** AGENDA **

 

January 28, 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.                  Approval of Minutes  - November 12, 2008

 

5.        Committee Reports

 

6.        Correspondence

 

            7.        Borough Administrator/CFO Report

 

8.        Open Public Portion/Limited to Agenda Items Only

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

 

9.            New Business:

 

A.                 Resolution No. 2009-056

Authorizing Acceptance of Donation from Opportunity Knocks

 

B.                 Resolution No. 2009-057

Authorizing Services Over $800

Water Plant – Repair of Analyzer

 

C.                 Resolution No. 2009-058

Authorizing Approval of Department Requisitions

 

                        D.            Resolution No. 2009-059

Authorizing Payment of Borough Bills

 

10.       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.

           

            11.      Executive Session

 

            12.      Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:33 P.M.

 

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

                  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.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of November 12, 2008 was offered by C/Soden and seconded by C/Leonardis.  Passed on the following roll call:

 

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

                      Nayes:          None

                     Absent:          None

                    Abstain:          None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis reports:

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke has nothing to report at this time.

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

·        On 1/26 C/Soden, Laurie Finger, Rick Guffanti and myself attended a meeting with Howell Twp. to discuss the possibilities of entering into an interlocal agreement to share machinery.

·        Would like to start up “Coffee with C/Robilotti” again the first Sat. in February.

 

Public Safety

Councilwoman Soden reports:

 

Legislative, Insurance & Licenses

Councilman Carr reports: 

Peter Gorbatuk responded that the resolution has been sent.

 

 

Peter Gorbatuk and Laurie Finger elaborate on what is still needed to meet the obligation.

Discussion continues between Mayor, Council, Peter Gorbatuk & Laurie Finger.

 

Public Utilities

Councilman Rucker reports:

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

·        Scenic Byway meeting March 30th.  Meeting time and place has yet to be determined.  I will notify council when I receive that information.

·        Borough Engineer has responded to the New Jersey League of Municipalities regarding the municipal stimulus package survey.

·        Waste Management, the new recycle company, has placed a larger bin behind Borough Hall for all recycles that are dropped off at Borough Hall.  They are all to be commingled. Recycles are no longer to be dropped off behind the DPW garage.

 

Borough Administrator/CFO Report

Laurie Finger reports:

 

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/Soden and seconded by C/CRobilotti.  Passed unanimously.

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-056

 

AUTHORIZING ACCEPTANCE OF DONATION FROM

OPPORTUNITY KNOCKS

 

            WHEREAS, a recognized charitable organization, Opportunity Knocks, exists within the borders of the Borough of Englishtown providing housing for adults with disabilities;

 

            WHEREAS, as a recognized charitable organization, Opportunity Knocks is exempt from local property taxes; and

 

            WHEREAS, in order to avoid draining the revenues of the municipality by occupying housing within the municipality without providing the normal taxes that would have been assessed, Opportunity Knocks seeks to contribute funds to the municipality to help offset the loss of revenue:

 

            NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Englishtown that the Borough gratefully acknowledges the gift by Opportunity Knocks and accepts the contribution of $2,000 to be placed within the general fund of the Borough.

 

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

 

Offered By:                  C/Carr

 

Seconded By:               C/Leonardis

 

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

                 Nays:   None

             Abstain:    None

              Absent:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-057

 

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. – Repair Analyzer in the Water Plant - $2,335.00

 

Purchased From:

Rosemount Analytical Inc.

2156 Herblew Road

Warrington, PA  18976

 

 

            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/Leonardis, C/Robilotti, C/Rucker, C/Soden

                 Nays:   None

             Abstain:   None

              Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-058

 

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 $6,866.46

are hereby authorized to be processed into purchase orders on  January 28, 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/Robilotti

 

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

                 Nays:   None

             Abstain:   None

              Absent:   None

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-059

 

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 $103,620.92

                   are hereby authorized to be paid on January 28, 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/Robilotti

 

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

                 Nays:   None

             Abstain:    None

              Absent:    None

 

At this time Mayor Reynolds states that council received 2 draft ordinances and would like council to review them and they will be on the next agenda.  After explanation of the Ordinances by the Borough Attorney, Mayor and Council decide to introduce these ordinances tonight.  At this time Ordinance No 2009-01 and 2009-02 are added to the agenda.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-01

 

ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

VACATING A PORTION OF LASATTA AVENUE

 

            WHEREAS, the Borough of Englishtown has received a request from the John F. Carroll Columbian Club, the owner of property known and identified as Lot 12.01 in Block 2 as shown on the Tax Map of the Borough of Englishtown, to vacate a portion of the public street and right of way commonly known as Lasatta Avenue immediately adjacent to the lot owned by said organization; and

 

            WHEREAS, N.J.S.A. 40:67-1b. provides, in relevant part, that the governing body of a municipality may make, amend, repeal and enforce an ordinance to vacate any public street, highway, lane or alley, or any portion thereof; and

 

            WHEREAS, the following described portion of Lasatta Avenue is no longer in use as a public street due to the realignment of Lasatta Avenue made possible by the reconstruction of the Monmouth County Bridge No. MN-30 at Weamaconk Creek located at the intersection of (Water Street) Monmouth County Route 522 and Lasatta Avenue; and

 

            WHEREAS, by the way of agreement between the John F. Carroll Columbian Club and Elon Associates, LLC, the owner of property known and identified as Lot 7 in Block 26 as shown on the Tax Map of the Borough of Englishtown, the vacated portioni of Lasatta Avenue immediately adjacent to the Elon property will be conveyed to the John F. Carroll Columbian Club; and

 

            WHEREAS, the vacation of the following described portion of Lasatta Avenue is necessary, desirable and in the public interest.

 

            NOW, THEREFORE, BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown as follows:

 

D.                                        ARTICLE I

 

That portion of Lasatta Avenue as set forth in the “DESCRIPTION OF A PORTION OF LASATTA AVENUE TO BE VACATED AS SITUATED IN THE BOROUGH OF ENGLISHTOWN, MONMOUTH COUNTY, NEW JERSEY” prepared by Peter J. Breslin, P.L.S. dated September 28, 2005, Revised February 7, 2006 and incorporated herein as it fully set forth at length as “Exhibit A” is hereby vacated.

 

E.                                         ARTICLE II

 

The vacation hereby enacted expressly reserves to the Borough and excepts from vacation all rights and privileges heretofore granted to all public utilities as defind by R.S. 48:2-13 and by any cable television company as defined in the “Cable Television Act”.  P.L. 1972c. 186 (c.48:5A-1 et. seq.), to maintain, repair, and replace their existing facilities in, adjacent to, over or under the street and public right of way hereby vacated.

 

F.                                         ARTICLE III

 

This Ordinace shall take effect immediately upon its passage and publication pursuant to law.

 

G.                                        ARTICLE IV

 

Pursuant to the provisions of N.J.S.A. 40:67-2, subsequent to adoption and passage pursuant to law, a copy of this Ordinance shall be filed and recorded in the Office of the Clerk of the County of Monmouth wherein conveyances of lands are recorded.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

Peter Gorbatuk, Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2009-01 is scheduled for the February 11, 2009 Council Meeting, 7:30 p.m. at Borough Hall.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-02

 

ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1.29

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “PENSION ENROLLMENT”

 

            WHEREAS, Based upon an advisory opinion issued by the Local Finance Board of the Department of Community Affairs of the State of New Jersey, it is necessary to amend Ordinance No. 2008-04 entitled “Pension Enrollment” to bring said ordinance into compliance with State statute and administrative regulations.

 

            NOW, THEREFORE BE IT HEREBY ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.29 of the code of the Borough of Englishtown is hereby amended as follows:

 

1.29.07    Identification of Positions (revised to read as follows)

 

Subject to the foregoing exceptions, exclusions and waivers, the following positions within the Borough of Englishtown shall be deemed to be within the requirements for DCRP participation: Borough Administrator, Municipal Judge, Police Chief, Water/Sewer Superintendent, Zoning Officer, Housing Inspector, Code Enforcement Officer and Fire Official.

 

            BE IT FURTHER ORDAINED that this Ordinance amendment shall take effect immediately upon its passage and publication in accordance with law.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                        Nays:   None

                    Abstain:   None

                     Absent:   None

 

Peter Gorbatuk, Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2009-02 is scheduled for the February 11, 2009 Council Meeting, 7:30 p.m. at Borough Hall.

 

Attorney Youssouf states to Mayor and Council that he has given the Municipal Clerk another draft ordinance tonight, which deals with the parking in the municipal lot on Hamilton Street.  He will distribute the draft to council for your review.  Also, three copies of a contract were received from the New Jersey Council on Affordable Housing Affordability Control Services through the N.J. Housing and Mortgage Finance Agency.  After reviewing the contract, which was pretty straightforward and simple, it is necessary that we adopt a resolution authorizing execution of contract. 

 

Laurie Finger, BA/CFO explains that this contract allows them to act as our Administrative Agent under COAH regulations.  We got the annual fee reduced down to $700.00.

 

After discussion with Attorney Youssouf, Laurie Finger, BA/CFO, Mayor and Council, Mayor Reynolds adds Resolution No. 2009-060 to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-060

 

AUTHORIZING THE EXECUTION OF A CONTRACT

FOR THE PROVISION OF HOUSING AFFORDABILITY

CONTROL SERVICES WITH THE NEW JERSEY

HOUSING AND MORTGAGE FINANCE AGENCY

 

            WHEREAS, the Borough of Englishtown has heretofore determined that is requires the services of the New Jersey Housing and Mortgage Finance Agency to administer the affordability and control services required for all affordable housing built in the Borough of Englishtown; and

 

            WHEREAS, the Borough has received and reviewed a contract for the provision of Housing Affordability Control Services by the New Jersey Housing and Mortgage Finance Agency and finds same to be acceptable as written.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the Borough of Englishtown that it does hereby authorize the Mayor and Clerk of the Borough of Englishtown to execute any and all agreements required to effectuate the purposes of this Resolution and to perform said acts as the official action of the Borough of Englishtown.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

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

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of Personnel; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour, 

4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:           C/Carr

 

Seconded By:       C/Robilotti

 

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

                   Nays:          None

                Absent:          None   

               Abstain:           None

 

The time being 8:15 P.M.

 

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

 

The time being 9:12 P.M.

 

Adjournment

 

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

 

The time being 9:13 P.M.

 

 

 

__April 6, 2009___________                                          ________________________

Approved by Governing Body                                          Municipal Clerk