** AGENDA **

 

May 26, 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.         National Police Month

·        Proclamation

·        Presentation of Retirement Service Plaque to Chief John Niziolek

·        Presentation of Patriot Pins

 

5.         Approval of Minutes             - February 24, 2010

 

6.         Committee Reports

 

            7.         Borough Engineer’s Monthly Report – May 2010

 

8.         Correspondence

 

            9.         Borough Administrator/CFO Report

 

            10.        Public Hearing:            Release of Performance Guarantee – Quick Chek

 

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.                 Bond Ordinance No. 2010-05 – Public Hearing & Adoption

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

 

B.         Ordinance No. 2010-06 – Public Hearing & Adoption

Amending & Supplementing Chapter 2.134 Entitled “Alarm Systems”

 

13.              New Business:

 

A.                 Ordinance No. 2010-07 – First Reading & Introduction

Amending & Supplementing Chapter 1.33 of the Code of the Borough of Englishtown Entitled “Police Department”

 

B.         Resolution No. 2010-095

Authorizing Release of Performance Guarantee – Quick Chek

 

C.                 Resolution No. 2010-096

Authorizing Services Over $800

Water Dept. – Sidewalk repair due to water main breaks on Water St.

 

                        D.         Resolution No. 2010-097

Authorizing Services Over $800

Annual Maintenance Contract for Avaya Telephone System

 

E.         Resolution No. 2010-98

Authorizing Redemption of Tax Sale Certificate

 

F.         Resolution No. 2010-99

Authorizing Redemption of Tax Sale Certificate

 

G.         Resolution No. 2010-100

Authorizing Refund of Vendor Fees to Street Party Vendors

 

H.         Resolution No. 2010-101

Amending Approved Budget in Accordance with the Provisions of 40A:4-9

 

I.         Resolution No. 2010-102

Authorizing Mayor to Sign Shared Service Agreement with the County of Monmouth for 911 Communications Center Services

 

J.         Resolution No. 2010-103

Authorizing the Execution of a Stipulation of Settlement Regarding BTR Capital Group, LLC V. Englishtown

 

K.         Resolution No. 2010-104

Authorizing Approval of Department Requisitions

 

L.         Resolution No. 2010-105

Authorizing Payment of Borough Bills

 

            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 7:32 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, Tom Herits, Borough Engineer, 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.

 

Mayor Reynolds reads Proclamation for National Police Month

Presentation of Retirement Service Plaque to Chief John Niziolek

Presentation of Patriot Pins to Special Officers

 

Approval of Minutes

 

There being no corrections, deletions or additions, a motion to approve the Minutes of February 24, 2010 was offered by C/Robilotti and seconded by C/Krawiec.  Passed on the following roll call:

 

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

                      Nayes:  None

                     Absent:  None

                    Abstain:  C/Carr

 

Committee Reports

 

Public Utilities

Councilwoman Krawiec reports:

·        Rick Guffanti and Laurie Finger attended a County Recycling meeting regarding new Recycling Bins for the Borough.

·        A broken lime mixer in the water department was repaired.

·        Meters and remotes were installed in two houses on Lasatta Avenue.

·        First Quarter, there were zero delinquencies in water bills.

 

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports: 

·        Memorial Day Parade May 31st. line up will be at 1:30.

·        Thank you to Liz Canario for resolving a band issue that came up so they would still be able to march in the parade.

·        Englishtown Street Party was May 15th.  Thank you to DPW, resident volunteers, employees Rosemary O’Donnell, Celia Hecht, Jeannie Keevins, Christine Robbins, and C/Wojyn; a great job by all.  There was a profit of $793.00 for the event.

·      Would like to add Resolution 2010-106 regarding the grass cutting at 49 Main Street to tonight’s agenda.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·         2010 Budget amendment reflects a 2-cent increase.

·        May 13th  NJ Natural Gas energy audit program attended by Clerk and CFO which we will be applying for with no fee, no obligation.  Direct Install Program.

 

Public Safety

Councilwoman Robilotti reports:

·                    Reads letter from County Prosecutor regarding confiscated funds.

·                    Reads letter regarding the professionalism of Sgt. Cooke, from resident Claire Leight.

·                    Police report from May 10 to May 23rd.  Total calls 251including Motor Vehicle Stops, Motor Vehicle 63 Routine calls 97 

·                    DCA New Jersey Downtown Revitalization -C/Carr will be our representative.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·                    Solar Panel update will be given by Nick Campanella at next council meeting concerning our open space availability in the Borough.

 

Public Buildings & Grounds

Councilman Rucker reports:

·                    Discussed the Sanford Park repairs and passed around before and after photographs which were quite impressive.

·                    Street Fair was handled well by DPW and it was one of our most successful.

·                    Property next to the Borough Hall owned by Mr. French is for sale and if council is interested to please let him know. 

 

Mayor Reynolds reads aloud the Borough Engineers monthly report.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports:

·                    Federal Disaster deadline for registering is June 1st.

 

Borough Administrator/CFO Report

Laurie Finger reports:

·          Asks Mayor and Council for permission to proceed with the Direct Install Energy Program.  Permission is granted.

·         Forestry Grant Request for Quotes have been completed and approved by Bill Brash and will be sent out in June to remove dead and diseased trees and trim others.

·          Looking into Credit Card terminal for Court so defendants can pay their fines with their credit cards.

·        2009 Audit is complete; Mayor and Council will receive it for review. Gene Farrell our Auditor will present the report at the June 9th meeting.

 

       PUBLIC HEARING: RELEASE OF PERFORMANCE GUARANTEE – QUICK CHEK

 

Mary Elizabeth Warner Council for Quick Chek requesting for the release of the On-Site and Off-Site Performance Bonds stating that all work requested by the Borough has been completed.

 

Tom Herits Borough Engineer says all site improvements have been met.  A maintenance bond will be posted. 

 

Deborah Nenkov resides next door to Quick Chek.  Claims her house is falling apart due to the traffic created by Quick Chek.

 

Mayor Reynolds reminds Deborah Nenkov that this is only on the site improvements.

 

Deborah Nenkov asks who she can go to regarding the issues she has?

 

Mayor says it is a legal issue and she needs to handle this as a legal issue.

 

Attorney Youssouf explains the process of Quick Chek’s performance bond release.  He then explains that Quick Chek damaging her life is a private civil complaint and needs to be done privately with her attorney.

 

Deborah Nenkov says no attorney will go against Quick Chek and Attorney Youssouf says the Mayor and Council have no jurisdiction regarding her complaint.

 

Tom Herits says the entrance way could use some attention.  The overflowing dumpsters would be a property maintenance issue and the borough could help there.  Larger dumpsters would resolve that issue.

 

Attorney Youssouf says there are Code Enforcement issues that could be addressed. 

 

Mary Elizabeth Warner says Quick Chek prides itself on being good neighbors; there is a very long history here.  Quick Chek said if there are issues such as lack of dumpster space, entrances, garbage on the property that can make a difference, they will address them.

 

C/Carr asks Deborah Nenkov to write a letter with a list of problems to determine what issues the Borough could handle.

 

Public Portion – Agenda Items

 

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

 

Diane Koellner, employee - asks to be invited into the Executive Session to be part of the discussion of which will be about herself.

 

Isabelle Lewis questions what is amended in the Alarm Ordinance. 

 

Barbara Kuchinski questions Resolution No. 2010-101. Mayor explains it is the amendment of the changes from 5.1 to 2.0 cents.  Public Hearing will be on June 9th.

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                                                                            PUBLIC HEARING & ADOPTION

BOND ORDINANCE NO. 2010-05

 

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

 

               BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

 

                SECTION 1.   The improvement or purpose described in Section 3 of this bond ordinance is hereby authorized as a general improvement or purpose to be undertaken by the Borough of Englishtown, in the County of Monmouth, State of New Jersey (the “Borough”).  For the said improvement or purpose stated in Section 3, there is hereby appropriated the sum of $540,000, which sum includes $250,000 as the amount of a Grant expected to be received from the New Jersey Department of Transportation (the “Grant”) and $30,000 as the amount of down payment for said improvement or purpose as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”).  Said down payment is now available therefor by virtue of an appropriation in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes.

                SECTION 2.   For the financing of said improvement or purpose described in Section 3 hereof and to meet the part of said $540,000 appropriation until said Grant is received and not provided for by application hereunder of said down payment, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $510,000 pursuant to the Local Bond Law.  In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the Borough in a principal amount not exceeding $510,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

                SECTION 3. (a)  The improvement hereby authorized and purpose for the financing of which said bonds or notes are to be issued is the reconstruction of Weamaconk Drive and Victory Drive, including but not limited to, roadway excavation, milling, paving, reconstruction and resurfacing of the roadway, and the repairing and/or installation, as applicable, of curbs, curb ramps, sidewalks and driveway aprons, drainage work, roadway painting and landscaping and aesthetic improvements, and also including all engineering and design work, surveying, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. (b)The estimated maximum amount of bonds or notes to be issued for said improvement or purpose is $510,000.  Upon the Borough’s receipt of the Grant, the maximum amount of bonds or notes issued for said improvement or purpose shall be reduced by such amount in accordance with section 4 herein.

                SECTION 4.   In the event the United States of America, the State of New Jersey, and/or the County of Monmouth make a contribution or grant in aid to the Borough, including the Grant, for the improvement and purpose authorized hereby and the same shall be received by the Borough prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Monmouth.  In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Monmouth, including the Grant, shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose.  This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the Borough as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid.

                SECTION 5.   All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Borough, provided that no note shall mature later than one (1) year from its date or otherwise authorized by the Local Bond Law.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer.  The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law.  The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof.  The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made.  Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser.

                SECTION 6.   The Capital Budget of the Borough is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith.  In the event of any such inconsistency, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended Capital Budget and capital programs as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs will be on file in the office of the Clerk and will be available for public inspection.

                SECTION 7.   The following additional matters are hereby determined, declared, recited and stated:

(a)                The improvement or purpose described in Section 3 of this bond ordinance is not a current expense and is an improvement, which the Borough may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

(b)                The average period of usefulness of said improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 15 years.

(c)                The Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, and such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $510,000 and the said bonds or notes authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

(d)                An aggregate amount not exceeding $110,000 for items of expense listed in and permitted under section 20 of the Local Bond Law is included in the estimated cost indicated herein for the purpose or improvement hereinbefore described.

                SECTION 8.   The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the bonds or notes authorized by this bond ordinance.  The bonds or notes shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the bonds or notes and the interest thereon without limitation as to rate or amount.

                SECTION 9.   The Borough reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes.  This Section 9 is intended to be and hereby is a declaration of the Borough's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §1.150-2.  No reimbursement allocation will employ an “abusive arbitrage device” under Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the “Code”).  The proceeds of any bonds or notes authorized herein used to reimburse the Borough for costs of the improvements or purposes described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of “replacement proceeds”, including “sinking funds”, “pledged funds” or funds subject to a “negative pledge” (as such terms are defined in Treasury Regulations §1.148-1), of any bonds or notes authorized herein or another issue of debt obligations of the Borough other than amounts deposited into a “bona fide debt service fund” (as defined in Treasury Regulations §1.148-1).  The bonds or notes authorized herein to reimburse the Borough for any expenditures toward the costs of the improvements or purposes described in Section 3 hereof will be issued in an amount not to exceed $510,000.  The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of section 150 of the Code.  All reimbursement allocations will occur not later than eighteen (18) months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized herein is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is “placed in service” (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three (3) years after the expenditure is paid.

                SECTION 10.   The Borough covenants to maintain the exclusion from gross income under section 103(a) of the Code of the interest on all federally tax exempt bonds and notes issued under this ordinance.

                SECTION 11.   This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption and approval by the mayor, as provided by the Local Bond Law.

Public Hearing

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

 

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

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

 

 Adoption

A motion to adopt Bond Ordinance No. 2010-05, above titled, was offered by C/Rucker 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

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-06

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2.134

ENTITLED “ALARM SYSTEMS” OF THE CODE OF THE

BOROUGH OF ENGLISHTOWN

 

            BE IT HEREBY ORDAINED by the Mayor and Council of the Borough of Englishtown that Chapter 2.134, Section 2.134.04 is hereby amended as follows:

 

                                                ARTICLE I

 

            [New Section]  2.134.04.E:  Any alarm user who shall fail or neglect to register an alarm system and obtain a registration certificate from the Office of the Clerk of the Borough of Englishtown as required by this ordinance shall be subject to a minimum fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00).

 

            BE IT FURTHER ORDAINED by the Mayor and Council of the Borough of Englishtown that Chapter 2.134, Section 2.134.05A is hereby repealed and replaced as follows:

 

2.134.05            Registration Duration and Renewal

 

A.  Registration shall expire December 31st of each year and must be renewed annually within thirty days of the registration expiration date by submitting an updated application and registration renewal fee to the Borough Clerk.  It is the responsibility of the Alarm User to submit an application prior to the registration expiration date.  A late fee of $35.00 shall be assessed if the renewal is more than thirty (30) days late.  Failure to renew by March 1st will be classified as a use of a non-registered alarm system and citations and penalties cited in Section 2.134.04E shall be assessed.

 

            BE IT FURTHER ORDAINED by the Mayor and Council of the Borough of Englishtown that Chapter 2.134, Section 2.134.09 is hereby amended as follows:

 

2.134.09                    Fines

 

2.134.09A             * Plus a $35.00 late fee if not paid within thirty days shall be removed.

 

2.134.09B        (sentence 1 shall be amended to read) The Police Department shall notify the alarm user in writing after the second false alarm.  

 

                                                ARTICLE II

 

Should any portion, section or subsection of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such provision, portion, section or subsection shall be deemed severable and shall not affect the validity of the remaining portions of this ordinance which shall remain in full force and effect.

 

                                                  ARTICLE III

 

This ordinance amendment shall take effect upon final passage and after publication as required by law.

 

Public Hearing

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

 

Question from the public (not identified) what was changed? Mayor Reynolds addresses.

 

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

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

 

Adoption

A motion to adopt Ordinance No. 2010-06, above titled, was offered by C/Rucker 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                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-07

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1.33

“POLICE DEPARTMENT” OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

 

A motion to table the introduction of Ordinance No. 2010-07 was offered by C/Rucker and seconded by C/Wojyn.  Motion to table defeated by the following roll call:

 

Roll Call:         Ayes:     C/Rucker, C/Wojyn

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

                   Abstain:    C/Cooke

                    Absent:   None

 

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

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                  Nays:          C/Rucker

 Abstain:           C/Cooke    

 Absent:           None

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the June 9, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-095

 

AUTHORIZING RELEASE OF PERFORMANCE BONDS

QUICK CHEK CORP

 

            WHEREAS, the Borough of Englishtown accepted an on-site Performance Bond No. B1021999 for the Quick Chek Corp, Block 6, Lot 1-6 & 13.01 in the amount of $645,081.00 dated April 27, 2006 ; and

 

            WHEREAS, the Borough of Englishtown also accepted an off-site Performance Bond No. B1020824 for the Quick Chek Corp. in the amount of $17,075.00; and

 

            WHEREAS, Laura Giglio of Quick Chek Corp. requested the release of the Performance Bonds, by sending via certified mail the notice of public hearing to all property owners within 200 feet of the Quick Chek  Project, as mandated by Borough Ordinance, which is to be held at the Regular Council Meeting of May 26, 2010, and

 

            WHEREAS, by a report, dated May 12, 2010, the Borough Engineer recommended the Release of the Performance Bond since all the prior deficiencies have been corrected and are now found satisfactory; and

 

            WHEREAS, the Borough Engineer also recommends the posting of a 2 year maintenance bond in the amount of $107,513.37, which was received and dated April 29, 2010

Bond No. 105362503 expiring May 26, 2012; and

 

            WHEREAS, all outstanding professional bills have been be paid.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the release of the on-site Performance Bond No. B1021999 in the amount of $645,081.00 and 10% cash in the amount of 77,025.50 which includes interest income earned through April 30, 2010; and off site Performance Bond No. B1020824 in the amount of $17,075.00 and the 10% cash in the amount of $1,897.20 are hereby authorized to be released to Quick Chek Corp.

 

            NOW, THEREFORE, BE IT FURTHER RESOLVED that the Borough of Englishtown is in receipt of Maintenance Bond No. 105362503 in the amount of $107,513.37 and hereby accepts said Bond dated April 29, 2010 expiring May 26, 2012.

 

            NOW, THEREFORE, BE IT FURTHER RESOLVED, that a certified true copy of this Resolution be provided by the Municipal Clerk to Laura Giglio of Quick Chek Corp., Borough Engineer and Chief Financial Officer.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                     Nays:   None

                   Abstain: None   

                    Absent: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-096

 

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:

 

Water Dept. – Sidewalk repair due to water main breaks on Water St. - $1500.00

Purchased From:

Madeira Concrete, Inc.

43 Providence Street

Newark, N.J.  07105

 

            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. 2010-097

 

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:

 

Annual Maintenance Contract for Avaya Telephone System - $993.00

 

Purchased From:

The Leader Group

810 Mayo Drive

Toms River, N.J.  08753

 

            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. 2010-098

 

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 09-00005

Block 13, Lot 21

10 Tennent Avenue  

in the amount of $75.37

 

            WHEREAS, the above-mentioned certificate has been paid and Josef Hoffman is entitled to a redemption amount of $75.37.

 

            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 $75.37 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/Carr

 

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

                       Nays:   None

                   Abstain:   None   

                    Absent:  None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-099

 

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 09-00018

Block 13, Lot 21

10 Tennent Avenue  

in the amount of $7,851.45

 

            WHEREAS, the above-mentioned certificate has been paid and Josef Hoffman is entitled to a redemption amount of $7,851.45.

 

            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 $7,851.45 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/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. 2010-100

 

AUTHORIZING REFUND OF VENDOR FEE TO

ENGLISHTOWN STREET PARTY VENDOR

 

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

 

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

 

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

 

Cristina Peters – 3D Plaster Art - Freehold, N.J. – 1 space - $25.00, and;

 

            WHEREAS, the following vendor was accidentally duplicated at the Englishtown Street Party held on May 15, 2010 and because of the error is now due a refund:

 

Karen Colegary – Mary Kay Cosemetics – Freehold, N.J. – 1 space - $25.00

           

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

 

Offered By:            C/Robilotti

 

Seconded By:        C/Cooke

 

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

                      Nays:   None

                   Abstain:  None   

                    Absent: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-101

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

TO AMEND APPROVED BUDGET

IN ACCORDANCE WITH THE PROVISIONS OF 40A:4-9

 

            WHEREAS, the local municipal budget for 2010 was approved on March 24, 2010; and

 

            WHEREAS, the public hearing on said budget has been held as advertised; and

 

            WHEREAS, the governing body desires to amend said approved budget;

 

            NOW THEREFORE BE IT RESOLVED, by the governing body of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the following amendments to the approved budget of 2010 be made:

 

CURRENT FUND

 

REVENUES                                                                    FROM                               TO

 

Miscellaneous Revenues – Section A:       

Interest and Cost on Taxes                                 $    5,000.00                  $        6,000.00

Anticipated Utility Operating Surplus                               0.00                          10,000.00

 

Total Miscellaneous Revenues – Section A                       165,800.00                        176,800.00

           

Miscellaneous Revenues – Section F:                           

Clean Communities Program                                            0.00                            4,000.00

Total Miscellaneous Revenues – Section F                          18,042.28                          22,042.28

 

Miscellaneous Revenues – Section G:       

            General Capital Surplus                                                    0.00                           36,000.00

 

Total Miscellaneous Revenues – Section G                           71,182.22                        107,182.22

 

Total Miscellaneous Revenues                                            397,230.50                        448,230.50

           

5.             Subtotal General Revenues                                 822,230.50                        873,230.50

 

6.         Amount to be raised by Taxes                              1,079,154.63                       999,466.22

 

7.         Total General Revenues                                   $   1,901,385.13             $     1,872,696.72

 

APPROPRIATIONS

 

     Operations – Within “CAPS”

Celebration of Public Events:                          

    Other Expenses                                                      $         4,000.00                    $               0.00

 

Police Department:

                Salaries and Wages                                            507,550.00                          484,550.00

 

Snow Removal:  

    Salaries and Wages                                                            5,000.00                                2,500.00         

                Other Expenses                                                    10,000.00                               7,500.00

 

Total Operations - Within “CAPS”                                   1,426,600.00                         1,394,600.00              

Detail:

  Salaries and Wages                                                                739,135.00                       713,635.00

  Other Expenses                                                                      687,465.00                       680,965.00

 

 (H-1) Total General Appropriations                                  $ 1,513,393.56                   $ 1,481,393.56

  Within “CAPS”

 

     Operations – Excluded from “CAPS”                                                        

Public and Private Programs Offset by Revenues:

  Clean Communities Program                                                                 0.00                            4,000.00

 

Total Public and Private Programs Offset by

Revenues:                                                                                        18,486.28                         22,486.28

 

Total Operations – Excluded from “CAPS”                                    168,954.72                       172,954.72

   

Detail:

  Other Expenses                                                                           168,954.72                       172,954.72

 

(H-2) Total General Appropriations for Municipal

    Purposes Excluded from “CAPS”                                              281,547.77                       285,547.77

 

(O) Total General Appropriations Excluded

      From “CAPS”                                                                          281,547.77                       285,547.77

 

(M) Reserve for Uncollected Taxes                                                 106,443.80                       105,755.39

 

        Total General Appropriations                                            $   1,901,385.13                 $ 1,872,696.72

 

 

SEWER UTILTY FUND

 

 

REVENUES                                                                    FROM                                    TO

 

Operating Surplus Anticipated                                    $     110,900.00               $     120,900.00

 

Total Sewer Utility Revenues                                      $     453,900.00               $     463,900.00

 

APPROPRIATIONS

 

Surplus (General Budget)                                           $                0.00                $       10,000.00

 

Total Sewer Utility Appropriations                             $     453,900.00                 $      463,900.00                 

 

BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40A: 4-9, be published in the Asbury Park Press in the issue of 6/2/10, and that said publication contain notice of public hearing on said amendment to be held at the Municipal Building on 6/9/10 at 7:30 pm.

 

            BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for certification of the 2010 Local Municipal Budget as amended.

 

Offered By:            C/Robilotti

 

Seconded By:            C/Carr

 

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

                       Nays:   None

                   Abstain:    None   

                    Absent:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-102

 

AUTHORIZING MAYOR TO SIGN SHARED SERVICE

AGREEMENT WITH THE COUNTY OF MONMOUTH

FOR 911 COMMUNICATION CENTER SERVICES

 

            WHEREAS, the Borough of Englishtown has entered into a shared service agreement with Monmouth County for 911 Communication Center Services through December 31, 2014; and

 

NOW, THEREFORE, BE IT RESOLVED that 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 with the County of Monmouth for 911 Communication Center Services.

 

Offered By:            C/Robilotti

 

Seconded By:            C/Carr

 

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

                       Nays:   None

                   Abstain:   None   

                    Absent:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-103

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE

BOROUGH OF ENGLISHTOWN AUTHORIZING THE

EXECUTION OF A STIPULATION OF SETTLEMENT

REGARDING THE BTR CAPITAL GROUP, LLC. V. ENGLISHTOWN

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown have received and reviewed a proposed stipulation of settlement of the tax appeal in the above captioned matter; and

 

            WHEREAS, the proposed stipulation of settlement and supporting documentation were reviewed by the Borough Tax Assessor and the Borough’s Appraiser and both the Assessor and Appraiser recommended acceptance of the proposed settlement of said tax appeals; and

 

            WHEREAS, based on the advise of the Borough Tax Assessor, Appraiser and Borough Attorney, it the considered opinion of the Mayor and Council of the Borough of Englishtown that settlement of the BTR Tax appeals, in accordance with the terms set forth in the Stipulation of Settlement, is in the public interest, necessary and desirable.

 

            NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that the Borough Attorney be, and the same is hereby authorized, to execute the proposed Stipulation of Settlement in the above captioned case and to file same with the Tax Court of the State of New Jersey.

 

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. 2010-104

 

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 $4,924.79

are hereby authorized to be processed into purchase orders on May 26, 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/Carr

 

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

                      Nays:   None

                   Abstain:  None   

                    Absent:  None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-105

 

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 $622,481.55

                   are hereby authorized to be paid on May 26, 2010.

 

2.       The Borough Clerk is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered By:            C/Robilotti

 

Seconded By:            C/Carr

 

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

                     Nays:   None

                   Abstain: None   

                    Absent: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-106

 

AUTHORIZING ABATEMENT BY THE BOROUGH

OF CHAPTER 2.100 PROPERTY MAINTENANCE VIOLATION

 

            WHEREAS, complaints have been filed with the code enforcement officer of the Borough of Englishtown regarding excessively high grass at 49 Main Street, Block 4, Lot 15 on the Borough of Englishtown tax map; and

 

            WHEREAS, correspondence was sent to the owner and was returned to the Borough of Englishtown marked vacant/undeliverable.  Three (3) visits were also made to the residence by the Borough Code Enforcement Officer in an attempt to locate the owner; and

 

            WHEREAS, the Borough Code Enforcement Officer requested that a cost estimate to place 49 Main Street in proper condition, be prepared by the Department of Public Works Supervisor per Borough Code Chapter 2.100.14E to be presented to Mayor and Council; and

 

            WHEREAS, the cost estimated to place 49 Main Street in proper condition is two hundred forty dollars ($240.00) and after approval by Mayor and Council to perform the work, shall become a lien against the premises, collectible as provided by law.

 

            NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Englishtown authorize the abatement of the excessively high grass located at 49 Main Street if property is not placed in state of repair by June 9, 2010, at a cost of $240.00 which shall become a lien on the premises after the abatement is performed.

 

            BE IT FURTHER RESOLVED that a true certified copy of the resolution shall be filed with the tax collector, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.

 

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

 

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. 

 

Brian Manetta PBA Local 166 representative – Questions on Ordinance 2010-07

 

Attorney Youssouf addresses questions.

 

Alex Dinicola Police Officer PBA 166 advises council to replace the two officers that left and also the Chief Position.  Retirement Health Benefits are we covered or not?

 

B/A Finger says we are not covered.  This should have been done in 1997-1999 but it was not done. We will abide by the decision of the State. If we can, we will do what needs to be done.

 

Barbara Kuchinski requests a letter be sent to Governor Christie to see if he there is anything he could do regarding this matter.

 

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

 

Executive Session

 

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

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of Attorney Client Privileges; 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/Carr

 

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

                   Nays:  None

                Absent:  None   

               Abstain:  None

 

The time being 8:50 P.M.

 

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

 

The time being 9:36 P.M.

 

At this time Resolution No. 2010-107 is added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-107

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN TERMINATING THE EMPLOYMENT OF DIANE S. KOELLNER

 

WHEREAS; Diane S. Koellner has been employed on a part-time basis as a clerk in the Municipal Court of the Borough of Englishtown; and

 

WHEREAS; Rosemary O’Donnell, C.M.C.A. the Municipal Court Administrator has recommended that Ms. Koellner be terminated immediately from her employment by the Borough of Englishtown; and

 

WHEREAS; Judge James Newman has concurred in the recommendation submitted by Ms. O’Donnell; and

 

WHEREAS; It is the considered opinion of the Mayor and Council of the Borough of Englishtown that, based on the advise of the Municipal Court Administrator and the Municipal Judge, the immediate termination of Diane S. Koellner is necessary and appropriate.

 

NOW, THEREFORE, IT IS HEREBY RESOLVED that Diane S. Koellner be discharged from her employment with the Borough of Englishtown effective as of the close of business May 26, 2010.

 

BE IT FURTHER RESOLVED that a certified true copy of this Resolution be forwarded to Diane S. Koellner, Judge James Newman and Court Administrator O’Donnell by the Clerk of the Borough of Englishtown.

 

Offered By:            C/Robilotti

 

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

 

Adjournment

 

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

 

The time being 10:03 P.M.

 

 

 

___August 25, 2010                                                          ________________________

Approved by Governing Body                                          Municipal Clerk