* A G E N D A *

 

February 8, 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, December 19, 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.         New Business:

 

A.    Ordinance No. 2006-02, First Reading and Introduction

Amending Annual Sewer Rates

 

B.     Resolution No. 2006-046

Appropriation Reserve Transfer

 

C.     Resolution No. 2006-047

Accepting Resignation of Deputy Court Administrator, Rhoda Overgard

           

D.    Resolution No. 2006-048

Appointment of Deputy Municipal Clerk/Deputy Registrar, Rhoda Overgard

 

E.     Resolution No. 2006-049

Authorizing Redemption of Tax Sale Certificate

 

F.  Resolution No. 2006-050

Authorizing Payment of Borough Bills

 

G.  Resolution No. 2006-051

Authorizing to Execute Amended DEP Sanitary Sewer Application

Elon Associates – LaSatta Ave.

 

9.         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.

 

10.       Executive Session

 

11.              Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:32 P.M.

 

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

                  Absent:      C/Rucker, C/Robilotti

 

Also present were Lynn Tillman, Deputy Municipal Clerk and Laurie Finger, Borough Administrator.

 

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 – December 19, 2006

 

There being no corrections, deletions or additions, a motion to approve the Minutes of December 19, 2006 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:   None

                     Absent:   C/Rucker, C/Robilotti

                    Abstain:   None

 

Committee Reports

 

C/Palmieri states nothing at this time.

 

C/Soden states nothing at this time.

 

C/Carr states I called Randy Gatesman from the grants place in Hightstown like you asked me to and he is available for the 22nd.  He just wanted to know if he could go in front of the agenda so he is not here long.

 

Mayor Reynolds states we will put him before the committee reports.

 

C/Carr continues I contacted the Centers and spoke to the person Jayne Gallagher had spoken to and he said he would be happy to come and meet with Tom Herits and myself and whoever else would like to.  The next EDC meeting is Saturday at 10:00 a.m.

 

C/Simon states for the period from 1/1/05 – 12/31/05 the Construction Dept has taken in $115,710.00.  Their expenses were $64,142.61.  The Court to date has taken in $22,044.19.

 

C/Soden states I don’t know who requested that report but it is very helpful.

 

Laurie Finger, Borough Administrator responds that is an annual U.C.C. report that has to be filed.

 

C/Soden states I’ve never seen one before this year.

 

Correspondence

 

Lynn Tillman states the Fire Department will hold its elections on Saturday, February 18th.  The polls are open from 2-9 p.m.  Lynn Tillman reads correspondence into record from the Englishtown Fire Dept. regarding a Bond Referendum not to exceed $175,000 for the purchase of a new Self Contained Breathing Apparatus’s.

 

Mayor Reynolds asks what is the cost per unit?  How many units are they requesting?

 

Peter Cooke Jr, member of Englishtown Fire District No. 1 responds 40 units.  These are needed because we are currently not in compliance.

 

Lynn Tillman continues as of the end of January there were 47 registered rentals in town.

 

C/Carr asks can we find out how many are getting inspected.

 

 

 

Public Portion – Agenda Items

 

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

 

Janet Leonardis asks for Resolution 2006-046 to be explained.

 

Mayor reads aloud Resolution 2006-046 and explains.

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

 

New Business

 

ORDINANCE NO. 2006-02                                     First Reading & Introduction

 

An Ordinance Amending An Ordinance Entitled

“An Ordinance Regulating the Use of the Sewer System

in the Borough of Englishtown, in the County of Monmouth

and State of New Jersey, Fixing the Rates to be Charged

Therefore, Establishing Rules and Regulations Concerning

The System Thereof, The use and Protection of said System and Penalties

for the Violations of Said Rules and Regulations”

 

            Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

 

Section I.  Section 2.106-12 of the Ordinance entitled as above is hereby amended to read as follows:

 

Section 2.106-12.  The annual sewer rates effective February 1, 2006 shall be as follows:

 

                                                Domestic

                                                Consumer                  Quarterly                   Annual

Types of Service                       Units                        Charges                      Charges

 

Single-Family Dwellings               1                            119.00                         476.00

 

Single-Family Dwellings

(with Garbage Disposal)               1-1/4                      148.75                         595.00

 

Apartments or Multifamily

                                   

Dwellings (Each Unit Charge)     1                             119.00                         476.00

 

 

Single-Family Dwellings

(With Business Use)                     2                            238.00                         952.00

 

Single-Family Dwelling

(With Medical or Dental

Office)                                                      2-1/2                      297.50                         1190.00

Service Station                              1                            119.00                         476.00

 

 

                                                Domestic

                                                Consumer                  Quarterly                   Annual

Types of Service                       Units                        Charges                      Charges

 

Service Station (With Car

Wash Facilities)                             2                            238.00                         952.00

 

Diner; Tavern; Restaurant

(For Each Seating Capacity

of 50 or Part Thereof)                   3                            357.00                         1428.00

 

Swim Club                                    6                            714.00                         2856.00

 

School (For Each 28

Students and Faculty Thereof)      1                           119.00                         476.00

 

Churches; Clubs; Non-

Profit Organizations                      1                            119.00                         476.00

 

Hospitals and Nursing

Homes (For Each 5 Patients

And Staff Facilities)                     1                            119.00                         476.00

 

Public Buildings                            1                            119.00                         476.00

 

Supermarkets (For Each

6 Employees)                                1                            119.00                         476.00

 

BUSINESS (COMMERCIAL)

 

For Each Commercial Unit

Utilized by a Separate Owner

Or Tenant or for First 4 Fixture

Units or Less                                 1                            119.00                         476.00

 

 

 

For Each 2 Additional

Fixture Units or Less

(Whichever of the Above

is Greater)                                     1                            119.00                         476.00

 

Industrial Plants (For

Each 5 Employees)                       1                            119.00                         476.00

 

Laundromat (For Each

3 Machines)                                   1                            119.00                         476.00

 

Water Plants (For Each

100,000 Gallons

Discharged Per Quarter)               1                            119.00                         476.00

 

            Section II.  Any Ordinance or part thereof inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency.

 

Section III.  All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

 

            Section IV.  This Ordinance shall take effect immediately upon final passage and publication according to law.

 

Lynn Tillman, Deputy Clerk states the public hearing and adoption will be at the February 22, 2006 Regular Council Meeting.

 

Borough of Englishtown

Resolution No. 2006-046

 

Appropriation Reserve Transfer

 

Whereas, N.J.S.A.40A:59 provides for appropriation transfers during the first three months of any fiscal year when the amount of any appropriation reserve for the immediately preceding fiscal year insufficient to pay the claims authorized or incurred during said preceding year which were chargeable to said appropriation, and there is excess in any appropriation reserves over and above the amount deemed to be necessary to fulfill its purpose of such appropriation.

 

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $2,000.00 (Two Thousand Dollars) be made in the 2005 budget.

           

 

 

 

Current Fund:

From:

Mayor and Council O/E                                  $1,000.00

Engineering Services                                       $1,000.00

 

To:                                                                                                     

Legal Services                                                 $2,000.00

                        Reason: Estimate Incorrect

 

Offered By:          C/Simon  

                                               

Seconded By:        C/Soden

 

C/Carr asks why did we have to do this?

C/Soden responds because the attorney underestimated his bill for various things that happened in the town.

           

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

                 Nays:     C/Carr       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-047

 

Resolution Accepting the Resignation of Rhoda Overgard

Deputy Court Administrator of the Borough of Englishtown

 

            Whereas, Rhoda Overgard served as Deputy Court Administrator in the Borough of Englishtown; and

 

            Whereas, Rhoda Overgard did tender her resignation to the Englishtown Borough Council from that position within the Borough of Englishtown, her last day of employment being March 1, 2006.

                       

            Now, Therefore, Be It Resolved that:

1.      The resignation of Rhoda Overgard is accepted by the Englishtown Borough Council.

           

2.      That a certified copy of this Resolution be delivered to the Chief Financial

Officer and the Court Administrator.

 

Offered By:           C/Soden  

 

Seconded By:        C/Palmieri

 

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

                 Nays:     None       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-048

 

Appointment of Deputy Municipal Clerk/

Deputy Registrar

 

            Whereas, there is a vacancy within the Borough of Englishtown for the position of Deputy Municipal Clerk/Deputy Registrar; and

 

            Whereas, it is the wishes of the Governing Body to fill said position; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Rhoda Overgard, Englishtown, New Jersey.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:

 

            1.         That Rhoda Overgard is hereby appointed as Deputy Municipal

                        Clerk/Deputy Registrar for the Borough of Englishtown, effective                                      March 2, 2006 until December 31, 2006.

 

2.            That said position shall be full-time, paid $24,000.00 for the year 2006,

Payable bi-weekly per the salary ordinance.

 

3.           That the within appointment shall be contingent upon Rhoda Overgard

undertaking the appropriate course work and examinations so as to

successfully obtain the Municipal Clerk and Municipal Registrar

Certifications.  Course work to commence in the Fall of 2006.  Courses

are to be taken at a rate of one course minimum each Spring and Fall,

with an anticipated State Examination date for RMC Certification being

Spring 2009.  CMR Examination/Certification is expected during 2007.

 

4.           That the said individual shall receive an additional $1,000.00 upward

     adjustment to her salary after successfully obtaining the Municipal Clerk

     and the Municipal Registrar Certifications.  

 

            5.         Shall be under the direction of the Municipal Clerk/Municipal Registrar.

 

 

 

Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Municipal Clerk and Rhoda Overgard.

 

Offered by:            C/Palmieri                                                           

 

Seconded by:         C/Simon

 

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

                 Nays:     None       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-049

 

Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA  19046

 

Tax Sale Certificate Number 6-03

Block 15, Lot 8, 29 Hamilton St.

in the amount of $13,185.48

 

            Whereas, the above mentioned certificate has been paid and Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA  19046 is entitled to refunds of $13,185.48.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $13,185.48 to Crusader Servicing Corporation, 179 Washington Lane, Jenkintown, PA  19046.

 

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

 

Offered by:            C/Soden    

 

Seconded by:         C/Simon

 

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

                 Nays:     None       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-050

 

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 $258,598.73 be and

                   the same are hereby authorized to be paid on February 8, 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/Soden  

 

Seconded by:         C/Palmieri

 

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

                 Nays:     C/Carr       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

Borough of Englishtown

Resolution No. 2006-051

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED STATE

OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL

PROTECTION SANITARY SEWER APPROVAL APPLICATION

ELON ASSOCIATES, LLC

BLOCK 26, LOTS 1 & 7 – PHASE I

LASATTA AVENUE, BOROUGH OF ENGLISHTOWN

 

            WHEREAS, it is necessary for Elon Associates to file an amended application to the NJDEP for sanitary sewer approval for service to Phase I of the proposed development, consisting of 101 units; and

            WHEREAS, the associated paperwork has been reviewed and approved by the Borough Engineer, Thomas J. Herits, PE, PP, PLS.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the Mayor is hereby authorized to execute the aforesaid amended application, regarding Phase I of the proposed development, consisting of 101 units.

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the following:  Elon Associates, LLC (Attn.: Allen Weiss, Esq.), Borough Engineer, Borough Water Superintendent, and Borough Attorney.

 

The above Resolution should be for a Sanitary Water Approval Application, not Sanitary Sewer Approval Application.  Also, other issues arise regarding a 12” Water Main and where the water will be taken from; Lasatta Avenue or Heritage Drive.  Mayor Reynolds states the Resolution will be tabled until our next meeting since our engineer is not here for guidance.

 

/ / / / / T A B L E D \ \ \ \ \

February 22, 2006

 

Public Portion

 

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

 

Lori Cooke, Wood Avenue states just to let you know the new sidewalk project they just completed on Water Street by the Main Street Deli and also by Country Animal Clinic is all cracked.

 

Mayor Reynolds states to call the Borough Engineer and have him take a look at it.

 

Janet Leonardis, Weamaconk Drive states at the last meeting I asked if you could find out for this meeting how Hair Systems ended up to be in such a poor situation being that we have a Code Enforcer.  Also I wanted to know about Englishtown Antiques.

 

Mayor Reynolds states on Saturday I came in and saw Ed Miller, Code Enforcer.  He told me regarding Englishtown Antiques that he is in the process of giving them summonses regarding these ongoing conditions.  Regarding Hair Systems there is ongoing litigation and we as public officials were told not to speak about that issue. 

 

C/Carr states Mrs. Leonardis knows that anyway because she is on the Planning Board.

 

Janet Leonardis states not the condition now.  I just wanted to know how it got that way.  What authority do we have as a Borough to prevent businesses from operating so poorly and causing us so much trouble? 

Discussion regarding Hair Systems continues between Mayor, Council and Janet Leonardis.

 

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 personnel and negotiation; 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/Carr

.

Seconded By:        C/Soden

 

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

                 Nays:     None       

               Absent:    C/Rucker, C/Robilotti

              Abstain:    None

 

The time being 8:03 P.M.

 

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

 

The time being 8:31 P.M.

 

 

 

Borough of Englishtown

Resolution No. 2006-052

 

Appointment of Attorney

 

Whereas, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Attorney to advise the Council of legal matters; and

 

Whereas, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of an Attorney for "Professional Services" without competitive bids must be publicly advertised:

 

 

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

 

1.  Stuart J. Moskovitz be appointed as the Borough Attorney for the term

February 8, 2006 terminating December 31, 2006, subject to contract approval.

 

2. The said party be appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.

 

3.  The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.

 

 

Offered by:            C/Simon

 

Seconded by:         C/Carr

 

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

                  Nays:    None

              Abstain:    None

   Absent:    C/Rucker, C/Robilotti

 

Stuart J. Moskovitz is present, and presiding as Borough Attorney requests an additional Executive Session.

 

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 personnel and negotiations; 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/Palmieri

 

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

                   Nays:  None

                Absent:  C/Rucker, C/Robilotti

               Abstain:  None

 

The time being 8:34 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/Simon. Passed unanimously.

 

The time being 9:09 P.M.

 

Adjournment

 

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

 

The time being 9:10 P.M.

 

 

 

___April 26, 2006__________                                          ________________________

Approved by Governing Body                                          Clerk