Nonprofit Youth Serving Organization utilizing Borough facilities.

 

Criminal History Background Check– means a review and determination as to whether a person has any prior criminal record by cross-referencing that person’s name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.

 

Employee– means an individual eighteen years of age or older who receives wages from the Borough for work performed, regardless of the nature of his employment, and an individual receiving compensation of any nature from the Borough or a private entity, or from a nonprofit entity, monetary or otherwise, which compensation results from his or her involvement with or employment in connection with a Borough Youth Program as defined below.

 

Nonprofit Youth Serving Organization - means an organization defined in N.J.S.A. 15A:3A-1, as a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of New Jersey Statutes, or other law of this State, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from federal income taxes.

 

Qualified Participant - means an Employee or Volunteer who has completed a Criminal History Background Check revealing no disqualifying convictions.

 

Review Committee– means a committee consisting of the Borough Administrator, Mayor or his designee and the Police Chief. It shall be charged with the review of all appeals filed by any employee or volunteer who is disqualified from service in a program resulting from a Criminal History Background Check.

 

Unsupervised Direct Access to Minors– means the ability to have interaction with a person or persons who are younger than eighteen (18) years of age without the constant observation of the parent(s) or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a supervising Qualified Participant.

 

Volunteer– means any individual eighteen years of age or older who does not receive compensation from the Borough, from a private entity or from a nonprofit entity, monetary or otherwise, which compensation results from his or her involvement with or employment by a Nonprofit Youth Service Organization or Borough Youth Program, but who still involves himself or herself with such program and provides his or her services without such compensation.

 

§1.28.02 Newly Hired Borough Employees

 

A.        All Borough Employees first hired after the effective date of this Ordinance shall be required to undergo a Criminal History Background Check.

 

B.         No prospective Borough Employee will be permitted to commence service prior to the completion of the Criminal History Background Check process, except as set forth in Subsection C below.

 

C.        An Employee required by this Ordinance to undergo a Criminal History Background Check who refuses to consent to this procedure shall not be hired regardless of the emergent need of the Borough to fill the position.

 

D.        The Borough Administrator will establish procedures to obtain necessary information for the Criminal History Background Check for prospective Borough Employees, including arranging for the prospective Employee to have his fingerprints taken by the Borough Police Department.

 

§1.28.03. Request for Criminal Background Checks; Costs.

 

A.        The Borough requires that all Nonprofit Youth Serving Organizations involved in Cosponsored Programs or Borough Youth Programs, request through the Borough Clerk that the State Bureau of Identification in the Division of State Police conduct a Criminal History Background Check on each prospective and current Employee and/or Volunteer of the organization who will have Unsupervised Direct Access to Minors.

 

B.         No prospective Employee or Volunteer who will have Unsupervised Direct Access to Minors will be permitted to commence service prior to the completion of the Criminal History Background Check process, except as set forth in Subsection C below.

 

C.        A prospective Employee or Volunteer who has requested the necessary Criminal History Background Check as required and who has been fingerprinted, may commence services under the direct supervision of a Qualified Participant pending the results of the Criminal History Background Check.

 

D.        An Employee or Volunteer required by this Ordinance to undergo a Criminal History Background Check who refuses to consent to this procedure shall not participate in any Nonprofit Youth Serving Organization or Borough Youth Program.

 

E.         The Borough shall advise the Nonprofit Youth Serving Organization in which the Employee or Volunteer is involved of the costs and manner of payment for the Criminal History Background Checks. The Nonprofit Youth Serving Organization shall pay for this Criminal History Background Check directly. In the case of a Borough Youth Program other than a Nonprofit Youth Serving Organization the Borough will make the direct payment, charged to the Budget of the Borough Youth Program. All such costs shall be as set forth in N.J.S.A. 15A:3A-2d, which requires the Attorney General to determine the actual costs for the procedure.

 

F.         The Borough Administrator, in conjunction with Borough officials involved with the Borough Recreation Program, shall set forth policies and procedures to implement this Ordinance, which policies and procedures shall not be inconsistent with the terms of this Ordinance.

 

§1.28.04. Submission of information for Criminal History Background Checks.

 

A.        Any Nonprofit Youth Serving Organization or Borough Youth Program seeking to employ or engage an Employee or Volunteer required to undergo a Criminal History Background Check pursuant to this Chapter shall submit a list of such Employees and Volunteers currently serving the organization and a list of all prospective Employees and Volunteers to the Borough Administrator.

 

B.         All Employees and Volunteers included on the aforementioned lists shall submit their name, address, date of birth, written consent and any other data deemed necessary by the Englishtown Police Chief to the Borough Administrator. Fingerprints will be taken by the Englishtown Police Department at a time designated by the Englishtown Police Department subsequent to submission of the aforementioned information. The Englishtown Police Chief shall coordinate the Criminal History Background Check.

 

C.        The Englishtown Police Chief is hereby authorized to exchange fingerprints and all other pertinent record information submitted by the Employee or Volunteer with, and to receive criminal history record information from, the Federal Bureau of Investigation, Identification Section, and the Division of State Police, Bureau of Identification, and such other law enforcement agencies and jurisdictions as may be necessary for the purposes of this Section.

 

D.        The Borough Administrator shall act as a clearinghouse for the collection and dissemination of non-confidential information obtained as a result of conducting Criminal History Background Checks pursuant to this Section, while the Englishtown Police Chief will maintain all confidential information.

 

§1.28.05. Exemption from Criminal History Background Checks.

 

Any person who through prior compliance with this Ordinance subsequent to its enactment, or who by virtue of his or her occupation was required by statute or otherwise to undergo a Federal and State criminal history background check that is as comprehensive as the check required herein, is exempt from the requirements of this Ordinance unless four (4) years have elapsed from the date of the most recent background check. The individual must provide proofs of the date and results from the background check to the Englishtown Police Chief to be exempt from the requirements of this Ordinance.

 

§1.28.06. Continuing Obligation.

 

Notwithstanding prior compliance with this Ordinance, no individual shall be permitted to continue as an Employee or Volunteer in any capacity where the individual may have Unsupervised Direct Access to Minors unless the latest Criminal History Background Check on file with the Borough was performed with the prior four (4) year period. This requirement will not apply to Borough Employees not involved with Nonprofit Youth Service Organizations or Borough Youth Programs.

 

§1.28.07. Disqualification from service.

 

A.        A person shall be disqualified from serving as an Employee or Volunteer as defined in this chapter in any capacity regardless of whether the individual may have Unsupervised Direct Access to Minors if that person’s Criminal History Background Check reveals a record of conviction of any crime or disorderly offense:

    1.            Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1, et seq. (criminal homicide), N.J.S.A. 2C:12-1, et seq. (assault; reckless endangering; threats), N.J.S.A. 2C:13-1, et seq. (kidnapping and related offenses), N.J.S.A. 2C 14-1 et seq., (sexual offenses), or N.J.S.A. 2C:15-1, et seq. (robbery); or

 

2.     Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1, et seq., or

 

3.     Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes, or

 

4.     Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except for N.J.S.A. 2C:35-10(a)(4) (minimal amounts of marijuana or hashish).

 

B.         In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person’s offenses described in §1.28.07.A.

 

C.        In the event a charge is pending against a person, that person shall be temporarily disqualified from service pending the resolution of that charge. If such charge results in a conviction of a crime or disorderly person’s offense described in §128.07.A that would disqualify the person from service, such person shall be deemed disqualified as of the date of conviction.

 

D.        If a pending charge is for an offense that would serve to disqualify the person from service upon conviction, the person shall report the pending charge on the earliest of his submission to the Criminal History Background Check or the date he learns of the charge. The individual shall also report the disposition of the charge immediately upon receiving notice of said disposition. 

 

E.         In the event the State Police Report indicates there may have been an offense by the potential Employee or Volunteer that the State Police have been unable to confirm or of which they are unable to obtain records, the potential Employee or Volunteer will not be disqualified, but will be required to appear before the Review Committee to present evidence regarding the alleged offense.

 

 

§1.28.08. Results; Determination of Disqualification.

 

If, following the completion of the Criminal History Background Check and receipt of the results from the New Jersey State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, a disqualifying conviction exists as set forth in this Ordinance, then the Englishtown Police Chief shall notify the Employee or Volunteer in writing via certified and regular mail of that person’s disqualification to serve. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the Employee or Volunteer is disqualified pursuant to this Section. The written notice shall also state that the individual may appeal the determination by filing a written notice of appeal in accordance with the requirements of Section §1.28.09 below. A copy of said notice will in all circumstances, including Nonprofit Youth Serving Organizations, be sent to the Borough Administrator.

 

The Englishtown Police Chief shall be authorized to conduct any additional investigation that in his discretion he deems appropriate to obtain accurate information.

 

§1.28.09. Disqualification Appeals Process.

 

A.            Grounds for Appeal. Any current or prospective Employee or Volunteer who is disqualified in accordance with this Ordinance may appeal that determination for good cause shown. Good cause shall include, but is not limited to the following:

 

1.     the background check produced inaccurate or incomplete information;

 

2.     the age of the individual at the time of the offense or crime or conviction;

 

3.     the nature and circumstances underlying the conviction indicate that the individual does not

        presently pose a threat;

 

4.     the conviction arose out of an isolated incident;

 

5.     the conviction(s) and underlying incident(s) are not relevant to the position sought;

 

6.     since the conviction, the individual has taken significant steps towards rehabilitation, including but

        not limited to counseling, treatment, schooling, vocational training, and successful completion of

        court-ordered program; and

 

7.     an individual with supervisory responsibilities over the appealing party gives a recommendation

        on his or her behalf.

 

B.         Notice of appeal. Any current or prospective Employee or Volunteer may file an appeal from an initial determination under this Ordinance by filing a written notice of appeal with the Borough Administrator within ten (10) days of his or her receipt of the written notice of disqualification from the Englishtown Police Chief.

 

C.        Notice of Hearing. Within seven (7) days of the filing of a written notice of appeal, the Review Committee shall send a written notice to the applicant via certified and regular mail providing a hearing date no later than twenty (20) days from the filing of the notice of appeal. The Review Committee’s letter shall inform the individual that he or she has the right to be represented by counsel and that he or she may call witnesses and present documentation on his or her behalf. The letter shall further explain that the individual shall, on or prior to the date of the hearing, provide the Review Committee with all documentation, including but not limited to police reports and court dispositions, relating to the subject conviction(s). The letter shall further state that the Review Committee’s decision may be rendered faster following the hearing if the individual provides said documentation prior to the hearing date.

 

D.        Hearing. The hearing before the Review Committee shall be closed to the general public. It shall be attended only by the members of the Review Committee, the Borough Attorney, the appealing individual, his or her attorney if so retained, and any witnesses who desire to speak on behalf of the appealing individual, which witnesses will be present only for the period of their own testimony. During the course of the hearing, the appealing individual shall be given the opportunity to read a prepared statement, to speak freely, and/or to present witnesses and/or documentation on his or her behalf.

 

E.         Determination. Immediately following the hearing, or at a time no later than three days following the hearing, the Review Committee and Borough Attorney shall meet to discuss the appeal. Factors including but not limited to the following shall be considered as appropriate:

 

1. the age of the individual at the time of the offense and conviction;

 

2. the nature and seriousness of the offense;

 

3. the harm to individuals and/or society arising out of the incident(s) underlying the conviction(s);

 

4. the date of the conviction;

 

5. whether the individual demonstrates that he or she has been rehabilitated;

 

6. the input of others with supervisory roles over the appealing individual;

 

7. the candor of the appealing individual;

 

8. whether the offense was an isolated incident or part of a pattern of behavior;

 

9. whether the individual is suited for Unsupervised Direct Access to Minors.

 

§1.28.10. Disqualification from Service.

 

A.        Except where the disqualification is of an Employee is a prospective employee not intended to be engaged by a Nonprofit Youth Serving Organization or Borough Youth Program, when the individual is notified of his disqualification and does not appeal in accordance with the requirements of §1.28.09, the Borough Administrator shall send a copy of the notification of disqualification via regular mail with a courtesy copy sent via regular mail to the head administrator of the Nonprofit Youth Serving Organization or Borough Youth Program in which the Employee or Volunteer serves or wishes to serve, of that person’s disqualification to serve with that organization in any capacity where that person may have Unsupervised Direct Access to Minors. If the disqualification is of an Employee who is a prospective employee not intended to be engaged by a Nonprofit Youth Serving Organization or Borough Youth Program, a copy of the notification shall be sent to the Mayor and Council.

 

B.         In the event of a duly filed appeal in accordance with §1.28.09 that results in a reversal of the Determination, no further notice will be sent to anyone other than the individual. It shall be the responsibility of the individual to provide notice to the Nonprofit Youth Serving Organization or Borough Youth Program of his qualification.

 

C.        In the event the appeal does not result in a reversal, then, within five (5) days of the decision by the Review Committee, the Borough Administrator shall notify the individual of the decision and shall send a copy of the notification of disqualification via regular mail with a courtesy copy sent via regular mail to the head administrator of the Nonprofit Youth Serving Organization or Borough Youth Program in which the Employee or Volunteer serves or wishes to serve, of that person’s disqualification to serve with that organization in any capacity where that person may have Unsupervised Direct Access to Minors.

 

§1.28.11. Limitations on Access and Use of Criminal History Background Check Information.

 

A.        The Englishtown Police Chief and other police personnel shall limit their use of the Criminal History Background Check information obtained as a result of the requested search to the making of the determination pursuant to §1.28.08.

 

B.         Should an appeal follow, the Englishtown Police Chief is authorized to provide the results of the search to the Review Committee. The Review Committee shall limit its use of the information to the appeal process pursuant to §1.28.09. Following the appeal process, the subject records shall be returned to the Englishtown Police Department where they shall be sealed, dated and destroyed one year after sealing, unless the Englishtown Police Department is advised of judicial action involving the information and/or determinations made under this Ordinance. If no appeal follows the Englishtown Police Chief’s determination, then the records shall remain with the Englishtown Police Department where they shall be sealed, dated and destroyed one year after sealing, unless the Englishtown Police Department is advised of judicial action involving the information and/or determinations made under this Ordinance.

 

C.        Information obtained as a result of the search shall not be disseminated to any other individual or entity    in any form, except as necessary for litigation resulting from the determinations made pursuant to this Ordinance. Any person violating Federal or State regulations governing the access to criminal history record information may be subject to criminal and/or civil penalties.

 

§1.28.12. Compliance; Penalties.

 

The Nonprofit Youth Serving Organization or Borough Youth Program, as applicable, shall be required to monitor compliance with the requirements of this Ordinance, as it relates to the submission of its Employees and Volunteers to a Criminal History Background Check. The Nonprofit Youth Serving Organization or Englishtown Youth Program, as applicable, shall not permit any of its Employees or Volunteers to have Unsupervised Direct Access to Minors until such Employees and/or Volunteers have first been cleared by the Englishtown Police Chief or Review Committee, as applicable.  Failure to comply with this Ordinance may result in the Borough of Englishtown withholding funding, land, equipment or other services for the Nonprofit Youth Serving Organization or Englishtown Youth Program, or any of their activities. A violation of this Ordinance by any Nonprofit Youth Serving Organization leasing land from the Borough shall be deemed a violation of law establishing a breach of that lease by the organization.

 

II.        BE IT FURTHER ORDAINED THAT:

 

A.        All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.

 

B.         If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

 

 III.            EFFECTIVE DATE:

 

This Ordinance shall become effective January 1, 2007.

 

IV.             SEVERABILITY

If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this ordinance.

 

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

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

 

Adoption

 

A motion to adopt Ordinance No. 2006-17, above titled, was offered by C/Carr and seconded by C/Robilotti.  Passed on the following roll call:

 

Offered by:                   C/Carr

           

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

 

New Business

 

Borough of Englishtown

Resolution No. 2006-113

 

Resolution Authorizing Refund of Overpayment

Of Taxes Paid On Property

 

            Whereas, the Borough of Englishtown Tax Collector has reported an over-payment in 2005 taxes due to a State Tax Board judgment in the amount of $6,067.50 on property Block 12/Lot 12 that is in the Borough of Englishtown and 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 refund is hereby authorized in the amount of $6,067.50 to Verizon NJ; PO Box 152206; Irving, Texas; 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

 

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. 2006-114

 

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 for Council approval; and

 

            Whereas, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

                                                Ammunition

                                                Total cost:  $1,836.00

 

Purchased From:               Eagle Point Gun

                                                T J Morris & Son

                                                1707 Third Street

                                                Thorofare, NJ  08086

 

            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/Simon     

 

Seconded By:        C/Carr

 

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. 2006-115

 

Change Order No. 2

Curb and Sidewalk Reconstruction – Water Street

 

            Whereas, the Borough of Englishtown previously authorized (by Resolution No. 2005-090) Concrete Masters for the curb and sidewalk reconstruction of Water Street; and

 

            Whereas, the Borough of Englishtown previously authorized (by Resolution No. 2005-171) Change Order No. 1; and

 

            Whereas, the sidewalk and apron was damaged through no fault of the contractor, resulting in an additional charge for repairs of:

 $2,200.00

 

            Whereas, the amount of the service will be increased by the sum of Two Thousand, Two Hundred Dollars  ($2,200.00); and

 

            Whereas, the total including this Change Order will be One Hundred and Three Thousand, Eight Hundred and Sixty Four Dollars and Forty Cents ($103,864.40).

 

            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 Change Order No. 2.

 

            Be it Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Chief Financial Officer, the Borough Engineer and the Borough Administrator.

 

Offered by:                   C/Palmieri

                       

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. 2006-116

 

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 $149,716.43 be and

                   the same are hereby authorized to be paid on July 12, 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/Simon                

 

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

 

Tax Collector’s Report                        Month of May 2006

 

                                                2006 Taxes               654,328.31

                                                2005 Taxes                   1,938.93

                                                Property Redeemed            657.29

                                                Interest on Taxes                 822.59

                                                Total                            657,747.12

 

Month of June 2006

 

                                                2006 Taxes                 37,493.43

                                                2005 Taxes                   2,083.41

                                                Interest on Taxes                 543.44

                                                Total                              40,120.28

Public Portion

 

C/Soden 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/Simon and seconded by C/Palmieri.   Passed unanimously.

 

Executive Session

 

C/Soden 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 litigation; 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/Simon

 

Seconded By:       C/Robilotti

 

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

                   Nays:  None

                Absent:  None

               Abstain:  None

 

The time being 7:48 P.M.

 

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

 

The time being 8:55 P.M.

 

Borough of Englishtown

Resolution No. 2006-117

 

RESOLUTION AUTHORIZING REQUEST TO UNITED WATER

       TO SELL WATER TO THE BOROUGH OF ENGLISHTOWN

  TO SUPPLY A COURT MANDATED PROJECT INVOLVING

            COAH HOUSING ON LASATTA AVENUE     

 

Whereas, the Borough of Englishtown is required to arrange for the supply of water to a project being built in the vicinity of LaSatta Avenue, near the United Water main extension on LaSatta Avenue;

 

Whereas, neighboring municipalities are required to cooperate in the supply of utilities for COAH mandated projects such as this one;

 

Whereas, the project will be for 134 units to be built by Elon Associates LLC, a/k/a Stamford Square, which project will also have a clubhouse and a pool;

 

Whereasthe average daily water demand is expected to be .027 million gallons per day (mgd) and the peak water demand is expected to be .082 mgd;

 

Whereas, the main supplying the site will be installed in LaSatta Avenue at the existing emergency interconnection, proceeding easterly from the United Water connection to the site;

 

Whereas, no other connections will be made to the United Water main extension on LaSatta Avenue for this project;

 

Now Therefore Be It Resolved that the Borough will request the Township Committee of the Township of Manalapan to authorize United Water to enter into an agreement with the Borough of Englishtown to permit construction of a main connection as noted above, for the purposes of purchasing bulk water by the Borough from United Water to service the Stamford Square project, including the mandated COAH houses therein.

 

Be It Further Resolved that the Borough Clerk forward a certified true copy of this resolution to the Borough Administrator, the Borough Engineer, the Borough Attorney and the Borough Water Superintendent.

 

Offered by:                   C/Carr

 

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

 

Adjournment

 

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

 

The time being 8:58 P.M.

 

October 25, 2007                                

Approved by Governing Body