** AGENDA **

 

August 8, 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 – June 27, 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. 2007-11 – Public Hearing & Adoption

Amending Chapter 2.126, Entitled “Water”

 

B.                 Ordinance No. 2007-12 – Public Hearing & Adoption

Amending Chapter 2.106, Entitled “Sewer”

 

C.                 Ordinance No. 2007-13 – Public Hearing & Adoption

Amending Chapter 2.55, Entitled “Animal Control Regulations”

 

9.                  New Business

 

A.                 Ordinance No. 2007-14 – First Reading & Introduction

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

 

B.         Resolution No. 2007-138

            Renewal of Membership in Central Jersey Health Insurance Fund

                       

C.         Resolution No. 2007-139

            Authorization of Purchases Over $800

            Police Dept. – 2006 Ford Crown Victoria – 3 year lease

 

D.         Resolution No. 2007-140           

             Authorizing Approval of Department Requisitions

 

E.          Resolution No. 2007-141

              Authorizing Payment of Borough Bills

 

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 implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure   through the Personnel Committee.

           

11.        Executive Session

 

            12.                  Adjournment

 

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

 

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

                  Absent:          C/Carr

 

Also present were Peter Gorbatuk, Acting 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    June 27, 2007 was offered by C/Robilotti and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:             None

                     Absent:             C/Carr

                    Abstain:              None

 

Committee Reports

 

C/Leonardis

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

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

 

C/Robilotti

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-11

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.126 (WATER) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            Be It Ordained by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:

 

1.  Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

A.     Taps.  [Amended 3/14/85, Ord. 85-4; 2/25/87, Ord. 87-02]

B.      

(1)   For all taps on installations from the main to the curb stop made by   the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: 

$2,536.00 (two thousand, five hundred and thirty-six dollars)    per  E.D.U.

                                                   

            2.   Any Ordinance or parts of Ordinances inconsistent herewith are hereby   

                   repealed

 

3.      This Ordinance shall take effect following final adoption and publication pursuant thereto.

 

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

 

Adoption

A motion to adopt Ordinance No.2007-11, above titled, was offered by C/Simon and

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

 

Offered By:            C/Simon

 

Seconded By:         C/Robilotti

 

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

                 Nays:                        None

             Abstain:                        None

 Absent:     C/Carr

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-12

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.106 (SEWERS) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            Be It Ordained by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:

 

1.   Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after August 8, 2007, be charged a connection fee of $893.00 (eight hundred ninety-three) dollars.

 

2.      All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

 

3.      This ordinance shall take effect upon final adoption and publication pursuant to 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/Simon and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2007-12, above titled, was offered by C/Simon and

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

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

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

                 Nays:          None

             Abstain:           None

 Absent:           C/Carr

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-13

 

ORDINANCE AMENDING

CHAPTER 2.55, ENTITLED “ANIMAL CONTROL REGULATIONS”

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

 

WHEREAS, the Borough Council of the Borough of Englishtown has determined that there are occasions where pet waste on non-public property serves as a threat to the health and safety of residents of the Borough of Englishtown; and

 

WHEREAS, the Borough is desirous of protecting the safety and welfare of the community by controlling situations of offensive pet waste;

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.55 of the Code of the Borough of Englishtown is hereby amended as follows:

 

I. The following shall be added to Section 2.55.13.03:

 

All pet owners and keepers are required to immediately and properly dispose of their pet’s solid waste deposited on property owned or possessed by that person if such waste is located within ten feet of another property or public access way, such as a sidewalk.

 

All pet owners and keepers are required to dispose of any animal waste deposited on property owned or possessed by that person regardless of the location within that property in a timely fashion so as to insure that it does not create an unsanitary condition as to odors affecting other properties. Should an odor condition prevail from that waste for a period of more than 48 hours, it shall be presumed that the waste was not removed in a timely fashion.

 

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

 

Adoption

A motion to adopt Ordinance No.2007-13, above titled, was offered by C/Simon and

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

 

Offered By:                C/Simon

 

Seconded By:             C/Robilotti

 

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

                 Nays:         None

             Abstain:          None

 Absent:          C/Carr

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

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.

 

A motion to introduce the above titled Ordinance was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

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

                        Nays:           None

                    Abstain:            None

                     Absent:           C/Carr

 

Stuart Moskovitz, Borough Attorney states Ordinance should be reintroduced with the amendment Section E.

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to read aloud amendment for the public.

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-14 is scheduled for the August 22, 2007 Council Meeting, 7:30 p.m. at Borough Hall.

 

Borough of Englishtown

Resolution No. 2007-138

 

Resolution for Renewal of Membership In
The Central Jersey Health Insurance Fund

 

            Whereas, a number of public entities in the State of New Jersey have joined together to form the Central Jersey Health Insurance Fund, hereafter referred to as “FUND”, as permitted by N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq.; and

 

            Whereas, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since February 1, 1992; and

 

            Whereas, the statutes and regulations governing the creation and operation of a joint insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND; and

 

            Whereas, the governing body of the Borough of Englishtown, hereinafter referred to as “LOCAL UNIT” has determined that membership in the FUND is in the best interest of the LOCAL UNIT.

 

            Now Therefore Be It Resolved, that the governing body of the LOCAL UNIT hereby agrees as follows:

 

1.      Become a member of the FUND for the period outlined in the LOCAL UNITS’s Indemnity and Trust Agreements.

 

2.      Will participate in the following type (s) of coverage (s):

a.      Health Insurance as defined pursuant to N.J.S.A. 17B:17-4, the FUNDS’s Bylaws, and Plan of Risk Management.

 

3.      Adopts and approves the FUNDS’s bylaws.

 

4.      Execute an application for membership and any accompanying certifications.

 

Be It Further Resolved, that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND’s Bylaws, and to deliver these documents to the FUND’s Executive Director with the express reservation that these documents shall become effective only upon:

 

1.      Approval of the LOCAL UNIT by the FUND.

 

2.      Receipt from the LOCAL UNIT of a Resolution accepting assessment.

 

3.      Approval by the New Jersey Department of Insurance and Department of Community Affairs

 

Offered by:             C/Simon

 

Seconded by:          C/Robilotti

 

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

                 Nays:      None

              Abstain:     None

               Absent:     C/Carr 

 

Borough of Englishtown

Resolution No. 2007-139

 

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:

 

2006 Ford Crown Victoria – 3 year lease            $7,082.85

 

Services From:

Ford Motor Credit Co.

Dept 67-434, Mun. Finance

P.O. Box 67000

Detroit, MI 48267-0434

 

            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/Robilotti      

 

Seconded By:               C/Simon

 

Mayor Reynolds asks if the 2007 models are out yet.

 

Laurie Finger, Borough Administrator states this is last year’s vehicle and the second lease payment. We are looking into 2007-2008 model for this year.

 

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

                  Nays:         None

              Abstain:          None

               Absent:          C/Carr

 

Borough of Englishtown

Resolution No. 2007-140

 

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 $4,156.54 are hereby authorized to be processed into purchase orders on August 8, 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/Simon, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:      None

              Abstain:     None

               Absent:     C/Carr

 

Borough of Englishtown

Resolution No. 2007-141

 

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 $499,839.18

                   are hereby authorized to be paid on August 8, 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/Soden

 

Seconded by:          C/Simon

 

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

                 Nays:      None

              Abstain:     None

               Absent:     C/Carr

           

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.

 

Todor Nenkov, 11 Wilson Ave

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to contact Tom Herits, Borough Engineer to see if Quick Check met all architectural and landscaping requirements that Planning Board imposed on them.

 

 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 litigation, personnel; 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/Simon, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:          None

                Absent:          C/Carr

               Abstain:           None

 

The time being 7:55 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 9:50 P.M.

 

Adjournment

 

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

 

The time being 9:51 P.M.

 

September 26, 2007

Approved by Governing Body