** AGENDA **

 

April 9, 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.         Meeting Workshop:

·        Personnel Policy

 

5.        Approval of Minutes  - February 27, 2008

 

6.         Proclamation: Alcohol Awareness Month, April 2008

 

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.       Old Business:

 

A.                 Ordinance No. 2008-01 – Public Hearing & Adoption

Amending Borough Code Book Chapter 2.117

Entitled “Taxicabs”

           

11.            New Business:

 

A.        Ordinance No. 2008-02 – First Reading & Introduction

Amending Borough Code Book Chapter 2.51

Entitled “Alcoholic Beverages”

 

B.        Resolution No. 2008-088

Requesting Permission for Dedication By Rider – Snow Removal Trust Fund

 

C.         Resolution No. 2008-089

Authorization of Services Over $800

Water Dept. – New displays and repair of lime pumps

 

D.        Resolution No. 2008-090

Authorization of Services Over $800

Water Dept. – Repair of water main break – 40 Main Street

 

E.         Resolution No. 2008-091

Authorizing Approval of Department Requisitions

 

F.         Resolution No. 2008-092

Authorizing Payment of Borough Bills

 

12.      Tax Collector’s Report –          February 2008

                                                            March 2008

 

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/Leonardis

                  Absent:          C/Robilotti, C/Cooke

 

Also present were Christine Robbins, Deputy 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.

 

Meeting Workshop – Personnel Policy

 

Mayor Reynolds states the Personnel Committee will briefly go over the Personnel Policy that Council received on Friday.

 

C/Leonardis

·        C/Robilotti, Laurie Finger, Borough Administrator, Peter Gorbatuk, Acting Municipal Clerk and myself reviewed each section. When we finished it was turned over to Stuart Moskovitz, Borough Attorney for attorney review.  He has since revised and made some recommendations. We are here today to see if Council would like to provide any input, make any changes or have any questions regarding changes that were made.

 

Laurie Finger, Borough Administrator

·        The only change that was not done that Stuart Moskovitz, Borough Attorney had   questioned is in section 1.  Is the old Municipal Building and Old Town Hall the same building?

 

C/Soden

·        Yes it is the same building.

 

Laurie Finger, Borough Administrator

·        Sentence will read that on March 10th, 2000 this building was demolished.

 

Some typographical errors were discussed between Mayor Reynolds, Stuart Moskovitz, Borough Attorney, Laurie Finger, Borough Administrator, and Council.

 

Mayor Reynolds states we will adopt Personnel Policy at the next regular Council Meeting.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of February 27, 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/Leonardis    

                      Nayes:           None

                     Absent:           C/Robilotti, C/Cooke

                    Abstain:            None

 

Proclamation – Alcohol Awareness Month, April 2008

 

Mayor Reynolds reads aloud Proclamation.

 

Committee Reports

 

Administration, Finance & Personnel

 

Councilwoman Leonardis reports:

·        Thanked Christine Robbins, Deputy Municipal Clerk for a great job updating our webpage (englishtownnj.com). The public can now view the Resolutions in full that are on the agenda.

 

Code Enforcement, Public Health, Welfare & Public Events

 

Councilwoman Cooke was not in attendance; nothing was reported.

 

Public Safety

 

Councilwoman Robilotti was not in attendance; Laurie Finger, Borough Administrator reports:

·        Two candidates were interviewed for the Court Administrator position today with Judge Newman, Rosemary from the Monmouth County Office, Pat Wojnas, Court Administrator and C/Soden. They now have to be interviewed by Judge Lawson before any decision can be made.

 

Public Utilities

 

Councilman Soden reports:

·        Nothing at this time.

 

Public Buildings & Grounds

 

Councilwoman Carr reports:

·        Mayor Reynolds and I went to the Wall Township meeting on Thursday only to find out it had been cancelled and we were not notified.

·        On Monday Mayor Reynolds and I met with Senator Beck, Senator O’Scanlon and Senator Casagrande in Freehold regarding issues the Borough has regarding Englishtown’s proposed budget.

 

Mayor Reynolds discusses with Council information he received from Monday’s meeting.

 

Councilwoman Carr:

Legislative, Insurance & Licenses

 

Councilman Simon reports: 

 

Correspondence

 

Christine Robbins, Deputy Municipal Clerk reports:

Mayor Reynolds asked Christine Robbins, Deputy Municipal Clerk to also post the Public Notice on our Website.

 

Christine Robbins

 

Mayor Reynolds asks Christine Robbins, Deputy Municipal Clerk to ask the Tax Department to schedule another night to be open for the public.

 

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. 2008-01

 

ORDINANCE AMENDING

CHAPTER 2.117 OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED “TAXICABS”

 

WHEREAS, the Borough Council of the Borough of Englishtown has determined that financial realities have changed since this Ordinance was originally passed in November, 1982; and

 

WHEREAS, the Borough wishes its ordinance to reflect the market realities, to enable fair enforcement;

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.117 of the Code of the Borough of Englishtown is hereby amended as follows:

 

1.         Section 2.117.01 shall be amended to add the following definition after the definition for “Borough”:

 

OPERATING - Any taxicab traveling along the public streets within the Borough regardless of where the company is located, where the trip originated and where the trip terminates, is deemed to be “operating” within the Borough.

 

2.         Section 2.117.04A. shall be amended to read as follows [strikeouts and underlinings are for the purpose of reflecting amendments and such markings are not to be included in the official codification]:

 

It is required that every applicant for a taxicab owner’s license shall submit and file with the Borough Clerk an insurance policy of a company duly authorized to transport business under the insurance laws of the State of New Jersey, in the sum of one hundred thousand dollars ($100,000.00) against loss from the liability imposed by law upon the taxicab owner for damages on account of bodily injury or death suffered by any one (1) person, in the sum of five hundred thousand dollars ($500,000.) two hundred fifty thousand dollars ($250,000.00) on account of bodily injury or death suffered by more than one (1) person and in the sum of one hundred thousand dollars ($100,000.00) against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, maintenance or use of such taxicab, covering the taxicab or taxicabs to be licensed.

 

3.        Section 2.117.06 shall be stricken in its entirety and replaced with the following:

 

2.117.06 Fees

 

A. Each company operating taxicabs within the Borough shall pay an initial fee of $100.00.

 

B. In addition to the foregoing, each taxicab owner shall pay an annual fee of $25.00 for each taxicab operated within the Borough. Said amount is to be furnished to the Borough Clerk at the time of the application.

 

4.        There shall be a new Section 2.117.07 which shall state as follows:

 

 

2.117.07 Certificate of Compliance

 

The Borough Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the taxicab has complied with the terms and provisions of this article.

 

The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insured hereunder, and the registration number of the same.

 

The duplicate certificate shall be filed with the department of motor vehicles in accordance with N.J.S.A. 48:16-6, before any such car is licensed by the municipality as a taxicab.

 

The original certificate shall be posted in a conspicuous place within the taxicab.

 

5.        There shall be a new Section 2.117.08 which shall state as follows:

 

2.117.08 Violations

 

The owner of any taxicab operating within the Borough that has not obtained a certificate in accordance with this Ordinance shall, upon conviction of first offense, be fined $250.00. In the event of a second offense by that owner, the fine shall be $350.00. For the third and subsequent offense by that owner, the fine shall be $500.00 for each instance. For purposes of this ordinance a “second,” “third,” or subsequent offense shall mean such offense committed within a three-year period.

 

BE IT FURTHER ORDAINED THAT 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.2008-01, above titled, was offered by C/Soden and

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

 

Offered by:                   C/Soden

 

Seconded by:               C/Leonardis

 

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

                 Nays:           None

             Abstain:            None

              Absent:            C/Robilotti, C/Cooke

 

New Business

 

BOROUGH OF ENGLISHTOWN                     FIRST READING & INTRODUCTION

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:

 

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

 

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.

 

Offered By:                  C/Simon         

 

Seconded By:               C/Carr

 

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

                 Nays:           None

             Abstain:           None

              Absent:           C/Robilotti, C/Cooke

 

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

 

First Reading and Introduction on Ordinance No.2008-02 was passed on the following roll call:

 

Offered by:                               C/Simon                     

 

Seconded by:                           C/Carr

                                               

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

                        Nays:               None   

                        Abstain:            None

                        Absent:            C/Robilotti, C/Cooke

 

Christine Robbins, Deputy Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-02 is scheduled for the April 23, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-088

 

RESOLUTION REQUESTING PERMISSION FOR DEDICATION BY RIDER 

SNOW REMOVAL RESERVE TRUST FUND

           

            WHEREAS, permission is required of the Director of Local Government Services for approval as a Dedication by Rider of revenues received by a Municipality when the revenue is not subject to reasonably accurate estimate in advance; and

 

            WHEREAS, N.J.S. 40A:4-62.1 allows municipalities to receive money for the purpose of reserving lapsed budget appropriations for any purpose related to snow and ice removal; and

           

            WHEREAS, the Borough of Englishtown desires to establish a trust fund for fees received as lapsed budget appropriations for any purpose related to snow and ice removal; and

 

            WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of moneys by dedication by rider;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that permission be and is hereby requested of the Director of the Division of Local government Services to include as a Dedication by Rider in the 2008 and subsequent years’ budgets, revenues received for any purpose related to snow and ice removal within the Borough, be spent in accordance with the rules and regulations of N.J.S. 40A:4-62.1.

 

            BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed with the Director of the Division of Local Government Services for approval, and one copy to the Chief Financial Officer and Borough Auditor.

 

Offered by:                   C/Simon         

 

Seconded by:               C/Soden

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-089

 

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. – New displays and  repair of lime pumps - $3,240.69

 

Purchased From:                           ABS Electric, Inc.

                                                      P.O. Box 592

                                                     Elmer, N.J.  08318

 

 

 

            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/Leonardis

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-090

 

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 – 40 Main Street - $2,696.00

 

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/Leonardis

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-091

 

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 $7,724.58

are hereby authorized to be processed into purchase orders on April 9, 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/Carr

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-092

 

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 $259,395.10

                   are hereby authorized to be paid on April 9, 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/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Cooke

 

Tax Collectors Report                        Month of February, 2008

                                                            Taxes, 2008                $747,411.85

                                                            Taxes, 2007                $    7,437.61

                                                            Interest                         $        719.98

                                                            Duplicate Bill Fee            $          95.00

                                                            Total Net                  $755,664.44

 

                        Month of March, 2008

                                                            Taxes, 2008                $   68,21450

                                                            Taxes, 2007                $      6,184.09

                                                            Interest                         $      1,061.16   

                                                            Duplicate Bill Fee            $           10.00

                                                            Total Net                  $    75,469.75

 

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/Soden 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 contractual, litigation, Liberty Manor, Elon, Sovereign; 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/Simon 

 

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

                   Nays:       None

                Absent:       C/Robilotti, C/Cooke

               Abstain:        None

 

The time being  8:05 P.M.

 

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

 

The time being 8:20 P.M.

 

Adjournment

 

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

 

The time being 8:21 P.M.

 

 

 

____May 28, 2008_________                                          ________________________

Approved by Governing Body                                          Acting Municipal Clerk