** AGENDA **

 

March 26, 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.                  Approval of Minutes  - February 13, 2008

 

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.            New Business:

 

A.                 Ordinance No. 2008-01 – First Reading & Introduction

Amending Borough Code Book Chapter 2.117 Entitled “Taxicabs”

 

B.                 Resolution No. 2008-081

Emergency Temporary Appropriations

 

C.                 Resolution No. 2008-082

Authorizing Englishtown Police Dept. Use of the East Brunswick Police Training Facility

 

D.                 Resolution No. 2008-083

Authorizing Purchases Over $800 - Water Dept

Repair of Water Main Break between 26 & 28 Main Street

 

E.                  Resolution No. 2008-084

Authorizing Purchases Over $800 – Sewer Dept

Repair of Sewer Line at Advanced Form Works on Park Avenue

 

F.         Resolution No. 2008-085

Opposing the Failure of the Governor’s Proposed State Budget for the 2008-2009 Fiscal Year to Treat Property Tax Relief as Priority

 

G.         Resolution No. 2008-086

Authorizing Approval of Department Requisitions

 

H.         Resolution No. 2008-087

Authorizing Payment of Borough Bills

 

12.            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.

           

            13.            Executive Session

 

            14.            Adjournment

 

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

 

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

                  Absent:            C/Robilotti, C/Leonardis

 

Also present were Peter Gorbatuk, Acting Municipal Clerk 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 February 13, 2008 was offered by C/Simon and seconded by C/Soden.  Passed on the following roll call:

 

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

                      Nayes:              None

                     Absent:             C/Robilotti, C/Leonardis

                    Abstain:              None

 

Committee Reports

 

Administration, Finance & Personnel

Councilwoman Leonardis was not in attendance; nothing was reported.

 

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: 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

 

·        Received correspondence from the Department of Labor and Workforce Development regarding the Public Works & Water Department; all issues have been resolved.

·        Received a call from Jennifer Beck’s office regarding April 7th meeting at 2pm in her office at 71 West Main Street asking who would be attending.

 

C/Carr & C/Cook state they would attend the April 7th meeting.

 

·        Received correspondence from RR Renewable Energy Consultants. Laurie Finger, Borough Administrator, C/Soden and Rick Guffanti, Public Works and myself met with Renewable Energy Consultants regarding switching to solar energy. There is a $72,000 grant available right now that next year will be reduced and continue to be phased out.  They are looking for an answer tonight.

 

Mayor Reynolds and Council discuss solar energy.

 

Mayor Reynolds states at this time the answer would have to be no until they work out the legal language.  Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to have RR update us as they go through the legislative and legal process.

 

Peter Gorbatuk, Acting Municipal Clerk

·        We have a tentative appointment with Unison who is interested in purchasing the existing lease for the cell phone tower we have with Verizon. 

 

Discussion continues between Mayor Reynolds, Peter Gorbatuk, Acting Municipal Clerk,

Council and Stuart Moskovitz, Borough Attorney. 

 

Public Portion – Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

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 thereunder, 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.

A motion to introduce the above titled Ordinance was offered by and seconded by

 

First Reading and Introduction on Ordinance No. 2008-01 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, 

                        Nays:              None   

                        Abstain:           None

                        Absent:            C/Robilotti, C/Leonardis

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No.2008-01 is scheduled for the April 9, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-081

 

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 $119,322.00

 

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 $119,322.00 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 is filed with the Director, Division of Local Government Services.

 

Offered By:                  C/Carr                                   

 

Seconded By:               C/Soden

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-082

 

AUTHORIZING THE ENGLISHTOWN POLICE DEPARTMENT’S USE

OF THE EAST BRUNSWICK POLICE TRAINING FACILITY

 

            WHEREAS, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and

 

            WHEREAS, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any

instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.

 

 Offered By:                       C/Soden         

             

Seconded By:                     C/Simon

 

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

                 Nays:                None

             Abstain:                None

              Absent:                C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-083

 

AUTHORIZATION OF PURCHASES 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 between 26 & 28 Main St. - $9,240.17

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-084

 

AUTHORIZATION OF PURCHASES 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:

 

Sewer Dept. – Repair of Sewer Line at Advanced Form Works, Park Avenue - $8,788.91

 

Purchased From:

Brenner Drainage & Excavation, 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/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-085

 

RESOLUTION OPPOSING THE FAILURE OF THE GOVERNOR’S

PROPOSED STATE BUDGET FOR THE 2008-2009 FISCAL YEAR TO

TREAT PROPERTY TAX RELIEF AS OUR PRIORITY

 

            WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State’s next Fiscal Year, which begins on July 1; and

 

            WHEREAS,  the proposal, which represents what the Governor called “many unpleasant choices” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the state Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with the inordinately deep cuts in municipal property tax relief funding ; and

 

            WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens’ Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more than their fair share of the funding burden; and

 

            WHEREAS, local officials have done so much with so little for so long, that State Budget makers now believe some can do everything with absolutely nothing; and

 

            WHEREAS, municipal property tax relief will be slashed by $189.6 million; and

 

            WHEREAS, for municipalities with a population of less than 5,000 there will be no CMPTRA funding this year; for municipalities with a population total between 5,000 and 10,000, this relief will be limited to one-half of the amount received in the State’s 2006-2007 budget; and the $32.6 million distributed according to the CMPTRA formula, which municipalities received last year as 2008 Municipal Tax Assistance, is gone; and

 

            WHEREAS, all municipalities will receive level Energy Tax Receipts Property Tax Relief funding, despite State Law that ‘requires’ annual inflationary adjustments of this (and CMPTRA) funding; and

 

            WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in this proposal, this funding has been eliminated; and

 

            WHEREAS, last year’s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to $32.3 million, and the $8 million Regional Efficiency Aid Program will not be funded; and

 

            WHEREAS, beyond these cuts, certain municipalities served by the State Police will be asked to contribute $80 million to the State’s General Fund and Homestead Rebates for Homeowners will be cut by $257 million, and for Renters by $124 million; and

 

            WHEREAS, these proposed cuts would directly affect the Borough of Englishtown by causing possible cuts in safety services to our residents as well as creating the need for further staff reductions of already very lean departments and more importantly the possible loss of the identity of the Borough of Englishtown which was settled in 1688 and is a beautiful historic landmark on the State of New Jersey map. 

 

            NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Englishtown calls on its elected representatives in Trenton, Senator Jennifer Beck and Assembly members Caroline Casagrande and Declan J. O’Scanlon Jr., to work with their colleagues in the Legislature and with the Governor to take affirmative action to restore program funding sufficient to honor state statutes and their stated commitment to the cause of property tax relief in all New Jersey municipalities.

 

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jon S. Corzine, Acting State Treasurer R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Thomas H. Kean, Assembly Speaker Joseph J. Roberts, Assembly Minority Leader Alex DeCroce, the Chairs and Members of the Senate and Assembly Budget and Appropriations Committees, our own Senator Jennifer Beck and Assembly members Caroline Casagrande and Declan J. O’Scanlon Jr. and to the New Jersey State League of Municipalities.

 

Offered by:                   C/Soden         

 

Seconded by:               C/Simon

 

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

               Nays:                None

           Abstain:                None

            Absent:                C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-086

 

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 $21,004.37

are hereby authorized to be processed into purchase orders on March 26, 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/Cooke

               Nays:              None

           Abstain:               None

            Absent:              C/Robilotti, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-087

 

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 $80,750.93

                   are hereby authorized to be paid on March 26, 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/Carr

 

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

               Nays:              None

           Abstain:               None

            Absent:              C/Robilotti, 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.

 

Joyce Stipple

 

Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to contact Assemblyman O’Scanlon to find out what he needs from us and if he is holding anymore meetings.

 

Joyce Stipple

 

Mayor Reynolds states I have contacted them at least once a week asking them to produce the letter and requesting a public apology; they are suppose to get back to me and let me know if the letter exists; if letter is not produced with a public apology then they leave me no choice but to attend Manalapan’s Public Council Meeting to explain my end of the story in front of their camera.

 

Joyce Stipple

 

Mayor Reynolds asked Peter Gorbatuk, Acting Municipal Clerk to reach out to Mr. Youssouf to find out more information.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Cooke.   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 contracts, litigation with respect to Sovereign, Elon and Liberty Manor; 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/Cooke

                   Nays:         None

                Absent:         C/Robilotti, C/Leonardis

               Abstain:          None

 

The time being 8.07 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   8:18  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 8:19 P.M.

  

____May 14, 2008_________                                          ________________________

Approved by Governing Body                                          Acting Municipal Clerk