** AGENDA **

 

November 22, 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.         Proclamation:   Proclaiming December as National Drunk & Drugged Driving Prevention Month

 

5.         Approval of Minutes - November 10, 2010

 

6.         Committee Reports

 

            7.         Correspondence

 

            8.         Borough Administrator/CFO Report

 

            9.         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.

 

            10.       Old Business:

 

                        A.        Ordinance No. 2010-009 – Public Hearing & Adoption         

Amending & Supplementing Chapter 2.126 (Water) of the Code of the Borough of Englishtown

 

                        B.        Ordinance No. 2010-010 – Public Hearing & Adoption

Amending & Supplementing Chapter 2.106 (Sewers) of the Code of the Borough of Englishtown

 

11.  New Business:

 

A.                 Ordinance No. 2010-011 – First Reading & Introduction

Amending & Supplementing Chapter 2.50 Entitled “Schedule of Fees”

  

B.        Ordinance No. 2010-012 – First Reading & Introduction

Establishing Limits for Salaries of the Borough of Englishtown Employees

 

C.                 Resolution No. 2010-192

Adoption of Identity Theft Policy

 

                        D.         Resolution No. 2010-193

Authorizing Refund of Taxes Due to County Tax Appeal

 

E.         Resolution No. 2010-194

            Authorizing Services Over $800

            Police Dept. – Repair of Police Vehicle #7

 

F.         Resolution No. 2010-195

Granting Approval for Taxi License

 

                        G.         Resolution No. 2010-196

Authorizing Mayor to Sign Statement of Consent Application

 

H.             Resolution No. 2010-197

Authorizing Mayor to Sign Sanford Park Forestry Services Contract

 

I.                Resolution No. 2010-198

Authorizing Approval of Department Requisitions

 

J.                   Resolution No. 2010-199

Authorizing Payment of Borough Bills

 

12.       Tax Collector’s Report – October 2010 

                       

13.       Public Portion

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

           

            14.       Executive Session

 

            15.       Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:31 P.M.

 

Roll Call:  Present:  C/Cooke, C/Krawiec, C/Robilotti, C/Wojyn

                  Absent: C/Carr, C/Rucker

 

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.

 

Mayor Reynolds reads aloud Proclamation Proclaiming December as National Drunk & Drugged

Driving Prevention Month.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of November 10, 2010 was offered by C/Robilotti and seconded by C/Krawiec. 

 

Passed on the following roll call:

 

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

                     Nayes:  None

                   Abstain:  C/Cooke

                    Absent: C/Carr, C/Rucker

 

Committee Reports

 

Public Utilities

Councilwoman Krawiec reports on the following items:

·        Status on Water accounts.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke has nothing to report this evening.

 

Administration, Finance & Personnel

Councilman Wojyn reports on the following items:

·        Working alongside CFO to budget for new server and workstations for the Borough offices.

·        OPRA request has been satisfied

·        Internet & Personnel Policy discussion for December 13, 2010 meeting.

 

Public Safety

Councilwoman Robilotti reports on the following items:

·        Police Activity Report for Month of October.

·        Domestic Violence Response Team.  Further discussion for December 13, 2010 meeting.

·        Traffic Safety Memo dated November 21st. 2010 from Sgt. Cooke.  Further discussion for December 13, 2010 meeting.

 

Legislative, Insurance & Licenses

Councilwoman Carr is absent nothing is reported.

 

Public Buildings & Grounds

Councilman Rucker is absent nothing is reported.

 

Correspondence

Peter Gorbatuk, Municipal Clerk reports on the following items:

·        Ed Collins of HMFA (Housing and Mortgage Finance Agency): Live Where You Work Program” to be a speaker at the December 13th, 2010 Council Meeting.

 

Borough Administrator/CFO Report

Laurie Finger reports on the following items:

·        Budget requests are to be submitted by November 30th to the Finance Office.

 

Public Portion – Agenda Items

 

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

 

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

 

Old Business

 

BOROUGH OF ENGLISHTOWN                                                         PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-009

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.126 (WATER) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:

 

1.  Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

A.     Taps.

 

(1)   For all taps on installations from the main to the curb stop made by   the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: 

 

$2,527.00 (two thousand, five hundred and twenty-seven dollars) per E.D.U.

 

2.  Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.

                 

3.      This Ordinance shall take effect following final adoption and publication pursuant thereto.

 

Public Hearing

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

 

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

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

 

Adoption

A motion to adopt Ordinance No. 2010-09, above titled, 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/Wojyn

                 Nays:   None

             Abstain:    None

 Absent:     C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN                                                     PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2010-010

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.106 (SEWERS) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:

 

1.   Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after November 10, 2010, be charged a connection fee of $940.00 (nine hundred forty) dollars.

 

2.      All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

3.      This ordinance shall take effect upon final adoption and publication pursuant to law.

 

Public Hearing

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

 

There being no questions or comments, a motion to close the public hearing was offered by C/Robilotti and seconded by C/Krawiec. 

Passed unanimously.

 

Adoption

A motion to adopt Ordinance No. 2010-10, above titled, was offered by C/Krawiec and seconded by C/Robilotti.  Passed on the following roll call:

 

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

                 Nays:   None

             Abstain:   None

 Absent:   C/Carr, C/Rucker

 

New Business

 

BOROUGH OF ENGLISHTOWN                                                         FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-011

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING

& SUPPLEMENTING CHAPTER 2.50 OF THE BOROUGH CODE BOOK

ENTITLED “SCHEDULE OF FEES”

 

A motion to introduce the above ordinance by title only was offered by C/Robilotti and seconded by C/Cooke.  Passed unanimously.

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the December 13, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN                                                     FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-012

 

ORDINANCE ESTABLISHING LIMITS FOR SALARIES OF THE EMPLOYEES OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH, STATE OF NEW JERSEY

 

A motion to introduce the above ordinance by title only was offered by C/Robilotti and seconded by C/Krawiec.  Passed unanimously.

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the December 13, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-192

 

RESOLUTION ADOPTING AN IDENTITY THEFT POLICY

 

WHEREAS, The Fair and Accurate Credit Transactions Act of 2003, an amendment to the Fair Credit Reporting Act, required rules regarding identity theft protection to be promulgated; and

 

WHEREAS, those rules were to be effective May 1, 2009, however the FTC extended the implementation date to December 31, 2010 requiring the Borough of Englishtown to implement an identity theft program and policy, and

 

WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth, State of New Jersey has determined that the following policy is in the best interest of the Borough and its citizens.

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the Identity Theft Policy annexed here to is hereby approved:

 

This resolution will take effect immediately upon its passage, the public welfare requiring it.

 

      Offered By:      C/Robilotti

 

      Seconded By:   C/Wojyn

 

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

Nays:          None

               Abstain:          None

                Absent:         C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-193

 

RESOLUTION AUTHORIZING REFUND OF PROPERTY TAXES

DUE TO COUNTY TAX APPEAL

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported an over-payment in 2010 taxes that needs to be refunded due to a County Tax Appeal judgment, statutory interest having been waived by the taxpayer; and

 

            WHEREAS, per Tax Court Judgment Docket: 002639-2010, an overpayment in the amount of $38,115.00 on property Block 14, Lot 6 and $5,197.50 on property Block 14, Lot 18 located in the Borough of Englishtown should be refunded.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that in accordance with the request of the Tax Collector, a total refund is hereby authorized in the amount of $43,312.50 to BTR Capital Group, LLC – McKirdy & Riskin, P.A.  136 South Street, P.O. Box 2379 Morristown, N.J.  07962-2379; and

 

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

 

       Offered By:      C/Robilotti

 

       Seconded By:      C/Krawiec

 

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

    Nays:      None

                   Abstain:      None

                   Absent:      C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-194

 

AUTHORIZATION OF SERVICES OVER $800

 

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

 

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

 

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

 

Police Department – Repair of Police Vehicle #7 - $888.59

 

Services From:

Englishtown Automotive, Inc.

14 Tennent Avenue

Englishtown, N.J.  07726

 

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

 

    Offered By:      C/Robilotti

 

    Seconded By:      C/Cooke

 

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

  Nays:      None

                 Abstain:      None

                  Absent:      C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-195

 

GRANTING APPROVAL FOR TAXI LICENSE

 

            WHEREAS, Anthony Scalzo Jr. of Long Branch, N.J. has applied to the Governing Body of the Borough of Englishtown for a Taxi License to operate within the municipal boundaries of the Borough of Englishtown for the 2010 calendar year; and

 

            WHEREAS, the applicant submitted to the Borough Clerk of the Borough of Englishtown all required insurance, registration, and motor vehicle information requested pursuant to Borough of Englishtown Code, Chapter 2.117.

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that said application has been approved and the Municipal Clerk is authorized to issue Anthony Scalzo Jr. of Long Branch, N.J Taxi License No. 113 for the period November 22, 2010 through December 31, 2010, to be renewed annually.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution and Taxi License No. 113 be forwarded to Anthony Scalzo Jr., Municipal Clerk and the Borough of Englishtown Police Dept.

 

    Offered By:      C/Robilotti

 

    Seconded By:      C/Cooke

 

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

  Nays:      None

                 Abstain:      None

                  Absent:      C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-196

 

AUTHORIZING MAYOR TO SIGN

STATEMENT OF CONSENT APPLICATION

 

            WHEREAS, The Mayor and Council of the Borough of Englishtown approved Resolution No. 2010-167 entitled “Resolution of the Mayor and Council Endorsing the Treatment Works Application of the MBI for the Wood Avenue Apartment Project” at the September 22, 2010 council meeting.

 

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 Statement of Consent Application on behalf of the Borough of Englishtown.

 

    Offered By:         C/Cooke

 

    Seconded By:      C/Robilotti

 

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

                    Nays:      None

                 Abstain:      None

                  Absent:      C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-197

 

AUTHORIZING MAYOR TO SIGN CONTRACT

FOR SANFORD PARK FORESTRY SERVICES

 

            WHEREAS, at the November 10, 2010 council meeting, the governing body approved Resolution No. 2010-186, awarding a contract to Chestnut Arboricultural & Forestry Service of Old Bridge, N.J. for Sanford Park tree removal, stump grinding or stump herbicide treatment and tree pruning.

 

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 Chestnut Arboricultural & Forestry Service on behalf of the Borough of Englishtown.

 

    Offered By:      C/Robilotti

 

    Seconded By:      C/Cooke

 

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

                    Nays:      None

                 Abstain:      None

                  Absent:      C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-198

 

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 $2,000.88

are hereby authorized to be processed into purchase orders on November 22, 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/Krawiec

 

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

                  Nays:   None

              Abstain:    None

                     Absent:   C/Carr, C/Rucker

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-199

 

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 $440,181.30

                   are hereby authorized to be paid on November 22, 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/Cooke

 

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

                  Nays:   None

              Abstain:    None

               Absent:   C/Carr, C/Rucker

 

Tax Collector’s Report

October  2010

 

                                                                        2010 Taxes                                                          $405,846.61

                                                                        2011 Taxes                                                                4,452.16

                                                                        Property Redeemed (3rd party)                                 16,091.86

                                                                        Interest                                                                       1,619.09

                                                                        Duplicate Bill Fee                                                           130.00

                                                                        Net Receipts                                                         $412,047.86

 

Public Portion – Non agenda items

 

Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.

 

Paul Robilotti, Heritage Dr. resident – questions Solar Energy status. 

Mayor Reynolds responds ongoing.

 

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

 

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 potential 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/Krawiec

 

Seconded By:       C/Robilotti

 

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

                 Nays:    None

               Abstain:   None   

                Absent:   C/Carr, C/Rucker

 

The time being 7:53 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/Wojyn. Passed unanimously.

 

The time being 8:10 P.M.

 

At this time Resolution No. 2010-200 is added to tonight’s agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-200

 

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:

 

Road Dept. – Leaf Disposal - $1,000.00

 

Services From:

C.J. Sullivan Const. Co.

P.O. Box 732

9 Union Hill Road

Englishtown, N.J.  07726

 

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

 

Offered By:           C/Robilotti

                             

Seconded By:        C/Cooke

 

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

                  Nays:   None

              Abstain:   None

               Absent:   C/Carr, C/Rucker

 

Adjournment

 

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

 

The time being 8:10 P.M.

 

  

___December 13, 2010_____                                          ________________________

Approved by Governing Body                                          Municipal Clerk