** AGENDA **

 

December 17, 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.                  Award Presentation

- Length of Service Awards

 

5.            Approval of Minutes – November 14, 2007

 

6.            Committee Reports

 

7.            Correspondence

 

8.            Open Public Portion/Limited to Agenda Items Only

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

 

9.                  Old Business

 

A.                 Ordinance No. 2007-18 – Public Hearing & Adoption

Amending Chapter 2.55, Entitled “Animal Control Regulations”

 

10.              New Business

 

A.            Resolution No. 2007-195

Authorizing Employee Vacation Carry-Over to 2008

                                   

B.                 Resolution No. 2007-196

Authorizing Payment of Salary Withheld

 

C.                 Resolution No. 2007-197

Authorizing Cancellation of Unexpended Balance

D.                 Resolution No. 2007-198

Authorizing Appropriation Transfer

 

E.            Resolution No, 2007-199

Release of Maintenance Bond – Englishtown Industrial Park

 

F.                  Resolution No. 2007-200

Reappointment of Acting Municipal Clerk – Peter Gorbatuk

 

G.            Resolution No. 2007-201

Authorizing Purchases Over $800

Public Works Dept – Salt/Calcium Mix

 

H.            Resolution No. 2007-202

Authorizing Purchases Over $800

Administration/Court Dept. – Shredder

 

I.            Resolution No. 2007-203

Authorizing Purchases Over $800

Fire Bureau – 2008 Annual Seminar

 

J.                   Resolution No. 2007-204

Authorizing Service Over $800

Police Dept. – Data Line Service

 

K.            Resolution No. 2007-205

Authorizing Services Over $800

Police Dept. – Computer Notebook Software Support

 

L.            Resolution No. 2007-206

Authorizing Purchases Over $800

Police Dept. – Outdoor Emergency Phone

 

M.            Resolution No. 2007-207

Authorizing Purchases Over $800

Annual Contribution to First Aid Squad

 

N.            Resolution No. 2007-208

Authorizing Approval of Department Requisitions

 

O.            Resolution No. 2007-209

Authorizing Payment of Borough Bills

 

11.            Tax Collector’s Report – November 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  7:32 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, 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.

 

Mayor Awards: Length of Service Awards

 

Mayor Reynolds presents a length of service award to the following people:

 

Pat Wojnas, Englishtown Court Administrator for 20 years of dedicated service to the Borough.

 

Police Officer Trevor Martinson, Englishtown Police Department for 5 years of dedicated service to the Borough.

 

John Marini, Englishtown Housing Inspector for 5 years of dedicated service to the Borough.

 

Approval of Minutes –

 

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

 

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

                      Nayes:          None

                     Absent:          None

                    Abstain:         C/Cooke, C/Soden

 

Committee Reports

 

C/Leonardis

 

C/Carr

 

C/Leonardis

 

C/Carr

 

C/Leonardis

 

Mayor Reynolds asks that we move Christmas Decorating to first Monday after Thanksgiving break.

 

C/Carr

 

C/Leonardis

 

C/Cooke

C/Robilotti

 

C/Carr

 

Laurie Finger, Borough Administrator

 

Discussion continues between Mayor Reynolds  and Council.

 

C/Soden

 

C/Carr

 

Council consensus unanimous.

 

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Received Thank You card from Ed Miller thanking Council for their generosity.

·        Contacted Verizon regarding situation at 8 Main Street;  Conduit Division stated situation will be taken care within two to three weeks weather permitting.

·        Need Council consensus on 2008 meeting schedule.

 

Council consensus unanimous.

 

·        Correspondence received from New Jersey Natural Gas; they have applied for a 7.5% increase from Board of Public Utilities, which will not be effective until late 2008 or early 2009.

 

Public Portion – Agenda Items

 

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

 

There being no further 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. 2007-18

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.55, ENTITLED “ANIMAL CONTROL REGULATIONS”

 

WHEREAS, the governing body of the Borough of Englishtown has determined that a need has arisen to effect control over potentially dangerous dogs to protect the citizens inhabiting and visiting the Borough; and

 

WHEREAS, the governing body seeks to clarify its Animal Control Regulations to assure ease of compliance;

 

I.          Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.55, entitled “ANIMAL CONTROL REGULATIONS” of the Code of the Borough of Englishtown is hereby amended as follows:

 

A.        The Chapter shall be divided into Articles as follows:

 

1.                     Article I - General Animal Control

This Article shall contain Sections 2.55.01 through 2.55.09.

 

2.                     Article II - Loose and Unclaimed Animals

This Article shall contain Sections 2.55.10 through 2.55.12.

 

3.                     Article III - Pet Waste

This Article shall contain Section 2.55.13

 

4.                     Article IV - Wildlife Feeding

This Article shall contain Section 2.55.14

 

B.             Chapter 2.55.01 shall be replaced in its entirety by the following:

 

            As used in Chapter 55, the following words and terms shall have the meanings herein indicated for the purposes of this Chapter, except where defined otherwise within this chapter:

 

ANIMAL - any dog or cat.

 

ANIMAL CONTROL OFFICER - a certified municipal animal control officer and/or individual appointed in accordance with Section 2.55.07, and/or the chief law enforcement officer of the municipality or his designee.

 

BOROUGH - the Borough of Englishtown.

CAT - any member of the feline species.

DOG - any member of the canine species.

 

LICENSING AGE - any dog or cat that has attained seven months of age, and/or possesses a set of permanent teeth.

 

NEUTERED - rendered permanently incapable of reproduction as certified by a licensed veterinarian.

 

OWNING, KEEPING OR HARBORING - these words, singularly and collectively, refer to any person who shall possess, maintain, house or harbor any Animal or otherwise have custody of any Animal, whether or not the owner of such Animal.

 

PERSON - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

 

POTENTIALLY DANGEROUS DOG - any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).

 

VICIOUS DOG - any dog or dog hybrid declared vicious by a municipal court pursuant to Section 6 of P.L. 1989, c.307 (N.J.S.A. 4:19-22), and/or any dog deemed a vicious animal as set forth in Section 2.55.06.01.

 

II.        Be it further ordained that Section 2.55.06 shall be renamed “Vicious Animals and Potentially Dangerous Dogs” and shall be amended to read as follows:

 

2.55.06.01 Vicious Animals

 

Any Animal which has killed a person (other than such animal trained by law enforcement agencies who did so in the course of duty under the supervision of a law enforcement officer), or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b), or has engaged in same animal fighting for recreational purposes. However, an animal that has killed or seriously injured a person because it was provoked into an action inconsistent with its normal behavior shall not be declared vicious. Any Animal other than a dog or cat that habitually attacks other domestic animals shall be deemed to be a Vicious animal for the purposes of this Chapter.

 

2.55.06.02 Complaints and Investigation.

 

It shall be the duty of the Animal Control Officer to receive and investigate complaints against Vicious Animals and Potentially Dangerous Dogs. If he reasonably believe any Animal complained of to have rabies or to be a Vicious Animal, Vicious Dog or Potentially Dangerous Dog, he shall report his findings in writing to a Municipal Judge and issue and file a summons therefor.

 

A.        The Animal Control Officer shall notify the Municipal Judge and the County Board of Health immediately that he/she has seized and impounded an Animal pursuant to this article, or that he/she has reasonable cause to believe that an Animal has killed another domestic animal and that a hearing is required. The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any domestic Animal seized and impounded pursuant to this article. If its owner cannot be identified within seven days, that Animal may be humanely destroyed, unless it is a protected or endangered species as recognized by federal or state law.

 

B..       The Animal Control Officer shall, within three working days of the determination of the identity of the owner of an Animal seized and impounded pursuant to this article, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded Animal is a Vicious Animal or a Potentially Dangerous Dog. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he/she wishes the hearing to be conducted or, if not, to relinquish ownership of the Animal, in which case the Animal may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the Animal may be humanely destroyed, unless it is a protected or endangered species as recognized by federal or state law.       

 

2.55.06.03 Rabid Animals

 

A.        All Animals, other than a protected or endangered species as recognized by federal or state law, noticeably infected with rabies and displaying vicious propensities may be killed by the Animal Control Officer or other authorized persons, without notice to the owner. The owner shall be notified of such killing within three days as to the reason for the killing. In the event the Animal is a protected or endangered species, the State Department of Environmental Protection shall be notified immediately for directions as to disposition.

 

B.        If an Animal is believed to have rabies or has been bitten by an Animal suspected of having rabies, such Animal, if it is a domesticated Animal,  shall be confined by a leash or chain on the owners premises and shall be placed under the observation of a veterinarian at the expense of the Owner for a period of two weeks.

 

C.        It shall be unlawful for any person knowing or suspecting that a domesticated Animal has rabies to allow such Animal to be taken off his premises or beyond the limits of the Borough without the written permission of the Animal Control Officer or any other authorized persons. Every owner, or other person, upon ascertaining a domesticated Animal rabid, shall immediately notify the Animal Control Officer, a policeman or any other authorized persons, who shall either remove the Animal  to a secure keeping facility or summarily destroy it.

 

2.55.06.04 Keeping of Vicious Animals

 

No Animal that has been determined to be a Vicious Animal shall be permitted to be upon any street or public place in the Borough except while securely muzzled and under a leash of not more than six (6) feet in length, and the owner or person harboring any such Vicious Animal who permits it to run at large upon any street or public place in the Borough while not securely muzzled and under a leash of not more than six (6) feet in length shall be guilty of a violation of this article.

 

2.55.06.05 Procedures for Vicious Animals or Potentially Dangerous Dogs

 

A.        Notice; hearing. The Municipal Judge shall notify in writing the owner or keeper of an allegedly Vicious Animal or Potentially Dangerous Dog that a complaint has been made and require the person to appear before him at a stated time and place for a hearing.

B.             Findings to declare an Animal Vicious; grounds.

 

1.         The Municipal Judge shall declare the Animal a Vicious Animal if it finds by clear and convincing evidence that the Animal:

 

(a) Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

 

(b) Has engaged in recreational fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26, regardless of whether or not the Animal is a Dog or other species.

 

                        2.         A domestic Animal shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the Animal was provoked. The municipality shall bear the burden of proof to demonstrate that the Animal was not provoked.

 

                        3.         If the Municipal Court declares the Animal to be Vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the Animal shall be destroyed in a humane and expeditious manner, except that no Animal may be destroyed during the pendency of an appeal. During the pendency of the Appeal, the Animal is to be kept in accordance with the regulations set forth in Section 2.55.06.04 hereinabove.

 

C.             Findings to declare a Dog a Potentially Dangerous Dog; grounds.

 

                        1.         The Municipal Judge shall declare a Dog to be Potentially Dangerous if it finds by clear and convincing evidence that the Dog:

 

(a). Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or

 

                                    (b).       Killed another domestic animal; and

 

(i). Poses a threat of serious bodily injury or death to a person; or

 

(ii). Poses a threat of death to another domestic animal; or

 

(iii). Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

                        2.         A Dog shall not be declared potentially dangerous for:

 

(a). Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the Dog was provoked; or

 

(b). Killing a domestic animal if the domestic animal was the aggressor. For the purposes of this subsection, the Borough shall bear the burden of proof to demonstrate that the Dog was not provoked.

 

D.  Order and Schedule for Compliance for Potentially Dangerous Dog.

 

If the Municipal Judge declares the Dog to be Potentially Dangerous, he shall issue an order and a schedule for compliance which, in part:

 

            1. Shall require the owner to comply with the following conditions:

 

(a). To apply, at his own expense, to the Municipal Clerk or other official designated to license Dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal Potentially Dangerous Dog license, municipal registration number, and red identification tag. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A Potentially Dangerous Dog shall be impounded until the owner obtains a municipal Potentially Dangerous Dog license, municipal registration number, and red identification tag.

 

(b). To display, in a conspicuous manner, a sign on his premises warning that a Potentially Dangerous Dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to subsection 2.55.06.06.D.1.(c), below.

 

(c). To immediately erect and maintain an enclosure for the Potentially Dangerous Dog on the property where the Potentially Dangerous Dog will be kept and maintained, which has sound sides, top and bottom to prevent the Potentially Dangerous Dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a Potentially Dangerous Dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a Potentially Dangerous Dog by an unknowing child or other person. All Potentially Dangerous Dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the Potentially Dangerous Dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.

 

2. May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the Potentially Dangerous Dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Borough to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

 

2.55.06.06 Duties of Owner of Potentially Dangerous Dog.

 

A.        Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court but in no case more than 60 days subsequent to the date of determination;

 

B.        Notify the licensing authority, local Police Department or force, and the Animal Control Officer if a Potentially Dangerous Dog is at large, or has attacked a human being or killed a domestic animal;

 

C.        Notify the licensing authority, local Police Department or force, and the Animal Control Officer within 24 hours of the death, sale or donation of a Potentially Dangerous Dog;

D.        Prior to selling or donating the Dog, inform the prospective owner that the Dog has been declared Potentially Dangerous;

 

E.         Upon the sale or donation of the Dog to a person residing in a different municipality, notify the Department and the licensing authority, Police Department or force, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and

 

F.         In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31. The fee to be paid annually for a Potentially Dangerous Dog License and each renewal thereof, shall be $700.00. 

 

2.55.06.07 Liability of Owner for Costs of Impoundment and Destruction.

 

If a domesticated Animal is declared Vicious or a Potentially Dangerous Dog, and all appeals pertaining thereto have been exhausted, the owner of the Animal shall be liable to the Borough for the costs and expenses of impounding and destroying the Animal. The owner shall incur the expense of impounding the Animal in a facility other than the municipal pound, regardless of whether the Animal is ultimately found to be vicious or a Potentially Dangerous Dog.

 

If the Animal has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

 

 

2.55.06.08 Violations and Penalties.

 

The owner of a Potentially Dangerous Dog which is found by clear and convincing evidence to have violated Section 2.55.06, or to have failed to comply with a court’s order shall be subject to a fine of not more than $1,000 per day of the violation, and each day’s continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this Section. An Animal Control Officer is authorized to seize and impound any Potentially Dangerous Dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17, et seq., or any rule or regulation adopted pursuant thereto, or a court’s order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

 

2.55.06.09 Potentially Dangerous Dog Registration Number Tag and License.

 

The Borough of Englishtown shall:

 

A.        Issue, upon payment of the fee set forth in Section 2.55.06.06.F., a Potentially Dangerous Dog registration number and red identification tag along with a Municipal Potentially Dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each Potentially Dangerous Dog registration number issued by the Borough will be the three number code assigned to the Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality.

 

B.            Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the State of New Jersey Department of Health and any changes in this number shall be reported immediately to the State of New Jersey Department of Health.

 

 

2.55.06.10 Fines, Fees, Used for Enforcement by the Borough.

 

Pursuant to N.J.S.A. 4:19-35, all fines and fees collected or received by the Borough of Englishtown pursuant to this Section 2.55.06 shall be deposited in a special account and used by the Borough to administer and enforce the provisions of this Section.

 

III.       Be it further ordained that Chapter 2.55 shall be further amended as follows:

 

A.        Section 2.55.09.A. shall be revised to read:

Any person who violates any of the provisions of this Article, other than Section 2.55.06, shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500) and/or imprisonment in the county jail for a period not exceeding ninety (90) days, or both.

 

Section B shall remain unamended.

 

B.        Section 2.55.12 shall be amended by replacing the phrase “the provisions of this section” with the phrase “the provisions of this Article.”

 

C.        Section 2.55.13.02 shall be amended by altering the first sentence to read:

 

The following terms, phrases, words and their derivations shall have the meanings stated herein for purposes of this Article unless their use in the text of this Article clearly demonstrates a different meaning.

 

D.        Section 2.55.13.06 shall be amended by changing the word “Ordinance” to “Article.”

 

E.         Section 2.55.14.02 shall be amended by altering the first sentence to read:

 

For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings stated herein for purposes of this Article unless their use in the text of this Article clearly demonstrates a different meaning.

 

D.        Section 2.55.14.05 shall be amended by changing the word “Ordinance” to “Article.”

 

IV.       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.

 

C.        This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.

 

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

C/Cooke

·        Who will enforce this?

 

Stuart Moskovitz, Borough Attorney

·        Police Department or Code Officers.

 

There being no questions or comments, a motion to close the public hearing was

offered by C/Simon and seconded by C/Carr.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2007-18, above titled, was offered by C/Simon and

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

 

Offered By:                  C/Simon

 

Seconded By:               C/Carr

 

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. 2007-195

 

AUTHORIZING BOROUGH EMPLOYEES TO CARRY OVER

REMAINING VACATION TIME TO THE YEAR 2008

 

            WHEREAS, several Borough employees have not used all of their allowed vacation time; and

 

            WHEREAS, it is difficult to use said time by the end of the year; and

 

            WHEREAS, the department heads state that the remaining vacation time is as follows:

                       

Laurie Finger                           6 Vacation Day Remaining

Richard Guffanti                        6 Vacation Days Remaining

Patricia Wojnas                        3 Vacation Days Remaining

Diane Koellner                       3 Vacation Days Remaining

Celia Hecht                           5 Vacation Days Remaining

Jeanne Keevins                       2 Vacation Days Remaining

Peter Gorbatuk                    1 Vacation Day Remaining

 

            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 personnel will be allowed to carry their remaining vacation time over to the year 2008 provided this time is used by June 30, 2008.

 

            BE IT FURTHER RESOLVED a certified true copy of this Resolution be forwarded to Laurie Finger, Richard Guffanti, Patricia Wojnas, Diane Koellner, Celia Hecht, Jeanne Keevins, Peter Gorbatuk and the Borough Auditor.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-196

 

RESOLUTION AUTHORIZING

PAYMENT OF SALARY WITHHELD

 

            WHEREAS, the Mayor and Council adopted a payroll policy in 2004 establishing the pay periods for all employees; and

 

            WHEREAS, outlined in the payroll policy any employee hired after June 1, 2000 will have one (1) week salary withheld; and

 

WHEREAS, the Governing Body of the Borough of Englishtown desire to have all employees paid equally;

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, that the following employees be paid their one (1) week of pay that was withheld as follows:

 

Employee                              Water      Sewer      Current        Total

 

Laurie Finger

 

 

 

 

    333.46

 

     83.36

    416.82

        833.64

Jeanne Keevins

 

 

 

 

    261.54

 

     65.39

    326.92

        653.85

Peter Gorbatuk

 

 

 

 

    382.70

 

     83.20

    366.05

        831.95

Celia Hecht

 

 

 

 

    237.02

 

    237.02

      49.41

        523.45

Diane Koellner

 

 

 

 

 

 

 

    406.20

        406.20

Christine Robbins

 

 

 

 

    170.20

 

     37.00

    162.80

        370.00

Louisa Gustafson

 

 

 

 

 

 

 

    154.50

        154.50

Kurt Knapp

 

 

 

 

    245.65

 

     75.58

    151.17

        472.40

Wayne Krawiec

 

 

 

 

    250.64

 

     77.12

    154.24

        482.00

Janice Garcia

 

 

 

 

 

 

 

    370.80

        370.80

Sharon Hartman

 

 

 

 

 

 

 

    316.92

        316.92

John Marini

 

 

 

 

 

 

 

    231.26

        231.26

Peter Cooke

 

 

 

 

 

 

 

 1,204.04

     1,204.04

Michael MacInnes

 

 

 

 

 

 

 

    961.36

        961.36

Trevor Martinson

 

 

 

 

 

 

 

 1,058.16

     1,058.16

Daniel Chernavsky

 

 

 

 

 

 

 

    674.60

        674.60

Alex Dinicola

 

 

 

 

 

 

 

    674.60

        674.60

Robert Stolte

 

 

 

 

 

 

 

    674.60

        674.60

 

 

BE IT FURTHER RESOLVED, a certified true copy of this Resolution be forwarded to the Finance Office.

 

Offered By:                  C/Robilotti                                          

 

Seconded By:               C/Simon

 

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

                 Nays:           None

             Abstain:            C/Cooke

              Absent:            None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-197

 

RESOLUTION AUTHORIZING CANCELLATION OF

UNEXPENDED BALANCE

 

            WHEREAS, the following 2007 Water Operating Fund Budget appropriation balance remain unexpended:

 

Water Capital Outlay

 

Other Expenses                        $50,000.00

 

            WHEREAS, it is necessary to formally cancel said balance so that the unexpended balance may be credited to Surplus;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough Of Englishtown, that the above listed unexpended balance of the Water Operating Fund be canceled.

 

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. 2007-198

 

RESOLUTION AUTHORIZING APPROPRIATION TRANSFER

 

            WHEREAS, N.J.S.A. 40A: 4-58 provides that during the last 2 months of the fiscal year, to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the 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 $5,783.00 be made in the 2007 budget as attached.

 

Current Fund:

From:               Salary & Wage Adjustment                   $2,654.00

                        Construction S& W                              $3,129.00

 

To:                                                                                           Reason

General Admin S&W                   $   206.00             Salary Adj-Withheld

Municipal Clerk S&W                  $2,000.00            Salary Adj-Withheld

Finance S&W                              $   540.00             Salary Adj-Withheld

Tax Collection S&W                    $   370.00             Salary Adj-Withheld

Tax Assessor  S&W                    $   317.00             Salary Adj-Withheld

Streets & Roads S&W                $   150.00             Salary Adj-Withheld 

Utilities-Electricity                        $   300.00             Usage

Social Security OE                      $1,500.00             Salary Adj-Withheld

Municipal Court S&W                 $   400.00             Salary Adj-Withheld

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-199

 

RELEASE OF MAINTENANCE BOND

ENGLISHTOWN INDUSTRIAL PARK

(NOW KNOWN AS BTR ENGLISHTOWN, LLC)

                       

            WHEREAS, the Borough of Englishtown accepted a Cash Maintenance Bond for Englishtown Industrial Park on May 11, 2005, Resolution No. 2005-093 in the amount of $23,295.08; and

 

            WHEREAS, the Borough of Englishtown’s Municipal Engineer requested through a Memo dated July 20, 2007, upon inspection requested nine (9) dead trees be replaced, which has been satisfied; and

 

            WHEREAS, the Borough Engineer also requested through a Memo dated November 6, 2007 that all outstanding bills be paid and money was received by the applicant on December 4, 2007; and

 

            NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the release of the Maintenance Bond in the amount of $25,183.53, which includes interest income earned through November 30, 2007, is hereby authorized to BTR Englishtown, LLC who purchased Englishtown Industrial Park in July 2005 and assumed the Bond.

 

            NOW THEREFORE, BE IT FURTHER RESOLVED, that a certified true copy of this resolution be provided by the Acting Municipal Clerk to BTR Englishtown, LLC.

 

Offered By:                  C/Robilotti

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-200

 

RE-APPOINMENT OF ACTING MUNICIPAL CLERK/

CERTIFIED MUNICIPAL REGISTRAR

 

            WHEREAS, Peter Gorbatuk of Manville, N.J. currently holds the position of Acting Municipal Clerk/Certified Municipal Registrar for the Borough of Englishtown; and

 

            WHEREAS, the term of this appointment has expired on September 23, 2007; and

 

            WHEREAS, it is the recommendation of the Administration, Finance and Personnel Committee to re-appoint Peter Gorbatuk of Manville, New Jersey.

 

            NOW, THERFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:

 

            1.            That Peter Gorbatuk is hereby re-appointed as Acting Municipal

                        Clerk/Certified Municipal Registrar for the Borough of Englishtown, effective September 24, 2007 expiring September 23, 2008.

 

2.       That said position shall be full-time, thirty-five (35) hours per week, Monday – Friday 8:00 a.m. – 4:00 p.m., paid at $43,260.00 annually, payable bi-weekly per the salary ordinance.

 

3.       That the within appointment shall be contingent upon Peter Gorbatuk

undertaking the state examination for Registered Municipal Clerk and successfully passing said exam prior to September 23, 2009.

 

4.    That the said individual shall receive additional compensation of $2000.00 to his       salary after successfully obtaining the Municipal Clerk Certification.        

 

BE IT FURTHER RESOLVED  that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Borough Auditor and Peter Gorbatuk.

 

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

               Absent:                None

              Abstain:                None 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-201

 

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:

 

Public Works Dept. – Salt/Calcium Mix - $6075.00

Purchased From:

Yardville Supply Co.

P.O. Box 8427

Hamilton, N.J. 08650

 

            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/Soden

 

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. 2007-202

 

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:

 

Administration/Court Dept. – Shredder - $1599.00

 

Purchased From:

Atlantic

3 Broad Street

Freehold, N.J.  07728

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Cooke

 

C/Carr

 

Laurie Finger, Borough Administrator

 

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. 2007-203

 

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:

 

Fire Bureau – 2008 Annual Seminar - $800.00

 

Purchased From:

NJ-IAAI

P.O. Box 280

Glassboro, N.J.  08028

 

            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/Simon

 

Seconded By:               C/Robilotti

 

C/Carr

 

Laurie Finger, Borough Administrator

 

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. 2007-204

 

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:

 

Police Dept. – Computer Shared Service Data Line - $4704.00

 

Purchased From:                       Monmouth County Treasurer

P.O. Box 5007

Freehold, N.J.  07728

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:                  C/Robilotti

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-205

 

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:

 

Police Dept. – Computer Notebook Software Support - $1725.00

 

Purchased From:                     Information Management Corp.

13 Centennial Drive

North Grafton, MA 01536-7860

 

            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/Carr

 

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. 2007-206

 

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:

 

Police Dept. – Outdoor Emergency Phone - $934.50

 

Purchased From:                                   Top Security

2401 Bridge Avenue

Point Pleasant, N.J.  08742

 

            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/Carr

 

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. 2007-207

 

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:

 

Englishtown’s Annual Contribution to First Aid Squad - $9000.00

 

Purchased From:               Englishtown-Manalapan First Aid Squad

P.O. Box 294

11 Sanford Avenue

Manalapan, N.J.  07726

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-208

 

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 $33,561.21

are hereby authorized to be processed into purchase orders on December 17, 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/Simon         

 

Seconded By:               C/Carr

 

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. 2007-209

 

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 $280,290.73

                   are hereby authorized to be paid on December 17, 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/Carr

 

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. 2007-210

 

EXTENSION OF TERM OF MUNICIPAL MAGISTRATE

                     

            WHEREAS, James M. Newman was appointed to be the Municipal Magistrate by Resolution dated January 4, 2005 for a three year term ending December 31, 2007;

 

            WHEREAS, the Borough Council is anticipating the reappointment of James M. Newman for an additional term inclusive of the years 2008 through 2010;

 

            WHEREAS, professional appointments will not be made until the day after the first municipal court date in 2008, and it is essential that there be an authorized Municipal Magistrate in place for said court date;

 

            NOW THEREFORE BE IT RESOLVED by the Englishtown Borough Council that the term of James M. Newman as Municipal Magistrate for the Borough of Englishtown is extended until such time as the Municipal Magistrate for the term commencing in 2008 has been sworn in.

 

            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 Municipal Court, and the Borough Attorney.

 

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. 2007-211

 

APPOINTMENT OF MUNICIPAL MAGISTRATE

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown are knowledgeable that there is a need for the appointment of a Magistrate for the Municipal Court;

 

            WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:11-1 et seq.) requires that the Resolution authorizing the appointment of a Magistrate for “Professional Services without competitive bids be publicly advertised;

 

            WHEREAS, the elected officials currently serving as Mayor and Borough Council will be serving in the same positions in 2008, and in order to effectuate a functioning Municipal Court in 2008 for the period prior to the Borough Council meeting in which appointments for 2008 will be made:

 

            NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown as follows:

 

1.         James M. Newman is appointed Magistrate for the Municipal Court of the Borough of Englishtown for the term of three (3) years terminating December 31, 2010;

 

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

 

3.         The Acting Municipal 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.

 

            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 Municipal Court, and the Borough Attorney.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-212

 

EXTENSION OF TERM OF PUBLIC DEFENDER

 

            WHEREAS, Leonard Fellen was appointed to be the Municipal Prosecutor by Resolution dated January 4, 2007 for a one year term ending December 31, 2007;

 

            WHEREAS, professional appointments will not be made until the day after the first municipal court date in 2008, and it is essential that there be an authorized Public Defender in place for said court date;

 

            NOW THEREFORE BE IT RESOLVED by the Englishtown Borough Council that the term of Leonard Fellen as Public Defender for the Borough of Englishtown is extended until such time as the Public Defender for the term commencing in 2008 has been sworn in.

 

            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 Municipal Court, and the Borough Attorney.

 

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

           

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-213

 

EXTENSION OF TERM OF MUNICIPAL PROSECUTOR

 

            WHEREAS, Richard Kelly was appointed to be the Municipal Prosecutor by Resolution dated January 4, 2007 for a one year term ending December 31, 2007;

 

            WHEREAS, professional appointments will not be made until the day after the first municipal court date in 2008, and it is essential that there be an authorized Municipal Prosecutor in place for said court date;

            NOW THEREFORE BE IT RESOLVED by the Englishtown Borough Council that the term of Richard Kelly as Municipal Prosecutor for the Borough of Englishtown is extended until such time as the Municipal Prosecutor for the term commencing in 2008 has been sworn in.

 

            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 Municipal Court, and the Borough Attorney.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-214

 

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:

 

Police Dept. - $2000.00

 

Purchased From:

Quality Communications

1985 Swarthmore Avenue

Lakewood, N.J. 08701

 

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/Carr

 

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

 

Tax Collectors Report                                    Month of November, 2007

 

                                                Taxes, 2008                                  $1,414.07

                                                Taxes, 2007                              $769,391.72

                                                Taxes, 2006                                 $ 9,002.66

                                                Interest                                         $ 3,637.90

                                                Duplicate Bill Fee                                $15.00

 

                                                Total Net                               $783,461.35

 

 

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 further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Robilotti.   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, contracts; 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/Simon 

 

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 8:12 P.M.

 

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

 

The time being 8:31P.M.

 

Adjournment

 

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

 

The time being  8:33 P.M.

 

 

January 23, 2008

Approved by Governing Body                                          Acting Municipal Clerk