** AGENDA **

 

May 23, 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 – April 25, 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.         Public Hearing 2007 Municipal Budget

 

9.         Old Business

 

A.        Ordinance No. 2007-06 – Public Hearing & Adoption

Amending Chapter 2.55 of the Borough Code Book

Entitled “Animal Control Regulations”

 

10.              New Business

 

A.                 Ordinance No. 2007-07 – First Reading & Introduction

Authorizing an Emergency Appropriation in Accordance with N.J.S.A. 40A:4-53 for the Preparation and Execution of a Complete Program of Revaluation of Real Property for the Use of the Local Assessor 

 

B.                 Resolution No. 2007-098

Authorizing the Englishtown Police Department Use of the East Brunswick Police Training Facility

 

C.                 Resolution No. 2007-099

Emergency Temporary Appropriations

 

D.                 Resolution No. 2007-100

Authorizing Approval of Department Requisitions

 

E.                  Resolution No. 2007-101

Authorizing Payment of Borough Bills

 

11.       Tax Collector’s Report – April 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.

  

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of  April 25, 2007 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:    None

                     Absent:    None   

                    Abstain:    None

 

Committee Reports

 

C/Leonardis

·        Committee Report emailed to Mayor and Council earlier this week; copies are available for public.

 

Mayor Reynolds asks Council if we should make it $50.00 or $100.00?

 

Consensus of Council to exempt approval process for purchase orders $100.00 and under.

 

Laurie Finger states we can amend the requisition list to include $162.00 for six additional flags.

 

C/Carr

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

C/Carr

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

 

C/Carr

 

Peter Gorbatuk

 

C/Carr

 

Peter Gorbatuk

 

C/Carr

 

Stuart Moskovitz states they actually had 45 days but were willing to do in 30 days, which is impossible because half of that period is necessary for settlement.

 

C/Carr

 

Mayor Reynolds asks Stuart Moskovitz to give Tom Herits a call.

 

Peter Gorbatuk

 

C/Carr

 

Mayor Reynolds asks that we add this to our notes.

 

Peter Gorbatuk

 

Discussion between Mayor Reynolds, Council and Stuart Moskovitz regarding Hot Dog Stand continues.

 

Consensus was taken and Council has voted unanimously not to have Hot Dog Stand on 20 Avenue in Englishtown.

 

C/Robilotti states that she attended the opening at Quick Check.  Spoke to CEO and he stated they would like to get involved in our community events.

 

 Public Portion – Agenda Items

 

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

 

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

 

Public Hearing – 2007 Municipal Budget

 

At this time Mayor Reynolds opens the floor to the public for any questions or comments on the 2007 Municipal Budget.

 

Mayor Reynolds states this year we have done some rearranging and cut some areas and there is a 0% increase to the taxpayers of Englishtown in the Municipal Budget. If anyone wants to look at the budget there is a copy available.

 

Lou Sarti, English Club Drive

 

Mayor Reynolds states we cut one position in the Public Works Department.  We did not add one matron position (special officer) in the Police Department.  We took action to petition to the state to take over our Code Officials.  The state requires we do an Ordinance.  The state has 120 days to look at our Ordinance and get back to us.  When this is done we will have the information to decide whether this is beneficial to us or not.

 

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

 

Brandon Neuhause, Boyscouts

 

Mayor Reynolds states at some point we would like to get sidewalks there.  We will have the Public Works Department go out and check potholes to see if they are on County roads or our roads.

 

Laurie Finger

 

Mayor Reynolds and Council thank Laurie Finger for her hard work on the budget.

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN              PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-06

 

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

 

            BE IT ORDAINED, by the Governing Body of the Borough of Englishtown, in the County of Monmouth and State of New Jersey that the following sections of the Borough Code Book be amended/supplemented as follows:

           

Chapter 2.55 Animal Control Regulations

            Section 2.55.02(F) Rabies Vaccination and License Requirements, be deleted in its entirety and replaced with the following (additions are underlined):

 

2.55.02(F) – The annual licensing fee for each neutered/spayed animal is ten dollars ($10.00) and for each non-neutered/non-spayed animal thirteen dollars ($13.00).  Persons who fail to obtain a license as required within the time specified in the section, will be subject to a fine of twenty five dollars ($25.00) per thirty (30) day period.

 

            This Ordinance shall take effect upon final passage and publication according to law.

 

Public Hearing

 

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

 

Stuart Moskovitz states the animal license fee will increase to $13.00, not $15.00.

 

Mayor Reynolds states the annual license fee for each neutered/spayed animal is $10.00 and each non neutered/spayed animal is $13.00.  Failure to obtain a license by July 1st will be subject to a $25.00 fine per thirty-day period.  Free Rabies shots for dogs/cats will be given on June 14th from 6:00pm to 7:30pm.

 

Richard Kozlowski, 14 Park Avenue

·        Is there anyway to put into the Ordinance a limit on the number of animals a person can have? I have a neighbor at 12 Park Avenue who has 12-14 animals of all kinds.

 

Mayor Reynolds asks if the Health Department has been notified?

 

Richard Kozlowski

·        The Board of Health has been to the property.

 

Mayor Reynolds states we will have our Code Official check the property for any violations.

 

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

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

 

Adoption

A motion to adopt Ordinance No. 2007.06, above titled, was offered by C/Carr and

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

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN              FIRST READING & INTRODUCTION

ORDINANCE NO. 2007-07

 

AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION IN ACCORDANCE WITH N.J.S.A. 40A:4-53 FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR.

 

BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey:

 

            Section 1.  Pursuant to N.J.S.A. 40A:4-53 (ch 48, P.L. 1956, as amended by ch. 144, P.L. 1965 and ch.38, P.L. 1969), the sum of $70,000 is hereby appropriated for the preparation and execution of a complete program of revaluation of real property for the use of the local assessor, and shall be deemed a special emergency appropriation as defined and provided for in N.J.S.A. 40A:4-55

 

            Section 2.  The authorization to finance the appropriation shall be provided for in succeeding annual budgets by the inclusion of at least 1/5 of the amount authorized pursuant to this act (N.J.S.A. 40A:4-55)

 

            Section 3.  This Ordinance shall take effect immediately upon its passage and publication according to law.

 

A motion to introduce the above titled Ordinance was offered by C/Soden and seconded by C/Robilotti.

 

C/Carr

·        Why is this an emergency?

 

Laurie Finger

·        This is a mandatory requirement from state when doing revaluation. 

 

C/Carr

·        Is the state going to fund the revaluation?

 

Laurie Finger

·        No, they require an Ordinance adopted by the Municipality stating that the money is going to be funded over the next five budget years.

 

First Reading and Introduction on Ordinance No.2007-07 was passed on the following roll call:

 

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

                 Nays:          None

              Abstain:          None

               Absent:          None

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-07 is scheduled for the June 13, 2007 Council Meeting, 7:30 p.m. at Borough Hall.

 

Borough of Englishtown

Resolution No. 2007-098

 

Authorizing the Englishtown Police Department's Use of the

East Brunswick Police Training Facility

 

            Whereas, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and

 

            Whereas, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.

 

            Now Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.

 

 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. 2007-099

 

Emergency Temporary Appropriations

 

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

 

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

 

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2007 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $ 445,622.50

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $ 40,622.50 as follows:

 CURRENT FUND

Group Insurance Other Expenses                                                          $20,000.00

Fire Official Other Expenses                                                                 $     500.00

Police Salary & Wages                                                                         $19,710.00  

Planning Board Other Expenses                                                            $     412.50

 

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

 

 

3.  That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

 

Offered By:                  C/Robilotti                            

 

Seconded By:               C/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. 2007-100

 

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 $10,479.49

are hereby authorized to be processed into purchase orders on May 23, 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/Leonardis    

 

Seconded By:               C/Carr

 

At this time the following amendment is made to Resolution 2007-100.

 

Laurie Finger

 

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

                  Nays:         None

              Abstain:          None

               Absent:          None

 

Borough of Englishtown

Resolution No. 2007-101

 

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 $384,397.59

                   are hereby authorized to be paid on May 23, 2007.

 

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

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

 

Offered By:                  C/Robilotti       

 

Seconded By:               C/Carr

 

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

                  Nays:         None

              Abstain:          None

               Absent:          None

 

At this time Resolution No. 2007-102 is added to the agenda.  Awaiting Resolution to be written by Borough Attorney.

 

Borough of Englishtown

Resolution No. 2007-102

 

Authorizing Emergency Purchases by Dept. Heads up to $100.00

With B.A. Approval

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

C/Carr

 

Mayor Reynolds states at the discretion of the Borough Administrator up to $100.00.

 

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

                  Nays:         None

              Abstain:          None

               Absent:          None

 

Tax Collector’s Report                      Month of April, 2007

 

                                    Taxes, 2007                            $458,751.51

                                    Taxes, 2006                             $23,625.27

                                    Interest on Taxes                         $3,571.16

                                    Duplicate Bill Fee                             $90.00

                                     Total                                       $486,037.94

                                               

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.

 

Tom Burrows, 38 Tennent Avenue

 

C/Soden suggests he call Administration tomorrow and ask for Peter Gorbatuk or Laurie Finger to see if it is the same company or not.

 

Tom Burrows

 

Mayor Reynolds states we will send out notices in our tax statements letting everyone know when they will be in their area to revaluate.

 

Isabella, Park Avenue

 

Mayor Reynolds states they have to revaluate all the properties so they will have to come back.

 

Stuart Moskovitz states they are obligated to make three attempts of getting you home, if all attempts fail they will estimate.

 

Lou Sarti, English Club Drive

 

 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 contracts, negotiations; 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/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 8:38 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 9:21 P.M.

 

Adjournment

 

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

 

The time being 9:22 P.M.

 

 

 June 13, 2007               

Approved by Governing Body