** AGENDA **

 

October 27, 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.         Approval of Minutes - October 13, 2010

 

5.         Committee Reports

 

6.         Correspondence

 

            7.         Borough Administrator/CFO Report

 

            8.         Borough Engineer’s Monthly Report – October 2010

 

            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.              New Business:

 

A.                 Resolution No. 2010-176

Implementing the Proper Destruction of Audio Meeting Tapes Set Forth By D.A.R.M.

 

B.         Resolution No. 2010-177

Authorizing Reimbursement Over $800 to Fire District for

            Material & Handouts for Children during Fire Safety Education Week

 

C.                 Resolution No. 2010-178

Authorizing Refund of Property Taxes Due to County Tax Appeal

 

                        D.         Resolution No. 2010-179

Authorizing Redemption of Tax Sale Certificate

 

E.         Resolution No. 2010-180

            Authorization of Services Over $800

            Water Treatment Plant – Filter Cleaning

 

F.         Resolution No. 2010-181

Authorizing Approval of Department Requisitions

 

                        G.         Resolution No. 2010-182

Authorizing Payment of Borough Bills

           

11.            Tax Collector’s Report -   September 2010

                       

12.       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.

           

            13.        Executive Session

 

            14.       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.

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of October 13, 2010 was offered by C/Robilotti and seconded by C/Rucker. 

 

C/Carr states that the minutes do not properly reflect what was stated in the discussion item, Municipal Clerk – Retention Schedule and Nostalgia Oak Warehouse and would like the minutes amended.

 

At this time a motion to table the approval of the October 13, 2010 minutes so they can be amended was offered by C/Carr and seconded by C/Cooke.  Passed on the following roll call:

 

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

                  Nays:   None

                Absent:   None   

               Abstain:   None

 

At this time a motion to amend the minutes of the section that C/Carr sited, to be translated into a verbatim transcription of the Record Retention discussion, to be inserted into the minutes was offered by C/Carr.  There was no second; therefore motion died due to lack of a second motion to have a verbatim transcription of the Record Retention discussion inserted into the minutes. 

 

Attorney Youssouf suggests the Clerk carefully go back and reexamine the section to correctly reflect the position of the council members that evening.

 

Mayor Reynolds questions council, regarding the minutes; going forward will the minutes be paraphrased or only state action taken?

 

C/Krawiec would like to see the minutes reflect an accurate summary of what happened but not verbatim. 

 

C/Cooke states she does not agree with verbatim.

 

C/Wojyn states no verbatim.

 

C/Carr makes another motion to have a verbatim transcription insertion of the Record Retention discussion from the October 13, 2010 council meeting.  There was no second; therefore motion died due to lack of a second motion.

 

Attorney Youssouf states it is the affirmative obligation of the Clerk to review the fact that the minutes have not been approved and to amend the minutes to accurately reflect the information that has been brought up this evening and resubmit them to Mayor and Council for approval. 

 

Committee Reports

 

Public Utilities

Councilwoman Krawiec reports: 

·        Hydrant flushing on October 20th.  Some reports of odor and discolored water, which was resolved with the flushing.

·        Meter and remote installations on new construction on LaSatta Avenue and a broken remote installation and calibration on Park Avenue.

·        Delivered 54 water shut off notices on 10/21of which 30 accounts have been paid, leaving 24 delinquents to date.

·        DPW performed water/sewer mark outs and maintained the water plant while W/S Superintendent was on vacation from 10/6 – 10/10.

 

C/Robilotti states that Brandywine Assisted Living Facility requests at least 24 hour notice prior to the next hydrant flushing because it puts a hardship on the facility.

 

B/A Finger will notify W/S Clerk of Brandywine’s request.

 

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports: 

·        Halloween Party scheduled for October 30th at the Firehouse from 6-8 p.m.

 

Administration, Finance & Personnel

Councilman Wojyn reports:

·        Direct install program audit has been completed and a pre-inspection by NJ Clean Energy was performed on 10/15/10 and we are moving ahead with $50,000 of equipment replacement.

·        Notification received from Monmouth County that the Borough is the recipient of a grant in the amount of $12,000.00 for 1,001 recycling containers with lids at no cost to the Borough.

·        Update on 2011 pension costs: PERS increase of $12,010.00 and PFRS increase of $24,831.00

·        B/A Finger attended DCA Budget Workshop on 10/22/10 and learned that if the 2011 municipal budget is over 2% tax levy CAP we can no longer apply for a CAP waiver from the Local Finance Board, this means we would have to do a referendum and receive 50% + 1 voting in the affirmation in order to pass.

·        2011 Budget process underway; department request forms to be distributed 1st week in November.

·        Attended and completed CEU requirements for our Shade Tree Program so the Borough can continue with its restoration program.

·        Solar Panel Request for Proposals complete; there were no RFP’s submitted.

·        Bids received for reconstruction of Victory, Lakeside, Weamaconk and Terrace Drive; bids currently being reviewed by Borough Engineer and Borough Attorney.

 

Public Safety

Councilwoman Robilotti reports: 

·        Police Report consisted of the following:  148 Dispatched Incidents, 75 Incident Reports, 28 Arrest Reports, 1 Citizen Complaint, 3 Disorderly Persons Complaints, 5 Borough Ordinance Violations, 8 Motor Vehicle Collision Reports, 362 Motor Vehicle Stops, 334 Motor Vehicle Summons Issued, 13 Motor Vehicle Impounds.  

·        Contacted by the NJ Division of Criminal Justice that the Borough has been awarded $1,130.78 under the State FY 2010 Body Armor Replacement Fund Program.

·        On 10/22/10 C/Cooke and I attended the Government Efficiencies and Best Practices Forum, very interesting and enlightening.  Also discussed the 2% CAP and referendum.

·        Attended the Disaster Drill on 10/23 at MEMS by our First Aid Squad.  Very interesting to see our cadets in action.

C/Wojyn requests status on the Water Street traffic light.  States on Saturday at 1p.m. there was a 54 car back up.  Clerk states he’s been in contact with the County regarding this problem.

 

Legislative, Insurance & Licenses

Councilwoman Carr reports: 

·        Attended open enrollment health insurance meeting with the employees, Cindy from Danskin, B/A Finger and C/Robilotti.  Basically everything stayed the same.  Dependant coverage is now until the age of 26.  Under Cobra even if your cobra runs out in 15 months, your child is still eligible for that health plan until the age of 31 as your dependant.  Quite a bit of money in their fund.  We need to request some of that money come back to the town.  Won’t help us in this year’s budget but maybe next.

·        Re: Live where you work program – sent Mayor, Clerk and Attorney the program brochure.  Discusses some program incentives. 

·        An OPRA request has been made today from Mr. Napoli to buy copies of taped minutes, at which point he will be donating them to the library.

·        Re: Solar Panels - Nick Campanella wanted to be a part of the RFP writing process but was never contacted by Borough Professionals.  He feels the way the RFP was drafted by the Engineer the Borough wouldn’t receive any response.

Mayor Reynolds states you can’t have a potential vendor give their input on an RFP.

Per C/Carr he was never to be a potential vendor.  Discussion with Mayor, Council and Attorney Youssouf regarding the solar panel RFP continues.

 

Public Buildings & Grounds

Councilman Rucker reports: 

·        Leaf pick up began on Monday

·        Thanks B/A Finger, Peter Gorbatuk, Clerk and Rick Guffanti, DPW Supervisor, especially B/A Finger for being the lead person in getting the grant for the recycling containers.

 

Correspondence

Peter Gorbatuk, Municipal Clerk states: 

·        General Election November 2, 2010 Polls open 6:00 a.m. Close 8:00 pm

·        Flu Clinic November 9, 2010 from 2 – 3 p.m.

 

Borough Administrator/CFO Report

Laurie Finger states C/Wojyn covered her item topics in his committee report.

 

Mayor Reynolds reads aloud Borough Engineer’s Monthly Report for October – Walgreen’s was approved for the old Exxon site.

 

Public Portion – Agenda Items

 

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

 

Barbara Kuchinski, Hamilton St. resident – questions & comments on Resolution No. 2010-176

Christine Robbins, Deputy Clerk – addressed questions

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

 

New Business

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-176

 

IMPLEMENTING THE PROPER DESTRUCTION

OF AUDIO MEETING TAPES SET FORTH BY DARM

 

WHEREAS, at the October 13, 2010 council meeting, the Municipal Clerk brought to the attention of the Mayor and Council that the proper disposition of audio tapes of council meetings is not being followed; and

 

WHEREAS, the record retention policy set forth by the State of New Jersey Division of Archives and Records Management (DARM), Record Series 0511-0000 states, “the recordings of public meetings shall be erased after 80 days or when transcript has been approved, whichever occurs later”; and

 

WHEREAS, the approved meeting minutes serve as the official transcript of council meetings and are a permanent record of the Borough of Englishtown, which are on file in the Clerk’s office and available for public review at anytime.

 

NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the audio tapes of council meetings shall be erased after 80 days or when transcript has been approved, whichever occurs later per the Record Retention and Disposition Schedule set forth by DARM.

 

Offered By:                  C/Rucker

 

Seconded By:               C/Cooke

 

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. 2010-177

 

AUTHORIZATION OF REIMBURSEMENT 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:

 

Fire Prevention Material & Handouts to Children during Fire Safety Education Week - $1,671.00

 

Reimbursement To:

Englishtown Fire District

3 South Main Street

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/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. 2010-178

 

RESOLUTION AUTHORIZING REFUND OF PROPERTY TAXES

DUE TO COUNTY TAX APPEAL

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported an over-payment in 2009 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: 000319-2009, an overpayment in the amount of $23,918.40 on property Block 14, Lot 6 and $3,261.60 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 $27,180.00 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/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. 2010-179

 

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 US Bank-Cust/SASS Muni V dtr  2 Liberty Place  50 South 16th Street  Suite 1950  Philadelphia, PA  19102:

 

Tax Sale Certificate Number 08-00004

Block 25, Lot 7

15 Water Street  

in the amount of $16,091.86

 

            WHEREAS, the above-mentioned certificate has been paid and US Bank-Cust/SASS Muni V dtr is entitled to a redemption amount of $16,091.86.

 

            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 $16,091.86 to US Bank-Cust/SASS Muni V dtr  2 Liberty Place  50 South 16th Street  Suite 1950  Philadelphia, PA  19102:

 

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

 

B/A Finger requests per the tax collector to table this resolution until the next council meeting.

 

A motion to table Resolution No. 2010-179 to the November 10, 2010 council meeting is offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

           

 BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-180

 

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 Treatment Plant Filter Cleaning - $2,395.00

Services From:

A.C. Schultes Inc.

664 South Evergreen Avenue

Woodbury, N.J.  08096

 

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

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

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

                 Nays:               None

             Abstain:               None

              Absent:               None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-181

 

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 $10,156.37

are hereby authorized to be processed into purchase orders on October 27, 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

 

C/Carr questions mile reimbursement to the bank and asks if we can move the account across the street to save that money.  B/A Finger responds Amboy Bank gives the Court a credit card machine at no cost to the municipality.

 

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. 2010-182

 

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 $569,639.09

                   are hereby authorized to be paid on October 27, 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

 

C/Carr questions Borough Engineer fee of $120.00 to prepare monthly report.  B/A Finger responds that is his hourly fee with a one-hour minimum.  Consensus of council to only have Borough Engineer prepare report if there are new items or updates. 

 

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

September  2010

 

                                                                        2010 Taxes                                                           $45,971.69

                                                                        2011 Taxes                                                                      7.31

                                                                        Interest                                                                         420.66

                                                                        Duplicate Bill Fee                                                              5.00

                                                                        Net Receipts                                                        $46,404.66

 

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.

 

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

 

Executive Session

 

There is no executive session this evening.

 

Adjournment

 

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

 

The time being 9:16 P.M.

 

 

 

November 10, 2010                                                         ________________________

Approved by Governing Body                                          Municipal Clerk