** AGENDA **
February 13, 2008
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 - Reorganization Meeting, January 3, 2008
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. Resolution No. 2008-056
Authorizing Change Order No.1
Curb & Sidewalk Reconstruction – Hamilton St. & Irving Pl.
2008 Temporary Operating Budget
Authorizing Services Over $800
Water Dept. – Installation of Lime Tank & Mixer
Authorizing Borough Purchases Over $800
Water Dept. – 20 Amco Water Meters
Authorizing Approval of Department Requisitions
Authorizing Payment of Borough Bills
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
· 2008 Borough Engineer Interviews
14. Adjournment
Also present were Peter Gorbatuk, Acting Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, 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.
There being no corrections, deletions or additions, a motion to approve the Reorganization Minutes of January 3, 2008 was offered by C/Soden and seconded by C/Robilotti. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: None
Abstain: None
Committee Reports
C/Cooke
Mayor Reynolds asked if the Police will have to be re-qualified for that weapon?
C/Robilotti
Mayor Reynolds asks if there are any restrictions on their funds?
C/Robilotti
C/Carr
Mayor states he is available on Wednesday, March 5th.
C/Carr
C/Simon
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/Soden and seconded by C/Simon. Passed unanimously.
New Business
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-056
CURB AND SIDEWALK RECONSTRUCTION
HAMILTON STREET AND IRVING PLACE
WHEREAS, the Borough of Englishtown previously authorized (by Resolution No. 2006-195) Seaview General Contracting for the curb and sidewalk reconstruction of Hamilton Street and Irving Place in the total amount of $161,446.20; and
WHEREAS, Seaview General Contracting, has submitted a change Order #1 resulting in an adjusted contract price of $156,743.05 or a decrease of $4,703.15 under the original contract price; and
WHEREAS, the Local Public Contracts Law Rules, specifically N.J.A.C. 5:30-11.3, provided that the Governing Body may issue change orders.
NOW, THEREFORE, BE IT RESOLVED, that the Borough of Englishtown does hereby authorize Change Order #1 reducing the original amount of the contract by $4,703.15 to $156,743.05 awarded to Seaview General Contracting for the curb and sidewalk reconstruction of Hamilton Street and Irving Place Project.
BE IT FURTHER RESOVED that a certified true copy of this resolution be forwarded to the Borough’s Chief Financial Officer, the Borough Engineer and the Borough Administrator.
Offered by: C/Robilotti
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
2008 TEMPORARY OPERATING BUDGET
WHEREAS, Section 40A:4-19 of the revised Statutes of the State of New Jersey provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2008 Municipal Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and
WHEREAS, the Director of the Division of Local Government Services authorized in Local Finance Notice 2008-2 dated January 18, 2008 that the Governing Body may, by resolution, adopt by Feb. 29, 2008 to increase it’s temporary budget by 1/12th ; and
WHEREAS, the total appropriations in the 2007 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, is $2,734,155.14; and
WHEREAS, 1/12th of the total appropriations in the 2007 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, in said 2007 Municipal Budget is $227,845.49; and
WHEREAS, the 2008 temporary operating budget was adopted by Resolution Number 2008-030, adopted on January 3, 2008 in the amount of $717,715.72;
NOW, THEREFORE BE IT RESOLVED, that the total 2008 temporary operating budget be increased to the amount of $945,282.75 and attached appropriations be made.,
BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.
Offered by: C/Simon
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-058
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:
Installation of Lime Tank & Mixer – Water Dept. - $1,320.00
Purchased 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/Soden
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2008-059
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:
(20) Amco Water Meters – Water Dept. - $1,600.00
Purchased From:
Allied Meter Services
340 E. Broad Street
P.O. Box 617
Burlington, N.J. 08016
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/Soden
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2008-060
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 $7,453.67
are hereby authorized to be processed into purchase orders on February 13, 2008.
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 requisitions hereby authorized to be processed into purchase orders.
Offered by: C/Robilotti
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain None
Absent: None
RESOLUTION NO. 2008-061
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 $506,957.41
are hereby authorized to be paid on February 13, 2008.
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/Soden
Seconded by: C/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
Public Portion
Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention to the governing body.
There being no questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Robilotti. 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 2008 Borough Engineer interviews; 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/Robilotti
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: None
Abstain: None
The time being 8:25 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 10:09 P.M.
At this time Resolution No. 2008-062 is added.
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. firm of Maser Consulting be appointed as the Borough Engineer for the Borough of Englishtown for a term of one year terminating December 31, 2008, 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/Carr
Seconded by: C/Soden
Roll Call: Ayes: C/Soden, C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Abstain: None
Absent: None
Adjournment
There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Simon. Passed unanimously.
The time being 10:12 P.M.
__March 26, 2008_________ ________________________
Approved by Governing Body Acting Municipal Clerk