** AGENDA **

 

March 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 Item:            Liquor License Transfer

                                                Project Expediters Inc. to Village Center Holdings II, LLC.

 

5.            Approval of Minutes  - January 4, 2010

 

6.            Committee Reports

 

            7.            Borough Engineer’s Monthly Report – March 2010

 

8.            Correspondence

 

            9.            Borough Administrator/CFO Report

 

10.       Open Public Portion/Limited to Agenda Items Only

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

 

            11.            Old Business:

                       

A.                Ordinance No. 2010-02 – Public Hearing & Adoption -Tabled 2/24/10

Amending & Supplementing Chapter 2.102 Entitled “Recycling”

 

B.                 Resolution No. 2010-057 – Tabled 2/24/10

Authorization of Services Over $800 – Water Dept.

Repair of Water Main Break/Harrison Avenue

 

C.        Resolution No. 2010-060 – Tabled 2/24/10

Authorizing Signing of Professional Contracts

12.            New Business:

 

A.                 Ordinance No. 2010-03 – First Reading & Introduction

Ordinance to Exceed the Municipal Budget Appropriation Limits and To Establish a CAP Bank (N.J.S.A. 40A:4-45.14)

 

B.            Ordinance No. 2010-04 – First Reading & Introduction

Amending & Supplementing Chapter 2.73 Entitled “Fire Prevention”

 

C.                 Resolution No. 2010-069

Authorizing Purchases Over $800

Water Dept. – Calcium Hypochlorite Briquettes

 

                        D.         Resolution No. 2010-070

Authorizing Purchases Over $800

Police Dept. – (5) Body Armor Vests

 

E.         Resolution No. 2010-071

Emergency Temporary Appropriations

 

F.         Resolution No. 2010-072

Authorizing Redemption of Tax Sale Certificate – Block 1, Lot 4.02

 

G.         Resolution No. 2010-073

Authorizing Approval of Department Requisitions

 

H.         Resolution No. 2010-074

Authorizing Payment of Borough Bills

 

I.           Resolution No. 2010-075

Introduction of 2010 Municipal Budget

 

J.          Resolution No. 2010-076

Requesting DCA to Review 2010 Municipal Budget

 

K.         Resolution No. 2010-077

Authorizing Accelerated Tax Sale

 

13.              Tax Collector’s Report –             February 2010

 

14.       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.

 

            15.       Executive Session

 

            16.       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.

 

Discussion Items:

 

Liquor License Transfer – Project Expediters Inc. to Village Center Holdings II, LLC

Coral Silsbe, current owner of license and Joseph Ploskonka representing Village Center Holdings II, LLC. are present to answer any questions Mayor and Council have regarding the transfer.  It is stated that the plan is to modify the current site plan for Village Center and to have the liquor license placed in a new freestanding restaurant located on the Gordons Corner side within the boundaries of the Borough.  If the transfer is granted, a 2-year extension will be applied for to allow enough time to finalize the plans. 

Attorney Youssouf states that the application is in order. 

At this time Mayor Reynolds asks members of council if there are any objections to the transfer.  Hearing none, Mayor Reynolds states Resolution No. 2010-078 entitled “Authorizing Person to Person Transfer of Retail Consumption Liquor License” will be added to this evenings agenda.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 4, 2010 was offered by C/Robilotti and seconded by C/Krawiec.  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 Dept Problems. – broken controller and 2 broken lime mixers-cost was $200.00 a piece to fix

·        Hydrant flushing will take place the end of April

·        As of 3/23/10– 4 accounts were shut off from the 3rd quarter and 85 accounts from the 4th quarter are still delinquent.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

·        Easter Egg Hunt was Saturday, March 20th – great turnout.  Total expense for this event was $120.00.  Thanks Borough employees that came out and volunteered their time and thanks councilwoman who made a “special appearance”.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·        Received state aid numbers and the budget will be introduced this evening.

·        Public Hearing on the budget will be held April 28th.

·        Solid Waste Report has been sent to the DEP

·        Postage meter lease is expiring, need to review alternatives.

C/Robilotti asks about postage online.  Laurie Finger responds you need a credit card to purchase postage on line.  Municipalities are not permitted to have a credit card and they will not accept a purchase order.

·        Went to the Manalapan Twp Planning Board meeting to deliver Borough Resolution voicing our objection to the COAH development on Wood Avenue, which is now on the record.

Discussion on this matter takes place between Mayor, Council and Attorney Youssouf.

 

Public Safety

Councilwoman Robilotti reports:

·        Police Activity Report from 2/22 – 3/21 total calls 414 including motor vehicle stops; total motor vehicle stops 154

·        Addresses C/Carr regarding speeding solutions for Hamilton Street; Chief Niziolek reported that the quote he received for the radar monitor suggested is $4495.00.  The County does not lend them out. He suggested possibly putting down rubber speed bumps, which would cost approximately $700.00.

·        Thanks the Fire Dept. for their assistance with pumping out basements when the power was out for hours during the last storm.  Greatly appreciated!

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Also thanks the Fire Dept and the Police Dept. for their assistance during the storm.

 

Public Buildings & Grounds

Councilman Rucker reports:

·        Total cost for last snowstorm $1651.00

·        Thanks Ms. Cooke and Ms. Robbins for setting up a fantastic egg hunt for the kids.  Very well planned and conducted.

 

Mayor Reynolds reads aloud the Borough Engineers monthly report.

 

C/Carr questions who is responsible to open up the floodgate at the Lake.

C/Rucker responds that in the past it was able to open however, the gears on the gate are broken.  The County has been contacted about this and they are not taking responsibility to fix it. 

 

Mayor Reynolds asks Peter Gorbatuk to contact the County Engineer to get a final say on who’s responsible to fix this and to also look into what the cost would be for the Borough to make the repairs.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states:

·        Contacted by two Kwanis members inquiring if anyone would like to start a chapter in Englishtown.  If interested see me for more information.

·        School Board Election is April 20th, 3-9 p.m.

·        Census Info Center has been open inside Borough Hall since March 19th and remains open through April 19th 11:30 – 2:30 Monday – Friday.

·        Letter has been sent to Governor Christie regarding the Borough’s incurred COAH costs.

·        Reads aloud report received from the engineer in response to a request from the last meeting on the condition of the roads and sidewalks on Hamilton Street.

 

Borough Administrator/CFO Report

Laurie Finger states:

·        Received state aid numbers late Thursday evening and the Borough lost $36,558.00, which represents 1.4 cents.  You are not allowed to use that loss of state aid as an add on to your tax levy cap calculation so it was a double hit for us.  Therefore the budget that is on tonight’s agenda for introduction represents a 5.1-cent tax increase.

 

Public Portion – Agenda Items

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

 

Paula Kuchinski, Hamilton St. – questions on Ordinance No. 2010-03

Janet Leonardis, Weamaconk Dr. – questions on Ordinance No. 2010-03

Harvey Klein, English Club Dr. – questions on Ordinance No. 2010-03

 

Explanation given by Laurie Finger, CFO. 

 

Paula Kuchinski encourages council to not adopt this Ordinance.

There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti and seconded by C/Krawiec.  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 “RECYCLING”.

 

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 for confirmation that the County pays for the certification of the recycling coordinator and the recycling coordinator has until January 2012 to meet all certification requirements.  Confirmed by Peter Gorbatuk and Laurie Finger.

 

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

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

Adoption

A motion to adopt Ordinance No.2010-02, above titled, was offered by C/Robilotti and

Seconded by C/Wojyn.  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

 

BOROUGH OF ENGLISHTOWN                             TABLED FROM 2/24/10 MTG.

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.

 

Offered By:          C/Krawiec                

 

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                             TABLED FROM 2/24/10 MTG.

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        

 

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

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-03

 

AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

 

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

 

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

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the April 28, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-04

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2.73 OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “FIRE PREVENTION”

 

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

 

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

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the April 28, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-069

 

AUTHORIZATION OF PURCHASES OVER $800

 

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

 

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

 

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

 

Water Dept. – Calcium Hypochlorite Briquettes - $950.00

 

Purchased From:                                                                   G.P. Jager & Associates, Inc.

10 Bradley Lane

Montvale, N.J.  07645

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:                  C/Krawiec

 

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. 2010-070

 

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:

 

Police Dept. – (5) Body Armor Vests - $4,582.50

 

Purchased From:

Lanigan Associates, Inc.

496 Shrewsbury Avenue

Tinton Falls, N.J.  07701

 

            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. 2010-071

 

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 $140,000.00

 

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 $140,000.00 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. 2010-072

 

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 Culmac Investors Inc. Box 251, Monmouth Beach, N.J.  07750

 

Tax Sale Certificate Number 09-00007

Block 1, Lot 4.022

33 LaSatta Avenue  

in the amount of $6,125.69

 

            WHEREAS, the above-mentioned certificate has been paid and Culmac Investors Inc. is entitled to a redemption amount of $6,125.69.

 

            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 $6,125.69 to Culmac Investors Inc. Box 251, Monmouth Beach, N.J.  07750.

 

            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/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. 2010-073

 

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 $15,982.27

are hereby authorized to be processed into purchase orders on March 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/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                 Nays:   None

             Abstain:    None

              Absent:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-074

 

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 $402,002.78

                   are hereby authorized to be paid on March 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/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. 2010-075

 

RESOLUTION INTRODUCING THE MUNICIPAL BUDGET

OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH,

FOR FISCAL YEAR 2010,

WITH STATEMENTS OF REVENUES AND APPROPRIATIONS

WHICH SHALL CONSTITUTE THE LOCAL BUDGET FOR THE YEAR 2010

 

            BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal budget for the year 2010.

 

            BE IT FURTHER RESOLVED, that the said budget be published in The Asbury Park Press in the issue of April 15, 2010.

 

            The Governing Body of the Borough of Englishtown does hereby approve the following as the budget for the year 2010:

 

1.            Appropriation within "Caps"

                        Municipal purposes (Item H-1, Sheet 19)

            (N.J.S. 40a:4-45.2)                                                                $ 1,513,393.56

 

2.            Appropriations excluded from "Caps"

                        Municipal purposes (Item H-2, Sheet 28)

            (N.J.S. 40a:4-45.3 as amended)                                             $    281,547.77 

           

Total general appropriations excluded

from "Caps" (Item 0, Sheet 29)                                                         $    281,547.77

 

3.            Reserve for uncollected taxes (Item M,

            sheet 29) - based on estimated 97.89% of

                        tax collections                                                                                $    106,44.380

 

4.            Total general appropriations

                        (Item 9, Sheet 29)                                                                     $ 1,901,385.13

 

 

5.            Less:  Anticipated revenues other than

                        current property tax (Item 5, Sheet 11)

            (i.e. surplus, misc. revenues and receipts

            from delinquent taxes)                                                   $   822,230.50

 

6.            Difference:  Amount to be raised by taxes

            for support of Municipal Budget (As Follows)

 

            A.  Local tax for Municipal purposes

                  including reserve for uncollected

                  taxes (Item 6 (A), Sheet 11)                                      $1,079,154.63            

 

            Notice is hereby given that the Budget and Tax Resolution is approved by the Mayor and Council of the Borough of Englishtown, County of Monmouth on March 24, 2010.

 

            A hearing on the Budget and Tax Resolution will be held at 15 Main Street, Englishtown, NJ 07726 on April 28, 2010 at 7:30 p.m. at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.

 

Offered By:                  C/Robilotti      

 

Seconded By:               C/Rucker

 

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. 2010-076

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

REQUESTING DCA TO REVIEW 2010 MUNICIPAL BUDGET

 

WHEREAS, the Borough of Englishtown is eligible for local self-examination of the 2010 Municipal Budget; and

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth conducted an accelerated tax sale in 2009; and

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth plans to conduct another accelerated tax sale in 2010 which then disqualifies the municipality for self-examination of the 2010 Municipal Budget in accordance with N.J.A.C. 5:30-7.5;

            NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Englishtown hereby requests the State of New Jersey, Division of Local Government Services to review its 2010 Municipal Budget.

 

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. 2010-077

 

RESOLUTION AUTHORIZING AN ACCELERATED TAX SALE TO BE HELD IN ACCORDANCE TO THE RULES AND REGULATIONS PURSUANT TO N.J.S.A. 54:5-19

 

                    WHEREAS, according to the amended regulations set forth in N.J.S.A. 54:5-19 et seq., all taxes and municipal water and sewer, and other lienable charges payable through the eleventh day of the eleventh month of the current fiscal year shall be subject to tax sale and offered for sale of lien to the lowest bidder or highest premium bidder at a tax sale to be held on December 17, 2010 at the Borough of Englishtown municipal building at 15 main street Englishtown, New Jersey; and 

 

                   WHEREAS, there are delinquencies appearing in the records of the Borough of Englishtown for monies levied on the owners of record as they appear in the official tax list filed in the office of the Collector of Taxes of the Borough of Englishtown, as well as listings from the Borough of Englishtown Municipal Water and Sewer Department.

 

                  NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth State of New Jersey that the Tax Collector of the municipality be and is hereby authorized, to hold a Tax Sale for taxes, water and sewer arrears for properties located in our municipality on December 17, 2010, with official notices of sale being advertised and notice the owners of record according to the requirement of N.J.S.A. 54:5-19 et seq.

 

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

 

At this time Mayor Reynolds adds Resolution No. 2010-078 to the agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-078

 

AUTHORIZING PERSON TO PERSON TRANSFER OF

RETAIL CONSUMPTION LIQUOR LICENSE

 

            WHEREAS, Village Center Holdings II, LLC., has applied for a person to person transfer of a retail consumption liquor license from Project Expediters, Inc.; and

 

            WHEREAS, the Borough of Englishtown is cognizant of the fact that the license is a pocket license, and has an interest in the license being utilized; and

 

            WHEREAS, the owners of Village Center Holdings II, LLC., has advised the Borough Council that they intend  to arrange for the license to be used in connection with   construction of a new restaurant within Englishtown; and

 

            WHEREAS, this transfer will be effective on Monday March 29th 2010 the scheduled closing date.

 

            NOW, THEREFORE BE IT RESOLVED, by the Englishtown Borough Council that the person to person transfer of a retail consumption liquor license from Project Expediters, Inc. to Village Center Holdings II, LLC., is approved.

 

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

 

Offered By:                  C/Carr

 

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

 

 Tax Collector’s Report

February 2010

 

                                                                        2010 Taxes                          $728,566.85

                                                                        Interest                                          161.01

                                                                        Duplicate Bill Fee                             65.00

                                                                        Outside Lien Redemption               939.71

                                                                        Net Receipts                       $729,732.57

 

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.

 

Isabelle Lewis, Park Avenue – was advised that several years ago inspectors were out to inspect the floodgate and a report was filed with the County.  If the report was sent to the County someone obviously feels they are responsible for the repairs.

 

Mayor Reynolds states we will look into this.

 

Kathy Bien, Main Street – In regard to the storms over the last several weeks, where do you think the water will go if you open floodgates.  There is a ton of sediment in the brooks and streams.   What funding sources are available for sediment dredging?  The streams and brooks need to be maintained in order to prevent flooding.

 

Paula Kuchinski questions why website isn’t updated.

C/Wojyn logs onto website on his laptop and shows that the website is updated.

 

Paula Kuchinski states budget is being introduced at a 5.1-cent increase.  Will it be gone over with a fine toothcomb and can I assume that it will not be adopted with this increase.

 

Mayor Reynolds states we will review it again and it’s a possibility.

 

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.

 

Mayor Reynolds calls a five-minute recess.

 

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/Robilotti

 

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 8:46 P.M.

 

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

 

The time being 9:55 P.M.

 

Adjournment

 

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

 

The time being 9:56 P.M.

 

 

 

__June 23, 2010__________                                          ________________________

Approved by Governing Body                                          Municipal Clerk