** AGENDA **

 

September 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.                  Executive Session           

 

5.                  Proclamation – “National Assisted Living Week”

   September 9-15, 2007

 

6.            Approval of Minutes – July 25, 2007

 

7.            Committee Reports

 

8.            Correspondence

 

9.            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.

 

10.            New Business

 

A.                 Resolution No. 2007-151

Urging the State of New Jersey to Take Financial Responsibility for the Cost of a Statewide Gypsy Moth Control Program

 

B.         Resolution No. 2007-152

            Opposing Assembly Bill No. 3959

Extension of Polling Place Hours

                       

C.         Resolution No. 2007-153

            Authorizing Refund of Tax Appeal

 

D.         Resolution No. 2007-154

            Authorizing Refund of Taxes

 

E.         Resolution No. 2007-155

            Authorizing Purchases Over $800

            Water Dept. – Calcium Hypochlorite Feed System

 

F.                  Resolution No. 2007-156

Authorizing Purchases Over $800

Water Dept. – Emergency Water Main Repair on Water St.

 

G.                 Resolution No. 2007-157

Authorizing Approval of Department Requisitions

 

H.                 Resolution No. 2007-158

Authorizing Payment of Borough Bills

 

I.                    Resolution No. 2007-159

Transfer of Retail Consumption Liquor License

 

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.              Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:36 P.M.

 

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

                  Absent:           C/Leonardis

 

Also present were Peter Gorbatuk, Acting Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, Borough Attorney.

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

There was a moment of silence and salute to the flag.

Mayor Reynolds states we will have Executive Session at this time.

 

Executive Session

 

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

 

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

 

            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

                   Nays:        None

                Absent:        C/Leonardis

               Abstain:        None

 

The time being 7:40  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/Soden. Passed unanimously.

 

The time being 8:23 P.M.

 

Mayor Reynolds states we are modifying the Agenda and will now introduce Resolution No. 2007-159 Transfer of Retail Consumption License. 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-159

 

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; and

 

WHEREAS, the applicant has submitted supplemental papers, including a lease

agreement, addendum to contract of sale and, explanation by the attorney for the

applicant that are deemed to be a part of the application as if attached thereto; and

 

WHEREAS, the Applicant has submitted a background investigation application

to the Borough Police Department and Chief Niziolek is in the process of completing

his review and issuing a report regarding the sale or transfer of the license; and

 

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 subject to a positive report from Chief Niziolek in accordance with law, and 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/Soden

 

Seconded by:               C/Carr

 

Stuart Moskovitz, Borough Attorney

 

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

                   Nays:          None

               Abstain:           None   

                Absent:          C/Leonardis

 

Proclamation – “National Assisted Living Week” September 9-15, 2007

 

C/Carr reads aloud National Assisted Living Week Proclamation 2007 Legacy of Love.

 

Approval of Minutes –

 

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

 

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

                      Nayes:             None

                     Absent:             C/Leonardis

                    Abstain:             None

 

Committee Reports

 

C/Cooke

 

Mayor Reynolds asks C/Cooke to send a copy of Agenda to Laurie Finger, Borough Administrator.

 

 

C/Robilotti

 

C/Soden

 

C/Carr

 

C/Simon 

 

C/Cooke

 

C/Carr

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Letter has gone out to Mayor Reynolds and Council regarding Technical Training class for the 2010 census, which will be held on September 12th and October 17th, 2007 from 9:30 A.M. to 3:30 P.M. at the Monmouth County Agricultural Building in Freehold.

·        Rick Guffanti, Public Works Supervisor, C/Soden and myself measured streets in question; measurements are ready.  Maps from Borough Engineer are available. We are ready for the next step.

 

Discussion between Mayor Reynolds, Laurie Finger, Borough Administrator, Peter Gorbatuk, Acting Municipal Clerk and Council continue regarding the next step to be taken.

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-151

 

URGING THE STATE OF NEW JERSEY TO TAKE FINANCIAL RESPONSIBILITY FOR THE COST OF A STATEWIDE GYPSY MOTH CONTROL PROGRAM

 

            WHEREAS, as stated on the State of New Jersey Department of Agriculture website; the gypsy moth, in its caterpillar stage, is the most destructive hardwood defoliator ever to occur in New Jersey; and

 

            WHEREAS, each year, since 1970, gypsy moth caterpillars have caused varying degrees of defoliation (leaf loss) between 1,910 – 800,000 acres of forest land; and

 

            WHEREAS, Municipalities with heavy infestations of gypsy moths, as delineated by a summer aerial defoliation survey, are contacted in writing by the Department of Agriculture in early fall of each year, and asked if they wish to have a gypsy moth egg mass count; and

 

            WHEREAS, if the residential or recreational forest has an average of more than 500 egg masses per acre, and is at least 50 acres in size it may qualify for participation in the cooperative Gypsy Moth Suppression Program; and

 

            WHEREAS, in addition to delineating treatment areas, the Department of Agriculture also applies for U.S.D.A. Forest Service cost sharing funds which, if approved, results in a 50 percent reimbursement of the treatment cost; and

 

            WHEREAS, the Department is also responsible for choosing the insecticide to be sprayed and in supervising the actual spray operation; and

 

            WHEREAS, in the fall of 2006 the Department of Agriculture determined that there were counties with a total of 125,743 acres in need of gypsy moth suppression; and

 

            WHEREAS, it is quite clear that the defoliation is a statewide problem; and

 

            WHEREAS, the State of New Jersey is not restricted by the same 2.5% increase in expenditures or the 4% cap in tax revenues as municipalities are.

 

            NOW, THEREFORE, BE IT RESOLVED the Governing Body of the Borough of Englishtown, State of New Jersey, County of Monmouth hereby calls upon the State Legislature to undertake immediate action to fully fund the Gypsy Moth Control Program, due to the devastating destruction gypsy moths will cause statewide; and

 

            BE IT FURTHER RESOLVED that a copy of this resolution be distributed to Governor Jon Corzine, New Jersey Legislatures and New Jersey Municipalities, urging them to pass similar resolutions of support.

 

Offered By:                  C/Simon

 

Seconded By:               C/Robilotti

 

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

                 Nays:           C/Soden, C/Carr

             Abstain:            None

              Absent:           C/Leonardis 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-152

 

OPPOSING ASSEMBLY BILL NO. 3959

EXTENSION OF POLLING PLACE HOURS

 

            WHEREAS,             Assembly Bill No. 3959 was introduced by Assemblywoman Jennifer Beck, District 12, (Mercer and Monmouth), and;

 

            WHEREAS,  said Bill will expand polling place hours by one hour in the evening for primary and general elections, and;

 

            WHEREAS, said legislation, if passed, would create another undue hardship on the election process in trying to recruit election board workers to work the long hours on Election Day.  As it exists now, to add another hour would be ludicrous, especially during the primary elections, due to the small volume of voters at the polls on Primary Election Day, and;

 

            WHEREAS, the Borough of Englishtown has seen board workers from other municipalities filling in the gap at the polls due to lack of board workers from Englishtown, this always creates a problem as some districts do not have the required board workers for that district, and;

 

            WHEREAS, the election laws of the State of New Jersey have made it much easier for a voter to vote an absentee ballot, therefore cutting down on the volume at the polling place, and;

 

            WHEREAS, unless this Assembly Bill as introduced by our legislators can prove to be an advantage to the voters of the State of New Jersey, by extending the Election Day hours by one extra evening hour, they should not vote in favor of this Assembly Bill.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that they strongly oppose Assembly Bill No. 3959, and urge our legislative representatives to not vote in favor of said Assembly Bill No. 3959.

 

            BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to:

                        Honorable Ellen Karcher, State Senator

                        Honorable Michael Panter, State Assemblyman

                        Honorable Jennifer Beck, State Assemblywoman 

                        The Municipal Clerks’ Association of New Jersey, Inc.

                        The Monmouth County Board of Elections

                        The Monmouth County Clerk

                        All Monmouth County Municipalities

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-153

 

RESOLUTION AUTHORIZING REFUND OF TAX APPEAL

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported receiving copies of Judgments issued by the Tax Court of New Jersey for tax years 2005 and 2006 for Block 1, Lot 1, located in Englishtown at 49 Lasatta Avenue, and;

 

            WHEREAS, the Judgment amount for the year 2005 reduced the assessed value of said property creating an overpayment of taxes in the amount of $48,378.20 plus 5% interest due in the amount of $4,380.91, and;

 

            WHEREAS, the Judgment amount for the year 2006 reduced the assessed value of said property creating an overpayment of taxes in the amount of $57,759.20 plus 5% interest due in the amount of $2,327.10,

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorize a total payment in the amount of $112,845.41, which includes interest, to be refunded to McCarter & English, Attorneys at Law representing former property owner Ruck DiRubbio & MacCauley LLC (Liberty Manor), and

 

            BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the McCarter & English Attorney at Law, Borough’s Tax Collector and Chief Financial Officer.

 

Offered By:                  C/Robilotti      

 

Seconded By:               C/Simon 

 

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

                  Nays:          None

              Abstain:           None

               Absent:           C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-154

 

RESOLUTION AUTHORIZING REFUND OF TAXES

 

            WHEREAS, the Tax Collector of the Borough of Englishtown has received the appropriate medical documentation from Susan Porter for the allowance of a 100% Totally Disabled Veteran Exemption of Taxes for the year 2007; and

 

WHEREAS, Susan Porter owns and resides at Block 13, Lot 19 located at 16 Tennent Avenue with property taxes totaling $4,098.47 for the year 2007; and

 

WHEREAS, the Tax Collector canceled said property taxes for 2007 creating an overpayment of 2007 property taxes in the amount $3,045.27 and is requesting the refund of taxes be paid to her Mortgage Company,

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $3,045.27 to be refunded to First American Tax Service, 8435 Stemmons Freeway, Dallas, Texas 75247-3907.

 

BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.

 

Offered by:                   C/Robilotti

 

Seconded by:               C/Simon

 

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

                 Nays:           None

              Abstain:           None

               Absent:           C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-155

 

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:

 

Water Dept – Calcium Hypochlorite Feed System            $10,000.00

 

Purchased From:

LOC Pump & Equipment

P.O. Box 2225

Hackensack, N.J. 07606

 

            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/Soden         

 

Seconded By:               C/Simon

 

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

                  Nays:          None

              Abstain:           None

               Absent:           C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-156

 

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:

 

Water Dept – Emergency Water Main Repair on Water St.            $8,740.99

 

Services From:

Brenner Drainage & Excavating, Inc.

205 Dey Grove Road

Monroe Township, N.J.  08831

 

            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/Soden         

 

Seconded By:               C/Robilotti

 

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

                  Nays:          None

              Abstain:           None

               Absent:          C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-157

 

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 $26,200.29

are hereby authorized to be processed into purchase orders on September 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/Robilotti

 

Seconded by:               C/Soden

 

C/Cooke

 

Laurie Finger, Borough Administrator

 

C/Cooke

 

Laurie Finger, Borough Administrator

C/Soden

 

Laurie Finger, Borough Administrator

 

C/Soden

 

Mayor Reynolds  asks Laurie Finger, Borough Administrator to get an update of when resolution was adopted for Council.

 

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

                   Nays:          None

               Abstain:           None

    Absent:          C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-158

 

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 $197,481.63

                   are hereby authorized to be paid on September 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/Robilotti

 

Seconded by:               C/Simon

 

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

                   Nays:          None

               Abstain:          None

                Absent:          C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-160

 

RESOLUTION OF THE MAYOR AND GOVERNING BODY

GRANTING APPROVAL FOR RAFFLE APPLICATION NO. RA 2007-01

 

            WHEREAS, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 17, 2007; and

 

            WHEREAS, the Battleground Historical Society 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 Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society 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 Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

 

            WHEREAS, The Battleground Historical Society 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. RA2007-01 for the Battleground Historical Society 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 RA2007-01 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. RA2007-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2007-01 may be issued to the Battleground Historical Society 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/Soden

                                   

Seconded By:               C/Carr

 

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

                  Nays:          None

              Abstain:          C/Cooke

               Absent:          C/Leonardis

 

Public Portion

 

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

 

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

 

Adjournment

 

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

 

The time being 8:46 P.M.

 

 

November 14, 2007

Approved by Governing Body                                          Acting Municipal Clerk