** AGENDA **

 

March 11, 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.         Meeting Workshop

 

5.                  Approval of Minutes  - January 5, 2009

 

6.         Committee Reports

 

            7.         Borough Engineer’s Monthly Report – March 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.        New Business:

 

A.                 Ordinance No. 2009-04 – First Reading & Introduction

Amending Chapter 2.50, Entitled “Schedule of Fees”

 

B.                 Resolution No. 2009-077

Authorizing Purchases Over $800

Road Dept. – Salt/Magnesium Chloride Mix

 

C.                 Resolution No. 2009-078

Authorizing Purchases Over $800

Finance Dept. – (2) Desktop Computers

 

                        D.        Resolution No. 2009-079

Authorizing Purchases Over $800

Water Dept. – Calcium Hyprochlorite Briquette

 

E.         Resolution No. 2009-080

Authorizing Purchases Over $800

Water Dept. – 2008 Water Consumer Confidence Report

 

F.         Resolution No. 2009-081

Authorizing Purchases Over $800

Water Dept. – Water Maintenance Supplies

 

G.         Resolution No. 2009-082

Authorizing Approval of Department Requisitions

 

H.         Resolution No. 2009-083

Authorizing Payment of Borough Bills

 

12.       Public Portion

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

           

            13.       Executive Session

 

            14.            Adjournment

 

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

 

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

                  Absent:            C/Cooke, C/Leonardis

 

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.

 

Meeting Workshop

 

Mayor Reynolds states that due to the reduction in force in the Department of Public  Works he would like the ordinance pertaining to snow removal reviewed.

 

Peter Gorbatuk, Municipal Clerk states that C/Leonardis asked that Attorney Youssouf review the Ordinance and guide us in the direction that we should go.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 5, 2009 was offered by C/Rucker and seconded by C/Carr.  Passed on the following roll call:

 

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

                      Nayes:          None

                     Absent:          C/Cooke, C/Leonardis

                    Abstain:           None

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis was not in attendance and nothing was reported.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke was not in attendance and nothing was reported.

 

Administration, Finance & Personnel

Councilwoman Robilotti reports:

 

Public Safety

Councilman Soden reports:

 

Legislative, Insurance & Licenses

Councilwoman Carr has nothing to report this evening. 

 

Public Utilities

Councilman Rucker has nothing to report this evening.

 

Mayor Reynolds reads aloud the Borough Engineer’s March monthly report.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states:

·        Floor cleaning will be done in Borough Hall tomorrow.

·        Check-Mate the utility assistance program, will be coming to Borough Hall again on March 16th from 10am – 2 pm.  They gave out approximately 15 applications the last time.

·        Still no confirmed date on the scenic byway mtg.  Will pass it along when I do.

·        Regarding the structural conditions survey, if you have any feedback I will forward it along to the Borough Engineer.

 

Borough Administrator/CFO Report

Laurie Finger states:

·        Received an email today from Division of Local Gov. Services that the extension of the budget has been extended again and we are now mandated to introduce by March 31st.  We can introduce at the March 25th meeting. 

·        In the process of filling out the extraordinary aid application.  I am asking for $250,000 in aid, which would represent .10 cents to us.

 

Public Portion – Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

Barbara Kuchinski questions a computer purchase on the bill list.

 

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

  

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-04

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING CHAPTER 2.50 OF THE BOROUGH CODE BOOK

ENTITLED “SCHEDULE OF FEES”

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown that due to the economic hardships many are facing, the vendor fees for the Annual Fall Festival shall be decreased to make the event successful and profitable for all involved and the following section shall be amended as follows:

 

Chapter 2.50, Schedule of Fees

Section 2.50.02 – Recreation Fees

 

Annual Fall Festival          

Vendor Fee:                                                     

$10.00 Englishtown Resident                      

$25.00 Non Resident

 

Food Vendor Fee:                

$35.00 Englishtown Resident

            $75.00 Non Resident (fee does not include Fire Code Permit)

 

            This ordinance shall take effect upon final passage and publication according to law.

 

Offered by:                      C/Robilotti                                     

 

Seconded by:                   C/Carr

 

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

                 Nays:        None

             Abstain:         None                           

              Absent:        C/Cooke, C/Leonardis

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption for Ordinance No. 2009-04 is scheduled for the March 25, 2009 council meeting.

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-077

 

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:

 

Road Dept. – Salt/Magnesium Chloride Mix - $2,266.11

 

Purchased From:

International Salt Company

655 Northern Blvd.

Clarks Summit, PA 18411

 

            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/Robilotti, C/Rucker, C/Soden

                 Nays:   None

             Abstain:   None

              Absent:  C/Cooke, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-078

 

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:

 

Finance Dept. – (1) Desktop Computers - $983.33

 

Purchased From:

CDW Government Inc.

230 North Milwaukee Avenue

Vernon Hills, IL 60061

 

            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/Soden

 

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

                 Nays:   None

             Abstain:    None

              Absent:   C/Cooke, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-079

 

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:

 

Water Dept. – Calcium Hyprochlorite Briquette - $840.00

 

Purchased From:

G.P. Jager & Associates, Inc.

10 Bradley Lane

Montvale, N.J.  07645

 

 

            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/Robilotti, C/Rucker, C/Soden

                 Nays:   None

             Abstain:    None

              Absent:   C/Cooke, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-080

 

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:

 

Water Dept. – 2008 Water Consumer Confidence Report - $2,491.00

 

Purchased From:

Gemini Group

271 Waverly Oaks Road

Suite 203

Waltham, MA  02452

 

 

            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/Robilotti, C/Rucker, C/Soden

                 Nays:   None

             Abstain:   None

              Absent:   C/Cooke, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-081

 

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:

 

Water Dept. – Water Maintenance Supplies - $827.75

 

Purchased From:

Water Works Supply Co.

5142 West Hurley Pond Road

Farmingdale, N.J.  07727

 

            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/Rucker

 

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

                 Nays:   None

             Abstain:   None

              Absent:   C/Cooke, C/Leonardis

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-082

 

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 $10,975.59

are hereby authorized to be processed into purchase orders on March 11, 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/Soden

 

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

                 Nays:   None

             Abstain:    None

              Absent:    C/Cooke, C/Leonardis

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-083

 

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 $85,282.38

                   are hereby authorized to be paid on March 11, 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/Robilotti, C/Rucker

                 Nays:  C/Soden

             Abstain:   None

              Absent:  C/Cooke, C/Leonardis

 

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.

 

Marianne Krawiec asks the status on the budget. 

 

Laurie Finger, CFO gives an update on the budget.

 

Marianne Krawiec states she spoke with C/Robilotti and C/Cooke and offered some cost saving suggestions.  Discussion takes place with Mrs. Krawiec, C/Soden and Mayor Reynolds regarding cell tower leases.

 

Barbara Kuchinski voices her concerns and disgust on the condition of Englishtown.  She also asks council to vote tonight to reinstate Wayne Krawiec to full time status.

 

At this time Resolution No. 2009-084 is added to the agenda and voted on.  A motion to move this resolution is offered by C/Carr and C/Robilotti seconds the motion.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-084

 

REINSTATING DPW FULL TIME POSITION

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown feel the need to reinstate the full time position within the Department of Public Works;

 

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the part time position in the Department of Public Works held by Wayne Krawiec shall be reinstated to full time status effective immediately.

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                 Nays:   None

             Abstain:   None

              Absent:  C/Cooke, C/Leonardis

 

Discussion takes place between Mayor, Laurie Finger, C/Carr regarding necessity of part time public works position held by Chris Reid.  There was a suggestion to hire him as a Clean Communities worker.  No action taken this evening.

 

Barbara Kuchinski states the catch basin by her house has not been cleaned in 8 years and the minutes on the website have not been updated since mid 2008.

 

Isabel Lewis commends the DPW.  Questions status about the letter from Board of Chosen Freeholders regarding her property and the County Rd. exchange.

 

Wayne Krawiec states that if it would be a cost savings to the Borough, he would forgo his medical benefits since he could be covered under his wife’s benefits.

 

Mayor Reynolds asks Wayne to put his intent in writing to the Borough Administrator.

 

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.

 

Mayor Reynolds asks the Council if they would like to hold a special meeting to further discuss the budget.  Consensus unanimous.  The meeting is tentatively scheduled for March 18th  at 7:30 p.m.  Mayor Reynolds instructs Peter Gorbatuk to contact C/Cooke and C/Leonardis to see their availability for the 18th.

 

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 pending litigation; and

 

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

 

Offered By:           C/Carr

 

Seconded By:       C/Soden

 

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

                   Nays:  None

                Absent:  C/Cooke, C/Leonardis    

               Abstain:  None

 

The time being 9:31 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 9:48 P.M.

 

At this time the following resolution was added to the agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-085

 

RESOLUTION OF THE MAYOR AND COUNCIL

OF THE BOROUGH OF ENGLISHTOWN

ESTABLISHING THE COAH CONTRIBUTION FEE

DUE FROM QUICK CHEK, INC.

 

            WHEREAS, by way of letter dated 2/19/09 the Real Estate Development Manager of Quick Chek questioned the validity of the Borough Tax Assessor’s calculation of a 2.5% COAH contribution fee as a precondition to the issuance of a final C.O. for its Borough facility; and

 

            WHEREAS, Quick Chek’s complaint is based on the fact that under the rules in effect at the time the building permit was applied for (SEPTEMBER 2, 2006), the COAH contribution fee was only 2%; and

 

            WHEREAS, the Borough did not assess nor collect the 2% COAH contribution at the time of Quick Check’s submission of an application for a building permit; and

 

            WHEREAS, the required contribution should have been calculated on that date and 50% of it should have been collected prior to the issuance of the building permit; and

 

            WHEREAS, it is clear that the Borough failed to impose and collect the appropriate 2% fee in accordance with the rules in effect at the time application was made for the building permit.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that Quick Chek’s complaint is valid and that the correct amount of the COAH contribution fee should be 2% based on the rules in effect at the time the COAH assessment should have been levied.

 

Offered By:                  C/Carr

 

Seconded By:               C/Soden

 

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

                 Nays:   None

             Abstain:    None

              Absent:   C/Cooke, C/Leonardis

 

Adjournment

 

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

 

The time being 9:50P.M.

 

 

 

____May 27, 2009_________                                          ________________________

Approved by Governing Body                                          Municipal Clerk