** AGENDA **

 

September 24, 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:            SDAT Final Report & Recommendations

                                              by Donna Drewes, Municipal Land Use Center

 

5.        Approval of Minutes – August 13, 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.            Resolution No. 2008-163 – Tabled from 9/10/08 mtg.

            Authorizing Mayor to Sign Sanitary Sewer Approval–Elon Assoc

 

   10 .   New Business

 

A.            Ordinance No. 2008-09 – First Reading & Introduction

                        Establishing Limits for Employee Salaries

 

B.            Ordinance No. 2008-10 – First Reading & Introduction

                        Amending Chapter 1.19 Entitled “Affordable Housing Development Fee Requirements”

 

 

C.            Resolution No. 2008-170

Requesting Participation in County-Led Records Management Needs Assessment

 

D.            Resolution No. 2008-171

Authorizing Refund for Overpayment of Taxes

 

                        E.            Resolution No. 2008-172

                                    Waiving Developers’ Fees for 21 Wilson Avenue

 

                        F.            Resolution No. 2008-173

                                    Authorizing Services Over $800 –  Borough Hall floors

 

                        G.            Resolution No. 2008-174

                                    Authorizing Approval of Department Requisitions

 

                        H.            Resolution No. 2008-175

                                    Authorizing Payment of Borough Bills

 

                        I.            Resolution No. 2008-176

                                    Granting Approval for Raffle Application No. RA 2008-01

                                    for Battleground Historical Society

 

            11.            Tax Collector’s Report –             June 2008

                                                                             August 2008

 

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 7:30 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 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.

 

Presentation – SDAT Final Report & Recommendations

                          By Donna Drewes, Municipal Land Use Center

 

Donna Drewes

 

Donna Drewes reads aloud recommendations made by SDAT.

 

Short-term recommendations within the downtown area are as follows:

  1. Recognition of downtown businesses.
  2. Explore other successful historic downtowns in New Jersey
  3. Consider membership with a New Jersey Main Street program.
  4. Stripe parallel parking spaces along Main Street.
  5. Re-stripe existing crosswalks
  6. Add a mid-block crosswalk on Main Street at Hamilton Ave.

 

Mid-range recommendations and long-term recommendations:

  1. Pursue funding from the New Jersey Department of Transportation, Transportation Enhancement, for downtown streetscape improvements.
  2. Create a critical mass of downtown buildings that can support both retail and service oriented businesses.

 

Economic Development recommendations

 

Short-term Recommendations:

 

Mid-range recommendations

 

Long-term

 

Transportation Recommendations:

 

Short-term

 

Mid-range and Long-term Recommendations

 

Natural Resources Recommendations:

 

Short-term Recommendations

·        Apply for historic preservation grants from the New Jersey Historic Trust and Save America’s Treasures.

·        Become a certified Local Government by forming a Historic Preservation Commission and adopting a Historic Preservation Ordinance.

Mid-range Recommendations

·        Attain recognition in the National Register of Historical Places.

·        Publicize and promote heritage tourism

·        Apply for tree-planting grants from New Jersey Cool Communities.

·        Implement a community beautification awards program with a focus on tree stewardship.

 

Long-term Recommendations

·        Maintain the Village Center Designation.

·        Apply for New Jersey Smart Growth Grants.

·        Apply for grants from the Department of Transportation’s Safe Routes and Enhancements.

 

Donna Drewes states when report is 100% complete she will be back with the SDAT team for presentation.

 

Mayor Reynolds thanks Donna Drewes.

 

Approval of Minutes –

 

C/Robilotti

 

A motion to approve the Minutes of August 13, 2008 including the amendments from above was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:            None

                     Absent:            C/Cooke

                    Abstain:            C/Carr

 

Committee Reports

 

Administration, Finance & Personnel

Councilwoman Leonardis reports:

·        The budget has been adopted and we can now start on employee raises.  All employee evaluations are in except Chief Niziolek’s.

·        Ordinance on compensation to match Personnel Policy is ready and would like to address this at the next meeting.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman C/Cooke was not in attendance; nothing was reported.

 

Public Safety

Councilwoman Robilotti reports:

 

Public Utilities

Councilman Soden has nothing to report at this time.

 

Public Buildings & Grounds

Councilwoman Carr reports:

 

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk get new owners of Brandy Wine Nursing Home’s name so that he can give them a call.

 

Legislative, Insurance & Licenses

Councilman Simon reports: 

 

Correspondence

 

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

RESOLUTION NO. 2008-163

 

AUTHORIZING THE MAYOR TO SIGN THE STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION

SANITARY SEWER APPROVAL

ELON ASSOCIATES, LLC

BLOCK 26, LOTS 1 & 7

LASATTA AVENUE, BOROUGH OF ENGLISHTOWN

 

WHEREAS, Elon Associates filed an application to the NJDEP for sanitary sewer approval, and received NJDEP Treatment Works Approval, dated December 22, 2005; and,

 

WHEREAS, said NJDEP Treatment Works Approval expired December 20, 2007; and,

 

WHEREAS, Elon Associates is required to file a new application to renew the said NJDEP Treatment Works Approval; and,

 

WHEREAS, the application and associated paperwork has been reviewed and approved by the Borough Engineer, Thomas J. Herits PE PP PLS; and

 

            NOW, THEREFORE, BE IT RESOLVED, by the Governing Body, Borough of Englishtown, County of Monmouth, State of New Jersey that the Mayor is hereby authorized to sign the application

 

            BE IT FURTHER RESOLVED, a Certified Copy of the Resolution shall be provided by the Clerk to Elon Associates, the Borough Engineer and Borough Water Superintendent.

 

Offered By:                  C/Soden         

 

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                 FIRST READING & INTRODUCTION

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.

 

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

 

First Reading and Introduction on Ordinance No. 2008-09 was 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

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2008-09 is scheduled for the October 6, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

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.

 

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

 

First Reading and Introduction on Ordinance No.2008-10 was 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

 

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2008-10 is scheduled for the October 6, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-170

 

RESOLUTION REQUESTING PARTICIPATION IN COUNTY-LED

RECORDS MANAGEMENT NEEDS ASSESSMENT

 

            WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (PARIS) grant program to meet the strategic records management, preservation and storage needs of county and municipal governments; and

 

            WHEREAS, the State Records Committee (SRC), New Jersey Division of Archives and Records Management (DARM) and Corzine administration have all declared shared services of utmost priority and importance with the goal of saving taxpayer dollars; and

 

            WHEREAS, the SRC has declared that projects that call for the county government to provide for a records needs assessment, inventory and strategic plan for all constituent municipalities within their government to be of high priority for the PARIS program; and

 

            WHEREAS, the Borough of Englishtown is interested in pursuing records management shared services with the County of Monmouth and acknowledges that a comprehensive records management needs assessment is an essential building block of our own records management program; and

 

            WHEREAS, doing so will allow the county to pursue an efficient and centralized records management program; and

 

            WHEREAS, applying for such will give the county a higher competitive edge during the application and grant review process;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the Governing Body encourages the Board of Chosen Freeholders of the County of Monmouth to agree to conduct a comprehensive needs assessment for the Borough of Englishtown.

 

            BE IT FURTHER RESOLVED, that the Clerk forward a certified true copy of this resolution to Mark E. Acker, Director of Finance, County of Monmouth.

 

Offered By:                  C/Leonardis    

 

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. 2008-171

 

RESOLUTION AUTHORIZING REFUND FOR

OVERPAYMENT OF TAXES

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported an over-payment in 2008 taxes due to a County Tax Appeal judgment including 5% interest from the date of the overpayment in the amount of $49.64 on property Block 13, Lot 20 located in the Borough of Englishtown and should be refunded;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that in accordance with the request of the Tax Collector, a refund is hereby authorized in the amount of $49.64 to Leon A. III & Susan B. Marter; and

 

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

 

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

RESOLUTION NO. 2008-172

 

WAIVING DEVELOPERS’ FEES FOR 21 WILSON AVENUE

 

            WHEREAS, on August 29, 2000, Richard and Eric Pizzolongo received a Temporary Certificate of Occupancy for 21 Wilson Avenue;

 

            WHEREAS, without fault of the owners, certain additional signatures were not obtained to convert the Temporary Certificate of Occupancy to a permanent Certificate of Occupancy;

 

            WHEREAS, subsequently, the Borough passed an ordinance requiring developers’ fees to be paid in accordance with COAH regulations;

 

            WHEREAS, it was not the intent of this ordinance to collect fees for applications that had been approved significantly before the passage of the ordinance; and

 

            WHEREAS, the owners were advised that they would be required to pay $9,307 in such fees in order to finally obtain the Certificate of Occupancy that should have been granted prior to the passage of the ordinance:

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough will waive collection of these fees for this project and so advise the code official serving the Borough to issue the Certificate of Occupancy without the payment of the fees.

 

            BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be provided to the State of New Jersey, Department of Community Affairs Construction Official, Tax Assessor, Municipal Housing Liaison, and the owner of 21 Wilson Avenue.

 

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

RESOLUTION NO. 2008-173

 

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:

 

Stripping, Waxing & Burnishing of Borough Hall Floors - $825.00

 

Purchased From:

Joseph A. Eckenrode

DBA Total Floor Care

P.O. Box 1711

Wall, N.J.  07719

 

            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/Robilotti

 

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. 2008-174

 

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 $4,013.68

are hereby authorized to be processed into purchase orders on September 24, 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/Robilotti

 

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. 2008-175

 

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 $348,085.28

                   are hereby authorized to be paid on September 24, 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/Robilotti

 

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. 2008-176

 

RESOLUTION OF THE MAYOR AND GOVERNING BODY

GRANTING APPROVAL FOR RAFFLE APPLICATION NO. RA 2008-01

 

            WHEREAS, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 21, 2008; and

 

            WHEREAS, the Battleground Historical Society has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

 

            WHEREAS, the Mayor and Governing Body of the Borough of Englishtown finds that the Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

 

            WHEREAS, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

 

            WHEREAS, there is satisfactory proof that the Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

 

            WHEREAS, The Battleground Historical Society has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2008-01 for the Battleground Historical Society be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and

 

            BE IT FURTHER RESOLVED, that a copy of Raffle License RA2008-01 be forwarded by the Acting Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

 

BE IT FURTHER RESOLVED, on the fifteenth day after Raffle Application No. RA2008-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2008-01 may be issued to the Battleground Historical Society and copies of said license shall be distributed to the Licensee, the Acting Municipal Clerk, and the Borough of Englishtown Police Dept.

 

Offered By:                  C/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

 

 

Tax Collectors Report                        Month of June, 2008

                                                            Taxes, 2008                 $  39,765.93

                                                            Interest                         $       386.35

                                                           

                                                            Total Net                     $  40,157.28

 

 

Tax Collectors Report                        Month of August, 2008

                                                            Taxes, 2008                $636,583.81

                                                            Interest                        $    1,149.85

                                                            Duplicate Bill Fee         $       420.00

 

                                                            Total Net                     $641,771.68

 

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/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, raises, code; 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/Carr

 

Seconded By:                   C/Simon

 

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

                   Nays:           None

                Absent:           C/Cooke

               Abstain:            None

 

The time being 8:00 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  9:32 P.M.

 

Adjournment

 

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

 

The time being 9:33 P.M.

 

 

 

___November 24, 2008______                                          _______________________

Approved by Governing Body                                          Acting Municipal Clerk