* A G E N D A *
January 5, 2004
7:30 P.M.
Reorganization Meeting of the Mayor and Council of the Borough of Englishtown,
15 Main Street, Englishtown, New Jersey 07726.
1. Meeting Called to Order
2. Oath of Office
Tom Reynolds Mayor 4 Year Term
Rudolph Rucker Council 3 Year Term
Anna Palmieri Council 3 Year Term
3. Roll Call
4. Statement of Compliance with Sunshine Law
5. Moment of Silence and Salute to the Flag.
6. 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.
7. Reorganization Resolutions:
A. Nominations for Council President
B. Mayor's Appointments
Council Committee Appointments
Unified Planning/Zoning Board
Class II Official Richard Hogan 1 Year Term 12/31/04
Class IV Public John Yonus 4 Year Term 12/31/07
Alternate No. 1 Cindy Robilotti 2 Year Term 12/31/05
C. Resolution Number 2004-01 Designating Meeting Dates
Resolution Number 2004-02 Designating Official Newspapers
Resolution Number 2004-03 Establishing Council Salaries
Resolution Number 2004-04 Committee Assignments
Resolution Number 2004-05 Designating Depositories
Resolution Number 2004-06 Prompt Payment of Taxes & Interest Rates
Resolution Number 2004-07 Municipal Appointment
Resolution Number 2004-08 Appointment of Borough Engineer
Resolution Number 2004-09 Appointment of Attorney
Resolution Number 2004-10 Appointment of Bond Counsel
Resolution Number 2004-11 Appointment of Prosecutor
Resolution Number 2004-12 Appointment of Cross-Acceptance
Representative and Alternate
Resolution Number 2004-13 Appointment of Local Compliance
Officer And Affirmative Action
Resolution Number 2004-14 Appointment of Recycling Coordinator
Resolution Number 2004-15 Authorizing Filing of Recycling Tonnage Grant
Resolution Number 2004-16 Appointment CD Citizens Representative
Resolution Number 2004-17 Appointment of Co-Prosecutor
Resolution Number 2004-18 Appointment Historical Committee
Resolution Number 2004-19 Appointment Class III Member Unified
Planning/Zoning Board
Resolution Number 2004-20 Appointment of Recreation Committee
Resolution Number 2004-21 Appointment of Borough Auditor
Resolution Number 2004-22 Authorizing Interlocal Agreement With
Various Municipalities to Provide Animal
Control Services
Resolution Number 2004-23 Fire Official Fines Fund
Resolution Number 2004-24 Sanitary Landfill Trust Fund
Resolution Number 2004-25 Elevator Inspection Fund
Resolution Number 2004-26 Builders Contribution Trust Fund
Resolution Number 2004-27 Inspection Trust Fund
Resolution Number 2004-28 Performance Bond Trust Fund
Resolution Number 2004-29 Review Escrow Trust Fund
Resolution Number 2004-30 Landfill Escrow Trust Fund
Resolution Number 2004-31 Englishtown Special Events Fund
Resolution Number 2004-32 2004 Temporary Operating Budget
Resolution Number 2004-33 Debt Service Budget
Resolution Number 2004-34 Payment of Borough Bills (Payroll of 12/24/03 only)
8. 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 implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.
9. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Absent: None
Also present were Julie Martin, Municipal Clerk, Theresa Feinberg, Deputy Municipal Clerk, and John O. Bennett, Borough Attorney.
Mayor Reynolds administered the Oath to Council Members Rudolph Rucker and Anna Palmieri.
Julie Martin stated Mayor Reynolds was administered the Oath of Office earlier in the day.
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 Home News 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.
Open Public Portion/Limited to Agenda Items Only
Mayor Reynolds opened the floor to the public limited to tonight’s agenda items.
There being no questions or comments, a motion to close the public portion was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The Council President serves as a Deputy Mayor and has all the powers and duties of the Mayor.
Mayor Reynolds requested nominations for Council President at which time Harry Soden was nominated by C/D’Agostino and seconded by C/Simon. There were no further nominations. A motion to appoint Harry Soden as Council President was passed on the following roll call:
Roll Call: Ayes: C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nayes: None
Abstain: C/Soden
Absent: None
Mayor Reynolds congratulated Council President Harry Soden.
Mayor’s Appointments
Public Safety: C/Soden, Chairperson; C/Simon, Co-Chairperson
Public Utilities: C/D’Agostino, Chairperson; C/Soden, Co-Chairperson
Public Health, Welfare
And Public Events: C/Palmieri, Chairperson; C/Rucker, Co-Chairperson
Administration, Finance
And Personnel: C/Gallagher, Chairperson; C/D’Agostino, Co-Chairperson
Legislative, Insurance
And Licenses: C/Simon, Chairperson; C/Palmieri, Co-Chairperson
Public Buildings
And Grounds: C/Rucker Chairperson; C/Gallagher, Co-Chairperson
Mayor Reynolds advised the following appointments for the Unified Planning and Zoning Board:
Class II Official Richard Hogan 1 Year Term 12/31/04
Class IV Public John Yonus 4 Year Term 12/31/07
Alternate No. 1 Cindy Robilotti 2 Year Term 12/31/05
Resolutions 2004-01 through 2004-18 were done under Consent Agenda.
Be It Resolved by the Council of the Borough of Englishtown that the following meetings will be held in the Englishtown Municipal Building, 15 Main Street, Englishtown, New Jersey for the year 2004:
January 5, 14, 28 July 14, 28
February 11, 25 August 11, 25
March 10, 24 September 8, 22
April 14, 28 October 13, 27
May 12, 26 November 10, 22
June 9, 23 December 13
Be It Further Resolved that the above meetings will be called to order at 7:30 P.M.
That a copy of this Resolution will be posted by the Clerk on the public bulletin board in the Municipal office and maintained there throughout the year; and
That a copy of this Resolution be kept on file for the public's inspection with the Borough Clerk; and
That a copy of this Resolution be forwarded to the Newspapers designated by the Governing Body as the newspapers to receive said notices.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-02
Be It Resolved By the Council of the Borough of Englishtown that the Asbury Park Press and the Home News official newspapers of the Borough of Englishtown for the year 2004.
Be It Further Resolved that the News Transcript also be notified of any Borough meetings or events in an attempt to inform our residents of Borough activities, though the title of the official newspaper will not apply to this weekly publication.
Offered By C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Borough of Englishtown
Resolution No. 2004-03
Whereas, The Mayor And Council wishes to maintain a high level of attendance by members of the Governing Body at Council meetings; and
Whereas, the Mayor and Council of the Borough of Englishtown has been assigned certain responsibilities upon their swearing into office; and
Whereas, the Mayor and Council of the Borough of Englishtown receive certain compensation, for fulfilling their obligations.
Now, Therefore, Be It Resolved by the Mayor And Council of the Borough of Englishtown that any member of the Governing Body that misses four (4) meetings semi-annually without being excused by the majority of council shall have twenty-five percent (25%) of their semi-annual salary withheld; and
Be It Further Resolved that in the event that any such member misses two (2) additional meetings semi-annually without being excused by the majority of council they shall have an additional fifty percent (50%) of their salary withheld.
Be It Further Resolved as provided for under the Municipal Vacancy Law, that any member of the Governing Body failing to attend and participate in any meeting of the body for a period of eight (8) consecutive weeks, without being excused from attendance by a majority of the member body, shall subject him/her to vacancy.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-04
Whereas, the business and affairs of the Borough of Englishtown may properly be classified and divided into six groups:
1. Administration, Finance and Personnel Committee
2. Public Safety Committee
3. Public Buildings and Grounds Committee
4. Public Utilities Committee
5. Legislative, Insurance and Licenses Committee
6. Public Health, Welfare and Public Events Committee
Be it further resolved, that the standing committees are appointed to expedite and facilitate the work of Council, but only within statutory limits as the entire Council is held responsible for any or all of its acts performed within the scope of authority.
Be it further resolved, that the administration, finance and personnel committee shall have primary responsibility for the following described activities and matters:
1. The examination, review, and approval of all vouchers prior to their
submission to the Council for authority to pay same.
2. The administration, practices, procedures, and records as established
by Council of the following:
a. The administrator/clerk and his/her office
b. The treasurer and his/her clerk
c. The tax collector and his/her office
d. The water and sewer clerk and his/her office
e. The court administrator and his/her office
3. The coordination of departmental budgets, the preparation of budgetary figures relative to the activities above-mentioned. The final preparation, explanation, and continuing supervision of the entire municipal budget.
4. The maintenance, review, and revision of the Borough cost system and balance of appropriations.
5. Primary responsibility for the recruitment and recommendation of personnel for position within the Borough Municipal Government and review of Borough personnel policy manual as needed.
6. The review of maintenance, inventory, and security procedures for equipment for equipment and
records of the Borough Offices.
7. It shall also serve as the liaison between the Council and the Municipal Auditor, and with any other body or organization on fiscal matters.
Be it further resolved the administration, practices, procedures, and records as established by Council of the following:
1. Supervision and direction of police department.
2. Highway and street traffic and all parking matters.
3. Investigation and inspection of persons and premises prior to granting licenses, as directed by Council.
4. Inform proper committee chairperson of all hazardous, unsafe and unhealthy conditions in the Borough.
5. The review of maintenance, inventory, and security procedures.
6. Shall coordinate emergency management plan for the Borough.
7. Shall act as liaison to the fire and first aid units serving the Borough of Englishtown.
8. It shall also serve as liaison between Council and other forms of law and public safety organizations.
Be it further resolved, the administration, practices, procedures, and records as established by Council of the following:
1. Maintenance and use of all municipal owned building and equipment used to maintain same.
2. Control inventory of all Borough equipment and supplies relevant to maintenance of Borough property.
3. Maintenance of Borough fire alarm system (with recommendation of public safety committee).
4. Park maintenance.
5. Maintenance and cleaning of public grounds, roads, streets, curbs, and gutters of snow and litter, and cutting of grass and weeds and litter removal.
6. Erection of signs and street painting as designated by Council.
7. Maintenance, cleaning and improvements of off street parking areas.
8. Street and road construction and improvements.
9. Proper maintenance, inventory, and security of department equipment.
10. Primary supervision of Borough maintenance personnel.
11. It shall also serve as the liaison between the Council and State and County highway department, except in traffic matters which are under the jurisdiction of public safety committee.
Be It Further Resolved, that there shall be assigned to the public utilities and services committee the following described activities:
1. The administration, practices, procedures, and records established by
Council of the following:
a. Water Department
b. Sewer Department
c. Garbage, refuse, and recycling activities
2. It shall also serve as the liaison between Council and the various utility organizations operating within the Borough, such as electric, telephone, transportation, natural gas and cable TV.
Be It Further Resolved, that there shall be assigned to the legislative, insurance and licenses committee the following described activities:
1. The examination, review and investigation of any and all legislation effecting the Borough and to make recommendations to Council and act as a liaison between Council and the State Legislature, County Freeholders, and the Federal Government.
2. The examination, review and approval of all licenses prior to submission to Council.
3. The review, revision, and all other matters pertaining to any insurance coverage of the Borough.
Be It Further Resolved, that there shall be assigned to the public health, welfare and public events committee the following described activities:
1. The administration, practices, procedures and records as established by Council of the following:
a. Code enforcement officer in matters related to health
b. Animal control activities
2. It shall also serve as liaison between the Council and the Board of Health and other organizations or agencies concerned with public health and/or welfare.
3. Responsible for scheduling and organization of public events, recreation and public park usage.
Be It Further Resolved, that the entire membership of this Borough Council shall be constituted as an auditing committee and audit all vouchers for payment of money and that all vouchers much be submitted to the chairperson of the Committee for which the said voucher has been rendered for his/her approval or disapproval before coming to full Council for payment.
Be It Further Resolved, that all purchase orders in the amount of $50.00 or more be signed by the appropriate Chairperson, prior to processing.
Be It Further Resolved, the committees shall meet when requested by the Chairperson, Mayor, or at request of Council, and that all members thereof shall participate actively in the committee deliberations, performance of duties and the formulation of its recommendation to Council.
Be It Further Resolved, the Chairperson of each standing committee shall prepare a report for the Mayor and Council at the first meeting of each month on principal activities and achievements of his/her committee.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-05
Whereas, under the New Jersey statutes, the Governing Body shall by Resolution designate the depository or depositories wherein all public monies and other funds of the Municipality shall be kept; and
Whereas, all public officials charged with the custody of such funds shall thereafter deposit such funds only in the depository or depositories approved by the State of New Jersey under the Governmental Unit Deposit Protection Act (GUDPA); and
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that any and all New Jersey banks that have Governmental Unit Deposit Protection Act approval are hereby approved and designated as depositories for all Borough funds, including State of New Jersey Cash Management Fund.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-06
Prompt Payment of Taxes And Interest Rates
Whereas, the Mayor and Council of the Borough of Englishtown deem it desirable to encourage prompt payment of all taxes and assessments, in order to permit sound fiscal planning; and
Whereas, Real Estate Taxes are payable on February 1st, May 1st, August 1st and November 1st of each year, and other statements assessing said charges; and
Whereas, N.J.S.A. 54:67 provides for the fixing rates of interest on delinquent taxes; and
Whereas, N.J.S.A. 54:67 has been amended to allow for additional penalty of six percent (6%) to be collected against a delinquency in excess of ten thousand dollars ($10,000) on properties that fail to pay the delinquency prior to the end of the calendar year.
Now, Therefore, Be It Resolved that all taxes and assessments are and shall be due on the date stated and, if not paid by said date same shall become delinquent.
Be It Further Resolved, that the rate of interest to be charged for non-payment of taxes or assessments on or before the date when the same would be come delinquent is eight percent (8%) per annum provided, however, no interest shall be charged if payment is made within ten (10) days after the date upon which the same became payable, and the interest for non-payment of taxes in excess of $1,500.00 shall be eighteen percent (18%); and, if a delinquency is in excess of ten thousand dollars ($10,000.00) and remains in arrears beyond December 31st of the tax year an additional penalty of six percent (6%) shall be charged against the delinquency.
Be It Further Resolved that a copy of this Resolution be forwarded to the Collector of Taxes of the Borough of Englishtown.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-07
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown that the following appointments are hereby confirmed for the year 2004:
Official Assessment Search Officer Julie Martin
ADA Coordinator Julie Martin
Deputy Municipal Clerk Theresa Feinberg
Court Administrator Patricia Wojnas
Deputy Court Administrator Daniella Trancho
Clerk Typist/Court Rhoda Overgard
Water/Sewer Clerk Regina Frangipane
Clerk Typist/Administration Lynn Tillman
Planning Board Secretary Heather Dettra
Assistant Comptroller Janet Halasz
Water/Sewer Superintendent James Mastrokalos
Borough Physician Dr. Kenneth Faistl
Public Defender Leonard Fellen
Public Works Manager Richard Guffanti
Full-Time Public Works Employee Kurt Knapp
Robert Rosche-Ebbe
Wayne Krawiec
Clean Communities Representative Julie Martin
Official Office Volunteer Catherine Williams
Construction Secretary Bette Lasker
Director of Code Enforcement Richard Hogan
Construction Official
Fire Sub Code Official
Building Sub-Code Inspector John Marini
Housing Inspector
Plumbing Inspector Eugene Ferry
Electrical Inspector Victor Timpanaro
Fire Official/Inspector Edward M. Miller III
Code Enforcement Officer Edward M. Miller III
Asst. Fire Inspector Ralph Kirkland
Asst. Code Enforcement Officer
Zoning Officer
Be It Further Resolved that said appointments shall be in accordance with any existing laws or policies regulating said office.
Be It Further Resolved that the salary for each employee shall be at the rate as set forth by the salary Ordinance as adopted by the Governing Body.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon,
C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Whereas, the Mayor and Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Engineer to perform Engineering Services as may be required by Council; and
Whereas, The Local Public Contract Law (N.J.S.A. 40:11-1-Et Seq) requires that the Resolution authorizing the appointment of an Engineer, for "Professional Service" without competitive bids must be publicly advertised;
Whereas, by the Mayor and Council of the Borough of Englishtown as follows:
1. Thomas Herits, P.E., P.P., P.L.S. firm of Maser Consulting be appointed as the Borough Engineer for the Borough of Englishtown for a term of one year terminating December 31, 2004, subject to contract approval.
2. The said party appointed above during the term of their appointment shall provide such Engineering Services as may be required by the Borough Council under and pursuant to law and shall submit vouchers for payment in a timely manner as well as project outlines, cost estimates and any other relevant material prior to submitting a work proposal to Borough Council.
3. The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of
Englishtown in accordance with the Local Public Contracts Law.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-09
Whereas, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Attorney to advise the Council of legal matters; and
Whereas, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of an Attorney for "Professional Services" without competitive bids must be publicly advertised:
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:
1. John O. Bennett III of Dilworth Paxson LLP be appointed as the Borough Attorney for the term of one year terminating December 31, 2004, subject to contract approval.
2. The said party be appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.
3. The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-10
Whereas, The Council of The Borough of Englishtown is knowledgeable that there is a need for the appointment of a Bond Counsel to advise the council of legal matter; and
Whereas, the Local Public Contract (N.J.S.A. 40:11-1-et Seq.) requires that the Resolution authorizing the appointment of a Bond Counsel for "Professional Services" without competitive bids must be publicly advertised;
Now, Therefore, Be It Resolved by the Council of the Borough of Englishtown as follows:
1. Dilworth Paxson LLP be appointed as the Borough Bond Counsel for the term of one year terminating December 31, 2004, subject to contract approval.
2. The said party appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.
3. The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-11
Whereas, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of a Prosecutor for the Municipal Court; and
Whereas, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of a Prosecutor for "Professional Services" without competitive bids must be publicly advertised:
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown as follows:
1. Scott Basen is appointed Prosecutor for the Municipal Court of the Borough Of Englishtown for a term of one (1) year terminating December 31, 2004, subject to contract approval.
2. The said party be appointed above during the term of their appointment shall provide such legal services as may be required by the Borough Council under and pursuant to law.
3. That notice of this appointment Resolution, certified to be true copy by the Clerk shall be published in an official newspaper of the Borough as required by law, within ten (10) days of the adoption, and forwarded to the appointee and the Borough's Chief Financial Officer.
Offered By: C/Soden
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-12
Now, Therefore, Be It Resolved that the following named person is hereby appointed as Cross Acceptance representative for The Borough of Englishtown
Representative-James Dorn
Alternate-Thomas Herits
Be It Further Resolved that said person shall serve in the capacities indicated effective immediately and terminating December 31, 2004; and
Be It Further Resolved that James Dorn and Thomas Herits shall serve without benefit or remuneration.
Offered By: C/Soden
Seconded By: C/D’Agostino