** AGENDA **

 

October 10, 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 – August 22, 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. 2007-15 – Public Hearing & Adoption

Bond Ordinance Providing for the Reconstruction of Dey Street From Harrison Avenue to Main Street

 

9.            New Business

 

A.         Ordinance No. 2007-16 - First Reading & Introduction

            Amending Chapter 2.89, Entitled “Littering”

                       

B.         Ordinance No. 2007-17 – First Reading & Introduction

            An Uncodified Ordinance of the Borough of Englishtown Vacating

            A Roadway Identified as “Davis Street”           

 

C.        Resolution No. 2007-171           

            Authorizing Approval of Department Requisitions

 

 D.         Resolution No. 2007-172

            Authorizing Payment of Borough Bills

 

10.       Public Portion

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

           

11.       Executive Session

 

12.        Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:32 P.M.

 

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

                  Absent:            C/Simon*

 

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 August 22, 2007 was offered by C/Carr and seconded by C/Leonardis. 

 

Peter Gorbatuk, Acting Municipal Clerk

 

Passed on the following roll call:

 

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

                Nayes:    None

                     Absent:    C/Simon         

                    Abstain:    None

 

*C/Simon arrives at 7:47 P.M.

 

Committee Reports

 

C/Leonardis

·        Committee reports were emailed to Mayor Reynolds and Council; copies are available for the public.  Potholes repaired in last two weeks. Spent time preparing for Fall Festival which Kurt and Justin worked.  Purchased Asphalt mix for winter; used money left from 2000 Grant.  Details in attached worksheets.

 

C/Cooke

 

Mayor Reynolds inquires whether there would be prizes.

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

C/Carr

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to make a schedule so the employees can see what sessions they would like to attend.

 

C/Carr

 

Mayor Reynolds asks that a memo be sent to Chief Niziolek asking him to contact the Chief of Manalapan so they can coordinate a plan of communication in case of another incident where a street needs to be closed.

 

C/Carr

·        Would also like to meet with Fire Chief to see if we can establish a backup plan.

·        Pat Wojnas is on vacation October 11th and 12th.  The court to date has taken in $114,172.00.  Police Activity Report total calls were 342 which 86 were motor vehicle stops and 207 were routine calls.  Copies of report are available. There was 4 hours of overtime for arrests and investigations.

·        I have asked the Chief to do a printout comparison for the last two years of overtime, which is as follows: January-September of 2005 was 1000.5 hours overtime.  January-September 2006 was 920.5 hours and January-September 2007 was 528.5.  Overtime hours have been cut in half.

·        Reads aloud letter from Chief Niziolek regarding computer.  Would like consensus from Council to purchase a lower priced laptop to utilize for required N.I.M.S. Training from Staples priced at $699.99 with a $50.00 rebate.  This would leave enough money to complete any training for the remainder of the year. Council consensus is unanimous.

·        Chief Niziolek has put in requisitions to order new Police Vehicle, Metal Detector and Dolly.

 

C/Simon 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

 

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.

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

BOND Ordinance No. 2007-15

BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF DEY STREET FROM HARRISON AVENUE TO MAIN STREET, APPROPRIATING $230,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $68,500 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY

BE IT ORDAINED by the BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

           Section 1.                                The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Borough of Englishtown, in the County of Monmouth, New Jersey (the “Borough”).  For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $230,000, said sum being inclusive of all appropriations heretofore made therefor and including $150,000 grant funds expected to be received from the New Jersey Department of Transportation and the sum of $11,500 down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A-2-1 et seq. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more of the previously adopted budgets.

Section 2.         In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $68,500, pursuant to the Local Bond Law.  In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3.         (a)  The improvements hereby authorized and the purposes for which the obligations are to be issued consist of the reconstruction of Dey Street from Harrison Avenue to Main Street, together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Acting Municipal Clerk, as finally approved by the governing body of the Borough.

(b)  The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $68,500, as stated in Section 2 hereof.

(c)  The estimated cost of the improvements or purposes described in Section 3(a) hereof is $230,000, which is equal to the amount of the appropriation herein made therefor.  The excess of the appropriation of $230,000 over the estimated maximum amount of the bond or notes to be issued therefor being the amount of funds expected to be received from the New Jersey Department of Transportation and the $11,500 down payment for said purposes.

Section 4.         All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Borough, provided that no note shall mature later than one (1) year from its date.  All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5.         The following additional matters are hereby determined, declared, recited and stated:             

(a) The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Borough may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

(b)  The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is fifteen (15) years.

(c)  The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Municipal Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such Statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the $68,500 Bonds and notes provided in this bond ordinance and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)  An aggregate amount not exceeding $60,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.

(e)  To the extent that moneys of the Borough are used to finance, on an interim basis, costs of said improvements or purposes, the Borough reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto.

           Section 6.                   The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Municipal Clerk and is available there for public inspection.

           Section 7.                   Any grant or similar moneys from time to time received by the Borough for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.

           Section 8.                   The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and, unless paid from other sources, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount.

           Section 9.                   This bond ordinance shall take effect twenty (20) Days after the first publication thereof after final adoption, as provided by the Local Bond Law.

 

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled Bond 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 Bond Ordinance No. 2007-15, 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                 FIRST READING & INTRODUCTION

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.

 

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

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

C/Carr

·        Can we approach this in another manner perhaps set up a meeting with the papers and let them know we are not looking to get rid of their newspaper but looking to resolve this issue.

 

Mayor Reynolds states we can set up a meeting with them and resolve this issue and satisfy the municipality and the newspapers.

 

Wayne Krawiec, 31 Lasatta Avenue

·        The only paper that I see we are having a problem with is the News Transcript. I pick them up throw them in the yards and they end up on the street again.

 

Mayor Reynolds responds they will be the first clients we contact.

C/Carr

Peter Gorbatuk, Acting Municipal Clerk

·        We will contact them.

 

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. 2007-16 is scheduled for the November 14, 2007 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

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.

 

A motion to introduce the above titled Ordinance 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

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-17 is scheduled for the November 14, 2007 Council Meeting, 7:30 p.m. at Borough Hall. 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-171

 

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 $2,324.87

are hereby authorized to be processed into purchase orders on October 10, 2007.

 

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

Minutes Book following the minutes of this meeting all of the said requisitions hereby authorized to be processed into purchase orders.

 

Offered by:                   C/Simon

 

Seconded by:               C/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. 2007-172

 

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 $311,808.61

                   are hereby authorized to be paid on October 10, 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/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.

 

Elizabeth Klein, 58 English Club Drive

 

C/Cooke

 

There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti 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 ELON litigation, Bidding Process, R.F.P’s, and Parking Ordinance Amendments;

 

            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/Robilotti

 

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

                   Nays:          None

                Absent:          None

               Abstain:          None

 

The time being  8:00 P.M.

 

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

 

The time being    8:27 P.M.

 

Adjournment

 

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

 

The time being  8:28 P.M.

 

 

November 28, 2007

Approved by Governing Body