** AGENDA **
January 14, 2009
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 22, 2008
5. Committee Reports
6. Correspondence
7. Borough Engineer’s Monthly Report – January 2009
8. 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.
9. New Business:
Authorizing Appropriation Transfer
Authorizing Services Over $800
2009 Computer Software Maintenance for all Departments
Authorizing Change Order – Improvements to Dey St. Project
D. Resolution No. 2009-052
Supporting the Efforts by the County in Establishing a Regional Scenic Byway
Authorizing Approval of Department Requisitions
Authorizing Payment of Borough Bills
10. Tax Collector’s Report – December 2008
11. 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.
12. Executive Session
13. Adjournment
The meeting was called to order by Mayor Reynolds at 7:30 p.m.
Roll Call: Present: C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
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.
There being no corrections, deletions or additions, a motion to approve the Minutes of October 22, 2008 was offered by C/Soden and seconded by C/Robilotti. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nayes: None
Absent: None
Abstain: C/Rucker
Councilwoman Leonardis reports:
Mayor Reynolds instructs Laurie Finger to have DPW supervisor return keys to Wayne.
Councilwoman Cooke has nothing to report at this time.
Administration, Finance & Personnel
Councilman Soden reports:
Councilman Rucker has nothing to report at this time.
At this time Mayor Reynolds reads aloud the Borough Engineer’s monthly report for January.
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/Robilotti. Passed unanimously.
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 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 $1,850.00 (One Thousand Eight Hundred Fifty Dollars) be made in the 2008 budget.
Current Fund:
From: Insurance Other Expense $1,850.00
To: Buildings & Grounds Other Expense $1,000.00
Utilities: Electricity $ 850.00
Offered By: C/Robilotti
Seconded By: C/Soden
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2009-050
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:
2009 Computer Software Maintenance for Finance, Tax, Clerk and Water/Sewer Dept. $9,299.00
Purchased From:
Edmund & Associates, Inc.
301 A Tilton Road
Northfield, N.J. 08225
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/Leonardis
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2009-051
TO THE 2008 IMPROVEMENTS TO DEY STREET PROJECT
WHEREAS, the Borough of Englishtown had previously awarded a contract for the 2008 Improvements to Dey Street project to S. Batata Construction, Inc. in the total amount of $158,548.00; and
WHEREAS, S. Batata Construction, Inc. has submitted a change order #1 resulting in an adjusted contract price of $153,250.00 or a decrease of $5,298.00 under the original contract price; and
WHEREAS, the Local Public Contracts Law Rules, specifically N.J.A.C. 5:34-52, provided that the Governing Body may issue change orders, which do not increase or decrease the contract amount by more than 20%.
NOW, THEREFORE, BE IT RESOLVED, that the Borough of Englishtown does hereby authorize Change Order #1 reducing the original amount of the contract by $5,298.00 to $153,250.00 awarded to S. Batata Construction, Inc. for the 2008 Improvements to Dey Street project.
Offered By: C/Soden
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2009-052
OTHER MONMOUTH COUNTY MUNICIPALITIES IN ESTABLISHING
A REGIONAL SCENIC BYWAY
WHEREAS, the Monmouth County Planning Board has worked closely with the State of New Jersey and other municipalities in the county in determining ways to help showcase regional as well as local historic, cultural, scenic and natural qualities to the general public; and
WHEREAS, the pursuit of a New Jersey and National Scenic Byway designation would promote more widespread recognition and appreciation of these assets and intrinsic qualities for both the Borough and the region; and
WHEREAS, a properly administered scenic byway can provide benefits to the community by increasing general awareness of the area’s historic and cultural sites, scenic roadways and environmental features by welcoming visitors to explore and share in this area’s rich heritage; and
WHEREAS, a scenic byway designation can further benefit the community by fostering economic development that is in keeping with our preservation efforts and by providing access to federal resources for improving established roadways that constitute the byway alignment; and
WHEREAS, designation of a regional scenic byway connecting the Upper Freehold Historic Farmland Byway, Monmouth Battlefield, and the Sandy Hook along the county’s Revolutionary War Route involves a coordinated effort among the municipalities and county through which it passes; and
WHEREAS, the Borough of Englishtown recognizes specifically that his effort involves cooperation with the County and other municipalities in the development of a Scenic Byway Nomination Package for submission to the State of New Jersey (NJDOT) and the eventual development of a Corridor Management Plan; and
WHEREAS, a formally recognized scenic byway by the State is necessary in order to pursue federal assistance for access to scenic byway grants, marketing purposes and for the preparation of a Corridor Management Plan which will serve as a guide to protection, preserve, enhance and assist with interpretation along said byway
NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Englishtown wish to express its support for the establishment of a regional scenic byway and its commitment to participate in the process necessary for it’s designation.
BE IT FURTHER RESOLVED, that the Borough of Englishtown will cooperate with all other involved municipalities and the county as a member of a Monmouth County Regional Scenic Byway Committee in ongoing planning efforts that will result in the designation of a new State Scenic Byway in Monmouth County and that a copy of this Resolution shall be forwarded and filed with the Monmouth County Planning Board upon said adoption.
Offered By: C/Carr
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
RESOLUTION NO. 2009-053
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 $13,943.81
are hereby authorized to be processed into purchase orders on January 14, 2009.
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/Soden
Seconded By: C/Robilotti
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
BOROUGH OF ENGLISHTOWN
RESOLUTION NO. 2009-054
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 $660,386.96
are hereby authorized to be paid on January 14, 2009.
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/Rucker
Seconded By: C/Carr
Roll Call: Ayes: C/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
At this time Resolution No. 2009-055 is added to the agenda.
RESOLUTION NO. 2009-055
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. - 30 tons of salt/magnesium chloride mix - $2,517.90
Purchased From:
International Salt Company
655 Northern Blvd.
Clarks Summit, PA 18411
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/Carr, C/Cooke, C/Leonardis, C/Robilotti, C/Rucker, C/Soden
Nays: None
Abstain: None
Absent: None
Laurie Finger states that due to the addition of this resolution, the requisition list shall also be amended to include.
2009 Taxes $ 7,184.43
2008 Taxes $43,162.36
2007 Taxes $11,391.25
Tax Sale Premium $ 9,900.00
Interest $ 3,250.65
Cost of Sale $ 131.59
Return Check Fee $ 20.00
Miscellaneous $ 115.00
Total Net $75,155.28
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 Personnel 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/Soden
Seconded By: C/Robilotti
Roll Call: Ayes: C/Soden, C/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis
Nays: None
Absent: None
Abstain: None
The time being 7:48 P.M.
There being no further business in Executive Session, a motion to return to open session was offered by C/Carr, seconded by C/Robilotti. Passed unanimously.
The time being 8:08 P.M.
Adjournment
There being no further business a motion to adjourn was offered by C/Carr, seconded by C/Soden. Passed unanimously.
The time being 8:10 P.M.
_March 25, 2009__________ ________________________
Approved by Governing Body Municipal Clerk