AMENDED

* A G E N D A *

 

February 11, 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 - January 5, 2004

 

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.            Old Business

 

A.     Ordinance Number 2004-01

2004 “Cap” Ordinance

Public Hearing & Adoption

 

            9.         New Business

                       

A.     Resolution Number 2004-47

Resolution Supporting Construction of Manalapan

Community Center

 

B.     Resolution Number 2004-48

Authorizing Signing Professional Contracts

 

C.     Resolution Number 2004-49

Application to the Local Finance Board for Budget

Operations Outside “CAP” Limitations

 

D.     Resolution Number 2004-50

Purchases Over $800 - Borough Auditor “CAP”

Limitations Application Preparation

 

E.      Resolution Number 2004-51

Payment of Borough Bills

 

F.      Resolution Number 2004-52

Appointment of Temporary Court Employee

 

G.     Resolution Number 2004-53

Amendment Appointment of Part-Time Planning

Board Secretary-Increasing Hours

 

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.

 

 Approval of Minutes – January 5, 2004

 

There being no corrections, additions or deletions, a motion to approve the Minutes of January 5, 2004 was offered by C/Soden, seconded by C/Gallagher.  Passed unanimously.

 

Committee Reports

 

C/Rucker stated nothing at this time.

 

C/Palmieri stated on Saturday, February 7th, we had the first event of the year, our Valentine’s Day Craft that had a very nice turnout of about 22 to 26 people come.

 

C/Gallagher stated Resolution 2004-47 on the agenda tonight is in support of the Manalapan Community Center and two of the Committee members are here this evening, Eileen Marino and Arlene White should any one have questions they may want to ask.

 

C/Soden stated the Police Activity Report from January 12 to February 8 resulted in 1,070 calls and 292 motor vehicle stops.

 

C/D’Agostino stated the collection of $45,679 in delinquent accounts was received. Gina Frangipane in the Water Department did a commendable job.  Also a repair of a water main break is scheduled at the corner of Water and Main Streets.

 

C/Simon stated I received a spreadsheet from the Insurance carrier and will be analyzing the costs of insurance and coverage of the Borough account.

 

Julie Martin, Municipal Clerk, stated the Borough received a Thank You card from the Englishtown/Manalapan First Aid Squad for the donation.  The Fire Department requests approval from Mayor and Council to hold a Comedy Night at the Fire House.

 

Mayor and Council approved the function.

 

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.

 

Old Business

 

ORDINANCE NO. 2004-01                                            Public Hearing and Adoption

 

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.

 
Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled Ordinance.

 

Joe Palmieri asks how much over the “Cap”?

 

C/Palmieri stated it’s over $50,000.

 

There being no further questions or comments, a motion to close the public hearing was offered by C/Soden, seconded by C/Simon. 

 

Adoption

 

A motion to adopt Ordinance 2004-01, above titled, was offered by C/Soden, seconded by C/Simon.  Passed on the following roll call:

 

Roll Call:   Ayes:    C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                   Nays:  None

                Absent:  None
               Abstain:  None

 

New Business

 

Borough of Englishtown

Resolution No. 2004-47

 

Resolution Supporting the Construction

Of the Community Center in the Township of Manalapan

 

            Whereas, the Manalapan Community Center Committee is a nonprofit organization comprised of a group of residents who have joined together in an effort to build a community center in the Township of Manalapan; and

 

            Whereas, the proposed community center will be built on the Dreyer Lot of the Recreation Center in the Township of Manalapan; and

 

            Whereas, the proposed community center will help foster a positive atmosphere for the community by providing educational, recreational and social activities for the youths and residents of Englishtown and Manalapan; and

 

            Whereas, the Manalapan Community Center Committee has been conducting fundraisers and has requested the support and donations of the residents of Englishtown and Manalapan in order to finance the construction of the community center; and

 

            Whereas, in furtherance of the foregoing, the Mayor and Borough Council wish to express their support for the proposed construction of the community center in Manalapan Township.

           

            Now, Therefore, Be It Resolved that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey wish to express their support for the construction of the community center in the Township of Manalapan and the Manalapan Community Center Committee’s fundraising efforts in furtherance thereof.

 

            Be It Further Resolved that the Mayor and Council wish to encourage the residents of the Borough of Englishtown to support the Manalapan Community Center Committee’s efforts in the building of the proposed community center.

 

Offered By:               C/Gallagher

 

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. 2004-48

 

Authorizing Signing Professional Contracts

                           

Whereas, professional contracts have been submitted to the Borough Attorney and Borough Clerk for review and have been found to be acceptable; and

 

Whereas, the members of Council now approve the following contracts.

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Borough Clerk to execute the contracts for professional services for:

 

                        Attorney                               John O. Bennett III

                        Prosecutor                            Scott J. Basen

                        Auditor                                 Eugene M. Farrell

                        Engineer                                Thomas J. Herits

           

Offered By:            C/D’Agostino

           

Seconded By:         C/Simon

           

Roll Call:  Ayes:      C/Soden, C/Rucker, S/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                  Nays:    None

               Absent:    None

              Abstain:    None

 

 Borough of Englishtown

Resolution No. 2004-49

 

Application to the Local Finance Board for

Budget Operations Outside "CAP" Limitations

 

            Whereas, The Borough of Englishtown desires to make application to the Local Finance Board for its review and/or approval of a proposed Budget for the Year 2004 authorizing the utilization of Operating Appropriations outside the "CAP"; and

 

            Whereas, the Mayor and Council of the Borough of Englishtown believes:

 

(a)    It is in the public interest to accomplish such purpose;

(b)    Said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;

(c)    The amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

(d)    The proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:

 

            Section 1.  The preparation of the application to the Local Finance Board is hereby approved, and the Chief Financial Officer, and the Borough Auditor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.

 

            Section 2.  The Clerk of the Borough of Englishtown is hereby directed to prepare and file a copy of the proposed Application with the Local Finance Board as part of such application.

 

            Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

  

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. 2004-50

 

Authorization of Purchases or 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:

 

Preparation of Application to the Local Finance Board For Budget Operations Outside “CAP” Limitations  - Not to Exceed $1,350.00 

 

Services Rendered From:

 

                                    Eugene M. Farrell, Borough Auditor

                                    Hutchins, Farrell, Meyer & Allison

                                    912 Highway 33 - Suite 2

                                    Freehold, NJ  07728

 

            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. 2004-051

 

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 $239,900.77 be and

                   the same are hereby authorized to be paid on February 11, 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/Gallagher, C/Simon, C/D’Agostino,

                                C/Palmieri

                   Nays:    None

                Absent:    None

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-52

 

Appointment of Temporary Court Employee

 

            Whereas, there is a need for a temporary employee in the Court; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Chairperson to appoint Mary E. Kennedy 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 Mary E. Kennedy be appointed Temporary Court Employees as follows:

 

1.      Appointment shall be effective for the Court Session of February 18, 2004, which is anticipated to be 5 to 7 hours. 

 

            2.    That said employment is temporary and shall be paid $10.00 an hour, payable per the salary       

                    ordinance.

 

            Be It Further Resolved that a certified true copy of this resolution be forwarded to the Court Administrator and the Borough 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

 
Borough of Englishtown

Resolution No. 2004-053

  

AMENDMENT

Appointment of Part-Time Planning Board Secretary

 

            Whereas, there is a need for a part-time Planning Board Secretary, this position to include the typing of the Planning Board Minutes; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee and the Planning Board Chairperson to appoint Heather L. Dettra of Freehold, New Jersey.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Heather L. Dettra be appointed Planning Board Secretary as follows:

 

1.        Part-time 30 hours maximum per month.

 

2.        Currently salary is  $15.00 (2003 rate) per hour, paid bi-weekly, per the salary ordinance.

 

3.        Shall be under the direction of the Planning Board Chairperson.

 

4.        Appointment shall be effective January 1, 2004 till December 31, 2004.

 

5.        That this resolution supercedes Resolution Number 2003-57, previously adopted on January 22, 2003 and Resolution No. 2003-087, previously adopted on March 26, 2003.

 

            Be it further resolved that a certified true copy of this resolution be forwarded to Heather L. Dettra, the Planning Board Chairperson, Planning Board Attorney and the Borough 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

 

Public Portion

 

Mayor Reynolds opened the floor to the public for any matters they wish to bring to the attention of the Governing Body.

 

Arlene White, Manalapan, stated the purpose for the Community Center is for the teens of our towns to have a place to gather socially with supervision.  They have requested to have a coffee shop with a lounge area set-up.  We would like to have an all purpose room for meetings, a game room, and computer room.  We are open to suggestions and are listening to teen’s ideas also.  Fund-raising is an important aspect of bringing this project together along with personal donations as well as donations from businesses.

 

C/Gallagher stated I think it’s very important for our residents of Englishtown to support this Center because it is open to our children as well.

 

Mayor Reynolds thanked Arlene White and Eileen Marino for their presentation.

 

Jayne Carr, Main St., stated the Business Committee of Englishtown met last night and expressed thoughts of having all committees of Englishtown events work together for a more responsive turnout of these events. I was asked to get approval from Council to have the Easter Egg Hung at the Village Inn.  There will be feature articles they would like to have included in the Focus featuring businesses in town.

 

C/Palmieri also added the use of the lake for canoeing was discussed along with other activities that could be held at the lake such as fishing tournaments.

 

Jayne Carr also stated the Village Inn will be opened every fourth (4th) Saturday of the month from 10 a.m. to 1 p.m.  A meeting is scheduled for next Friday, February 20, if anyone is interested in attending, the topic will be Show & Tell – bring something old and share the history of it.

 

C/Gallagher stated a Borough Council Meeting will be held at the Village Inn on March 24th.

 

There being no further questions or comments, 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 pending 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/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

               Abstain:           None   

 

The time being7:59 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 9:20 P.M.

 

Adjournment

 

There being no further business a motion to adjourn was offered by C/D’Agostino, seconded by C/Simon. Passed unanimously.

 

The time being 9:21 P.M.

 

 

 

____March 10, 2004 _______                                          ________________________

Approved by Governing Body                                          Clerk