** AGENDA **

 

October 6, 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

 

5.         Approval of Minutes – August 27, 2008

 

6.         Committee Reports

 

7.                  Correspondence

 

   8.         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.

 

 9.            Old Business

 

A.        Ordinance No. 2008-09 – Public Hearing & Adoption

            Establishing Limits for Employee Salaries

 

B.        Ordinance No. 2008-10 – Public Hearing & Adoption

                        Amending Chapter 1.19 Entitled “Affordable Housing Development Fee Requirements”

 

   10.   New Business

 

A.        Resolution No. 2008-177

Authorizing Borough to Join the Central Jersey Council of Governments           

 

B.        Resolution No. 2008-178

                        Extension of Employee Probation Period

 

C.         Resolution No. 2008-179

Authorizing Approval of Department Requisitions

 

D.         Resolution No. 2008-180

                                    Authorizing Payment of Borough Bills

 

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.            Executive Session

 

            13.            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/Robilotti, C/Leonardis

                  Absent:            C/Cooke

 

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.

 

Meeting Workshop

 

Mayor Reynolds began Meeting Workshop by addressing all open items brought before Council that have not yet been resolved. 

  

Parking For Business Owner Employees

 

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk if we received letter back from Englishtown Antiques?

 

Peter Gorbatuk, Acting Municipal Clerk responds yes, it was sent to Stuart Moskovitz, Borough Attorney for review.

 

Mayor Reynolds states we can now proceed with marking out the Municipal Parking Lot with No Parking Signs from 7:00 AM – 7:00 PM., Two Hour Parking Signs, two front spots for Handicap Parking and four commuter spots that will be by lottery.

 

Laurie Finger, Borough Administrator asks Mayor Reynolds if he would like her to correspond to the businesses that had an issue with parking to let them know that this area is available?

 

Mayor Reynolds states that we will ask the Englishtown Antique owner where he would like them to park and we can then send a letter with a map showing them what spots are available.

 

C/Carr

 

C/Soden

 

Laurie Finger, Borough Administrator

 

C/Carr asks Laurie Finger, Borough Administrator if the remainder that needs to be done is covered by the 2%?

 

Laurie Finger, Borough Administrator responds yes, plus they have to post the maintenance bonds.

 

 C/Carr

·        The other bill I have is for the rooster enclosure from the Animal Control for $72.50. 

·        At the last Council meeting we discussed if there was an Ordinance against farm animals on residential properties. An article in the Asbury Park Press stated that we do have an Ordinance but in fact, we do not have one.

·        After we catch the roosters, what are we going to do with them?

 

Peter Gorbatuk, Acting Municipal Clerk

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of  August 27, 2008 was offered by C/Robilotti and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:           None

                     Absent:            C/Cooke

                    Abstain:            None

 

Committee Reports

 

Administration, Finance & Personnel

Councilwoman Leonardis has nothing to report.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke was not in attendance; nothing was reported.

 

Public Safety

Councilwoman Robilotti reports:

 

Mayor Reynolds asks C/Robilotti if there was any further discussion on the radios?

 

C/Robilotti

 

Public Utilities

Councilman Soden reports:

 

Public Buildings & Grounds

Councilwoman Carr reports:

 

Mayor Reynolds asks C/Carr to get information on what the cost would be.

 

Legislative, Insurance & Licenses

Councilman Simon has nothing to report: 

 

Correspondence

 

Peter Gorbatuk, Acting Municipal Clerk

·        Would like Council to take a look at information on Duck Crossing signs that will be placed by Weamaconk Lake.

 

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk if we have poles already in place to attach signs to or do we have to install our own poles?

 

Peter Gorbatuk, Acting Municipal Clerk

 

Stuart Moskovitz, Borough Attorney

 

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to give County a call.

Peter Gorbatuk, Acting Municipal Clerk

 

Public Portion – Agenda Items

 

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

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2008-09

 

ORDINANCE ESTABLISHING LIMITS FOR SALARIES OF THE EMPLOYEES OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH,

STATE OF NEW JERSEY

 

            BE IT ORDAINED, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

 

Ordinance numbers 97-02, 98-06, 99-07 and 2002-03, 2003-09, 2004-07, 2006-23, are hereby amended/supplemented:

           

            Section I:  The annual salary ranges are established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.

 

POSITION                                                                                SALARIES                                                                                                                             MINIMUM   MAXIMUM

 

TAX CLERK                                                               $  1,000.00        $  5,000.00

 

DEPUTY TAX COLLECTOR                                     $  1,000.00         $  7,500.00

 

FIRE OFFICIAL:

   FIRE INSPECTION

   FIRE SUB-CODE                                                     $ 5,000.00           $11,000.00

  

CODE ENFORCEMENT                                             $  2,500.00           $  8,500.00

 

MUNICIPAL HOUSING LIAISON                            $     500.00            $  1,500.00

            Section II:  Salaries shall be set forth by Resolution of Mayor and Council within the

aforementioned salary guidelines.

 

            Section III:  Payment of salaries shall be in equal bi-weekly, semi-monthly, monthly,

 quarterly or other  installments as the Mayor and Council may from time to time resolve.

 

            Section IV:  All ordinances or parts of ordinances inconsistent with this ordinance are

 hereby repealed.

 

            Section V:  This ordinance shall take effect upon its passage and publication according

 to 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.2008-09, above titled, was offered by C/Simon and

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

 

Offered by:                   C/Simon

 

Seconded by:               C/Robilotti

                       

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

                        Nays:   None

                    Abstain:    None

                     Absent:    C/Cooke

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2008-10

 

ORDINANCE AMENDING

CHAPTER 1.19

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“AFFORDABLE HOUSING DEVELOPMENT FEE REQUIREMENTS”

 

 

WHEREAS, the Borough Council of the Borough of Englishtown enacted an ordinance on November 8, 2006 in accordance with State law providing for certain Affordable Housing Development Fees to be collected in identified circumstances; ; and

WHEREAS, the New Jersey Department of Community Affairs promulgated new regulations effective June 2, 2008 establishing new rules applicable to affordable housing development fee requirements, set forth in N.J.A.C. 5:97-1.1 et seq.; and

 

WHEREAS, subsequent to the enactment of those regulations, the New Jersey Legislature enacted P.L. 2008, c.46, negating several of those rules and imposing other obligations and restrictions;

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.19 of the Code of the Borough of Englishtown is hereby amended as follows:

 

I.          Section 1.19.21.3.C. shall be amended to state as follows:

 

The intent of the Borough through enactment of this Section is to provide revenues with which to fund construction and/or rehabilitation of housing for low and moderate income families in order for the Borough to meet its legal requirements to provide affordable housing pursuant to the Fair Housing Act and court opinions commonly known as the “Mount Laurel” decisions.

 

II.         Section 1.19.21.3.E.1.a shall be amended to state as follows:

 

Residential Development Fees shall be one and one half percent (1.5%) of the equalized assessed value, provided no increased density is permitted.

 

III.       Section 1.19.21.3.E.2.a shall be amended to state as follows:

 

(i). Nonresidential Development Fees shall be two and one half percent (2.5%) of the equalized assessed value of the land and improvements, or in the case of additions to existing structures to be used for non-residential purposes, the fee shall be two and one half percent (2.5%) of the increase in equalized assessed value, of the additions to existing structures to be used for non-residential purposes.

 

(ii). No affordable housing obligation shall be imposed concerning a mixed use development that would result in an affordable housing obligation greater than that which would have been imposed if the residential portion of the mixed use development had been developed independently of the non-residential portion of the mixed use development.

 

IV.    Section 1.19.21.3.F shall be stricken in its entirety and replaced with the following:

F. Exemptions.

 

1. The following are eligible exactions, ineligible exactions and exemptions:

 

a. Affordable housing developments and developments where the developer has made a payment in lieu of constructing affordable units shall be exempt from development fees.

 

b. Developments that have received preliminary or final approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees.

 

c. All non-residential construction of buildings or structures on property used by churches, synagogues, mosques, and other houses of worship, and property used for educational purposes, which is tax-exempt pursuant to R.S.54:4-3.6, provided that the property continues to maintain its tax exempt status under that statute for a period of at least three years from the date of issuance of the certificate of occupancy.

 

d.  Federal, state, county and local governments.

 

e.  Person or entity seeking a construction permit for a unit which, when it received subdivision or site plan approval, was part of an application for less than three residential units.

 

f.   Person or entity seeking a construction permit to add to or remodel a residential structure provided the equalized assessed value of the improvement is less than the equalized assessed value of the original structure and further provided that no new dwelling units are created.

 

g. Parking lots and parking structures, regardless of whether the parking lot or parking structure is constructed in conjunction with a non-residential development, such as an office building, or whether the parking lot is developed as an independent non-residential development.

 

h.  Any non-residential development which is an amenity to be made available to the public, including, but not limited to, recreational facilities, community centers, and senior centers, which are developed in conjunction with or funded by a non-residential developer.

 

i. Non-residential construction resulting from a relocation of or an on-site improvement to a nonprofit hospital or a nursing home facility.

 

j. Projects that are located within a specifically delineated urban transit hub, as defined by state law.

 

2. A developer of a non-residential development exempted from the non-residential development fee pursuant to this section shall be subject to it at such time as the basis for the exemption set forth in this subsection no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later. 

 

V.        Section 1.19.21.3L.2 shall be amended to substitute N.J.A.C. 5:97-8.2 for N.J.A.C. 5:94-6.11.

 

VI.       Section 1.19.21.3.E.1.b shall be amended to change the reference to 1.19.23E.1.a to “1.19.21.3.E.1.a.” Section 1.19.21.3.E.2.b shall be amended to change the reference to 1.19.23E.1.a to “1.19.21.3.E.1.a.”

 

BE IT FURTHER ORDAINED THAT this Ordinance shall be submitted upon passage to COAH for review and approval, in accordance with N.J.A.C. 5:97-8.3. This Ordinance shall not take effect, nor shall any fees be collected hereunder until such approval has been received, and shall thereafter take effect upon publication in accordance with applicable law.

 

BE IT FURTHER ORDAINED THAT All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency. 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.

 

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

 

Adoption

A motion to adopt Ordinance No.2008-10, above titled, was offered by C/Simon and

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

 

Offered by:                   C/Simon

 

Seconded by:               C/Robilotti

                       

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

                        Nays:   None

                    Abstain:    None

                     Absent:    C/Cooke

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-177

 

AUTHORIZING THE BOROUGH OF ENGLISHTOWN TO JOIN

THE CENTRAL JERSEY COUNCIL OF GOVERNMENTS

 

            WHEREAS,             in 2007, the State Legislature enacted the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., which seeks to encourage the financial accountability of local units of government through empowering citizens, reducing waste and duplicative services, and clearing legal hurdles to shared services; and

 

            WHEREAS, the problem of high property taxes paid by New Jersey residents is not easily solved, but can be ameliorated through government action designed to encourage efficiency through shared services; and

 

            WHEREAS, Marlboro Township has hosted several “Shared Services Summits” which have consisted of meetings between local, county and statewide representative looking for new way to save taxpayer money in each participant’s respective community; and

 

            WHEREAS, as a result of these “Share Services Summits” it has been suggested that participating communities form and/or join a not for profit voluntary association of towns and counties called the “Central Jersey Council of Government”; and

 

            WHEREAS, the purpose of the Central Jersey Council of Governments is to encourage, coordinate and provide resources for towns and counties to share services and cut costs through shared services.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Borough of Englishtown is hereby authorized to assist in the formation of, and join the not for profit voluntary association of towns and counties called “Central Jersey Council of Government”; and

 

            BE IT FURTHER RESOLVED, that the Borough of Englishtown is committed to encouraging government efficiency through shared services that benefit the taxpayers of the Borough of Englishtown; and

 

            BE IT FURTHER RESOLVED, that the Borough of Englishtown is authorized to expend an amount not to exceed $300.00 in fees to join the Central Jersey Council of Governments.

 

Offered By:                  C/Simon

 

Seconded By:               C/Leonardis

 

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

                  Nays:          None

              Abstain:           None

               Absent:           C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-178

 

EXTENSION OF EMPLOYEE PROBATION PERIOD

 

            WHEREAS, Rosemary O’Donnell has been appointed as the Municipal Court Administrator effective June 30, 2008; and

 

            WHEREAS, said appointment was contingent upon a ninety (90) day probationary period expiring on September 28, 2008; and

 

            WHEREAS, by the recommendation of Judge Newman, the permanent appointment of Rosemary O’Donnell as Municipal Court Administrator shall be contingent upon an additional ninety (90) day probationary period expiring on December 27, 2008 which may be revisited by Judge Newman prior to the expiration of said date for recommendation of permanent appointment.

  

             BE IF FURTHER RESOLVED, that a certified true copy of this resolution be forwarded to the Borough Administrator, Judge Newman and Rosemary O’Donnell.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Simon

 

C/Carr

 

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

                  Nays:           None

              Abstain:            None

               Absent:            C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-179

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS

 

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

 

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

 

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

 

1.      The said approved requisitions amounting to the sum of $2,827.41

are hereby authorized to be processed into purchase orders on October 6, 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/Robilotti

 

Seconded By:               C/Simon

 

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

                  Nays:           None

              Abstain:            None

               Absent:            C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-180

 

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 $232,587.15

                   are hereby authorized to be paid on October 6, 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/Robilotti

 

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

                  Nays:          None

              Abstain:           None

               Absent:           C/Cooke

 

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 further questions or comments, a motion to close the public portion was offered by C/Carr and seconded by C/Robilotti.   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 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/Robilotti

 

Seconded By:               C/Soden

 

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

                   Nays:          None

                Absent:          C/Cooke       

               Abstain:           None

 

The time being 8:28 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/Simon. Passed unanimously.

 

The time being 10:00 P.M.

 

Adjournment

 

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

 

The time being 10:01 P.M.

 

__December 15, 2008_______                                          ________________________

Approved by Governing Body                                          Acting Municipal Clerk