* A G E N D A *

 

August 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.         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.                  Old Business

 

A.     Ordinance Number 2004-06 

Public Hearing and Adoption

Bond Ordinance For Reconstruction of Water Street

 

            8.         New Business

                       

A.     Resolution Number 2004-138

Authorization of Purchases over $800 – Police Department Radios

 

B.     Resolution Number 2004-139

Authorization To Dispose of Surplus Obsolete Municipal Property

 

C.     Resolution Number 2004-140

2003 Audit of the Borough of Englishtown

Division of Local Government

 

D.     Resolution Number 2004-141

Resolution Accepting Corrective Action Plan

 

E.      Resolution Number 2004-142

Authorizing Payment of Borough Bills

 

            9.         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.

 

10.        Executive Session

 

11.       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/D’Agostino, C/Palmieri

                  Absent:            C/Simon

 

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.

 

C/Simon arrives at 7:34 P.M.

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states September 11th we will be planning a Memorial Service in the morning.  Also, the Fall Festival will be held on Saturday, October 2nd in Sanford Park.

 

C/Gallagher states nothing at this time.

 

C/Soden states the police activity report from 7/26-8/8 there were 789 calls, 131 motor vehicle stops and 132 tickets were issued.  To date, $138,081.14 has been brought in to our Court.  I spoke to the Chief today and we should be receiving the new 2005 police vehicle sometime in September or October, also Chief Niziolek has been taking applications for Police Officers.  Applications should be received by Tuesday at 8 a.m.  The Chief, Sgt. Settele and myself will be conducting the interviews.

 

C/D’Agostino states nothing at this time.

 

C/Simon states nothing at this time.

 

Correspondence

 

Julie Martin, Municipal Clerk states I received a correspondence from Marpal Disposal regarding Friday December 24th.  Friday is Englishtown’s regular pick up day and the Reclamation Center will be closed.  They are asking for our permission to redirect all waste items to an alternate disposal site.  This would not impede any interruption or inconvenience to the Borough and no additional cost would be incurred.

 

Mayor and Council grant permission, however Mayor Reynolds requests that we receive in writing that there would be no additional expenses.

 

Julie Martin continues, I received correspondence from The Department of Environmental Protection regarding 2005 grants for the State Wide Livable Communities Grant Program.  Primarily there is open space preservation and recreational opportunities.  After speaking with the Borough Engineer I found a couple of years ago we put in an application that wasn’t successful to tidy up Lake Weamaconk Park.  I was wondering if you wanted us to reapply for that.  Standard engineer application fee would apply and we could apply for up to $200,000.00.

 

Mayor Reynolds states to add Resolution to apply for the grant for this evening.

 

Also, Mayor and Council mark your calendars for September 22nd.   We will be having a public hearing on the application for Cablevision.  It will be scheduled for 7 p.m. before the regular scheduled Council Meeting. 

 

The Municipal Auction was held on July 31st at Borough Hall.  We auctioned off 2 old police vehicles, an old dump truck and a phone system.

 

Lastly, I spoke with the Police Chief and C/Soden today regarding a gentleman that called from AFLAC.  Members of the Police Department have showed interest.  I need council’s permission to have this gentleman come in and speak with the Police.  There would be no charge to the Borough; it would come out of the individual’s salary. 

 

Mayor and Council grant permission.

 

Public Portion

 

Mayor Reynolds opens the floor to the public for discussion on 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.

 

Old Business
 
ORDINANCE NO. 2004-06                                                        Public Hearing & Adoption

 

BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF WATER STREET AND APPROPRIATING $170,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $160,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY

 

 

            BE IT ORDAINED by the BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

 

            Section 1.         The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Borough of Englishtown, in the County of Monmouth, New Jersey (the "Borough").  For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $170,000, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $10,000 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq., and $140,000 grant funds expected to be received from the New Jersey Department of Transportation. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more previously adopted budgets.

 

            Section 2.         In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $160,000, pursuant to the Local Bond Law.  In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

 

Section 3.         (a)  The improvements hereby authorized and the purposes for which the obligations are to be issued consist of the reconstruction of Water Street, together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Borough Clerk, as finally approved by the governing body of the Borough.                                

                                    (b)  The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $160,000, as stated in Section 2 hereof.

 

                                    (c)  The estimated cost of the improvements or purposes described in Section 3(a) hereof is $170,000, which is equal to the amount of the appropriation herein made therefor.  The excess of the appropriation of $170,000 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $10,000 down payment.  It is expected that $140,000 grant funds will be received from the New Jersey Department of Transportation

 

            Section 4.         All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Borough, provided that no note shall mature later than one (1) year from its date.  All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

 

            Section 5.         The following additional matters are hereby determined, declared, recited and stated:

 

                                    (a)  The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Borough may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

 

                                    (b)  The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 15 years.

 

                                    (c)  The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Borough Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such Statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $160,000 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

 

                                    (d)  An aggregate amount not exceeding $35,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.

 

                                    (e)   To the extent that moneys of the Borough are used to finance, on an interim basis, costs of said improvements or purposes, the Borough reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto.

 

 

            Section 6.         The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Borough Clerk and is available there for public inspection.

 

            Section 7.         Any grant or similar moneys from time to time received by the Borough for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.

 

            Section 8.         The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and, unless paid from other sources, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount.

 

            Section 9.         This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.

 

Public Hearing

 

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

 

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.

 

Adoption

 

A motion to adopt Ordinance No. 2004-06, above titled, was offered by C/D’Agostino, 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

             Abstain:    None

              Absent:    None

 

New Business

 

Borough of Englishtown

Resolution No. 2004-138

 

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:

 

                        (2) Motorola vhf Mobile Radios with

                        microphones and mounting hardware                                  $1,487.20

 

Purchased From:

 

                                                Quality Communications

                                                Lakewood, 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 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. 2004-139

 

Authorization To Dispose of Surplus

Obsolete Municipal Property

 

            Whereas, the Borough of Englishtown is the owner of the following surplus equipment, which is no longer needed for public use and which has no monetary value; and

 

            Whereas, said items were offered at the Public Auction of July 31, 2004 and remain unsold,

 

(1)   Various computer parts and computer components

(2)   Copy Machine – Konica

 

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that:

 

(1)               The Borough of Englishtown hereby declares the above described surplus equipment is no

            longer needed for public use.

(2)               The Borough of Englishtown shall authorize the Public Works Department to dispose of the

            excess surplus obsolete municipal equipment in a manner that shall provide for it’s permanent  

            disposal.

(3)               The resolution shall take effect immediately.

  

Offered By:                  C/D’Agostino

 

Seconded By:               C/Soden

 

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. 2004-140

 

2003 Audit of the Borough of Englishtown,

Division of Local Government

 

            Whereas, N.J.S.A. 40a:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

 

            Whereas, the annual report of audit for the year 2003 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40a: 5-6, and a copy has been received by each member of the governing body, and

 

            Whereas, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27bb-34, and

 

            Whereas, the Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations

 

And

 

            Whereas, the members of the Governing Body have personally reviewed as a minimum the annual report of audit, and specifically the sections of the annual audit entitled:

 

General Comments

Recommendations

 

            As evidenced by the group affidavit form of the Governing Body, and

 

            Whereas, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

 

            Whereas, all members of the Governing Body have received and have familiarized with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

 

            Whereas, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27bb-52 – to wit:

 

            R.S. 52:27bb-52 – “A local Officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”                              

           

            Now, Therefore, Be It Resolved, that the Governing Body of the Borough of Englishtown, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance.

 

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. 2004-141

 

Resolution Accepting Corrective Action Plan

 

            Whereas, The 2003 Audit of the Borough of Englishtown conducted by Hutchins,  Farrell, Meyer & Allison, contained certain recommendations requiring action; and

 

            Whereas, these recommendations have been reviewed by the Borough's Chief Financial Officer; and

 

            Whereas, the Chief Financial Officer, in accordance with the requirements promulgated by the N.J. Division of Local Government Services has developed a plan to address the recommendations listed by the Auditors.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Corrective Action Plan for the 2003 Municipal Audit, hereto attached, is hereby approved and accepted.

 

 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. 2004-142

 

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 $398,996.05 be and

                   the same are hereby authorized to be paid on August 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

 

Public Portion

 

The Mayor opened the floor to the public for any items they wish to bring to the attention of the governing body.

 

Joanne Damante, Heritage Drive states over the past few months we have had a lot of vandalism in our development.  A boat was vandalized, a cinder block was thrown threw a car window, mailboxes knocked down, homes paint balled etc. I spoke with the Mayor regarding this yesterday.  I feel there isn’t enough police coverage in our town and I would like something done about this.  I don’t feel safe.

 

Mayor Reynolds responds, we have just authorized an eighth officer who should be on board by October.  We have to look at funding for next year and address this issue at the budget workshop.

 

C/Soden states there is only one way to get additional officers now, like you want and that would be to get a referendum to raise the taxes.

           

C/Gallagher asks is there a study or formula as to what the appropriate numbers of police officers are for a town, giving square footage of town and population?  If there is a study and it says we need 10, then we should be able to argue with the State that we have reason to go over the CAP.

 

John Bennett, Borough Attorney responds the P.B.A., The Chief’s Associations or Community Affairs generally does these studies.

 

Joanne Damante continues my concern is, if an officer is tied up with an arrest and there is only one officer on duty, who’s patrolling our streets?

 

Mayor and C/Soden answer no one.  To make corrections to our Police Force we need to look at our budget for 2005.  We also have to look into the new development coming into town and see what type of impact that will have.  The Council is working hard to address all these issues.

 

Discussion continues.

 

Grant Gallagher, 5 McDonald Way addresses Mayor and Council with question regarding the paint ball incident.  Mayor Reynolds responds.

  

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

                   Nays:             None

                Absent:             None

               Abstain:             None

 

The time being 8:10 P.M.

 

There being no further business in Executive Session, a motion to return to open session was offered by C/Simon, seconded by C/D’Agostino. Passed unanimously.

 

The time being 8:30  P.M.

 

The following Resolution was added following Executive Session.

 

Borough of Englishtown

Resolution No.  2004-143

 

Authorizing the Borough Engineer to Complete Application

For FY 2005 New Jersey Department of Environmental Protection’s Statewide Livable Communities Grant

 

            Whereas, the FY 2005 New Jersey Department of Environmental Protection has provided funds for the maintaining and upgrading of municipal open space, parks and playgrounds.

 

            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 Department of Environmental Protection for funding under the Statewide Livable Communities Fund, in the sum of  $50,000.00 (fifty thousand dollars) to improve the passive recreational facilities of Lake Weamaconk Park, for the year 2005.

 

            Be It Further Resolved that if this application is approved and accepted by the New Jersey Department of Environmental Protection, the Borough of Englishtown agrees to abide by the terms and conditions set forth in the application.

 

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

                   Nays:    None

                Absent:    None

               Abstain:    None

 

 

Adjournment

 

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

 

The time being 8:36 P.M.

 

 

 

        October 27, 2004                                                    ________________________

Approved by Governing Body                                          Clerk