* A G E N D A *

 

March 10, 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 – February 11, 2004

 

5.                  Committee Reports

 

6.                  Correspondence

 

7.                  Discussion of Master Plan Re-examination

Tom Herits, Borough Engineer

 

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

                       

A.     Resolution Number 2004-059

Authorizing Purchases Over $800 – Municipal Storm Basin Repair

 

B.     Resolution Number 2004-060

Authoring Mayor to Sign the State of NJ DEP Sanitary Sewer Approval

G & F Associates – Wilson Avenue

 

C.     Resolution Number 2004-061

Emergency Temporary Appropriations

 

D.     Resolution Number 2004-062

Authorizing Purchases Over $800 – Annual Lab Test on Wells

 

E.      Resolution Number 2004-063

Payment of Borough Bills

 

F.      Resolution Number 2004-064

Authorizing Hutchins, Farrell, Meyers & Allison, P.A.

Connection With USDA Loans

 

10.       Tax Collector’ Report – January and February 2004

 

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 implied 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/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                  Absent: None

 

Also present were Julie Martin, Municipal Clerk, Lynn Tillman, 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 – Minutes of February 11, 2004

 

There being no additions, deletions or corrections, a motion to approve the Minutes of February 11, 2004 was offered by C/Soden, seconded by C/Simon.  Passed unanimously.

 

Committee Reports

 

C/Rucker stated nothing at this time.

 

C/Palmieri stated the Easter Egg Hunt will be on April 10 at 12p.m at Sanford Park.

 

C/Gallagher stated I’ve been working on putting together the Personnel Policy.  Also, the Freehold Regional Board of Education is proposing an 11 ½ % increase to their budget.

 

C/Soden stated the police activity report from 2/ 23 – 3/7 there were 422 calls, 99 motor vehicle stops, and 123 tickets were issued. To date without interest, The Borough has received from court system $58,808.91.

 

C/D’Agostino stated nothing at this time.

 

C/Simon stated meetings were held last week with insurance broker.  Health care, property, and liability were reviewed.   The cable 10 year contract is coming up in March, 2005.  Also, I met with Tom Bace of Dilworth Paxson.  A final report is needed in two weeks.  Any public questions or comments to add to this report are welcome.

 

Correspondence

 

Julie Martin, Municipal Clerk, stated a letter was received from Monmouth County Mosquito Extermination Commission requesting Borough to sign a contract with them for aerial spraying.  Approval from council is needed.

 

A second correspondence was from Mr. Jorge, Manalapan, N.J..  He resides on the Englishtown/Manalapan border and is experiencing problems with his well.  There is no city water or sewer at his location and is requesting permission to hook up with Englishtown’s water and sewer department.  Jim Mastrokalos, Water Superintendent doesn’t see a problem with this, however it is the decision of the Mayor and Council.   Lastly, the March 24th council meeting will be held at the Village Inn.

 

Mayor Reynolds opened the floor to Tom Herits, Borough Engineer for a discussion on the Master Plan Reexamination.  Tom Herits said, The Planning Board adopted reexamination, there are 7 – 8 recommendations including gas tanks in C1/C2 zones.  If Council supports these recommendations, Council needs to make changes to the ordinance.  Notification to the County Board, adjacent towns and affected area residents would be required.

 

C/Palmieri requested a copy of the reexamination book.

 

Tom Herits continued regarding the replacement of the bridge on LaSatta/Wood Ave.  Project pending on Knights of Columbus parking.   Preliminary plans for parking were shown to Council.  Knights of Columbus would also like to tear down existing building and rebuild. There is to be no traffic light put at intersection until there is volume problem.

  

Open Public Portion/ Limited to Agenda Items Only

 

Mayor Reynolds opened the floor to the public for discussion of agenda items only.

 

There being no questions or comments from the public, a motion to close the public portion was offered by C/Simon, seconded by C/D’Agostino.  Passed unanimously.

 

New Business

 

Borough of Englishtown

Resolution No. 2004-059

 

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:

 

Municipal Parking Lot Storm Basin Repair            $1,484.00

 

Purchased From:

Brenner Drainage & Excavating

205 Dey Grove Road

Monroe Township, NJ  08831

 

            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/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. 2004-060

 

Authorizing the Mayor to Sign the State of New Jersey

Department of Environmental Protection Sanitary Sewer Approval

For G & F Associates

Block 6, Lot 14

Wilson Avenue, Borough of Englishtown

 

            Whereas, application has been made to the New Jersey Department of Environmental Protection and reviewed by the Borough Engineer, Thomas J. Herits and approved by same.

 

            Now, Therefore Be It Resolved, by the Governing Body, Borough of Englishtown, County of Monmouth, State of New Jersey that the Mayor is hereby authorized to sign the application

 

            Be It Further Resolved That, a Certified Copy of the Resolution shall be provided by the Clerk to the Borough Engineer.

 

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. 2004-061

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2004 Budget and N.J.S.A.40A: 4-2 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

 

Whereas, the total emergency temporary Resolutions adopted in the year 2004 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A: 4-20) including this Resolution total $608,563.00.

 

 Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that an emergency temporary appropriation be and the same is hereby made for the attached indicated appropriations.

 

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

 

Borough of Englishtown

Resolution No. 2004-062

 

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:

 

Annual Lab Tests on 3 Monitoring Wells                $1,650.00

 

Purchased From:

                                    J.R. Henderson Labs, Inc.

                                    123 Seaman Avenue

                                    Beachwood, NJ  08722-2817

 

            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. 2004-063

 

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 $119,897.57 be and the same are hereby

                  authorized to be paid on March 10, 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. 2004-064

 

RESOLUTION AUTHORIZING THE PROFESSIONAL FINANCIAL ADVISOR SERVICES OF HUTCHINS, FARRELL, MEYER & ALLISON, P.A., IN CONNECTION WITH THE REFINANCING OF THE BOROUGH’S USDA LOANS.

 

WHEREAS, there is a need for the Borough of Englishtown to retain the services of a professional financial advisor in connection with the refinancing of the Borough’s USDA Loans; and

 

WHEREAS, the firm of Hutchins, Farrell, Meyer & Allison, P.A., has submitted a proposal to the Borough, dated March 2, 2004, in order to provide the aforesaid services, at a fee of $16,500.00, a copy of which is attached hereto; and

 

WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

 

WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefore, provided that the resolution authorizing the contract and the contract itself be available for public inspection in the Office of the Municipal Clerk and that notice of the awarding of the contract be published in a newspaper of general circulation in the municipality; and

 

WHEREAS, the Mayor and Borough Council, having considered the same, now wishes to authorize the awarding of a professional services contract to Hutchins, Farrell, Meyer & Allison, P.A., for the provision of the aforesaid financial advisor services.

 

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, as follows:

 

1.  That the Mayor, or other appropriate official of the Borough, is hereby authorized to execute and the Borough Clerk to attest the attached Agreement, or one that is substantially similar thereto and acceptable to the Borough Attorney, between the Borough of Englishtown and Hutchins, Farrell, Meyer & Allison, P.A., for the provision of financial advisor services in connection with the refinancing of the Borough’s USDA Loans.  The fees for said services shall not exceed $16,500.00.

 

 2.  That this contract is awarded without competitive bidding as a “Professional Service”, in accordance with N.J.S.A. 40A:11-5, of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services.

 

3.   That no appropriation of funds is required at this time as payment under the contract will be made from the proceeds of the sale of bonds, bond anticipation notes and/or tax anticipation notes, or similar obligations, or from capital authorizations or other appropriate budgeted items.

 

4.   That Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the Borough.

 

5.   That a certified copy of this Resolution shall be provided to each of the following:

 

      a.      Hutchins, Farrell, Meyer & Allison, P.A.

               (Attn: Eugene M. Farrell, CPA)

 

      b.      Chief Financial Officer

 

      c.      Dilworth Paxson LLP, Bond Counsel

               (Attn: John O. Bennett, III, Esq.)

 

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

 

Tax Collector’s Report
Month of January, 2004

 

                        Current Taxes 2004                        312,095.97

                                     Taxes 2003                         38,166.53

                        Prepaid Taxes                                       264.53

                        Interest & Cost on Taxes                   2,088.77

 

                                    Total Cash Receipt             352,615.80

 

 
                                             Month of February, 2004

 

                        Current Taxes 2004                               481,837.33

                                     Taxes 2003                                 11,555.13

                        Interest & Cost on Taxes                               485.47

 

                                    Total Cash Receipt                     493,957.10

 

Public Portion

 

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

 

Jayne Carr residing on Main Street stated the March 24th Council Meeting will be held at the Village Inn.  Also, the Easter Egg Hunt scheduled for April 10, 2004 will be held at Sanford Park, followed by the Easter Bunny arriving at the Village Inn to hand out goody bags.  She also stated the Business Committee met with Gene from Monmouth County Tourism and Economic Development.  Also, I feel it would be a great first step to have the businesses listed on the web site.  Jayne Carr thanked Council for posting the Village Inn meeting on Borough Board.

 

Permission was granted to post a flyer regarding a Blood Drive at Freehold Township High School on Sunday, March 14, 2004.

 

There being no further questions or comments from the public, a motion to close the public portion was offered by

C/D’Agostino, seconded by C/Simon.  Passed unanimously.                                   

 

The Mayor addressed the public about an article in the Transcript regarding the assessment on Freehold Regional High School.  The Mayor stated he made phone calls to the High School and also the K-8 district to find that the increases for the High School District are as follow: Manalapan  - .03 cent increase, Marlboro – 2.1 cent increase, Freehold Borough – 2.0 cent increase, Freehold Twp. – 1.8 cent increase, Howell – 2.9 cent increase, Colts Neck – 3.1 cent increase, Farmingdale – 10.1 cent increase, Englishtown – 11.2 cent increase.  The K-8 district will impose a 6.5cent increase for Englishtown, and a 7.1cent increase for Manalapan.  This could mean a significant tax increase for Englishtown.  The Mayor stated he took last years numbers, and left the debt service out, outcome being, Englishtown could be looking at a 38.58 cent increase.

 

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, pending and anticipated 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/D’Agostino

 

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 8:14 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/D’Agostino.  Passed unanimously.

 

The time being 8:35P.M.

 

Adjournment

 

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

 

The time being 8:37P.M.

 

 

 

____April 28, 2004_________                                          ________________________

Approved by Governing Body                                          Clerk