** AGENDA **

 

December 14, 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.                  Award Presentation:             Length of Service Awards

 

·        Chief John Niziolek       20 years of service

·        Sgt. Richard Settele      15 years of service

·        Christine Robbins            5 years of service

·        Janice Garcia                   5 years of service

 

5.            Approval of Minutes  -          September 23, 2009

            October 14, 2009

6.            Committee Reports

 

            7.            Borough Engineer’s Monthly Report – December 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. 2009-14 – Public Hearing & Adoption

                                    Amending & Supplementing Chapter 2.106 Entitled “Sewers”

 

B.                 Ordinance No. 2009-15 – Public Hearing & Adoption

Amending & Supplementing Chapter 2.126 Entitled “Water”

 

C.         Ordinance No. 2009-16 – Public Hearing & Adoption

            Updating Council on Affordable Housing, Development Fees

 

12.              New Business:

 

A.                 Resolution No. 2009-217

Refunding Non-Residential Developer Fee (COAH) to Quick Chek

 

B.                 Resolution No. 2009-218

Authorizing Appropriation Transfer

 

C.                 Resolution No. 2009-219

Authoring Cancellation of Unexpended Balance

 

                        D.         Resolution No. 2009-220

Canceling A General Capital Reserve Balance

 

E.         Resolution No. 2009-221

Canceling Account Payable Balance

 

F.         Resolution No. 2009-222

                                    Authorizing Employees to Carry Over Remaining Vacation Days

 

G.         Resolution No. 2009-223

Authorizing Purchases Over $800 – Police Dept. Vehicle Tires

 

H.         Resolution No. 2009-224

Authorizing Purchases Over $800 – Police Dept. Data Line

 

I.          Resolution No. 2009-225

Authorizing Purchases Over $800

Water Plant – Repair Totalizing Meter

 

J.          Resolution No. 2009-226

Authorizing Approval of Department Requisitions

 

K.         Resolution No. 2009-227

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.              Personnel Discussion

 

            15.       Executive Session

 

            16.       Adjournment

 

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

 

Award Presentation:  Length of Service Awards

 

At this time Mayor Reynolds presents awards for length of service to:

 

Chief John Niziolek for 20 years of service.

Sgt. Richard Settele for 15 years of service

Christine Robbins for 5 years of service

Janice Garcia for 5 years of service

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of September 23, 2009 & October 14, 2009 was offered by C/Rucker and seconded by C/Carr.  Passed on the following roll call:

 

C/Carr questions October 14, 2009 minutes on page 5 – has anything been done regarding putting target enforcement areas in place.

 

C/Robilotti states haven’t heard from Chief re: this.  Per Mayor to Clerk – send Chief a memo that we have still not received a response about potential target enforcement areas.

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        Holiday Carriage ride was held December 12th.  We had a nice turnout.  Thanks to all the volunteers.

·        Asked Ed Miller, Fire Official to give me an estimate of how much revenue we could generate by increasing fire inspection fees by $20.00, which is still way under what other towns charge.  We could make an extra $500/year on smoke detector compliance fees and an additional $600/year on inspection fees. 

C/Cooke states she will copy the information given to her by Ed Miller to council so everyone can review it to see if it would be worth doing.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·        Proposals have been coming in from telephone vendors.  The leading candidate represents an approximate 25% cost savings for the Borough.  Proposal is currently in attorney review.  There would be no change to the infrastructure or phone system.

·        Have been working with Laurie Finger, BA to setup wireless Internet access within the council chambers.  We should have that completed within the next couple of weeks.

·        Tomorrow evening at 8pm, Manalapan’s Town Meeting will be held regarding the proposed affordable housing project on Wood Avenue.  I encourage residents to attend the meeting.

 

Public Safety

Councilwoman Robilotti reports:

·        Attended the NJ Council on Affordable Housing meeting on December 9th with Celia Hecht, Municipal Housing Liaison and we accepted our certification.

·        Police Activity Report from 11/22 – 12/13 total calls including motor vehicle stops -340.  Total motor vehicle stops - 119.  The year to date police activity report total calls including motor vehicle stops - 7,430.  Total motor vehicle stops - 2,612.

·        Memo received from Chief Niziolek, regretful that he could not attend tonight’s council meeting but thanks the citizens of Englishtown for the honor of serving them for over 20 years.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Missed NJ Council on Affordable Housing meeting on 12/9 due to illness.  Thank you to Celia and C/Robilotti for attending and receiving our certification.

·        Thanks Mayor and council members who attended the insurance meeting.  For each person who attended we receive a $250.00 discount on our insurance bill.

·        Also encourage residents to attend Manalapan’s meeting tomorrow night.  This proposed project would have a huge impact on Englishtown.

 

Public Utilities

Councilman Rucker has nothing to report this evening.

 

Mayor Reynolds reads Borough Engineer’s monthly report.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states:

·        Received correspondence from the census bureau requesting to set up an information table inside Borough Hall from March 19th – April 19th to assist residents with the census process and answer any questions they may have.  

Consensus of council unanimous to allow Census Bureau to set up a table inside Borough Hall.

·        Garbage pick scheduled for Christmas Day and New Years Day, which is a Friday, will instead be on Saturday.

 

Borough Administrator/CFO Report

Laurie Finger states:

·        Part of the COAH certification that we received, on the resolution that was adopted that day, there are items that we need to do within the next 45 days or else they will take back our certification: 

  1. Adoption of Development Fee Ordinance, which is on tonight’s agenda.
  2. Adoption of an Ordinance to address the requirements of the COAH Regarding Compliance with the Municipality’s Prior Round and Third Round Affordable Housing Obligation.  First reading & introduction of this Ordinance needs to be added to tonight’s agenda.
  3. Execute contract with Monmouth County for the rehab program, which authorizing resolution will be on the reorganization meeting agenda.
  4. Adoption of the Affirmative Marketing Plan, which will also be on the reorganization meeting agenda.

·        Received five quotes from banks.  Amboy Bank looks like they will give us the most interest and the most services. Their interest would be at least $10,000/yr. higher than Sovereign Bank.  Would like permission to move the Borough accounts from Sovereign Bank to Amboy Bank as of January 1st.

Consensus of council unanimous to switch banks, to be effective January 1st, 2010.

 

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/Leonardis.  Passed unanimously.

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-14

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.106 (SEWERS) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:

 

1.   Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after November 9, 2009, be charged a connection fee of $907.00 (nine hundred seven) dollars.

 

2.      All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

3.      This ordinance shall take effect upon final adoption 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/Robilotti and seconded by C/Leonardis.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-14, above titled, was offered by C/Carr and

seconded by C/Rucker.  Passed on the following roll call:

 

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

                 Nays:  None

             Abstain:   None

 Absent:    None

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-15

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.126 (WATER) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:

 

1.  Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

A.     Taps.

(1)   For all taps on installations from the main to the curb stop made by   the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: 

 

     $2,537.00 (two thousand, five hundred and thirty-seven dollars) per E.D.U.

 

2. Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.

                 

3.      This Ordinance shall take effect following final adoption and publication pursuant thereto.

 

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

 

Adoption

A motion to adopt Ordinance No.2009-15, above titled, was offered by C/Robilotti and

seconded by C/Cooke.  Passed on the following roll call:

 

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

                 Nays:   None

             Abstain:            None

 Absent:                 None

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-16

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

UPDATING COUNCIL ON AFFORDABLE HOUSING,

DEVELOPMENT FEE ORDINANCE

 

     BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown that Chapter 1.19.21.3 of the Code of the Borough of Englishtown entitled “Affordable Housing Development Fees” be repealed in its entirety and replaced with the following:

 

1.19.21.3                  Affordable Housing Development Fees

 

1.            Purpose

 

a) In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing’s (COAH’s) adoption of rules.

 

b) Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans.  Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non-residential development.

 

c) This ordinance establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance P.L.2008, c.46, Sections 8 and 32-38.  Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing.  This ordinance shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:97-8.

 

2.            Basic requirements

 

a)               This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

 

b)               The Borough of Englishtown shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3. 

 

3.            Definitions

 

The following terms, as used in this ordinance, shall have the following meanings:

 

Affordable housing development means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.

 

COAH” or the Council means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

 

Development fee means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

 

Developer means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. 

 

Equalized assessed value means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c). 

 

Green building strategies means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

  

4.         Residential Development fees

a)                  Imposed fees

 

i.         Within the Borough of Englishtown district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of one and one half percent (1.5%) of the equalized assessed value for residential development provided no increased density is permitted.

 

ii.       When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance) has been permitted, developers may be required to pay a development fee of six percent (6%) of the equalized assessed value for each additional unit that may be realized.  However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

 

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal one and a half percent of the equalized assessed value on the first two units; and the specified higher percentage up to six percent of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

 

b)      Eligible exactions, ineligible exactions and exemptions for residential development

 

i.         Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees. 

 

ii.       Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval.  Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose.  The fee percentage shall be vested on the date that the building permit is issued.

 

iii.      Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement.  The development fee shall be calculated on the increase in the equalized assessed value of the improved structure. 

 

iv.     Residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.

 

5.        Non-residential Development fees

 

a)                  Imposed fees

 

i.         Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots. 

 

ii.       Non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

 

iii.      Development fees shall be imposed and collected when an existing structure is demolished and replaced.  The development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued.  If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.

 

b)                  Eligible exactions, ineligible exactions and exemptions for non-residential development

 

i.         The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the two and a half (2.5) percent development fee, unless otherwise exempted below.

 

ii.       The 2.5 percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

 

iii.      Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L.2008, c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” Form.  Any exemption claimed by a developer shall be substantiated by that developer.

 

iv.     A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the basis for the exemption 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.       If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption.  Unpaid non-residential development fees under these circumstances may be enforceable by the Borough of Englishtown as a lien against the real property of the owner.

 

6.         Collection procedures

 

a) Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. 

 

b) For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption” to be completed as per the instructions provided.  The developer of a non-residential development shall complete Form N-RDF as per the instructions provided.  The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

 

c) The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.

 

d) Within 90 days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

 

e) The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

 

f) Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

 

g)      Should the Borough of Englishtown fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).

 

h) Fifty percent of the development fee shall be collected at the time of issuance of the building permit.  The remaining portion shall be collected at the issuance of the certificate of occupancy.  The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

 

i) Appeal of development fees

 

1) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Borough of Englishtown.  Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination.  Interest earned on amounts escrowed shall be credited to the prevailing party.

 

2) A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Englishtown.  Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such determination.  Interest earned on amounts escrowed shall be credited to the prevailing party.

 

7.       Affordable Housing trust fund

 

a) There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls. 

 

b) The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

1.       payments in lieu of on-site construction of affordable units;

2.       developer contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible;

3.       rental income from municipally operated units;

4.       repayments from affordable housing program loans;

5.       recapture funds;

6.       proceeds from the sale of affordable units; and

7.       any other funds collected in connection with the Borough of Englishtown’s affordable housing program.

 

c)         Within seven days from the opening of the trust fund account, the Borough of Englishtown shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, Sovereign Bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b). 

 

d)         All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH. 

 

8          Use of funds

 

a)                  The expenditure of all funds shall conform to a spending plan approved by COAH.  Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Borough of Englishtown’s fair share obligation and may be set up as a grant or revolving loan program.  Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.   

 

b)                 Funds shall not be expended to reimburse the Borough of Englishtown for past housing activities.

 

c)                  At least 30 percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan.  One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of median income by region.

 

                                              i.                       Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

 

                                             ii.                       Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income. 

                                           iii.                       Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

 

d) The Borough of Englishtown may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

 

e) No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program.  In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses.  Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH’s monitoring requirements.  Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council’s regulations and/or action are not eligible uses of the affordable housing trust fund.

 

9.        Monitoring

 

a) The Borough of Englishtown shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Englishtown’s housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH.  All monitoring reports shall be completed on forms designed by COAH.

10.       Ongoing collection of fees

 

a) The ability for the Borough of Englishtown to impose, collect and expend development fees shall expire with its substantive certification unless the Borough of Englishtown has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH’s approval of its development fee ordinance.  If the Borough of Englishtown fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund.  Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985, c.222 (C.52:27D-320).  The Borough of Englishtown shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Borough of Englishtown retroactively impose a development fee on such a development.  The Borough of Englishtown shall not expend development fees after the expiration of its substantive certification or judgment of compliance.

 

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

 

Adoption

A motion to adopt Ordinance No.2009-16, above titled, 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, C/Wojyn

              Nays:      None

             Abstain:   None

 Absent:    None

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-217

 

RESOLUTION REFUNDING NON-RESIDENTIAL

DEVELOPER FEE (COAH) TO QUICK CHEK, INC.

 

            WHEREAS, Quick Chek Corporation opened a store located at 1 Wilson Avenue in the Borough of Englishtown and recently obtained its final Certificate of Occupancy on May 1, 2009; and

 

WHEREAS, in accordance with the Borough’s Affordable Housing Development Fee Ordinance, Quick Chek Corp. is required to pay a Non-Residential Development Fee (COAH Fee); and

 

            WHEREAS, Resolution #2009-085 adopted on March 11, 2009, validated Quick Chek’s complaint and corrected the amount of the COAH contribution fee from 2.5% to 2% which was based on the rules in effect at the time the COAH assessment should have been levied when they obtained their building permit on September 16, 2006; and

 

            WHEREAS, the Tax Assessor calculated the 2% Non-Residential Developer Fee to be $43,006.00 which was paid by Quick Chek on March 30, 2009; and

 

            WHEREAS, the Chief Financial Officer received said payment from Quick Chek on April 7, 2009 and deposited $43,006.00 into the Borough’s COAH Housing Trust Fund at Sovereign Bank; and

 

            WHEREAS, the New Jersey Economic Stimulus Act of 2009, P.L. 2009, c.90 which was signed into law by Governor Corzine on July 27, 2009 allows for a claim of refund of Non-Residential Development Fees for developer plans which were granted approval prior to July 17, 2008; and

 

            WHEREAS, pursuant to Sections 37 through 39 of P.L. 2009, c.90 Quick Chek has submitted in writing to the Municipality, prior to November 30, 2009, a claim for reimbursement of Non-Residential Development Fees in the amount of $43,006.00.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that the Non-Residential Development Fee in the amount of $43,006.00 be refunded to Quick Chek, Inc. located at 3 Old Highway 28, P.O. Box 600, Whitehouse Station, NJ 08889.

 

            BE IT FURTHER RESOLVED that the Chief Financial Officer is hereby directed to submit a claim and seek reimbursement from the State of New Jersey prior to March 30, 2010 in the amount of $43,006.00.

 

Offered By:         C/Robilotti

 

Seconded By:       C/Cooke

 

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. 2009-218

 

RESOLUTION AUTHORIZING APPROPRIATION TRANSFER

 

            WHEREAS, N.J.S.A. 40A: 4-58 provides that during the last 2 months of the fiscal year, to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $5,000.00 be made in the 2009 budget as attached.

 

Water Operating Fund:

 

From:              

Salary & Wages                                      $3,000.00

 

To:                                                                                           Reason

Unemployment OE                                 $3,000.00                  Fund Unemployment Trust

 

Sewer Operating Fund:

 

From:              

Salary & Wages                                      $2,000.00

 

To:                                                                                           Reason

Unemployment OE                                  $2,000.00                 Fund Unemployment Trust

 

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. 2009-219

 

RESOLUTION AUTHORIZING CANCELLATION OF

UNEXPENDED BALANCE

 

            WHEREAS, the following 2009 Water Operating Fund Budget appropriation balance remain unexpended:

                        Water Capital Outlay Other Expenses            $40,000.00

 

            WHEREAS, it is necessary to formally cancel said balance so that the unexpended balance may be credited to Surplus;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough Of Englishtown, that the above listed unexpended balance of the Water Operating Fund be canceled.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-220

 

RESOLUTION CANCELING A GENERAL CAPITAL RESERVE BALANCE

 

            WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now complete; and

 

            WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorization may be canceled;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following unexpended and dedicated balances of General Capital Appropriations be canceled:

                                                                                                                    Amount Canceled

Ord No.   Date Auth.       Project                                     ______   _                       Unfunded

 

2007-15   10/10/07              Reconstruction Dey St                                             $35,750.00

 

Total Reserve Balance Canceled                                                                     $35,750.00

                       

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-221

 

RESOLUTION CANCELING ACCOUNT PAYABLE BALANCE

 

            WHEREAS, there exists an accounts payable on the books of the Current Fund; and

 

            WHEREAS, the purchase order and contract creating this accounts payable has been investigated and it has been determined that the balance should be canceled;

 

            NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, that the following accounts payable in the amount of $239.00 be canceled:

                                                                                                              

P.O. No.      Date                   Vendor                                                          Amount

 

06-01136   12/26/06             Manalapan Hardware                                    $239.00

 

            BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the Borough Chief Financial Officer and Borough Auditor.

 

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

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-222

 

AUTHORIZING BOROUGH EMPLOYEES TO CARRY OVER

REMAINING VACATION TIME TO THE YEAR 2010

 

            WHEREAS, several Borough employees have not used all of their allowed vacation time; and

 

            WHEREAS, it is difficult to use said time by the end of the year; and

 

            WHEREAS, the department heads state that the remaining vacation time is as follows:

                       

Richard Guffanti                     5 Vacation Days Remaining

Wayne Krawiec                     5 Vacation Days Remaining

Celia Hecht                            5 Vacation Days Remaining

Peter Gorbatuk                      5 Vacation Days Remaining

Rosemary O’Donnell              4 Vacation Days Remaining

Laurie Finger                          5 Vacation Days Remaining

Jeanne Keevins                    3.5 Vacation Days Remaining

 

            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 personnel will be allowed to carry their remaining vacation time over to the year 2010 provided this time is used by June 30, 2010.

 

            BE IT FURTHER RESOLVED a certified true copy of this Resolution be forwarded to Laurie Finger, Richard Guffanti, Wayne Krawiec, Rosemary O’Donnell, Celia Hecht, Jeanne Keevins, Peter Gorbatuk and the Borough Auditor.

 

Offered By:          C/Robilotti

 

Seconded By:       C/Cooke

 

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. 2009-223

 
AUTHORIZATION OF PURCHASES OVER $800

 

            WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

Police Dept. – Police Vehicle Tires - $1,558.84

Purchased From:

B & S Tire

3417 Route 9

Freehold, N.J.  07728

 

            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. 2009-224

 

AUTHORIZATION OF PURCHASES OVER $800

 

            WHEREAS, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            WHEREAS, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            WHEREAS, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

Police Dept. – Police Data Line - $4,439.88

Purchased From:

Monmouth County Treasurer

Attn: Sheriff’s Office

P.O. Box 5007

Freehold, N.J.  07728

 

            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/Wojyn

 

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. 2009-225

 

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 Plant – Repair Totalizing Meter - $1,164.80

 

Purchased From:                                          Allied Meter Service Inc.

340 E. Broad Street

P.O. Box 617

Burlington, N.J.  08016

 

            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/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Wojyn

     Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-226

 

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 $11,102.97

are hereby authorized to be processed into purchase orders on December 14, 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. 2009-227

 

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 $406,053.03

                   are hereby authorized to be paid on December 14, 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

 

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

 

Personnel Discussion

 

Joseph Youssouf, Borough Attorney states two RICE notices were served    one employee wished it to be in open session and one wished it to be in closed session. 

 

Attorney Youssouf reads aloud the notice served to Diane Koellner, who requested discussion be held during open session. 

 

Laurie Finger states the subject matter is the position of the Deputy Court Administrator.

 

Attorney Youssouf states it is his understanding that there is a question of consolidation and elimination of this position and this has nothing to do with disciplinary action towards the employee.

 

Discussion takes place between Mayor, Council, Diane Koellner and Municipal Court Administrator Rosemary O’Donnell regarding the deputy position.  A decision is made to reduce the hours of the Deputy Court Administrator to 10 hrs per week rather than eliminating the position at this time.  Diane Koellner requests she work two 5 hours days to fulfill the 10-hour workweek. 

 

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 matters; 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/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 8:40 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 9:06 P.M.

 

At the conclusion of executive session, Attorney Youssouf states at this juncture, it is the consensus of the Mayor and Council that the hours of the Deputy Court Administrator’s position would be 2 hours per day, 5 days per week versus exceeding to Ms. Koellner’s request of 5 hours per day, 2 days per week.

 

Mayor Reynolds states that an additional executive session is needed at this time to discuss further personnel issues.

 

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 matters; 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/Cooke

 

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

                   Nays:  None

                Absent:   None   

               Abstain:   None

 

The time being 9:17 P.M.

 

There being no further business in Executive Session, a motion to return to open session was offered by C/Robilotti, seconded by C/Carr. Passed unanimously.

 

The time being 10:40 P.M.

 

At this time the following resolutions and ordinances are added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-228

 

SALARY INCREASE FOR DEPUTY MUNICIPAL CLERK/DEPUTY REGISTRAR

 

            WHEREAS, Christine Robbins has completed the necessary Municipal Clerk courses and has successfully completed the Municipal Clerk Certification Exam on October 14, 2009; and

 

            WHEREAS, it is the recommendation of the Borough Administrator to increase Christine Robbins hourly rate from $15.25 to $15.75 in recognition of receiving said certification and for performing the duties of Deputy Clerk.

 

            NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that Christine Robbins, Deputy Municipal Clerk/Deputy Registrar be compensated with an hourly pay rate of $15.75 effective October 14, 2009.

 

            BE IT FURTHER RESOLVED, certified copies of this Resolution be forwarded to the Borough Administrator, Finance Department and Christine Robbins.

 

Offered By:          C/Robilotti

 

Seconded By:       C/Wojyn

 

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

               Nays:    C/Leonardis

               Absent:  None

              Abstain:  None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-229

 

APPOINTMENT OF DOG AND CAT CENSUS TAKERS

 

            WHEREAS, pursuant to N.J.S.A. 4:19-15.15 there is a need to appoint a dog and cat census taker in the Borough of Englishtown to perform a biannual canvass to identify owners harboring unlicensed animals.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Peter Gorbatuk, Celia Hecht, Jeanne Keevins and Christine Robbins are hereby appointed to conduct the dog and cat census for the year 2009.

 

            BE IT FURTHER RESOLVED that Peter Gorbatuk, Celia Hecht, Jeanne Keevins and Christine Robbins will be paid, as per State guidelines and within the amounts per the Borough of Englishtown Salary Ordinance, the sum of $600.00 to be equally split for the completion of this census and will comply with all requirements of the position including reporting to the Board of Health.

 

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

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-230

 

AUTHORIZING THE MAYOR TO SIGN CONTRACT

FOR TELECOMMUNICATION SERVICES

 

WHEREAS, the Borough’s telecommunication invoices have recently been reviewed by the Chairperson of the Finance Committee along with the Chief Financial Officer, and

 

WHEREAS, the current vendor fees have been steadily increasing placing a financial impact on the municipal budget, and

 

WHEREAS, a proposal was received from Spectrotel on November 24, 2009, providing a 25% reduction in the Borough’s telecommunication services without any interruption of service or changing any equipment, and

 

WHEREAS, the application and associated paperwork has been reviewed and approved by the Borough Attorney; 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 contract to be effective January 1, 2010.

 

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

                                     

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-231

 

AUTHORIZING THE EMPLOYMENT OF TWO CLASS II

(SECOND GRADE) SPECIAL LAW ENFORCEMENT OFFICERS

 

            WHEREAS, Section 1.33.02 of the Code of the Borough of Englishtown provides, in relevant part, that the Mayor with the approval of the Council may appoint, for a term not to exceed one (1) year, part-time duty, “Special Officer(s); and

           

WHEREAS, Section 1.33.02 further provides that persons appointed to said office shall be paid only a per diem wage for such active police duty which they shall be required to perform and that they shall not be regular members of Borough Police force; and

 

            WHEREAS, it is the considered opinion of the Mayor and Council of the Borough of Englishtown that the appointment of two (2) Class II Special Patrolmen is necessary, desirable and in the public interest.

 

            NOW, THEREFORE, IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that two (2) Class II Patrolmen shall be appointed to serve as per diem employees in accordance with the provisions of Section 1.33.02 of the Code of the Borough of Englishtown.

 

Offered By:           C/Carr

 

Seconded By:       C/Robilotti

           

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

                 Nays:   C/Leonardis, C/Rucker

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-17

 

AN ORDINANCE OF BOROUGH OF ENGLISHTOWN TO ADDRESS THE REQUIREMENTS OF THE COUNCIL ON AFFORDABLE HOUSING (COAH) REGARDING COMPLIANCE WITH THE MUNICIPALITY’S PRIOR ROUND AND THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS

 

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

 

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

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the January 4, 2010 reorganization meeting.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-18

 

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

STATE OF NEW JERSEY

 

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

 

Offered By:                C/Carr

 

Seconded By:             C/Robilotti

 

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

                  Nays:        C/Leonardis

 Abstain:        None

 Absent:       None

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the January 4, 2010 reorganization meeting.

 

Mayor Reynolds thanks Councilwoman Janet Leonardis for her years of service to the Borough. At the reorganization meeting a new council member will be joining council.

 

Adjournment

 

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

 

The time being 10:49 P.M.

 

 ___February 24, 2010______                                          ________________________

Approved by Governing Body                                          Municipal Clerk