** AGENDA **

 

April 11, 2007

 

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.           Continuation of Public Hearing: Transfer of Liquor License

Pop Pop Enterprises, Inc./Project Expeditors

 

5.         Proclamation:    “National Safe Kids Week”

                                    April 28, 2007 – May 6, 2007

 

6.         Approval of Minutes – March 14, 2007

 

7.         Committee Reports

 

8.         Correspondence

 

9.         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.

 

10.                          Old Business:

 

A.        Ordinance No. 2007-03 – Public Hearing & Adoption

Amending Borough Code Book, Chapter 2.51

Entitled “Alcoholic Beverages”

 

            11.       New Business

 

A.        Resolution No. 2007-078

Emergency Temporary Appropriations

 

B.         Resolution No. 2007-079

Authorizing Purchases Over $800

Water Dept. – Consumer Confidence Report

 

C.        Resolution No. 2007-080

Authorizing Approval of Department Requisitions

 

D.        Resolution No. 2007-081

Authorizing Payment of Borough Bills

 

12.       Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

           

13.       Discussion Item: Performance of Richard Hogan, Director of Code Enforcement/Construction Official

 

            14.       Executive Session

 

            15.       Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:35 P.M.

 

Roll Call:  Present:        C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Absent:       None

 

Also present were Peter Gorbatuk, Acting Municipal Clerk, Christine Robbins, Deputy 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 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. 

 

Continuation of Public Hearing: Transfer of Liquor License

Pop Pop Enterprises, Inc./Project Expeditors

 

Coral Silsbe

 

C/Soden

 

Coral Silsbe

 

C/Carr

 

Coral Silsbe

 

C/Leonardis

 

Coral Silsbe

 

Stewart Moskovitz asks builder if there were already plans for a restaurant when Village Center was built?

 

Builder – name unclear

 

Mayor Reynolds asks based on the ordinance of Englishtown Borough if there is sufficient parking to service both pads if either becomes a restaurant or retail space?

 

Builder

 

C/Simon

 

Coral Silsbe

 

Stewart Moskovitz

 

Coral Silsbe

 

Mayor Reynolds requests motion to approve the transfer of liquor license from Pop Pop Enterprises, Inc. to Project Expeditors.  At this time the following Resolution was added to the agenda.

 

Borough of Englishtown

Resolution No. 2007-082

 

Authorizing Transfer of Retail Consumption Liquor License

 

            Whereas, Project Expeditors, Inc., has applied for a person to person transfer of a retail consumption liquor license from Pop Pop Enterprises, Inc.; and

 

            Whereas, the Borough of Englishtown is cognizant of the fact that the license has been inactive for more than two years and has an interest in the license being utilized; and

 

            Whereas, the sole owner of Project Expeditors, Inc., has advised the Borough Council that she intends to arrange for the license to be used in connection with the construction of a new restaurant within Englishtown.

 

            Now Therefore Be It Resolved, by the Englishtown Borough Council that the person to person transfer of a retail consumption liquor license from Pop Pop Enterprises, Inc. to Project Expeditors Inc., is approved subject to the final approval by the Chief of Police of the Borough of Englishtown in accordance with law.

 

            Be It Further Resolved, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator, the Police Chief, the Applicant, and the Borough Attorney.

 

Offered by:                   C/Carr

 

Seconded by:               C/Robilotti 

 

Roll Call:          Ayes:    C/Soden, C/Simon, C/Carr, C/Cooke, C/Robilotti, C/Leonardis

                      Nayes:    None

                     Absent:    None

                    Abstain:    None

 

Proclamation:  “National Safe Kids Week” April 28, 2007 May 6, 2007

 

Mayor Reynolds proclaims April 28, 2007 – May 6, 2007 National Safe Kids Week.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of March 14, 2007 was offered by C/Simon and seconded by C/Robilotti. Passed on the following roll call:

 

Roll Call:          Ayes:    C/Soden, C/Simon, C/Carr, C/Cooke, C/Robilotti, C/Leonardis

                      Nayes:    None

                     Absent:    None

                    Abstain:    None

 

Committee Reports

 

C/Leonardis

·        Public Works Department assisted in Easter Egg Hunt

·        Water Reads concluded.

·        We will continue discussion in Executive Session of possibly downsizing the Public Works Department.  It will be made public when a decision is made.

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

C/Carr

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Received Monmouth County Open Space Plan from the Monmouth County Planning Board.  It will be kept on file in the Clerks office and can also be found on the Monmouth County Website.

·        School Elections will be held this Tuesday, April 17th in the Municipal Building from 3:00 P.M. to 9:00 P.M.

 

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/Simon.  Passed unanimously.

 

Old Business

 

BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-03

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING

CHAPTER 2.51, ENTITLED “ALCOHOLIC BEVERAGES”

 

WHEREAS, the governing body of the Borough of Englishtown has determined that the fees charged for licensing for alcohol beverage sales are inadequate to cover the

Borough’s costs in connection with governance of alcoholic beverages in the Borough;

 

WHEREAS, the State of New Jersey permits the Borough to charge fees in excess of those currently being charged, provided that increases not exceed 20% per year; and

WHEREAS, the governing body of the Borough of Englishtown wishes to begin the process of making their liquor licensing fees more realistic towards covering the

expenditures of the Borough in connection with the governance of alcoholic beverages in

the Borough:

 

I. NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.51, entitled “Alcoholic Beverages” of the Code of the Borough of Englishtown is hereby amended as follows: §2.51.03 entitled “Licensing; Sale to persons under the legal age. Licenses require; issuance, application and fees” is hereby amended so that subsection “D” entitled “License fees.” shall state:

 

The annual fee for licenses for the sale or distribution of alcoholic beverages in the

Borough shall be as follows:

 

Class of License Annual License Fee

Plenary retail consumption $1,802.78

Plenary retail distribution $1,802.78

Club $150.00

 

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.

 

This Ordinance shall take effect upon passage and publication in

accordance with applicable law.

 

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

 

Adoption

A motion to adopt Ordinance No.2007-03, above titled, was offered by C/Carr and

Seconded by C/Simon.  Passed on the following roll call:

 

Offered by:                   C/Carr

 

Seconded by:               C/Simon

 

Roll Call: Ayes:             C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:          None

             Abstain:           None

              Absent:           None

 

New Business

 

Borough of Englishtown

Resolution No. 2007-078

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2007 Budget and no adequate provision has been made in the 2007 temporary budget for the aforesaid purposes, and

Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2007 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $405,000.00

 

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 $335,000.00 as per attached sheets.

 

2.  Said emergency temporary appropriations will be provided for in the 2007 budget.

 

3.        That one certified copy of this resolution be filed with the Director,

 Division of Local Government Services. 

 

Offered By:                  C/Robilotti                                           

 

Seconded By:               C/Cooke

 

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:          None

             Abstain:           None

              Absent:           None 

 

Borough of Englishtown

Resolution No. 2007-079

 

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:

Water Department

Consumer Confidence Reports – $2168.50

 

Services From:

Gemini Group

271 Waverly Oaks Road

Suite 203

Waltham, MA  02452

 

            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/Robilotti

 

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

 

Borough of Englishtown

Resolution No. 2007-080

 

Resolution of the Borough of Englishtown,

County of Monmouth, State of New Jersey

Authorizing the Approval of Department Requisitions

 

            Whereas, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

 

            Whereas, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $3,507.98

are hereby authorized to be processed into purchase orders on April 11, 2007.

 

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 requisitions hereby authorized to be processed into purchase orders.

 

Offered By:                  C/Robilotti       

 

Seconded By:               C/Simon

 

C/Carr

 

Laurie Finger

 

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

 

Borough of Englishtown

Resolution No. 2007-081

 

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 $136,983.99

                   are hereby authorized to be paid on April 11, 2007.

 

2.       The Borough Clerk 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/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  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.

 

There being no questions or comments, a motion to close the public portion was offered by C/Carr 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 employee grievance.

 

            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/Robilotti                     

 

Seconded By:  C/Carr

 

Roll Call:   Ayes:           C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:        None

                Absent:         None

               Abstain:         None

 

The time being 8:06 P.M.

 

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

 

The time being 9:07 P.M.

 

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.

 

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/Robilotti  

 

Seconded By:               C/Carr

 

Roll Call:   Ayes:           C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:        None

                Absent:         None

               Abstain:         None

 

The time being 9:13 P.M.

 

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

 

The time being 9:45 P.M.

 

Laurie Finger, Borough Administration informs Mayor and Council that she received letter from Borough resident requesting refund of their Rental Registration/Inspection application since program has been suspended.

 

Mayor Reynolds states program is currently under review by Council; the public will be informed once a decision is made.

 

The following Resolution was added to the agenda at this time.

 

Borough of Englishtown

Resolution No. 2007-083

 

                               Eliminating Position Within Department of Public Works

 

            Whereas, the Borough of Englishtown has determined that for economic reasons it wishes to eliminate a position within the Department of Public Works;

 

            Whereas, the Borough of Englishtown has determined that, while it is a difficult choice to eliminate any of the employees within the department, all of whom have performed satisfactorily, it is in the best interests of the department to retain the employees other than Rob Ebbe; and

 

            Whereas, Mr. Ebbe, having been provided with adequate notification of the discussion of the elimination of his position, and having been given the opportunity to provide information to the Borough Council in that connection:

 

            Now therefore, be it resolved by the Englishtown Borough Council that the position within the Department of Public Works currently occupied by Rob Ebbe is being eliminated, requiring the termination of Rob Ebbe’s services to the Borough. Mr. Ebbe is to be notified formally of his termination due to the reduction in force of the Department. Mr. Ebbe is to be provided with the requisite two weeks’ notice of termination.

 

            Be it further resolved, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator and Chief Financial Officer, the Borough Attorney, and the head of the Department of Public Works.

 

Offered By:                  C/Leonardis

 

Seconded By:               C/Soden

 

Roll Call:  Ayes:            C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          None

Laurie Finger states the budget needs to be introduced at the next Council meeting.

 

Adjournment

 

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

 

The time being 9:59 P.M.

 

 

 

May 9, 2007               

Approved by Governing Body