** AGENDA **

 

August 12, 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.        Presentation:     Community Forestry Management Plan

                                    William Brash Jr.

 

5.        Meeting Workshop

·        Alarm Ordinance

·        COAH Development Fee Ordinance

·        Property Maintenance re: Vacant Lots Ordinance

 

6.                 Approval of Minutes  - May 27, 2009

 

7.         Borough Engineer’s Monthly Report – August 2009

 

8.         Committee Reports

 

            9.         Correspondence

 

            10.        Borough Administrator/CFO Report

 

11.       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.

 

12.       New Business:

 

                        A.        Resolution No. 2009-162

                                    Appointment of Police Commissioner

 

B.                 Resolution No. 2009-163

Authorization of Services Over $800

Redevelopment of Well #2 – Acid Treatment

 

C.        Resolution No. 2009-164

Authorization of Services Over $800

Police Dept. - Ammunition

 

D.                 Resolution No. 2009-165

Emergency Temporary Appropriations

 

                        E.         Resolution No. 2009-166

Authorizing Approval of Department Requisitions

 

F.         Resolution No. 2009-167

Authorizing Payment of Borough Bills

 

13.              Tax Collector’s Report –         June 2009

July 2009

 

14.       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.

           

            15.       Executive Session

 

            16.       Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

Roll Call:  Present:  C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

                  Absent: None

 

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.

 

Mayor Reynolds opens the floor to William Brash Jr. for the presentation of the Borough of Englishtown’s Community Forestry Management Plan.  Also discussed is the Community Stewardship Incentive Program (CSIP) Grant, which provides municipalities with up to $25,000 to assist them in the implementation of forestry goals, and objectives as stated in their five-year community forestry management plan.

 

A motion to approve the Community Forestry Management Plan and to move forward with the CSIP Grant is offered by C/Carr and seconded by C/Robilotti

 

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

                      Nayes:            C/Leonardis

                     Absent:            None

                    Abstain:            None

 

Meeting Workshop

 

Alarm Ordinance:              Mayor and Council received a copy of a memo from Chief Niziolek with his recommendations regarding the requested changes to the Ordinance.  Additional change is to remove §2.133.10 “Rule Making Authority”.  The Public Hearing & Adoption on Ordinance No. 2009-11 including amendments to take place at the August 26, 2009 Council Meeting.

 

COAH Development Fee Ordinance:  Attorney Youssouf states the proposed changes are mandated.  A draft copy of this Ordinance needs to be approved by COAH prior to its first reading and introduction.

 

Property Maintenance Ordinance re: Vacant Lots:  Mayor and Council approve the draft.  Mayor Reynolds adds the first reading and introduction to tonight’s agenda.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of May 27, 2009 was offered by C/Carr and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  C/Wojyn

 

Borough Engineers Monthly Report – August 2009

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        Updates council on mileage reimbursement confusion from last meeting for Ed Miller and Ralph Kirkland.

Laurie Finger states a new log sheet was created to track mileage.  This was discussed with the employees. 

 

Administration, Finance & Personnel

Councilman Wojyn has nothing to report this evening.

 

Public Safety

Councilwoman Robilotti reports:

·        Police activity report from 7/19 – 8/9, 386 total calls including motor vehicle stops. 

·        Received a donation of $13.70 from “the Green Children” which is the proceeds from their first lemonade stand.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        There is poison ivy, poison sumac and mildew growing in the jungle gym area in Sanford Park.  It also needs to be power washed.

·        How are we going to thank Harry Soden for his many years of service to the Borough?  Discussion takes place between Mayor and Council.

 

Public Utilities

Councilman Rucker reports:

·        Acid treatment on well #2 was very successful.

 

Correspondence

No correspondence this evening.

 

Borough Administrator/CFO Report

Laurie Finger states:

·        List of items on the COAH report are diligently being worked on.  We are awaiting the certifying of 11 apartments by the assisted living facility.  If we can’t get the 11 apartments certified I don’t think we can get the third round approved.  In the meantime, we need to move forward with the other items. 

 

Discussion continues between Mayor, Council, Laurie Finger and Attorney Youssouf

re: Third Round COAH.

 

·        We also need to redo the Housing Element and Fair Share Plan and resubmit it by October 2nd.  We would need to schedule a joint meeting with Council and the Planning Board to approve the amendment to the plan. 

 

Mayor Reynolds requests Laurie Finger to contact Planning Board and have them come to the September 23, 2009 council meeting to approve the amended COAH plan.

Laurie Finger continues:

·        Updates Mayor and Council on her search to find cheaper telephone service.  Waiting to hear back from a few companies.  In the meantime contacted current provider AT&T and was able to lower existing charges by 75%. 

·        Contacted U.S. Gas & Electric, Fort Lee, N.J. that is a third party natural gas supplier. They provide the gas to New Jersey Natural Gas.  Effective October 1st, we should experience a 35% reduction on our gas bill.  If we find it works well here, then come January we can offer it to the Borough residents and they will see a 12% reduction.

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-12

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING AND SUPPLEMENTING CHAPTER 2.100

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “PROPERTY MAINTENANCE CODE”

 

A motion to introduce the above ordinance by title only was offered by C/Robilotti and seconded by C/Leonardis.  Passed on the following roll call:

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Leonardis

 

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

                  Nays:          None

 Abstain:          None

 Absent:         None

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the August 26, 2009 council meeting.

  

Mayor Reynolds asks for nominations for Police Commissioner.  C/Robilotti nominates herself as Police Commissioner, seconded by C/Carr.  No other nominations.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-162

 

APPOINTMENT OF POLICE COMMISSIONER

 

            WHEREAS, there is a need to fill the position of Police Commissioner as set forth in the Code of the Borough of Englishtown, Chapter 1.33.03:

           

            WHEREAS, due to the resignation of Councilman Harry Soden on June 24th 2009 this office became vacant.

 

            NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown that Councilperson Cindy Robilotti is hereby appointed as Police Commissioner of the Borough of Englishtown, which appointment shall be effective August 12, 2009 through December 31, 2009 

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Municipal Clerk to the Borough Administrator, the Police Commissioner, and the Police Chief.

           

Offered By:                  C/Robilotti

                                   

Seconded By:               C/Carr

 

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

                  Nays:   None

              Abstain:   None

               Absent:   None

 

At this time Mayor Reynolds asks for nominations for the Police Commission.  C/Robilotti nominates C/Wojyn, seconded by C/Carr.  No other nominations were made.  Resolution No. 2009-168 is added to the agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-163

 

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:

 

Redevelopment of Well #2 – Acid Treatment - $7,537.00

 

Purchased From:

A.C. Schultes Inc.

664 South Evergreen Avenue

Woodbury, N.J.  08096

 

            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/Carr

                                   

Seconded By:               C/Robilotti

 

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

                  Nays:   None

              Abstain:   None

               Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-164

 

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:

 

Police Dept. – Ammunition - $2,824.14

 

Purchased From:

Eagle Point Gun Shop

T.J. Morris & Son

1707 Third Street

Thorofare, N.J.  08086

 

            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/Carr

 

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

                  Nays:   None

              Abstain:    None

               Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-165

 

EMERGENCY TEMPORARY APPROPRIATIONS

 

WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2009 Budget and no adequate provision has been made in the 2009 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 2009 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $862,163.00

 

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 $48,100.00 as per attached sheet.

 

2.  Said emergency temporary appropriations will be provided for in the 2009 budgets.

 

3.      That one certified copy of this resolution be filed with the Director,

Division of Local Government Services.

 

Offered By:                  C/Robilotti

                                   

Seconded By:               C/Carr

 

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

                  Nays:   None

              Abstain:   None

               Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-166

 

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 $10,812.13

are hereby authorized to be processed into purchase orders on August 12, 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/Robilotti

                                   

Seconded By:               C/Carr

 

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

                  Nays:   None

              Abstain:    None

               Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-167

 

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 $380,595.31

                   are hereby authorized to be paid on August 12, 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/Robilotti

                                   

Seconded By:               C/Carr

 

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

                  Nays:   None

              Abstain:   None

               Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-168

 

APPOINTMENT OF POLICE COMMISSION

 

            WHEREAS, there is a need for the council appointment of a Police Commission as set forth in the Code of the Borough of Englishtown, Chapter 1.33.03;

 

            WHEREAS, the Borough Council shall designate from among its membership two or more members, along with the Mayor which shall constitute a Police Commission.  The Police Commissioner shall chair the Police Commission;

 

            NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council as follows that Councilwoman Cindy Robilotti and Councilman Gregory Wojyn are hereby appointed to the Police Commission of the Borough of Englishtown, which appointment shall be effective August 12, 2009 through December 31, 2009.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Municipal Clerk to the Borough Administrator, members of the Police Commission and the Police Chief.

 

Offered By:                  C/Robilotti

                                   

Seconded By:               C/Carr

 

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

                  Nays:   None

              Abstain:   None

               Absent:   None

 
Tax Collector’s Report
 
June 2009

 

                                    2009 Taxes                   $288,906.63

                                    Cost of Sale                           701.97

                                    Net Receipts                  $289,613.60

 

 

July 2009

 

                                                2009 Taxes                  $29,878.82

                                                2008 Taxes                      9,621.40

                                                Interest                             1,454.56

                                                Net Receipts                 $40,954.78

                                   

 

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.

 

Wayne Krawiec, Lasatta Avenue re: potholes on Mt. Vernon Road.  Possibly work with Manalapan to get the road repaired.

 

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

 

Seconded By:                   C/Leonardis

 

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

                   Nays:  None

                Absent:   None   

               Abstain:   None

 

The time being 9:40 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 10:08 P.M.

 

Adjournment

 

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

 

The time being 10:08 P.M.

 

 

___October 28, 2009_______                                          ________________________

Approved by Governing Body                                         Municipal Clerk