** AGENDA **

 

April 22, 2009

 

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.         Proclamation: Honoring the 100th Birthday of Resident Josie Koenig

 

5.         Approval of Minutes  - February 11, 2009

 

6.                  Committee Reports

 

7.         Borough Engineer’s Monthly Report – April 2009

 

            8.        Correspondence

 

            9.         Borough Administrator/CFO Report

 

10.      Open Public Portion/Limited to Agenda Items Only

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

11.       Old Business:

           

A.       Ordinance No. 2009-06 – Public Hearing & Adoption

Establishing Chapter 2.33, Entitled “Charitable Clothing Bins”

 

B.        Ordinance No. 2009-07- Public Hearing & Adoption

Amending Chapter 2.55, Entitled “Animal Control Regulations”

  

12.            New Business:

 

A.                 Resolution No. 2009-103

Supporting Participation in the Sustainable Jersey Municipal Certification Program

 

B.         Resolution No. 2009-104

Authorizing Refund of Escrow

 

C.                 Resolution No. 2009-105

Authorizing Services Over $800

Water Dept. – Water Main Break – 19 Water Street

 

                        D.         Resolution No. 2009-106

Authorizing Approval of Department Requisitions

 

E.         Resolution No. 2009-107

Authorizing Payment of Borough Bills

 

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/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Absent:          C/Leonardis, C/Soden

 

Also present were Peter Gorbatuk, Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, 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.

 

At this time Mayor Reynolds reads aloud a Proclamation honoring the 100th birthday of resident Josie Koenig and proclaims February 20th Josephine Koenig Day in the Borough of Englishtown.  Mayor Reynolds presents Ms. Koenig with the proclamation, a key to the Borough and a bouquet of flowers to commemorate this milestone birthday.

 

Approval of Minutes

 

There being no corrections, deletions or additions, a motion to approve the Minutes of February 11, 2009 was offered by C/Rucker and seconded by C/Carr.  Passed on the following roll call:

 

Roll Call:            Ayes:          C/Rucker, C/Carr, C/Robilotti, C/Cooke         

                      Nayes:            None

                     Absent:            C/Leonardis, C/Soden

                    Abstain:            None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis was not in attendance this evening. Nothing was reported.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        May 2nd and 3rd is the Monmouth County Historical Tour, which includes the Village Inn.  The Village Inn will be open for tours both days. 

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

·        On April 7th, attended a ceremonial signing for the Central Jersey Council of Governments.  Governor Corzine was present

·        I will hold coffee with a councilwoman the first Saturday in May.

 

Public Safety

Councilman Soden was not in attendance this evening.  Nothing was reported.

 

Legislative, Insurance & Licenses

Councilwoman Carr has nothing to report this evening: 

 

Public Utilities

Councilman Rucker reports:

·        Water reads have been completed and the bills have been sent out. 

·        Water main break on Lasatta Avenue this week.  Due to the quick response of the DPW it was repaired in less than a day with limited interruption of service.

 

Mayor Reynolds reads aloud the Borough Engineers April monthly report. 

 

Correspondence

Peter Gorbatuk, Municipal Clerk

·        Letter from ARC Awareness thanking us for the proclamation.

·        Financial Disclosure Statements have been handed out.  They need to be handed back to the Clerk’s office by April 27th.

 

Borough Administrator/CFO Report

Laurie Finger has nothing to report this evening.

 

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/Carr.  Passed unanimously.

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-06

 

AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 2

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ESTABLISHING CHAPTER 2.133 ENTITLED,

“CHARITABLE CLOTHING BINS”

 

            WHEREAS, N.J.S.A. 40:48-2.60 et. seq. authorizes municipalities to impose and collect fees from persons wishing to place charitable clothing collection bins within a municipality; and

 

            WHEREAS, The Governing Body of the Borough of Englishtown deems it necessary, desirable and in the public interest to adopt an ordinance regulating the placement and establishing fees for the placement of charitable clothing collection bins within the Borough.

 

            NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN AS FOLLOWS:

 

Article I

 

D.                 SECTION 2.133  PERMIT REQUIRED

 

2.133-1            All persons seeking to place a charitable clothing collection bin, as that term is defined by N.J.S.A. 40:48-2.60 et. seq., within the Borough of Englishtown shall make application to the Clerk of the Borough for a Charitable Clothing Bin permit on such forms as shall be supplied by the Clerk.

 

2.133.2            Applicants shall pay an annual fee in the amount of twenty-five dollars ($25.00) for the above specified permit.

 

2.133.3            An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of a twenty-five dollar ($25.00) renewal fee.

 

2.133.4            Applicants for the above specified permit shall submit, as part of their application, written consent of the property owner upon whose land the charitable donation clothing collection bin be placed.

 

            BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed to the extent of their inconsistency herewith.  Should any section, subsection, sentence, clause, phrase, or portion of this ordinance be held 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 provisions hereof.

 

            BE IT FURTHER ORDAINED that this Ordinance shall take effect upon its passage and publication pursuant 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/Rucker and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-06, above titled, was offered by C/Rucker and

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

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Robilotti, C/Rucker

                             Nays:           None

 Abstain:           None

 Absent:         C/Leonardis, C/Soden

  

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-07

 

ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING AND SUPPLEMENTING CHAPTER 2.55

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “ANIMAL CONTROL REGULATIONS”

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey as follows:

 

ARTICLE I

Section 2.55.02(F) is hereby amended to read as follows:

 

(F)                                      The annual license fee for each neutered/spayed animal is Thirteen Dollars ($13.00); for each non-neutered/non-spayed animal the annual license fee is Sixteen Dollars ($16.00).  Persons failing to obtain the required license within the time period specified in this section shall be subject to a fine of Twenty-Five Dollars ($25.00).  If the offense continues unabated for an additional period of thirty (30) days an additional fine in the amount of Twenty-Five Dollars ($25.00) shall be levied.  Additional fines in said amount shall be imposed for each thirty-day (30) period that the pet animal remains unlicensed.

 

ARTICLE II

 

            All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.  If any section, subsection, 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.

 

E.                 ARTICLE III

            This Ordinance shall become effective immediately upon 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/Rucker and seconded by C/Robilotti.  Passed unanimously.

   

Adoption

A motion to adopt Ordinance No.2009-07, above titled, was offered by C/Rucker and

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

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Robilotti, C/Rucker

                             Nays:         None

 Abstain:          None

 Absent:         C/Leonardis, C/Soden

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-103

 

RESOLUTION SUPPORTING THE PARTICIPATION

IN THE SUSTAINABLE JERSEY MUNICIPAL CERTIFICATION PROGRAM

 

            WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

 

            WHEREAS, the Borough of Englishtown strives to save tax dollars, assure clean land, air and water, improve working and living environments as steps to building a sustainable community that will thrive well into the new century; and

 

            WHEREAS, the Borough of Englishtown hereby acknowledges that the residents of the Borough of Englishtown desire a stable, sustainable future for themselves and future generations; and

 

            WHEREAS, the Borough of Englishtown wishes to support a model of government which benefits our residents now and far into the future by exploring and adopting sustainable, economically sound, local government practices; and

 

            WHEREAS, by endorsing a sustainable path, the Borough of Englishtown is pledging to educate itself and community members further about sustainable activities and to develop initiatives supporting sustainable local government practices; and

 

            WHEREAS, as elected representatives of the Borough of Englishtown, we have a significant responsibility to provide leadership which will seek community based sustainable solutions to strengthen our community.

 

            NOW THEREFORE BE IT RESOLVED, that to focus attention and effort within the Borough of Englishtown on matters of sustainability, the governing body of the Borough of Englishtown wishes to pursue local initiatives and actions that will lead to Sustainable Jersey Municipal Certification.

 

            BE IT FURTHER RESOLVED, by the governing body of the Borough of Englishtown, that we do hereby authorize Peter Gorbatuk, Municipal Clerk to serve as the Borough of Englishtown’s agent for the Sustainable Jersey Municipal Certification process and authorize him to complete the Municipal Registration on behalf of the Borough of Englishtown.

 

Offered By:                  C/Rucker        

 

Seconded By:               C/Robilotti

 

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Robilotti, C/Rucker

                 Nays:   None

             Abstain:    None

              Absent:   C/Leonardis, C/Soden

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-104

 

AUTHORIZING RELEASE OF PLANNING BOARD ESCROW

 

            WHEREAS, George Reagor/Wayne Mackenrodt have a $2332.50 balance in their Planning Board Escrow Account regarding Block 2, Lots 23.03,23.04,23.05 and 23.06, LaSatta Avenue; and

 

            WHEREAS, it is recommended by the Planning Board Attorney and Planning Board Engineer that escrow billings for this project are complete and there will be no further invoices against this account therefore said amount could be released.

 

            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 authorizes release of the Planning Board Escrow Account balance of $2332.50 to Reagor/Mackenrodt, c/o Hanlon Niemann Attorney at Law – Juniper Business Plaza 3499 Route 9 North, Suite 1F Freehold, N.J.  07728.

 

            BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough Engineer, Chief Financial Officer and Reagor/Mackenrodt.

 

Offered By:                  C/Rucker

                                               

Seconded By:               C/Robilotti

           

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Nays:   None

               Abstain:  None

                Absent: C/Leonardis, C/Soden

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-105

 

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. – Water Main Break – 19 Water Street - $7,438.20

 

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/Rucker

                                               

Seconded By:               C/Robilotti

                       

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Nays:   None

               Abstain:   None

                Absent:  C/Leonardis, C/Soden

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-106

 

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 $11,574.41

are hereby authorized to be processed into purchase orders on April 22, 2009.

 

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/Rucker

                                               

Seconded By:               C/Carr

                       

Roll Call:  Ayes:     C/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Nays:   None

               Abstain:   None

                Absent:  C/Leonardis, C/Soden

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-107

 

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 $298,302.15

                   are hereby authorized to be paid on April 22, 2009.

 

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/Rucker

                                               

Seconded By:               C/Carr

                       

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Nays:   None

               Abstain:   None

                Absent:  C/Leonardis, C/Soden

 

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 litigation; 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/Rucker

 

Seconded By:       C/Carr

 

Roll Call:   Ayes:     C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:  None

                Absent:  None   

               Abstain:  None

 

The time being 7:49 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/Robilotti. Passed unanimously.

 

The time being 8:06 P.M.

 

At this time Mayor Reynolds adds Resolution No. 2009-108 to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-108

 

AUTHORIZING THE EXECUTION OF A WATER PURCHASE

AGREEMENT WITH THE GORDONS CORNER WATER COMPANY

 

            WHEREAS, the Borough of Englishtown entered into a Consent Order on March 26, 2009 which resolved a Mount Laurel lawsuit filed against it by Elon Associates, L.L.C.; and

 

            WHEREAS, the Consent Order executed by the Honorable Dennis R. O’Brien J.S.C. required, inter alia, that the Borough enter into a Water Service Agreement with the Gordons Corner Water Company on or before April 22, 2009 for the purpose of providing water to the Mount Laurel inclusive development to be constructed by Elon Associates, L.L.C.; and

 

            WHEREAS, the proposed form of Water Service Agreement prepared by counsel for the Gordons Corner Water Company was reviewed by the Mayor and Council of the Borough of Englishtown and found acceptable as drafted and revised; and

 

            WHEREAS, said Agreement requires the Borough to commence purchasing 50,000 gallons of potable water per day from Gordons Corner Water Company on or before March 31, 2011 and to continue purchasing said water for a period of ten (10) years to provide potable water to the Elon project; and

 

            WHEREAS, execution of the proposed Water Service Agreement by the Mayor and Clerk of the Borough of Englishtown is necessary and appropriate.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the Borough of Englishtown that the Mayor and Clerk of the Borough of Englishtown be, and the same are hereby authorized to execute the “WATER SALE AGREEMENT” between the Gordons Corner Water Company and the Borough of Englishtown, a copy of which is annexed hereto and incorporate herein by reference.

 

Offered By:                  C/Carr

                                               

Seconded By:               C/Robilotti

                       

Roll Call:  Ayes:    C/Carr, C/Cooke, C/Robilotti, C/Rucker

                  Nays:   None

               Abstain:   None

                Absent:  C/Leonardis, C/Soden

 

Adjournment

 

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

 

The time being 8:13 P.M.

 

 

 

_____July 8, 2009_________                                          ________________________

Approved by Governing Body                                          Municipal Clerk