AMENDED
* A G E N D A *
January 28, 2004
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 - December 15, 2003
5. Committee Reports
6. Correspondence
7. 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.
8. New Business
A. Ordinance Number 2004-01
2004 “Cap” Ordinance
C. Resolution Number 2004-37
D. Resolution Number 2004-38
E. Resolution Number 2004-39
Amendment Appointment of Part-time Clerk/Typist-Court
F. Resolution Number 2004-40
G. Resolution Number 2004-41
H. Resolution Number 2004-42
I. Resolution Number 2004-43
J. Resolution Number 2004-44
Authorizing Amendment in Existing Personnel Policy-Mileage Reimbursement & Tax Deferred Retirement Plan
K. Resolution Number 2004-45
L. Resolution Number 2004-46
9. Tax Collector’s Report - December 2003
10. 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.
11. Executive Session
12. Adjournment
The meeting was called to order by Mayor Reynolds at 7:32 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 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.
There being no corrections, deletions, or additions, a motion to approve the Minutes of December 15, 2003 was offered by C/Rucker, seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino
Nayes: None
Abstain: C/Palmieri
Absent: None
Committee Reports
C/Rucker stated during the winter season to date, we have 60.3 over-time man-hours and 70 tons of de-icing materials. We have never used 70 tons of de-icing material. We usually budget for approximately 15 tons. I feel the guys from DPW did a terrific job so far this year.
C/Palmieri stated the Recreation Committee has scheduled a Valentine Craft day for February 7th at 12 p.m. here at Borough Hall.
C/Gallagher stated a few changes are being addressed in the Personnel Policy. Resolution #2004-44 addresses the mileage rate and will be amended to the IRS prevailing rate for reimbursement. Also on this resolution, a change to the tax deferred retirement plan will be amended to include all employees, not just full time employees. Resolution #2004-39 is an amendment for the part-time Court Clerk to increase her hours from 20 to 25 hours per week.
C/Soden stated nothing at this time.
C/D’Agostino stated water bills were mailed out on January 15th. We also sent out 56 delinquent notices in hopes of reducing the debt owed to the Borough.
C/Simon stated nothing at this time.
Correspondence
Julie Martin stated a check was deposited but later it was found that the property was not in Englishtown.
There being no further questions or comments from the public, a motion to close the public portion was offered by C/Soden, seconded by C/Simon. Passed unanimously.
ORDINANCE NO. 2004-01 First Reading and Introduction
2004 “Cap” Ordinance To Exceed Index Rate;
Index Rate Less Than 5% Limitation For
The Year 2004 (N.J.S. 40A:4-45.14)
Whereas, the Local Government Cap Law, N.J.S. 40A:4-45.1 Et seq., provides that in the preparation of its annual budget, a Municipality shall limit any increase in said budget to 5% or the index rate, whichever is less, over the previous year's final appropriations, subject to certain exceptions; and
Whereas, P.L. 1986, c.203 amended the Local Government Cap Law, to provide that a municipality may, in any year in which the index rate is less than 5%, increase its final appropriations by a percentage rate greater than the index rate but not to exceed the 5% rate as defined in the Amendatory Law, when authorized by Ordinance; and
Whereas, the index rate for 2004 has been certified by the director of the Division Of Local Government Services in the Department Of Community Affairs as 2.5%; and
Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth finds it advisable and necessary to increase its 2004 budget by more than 2.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
Whereas, the Governing Body hereby determines that a 5% increase in the budget for said year, amounting to $50,671.15 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary.
Now, Therefore, Be It Ordained, by the Governing Body of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this Governing Body affirmatively concurring, that, in the 2004 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this Ordinance and P.L. 1986, c.203, be increased by 5.0%, amounting to $50,671.15, and that the 2004 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this Ordinance; and
Be It Further Ordained, that a certified copy of this Ordinance as introduced be filed with the director of the Division of Local Government Services within five (5) days of introduction; and
Be It Further Ordained that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said director within five (5) days after such adoption.
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
A motion to introduce the above titled ordinance was offered by C/Simon, seconded by C/D’Agostino. Passed unanimously.
Public Hearing and Adoption will be held at the next council meeting on February 11, 2004 for the above title Ordinance.
Borough of Englishtown
Resolution No. 2004-36
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 Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109:
Tax Sale Certificate Number 02-7 on Block 13, Lot 8.03
in the amount of $7,784.57 plus refund premium paid at tax sale of $500.00.
Whereas, the above mentioned certificate has been paid and Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109 is entitled to a refund of $8,284.00.
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 $8,284.00 to Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109.
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/Rucker
Seconded by: C/Simon
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. 2004-37
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 Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109:
Tax Sale Certificate Number 02-6 on Block 13, Lot 8.01
In the amount of $11,406.06.
Whereas, the above mentioned certificate has been paid and Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109 is entitled to a refund of $11,406.06.
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 $11,406.06 to Wachovia Bank, NA MD SASS/FUNB, Attn: Tax Lien Services Group, 123 South Broad Street PA 1328S, Philadelphia, PA 19109.
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/Simon
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 Number 2004-38
Erroneous Property
Whereas, the Borough of Englishtown Tax Collector has reported an erroneous payment of $2,605.71 on property that is not in the Borough of Englishtown and 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, authorizes $2,605.71 to be refunded to Wells Fargo Real Estate Tax Services, LLC, One Home Campus, MAC X2509-02C, Des Moines, IA 50328-001, Attn: Bill Cook, Advance Recovery Unit, as they paid taxes on property not in the Borough of Englishtown; and
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/D’Agostino
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
Borough of Englishtown
Resolution No. 2004-39
Appointment of Part-Time Clerk/Typist - Court
Whereas, there is a need for a part-time Clerk/Typist for the Court; and
Whereas, it is the recommendation of the Court Administrator to appoint Rhoda Overgard, Englishtown, NJ for this purpose.
Now, Therefore Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Rhoda Overgard be appointed Part-Time Clerk/Typist for the Court as follows:
1. Appointment shall be effective October 23, 2003, with a ninety (90) day
probationary period.
2. Part-time, 25 hours per week.
3. Shall be paid $9.00 an hour, bi-weekly, per the salary ordinance.
4. Shall be subject to satisfactory fingerprint and background checks.
5. Shall be under the direction of the Court Administrator.
6. That this resolution supercedes Resolution Number 2003-176, previously adopted October 22, 2003.
Be It Further Resolved that a certified true copy of this resolution be forwarded to Rhoda Overgard, the Court Administrator and the Borough Chief Financial Officer.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Borough of Englishtown
Resolution No. 2004-40
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:
25 Tons of Salt & Calcium Mix $1,485.00
Purchased From:
PO Box 8427
Trenton, NJ 08650
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/Rucker
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino,
C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-41
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:
Emergency Repairs to Water Main on Main Street $3,581.36
Purchased From:
Brenner Drainage & Excavating, Inc.
205 Dey Grove Road
Englishtown, NJ 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/D’Agostino
Seconded By: C/Simon
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. 2004-42
Appropriation Reserve Transfer
Whereas, N.J.S.A. 40A: 59 provides for appropriation transfers during the first three months of any fiscal year when the amount of any appropriation reserve for the immediately preceding fiscal year is insufficient to pay the claims authorized or incurred during said preceding year which were chargeable to said appropriation, and there is excess in any appropriation reserves over and above the amount deemed to be necessary to fulfill its purpose of such appropriation.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $500.00 be made in the 2003 budget as attached.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino
Nays: None
Absent: None
Abstain: C/Palmieri
Resolution No. 2004-43
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 $825,338.93 be and
the same are hereby authorized to be paid on January 28, 2004.
2. The Borough Clerk be and 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/D’Agostino
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: C/Gallagher
Borough of Englishtown
Resolution No. 2004-44
Resolution Authorizing Amendment in Existing Personnel Policy
Whereas, a Policy Manual for the Borough of Englishtown employees adopted on May 23, 2001 is in place; and
Whereas, the Administration, Finance and Personnel Committee has recommended an amendment to said Policy; and
Whereas, it is necessary for the Mayor and Council of the Borough of Englishtown to approve said amendment.
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 Policy Manual is hereby amended as follows:
Item 5.S Reimbursement for Expenses
Mileage will be reimbursed at the current annual
I.R.S. prevailing rate.
Item 10.G Tax Deferred Retirement Plan
Paragraph 1. Should be amended to read:
“The Borough of Englishtown offers ALL employees
the option to voluntarily participate in a tax-deferred
retirement plan …”
Paragraph 2. Should be amended to read:
“… and can contribute up to the maximum limit allowed
by law each year”.
Be It Further Resolved that a copy of this Resolution be forwarded to Borough Employees and the Chief Financial Officer.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
Resolution No. 2004-45
Resolution Reference
Utilization of Public Property for Skating
Whereas, there currently exists, in the Borough of Englishtown, a body of water known as Lake Weamaconk; and
Whereas, said body of water is owned by the Borough of Englishtown; and
Whereas, the Mayor and Council of the Borough of Englishtown have been informed that permitting ice skating on said body of water opens the Borough to liability in the event of any injury; and
Whereas, the Englishtown Police Department need authorization to prevent ice-skating on public property.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that ice skating on Borough property, including, but not limited to, Lake Weamaconk, is hereby prohibited; and
Be It Further Resolved, that the municipal Police Department is hereby authorized to enforce the terms and conditions of this resolution by notifying any persons utilizing the public property for ice skating that such use is prohibited; and
Be It Further Resolved, that copies of this Resolution be given to the Englishtown Chief of Police and the Supervisor of the Department of Public Work of the Borough of Englishtown.
Offered By: C/D’Agostino
Seconded By: C/Soden
Roll Call: Ayes: C/Soden, C/Rucker, C/D’Agostino, Mayor Reynolds
Nays: C/Gallagher, C/Simon, C/Palmieri
Absent: None
Abstain: None
Resolution No. 2004-46
Resolution Authorizing Tax Assessor
To Take Action in Liberty Manor Tax Appeal
Whereas, there is presently a tax appeal known as Liberty Manor Assisted Living Tax Appeal within the Borough of Englishtown; and
Whereas, the Tax Assessor of the Borough of Englishtown has expressed dissatisfaction with the amount of money in the proposed settlement; and
Whereas, the Tax Assessor did not concur with the amount of the settlement.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Tax Assessor is hereby authorized to notify the Tax Court Judge of his non-concurrence with the said settlement; and
Be It Further Resolved, a copy of this Resolution be forwarded to the Borough Attorney, the Chief Financial Officer, the Tax Assessor, and the Tax Collector.
Offered By: C/Soden
Seconded By: C/Gallagher
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon
Nays: None
Absent: None
Abstain: C/D’Agostino, C/Palmieri
Current Taxes 2003 $ 57,646.64
Taxes 2002 36,028.74
Prepaid Taxes 9,968.80
Interest & Cost on Taxes 11,209.31
Tax Searches 30.00
6% Year End Penalty 800.18
Total Cash Receipt $150,150.39
Mayor Reynolds opened the floor to the public for any items they wish to bring to the attention of the Governing Body.
Joe Palmieri, Queens Way, stated the DPW workers did a great job.
There being no further questions or comments from the public, a motion to close the public portion was offered by C/Soden, seconded by C/Simon. 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 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/Simon
Seconded By: C/Gallagher
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
The time being 9:43 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 9:47 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Rucker. Passed unanimously.
The time being 9:51 P.M.
___February 25, 2004_______ ________________________
Approved by Governing Body Clerk