* A G E N D A *

 

July 14, 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.         Committee Reports

 

5.         Correspondence

 

6.         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.

 

            7.         New Business

                       

A.     Resolution Number 2004-123

Awarding Construction Contract for ADA Restrooms – Sanford Park

 

B.  Resolution Number 2004-124

                        Grant Agreement – Municipal Storm Water Regulation Program

 

C.  Resolution Number 2004-125

Request For Title Correction In The CY2004 Budget

 

D.     Resolution Number 2004-126

Authorization of Purchases Over $800 – Brenner Drainage

Man Hole Cover, Wood Avenue

 

E.      Resolution Number 2004-127

Authorizing Overpayment of Property Taxes

 

F.      Resolution Number 2004-128

Authorization of Purchases Over $800 – A.C. Schultes, Inc.

 

G.     Resolution Number 2004-129

Authorizing Payment of Borough Bills

 

H.     Resolution Number 2004-130

Authorizing Borough Engineer to Complete DOT Grant Application

Reconstruction of Hamilton Street and Irving Place

 

I.        Resolution Number 2004-131

Authorizing Borough Engineer to Complete DOT Grant Application

Curb/Sidewalks on So. Main St., Park Ave., Conover St., Station St.

 

8.         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.

 

9.            Executive Session

 

10.        Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:34

 

Roll Call:  Present:            C/Soden, C/Gallagher, C/Simon, C/D’Agostino

                Absent:            C/Rucker, C/Palmieri

 

Also present were Julie Martin, 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.

 

Committee Reports

 

C/Gallagher asks council if everyone received his or her audit report.  C/Soden and I met with Gene Farrell, Borough Auditor, Himanshu Shah, CFO, and Janet Halasz, Assistant CFO to go over the audit.  Gene Farrell will be at the July 28, 2004 Council Meeting to discuss the audit.  There were some concerns about the new Cap Waiver.  We were also instructed to add some things to our employee handbook about fraud awareness.  There was also some talk about the current fees for water/sewer hook ups.  Gene Farrell told Himanshu Shah the formula to see if our current fees are correct or if we can increase them.  Himanshu Shah should also be at our next meeting and hopefully will have that information for us then.  Mr. Farrell said the court records were very well kept. 

 

C/Soden states the police activity report from 6/21 – 7/11 was 575 calls, 151 motor vehicle stops, 121 tickets were issued and to date the court has brought in $124,687.86.  We are currently waiting for the console for the new car to get the lights on, which should be in a couple days.

 

C/D’Agostino states the water bills will be going out tomorrow.  Gina Frangipane is still on disability and Christine Robbins is doing a fine job in her absence.

 

C/Simon states our new dental rates went into effect on 6/1/04. We locked in with Delta Dental for 2 years effective 6/1/04 – 6/1/06.  For a single plan the price went from $51.48 to $55.23, for a two party plan the price went from $81.00 to $95.00, and for a three party plan the price went from $136.31 to $161.53.

 

Correspondence

 

Julie Martin, Municipal Clerk states dog and cat licenses are due.  Summonses will be issued at the end of the month for unlicensed pets.

 

Open Public Portion

 

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.

 

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

 

New Business

 

Borough of Englishtown

Resolution No. 2004-123

 

 

Resolution Awarding Contract for

Construction of ADA Restrooms in Sanford Memorial Park

 

 

            Whereas, bids have been received on February 23, 2004 by the Borough Clerk for the construction of ADA Restrooms in Sanford Park in the Borough of Englishtown as follows:

 

                        V&K Construction                                       $78,300.00

                        Edison, NJ

 

                        Vanguard Modular Systems                        $123,437.50

                        Bridgewater, NJ

 

             Whereas, it has been determined that the apparent lowest responsible bidder is V&K Construction of Edison, NJ; and

 

            Whereas, the bidder’s forms have been found to be acceptable as to legal form by the Borough Attorney.

 

            Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes the award of a contract to V&K Construction in the amount of $78,300.00 for the construction of ADA restrooms in Sanford Park, subject to all terms and conditions of the successful bidder’s proposal and the bid specifications.  The within Resolution shall also be subject to the Borough CFO confirming that funds are available.

 

            Be It Further Resolved that the Mayor and Municipal Clerk are hereby authorized to execute said contact.

 

            And, Be It Further Resolved that a certified copy of this resolution shall be provided by the Municipal Clerk to each of the following:

 

1.                  V&K Construction 

2.                  Borough of Englishtown Engineer

3.                  Borough of Englishtown Chief Financial Officer

 

 

Offered by:              C/D’Agostino  

 

Seconded by:          C/Simon

 

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

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-124

 

Authorization of Grant Agreement Between

Borough of Englishtown and The State of New Jersey

By and For the Department of Environmental Protection

Grant Identifier:  WQ04-348

 

 

            Whereas, the Governing Body of the Borough of Englishtown desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $6,822.00 to fund the following project:

 

Municipal Storm Water Regulation Program

 

            Therefore, the Governing Body resolves that Thomas E. Reynolds or the successor to the office of the Mayor is (a) authorized to make application for such a grant,  (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $6,8922 and not more than $6,822, and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.

 

            The Grantee agrees to comply with all applicable federal, State, and Municipal laws, rules, and regulations in its performance pursuant to the agreement.

 

 

Offered  by:             C/D’Agostino  

 

Seconded by:          C/Simon

 

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

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-125

 

Resolution Requesting A Title Correction

In The CY2004 Budget

 

            Whereas, N.J.S. 40A: 4-85 provides that the Director of the Division of Local Government Services may, at the request of, or with the consent of, the governing body of any county or municipality, make such correction of the title, text or amount of any appropriation appearing in the budget as may be necessary to make said item of appropriation available for the purpose or purposes required for the needs of any county or municipality;

 

            Now, Therefore, Be It Resolved that in accordance with the provisions of N.J.S. 40A: 4-85, the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, hereby requests the Director of the Division of Local Government Services to make the following correction in the 2004 budget:

 

            That the appropriation provided for in the approved budget entitled:

 

·        Water Utility Operating Fund:  Payment of BAN and Capital Notes

be reduced by the sum of $10,000.00

 

            And an appropriation in the like amount of $10,000.00 be added to the budget entitled:

 

·        Operations Excluded from CAPS: Interest on notes

 

Be It Further Resolved, that the foregoing correction is, in the opinion of the Governing Body, warranted and authorized by the statute referred to above, and is necessary.

 

Be It Further Resolved, that the Municipal Clerk forward two certified copies of this resolution to the Director of Local Government Services for approval.

 

Offered by:                   C/D’Agostino

 

Seconded by:               C/Simon

  

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

                   Nays:        None

                Absent:        C/Rucker, C/Palmieri

               Abstain:        None

           

Borough of Englishtown

Resolution No. 2004-126

 

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:

 

Repair of a Man Hole Cover

Wood Avenue                                                $1,500.00

 

Purchased From:

Brenner Drainage

Monroe Township, NJ

 

            Whereas, the necessary quotes have been received and are on file;

 

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

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:    None 

 

Borough of Englishtown

Resolution Number 2004-127

 

Resolution Authorizing Refund of Overpayment

Of Taxes Paid On Property

 

            Whereas, the Borough of Englishtown Tax Collector has reported an over-payment of $1,645.71 on property Block 2/Lot 2.11 that is 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 $1,645.71 to be refunded to EverHome Mortgage c/o First American Real Estate Tax Service, P.O. Box 569764, Dallas, TX  75247, as they over-paid taxes on property 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/Gallagher, C/Simon, C/D’Agostino

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-128

 

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:

 

Emergency Replacement of Column Setting

& Pump Upgrades For Well #2                                    $13,049.00

 

Purchased From:

A.C. Schultes, Inc.

664 S. Evergreen Ave.

Woodbury, NJ  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/D’Agostino  

 

Seconded by:          C/Simon

 

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

                   Nays:   None

                Absent:   C/Rucker, C/Palmieri

               Abstain:   None

    

Borough of Englishtown

Resolution No. 2004-129

  

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 $106,347.28 be and

                   the same are hereby authorized to be paid on July 14, 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/Simon, C/D’Agostino

                   Nays:   C/Gallagher

                Absent:   C/Rucker, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No.  2004-130

 

Authorizing the Borough Engineer to Complete Application

For FY 2005 New Jersey Department of Transportation Grant

 

            Whereas, the FY 2005 New Jersey Transportation Fund Authority Act has provided funds for the improvements of the municipal roads.

 

            Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that application be made to the Commissioner of Transportation for aid under the current allocation of Municipal Aid Program Portion of the above act, in the sum of  $220,000 for the reconstruction of Hamilton Street and Irving Place, for the year 2005.

 

            Be It Further Resolved that if this application is approved and accepted by the New Jersey Department of Transportation, the Borough of Englishtown agrees to abide by the terms and conditions set forth in the application entitled “Application of State Aid to Municipalities Under the FY 2005 New Jersey Transportation Trust Fund Authority Act” attached thereto.

 

            Be It Further Resolved that said application fee is not to exceed $800.00.

 

Offered By:             C/D’Agostino  

 

Seconded By:          C/Simon

 

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

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-131

 

Authorizing the Borough Engineer to Complete Application

For FY 2005 New Jersey Department of Transportation Grant

 

            Whereas, the FY 2005 New Jersey Transportation Fund Authority Act has provided funds for the improvements of the municipal roads.

 

            Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that application be made to the Commissioner of Transportation for aid under the current allocation of Municipal Aid Program Portion of the above act, in the sum of  $176,000 for the replacement of curb and sidewalks along So. Main Street, Park Avenue, Conover Street, Station Street (Rt. 527 and 527A), for the year 2005.

 

            Be It Further Resolved that if this application is approved and accepted by the New Jersey Department of Transportation, the Borough of Englishtown agrees to abide by the terms and conditions set forth in the application entitled “Application of State Aid to Municipalities Under the FY 2005 New Jersey Transportation Trust Fund Authority Act” attached thereto.

 

            Be It Further Resolved that said application fee is not to exceed $800.00.

 

Offered By:             C/D’Agostino                          

 

Seconded By:          C/Simon          

 

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

                   Nays:    None

                Absent:    C/Rucker, C/Palmieri

               Abstain:     None

           

Public Portion

 

Mayor Reynolds opened the floor to the public for anything they wish to bring to the attention to the governing body.

 

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.

 

Julie Martin states we have the upcoming auction scheduled for Saturday July 31st.  I will be conducting the auction, however I need some input from council as to what they want me start the bidding at with the generator. 

 

Council will research the cost of the generator and get back to Julie Martin.

 

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/Simon

 

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

                   Nays:  None

                Absent:  C/Rucker, C/Palmieri

               Abstain:   None

 

The time being 7:46 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 8:15 P.M.

 

Adjournment

 

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

 

The time being 8:16 P.M.

 

        October 13, 2004                                                       ________________________

Approved by Governing Body                                          Clerk