** AGENDA **

 

September 23, 2009

 

6:30 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.                  Executive Session

 

5.                  Joint Meeting with Planning & Zoning Board

 

                        A.         Resolution No. 2009-179

                                    Amended Housing Element and Fair Share Plan

 

6.                  Approval of Minutes  - July 8, 2009

 

7.                  Committee Reports

 

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. 2009-13 – Public Hearing & Adoption

Amending Chapter 2.121 Entitled “Vehicles & Traffic”

        

           12.         New Business:

 

B.                Resolution No. 2009-180

Authorization of Services Over $800

Rental of Street Fair Rides

 

C.        Resolution No. 2009-181

                                    Authorization of Purchases Over $800

Water Dept. – Calcium Hyprochlorite Briquettes

                                   

D.       Resolution No. 2009-182

Intent to Appropriate Funds

 

                        E.        Resolution No. 2009-183

                                    Authorizing Approval of Department Requisitions

 

                        F.        Resolution No. 2009-184

Authorizing Payment of Borough Bills

 

13.       Public Portion

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

           

            14.            Executive Session

 

            15.            Adjournment

 

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

 

Roll Call:  Present:   C/Carr, C/Cooke, C/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.

 

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 budget & 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/Rucker

 

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 6:36 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 7:30 P.M.

 

Mayor Reynolds states at the executive session this evening, we digested a lot of financial data and are still waiting for some more information.  We will be holding another executive session prior to the October 14th council meeting.  No action will be taken this evening.

 

At this time Attorney Youssouf opens the Joint Meeting of the Council and Unified Planning and Zoning Board.  Celia Hecht, UPZB Secretary takes roll call:

Present: Klein, Stipple, Reynolds, Rucker, Canario, Robilotti, Leonardis, Krawiec

Absent: Robbins, Medeiros, Heath

 

Attorney Youssouf states the purpose of this special joint meeting is for an amended Housing Element and Fair Share Plan evaluation.  This is a two-step procedure required under State Law.  UPZB must first adopt it and recommend it to Mayor and Council and then Mayor and Council would endorse it.

 

Marcia Shiffman of Maser Consulting is present and discusses the amendments made to the Borough of Englishtown’s Housing Element and Fair Share Plan. 

There were no questions from the public.

 

At this Attorney Youssouf reads into record the resolution requiring adoption by the Unified Planning and Zoning Board entitled “A Resolution of the Unified Planning and Zoning Board of Adjustment of the Borough of Englishtown Adopting and Endorsing the Fair Share Plan and Housing Element as Revised and Modified”

 

Offered By:             Stipple                          Seconded By:            Reynolds

 

Ayes: Klein, Reynolds, Rucker, Stipple, Robilotti, Canario, Leonardis, Krawiec

Nays: None

 

At this time the following resolutions requiring action by the governing body are brought to the table.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-182

 

A RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

OF INTENT TO APPROPRIATE FUNDS

 

            WHEREAS, the Borough of Englishtown, Monmouth County has petitioned the Council on Affordable Housing (COAH) for substantive certification of its adopted Housing Element and Fair Share Plan; and

 

            WHEREAS, the plan submitted to COAH allocated funds for:

1.                  Rehabilitation Program

2.                  Affordability Assistance

3.                  Administrative Expenses

 

WHEREAS, the Borough of Englishtown anticipates that funding will come from the following sources to satisfy these obligations:

1.                  Development Fee Ordinance;

2.                  Grants;

3.                  and Taxation

 

WHEREAS, in the event that the above funding sources prove inadequate to complete the affordable housing programs included in the Borough of Englishtown’s COAH-certified Housing Element and Fair Share Plan, the Borough of Englishtown shall provide sufficient funding to address any shortfalls.

 

            NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Englishtown, Monmouth County, State of New Jersey, that the Governing Body does hereby agree to appropriate funds or authorize the issuance of debt to fund any shortfall in its affordable housing program that may arise whether due to inadequate funding from other sources or for any other reason; and

 

            BE IT FURTHER RESOLVED that upon written notification by COAH after a finding that inadequate funding exists to complete the affordable housing programs included in the Borough of Englishtown’s COAH-certified Housing Element and Fair Share Plan, the Borough of Englishtown agrees to appropriate funds or authorize the issuance of debt within 90 days of written notification by COAH; and

 

            BE IT FURTHER RESOLVED that the Borough of Englishtown may repay debt through future collection of development fees, as such funds become available.

 

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

                Absent:      None

               Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-179

 

RESOLUTION RE-PETITIONING WITH AN AMENDED HOUSING ELEMENT AND FAIR SHARE PLAN

 

            WHEREAS, the Planning Board of the Borough of Englishtown, County of Monmouth, State of New Jersey, adopted an amended Housing Element and Fair Share Plan on September 23, 2009; and

 

            WHEREAS, a true copy of the resolution of the Planning Board adopting the amended Housing Element and Fair Share Plan is attached pursuant to N.J.A.C. 5:96-2.2(a)2.

 

            NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby endorses the amended Housing Element and Fair Share Plan as adopted by the Borough of Englishtown Planning Board; and

 

            BE IT FURTHER RESOLVED that the Governing Body of the Borough of Englishtown pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. And N.J.A.C. 5:96-3.4, submits this re-petition for substantive certification of the amended Housing Element and Fair Share Plan to the Council on Affordable Housing for review and certification; and

 

            BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan, including the names and addresses of any objectors, has been included with the re-petition; and

 

BE IT FUTHER RESOLVED that notice of this re-petition for substantive certification shall be published in a newspaper of countywide circulation pursuant to N.J.A.C. 5;96-3.5 within seven days of issuance of the notification letter from the Executive Director of the Council on Affordable Housing indicating that the submission is complete and that a copy of this resolution, the adopted amended Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the Borough of Englishtown municipal clerk’s office located at 15 Main Street, Englishtown, New Jersey 07726 during the hours of 8:00 A.M. – 4:00 P.M. on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:96-3.5.

 

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

                Absent:     None

               Abstain:      None

 

At this time a motion is made to adjourn the Joint Mtg. of the Council and Unified Planning and Zoning Board by Klein and seconded by Canario

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of July 8, 2009 was offered by C/Robilotti and seconded by C/Carr.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  C/Leonardis, C/Wojyn

 

Committee Reports

 

Public Buildings & Grounds

Councilwoman Leonardis has nothing to report this evening.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        Sunday, September 27th the Village Inn will be celebrating their 40th Anniversary.  Please support them.  The cost is $10.00 in advance or $15.00 at the door. 

 

Administration, Finance & Personnel

Councilman Wojyn has nothing to report this evening.

 

Public Safety

Councilwoman Robilotti reports:

·        Police Activity Report from 9/7 – 9/20 – 104 motor vehicle stops, routine calls for service 181.  Total calls 337.

·        Extends her condolence to Mary Klink’s family on her passing.  Mary was the Borough’s animal control officer.

·        Extends special thanks to Cpl. Michael MacInnes and Deputy Fire Chief Timothy Kirkland for their quick response in fighting the fire on Queens Way.

·        At the same time as the fire call, there was a 911 call for difficulty breathing, which Sgt. Settele successfully responded to.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Next Scenic Byway Mtg. - Tues 9/29 7pm at Mo. Co. Planning Board Office

 

Public Utilities

Councilman Rucker has nothing to report this evening.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

·        Application pending for the transfer of our pocket liquor license.  Is now being checked out by the Police Dept. Will keep council updated.

 

Borough Administrator/CFO Report

Laurie Finger reports:

·        Monmouth County posted their rehab program in the newspaper.  Would like to encourage all Englishtown residents that qualify to clip the coupon and send it in to receive rehabilitation work needed on their homes.  The Borough would receive credit on any qualified units accepted to participate in the program.

·        Received an email from the administrator from Manalapan Twp. requesting a meeting tomorrow at Manalapan Town Hall at 9 am to discuss Iron Ore/High Bridge Rd.  Would like to know who will be attending?

Mayor Reynolds, C/Rucker and C/Carr will be attending.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                        PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-13

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN

AMENDING AND SUPPLEMENTING CHAPTER 2.121

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “VEHICLES & TRAFFIC”

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following sections of Chapter 2.121 entitled “Vehicles & Traffic” be amended and supplemented per Police Chief’s recommendations as follows:

 

SECTION 2.121.07            PARKING PROHIBITED AT ALL TIMES

 

Last paragraph shall be repealed in its entirety and replaced with the following:

 

In accordance with the provisions of this §2.121.07, no motor vehicle over five (5) tons gross weight or any passenger vehicle with an occupancy load in excess of sixteen (16) passengers shall be parked on the streets of the Borough of Englishtown at any time.

In addition, no boat, landscape, construction, lowboy, pop-up, tag-along, moving, recreational vehicle or equipment trailers of any type shall be permitted to be parked on any street in the Borough. 

 

This shall not apply to any vehicle actively making a pick-up or delivery.

 

SECTION 2.121.10            TRUCKS OVER FOUR (4) TONS EXCLUDED

 

This section shall be repealed in its entirety and replaced with the following:

 

Trucks over four (4) tons gross weight are hereby excluded from local municipal roads located within the Borough of Englishtown with the exception of the designated truck route (§2.121.11). 

 

This section shall not prevent vehicles over four (4) tons from making pick-ups or deliveries to residences, maintenance, construction, road repair, garbage collection, emergency vehicles or any other necessary services. 

 

SECTION 2.121.11            THROUGH STREETS DESIGNATED

 

This section shall be repealed in its entirety and replaced and renamed as follows:

 

SECTION 2.121.11            DESIGNATED TRUCK ROUTE OVER FOUR (4) TONS

 

Trucks over four (4) tons making pick-ups or deliveries at Englishtown Industrial Park (Harrison Avenue) shall turn from Main Street on to Pine Street, make a right turn on to Harrison Avenue and a left turn into the Englishtown Industrial Park.  Trucks shall exit using the same route. 

 

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/Cooke.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No.2009-13, above titled, was offered by C/Robilotti and

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

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Rucker

 

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

                        Nays:   C/Leonardis

                    Abstain:    None

                     Absent:    None

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-180

 

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:

 

Fall Festival – Rental of Street Fair Rides - $1,350.00

 

Purchased From:

All American Games

Clifton, N.J

 

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

                   Nays:     None

                Absent:      None

               Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-181

 

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 Hypochlorite Briquettes - $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/Robilotti

 

Seconded By:           C/Carr

 

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

                   Nays:      None

                Absent:      None

               Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-183

 

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 $3,155.76

are hereby authorized to be processed into purchase orders on September 23, 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/Rucker

 

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

                   Nays:    None

                Absent:    None

               Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-184

 

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 $338,035.50

                   are hereby authorized to be paid on September 23, 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/Rucker

 

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

                   Nays:    None

                Absent:    None

               Abstain:    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.

 

Liz Canario – 17 Hamilton St – addresses Mayor & Council re: speeding on her street. Asks that Mayor and Council look into creating target enforcement areas as seen in Manalapan Twp, which may solve the speeding problems in town.  Feels certain streets should be made into one-way streets because the roads are too narrow for 2 cars to pass.  Also requests that a feasibility study be looked into regarding shared services.

 

Paula Kuchinski – Hamilton St. – Asks Mayor and Council if they have thought about a 10 year plan for the town.

 

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

 

Adjournment

 

There being no further business a motion to adjourn was offered by C/Rucker, seconded by C/Carr. Passed unanimously.  The time being 8:20 P.M.

 

 

___December 14, 2009_____                                          ________________________

Approved by Governing Body                                          Municipal Clerk