** AGENDA **

 

April 28, 2010

 

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.          Oath of Office to Special Law Enforcement Class II Officers

             Scott Zapora & Philip Accatatta

 

5.         Approval of Minutes             - January 27, 2010

 

6.         Committee Reports

 

            7.         Borough Engineer’s Monthly Report – April 2010

 

8.         Correspondence

 

            9.         Borough Administrator/CFO Report

 

            10.        Public Hearing:            2010 Municipal Budget

 

11.       Open Public Portion/Limited to Agenda Items Only

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

 

            12.       Old Business:

                       

A.                 Ordinance No. 2010-03 – Public Hearing & Adoption

Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank (N.J.S.A. 40A:45.14)

 

B.         Ordinance No. 2010-04 – Public Hearing & Adoption

Amending & Supplementing Chapter 2.73 Entitled “Fire Prevention”

 

13.              New Business:

 

A.                 Bond Ordinance No. 2010-05 – First Reading & Introduction

Providing for the Reconstruction of Weamaconk Dr. and Victory Dr.

 

B.         Resolution No. 2010-079

Temporary Capital Budget

 

C.                 Resolution No. 2010-080

Authorizing Services Over $800

Police Dept. – Psychological Evaluations

 

                        D.        Resolution No. 2010-081

Authorizing Services Over $800

Police Dept. – Police Car #7 Repairs

 

E.         Resolution No. 2010-082

Authorizing Services Over $800

Recreation Dept. – Street Party Rides/Gamex

 

F.         Resolution No. 2010-083

Authorizing Purchases Over $800

Water Dept. – (18) water meters

 

G.         Resolution No. 2010-084

Authorizing Services Over $800

Water Dept. – Installation of new starter

 

H.         Resolution No. 2010-085

Requesting Permission for Dedication by Rider, Housing Trust Fund

 

I.          Resolution No. 2010-086

Emergency Temporary Appropriations

 

J.          Resolution No. 2010-087

Authorizing Refund of Vendor Fees

 

K.        Resolution No. 2010-088

Granting Approval for Raffle Application No. RA2010-01

for Battleground Historical Society

 

L.        Resolution No. 2010-089

Affirming Borough’s Civil Rights Policy

 

M.        Resolution No. 2010-090

Appointment of Rabies Clinic Worker

 

N.        Resolution No. 2010-091

Authorizing Approval of Department Requisitions

 

O.        Resolution No. 2010-092

Authorizing Payment of Borough Bills

 

14.       Tax Collector’s Report – March 2010

 

            15.       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.

           

            16.       Executive Session

 

            17.       Adjournment

 

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

 

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

 

Oaths of Office administered by Mayor Reynolds to Special Law Enforcement Class II Officers Scott Zapora & Philip Accatta.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 27, 2010 was offered by C/Robilotti and seconded by C/Carr.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  None

 

 Committee Reports

 

Public Utilities

Councilwoman Krawiec reports: 

·        Water Department had the water meters read and bills issued. 

·        DPW workers installed meters and two remotes.

·        As of 4th Quarter there were 29 delinquent accounts and 54 notices were sent.  

·        There were 24 hook-up fees collected from Sanford Square for water and sewer.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:  

·        Englishtown Day is May 15th; hours will be 12.00 – 5:00 PM - Rain date May 16th Our previously scheduled Englishtown Street Party on October 17, 2009 was cancelled due to inclement weather. 

·        Our Memorial Day Parade will be held on May 31st at 2:00 PM and line up will begin at 1:30 PM at the Manalapan Municipal Complex.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·        B/A Finger will report on some budgetary items.

 

Public Safety

Councilwoman Robilotti reports: 

·        Police activity report 3/21 – 4/25 Total calls 415.   132 MV Stops. 221 routine calls for service.  Have copies for anyone who would like it. 

·        Reads aloud letter from retiring Chief John Niziolek thanking the borough residents and mayor and council.  His last day will be May 31st 2010.  Thanks Chief Niziolek for all his years of service. 

·        A check in the amount of $695.34 was received for the 2009 vest grant.

·        Swap meet this past weekend; needed overtime for 2 officers 12 hours - total of 42 tickets were issued and two drug arrests. The town benefited $6,020.00.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Passed onto our Emergency Management Coordinator Sgt. Peter Cooke web site  www.fema.gov to register for any loss due to the storm.

·        Resident Kathy Bien and her photographer were at the park, and made a list.  Vandalism is mainly in the basketball court.  Photographs taken will be passed onto DPW.  ROTC can to do full clean up of the park then we would only need the materials to fix up the park.  Would like to coordinate with Rick Guffanti of DPW.  

·        Nick Campanella who owns the granite business in the industrial park also has a Solar Business.  Looking into putting Solar Panels in the borough.  It could be a 30–40% savings to the Borough. Sanford Park is a possible space.  Create a solar farm for power for the Municipal Buildings and possible extra for our residents.  Nick Campinella will be available for the next workshop meeting May 12th

 

Public Buildings & Grounds

Councilman Rucker reports: 

·        Addresses the park clean up items.  

 

Mayor reads the Borough Engineers report and adds that the Water Street Bridge will be paved May 3,4 and 5 from 6:00 PM to 6:00 AM.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states: 

·        Pastor Cynthia Parker of First Presbyterian Church invites the Mayor and Council to a 150 yr. Celebration Dinner on May 1st at 5:30 PM and a worship service with coffee and cake after on May 2nd at 11:00AM. Invitations will be passed out after the meeting.

·        Dunkin Donuts holding a blood drive May 10th 2.00 PM to 8:00 PM.  

·        Quick Chek is requesting the release of their Performance Bond for May 28th  meeting.

·        Laurie and I met with Marlboro Twp. Animal Control Officer - memorandum of understanding should be received in a few days.  

 

Borough Administrator/CFO Report

Laurie Finger states:

·        Public hearing on the budget and Introduction of bond ordinance for Weamaconk and Victory Drive on the agenda tonight

 

Public Hearing – 2010 Municipal Budget

Mayor Reynolds opened the floor to the public for questions or comments on the 2010 Municipal Budget. 

 

Barbara Kuchinski - Budget introduced with high tax increase.  Ordinance 2010-03 and Resolution 2010-59 are the same?  Why introduce and then cut, why not introduce at a lower figure to start?  Are water rates going up with the agreement with Elon and Gordons Corner? 

 

Kathy Bien – Use the park and lake to generate income.

 

Name inaudible - Carriage Lane resident - Real Estate taxes have increased 66%, Traffic congestion is a nightmare and now a tax increase is proposed, is council pursuing shared services?  They should.

 

Lynn Strong – Main Street - She lives near the park and it is being used, but not organized.

 

There being no further questions or comments, a motion to close the public hearing was

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

 

Public Portion – Agenda Items

 

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

 

Alex DiNicola PBA - in favor of two specials being hired.  Thanks the Chief for all he has done in this town. 

 

Barbara Kuchinski urges council not to approve Ordinance No. 2010-03. 

 

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.

 

Old Business

 

BOROUGH OF ENGLISHTOWN             PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-03       

 

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

 

WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

 

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2010 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

WHEREAS, the Mayor and Council hereby determine that a 3.5% increase in the budget for said year, amounting to $53,942.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

WHEREAS, the Mayor and Council hereby determine that any amount authorized hereinabove that is not appropriated, as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

NOW, THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2010 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $53,942.00 and that the CY 2010 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,

 

BE IT FURTHER ORDAINED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and,

 

BE IT FURTHER ORDAINED, that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

 

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/Carr.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No. 2010-03, above titled, was offered by C/Robilotti  and seconded by C/Carr.  Passed on the following roll call:

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                             Nays:         C/Carr

 Abstain:          None

 Absent:         None

 

BOROUGH OF ENGLISHTOWN                                                             PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-04

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2.73

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

 ENTITLED “FIRE PREVENTION”

 

            WHEREAS; Acting pursuant to the provisions of the Uniform Fire Safety Act

(P.L. 1983, c.383) the Borough of Englishtown determined to locally administer the provisions of the Uniform Fire Code and established a Bureau of Fire Prevention to perform the functions of the local enforcing agency; and

 

            WHEREAS; N.J.A.C. 5:70-2.9 permits local enforcing agencies to periodically review fees established for permits and inspections performed pursuant to the Uniform Fire Code and adjust the fee structure as may be necessary and desirable; and

 

            WHEREAS; The Borough Fire Official has recommended that the fee structure be adjusted to more accurately cover the costs and expenses inherent in the administration of the Uniform Fire Code.

 

             NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:

 

                                                  ARTICLE I

 

            SECTION 2.73.06 PERMITS AND FEES. Is hereby amended to read as follows:

 

The permit fees established by the New Jersey Uniform Fire Code, as established in N.J.A.C. 5:70-2.9 shall be followed.

 

Fees for non-profit and government bodies and organizations may be waived upon recommendation of the Borough Fire Prevention Bureau.

 

Fees established for inspections and the frequency of inspections are as follows:

        

A.     Mercantile businesses shall be inspected yearly with a fee schedule of:

$85.00 for the first 1,000 square feet plus $20.00 for each additional 1,000 square feet.

 

B.     Factories shall be inspected yearly with a fee schedule of

$110.00 for the first 1,000 square feet;  $130.00 for 1,001 to 3,500 square feet;  $150.00 for 3,501 to 6,000 square feet;  $170.00 for 6001 to 10,000 square feet; and $190.00 for all floor area in excess of 10,000 square feet.

 

C.     Warehouses shall be inspected yearly with a fee schedule of:

$110.00 for the first 2,000 square feet; $130.00 for 2,001 to 5,000 square feet;

$130.00 for all floor space in excess of 5,000 square feet..

 

D.     Repair shops and service businesses shall be inspected yearly with the same

fee schedule as that pertaining to mercantile businesses.

 

E.      Business offices (i.e. professional offices) Barber Shops and Insurance offices shall be inspected annually with a fee schedule of $70.00 for one (1) professional and $30.00 for each additional professional.

 

F.      Residential Properties – With every change of occupancy a certificate of smoke detector and carbon monoxide alarm compliance shall be issued.  Fees shall be based upon when the inspection is requested and the amount of time remaining before the change of occupant is expected as follows:

$45.00  - more than ten (10) business days prior to change of occupant.

$80.00 - four (4) to ten (10) days prior to change of occupant

$135.00 - fewer than four (4) days prior to change of occupant

 

G.     All other types of structures and facilities not otherwise described or included

in this section shall be inspected annually with the same fee schedule as that pertaining to mercantile businesses.

 

                       ARTICLE II

Should a Court of competent jurisdiction rule any Article, section or subdivision of this ordinance invalid or unconstitutional, such provision or section shall be deemed severable and shall not affect the validity of the remaining provisions or sections of this ordinance.

 

                       ARTICLE III

This ordinance shall take effect upon final passage and after publication as required by 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/Cooke.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No. 2010-04, above titled, was offered by C/Cooke and Seconded by C/Robilotti.  Passed on the following roll call:

 

Offered by:                   C/Robilotti                                   

 

Seconded by:               C/Cooke

                       

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

                        Nays:   None

                    Abstain:    None

                     Absent:    None

 

New Business

 

BOROUGH OF ENGLISHTOWN                                                FIRST READING & INTRODUCTION

BOND ORDINANCE NO. 2010-05

 

BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF WEAMACONK DRIVE AND VICTORY DRIVE, BY AND IN THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY; APPROPRIATING $540,000 THEREFOR (INCLUDING A NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT IN THE AMOUNT OF $250,000) AND AUTHORIZING THE ISSUANCE OF $510,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF

 

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

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

  

Roll Call:  Ayes:            C/Carr, C/Cooke, C/Krawiec, 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 May 26, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-079

 

TEMPORARY CAPITAL BUDGET

 

WHEREAS, the Borough Council of the Borough of Englishtown desires to establish a 2010 Temporary Capital Budget of said municipality by inserting or correcting therein:

 

Reconstruction of Weamaconk and Victory Drive

 

NOW, THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Englishtown as follows:

 

SECTION 1.   The 2010 Temporary Capital Budget of the Borough of Englishtown is hereby established by the adoption of a schedule to read as follows:

 

Temporary Capital Budget of the Borough of Englishtown

County of Monmouth, New Jersey

 

Projects Scheduled for 2010

Reconstruction of Weamaconk and Victory Drive

 

 Method of Financing

 

Project                       Estimated                            Capital               Grants In Aid              General

No.                            Total Cost                         Impr. Fund           and Other Funds           Bond

01                             540,000.00                        30,000.00              250,000.00               510,000

 

SECTION 2.   The Clerk is authorized and directed to file a certified copy of this resolution with the Borough Chief Financial Officer, Borough Auditor and two (2) certified copies to the Director, Division of Local Government Services, Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for the 2010 Temporary Capital Budget, to be included in the 2010

Permanent Capital Budget as adopted.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

 

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

               Nays:            None

             Abstain:           None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-080

 

AUTHORIZATION OF SERVICES OVER $800

 

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

 

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

 

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

 

Police Dept. – Psychological Evaluations for two (2) Special Officers - $850.00

 

Purchased From:

Institute for Forensic Psychology

5 Fir Court   Suite 2

Oakland, N.J.  07436

 

            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/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

               Nays:            None

             Abstain:           None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-081

 

AUTHORIZATION OF SERVICES OVER $800

 

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

 

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

 

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

 

Police Dept. – Police Car #7 Radiator and Intake Manifold Replacement - $1,264.39

 

Purchased From:

Englishtown Automotive, Inc.

14 Tennent Avenue

Englishtown, N.J.  07726

 

            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/Krawiec

 

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

               Nays:            None

             Abstain:           None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-082

 

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:

 

Recreation Dept. – Street Party Rides/Games - $1,350.00

 

Purchased From:

All American Games

55 Park Slope

Clifton, N.J.  07011

 

            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/Krawiec

 

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

               Nays:            None

             Abstain:           None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-083

 

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. – (18) water meters for new homes - $2106.00

 

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/Krawiec

 

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

               Nays:            None

             Abstain:           None

              Absent:           None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-084

 

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 Plant – Purchase & Installation of Starter - $2000.00

 

Purchased From:

ABS Electric, Inc.

Electrical Contractors

P.O. Box 592

Elmer, N.J.  08318

 

            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/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

               Nays:           None

             Abstain:          None

              Absent:        None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-085

 

RESOLUTION REQUESTING PERMISSION FOR DEDICATION BY RIDER 

HOUSING TRUST FUND

           

            WHEREAS, permission is required of the Director of Local Government Services for approval as a Dedication by Rider of revenues received by a Municipality when the revenue is not subject to reasonably accurate estimate in advance; and

           

            WHEREAS, the Borough of Englishtown desires to establish a trust fund for monies received from developers in connection with the Borough’s affordable housing program in accordance with P.L. 2008, c.46 (C.52:27D-329.1 et al) and the regulations of COAH at N.J.A.C. 5:97-8.1 et seq.; and

 

            WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of moneys by dedication by rider;

 

            NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that permission be and is hereby requested of the Director of the Division of Local government Services to include as a Dedication by Rider in the 2010 and subsequent years’ budgets, revenues received from developers in connection with the Borough’s affordable housing program, and be spent in accordance with the rules and regulations.

 

            BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed with the Director of the Division of Local Government Services for approval, and one copy to the Chief Financial Officer and Borough Auditor.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

               Nays:            None

             Abstain:            None

              Absent: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-086

 

EMERGENCY TEMPORARY APPROPRIATIONS

 

WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2010 Budget and no adequate provision has been made in the 2010 temporary budget for the aforesaid purposes, and

 

WHEREAS, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2010 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $246,740.00

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $106,740.00 as per attached sheet.

2.  Said emergency temporary appropriations will be provided for in the 2010 budgets. 

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

Division of Local Government Services.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Rucker

 

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

               Nays:            None

             Abstain:          None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-087

 

AUTHORIZING REFUND OF VENDOR FEE TO

ENGLISHTOWN STREET PARTY VENDOR

 

            WHEREAS, the Englishtown Street Party scheduled for October 17, 2009, rain date October 18, 2009 unfortunately had to be cancelled due to inclement weather; and

 

            WHEREAS, the Englishtown Street Party has been postponed until May 15, 2010; and

 

WHEREAS, the following vendor has previously paid a vendor fee to participate in the 2009 Street Party and unfortunately is not available on May 15, 2010 and due to the cancellation is now due a refund:

 

Tammy Piscopo – Fun House Productions, Dunellen, N.J. – 1 space - $25.00

           

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that the above refund is hereby approved.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Rucker

 

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

               Nays:            None

             Abstain:           None

              Absent:           None

  

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-088

 

RESOLUTION OF THE MAYOR AND GOVERNING BODY

GRANTING APPROVAL FOR RAFFLE APPLICATION NO. RA 2010-01

 

            WHEREAS, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 13, 2010; and

 

            WHEREAS, the Battleground Historical Society has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

 

            WHEREAS, the Mayor and Governing Body of the Borough of Englishtown finds that the Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

 

            WHEREAS, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

 

            WHEREAS, there is satisfactory proof that the Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

 

            WHEREAS, The Battleground Historical Society has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2010-01 for the Battleground Historical Society be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and

 

            BE IT FURTHER RESOLVED, that a copy of Raffle License RA2010-01 be forwarded by the Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

 

         BE IT FURTHER RESOLVED, on the fifteenth day after Raffle Application No. RA2010-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2010-01 may be issued to the Battleground Historical Society and copies of said license shall be distributed to the Licensee, the Municipal Clerk, and the Borough of Englishtown Police Dept.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

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

               Nays:            None

             Abstain:          None

              Absent:          None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-089

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN AFFIRMING THE BOROUGH’S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, VOLUNTEERS AND CONTRACTORS AND MEMBERS OF THE GENERAL PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS

 

            WHEREAS, it is the policy of the Borough of Englishtown to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law Against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act; and

 

            WHEREAS, the governing body of the Borough of Englishtown has determined that certain procedures need to be established to accomplish this policy.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that the following policy and procedures be, and the same are hereby adopted:

 

  1. No official, employee, appointee or volunteer of the Borough by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the Borough or using the facilities or property of the Borough.

 

  1. The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough.

 

  1. Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

  

  1. The Borough Clerk shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution.  Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.

 

  1. No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.

 

  1. The Borough Clerk shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.

 

  1. The Borough Clerk shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.

 

  1. A summary of this resolution and the procedures established pursuant to this resolution shall be forwarded at least annually to the governing body by the Borough Clerk.  This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution.  This summary shall be posted on the Borough’s web site.

 

  1. This resolution shall take effect immediately.

 

  1. A copy of this resolution shall be published in the official newspaper of the Borough in order for the public to be made aware of this policy and the Borough’s commitment to the implementation and enforcement of this policy.

 

Offered By:             C/Robilotti      

 

Seconded By:          C/Rucker

 

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

                  Nays:      None

                Absent      None

               Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-090

 

APPOINTMENT OF RABIES CLINIC WORKERS

 

            WHEREAS, there is a need within the Borough of Englishtown for the position of Rabies Clinic Worker; and

 

            WHEREAS, it is the wishes of the Governing Body to fill said position.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:

 

1.                  Borough Employees, Christine Robbins, Celia Hecht, and Jeanne Keevins are hereby appointed as Rabies Clinic Workers for the Rabies Clinic to be held June 15, 2010.

 

2.                  Each Rabies Clinic Worker will be paid $50.00 for said clinic.

 

BE IT FUTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Christine Robbins, Celia Hecht, and Jeanne Keevins.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

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

               Nays:            None

             Abstain:            None

              Absent:           None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-091

 

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 $13,945.90 are hereby authorized to be processed into purchase orders on

       April 28, 2010. 

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/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

               Nays:            None

             Abstain:           None

              Absent:           None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-092

 

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 $664,406.28 are hereby authorized to be paid on April 28, 2010.

 

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/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

               Nays:            None

             Abstain:           None

              Absent:           None

 

Tax Collector’s Report

March 2010

 

                                                                        2010 Taxes                            $34,523.32

                                                                        2009 Taxes                                2,275.68

                                                                        Interest                                          534.91

                                                                        Duplicate Bill Fee                             10.00

                                                                        Outside Lien Redemption            6,125.69

                                                                        Net Receipts                         $43,469.60

 

 

 

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. 

 

Barbara Kuchinski inquires if Borough is using Shared Services, Co-ops for items like Paper goods and other items?  Response from B/A Finger said we do and will continue to do so. 

 

Also the web site had a link to the resolutions so you could pull up the Resolution why isn’t it being done anymore.  Discussion goes on with C/Wojyn, Barbara Kuchinski, Mayor Reynolds, C/Carr and the Municipal Clerk.  C/Wojyn responds, we have an antiquated version of Front Page, the memory and computer system housing all our data needs to be cleaned up which is being done by hand rather than using spidering tools, which cost money that we do not have. We are doing our best to get information to the public in a timely manner. 

 

Barbara Kuchinski also asks if water/sewer bills will be increased?  Clarified by C/Krawiec, and Mayor Reynolds respond, we do not have an answer at this time.   Does the Council intend to shave anything off the 5.1 increase?  Mayor responds yes and this will be determined by the next workshop meeting set for May 12, 2010.

 

Richard Gibbons, Monroe Township, voices his feelings that the Police Department is writing tickets just to make extra dollars for the Borough. 

 

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

 

Executive Session

 

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

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of Litigation & 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/Krawiec   

 

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

                   Nays:  None

                Absent:   None   

               Abstain:   None

 

The time being 8:54 P.M.

 

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

 

The time being 9:05 P.M.

 

Adjournment

 

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

 

The time being 9:07 P.M.

 

 

 

__July 28, 2010                                                          ________________________

Approved by Governing Body                                          Municipal Clerk