** AGENDA **

 

April 23, 2008

 

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.                  Presentation: Monmouth County Sheriff’s Department

Changing of two-way radio frequency

 

5.         Approval of Minutes – March 12, 2008

 

6.         Committee Reports

 

7.                  Correspondence

 

8.         Borough Engineer’s Monthly Report – April 2008

 

9.         Discussion Item: 2009 D.O.T. Grant Recommendations

 

  10.        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.

 

11.       Old Business:

 

A.                 Ordinance No. 2008-02 - Public Hearing & Adoption

Amending Borough Code Book Chapter 2.51

Entitled “Alcoholic Beverages”

           

12.        New Business:

 

A.        Ordinance No. 2008-03 - First Reading & Introduction

Ordinance to Exceed the Municipal Budget Appropriations Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.14)

 

B.         Resolution No. 2008-093

Granting Approval for Taxi License – KB Taxi Service

 

C.        Resolution No. 2008-094

Introduction of 2008 Municipal Budget

** This Resolution is cancelled from the 4/23 agenda**

 

D.        Resolution No. 2008-095

Authorization of Services Over $800

Road Dept. – Street Sweeping

 

E.        Resolution No. 2008-096

Authorization of Services Over $800

Water Dept. – Repair of water main break – 30 Main Street

 

F.         Resolution No. 2008-097

Authorizing Revisions to Personnel Policy

 

G.                Resolution No. 2008-098

Emergency Temporary Appropriations

 

H.         Resolution No. 2008-099

Accepting Resignation of Court Administrator

 

I.           Resolution No. 2008-100

Authorizing Approval of Department Requisitions

 

J.         Resolution No. 2008-101

Authorizing Payment of Borough Bills

 

K.                Resolution No. 2008-102

Appointment of Municipal Housing Liaison (MHL)

Fulfilling The Borough of Englishtown COAH Requirement

 

L.                  Resolution No. 2008-103

Authorizing Execution of Agreement to Permit Access to 15 Main Street Parking Lot for Monitoring Well Installation

 

13.       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.

           

            14       Executive Session

 

15             Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 p.m.

 

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

                  Absent:          C/Robilotti

 

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 March 12, 2008 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:           None

                     Absent:           C/Robiloti

                    Abstain:            None

 

Committee Reports

 

Administration, Finance & Personnel

Councilwoman Leonardis reports:

·        Nothing at this time.

 

Code Enforcement, Public Health, Welfare & Public Events 

Councilwoman Cooke reports:

 

Public Safety

 Councilwoman Robilotti was not in attendance; nothing was reported.

 

Public Utilities

Councilman Soden reports:

 

Public Buildings & Grounds

Councilwoman Carr reports:

 

Legislative, Insurance & Licenses

Councilman Simon reports: 

 

Mayor Reynolds states copies of the Growth Mgmt. Guide were given to council.  Please review and we will hold a discussion at the next council meeting.

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

 

Laurie Finger, Borough Administrator

 

 

Presentation – Monmouth County Sheriff’s Department Changing of Two-Way Radio Frequency

 

Kim Guadagno, Monmouth County Sheriff, presents the following:

 

·        Would like everyone to be aware of some changes in narrow band and some changes in the 911 Communications Center which is a nationwide mandate by the FCC, so municipalities can plan their budget cycles for 2009 and 2010.

·        Englishtown as well as the rest of the county and municipalities that Freehold services will be in a position to have to upgrade their analog radios to digital by 1/1/11 in order to continue emergency communications.

·        Freehold has already hired a consultant and an engineer. I will be going to FCC asking for more access to more bans so that service can be provided.  Freeholders have committed to $21,0000 in capital improvement over the next 2 years so that on 1/1/11 when a radio call comes in someone will be able to answer in the county.

·        Englishtown needs to buy new radios.  The county will be coming out to Englishtown and sit down with the Chief of Police to give some idea on the kinds of radios that will be used after 1/1/11, the cost of radios and vendors.

·        The cost will be anywhere from $2,000-$3500 per radio.

·        You do have a few options; you may decide to purchase with the county when they purchase their radios and buy into our contract or you may want to go out and bid yourself.

 

Monmouth County is preparing itself and would like Englishtown to also prepare and be aware of its options.

 

Discussion Item: 2009 D.0.T. Grant Recommendations

 

Laurie Finger, Borough Administrator

·        Tom Herits, Borough Engineer recommends the following projects:

 

1.      Reapply for drainage improvements for Victory Drive, but include milling and paving.

2.      The Borough should also apply for Center Street because it services the Englishtown Industrial Park.

3.      Pedestrian crosswalk lighting systems for Main Street (Centers of Place); and  Continue the curb and sidewalk on Park Avenue, Conover Street, Station Street, and South Main Street (Pedestrian Safety)

 

C/Carr

·        Tom Herits, Borough Engineer reported that he reviewed drainage impacts on Victory Drive, from Tennent Avenue, with the County Engineer and it appears that the County may be willing to make a contribution to drainage improvements on Victory Drive.

 

Mayor Reynolds  states we need to get a definite yes or no.

 

Laurie Finger, Borough Administrator asked if there are any other roads that we should apply for D.O.T Grant for next year?

 

C/Carr

·        I would recommend the Pedestrian crosswalks.

·        Will we move forward on Victory Drive if County does not contribute money?

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to have Tom Herits, Borough Engineer find out how much the County will contribute?

 

C/Soden

·        I believe we have enough to fix Victory Drive even with the paving?

 

Discussion continues between Mayor Reynolds and Council.

 

Mayor Reynolds asks Laurie Finger, Borough Administrator to get a list of all our roads showing when they were last paved and the condition of each road.

 

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/Simon.  Passed unanimously.

 

Old Business

 

BOROUGH OF ENGLISHTOWN             PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2008-02

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING

CHAPTER 2.51, ENTITLED “ALCOHOLIC BEVERAGES”

 

WHEREAS, the governing body of the Borough of Englishtown has determined that the fees charged for licensing for alcohol beverage sales are inadequate to cover the

Borough’s costs in connection with governance of alcoholic beverages in the Borough;

 

WHEREAS, the State of New Jersey permits the Borough to charge fees in excess of those currently being charged, provided that increases not exceed 20% per year; and

 

WHEREAS, the governing body of the Borough of Englishtown wishes to begin the process of making their liquor licensing fees more realistic towards covering the

expenditures of the Borough in connection with the governance of alcoholic beverages in

the Borough:

 

I. NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.51, entitled “Alcoholic Beverages” of the Code of the Borough of Englishtown is hereby amended as follows: §2.51.03 entitled “Licensing; Sale to persons under the legal age. Licenses require; issuance, application and fees” is hereby amended so that subsection “D” entitled “License fees.” shall state:

 

The annual fee for licenses for the sale or distribution of alcoholic beverages in the

Borough shall be as follows:

Class of License Annual License Fee

 

Plenary retail consumption             $2,163.34

Plenary retail distribution             $2,163.34

Club                                         $150.00

 

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 of competent jurisdiction, such portion shall be deemed a separate,

distinct and independent provision, and such holding shall not affect the

validity of the remaining portions hereof.

 

C. This Ordinance shall take effect upon passage and publication in

accordance with applicable law.

 

Public Hearing

 

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

 

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

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

 

Adoption

 

A motion to adopt Ordinance No.2008-02, above titled, was offered by C/Simon and

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

 

Offered by:                   C/Simon

 

Seconded by:               C/Soden

 

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

                 Nays:            None

             Abstain:            None

              Absent:           C/Robilotti

 

New Business

 

BOROUGH OF ENGLISHTOWN     FIRST READING & INTRODUCTION

ORDINANCE NO. 2008-03       

 

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

 

WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

 

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2008 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

WHEREAS, the Mayor and Council hereby determine that a 1% increase in the budget for said year, amounting to $14,424.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

WHEREAS, the Mayor and Council hereby determine that any amount authorized hereinabove that is not appropriated, as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

NOW, THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2008 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $50,483.00, and that the CY 2008 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,

 

BE IT FURTHER ORDAINED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

 

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

 

First Reading and Introduction on Ordinance No.2008-03 was passed on the following roll call:

 

Offered by:                               C/Soden                     

 

Seconded by:                           C/Simon

                                               

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

                        Nays:               None   

                        Abstain:           None

                        Absent:            C/Robilotti

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-03 is scheduled for the May 14. 2008 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-093

 

RESOLUTION OF THE MAYOR AND GOVERNING BODY

GRANTING APPROVAL FOR TAXI LICENSE

 

            WHEREAS, Keith Berman of Manalapan, N.J. owner of KB Taxi Services has applied to the Governing Body of the Borough of Englishtown for a Taxi License to operate within the municipal boundaries of the Borough of Englishtown for the 2008 calendar year; and

 

            WHEREAS, the applicant submitted to the Borough of Englishtown all required insurance, registration, and motor vehicle information requested pursuant to Borough of Englishtown Code, Chapter 2.117.

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that said application has been approved and the Acting Municipal Clerk is authorized to issue Keith Berman of Manalapan, N.J – KB Taxi Services Taxi License No. 112 for the period April 23, 2008 through December 31, 2008, to be renewed annually.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution and Taxi License No. 112 be forwarded to Keith Berman, Acting Municipal Clerk and the Borough of Englishtown Police Dept.

 

Offered By:                  C/Carr

 

Seconded By              C/Leonardis

 

Mayor Reynolds requests a motion to Table Resolution No. 2008-093 until the May 14th Regular Council Meeting.

 

Motion to Table was offered by C/Carr and seconded by C/Leonardis.

 

//////////TABLED\\\\\\\\\\

 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-095

 

AUTHORIZATION OF 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:

 

Road Dept. – Street Sweeping - $850.00

Purchased From:

Ocean Power Sweeping, Inc.

350 Faraday Avenue

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/Soden                     

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-096

 

AUTHORIZATION OF 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. – Repair of water main break – 30 Main Street - $3,687.48

 

Purchased From:

E. Sambol Corporation

1033 North Maple Avenue

Toms River, N.J.  08754

 

            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/Cooke, C/Leonardis

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-097

 

RESOLUTION AUTHORIZING REVISIONS

TO PERSONNEL POLICY

 

            WHEREAS, a Policy Manual for the Borough of Englishtown employees adopted on May 23, 2001 is in place; and

 

            WHEREAS, the Administration, Finance and Personnel Committee has reviewed said policy and recommended changes to Policy to be in compliance with the Joint Insurance Fund (JIF) requirements, as well as updating employee policy and procedures.

 

            NOW, THEREFORE BE IT RESOLVED, by the Mayor and Governing Body of the Borough of Englishtown, that the Personnel Policy dated May 23, 2001 is hereby repealed and replaced by the attached Personnel Policy dated April 23, 2008 to be effective immediately following the adoption of this resolution.

 

Offered by:                   C/Simon         

 

Seconded by:               C/Leonardis

  

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

           

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-098

 

EMERGENCY TEMPORARY APPROPRIATIONS

 

WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2008 Budget and no adequate provision has been made in the 2008 temporary budget for the aforesaid purposes, and

 

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

 

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2008 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $314,552.00.

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $195,230.00 as per attached sheets.

 

2.  Said emergency temporary appropriations will be provided for in the 2008 budget.

 

3.      That one certified copy of this resolution be filed with the Director,

                  Division of Local Government Services.

 

Offered by:                   C/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-099

 

RESOLUTION ACCEPTING THE RESIGNATION FOR RETIREMENT

OF COURT ADMINISTRATOR, PATRICIA WOJNAS

 

WHEREAS, Patricia Wojnas served the Borough of Englishtown for the past 20 years with dedication and commitment; and

 

            WHEREAS, Patricia Wojnas did tender her resignation due to retirement, from the position of Court Administrator, her last day of employment being April 30, 2008.

                       

            NOW THEREFORE BE IT RESOVED, that the Mayor and Council of the Borough of Englishtown due regretfully accept the resignation for retirement from Patricia Wojnas and wish her well in her future.

 

            BE IT FURTHER RESOLVED, that a certified copy of this resolution be given to the Chief Financial Officer.

 

Offered by:                   C/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-100

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS

 

            WHEREAS, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

 

            WHEREAS, after due consideration of the said requisitions, the Mayor and Council have approved processing of same.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:

 

1.      The said approved requisitions amounting to the sum of $8,188.09

are hereby authorized to be processed into purchase orders on April 23, 2008.

 

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 requisitions hereby authorized to be processed into purchase orders.

 

Offered by:                   C/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-101

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE PAYMENT OF BOROUGH BILLS

 

            WHEREAS, the Mayor and Council have carefully examined all vouchers presented to the Borough for the payment of claims; and

 

            WHEREAS, after due consideration of the said vouchers, the Mayor and Council have approved payment of same.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:

 

            1.   The said approved vouchers amounting to the sum of $303,529.05

                   are hereby authorized to be paid on April 23, 2008.

 

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/Leonardis

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-102

 

APPOINTMENT OF MUNICIPAL HOUSING LIAISON (MHL) -

FULFILLING THE BOROUGH OF ENGLISHTOWN COAH REQUIREMENT

 

            WHEREAS, the Council on Affordable Housing (COAH) requires that each Municipality under its jurisdiction create the position of Municipal Housing Liaison (MHL); and

 

            WHEREAS, COAH requires that all MHL administrators successfully complete an educational program for the certification of individuals for this position.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Laurie Finger Borough Administrator be appointed as Municipal Housing Liaison for the Borough of Englishtown.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution be given to the Council on Affordable Housing and Laurie Finger, Borough Administrator.

 

Offered by:                   C/Simon         

 

Seconded by:               C/Carr

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-103

 

Authorizing Execution of Agreement to Permit Access To 15 Main Street

Parking Lot for Monitoring Well Installation

 

            WHEREAS, the Borough of Englishtown has received correspondence from Environmental Liability Management, Inc., of Princeton, New Jersey, on behalf of the former property owner, Sovereign Bank, indicating the need to conduct an environmental investigation under the direction of the New Jersey Department of Environmental Protection (NJDEP) at the site known as 14 S. Main Street; and

 

            WHEREAS, Environmental Liability Management, Inc., is requesting permission from the Borough of Englishtown to enter the premises at 15 Main Street for the purpose of installing a monitoring well within the parking lot to determine the extent of contamination from their site at 14 S. Main Street; and

 

            WHEREAS, additional documentation has been reviewed, including drawings and reports establishing the need to extend the investigation onto Borough property; and

 

            WHEREAS, an agreement has been negotiated protecting the Borough’s interests with respect to this matter; and

 

            WHEREAS, the Borough is required by law to cooperate with Environmental Liability Management, Inc., in their state-mandated investigation:

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Mayor shall be authorized to execute the negotiated contract meeting the requirements previously set forth by Resolution of this governmental body.

 

Offered by:                   C/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti

 

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.

 

Joyce Stipple, Englishtown Resident

 

Stuart Moskovitz, Borough Attorney responds there is no limit.

 

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

 

At this time Mayor Reynolds states he had a discussion with the Manalapan Township Mayor and Council at their April 9th Council Meeting that he attended. Several issues that were addressed were:

1.      Waiver that allowed 17 Englishtown children to attend recreation program at no cost if they met the free and reduced lunch criteria; which they have.

2.      They are looking for a greater contribution from the Borough of Englishtown to supplement the First Aid Squad. 

3.      Letter that we did not respond to and newspaper has been talking about for the last several months. The Recreation Committee thought that the Mayors Office was writing letter and visa versa.  Letter was never written.  They apologized and I thanked them for allowing Englishtown students to attend their Recreations program.  Their budgets are getting restraints and will not be able to offer that anymore.

 

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, Sovereign Bank, Budget; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:                    C/Soden

 

Seconded By:                 C/Carr

 

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

                   Nays:           None

                Absent:          C/Robilottti

               Abstain:          None

 

The time being 8:35 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 8:55 P.M.

 

Adjournment

 

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

 

The time being 8:56 P.M.

 

 

 

____June 11, 2008_________                                          ________________________

Approved by Governing Body                                          Acting Municipal Clerk