AGENDA

 

June 28, 2006

 

7:30 P.M.

 

Special 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 12, 2006

 

5.                  Committee Reports

 

6.            Correspondence

 

7.         Continuing Public Hearing Verizon, NJ Inc/Cable Communications System

 

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.                  New Business:

 

A.     Ordinance No. 2006-17 – First Reading and Introduction

Ordinance Adding Chapter 1.28 of the Code of the Borough of

Englishtown Entitled Personnel Background Checks

 

B.  Resolution No. 2006-105

Appointing Tax Assessor – Sharon Hartman to 4-year Term

 

C.  Resolution No. 2006-106

Authorizing Renewal of Alcoholic Beverage License For the Borough of Englishtown for 2006-2007 – People’s Restaurant/CER, Inc.

 

D.     Resolution No. 2006-107

Authorizing Purchases Over $800.00 – Stuart Appraisal

 

E.      Resolution No. 2006-108

Authorizing Emergency Temporary Appropriations

 

F.      Resolution No. 2006-109

Authorizing Payment of Borough Bills

 

G.     Resolution No. 2006-110

Authorizing Purchases Over $800 – Elite Tree Service

 

H.     Resolution No. 2006-111

Authorizing Purchases Over $800 – Brenner Drainage

 

10.       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.

 

11.       Adjournment

 

Mayor Reynolds called the meeting to order at 7:32 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, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, 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.

 

 

 

 

 

 

 

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of April 12, 2006 was offered by C/Soden and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent: None

                    Abstain:            C/Simon

 

Committee Reports

 

C/Rucker        

·      Nothing at this time.

 

C/Palmieri       

·      Laurie Finger, B.A. will hold monthly meetings with department heads.

                       

C/Robilotti       

·      Nothing at this time.   

 

C/Soden          

·      Resolution on agenda for a tree out back that is interfering with the signal on the water tower and needs to be cut down.

·        Resolution on agenda for a 1” line at 48 Main Street.

 

C/Carr               

 

Mayor Reynolds asks if there was a reason we were turned down for the Grant.

 

C/Carr responds there were a lot of applicants and it was on a rating scale of need.

 

 

 

C/Simon

 

Stuart Moskovitz, Borough Attorney states powder on a milling machine caught on fire.  The milling machine was damaged but there was no damage outside of that.  They don’t believe there was any airborne chemical problem and at this point no determination has been made as to whether the result was a violation of code. 

 

Discussion continues between Mayor and Council regarding the Hair Systems fire.

 

Correspondence

 

Julie Martin, Municipal Clerk reports:

 

·        Annual rabies clinic was held June 20th.  There was a total of 77 dogs/cats vaccinated of which 58 were Borough residents.  There was a total of 59 licenses issued.  All pets must be licensed by end of July to avoid summonses. 

·        It was brought to my attention that I left item #11 Executive Session out of the agenda tonight.

 

Continuing Public Hearing Verizon, N.J. Inc./Cable Communications Systems

 

Mayor Reynolds opened the Verizon Hearing to the public.

 

Borough Attorney, Stuart J. Moskovitz states he never received anything from Verizon amending their application.  It was my understanding they don’t intend to.  We told them at the last meeting what we needed and they chose not to give it to us.  The issue was the distinction between the Primary Service Area (P.S.A.) and Initial Service Area (I.S.A.).  You run the risk without that in writing that there will be people within the Borough who are going to be subject to a line extension policy.

 

Thomas Kelly, outside Council to Verizon, N.J. (name of law firm not clear on tape) and Mr. Columba, Franchise Mgr for Verizon, N.J. address the concerns of Stuart Moskovitz, Borough Attorney as well as further questions from Mayor and Council. 

 

Mr. Columba, Franchise Mgr. of Verizon will ask the company if they are willing to provide a written response regarding the P.S.A. and I.S.A.  Stuart Moskovitz, Borough Attorney states the written response must be as binding as if it were in the application.

 

All negotiations will be ceased until the July 12th Council Meeting at which time a vote will be taken.

 

A motion to close the Public Hearing is offered by C/Rucker and seconded by C/Palmieri.  Passed unanimously.

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

 

New Business

 

ORDINANCE NO. 2006-17                               First Reading & Introduction

 

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.,

 

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 Administtrator, 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 a 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.

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

 

Julie Martin, Municipal Clerk states the proposed adoption and public hearing will be held at the July 12, 2006 Council Meeting.

 

Borough of Englishtown

Resolution No. 2006-105

 

Appointment of Tax Assessor

 

            Whereas, there is a need to appoint a Borough Of Englishtown Tax Assessor; and,

 

            Whereas, it is the recommendation of the Finance, Personnel and Administration Committee that Sharon Hartman be appointed to said position;

 

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

 

1.      Sharon Hartman is hereby appointed Tax Assessor of the Borough of Englishtown.

 

2.      That said appointment is for the term of office pursuant to N.J.S.A. 40A9-148 for a four (4) year term expiring June 30, 2010.

 

3.      Said employee shall be paid an annual salary in accordance with the Borough Salary Ordinance, payable bi-weekly.

 

4.      That a certified true copy of this resolution will be supplied to Sharon Hartman and the Borough Chief Financial Officer.

 

Offered By:                  C/Soden         

 

Seconded By:               C/Simon

 

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. 2006-106

 

Authorizing Renewal of Alcoholic Beverage

License For The Borough Of Englishtown

For 2006-2007

 

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

 

1.      The application 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 license for the term of July 1, 2006 through June 30, 2007:

 

                       Licensee                                                            License Number

 

                        CER, Inc                                                       1312-33-002-005

                        People’s Restaurant

 

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

 

Borough of Englishtown

Resolution No. 2006-107

 

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:

Professional Appraisal Services

Work/Services performed for the

2005 Liberty Manor Tax Appeal

Full and Final settlement in the amount of $1,600.00

 

Services Rendered by:

Stuart Appraisal Company, Inc.

45 East Main Street

                                    Suite 207

                                    Freehold, NJ  07728

 

            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/Robilotti

 

Amendment made to Resolution 2006-107 offered by C/Carr and seconded by C/Simon.  Amendment as follows: Before anything proceeds over the $1600.00 it must come back to council for 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. 2006-108

 

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 $757,781.00.

 

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:

 

1,         Emergency temporary appropriations be and the same is hereby made in the amount of $344,836.00 as per attached sheets.

 

2,         Said emergency temporary appropriations will be provided for in the 2006 budget.

 

3,         That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

 

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. 2006-109

 

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 $140,327.08 be and

                   the same are hereby authorized to be paid on June 28, 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/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. 2006-110

 

Authorization of Purchases or Services Over $800.00

 

            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:

                                    Cutting down and removal of fallen tree located

                                    at the Water Plant

                                    $840.00

 

Services Rendered by:

 

                                    Elite Tree Service

                                    2 Red Fox Run

                                    Manalapan, NJ 07726

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the above request is approved for the purchase or order.

 

Offered by:                   C/Soden

 

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. 2006-111

 

Authorization of Purchases or Services Over $800.00

 

            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:

 

                                    Replacement of Existing 1” water service line at

                                                48 Main Street, Englishtown

                                                $7,945.00

 

Services Rendered by:                Brenner Drainage & Excavation, Inc.

                                                205 Dey Grove Road

                                                Monroe Township, NJ 08831

 

            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/Soden

 

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

 

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.

 

Kathleen Heath, Victory Drive

-       Requests ordinances be put in place regarding clothing collection dumpsters and idling cars.

-       What would the tax relief to residents be for possible shared services with Millstone?

 

Janet Leonardis, Weamaconk Drive

-       What portion of the municipal taxes now goes to the Police Department?

-       Article in newspaper regarding Freehold and how the ordinances are not helping the overcrowding and rentals.  How protected are we as far as our ordinances with renting and overcrowding?  Through town you see signs that say “For Rent”, does code enforcement check to see that these houses are registered to be rented?

 

There being no further questions or comments, a motion to close the public portion was offered by C/Rucker 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, personnel, litigation and contractual; 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/Simon

 

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

                   Nays: None

                Absent: None

               Abstain: None

 

The time being 8:25 P.M.

 

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

 

The time being 9:00 P.M.

 

Borough of Englishtown

Resolution No. 2006-112

 

Authorizing the Settlement of a Tax Appeal Verizon

 

            Whereas, Verizon has appealed the tax assessments for 2004, 2005 and 2006; and

 

            Whereas, the Borough of Englishtown is desirous of settling these appeals in a manner that minimizes legal expenses and the cost to the Borough of carrying the taxes paid to other agencies that won’t be collected due to reassessment; and

 

            Whereas, Verizon has agreed to a settlement that is consistent with these goals.

 

            Now, Therefore Be It Resolved, that the Borough of Englishtown authorizes Stuart J. Moskovitz, Borough Attorney to proceed to settle with Verizon in a matter that retains the tax assessment for 2004 at $600,000, readjusts the tax assessment of Verizon to $450,000 for the years 2005 and 2006 and sets the assessment of Verizon at $300,000 for the year 2007, and further authorizes the Borough Attorney and the Mayor to sign and execute any papers necessary in connection with this settlement.

 

            Be It Further Resolved that copies of this resolution be forwarded to the Borough Administrator, the Borough Clerk, the Borough Financial Officer, the Borough Engineer, the Borough Tax Assessor, the Borough Tax Collector and the Borough Attorney.

 

Offered by:                               C/Carr

 

Seconded by:                           C/Robilotti

 

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

                        Nays:               C/Soden

                    Abstain:                        None

                     Absent:             None

 

Adjournment

 

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

 

The time being 9:04 P.M.

 

 

 

____October 11, 2006______                                          

Approved by Governing Body                                         

 

 

                                               

The foregoing represents an accurate account of the events occurring during the meeting of June 28, 2006.