** AGENDA **

 

November 14, 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 – September 10, 2007 & September 26, 2007

 

5.            Committee Reports

 

6.            Correspondence

 

7.            Open Public Portion/Limited to Agenda Items Only

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

 

8.                  Old Business

 

A.                 Ordinance No. 2007-16 – Public Hearing & Adoption

Amending Chapter 2.89, Entitled “Littering”

 

B.                 Ordinance No. 2007-17 – Public Hearing & Adoption

An Uncodified Ordinance of the Borough of Englishtown Vacating

A Roadway Identified as “Davis Street”           

 

9.            New Business

 

A.                 Resolution No. 2007-173

Granting Approval for Raffle Application No. RA 2007-02

                                   

B.         Resolution No. 2007-174

            Rejection of Bid for Water Treatment Plant Modifications

  

C.        Resolution No. 2007-175           

            Authorizing the Execution of a Contract for Compaction Grouting Project on Main Street

 

D.         Resolution No. 2007-176

            Canceling General Capital Trust Fund Receivable Balances

 

E.         Resolution No. 2007-177

            Canceling General Capital Reserve Balance           

 

F.         Resolution No. 2007-178

            Canceling Sewer Capital Reserve Balance

 

G.        Resolution No. 2007-179

            Canceling Water Capital Reserve Balance

 

H.        Resolution No. 2007-180

            Canceling Community Development Block Grant

Receivable and Reserve Balance

 

I.         Resolution No. 2007-181

            Requesting Approval of Revenue and Appropriation NJSA 40A:4-87

 

J.         Resolution No. 2007-182

            Transfer of Retail Consumption Liquor License

 

K.        Resolution No. 2007-183

            Authorizing Purchases Over $800

            Police Dept. – Stationary Radar

 

L.         Resolution No. 2007-184

            Authorizing Purchases Over $800 – Holiday Hayride

 

M.       Resolution No. 2007-185

            Authorizing Purchases Over $800 – 2006 LOSAP Contribution

 

N.                Resolution No. 2007-186

Selling of Non-Functional Police Patrol Vehicle per NJSA 40A: 11-36

 

O.        Resolution No. 2007-187

            Authorizing Approval of Department Requisitions

 

P.         Resolution No. 2007-188

            Authorizing Payment of Borough Bills 

 

10.                         Tax Collector’s Report – September 2007 & October 2007

 

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

 

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

                  Absent:          C/Soden, C/Cooke

 

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 September 10, 2007 was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

 

C/Robilotti

 

Peter Gorbatuk, Acting Municipal Clerk

 

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

                      Nayes:            None

                     Absent:            C/Soden, C/Cooke

                    Abstain:            C/Leonardis

 

There being no corrections, deletions or additions, a motion to approve the Minutes of September 10, 2007 and September 26, 2007 was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:            None

                     Absent:            C/Soden, C/Cooke

                    Abstain:            C/Carr

 

Committee Reports

 

C/Leonardis

 

C/Robilotti

 

C/Carr

 

Mayor Reynolds asked to find out if we installed speed limit sign or the county, in the meantime have Rick Guffanti take care of hole and metal shard.

 

C/Carr

 

Laurie Finger, Borough Administrator

·        Asks C/Carr if she has heard anything from Chief Niziolek regarding emergency road closing plan.

C/Carr

·        I have not heard anything.

 

Discussion continues regarding coordinated efforts on who will call Transportation Department in the event access roads should be closed.

 

C/Simon  

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Quick Check and Mr. Menkov will be meeting this Friday, November 16th to discuss their issues.

·        A representative from Brandy Wine Assisted Living stopped by the Clerk’s office and presented a flier offering all Borough Employees a free pie for Thanksgiving. Laurie Finger, Borough Administrator and I discussed this and feel this could be an ethic situation.  We will be sending them a thank you letter and inform them that if they’d like, they can send one or two pies at lunch time before the holidays.

·        We should address Dangerous Dog Ordinance. As of today the owner of the dog has done everything needed to keep the dog at the residence.  The only thing missing is having the dog tattooed which will be done when we receive red-dog tag.  The red-dog tag will be mailed to us on November 23rd and should be received by the 26th,at which time the owner must have the tag number tattooed on the dog. This should be done for the December 5th court date.

 

Discussion between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney continued regarding dog. 

 

Peter Gorbatuk, Acting Municipal Clerk

·        Has the Council reviewed information on Parking Ordinance that was enclosed in their folders on October 16th regarding what streets would be affected, and identified by landmarks?

 

C/Leonardis

·        Feels that we need to clarify certain issues and discuss this further.

 

Discussion between Mayor Reynolds and Council continues regarding Parking Ordinance.

 

Mayor Reynolds asks Peter Gorbatuk to make a list of what the current restrictions are on the streets, suggested changes, and also identifies the respective side with a landmark.

 

Peter Gorbatuk, Acting Municipal Clerk

·        On November 1st we advertised in the Asbury Park Press RFP’s for our professionals with a deadline of November 30th.  We will need a committee to review replies once they start coming in.

 

 C/Carr and C/Robilotti volunteered to be on committee

 

·        Received call from the Planning Board attorney Joseph Youssouf stating Council should not be advertising RFP’s for Planning Board.

 

Laurie Finger, Borough Administrator

·        We will pass the RFP’s to the Planning Board?

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-16

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING CHAPTER 2.89, ENTITLED “LITTERING”

 

            WHEREAS, the governing body of the Borough of Englishtown has determined that it is desirous of amending its previously passed ordinances regarding littering in order to avoid unintended applications and consequences:

 

I.                   NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.89, entitled “LITTERING” of the Code of the Borough of Englishtown is hereby amended as follows:

 

A.                                        The following portion of Section 2.89.02, Definitions, currently part of the definition of “Littering” in section “a”, and contained within the brackets below, is hereby replaced:

 

[Littering shall also be defined as any printed material that is unsolicited and deposited on or around the premises of any residential property, including, but not limited to menus, newspapers, advertisements, regardless of content.  Excluded from the definition of Littering shall be the following:

 

1.      Newspapers or magazines that are being distributed by paid subscription, or by a request in writing signed by the owner or occupant of the residential property.

 

2.      Any printed material that is delivered by U.S. Mail, or an independent courier, such as FedEx, UPS, etc., or other service in the business of charging to deliver materials or product on behalf of unrelated businesses or persons.

 

3.      Goods specifically ordered by the owner or occupant of the residential property.

 

4.      Legal documents such as summonses, subpoena, court orders, official notices of violations, etc.]

 

B.            Section 2.89.04, entitled, “Placement” is hereby repealed.

 

C.            Section 2.89.05, entitled, “Rejection of Materials” is hereby repealed.

 

D.                        Section 2.89.06, of the existing Chapter 2.89 shall be renumbered to 2.89.04.

 

E.                         Section 2.89.07, entitled Penalties shall be renumbered to Section 2.89.05, and the language of such section shall be replaced in its entirety by the following:

 

a. Any violation of this ordinance shall be subject to a fine not to exceed $500.00 or imprisonment in the County Jail for a period not exceeding ninety (90) days, or both.

 

II.        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 or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions, 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.

 

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

offered by C/Robilotti and seconded by C/Leonardis.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2007-16, above titled, was offered by C/Simon and

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

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2007-17

 

AN UNCODIFIED ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

VACATING A ROADWAY IDENTIFIED AS “DAVIS STREET

 

WHEREAS, on an unfilled map entitled “Map of Property situated in the Borough of Englishtown and Township of Manalapan belonging to New Brunswick Heights Realty Company” dated March, 1932 and prepared by Mason & Smith Civil Engineers, 209 Madison Avenue, Perth Amboy, NJ, there is a designation of a dedicated street known as Davis Street;

 

WHEREAS, this same street existed on the tax maps of the Township of Manalapan until vacated on February 13, 1975;

 

WHEREAS, given the location of this designated street, including the vacation of that Street in the adjoining municipality, it is clear that the Borough of Englishtown can not Utilize this street in any manner; and

 

WHEREAS, the designation remains as a cloud on the title of the land for Block 7.01, Lots 5 & 6 in the Borough of Englishtown, property located on Wilson Avenue; and

 

WHEREAS, the governing body of the Borough of Englishtown wisher to clear the title Of this land so that its owner can develop it in a manner that is advantageous to the community;

 

I.          NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that in accordance with N.J.S.A. 40:67-1 (b), that the designation of Davis Street as shown for Block 7.01, Lots 5 & 6, is hereby vacated, and without regard to whether such street was ever accepted by the Borough or dedicated for public use, and by so doing does hereby release all public rights resulting from any dedication of lands whether or not accepted by the Borough; and

 

II.         BE IT FURTHER ORDAINED by the Borough Council of the Borough of Englishtown that all rights and privileges currently possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the “Cable Television Act,” P.L. 1972, c. 186 (C.48:5A-1 et seq.) to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, are hereby reserved and excepted from this vacation.

 

III.       All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.

 

IV.       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.

 

V.        This ordinance has the full effect and weight of law, notwithstanding the fact that it is not to be indexed and set forth in the Codified Law of the Borough of Englishtown.

 

VI.      This ordinance shall take effect upon passage and publication in accordance with

applicable law.

 

Public Hearing

 

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

 

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

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

 

Adoption

 

A motion to adopt Ordinance No. 2007-17, above titled, was offered by C/Carr and

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

 

Offered By:                  C/Carr

 

Seconded By:               C/Simon

 

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

                  Nays:         None

              Abstain:          None

               Absent:          C/Soden, C/Cooke

 

New Business

                                                                       

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-173

 

RESOLUTION OF THE MAYOR AND GOVERNING BODY

GRANTING APPROVAL FOR RAFFLE APPLICATION NO. RA 2007-02

 

            WHEREAS, the Knights of Columbus, Council #5903 has applied to the Governing Body of the Borough of Englishtown for a raffle license for December 17, 2007; and

 

            WHEREAS, the Knights of Columbus, Council #5903 has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

 

            WHEREAS, the Mayor and Governing Body of the Borough of Englishtown finds that the Knights of Columbus, Council #5903 is a qualified applicant and the members of the Knights of Columbus, Council #5903 are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

 

            WHEREAS, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

 

            WHEREAS, there is satisfactory proof that the Knights of Columbus, Council #5903 will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

            WHEREAS, The Knights of Columbus, Council #5903 has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2007-02 for the Knights of Columbus, Council #5903 be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and

 

            BE IT FURTHER RESOLVED, that a copy of Raffle License RA2007-02 be forwarded by the Acting Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

 

BE IT FURTHER RESOLVED, on the fifteenth day after Raffle Application No. RA2007-02 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2007-02 may be issued to the Knights of Columbus, Council #5903 and copies of said license shall be distributed to the Licensee, the Acting Municipal Clerk, and the Borough of Englishtown Police Dept.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Robilotti

 

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

                  Nays:          None

              Abstain:          None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-174

 

RESOLUTION REJECTING BIDS FOR WATER

TREATMENT PLANT MODIFICATIONS

 

            WHEREAS, The Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey received bids for Water Treatment Plant Modifications – Upgrade of Lime Tanks, on September 21, 2007; and

 

            WHEREAS, only one bid was received by Electrical Design & Construction Corp. in the amount of $71,800.00; and

 

            WHEREAS, Electrical Design & Construction Corp.’s bid substantially exceeds the money allocated in the 2007 Water Operating Budget for said project; and

            WHEREAS, in light of the facts, the Water Superintendent has recommended that the Borough Council reject the bid received from Electrical Design & Construction Corp.; and

 

            WHEREAS, the Mayor and Council has decided that at this time, because of funding problems, they will not be proceeding with this project this budget year.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey concurring with the recommendation of the Water Superintendent that the bid is hereby rejected.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Robilotti

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-175

 

RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT

FOR COMPACTION GROUTING ON MAIN STREET

 

            WHEREAS, Englishtown Borough has found a need to pressure grout a void underneath the intersection of Main Street and Water Street; and

 

            WHEREAS, the Borough advertised for bids, and received proposals on September 21, 2007 at 11:00 A.M., in the Borough’s offices, for the Project; and

 

            WHEREAS, MS Lumbee Contractors, of Baltimore, Maryland was determined to be the lowest responsible bidder after careful review of all of the bids submitted, with a total bid amount of $24,600.00; and

 

            WHEREAS, MS Lumbee Contractors is hereby awarded the contract in accordance with their bid; and

 

            WHEREAS, the following project was submitted to the Chief Financial Officer for Certification of Funds and the Chief Financial Officer certifies that appropriate funds totaling $24,600.00 are available for this project.

 

            NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute a contract with MS Lumbee Contractors of Baltimore, Maryland, in the amount of $24,600.00, for the Compaction Grouting under Main Street/Water Street in a form consistent with the language of the bid proposal.

 

            BE IT FURTHER RESOLVED, that the contract is conditioned upon the Borough Attorney’s review and approval of the contract document.

 

            BE IT FURTHER RESOLVED, that the Clerk’s Office is authorized to forward a copy of this Resolution to the Borough Attorney, the Borough Engineer, MS Lumbee Contractors, and the Borough’s Chief Financial Officer.

 

Offered By:                  C/Carr

                                   

Seconded By:                C/Simon

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-176

 

RESOLUTION CANCELING GENERAL CAPITAL TRUST FUND

RECEIVABLE BALANCES

 

            WHEREAS, a receivable balance of $100,027.57 entitled Due from State of NJ Department of Transportation Municipal Aid Program which remains on the General Capital Trust Fund balance sheet dedicated to Road Reconstruction has expired prior to June 1, 2007; and

           

            WHEREAS, said project is now complete and it is necessary to formally cancel the receivable balance; 

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the following General Capital Trust Fund receivable balance be canceled:

 

MUNICIPAL AID TITLE                                                   AMOUNT CANCELLED

 

Receivable – Due from State of NJ                                                    $ 36,169.82

Various Road Reconstruction         

Receivable – Due from State of NJ                                                    $ 38,108.59

Harrison Avenue Reconstruction

Receivable – Due from State of NJ                                                    $ 25,749.16

Water Street Reconstruction

 

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Carr

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-177

 

RESOLUTION CANCELING A GENERAL CAPITAL RESERVE BALANCE

 

            WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now complete; and

 

            WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorization may be canceled;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following unexpended and dedicated balances of General Capital Appropriations be canceled:

                                                                                                  Amount Canceled

Ord No.   Date Auth.       Project                                                 Funded           Unfunded

1988-01   12/06/88                 Acquisition of Property                   $43,237.10

1990-01     1990          Reconstruction Lasatta Ave                       $  5,000.00

1995-09   07/12/95              Reconstruction South Main St            $  1,463.28

1997-06   07/23/96            Reconstruction Sidewalks & Curbs      $29,156.50

1998-13   09/09/98            Reconstruction Hamilton Street            $  2,887.00

1999-01   02/10/99            Construct Public Works Garage           $25,431.91

2000-08   09/27/00            Reconstruction Center St                      $     502.50

2001-04   09/12/04            Purchase Leaf Vacuum                         $     125.00

2002-02   03/16/02            Reconstruction Harrison Ave                $60,194.50

2004-06   08/20/06              Reconstruction Water Street               $25,000.00     $16,160.60

 

Total Reserve Balance Canceled                                           $192,997.79     $16,160.60

 

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Robilotti

 

Seconded By:                C/Leonardis

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-178

 

RESOLUTION CANCELING A SEWER CAPITAL RESERVE BALANCE

 

            WHEREAS, certain Sewer Capital Improvement appropriation balances remain dedicated to projects now complete; and

 

            WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorization may be canceled;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following unexpended and dedicated balances of Sewer Capital Appropriations be canceled:

                                                                                                       Amount Canceled

Ord No.   Date Auth.       Project                                                              Funded          

1977-01    1977             Sanitary Sewer Lines                                       $  8,556.37

2004-02    04/14/04            Refund of Bonds                                         $10,479.31

 

Total Reserve Balance Canceled                                                       $19,035.68    

                       

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Robilotti

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-179

 

RESOLUTION CANCELING A WATER CAPITAL RESERVE BALANCE

 

            WHEREAS, certain Water Capital Improvement appropriation balances remain dedicated to projects now complete; and

 

            WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorization may be canceled;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following unexpended and dedicated balances of Water Capital Appropriations be canceled:

                                                                                                       Amount Canceled

Ord No.   Date Auth.       Project                                                    Funded          Unfunded                  

1996-06    1996              Purchase of Truck                                $  3,760.00

2002-07   07/10/02            Rehab & Paint Water Tank                                        $  2,417.24

2004-02    04/14/04            Refund of Bonds                              $  7,374.98

 

Total Reserve Balance Canceled                                            $11,134.98       $  2,417.24    

                       

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Carr

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-180

 

RESOLUTION CANCELING A COMMUNITY DEVELOPMENT

BLOCK GRANT RECEIVABLE AND RESERVE BALANCE

 

            WHEREAS, a receivable balance of $0.16 entitled Due from Housing and Urban Development Grant Program which remains on the Trust Fund balance sheet dedicated to a community development block grant has expired prior to December 31, 2006; and

 

            WHEREAS, it is necessary to formally cancel the receivable balance and it’s offsetting appropriation reserve balance from the balance sheet;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following unexpended and dedicated balances be canceled:

 

GRANT TITLE                                                                      AMOUNT CANCELLED

 

Receivable – Due from Housing & Urban Development                $   0.16

Community Development Block Grant

 

Reserve – Community Development Block Grant                          $   0.16

 

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Simon

                                   

Seconded By:               C/Robilotti

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-181

 

RESOLUTION REQUESTING APPROVAL OF REVENUE

AND APPROPRIATION N.J.S.A. 40A:4-87

 

            WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of the county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

 

            WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount,

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown in the County of Monmouth, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of $8,000.00, which is now available from the Department of Community Affairs Smart Future 2006 Program as a Sub-Award in the amount of $8,000.00.

            BE IT FURTHER RESOLVED, that the like sum of $8,000.00 is hereby appropriated under the caption Smart Future Planning; and

 

            BE IT FURTHER RESOLVED, that the above is the result of funds as a Sub-Award from the College of New Jersey Smart Future Grant Award from the State of New Jersey, Department of Community Affairs, Office of Smart Growth in the amount of $20,000.00.

 

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Carr

 

Seconded By:               C/Leonardis

 

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

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-182

 

  TRANSFER OF RETAIL CONSUMPTION LIQUOR LICENSE

 

            WHEREAS, Vrajdahish, Inc., has applied for a person to person transfer of a plenary retail distribution liquor license from Gajanand Corporation, trading as Englishtown Liquors;

 

            WHEREAS, the Borough of Englishtown approved this license transfer on September 10, 2007, by resolution, contingent on the final approval by the Chief of Police of the Borough of Englishtown and Chief Niziolek completed his review and issued a report finding no reason to impede the sale or transfer of the license;

 

            WHEREAS, the attorney for the applicant has advised that closing of the liquor license transfer is tentatively scheduled for November 15, 2007;

 

            WHEREAS, the Borough, having previously approved the application with the condition that Chief Niziolek issue a report finding no negative impediment to the sale, no longer has any reason not to fully approve the transfer unconditionally:

 

            NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council that the person to person transfer of a plenary retail distribution liquor license from Gajanand Corporation, to Vrajdahish, Inc., is approved unconditionally, premised on the inclusion within the application for all purposes of the lease agreement, comments by the applicant’s attorney, and addendum to the contract of sale referenced hereinabove as if attached to the initial application.

 

            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 Applicant, and the Borough Attorney.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-183

 

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. – Stalker II Stationary Radar - $1,495.00

 

Purchased From:

Applied Concepts, Inc.

2609 Technology Drive

Piano, TX 75074

 

            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/Leonardis

 

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

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-184

 

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:

 

Holiday Hayride – Horse & Carriages - $1300.00

 

Purchased From:

A & T Stables

46 Bennett Mills Road

Jackson, N.J.  08527

 

            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/Simon, C/Carr, C/Robilotti, C/Leonardis

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-185

 

AUTHORIZATION OF PURCHASES OR SERVICES OVER $800

 

            WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

2006 LOSAP Contribution             - $4100.00

(41 members of the First Aid Squad

Purchased From:

Lincoln Financial Advisors

395 W. Passaic Street

4th Floor

Rochelle Park, N.J.  07662-3016

 

            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/Simon, C/Carr, C/Robilotti, C/Leonardis

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

 BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-186

 

SELLING OF NON FUNCTIONAL POLICE PATROL VEHICLE

PER N.J.S.A. 40 A: 11-36 (2)

 

WHEREAS, the Borough of Englishtown is in possession of a 2001 Ford Crown Victoria Police Patrol Vehicle, V.I.N.# 2FAFP71W9X165782; and

 

WHEREAS, this Police Patrol Vehicle is in the need of major repair work on the engine and transmission; and

 

WHEREAS, this Police Patrol Vehicle is no longer functional, nor can it demand book value; and

 

WHEREAS, per N.J.S.A 40: 11-36 (2) the estimated sale value will not exceed $3,150, and advertisement is not required when a sale made to the United States, the State of New Jersey, another contracting unit, or any body, politic to which it contributes tax raised funds.

 

NOW, THEREFORE BE IT RESOLVED, the Police Patrol Vehicle shall be sold to the Borough of Englishtown Fire Department for the sum of $1.00 for the purpose of training exercises for drill extractions,

 

BE IT FURTHER RESOLVED, the Borough of Englishtown Fire Department shall be responsible to legally, and safely remove this vehicle from the premises of 15 Main Street at no cost to the Borough of Englishtown.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-187

 

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 $41,156.42

            are hereby authorized to be processed into purchase orders on November 14, 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/Simon, C/Carr, C/Robilotti, C/Leonardis

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-188

 

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 $350,554.75

                   are hereby authorized to be paid on November 14, 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/Robilotti

 

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

                 Nays:               None

             Abstain:               None

              Absent:               C/Soden, C/Cooke

 

Tax Collectors Report                        Month of September, 2007

 

                                                            Taxes, 2008                $0

                                                            Taxes, 2007                $42,723.96

                                                            Interest on Taxes            $     789.97

                                                           

                                                            Total                            $43,513.93   

 

                                                            Month of October, 2007

 

                                                            Taxes, 2008                $         52.05

                                                            Taxes, 2007                $347,772.35

                                                            Taxes, 2006                $         82.84

                                                            Interest on taxes            $    1,475.47

                                                            Duplicate Bill Fee            $         60.00

 

                                                            Total, 2007                $349,441.70

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.

 

Lois, One Park Ave

 

Mayor Reynolds states there is a specific time frame and would have to come before Council to get an extension.

 

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

 

Executive Session

 

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

 

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

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A.

10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:                   C/Carr

 

Seconded By:               C/Simon

 

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

                   Nays:          None

                Absent:          C/Soden, C/Cooke

               Abstain:           None

 

The time being 8:40  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 9:04 P.M.

 

Laurie Finger, Borough Administrator

 

Stuart Moskovitz, Borough Attorney

 

C/Simon

 

Laurie Finger, Borough Administrator

 

Adjournment

 

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

 

The time being   9:17 P.M.

 

 

December 17, 2007

Approved by Governing Body                                          Acting Municipal Clerk