** AGENDA **

 

February 28, 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 – December 18, 2006 & January 4, 2007

 

5.         Committee Reports

 

6.         Correspondence

 

7.                  Continuation of Public Hearing - Transfer of Liquor License – Pop Pop Enterprises, Inc./Project Expeditors

 

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. 2007-02 – Public Hearing & Adoption

Amending the Borough Code Book, Chapter 2.126 Entitled “Water” and Chapter 2.106 Entitled “Sewer”

 

10.       New Business:

 

A.                 Resolution No. 2007-052

2007 Temporary Operating Budget

 

B.         Resolution No. 2007-053

Authorizing Signing Professional Contracts

 

C.        Resolution No. 2007-054

Designating the month of March as “Women’s History Month”

 

D.        Resolution No. 2007-055

Authorizing Approval of Department Requisitions

 

E.         Resolution No. 2007-056

Authorizing Purchases Over $800

Additional Tax Appraisal Services – Liberty Manor

 

F.         Resolution No. 2007-057

Authorizing Payment of Borough Bills

 

G.                 Resolution No. 2007-058

Rejecting Quotes for Void Grouting

 

11.       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.

           

            12.       Executive Session

 

            13.       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, 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 December 18, 2007 and January 4, 2007 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

C/Robilotti

 

Mayor Reynolds responds we can add this to our Discussion Item List.

 

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

                      Nayes:    None

                     Absent:    None

                    Abstain:    None

 

Mayor Reynolds states at our last meeting we had a motion for a resignation, that resignation has been withdrawn and no action has been taken.

 

C/Soden states for the record “I Harry Soden withdraw my letter of resignation”.

 

Stuart Moskovitz, Borough Attorney states the letter of resignation was not properly filed therefore was not official.

 

Committee Reports

 

C/Leonardis

·        Reads aloud Department of Public Works monthly report.  A copy of report is available for Council.

·        There have been some complaints regarding major roadways being plowed quicker than cul-de-sacs. We have a limited number of trucks and our priority is to have major roadways cleared for emergency vehicles first. There have been complaints about county roads not being cleared but that is not our jurisdiction.

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

Mayor Reynolds asks if the Stormwater Management Plan was approved last night.

 

C/Soden states yes.

 

C/Carr

·        Did  Jersey Central Power and Light get back to us regarding Pole in front of my house?

 

Peter Gorbatuk, Acting Municipal Clerk

·        They have not.

·         I do have a contact person and a second message has been sent.  Unfortunately it would depend on the weather as to how quickly they can get out here to inspect pole. They are replacing poles that have been knocked down due to accidents.

 

C/Carr

·        The pole is dry and so is the sidewalk around it. When the pole hits my house it will be a major lawsuit because I have been asking for at least six months.

 

Mayor Reynolds asks if we communicated to them in writing and not just by telephone?

 

Peter Gorbatuk

·        No, only by telephone.

 

Mayor Reynolds asks that we send a letter to JCPL.

 

C/Carr

 

C/Leonardis

 

C/Carr

 

C/Simon

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Letter received dated February 22, 2007 from New Jersey State League of Municipalities on behalf of the Department of Community Affairs, Division on Women requesting the Borough of Englishtown to pass a resolution designating the month of March as Women’s History Month. This resolution is on tonight’s agenda.

·        The bid opening for RFP’s for revaluation firms took place on February 27, 2007 at 11:00AM. We had three bidders, the first was Tyler Technologies of Tolland, Connecticut $82,400, the second was Renwick & Associates of Mapleshade, New Jersey $76,500, and the third was Certified Valuations Incorporated of Randolph, New Jersey $66,355. These RFP’s have been forwarded to Attorney Moskovitz for review.

·        At the February 12th meeting C/Leonardis stated that Rick Guffanti, DPW Supervisor suggested sending meeting packets via email has there been any consensus on that?

 

Mayor Reynolds states this is on the Discussion Items List.

 

Continuation of Public Hearing – Transfer of Liquor License

Pop Pop Enterprises, Inc./Project Expeditors

 

Mayor Reynolds request motion to open the continuation of the Public Hearing of the Transfer of Liquor License of Pop Pop Enterprises/Project Expeditors.

A motion to continue Public Hearing of the Transfer of Liquor License of Pop Pop Enterprises/Project Expeditors until March 28, 2007 was offered by C/Soden and seconded by C/Simon.

C/Leonardis

·      Why are we continuing Public Hearing on March 28th?

 

Stuart Moskovitz

·      Rather than have a Pocket License we are giving them time to find an actual use for the license which would be beneficial to the Borough.

 

C/Leonardis

·      Who is looking to find an actual use for the license.

 

Stuart Moskovitz

·      The  proposed purchaser of the liquor license.

 

C/Carr

·      She is actively looking to place the liquor license.

·      She was asked to place the liquor license immediately in a small space so that the license is reactivated and we have a longer period of time than we do now as a pocket license.

·      She will eventually sell it to a larger corporation.

 

Mr. Maggio

·      Needs to fill out petition with State Department and with the ABC and he can still hold license.

·      Feels he can keep the old license and file for another extension.

 

Stuart Moskovitz

 

Mr. Maggio

 

C/Carr

 

Mr. Maggio

 

Mayor Reynolds states you still need to be approved by this council.

 

C/Leonardis

 

C/Carr

 

Mayor Reynolds states no more than three members of Council could be there or meeting would have to be advertised as Public Meeting of Council. 


C/Leonardis

 

Mayor Reynolds asks if there are going to be any additional meetings with Economic Committee?

 

C/Carr

 

Mayor Reynolds asks that when the next meeting with purchaser of liquor license is scheduled can Council Members be notified and given opportunity to attend.  If more than three Members of Council attend we will then advertise.

 

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. 2007-02

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.106, ENTITLED “SEWER” AND 2.126, ENTITLED “WATER”

 

WHEREAS, the governing body of the Borough of Englishtown has determined that certain corrections are needed in the language of the Code with respect to general billings for sewer and water service:

 

WHEREAS, the governing body of the Borough of Englishtown has determined specifically that there there exists a need to reduce the time periods for acting on defaulted payments:

 

I.          Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.106, entitled “Sewer” of the Code of the Borough of Englishtown is hereby amended as follows:

 

§2.106.14.2 entitled “Rates and Charges; Failure to make payment” is hereby amended so that the third sentence shall state:

 

If the account ages seventy-five (75) days, final notice will be sent by certified mail stating that if the account is not paid within ten days the water will be shut off and/or disconnected at the owner’s expense and at the Borough of Englishtown’s option.

 

II.        Be it further ordained that Chapter 2.126, entitled “Water” of the Code of the Borough of Englishtown is hereby amended as follows:

 

§2.126.11.E.(4) is hereby amended so that the third sentence shall state:

 

If the account ages seventy-five (75) days, final notice will be sent by certified mail stating that if the account is not paid within ten days the water will be shut off and/or disconnected at the owner’s expense and at the Borough of Englishtown’s option.

 

III.       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 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/Simon.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2007-02, above titled, was offered by C/Soden and

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

 

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

 

New Business

 

Borough of Englishtown

Resolution No. 2007-052

 

2007 Temporary Operating Budget

 

Whereas, Section 40A:4-19 of the revised Statutes of the State of New Jersey provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2007 Municipal Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and

 

Whereas, the Director of the Division of Local Government Services authorized in Local Finance Notice 2007-2 dated January 12, 2007 that the Governing Body may, by resolution, adopt by Feb. 28, 2007 to increase it’s temporary budget by 1/12th ; and

 

Whereas, the total appropriations in the 2006 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, is $2,667,457.11; and

 

Whereas, 1/12th of the total appropriations in the 2006 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, in said 2006 Municipal Budget is $222,287.33; and

 

Whereas, the 2007 temporary operating budget was adopted by Resolution Number 2007-027, adopted on January 4, 2007 in the amount of $699,037.25;

 

Now, Therefore, Be It Resolved, that the total 2007 temporary operating budget be increased to the amount of $920,850.25 and attached appropriations be made.,

 

Be It Further Resolved that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.

 

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. 2007-053

 

Authorizing Signing Professional Contracts

                            

Whereas, professional contracts have been submitted to the Borough of Englishtown Council; and

 

Whereas, the members of Council now approve the following contracts.

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Borough Clerk to execute the contracts for professional services for:

 

             Bond Counsel              Dilworth Paxson

             Prosecutor                   Richard Kelly

             Auditor                        Eugene M. Farrell

             Engineer                      Thomas J. Herits          

 

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. 2007-054

 

Resolution Designating the Month of March as

“Women’s History Month”

 

            Whereas, New Jersey women of every race, class, and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways; and

 

            Whereas, New Jersey women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home; and

 

            Whereas, New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State; and

 

            Whereas, New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State; and

 

            Whereas, New Jersey women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and

 

            Whereas, New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and

 

                Whereas, despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and

 

            Whereas, the Department of Community Affairs, specifically the Division on Women’s goals are to remember and celebrate New Jersey women and to:

·        Ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.

·        Identify, implement, measure and coordinate programs that address the needs of NJ women.

·        Engage in continuous study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations.

 

Now Therefore Be It Resolved, by the Governing Body of the Borough of Englishtown, State of New Jersey, that March 2007 is designated as “Women’s History Month – Generation of Women Moving History Forward”.

 

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. 2007-055

 

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 $2,309.57

are hereby authorized to be processed into purchase orders on February 28, 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/Carr

 

Seconded By:               C/Simon

 

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

                  Nays:         None

              Abstain:          None

               Absent:          None

 

Borough of Englishtown

Resolution No. 2007-056

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:

Liberty Manor Assisted Living Facility

Additional Tax Appraisal Services - $1000.00

Services From:

Stuart Appraisal Company, Inc.

45 East Main Street

Suite 207

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/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. 2007-057

 

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 $269,062.72

                   are hereby authorized to be paid on February 28, 2007.

 

3.        The Borough Clerk is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered By:                  C/Simon          

 

Seconded By:               C/Robilotti

 

C/Leonardis

 

C/Robilotti

 

C/Leonardis

 

Mayor Reynolds states the issue here is that someone is out on disability, we have officers in court, officers taking people to other counties.  Mayor Reynolds goes on to read monthly Police Activity Report.

 

C/Leonardis

 

Mayor Reynolds asks if Manalapan can give us assistance?

 

Chief Niziolek

 

Chief Niziolek states some reasons why State Troopers cannot always give assistance:

 

Chief Niziolek states that we have had two officers backed up on calls for a couple of hours and actually called State Troopers for assistance and by the time the officers were finished with what they were doing the State Troopers still hadn’t shown up. 

 

Discussion continues between Mayor Reynolds, Council Members and Chief Niziolek.

 

C/Carr

 

Laurie Finger

 

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. 2007-058

 

Resolution Rejecting Quotes For Void Grouting

 

            Whereas, the Borough of Englishtown desires to pressure grout a void underneath the intersection of Main Street and Water Street; and,

 

            Whereas, Resolution #2006-153 adopted by Mayor and Council on September 27, 2006 authorized the Borough Engineer to prepare bid documents for said Project;

and,

            Whereas, the Borough Engineer received quotes on January 24, 2007 from three (3) prospective bidders; and,

 

Whereas, two (2) lowest bidders were qualified as non-responsive and the third bidder was too high in price;

           

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that all quotes be rejected and the Borough Engineer is hereby authorized to re-bid said Project.   

 

Offered By:                  C/Soden

           

Seconded By:               C/Simon 

 

C/Carr

 

Stuart Moskovitz

 

Mayor Reynolds asks if we went out for quotes or bids?

 

Laurie Finger

 

Mayor Reynolds states that when we go out for quotes we have to meet the minimum requirements of quotes, bidding is a different set of requirements.

 

Stuart Moskovitz

 

Mayor Reynolds asks if we advertised and what was the cost?

 

Laurie Finger

 

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

                     Nays:      None

                 Abstain:       None

                  Absent:       None

 

Public Portion

 

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

 

Ron Parker, 4 Raymond Court

 

Mayor Reynolds responds it will be discussed in Executive Session.

 

C/Carr

This would also put us in a position to make sure the ice was safe.

 

C/Cooke

C/Simon

 

C/Carr

 

C/Cooke

 

Mayor Reynolds responds we need to access the cost for training and equipment.

 

Ron Parker

 

Mayor Reynolds states if an officer has to go out and rescue someone his life is at risk if he doesn’t have the proper training or equipment.  There are a lot of issues that need to be discussed.  If we are going to allow skating we want to do it right.

 

C/Carr

 

Mayor Reynolds states the Council and myself do not have an issue with the skating we want to make sure it is safe, limit our liability, and make sure we give our Police Officers and Fire Department the proper training and equipment. 

 

Mayor Reynolds goes through Discussion Items List:

 

Laurie Finger asks if we should contact JCP& L regarding house on Harrison Ave.

 

Mayor Reynolds responds yes, we need to call and follow-up with a letter.

 

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

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, and litigation;

 

            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/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:        None

                Absent:         None

               Abstain:         None

 

The time being 8:25 P.M.

 

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

 

The time being 10:26 P.M.

 

Adjournment

 

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

 

The time being 10:32  P.M.

 

 

 

March 28, 2007           

Approved by Governing Body