** AGENDA **

 

August 22, 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.            Approval of Minutes – July 11, 2007

 

5.            Committee Reports

 

6.            Correspondence

 

7.            Open Public Portion/Limited to Agenda Items Only

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

 

8.            Old Business

 

A.                 Ordinance No. 2007-14 – Public Hearing & Adoption

Amending Article I, Entitled “Excavations, Curbs and Driveways” of Chapter 2.112, Entitled “Streets and Sidewalks”

 

9.                  New Business

 

A.                 Resolution No. 2007-142

Renewal of Membership in Monmouth Municipal Joint Insurance Fund

 

B.          Resolution No. 2007-143

            Amendment to Salary – Finance Clerk

                       

C.          Resolution No. 2007-144

            Authorizing Extension for Clean Communities Summer Help

 

D.          Resolution No. 2007-145           

            Authorizing Approval of Department Requisitions

 

E.          Resolution No. 2007-146

            Authorizing Payment of Borough Bills

 

F.                  Resolution No. 2007-147

Waiver of License and Fee for Peddlers at Englishtown Fall Festival

 

10.              Discussion Item:  Class II Planning Board Member Vacancy

 

11.        Tax Collector’s Report – July 2007

 

12.        Public Portion

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

           

13.        Executive Session

 

14.              Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

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

                  Absent:           C/Simon

 

Also present were 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. 

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of  July 11, 2007  was offered by C/Robilotti and seconded by C/Leonardis.  Passed on the following roll call:

 

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

                      Nayes:           None

                     Absent:           C/Simon

                    Abstain:           None

 

Committee Reports

 

C/Leonardis

 

·        Rick Guffanti, Public Works Supervisor has requested that we keep Justin until Fall Festival.  He has cut Justin’s hours from 5 days a week to 4 days a week in anticipation of needing extra help for Fall Festival. Financially we have sufficient funds to keep Justin until Fall Festival. Resolution No.2007-144 to extend summer help hours is on agenda.

·        Committee reports were emailed to Mayor Reynolds and Council; copies are available for the public.

 

 C/Cooke

·        Patriots Day Memorial Service is scheduled for September 11th at 7:00 P.M. at Borough Hall.

 

C/Robilotti

 

C/Carr

 

C/Robilotti

 

C/Soden

 

C/Carr

 

Correspondence

 

Christine Robbins, Deputy Municipal Clerk

·        Received correspondence from Rita Varney, Captain of Englishtown/Manalapan First Aide Squad informing us of her resignation. The new Captain will be Tracy Cucheyer

·        Several incoming resolutions have been received from municipalities within Monmouth County opposing assembly bill #3959, expanding polling place hours by one hour in evening for primary and general elections. They are looking for our support in passing a similar resolution.

·        Received incoming resolution from the Township of Monroe urging the State of New Jersey to take financial responsibility for the cost of the Statewide Gypsy Moth Control Program, They are looking for our support in passing a similar resolution.

·        Request was made by Rabi Visknepski of the Jewish Learning Center of Monmouth County for Borough to enter into Lease Agreement for $1.00 leasing the portion of Englishtown that falls between approved Eruv Boundaries.  He asked that this agreement be signed prior to their holiday Rosh Hashanah that is September 13th and 14th.

 

At this time discussion takes place between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney regarding entering into a lease agreement with the Jewish Learning Center.

 

C/Soden requests Gypsy Moth Control Resolution and Extension of Polling Place Hours Resolution be placed on the next Committee Meeting agenda.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-14

 

ORDINANCE AMENDING

ARTICLE I, ENTITLED “EXCAVATIONS, CURBS AND DRIVEWAYS” OF CHAPTER 2.112, “ENTITLED STREETS AND SIDEWALKS”

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

 

WHEREAS, the Borough Council of the  Borough of Englishtown has determined that it is wasteful of taxpayers’ resources to allow streets to be excavated shortly after they are fully resurfaced; and

 

WHEREAS, the Borough is desirous of protecting the safety and welfare of the community by preserving its public works, including its periodically repaired and restored streets and sidewalks;

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.112 of the Code of the Borough of Englishtown is hereby amended as follows:

 

I. The text of current Section 2.112.01 shall be identified as 2.112.01.A.

 

II. The following shall be added to Section 2.112.01:

 

B. No such permit identified in Section 2.112.01 shall be issued for the purpose of excavating or making any opening in any street, road, avenue or highway owned or under the jurisdiction or to be ultimately dedicated and accepted for ownership and jurisdiction by the Borough of Englishtown within five years of completion of any reconstruction, bituminous concrete surface overlay or other construction to improve the surface for the motoring public, unless the work is of an emergent nature which immediately threatens public safety or health.

 

C. If an applicant believes the work to be performed is of an emergent nature immediately threatening the public safety or health, the applicant shall appear before the Borough Council to seek the approval of the Council to perform the work.

 

D. If the emergent nature of the work is such that the delay in seeking Council approval will aggravate the threat or impact to public safety or health, the request shall go to the Borough Administrator who shall immediately poll the Borough Council and, if a majority of the Council, including the Mayor if such vote is required to create a majority, agrees to permit the excavation or opening, the Administrator shall have the authority to permit the excavation or opening to commence. The applicant shall immediately proceed the next business day with the permit procedure set forth in Section 2.112.02 herein.

 

E. Prior to any paving which will result in a moratorium as set forth hereinabove, the Borough will notify by U.S. Mail, all residents who will be impacted by the ensuing moratorium.

 

III. Section 2.112.25 shall be amended as follows:

 

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding One Thousand Two Hundred and Fifty ($1,250.00) Dollars or by imprisonment for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Notwithstanding the provisions of this section, the violator shall be liable to the Borough for all costs, including repair costs, and  attorneys and engineering fees, that result from the violation of this Article.

 

IV. There shall be a new article in Chapter 2.112 entitled, “Article II, Obstructions.” Existing Sections 2.112.26 through 2.112.30 shall be deemed to be a part of Article II.

V. There shall be a new article in Chapter 2.112 entitled “Article III, Snow and Ice Removal.” Existing Sections 2.112.31 through 2.112.34 shall be deemed to be a part of Article III.

 

BE IT FURTHER ORDAINED THAT 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/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2007-14, above titled, was offered by C/Soden and

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

 

Offered by:                   C/Soden

 

Seconded by:               C/Robilotti

 

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

                 Nays:           None

             Abstain:            None

              Absent:           Simon 

 

New Business

 

Borough of Englishtown

Resolution No. 2007-142

 

Resolution for Renewal of Membership In
The Monmouth Municipal Joint Insurance Fund

 

            Whereas, the Borough of Englishtown is a member of the Monmouth Municipal Joint Insurance Fund; and

 

            Whereas, said renewed membership terminates as of December 31, 2007 unless earlier renewed by agreement between the Municipality and the Fund; and

 

            Whereas, the Municipality desires to renew said membership;

 

            Now, Therefore, Be It Resolved as follows:

 

1.      The Borough of Englishtown agrees to renew its membership in the Monmouth Municipal Joint Insurance Fund and to be subject to the

Bylaws and Regulations, coverage, and operating procedures thereof

as presently existing or as modified from time to time by lawful act

of the Fund.

 

2.      The Mayor and Clerk shall be and hereby authorized to execute the

agreement to renew membership annexed hereto and made a part hereof

and to deliver same to the Monmouth Municipal Joint Insurance Fund

evidencing the Municipality’s intention to renew its membership.

 

Offered by:                   C/Carr

 

Seconded by:               C/Robilotti

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:           None

 

Borough of Englishtown

Resolution No. 2007-143

 

Amendment to Salary

Finance Clerk

 

            Whereas, there is currently the position of Finance Clerk within the Borough of Englishtown; and

 

            Whereas, the duties of said position have expanded to assist the Housing Inspector with secretarial and financial responsibilities; and

 

            Whereas, said position is currently filled by Jeanne Keevins; and

 

            Whereas, it is the recommendation of the Administration/Finance/Personnel Committee to increase the salary for the position of Finance Clerk.

 

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

 

1.                  Jeanne Keevin’s salary as Finance Clerk shall be amended effective August 9, 2007 to the sum of $34,000.00.

 

2.                  Said sum shall remain in effect for the entire calendar year 2007.

 

Be It Further Resolved, that a true, certified copy of this resolution be forwarded to the Borough Chief Financial Officer and Jeanne Keevins.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                   Nays:         None

                Absent:         C/Simon

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2007-144

Authorizing Extension for

 Clean Communities Summer Help

 

            Whereas, the Borough of Englishtown has received a grant for the purposes of promoting the Clean Communities Program; and

 

            Whereas, said funds were appropriated for summer employment for this program; and

 

            Whereas, per Resolution No. 2007-120, Justin Sabotino has filled said position effective July 2, 2007 until August 31, 2007; and

 

            Whereas, there is additional appropriated funds available to extend the Clean Communities position held by Justin Sabotino through October 11, 2007.

 

            Now, Therefore, Be It Resolved, by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that the position held by Justin Sabotino of Freehold, N.J. under the Clean Communities Program is extended until October 11, 2007.

 

            Be It Further Resolved, that a certified true copy of this Resolution be forwarded to the Borough’s Chief Financial Officer, Dept. of Public Works Supervisor and Justin Sabotino.

 

Offered by:                   C/Robilotti

 

Seconded by:               C/Leonardis

 

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

                   Nays:         None

                Absent:         C/Simon

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2007-145

 

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 $1,802.57

are hereby authorized to be processed into purchase orders on August 22, 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/Leonardis

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:          None

 

Borough of Englishtown

Resolution No. 2007-146

 

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 $480,021.83

                   are hereby authorized to be paid on August 22, 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/Robilotti

 

Seconded by:               C/Carr

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:           None

 

Borough of Englishtown

Resolution No. 2007-147

 

Waiver Of License And Fee For Peddlers At

Englishtown Fall Festival

 

            Whereas, Chapter 98 of the Code of the Borough of Englishtown requires an application and license for itinerant merchants and/or transient vendors;

 

            Whereas, the Englishtown Recreation Committee has requested a waiver of fees and application process due to the brief nature of the one day festival October 6, 2007 (rain date October 7, 2007); and

 

            Whereas, the wishes of the Governing Body is to have good participation of all citizens and to ease the requirements on this one day event;

 

            Now, Therefore, Be It Resolved by the Mayor and Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby waives the application fee and license fee as follows:

 

1.        All merchants and/or transient vendors must submit applications and return signed copy of rules and regulations to the Englishtown Recreation Committee.

 

2.        All applications will be on file in the Clerk’s office.

 

Offered by:                   C/Soden

 

Seconded by:                C/Robilotti

 

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

                   Nays:         None

                Absent:         C/Simon

               Abstain:          None

                       

At this time Resolution No. 2007-148 and Resolution No. 2007-149 is added.

 

Borough of Englishtown

Resolution No. 2007-148

 

Denial of Temporary Access to 15 Main Street Parking Lot

For Off-Property Monitoring Well Installation

 

            Whereas, the Borough of Englishtown has received correspondence from Environmental Liability Management, Inc. of Princeton, New Jersey c/o the former property owner, Sovereign Bank, that they will be conducting an environmental investigation under the direction of the New Jersey Department of Environmental Protection (NJDEP) at the site known as 14 S. Main Street; and

 

            Whereas, Environmental Liability Management, Inc. is requesting permission from the Borough of Englishtown to enter the premises at 15 Main Street and install an off-property monitoring well within the parking lot to perform such work including installation, surveying, sampling, maintaining and future abandonment of one ground water monitoring well; and

 

            Whereas, the Governing Body of the Borough of Englishtown has reviewed request and determined that such investigation would create an unwarranted hardship and burden upon Borough employees and residents, essentially for the Englishtown Police Department’s ability to respond to emergency calls without disruption.

 

            Now Therefore Be It Resolved, by the Governing Body of the Borough of Englishtown that this request be denied and a certified copy be sent to Environmental Liability Management, Inc and filed with the Municipal Clerk.

 

Offered by:                   C/Soden

 

Seconded by:               C/Leonardis

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:          None

                       

Borough of Englishtown

Resolution No. 2007-149

 

Resolution Permitting “ERUV” Markers on Utility Poles

Along Certain Municipal Streets and Roads Within

The Borough of Englishtown

 

            Whereas, community groups and synagogues have applied to Verizon and Jersey Central Power and Light for permission to attach markers to the utility poles for the purpose of establishing an “ERUV” area;

 

Whereas, such use of these facilities cannot be obtained without the approval of the Borough Council permitting the placement of makers on the utility poles along certain municipal roads; and

 

Whereas, the Borough of Englishtown, while as a government body, it does not formally participate in the practices of any religion, permits the free expression and practices of all religions within its borders;

 

            NOW THEREFORE BE IT RESOLVED by the Borough Council of Englishtown that in order to enable certain religious groups to freely practice their religion without government interference, the Borough hereby grants permission to the Jewish Learning Center of Monmouth County, Inc. to attach markers on utility poles along certain municipal roads as will be described in the permit application, subject to the approval of the utility, such markers to be no more than necessary to meet the religious needs of the applicant, without being obtrusive to the general appearance of the poles and community.

 

            BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a lease with the Jewish Learning Center of Monmouth County, Inc., permitting the use of Borough domain for such purposes, in a manner that does not interfere with any other use by the Borough or community of such domain.

 

            BE IT FURTHER RESOLVED that a certified copy of this resolution shall be distributed to the Borough Administrator, the Borough Attorney, Chief of Police, Verizon, JCP&L, and the Jewish Learning Center of Monmouth County, Inc., as well as any other community group or synagogue that wishes to avail itself of the “ERUV” established by the Jewish Learning Center of Monmouth County, Inc.

 

Offered by:             C/Soden

 

Seconded by:         C/Robilotti

 

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

                 Nays:     None

              Abstain:    None

               Absent:    C/Simon

 

Discussion Item – Class II Planning Board Member Vacancy

 

Mayor Reynolds states statute requires that a borough employee of management level be appointed. 

 

Discussion between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney suggesting possible employees who may be interested in filling vacancy.  Some suggestions are: Rick Guffanti, Public Works Supervisor, Ralph Kirkland, Zoning Officer, Laurie Finger, Borough Administrator, Christine Robbins, Deputy Municipal Clerk, Peter Gorbatuk, Acting Municipal Clerk.

 

Discussion continues between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney.

 

Mayor Reynolds nominates Christine Robbins, Deputy Municipal Clerk’s to fill Class II Planning Board member vacancy and would like consensus from Council.

 

At this time Resolution No. 2007-150 is added. 

 

Borough of Englishtown

Resolution No. 2007-150

 

Mayoral Nomination

Class II Planning Board Member

 

             Whereas, there is a vacancy on the Unified Planning/Zoning Board (U.P.Z.B.) for a Class II Member; and

 

            Whereas, it is the Mayor’s nomination to appoint Christine Robbins, Deputy Municipal Clerk to said position for the remainder of the 2007 calendar year; and

 

            Whereas, it is the consensus of council to approve the Mayor’s nomination.

 

            Now Therefore Be It Resolved, that Christine Robbins is appointed Class II Official of the Unified Planning/Zoning Board effective immediately to fill the remainder of the 2007 term.

 

Offered by:                   C/Carr

 

Seconded by:               C/Robilotti

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:          None

                         

Tax Collectors Report                        Month of July, 2007

 

                                                            Taxes, 2007                $146,723.66

                                                            Taxes, 2006                       $866.00

                                                            Interest on Taxes                 $259.43

                                                            Search Fee                           $10.00

                                                            Duplicate Bill Fee                   $15.00

 

                                                            Total                            $147,974.09

 

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.

 

Wayne Krawaic, 31 LaSatta Avenue

 

C/Soden

 

Wayne Krawaic

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to contact Tom Herits, Borough Engineer and have him contact the county regarding situation. 

 

Teddy Menkov, 11 Wilson Avenue

 

Laurie Finger, Borough Administrator

 

Teddy Menkov

 

C/Carr

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to ask Tom Herits to go back to Quick Check, let them know the fence is on lower ground and ask if it can be relocated on higher ground to provide Mr. Menkov with privacy. 

 

Stuart Moskovitz, Borough Attorney

 

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

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing

Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:                    C/Carr

 

Seconded By:                C/Cooke

 

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

                   Nays:          None

                Absent:          C/Simon

               Abstain:          None

 

The time being 8:20 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/Robilotti. Passed unanimously.

 

The time being 8:50 P.M.

 

Adjournment

 

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

 

The time being 8:52 P.M.

 

 

October 10, 2007

Approved by Governing Body                                          Deputy Municipal Clerk