** AGENDA **

 

February 24, 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.                  Discussion Items:

·        Alarm Ordinance

·        Fire Safety Fees

 

5.         Proclamation: In Recognition of Arc Awareness

 

6.         Approval of Minutes     - December 14, 2009

 

7.         Committee Reports

 

            8.         Borough Engineer’s Monthly Report – February 2010

 

9.         Correspondence

 

            10.       Borough Administrator/CFO Report

 

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. 2010-02 – Public Hearing & Adoption

Amending & Supplementing Chapter 2.102 Entitled “Recycling”

 

13.       New Business:

 

A.                 Resolution No. 2010-056

Authorizing Application for 2009 Business Stimulus Fund Grant

 

B.                 Resolution No. 2010-057

Authorizing Services Over $800

Water Dept. – Harrison Ave. Water Main Break Repair

 

                        C.        Resolution No. 2010-058

Authorizing Purchases Over $800

Road Dept. – Salt/Magnesium Chloride Mix

 

D.        Resolution No. 2010-059

Urging the Elimination of 4% Cap on Local Tax Levy

 

E.         Resolution No. 2010-060

Authorizing Signing of Professional Contracts

 

F.         Resolution No. 2010-061

Authorizing Execution of Amended Access Agreement for Sovereign Bank Monitoring Well

 

G.        Resolution No. 2010-062

Appointment of Special Law Enforcement Officer Class II

 

H.        Resolution No. 2010-063

Appointment of Special Law Enforcement Officer Class II

 

I.          Resolution No. 2010-064

Authorizing Redemption of Tax Sale Certificate – Block 4, Lot 15

 

J.          Resolution No. 2010-065

Authorizing Redemption of Tax Sale Certificate – Block 4, Lot 15

 

K.        Resolution No. 2010-066

Authorizing Approval of Department Requisitions

 

L.         Resolution No. 2010-067

Authorizing Payment of Borough Bills

 

14.              Tax Collector’s Report –          January 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, Ed Miller, Fire Official 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.

 

Discussion Items:

 

Alarm OrdinanceMayor and Council discuss the amendments to the Alarm Ordinance proposed by the Clerk’s Office, Code Enforcement Officer, Chief of Police and Court Administrator. 

 

Fire Safety FeesEd Miller, Fire Inspector explains his recommended fee increases.  He explains that fire safety inspection fees have not been raised in over 12 years.  Council consensus approves the fee increase.  Per Laurie Finger, Ordinance will be on the next meeting agenda.

 

Mayor Reynolds reads aloud proclamation designating the month of March as “Arc Awareness Month”.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of December 14, 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, C/Wojyn

                      Nayes:    None

                     Absent:    None

                    Abstain:    C/Krawiec

 

Committee Reports

 

Public Utilities

Councilwoman Krawiec reports:

·        In the Water Dept., as of the 2009 third quarter there are 35 delinquents, down from 65 that were 30 days late.  For 2009 first quarter there were 149 delinquents that were more than 30 days late.  Would like to revisit the proposal that was made last year, to institute a $29.00 late fee for anyone over 30 days late. 

·        There was a blown motor in the Water Plant that was replaced which was approximately 5 years old.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        The Easter Egg Hunt is scheduled for March 20 in Sanford Park at 12p.m.

·        The Englishtown Street Party which was originally scheduled for October 17, 2009 had to be postponed due to the weather and is rescheduled for May 15th

·        Asks Clerk for the status on the Wood Avenue speed limit reduction.

Peter Gorbatuk, Municipal Clerk responds the County and I are still working on this.  I believe, the Governor signed a bill, which allows the towns to regulate the speed limits since they are the ones that deal with it on a day-to-day basis.  The County is looking into this.

·        Asks Clerk for the status on the pedestrian crosswalk by Sanford Park.

Peter Gorbatuk responds, this is still active; the County said they are waiting for a break in the weather.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·        Annual Financial Statements were filed with the DCA in Trenton on February 10th.

·        Have been encouraging dept. head meetings to improve communication among the departments.

Laurie Finger states a dept. head meeting was held yesterday.  C/Wojyn requests that he is notified of the next one so he can take his lunch hour and teleconference into the meeting.

·        The introduction of the municipal budget is slated for the March 24th meeting.

Laurie Finger states we need to hold a workshop meeting for budget discussion.  The budget must be introduced by March 31st. Mayor Reynolds states department heads need not be present at workshop meeting.  Consensus of council to hold budget workshop on March 6th at 9am.

Council consensus for Laurie Finger to direct all department heads to cut at least 5% from their budgets.

·        County has been notified to clean bridges of snow.

·        Brooklawn Gardens landlord/tenant dispute has been resolved.

·        Would like to discuss email/internet policy during executive session.

 

Public Safety

Councilwoman Robilotti reports:

·        Police Activity Report from 1/25 – 2/21; 424 total calls of that 144 were motor vehicle stops

·        Received letter from County Prosecutor Luis Valentin with an enclosed check in the amount of $800.00, which are proceeds from the confiscation of property to be deposited into the Law Enforcement Trust Fund to be used for law enforcement purposes.  Chief Niziolek and the members of Police Dept were also commended for their work in the counterfeit bill case.

·        On Feb 1st attended a meeting in Trenton regarding the first introduction of the bill to eliminate COAH.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Asks for status on her request to have portable radar placed on Hamilton Street.

Laurie Finger responds that Chief Niziolek was asked to be at tonight’s council meeting however he had a personal day scheduled.  She will follow up with him.  Per Mayor Reynolds, from now on, days off are not permitted if they fall on a council meeting night unless it is an emergency.

·        Updates Mayor and Council on the liquor license transfer.

Per Attorney Youssouf they will be attending the March 24th council meeting to explain their intentions and answer any questions Mayor and Council may have. 

·        In the newspaper I saw that Marlboro was putting all COAH projects on hold until Governor Christie made any decisions.  Request that council pass a resolution urging Manalapan to do the same, since their project will have quite an impact on Englishtown.

Council consensus unanimous to have this Resolution added to tonight’s agenda.

·        Had Laurie Finger figure out how much COAH has cost the Borough to date.

Laurie Finger states as far back as I could see, the engineering firm charged the Borough $44,400.00 from 2006 to present.  The Court Master who was assigned the case from 2002-2009 received $47,300.00 and the Attorneys who were on this case from 2001-present received $47,600.00.   The estimated total cost to date is $140,000.000. 

Mayor Reynolds gives a brief history to the public on the COAH Elon litigation.

·        It’s expected that a bill will pass which the Governor will be asking all State employees to give 1.5% of their income to go towards their benefits.  I think as we go through our budget process we should consider this.  Asks Laurie Finger to calculated the cost savings to the Borough

 

At this time Resolution No. 2010-068 is added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-068

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN FORMALLY EXPRESSING OPPOSITION TO THE APPLICATION OF MBI DEVELOPMENT COMPANY FOR PRELIMINARY SITE PLAN APPROVAL FOR A PROPOSED 80 UNIT APARTMENT COMPLEX ON PROPERTY KNOWN AND IDENTIFIED AS LOT 17 IN BLOCK 47 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF MANALAPAN

 

WHEREAS; The Mayor and Council of the Borough of Englishtown have been advised that an application seeking preliminary major site plan approval for a proposed 80 unit apartment complex on a 26+ acre tract having frontage on Wood Avenue has been scheduled to be heard by the Manalapan Township Planning Board on February 25, 2010; and

 

WHEREAS; The governing body of the Borough of Englishtown is intimately familiar with the tract of land upon which this intense residential development is proposed due to its close proximity to the Borough’s border with the Township of Manalapan; and

 

WHEREAS; The subject parcel was rezoned to AH-1 (Affordable Housing Overlay Zone-1) by the Township of Manalapan in direct response to the Township’s COAH imposed mandate to fulfill its legal obligation to provide low and moderate income housing opportunities; and

 

WHEREAS; It is the opinion of the Governing Body of the Borough of Englishtown that the construction of seven (7) two story buildings and two (2) three story buildings containing 80 multi-family dwelling units at this location, having as its primary means of ingress and egress a two lane road that is a major point of entry to the Borough of Englishtown, will unduly burden an already overstressed and over capacity street system; and

 

WHEREAS; It is the considered opinion of the Mayor and Council of the Borough of Englishtown that the property in question, a site that was formerly utilized by a fuel and home heating oil company for the storage and distribution of its products, is environmentally unsuitable for residential development; and

 

WHEREAS; On January 19, 2010 S-1 “An Act concerning affordable housing, amending, supplementing and repealing various parts of the statutory law…” was introduced in the New Jersey Senate for the express purpose of abolishing the Council on Affordable Housing and allowing municipalities to administer their own affordable housing obligations; and

 

WHEREAS; Governor Christie has publicly expressed his opposition to the continued existence of COAH and the erosion of local control over the zoning and planning processes that has developed as a result of the “Fair Housing Act” N.J.S.A. 52:27D-301 et. al.;  and

 

WHEREAS; In view of the potential elimination of COAH and substantial modifications to the housing obligations imposed on New Jersey municipalities by that agency which would follow its abolition, it is in the public interest to impose a moratorium on COAH mandated development applications.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that, by these presents, the Borough formally requests the Planning Board of the Township of Manalapan to suspend the processing of the development application submitted by MBI Development Company for Lot 17 Block 47.

 

BE IT FURTHER RESOLVED that the Mayor and Council of the Borough of Englishtown do hereby formally request the Township Committee of Manalapan Township to reexamine the AH-1 (Affordable Housing Overlay Zone-1) designation of the property in question in light of the legislative developments specified herein.

 

Offered By:                  C/Carr

 

Seconded By:               C/Wojyn

 

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

                 Nays:          None

             Abstain:           None

              Absent:           None

 

Public Buildings & Grounds

Councilman Rucker reports.

·        Reads aloud DPW report

·        Complete cost of snowstorms to date $7,500.00

·        Thanks the Police Dept for their assistance during the snowstorms.

 

Mayor Reynolds reads aloud Borough Engineer’s report.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states:

·        Received a letter from the County regarding the Paris Grant Program for the record management system stating that this project will possibly not be funded in 2011.  The approximate cost to continue this service would be $3,000.00.

Discussion regarding the RIMS program takes place.

 

Borough Administrator/CFO Report

Laurie Finger has nothing to report this evening.

 

Public Portion – Agenda Items

 

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

 

Paula Kuchinski – Hamilton St. - questions why minutes are so far behind.  Questions Resolution No. 2010-056 and Resolution No. 2010-059.  Encourages council to vote down Resolution No. 2010-059.

 

Janet Leonardis – Weamaconk Dr. - questions the appointment of the 2 Special Law Enforcement Officers.

 

Victor Rivera – 6 Heritage Drive – questions regarding the appointment of new officers.

 

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

 

 Old Business

 

BOROUGH OF ENGLISHTOWN                                                                                      PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-02

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2.102 OF THE CODE OF THE BOROUGH OF ENGLISHTOWN “RECYCLING”

 

WHEREAS; The County of Monmouth has amended the Monmouth County District Solid Waste Management Plan which requires each municipality to review and update its Municipal Mandatory Recycling Ordinance; and

 

WHEREAS; The Mayor and Council of the Borough of Englishtown have reviewed Chapter 2.102 of the Code of the Borough of Englishtown “RECYLING”.

 

NOW, THEREFORE, BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown that Chapter 1.02 of the Code of the Borough of Englishtown be, and the same is hereby amended as follows;

 

ARTICLE I

 

Section 2.102.01 PURPOSE is hereby amended to read as follows:

 

            Proper management of solid waste is an important matter of public health and safety.  The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses.  In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et. Seq.) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend the existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.

 

 Section 2.102.01 A.  SOURCE SEPARATION OF RECYCLABLE MATERIALS:

 

1.      It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and pourable plastic bottles (“designated recyclables”), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.

2.      Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other areas in the manner and schedule are regularly published and distributed by the municipality.

3.      Any multi-family complex, business or institution which is not provided recyclables collection service by the Borough or Englishtown or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.

4.      Any multi-family complex, business or institution which is not provided recyclables collection service by municipal force or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.

5.      Leaves shall be kept separate from other vegetative waste and shall only be placed for collection in the manner and schedule as shall be published and distributed by the Borough.  Grass clippings shall not be placed with other materials for solid waste collection.  This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contact with a landscape service or other appropriate contractor, for direct transportation to a permitted recycling operation.

6.      The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for was collection and transportation to a disposal facility:  concrete, asphalt, brick, block, tree stumps and limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.

7.      Automotive and other vehicle or wet cell batteries, used motor oil and antifreeze shall not be disposed as solid waste.  Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrap yards, or publicly operated recycling facilities designed and permitted to handle such products.

8.      Common, non-rechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D, and 9-Volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.

9.      Computers, monitors and other related electronic hardware, as well as analog and digital televisions are prohibited from being placed with other solid waste for disposal.  These and other electronic devices shall be kept separate and brought to retail outlets or publicly operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.

 

Section 2.102.02 DEFINITIONS

 

(a)      Newspaper shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper.  Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.

(b)     Corrugated cardboard shall mean layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons.  Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food such as pizza boxes.

(c)      Clean mixed paper shall mean high grade bond paper, mixed office and school papers, such as stationary, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard).  Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.

(d)      Aluminum cans shall mean all disposable cans made of aluminum used for food and beverages.  Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.

(e)      Tin and bi-metal cans shall mean all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products.  Specifically excluded are cans which contain toxic products, such as paints and oils.

(f)       Glass bottles and jars shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products.  Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.

(g)      Pourable plastic containers shall mean plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE.  Specifically excluded are other resin types (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and package, such as film plastics, blister packaging, boxes, baskets, toys and other products.

 

Section 2.102.03 RECYCLING COORDINATOR

 

A.     (UNCHANGED)

B.     (UNCHANGED)

C.     (UNCHANGED)

 

D.      The Recycling Coordinator shall be required to comply with the Certification Requirements for Municipal Recycling Coordinators, as established by the State of New Jersey.  The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a “Certified Recycling Professional “ (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act. 

 

Section 2.102.04 COLLECTION BY AUTHORIZED PERSONS  (UNCHANGED)

 

Section 2.102.05 COLLECTION BY UNAUTHROIZED PERSONS PROHIBITED  (UNCHANGED)

 

Section 2.102.06 DIRECT DISPOSAL OF RECYCLABLE MATERIAL BY RESIDENT (UNCHANGED)

 

Section 2.102.07 LIQUID AND HAZARDOUS WASTE EXCLUSIONS:

 

1.      No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.

2.      No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.

 

Section 2.102.08 PROVISION AND LABELING OF RECYCLING CONTAINERS:

 

1.      All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and various types of recyclables, as appropriate.

2.      Any company or agency providing dumpsters, roll off to other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.

 

Section 2.102.09 DEBRIS MANAGEMENT PLAN FOR CONSTRUCTION PERMITS:

 

1.      The Borough shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of generated materials.

2.      A refundable deposit of $250.00 shall be submitted with the Debris Management Plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables.  Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.

 

Section 2.102.10 ENFORCEMENT:

 

1.      The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department and the Borough Code Enforcement Officer are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this Ordinance, by issuance of warnings, notices, summonses and complaints.  A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.

2.      The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection with a follow up visit to determine compliance within a stated period of time.

 

Section 2.102.11 VIOATIONS AND PENALTIES:

 

1.      Violation or non-compliance with any of the provisions of this Ordinance, or rules and regulations promulgated hereunder shall be punishable by a fine as follows;

a.       For a first offense- $25.00 to $100.00

b.      For a second offense- $50.00 to $250.00

c.       For third and subsequent offenses-$100.00 to $1,500.00 and/or the performance of community service in the recycling program, for a period not to exceed ninety (90) days.

 

2.      Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.

3.      Fines levied and collected in the Borough Municipal Court pursuant to the provisions of this Ordinance shall be deposited into the Municipal Recycling Trust Fund.  Monies in said fund shall be used for the expenses of the municipal recycling program.

 

BE IT FURTHER ORDAINED that all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance Amendment are hereby repealed to the extent of their inconsistency with the terms and provisions of this Ordinance Amendment. 

 

Should any section, subsection, sentence, clause, phrase, or portion of this Ordinance be ruled invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not invalidate nor affect the remaining provisions of this Ordinance.

 

BE IT FURTHER RESOLVED that this Ordinance Amendment shall become effective upon its passage and publication according to law.

 

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

C/Krawiec asks is the mandate to have a certified recycling coordinator a state mandate and if it is is it funded?

Laurie Finger responds yes it is a state mandate and no it is not funded.

Mayor Reynolds states per Governor Christie no funding, no mandates.

 

C/Krawiec asks that this Ordinance not be adopted until this legislature passes.

 

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

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

 

Motion to table the Adoption of Ordinance No. 2010-02 until the March 24, 2010 Council Meeting was offered by C/Carr and seconded by C/Robilotti.  Passed on the following roll call:

 

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

RESOLUTION NO. 2010-056

 

GRANT AGREEMENT

BETWEEN

Englishtown Borough

AND

THE STATE OF NEW JERSEY

BY AND FOR

THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

 

GRANT IDENTIFIER:  PF10-227

 

GOVERNING BODY RESOLUTION

 

The governing body of Borough of Englishtown desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $ 7,000.00      to fund the following project: 2009 Business Stimulus Fund Grant (BSF)                                                                                         

 

Therefore, the governing body resolves that Thomas Reynolds or the successor to the office of Mayor is authorized (a) to make application for such a grant, (b) if awarded, to execute

a grant agreement with the State for a grant in an amount not less than  $    7,000.00     and  not  more than        $    7,000.00   , and  (c) to execute   any amendments thereto   any amendments thereto which do not increase the  Grantee’s obligations.

 

*The _______Borough of Englishtown Council ________________________ authorizes and hereby agrees to

            (print name of Grantee’s governing body, e.g., board of chosen freeholders) 

match __n/a_% of the Total Project Amount, in compliance with the match requirements of the agreement.  The availability of the match for such purposes, whether cash, services, or property, is hereby certified.  __n/a__% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement).*

 

The Grantee agrees to comply with all applicable federal, State, and municipal laws, rules, and regulations in its performance pursuant to the agreement.

 

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:           Non

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-057

 

AUTHORIZATION OF SERVICES OVER $800

 

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

 

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

 

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

 

Repair of Water Main Break/Harrison Avenue - $3,652.50

Purchased From:

Brenner Drainage & Excavation, Inc.

205 Dey Grove Road

Monroe Twp., N.J.  08831

 

            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.

 

Motion to table Resolution No. 2010-057 until the March 24, 2010 council meeting was offered by C/Robilotti and seconded by C/Carr.  Passed unanimously.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-058

 

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 - $3,726.06

(2/16/10 - $1,936.06 & 2/18/10 - $1,790.00)

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/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. 2010-059

 

RESOLUTION URGING THE ELIMINATION

OF 4% CAP ON LOCAL TAX LEVY

 

WHEREAS, as a result of the 2006 Legislature’s Special Session on Property Tax, P.L. 2007, c. 62 implemented the Joint Committee’s recommendations of establishing homestead credits to reduce property taxes, imposing a 4% cap on local tax levies and permits the Local Finance Board to define capital and non-bondable current expenses; and

 

WHEREAS, in the preamble of the law it states that the “…Joint Committee found that property tax levy caps have been shown to hold down rising property taxes, and therefore, the Legislature should develop a property tax levy cap that accomplishes this goal but does not lead to unintended, adverse consequences”; and

 

WHEREAS, in the face of its own budget problems, the state eliminated the availability of the homestead relief to all but seniors and the disabled, yet failed to adjust the levy cap, which continues to cause problems in local budgeting; and

 

WHEREAS, the 4% cap on local tax levies was touted as crucial to controlling government spending and would force governments to “live within their means and encourage public officials to elevate the public interest” has adversely impacted not only municipal budgets but the ability of local officials to make sound decisions that meet the needs of their town and the demands of the taxpayers; and

 

WHEREAS, the 4% tax levy cap has proven to be counterproductive to sound fiscal policies forcing municipalities to draw down fund balances and reserves during good economic times and increase taxes during bad economic times; and

 

WHEREAS, the tax levy cap has forced municipalities to postpone infrastructure maintenance, eliminate programs and services for the needy and defer statutory expenses; and

 

WHEREAS, the 4% cap does not take into consideration expenses outside the control of local officials such as tax appeals, utility and other energy costs, state mandates, library appropriations or arbitrator’s decisions; and

 

WHEREAS, prior to the levy cap municipalities could reduce their debt, realize savings and use that savings to implement new programs without increasing taxes; with the levy cap municipalities must reduce their levy by the savings; and

 

WHEREAS, after several budget cycles municipalities have attempted to make short-term and long-term structural changes to their budget to bring down long term cost;

 

NOW, THEREFORE BE IT RESOLVED that the governing body of Borough of Englishtown in the county of Monmouth State of New Jersey hereby urge the Legislature to eliminate the arbitrary 4% tax levy cap.

 

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Senator Jennifer Beck, Assemblywoman Caroline Casagrande, Assemblyman Declan J. O’Scanlon, Jr., the New Jersey State League of Municipalities and the Office of the Governor.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Krawiec

 

Roll Call:  Ayes:            C/Rucker

                 Nays:          C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Wojyn

             Abstain:           None

              Absent:           None

 

            BOROUGH OF ENGLISHTOWN

            RESOLUTION NO. 2010-060

 

AUTHORIZING SIGNING OF PROFESSIONAL CONTRACTS

                           

WHEREAS, professional contracts have been submitted to the Governing Body of the Borough of Englishtown; and

 

WHEREAS, Municipal Attorney has reviewed said contracts and has found them to be in compliance with statutory requirements; and

 

WHEREAS, the members of Council hereby approve the following contracts.

 

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Englishtown, County of Monmouth, State of         New Jersey, hereby authorizes the Mayor and Borough Clerk to execute the contracts for professional services for:

             Bond Counsel              John M. Cantalupo of Wilentz, Goldman & Spitzer P.A.

             Prosecutor                   Richard Kelly

 Auditor                        Eugene M. Farrell of Hutchins, Farrell, Meyers & Allison P.A.

             Engineer                      Thomas J. Herits of Maser Consulting

             Attorney                      Joseph Youssouf, Esquire        

 

Motion to table Resolution No. 2010-060 until the March 24, 2010 council meeting was offered by C/Robilotti and seconded by C/Carr.  Passed unanimously.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-061

 

AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ACCESS AGREEMENT FOR SOVEREIGN BANK MONITORING WELL

 

            WHEREAS, the Borough of Englishtown has received correspondence from Environmental Liability Management, Inc., of Princeton, New Jersey, on behalf of the former property owner, Sovereign Bank, indicating the need to modify the Access Agreement to permit installation, maintenance, sample and measurement collection and ultimately, proper closure of a second well required by the NJDEP in the same manner as the existing monitoring well; and

 

            WHEREAS, Environmental Liability Management, Inc. is requesting permission from the Borough of Englishtown to enter the premises at 15 Main Street for the purpose of installing a second monitoring well to be located in the grass covered area in front of the Englishtown Municipal Building; and

 

            WHEREAS, additional documentation has been reviewed, including drawings and reports establishing the need to extend the investigation onto Borough property; and

 

            WHEREAS, an agreement has been negotiated protecting the Borough’s interests with respect to this matter; and

 

            WHEREAS, the Borough of Englishtown is required by law to cooperate with Environmental Liability Management, Inc., in their state-mandated investigation.

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Mayor and Municipal Clerk shall be authorized to execute the negotiated contract, meeting the requirements set forth by Resolution of the governing body.

 

Offered by:                   C/Carr

Seconded by:               C/Robilotti

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

                 Nays:          C/Carr

                Abstain:        None

                Absent:         None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-062

 

APPOINTMENT OF SPECIAL LAW ENFORCEMENT CLASS II OFFICER

 

            WHEREAS, there is a need to hire a Special Law Enforcement Class II Officer; and

 

            WHEREAS, the public safety committee has recommended Scott Zapora for said position.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Scott Zapora is hereby appointed Special Law Enforcement Class II Officer for the Borough of Englishtown as follows:

 

1.      Appointment is contingent upon the successful completion of the psychological and medical exams.

2.      Shall be paid at an hourly rate of $12.00 per hour, paid semi-monthly per the salary ordinance.

3.      That said appointment shall be valid for a period of one year.

 

BE IT FURTHER RESOLVED, that a certified true copy of this resolution be forwarded to the Chief Financial Officer, Chief John Niziolek and Scott Zapora.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Krawiec

 

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

                 Nays:          C/Carr

             Abstain:           None

              Absent:           None

 

9:40 p.m. - At this time C/Carr excuses herself from the remainder of the meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-063

 

APPOINTMENT OF SPECIAL LAW ENFORCEMENT CLASS II OFFICER

 

            WHEREAS, there is a need to hire a Special Law Enforcement Class II Officer; and

 

            WHEREAS, the public safety committee has recommended Philip Accatatta for said position.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Philip Accatatta is hereby appointed Special Law Enforcement Class II Officer for the Borough of Englishtown as follows:

 

1-     Appointment is contingent upon the successful completion of the psychological and medical exams.

2     Shall be paid at an hourly rate of $12.00 per hour, paid semi-monthly per the salary ordinance.

3-  That said appointment shall be valid for a period of one year.

 

BE IT FURTHER RESOLVED, that a certified true copy of this resolution be forwarded to the Chief Financial Officer, Chief John Niziolek and Philip Accatatta.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Krawiec

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Carr

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-064

 

RESOLUTION AUTHORIZING REDEMPTION OF TAX SALE CERTIFICATE

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Josef Hoffman, 326 Shadey Lane Trenton, N.J.  08619:

Tax Sale Certificate Number 09-00003

Block 4, Lot 15

49 Main Street  

in the amount of $76.70

 

            WHEREAS, the above-mentioned certificate has been paid and Josef Hoffman is entitled to a redemption amount of $76.70.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $76.70 to Josef Hoffman, 326 Shadey Lane Trenton, N.J.  08619.

 

            BE IT FURTHER RESOLVED that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Cooke

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Carr

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-065

 

RESOLUTION AUTHORIZING REDEMPTION OF TAX SALE CERTIFICATE

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Josef Hoffman, 326 Shadey Lane Trenton, N.J.  08619:

Tax Sale Certificate Number 09-00014

Block 4, Lot 15

49 Main Street  

in the amount of $863.01

 

            WHEREAS, the above-mentioned certificate has been paid and Josef Hoffman is entitled to a redemption amount of $863.01.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $863.01 to Josef Hoffman, 326 Shadey Lane Trenton, N.J.  08619.

 

            BE IT FURTHER RESOLVED that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Robilotti

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Carr

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-066

 

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 $7,155.56 are hereby authorized to be processed into purchase orders on February 24, 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/Robilotti

 

Seconded By:               C/Rucker

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Carr

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-067

 

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 $491,119.76

                   are hereby authorized to be paid on February 24, 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/Cooke

 

Seconded By:               C/Robilotti

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Carr

 

Tax Collector’s Report

January 2010

 

                                    2010 Taxes                              $383,927.40

                                    Property Redeemed                  $    5,533.00

                                    Duplicate Bill Fee                     $         65.00

 

                                    Net Receipts                            $389,525.40

 

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.

 

Paula Kuchinski – is there money in the budget set aside for repairs for roads.

 

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

 

Executive Session

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

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel/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/Cooke

 

Seconded By:       C/Krawiec

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

                   Nays:        None

                Absent:         C/Carr

               Abstain:         None

 

The time being 9:47 P.M.

 

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

 

The time being 10:24 P.M.

 

Adjournment

 

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

 

The time being 10:25 P.M.

 

 

 

____May 26, 2010________                                          ________________________

Approved by Governing Body                                          Municipal Clerk