* A G E N D A *

 

OCTOBER 13, 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 – June 23, 2004 and July 14, 2004

 

5.         Committee Reports

 

6.                 Correspondence

 

7.                 Public Hearing – M.O.M. Rail Line

 

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 2004-156

Appointment of Municipal Clerk

 

B.     Resolution Number 2004-157

Authorizing Tax Refund – 14 Dey St.

 

C.     Resolution Number 2004-158

Authorizing Redemption of Tax Sale Certificate

 

D.  Resolution Number 2004-159

Authorizing Redemption of Tax Sale Certificate

 

E   Resolution Number 2004-160

Appointment of P/T, Temporary Tax Collector – Janice Garcia

 
F.       Resolution Number 2004-161

Authorization of Purchases Over $800 – Radios For Police Dept.

 

G.     Resolution Number 2004-162     

Authorization of Purchases Over $800 – Street Sweeping - DPW

 

H.     Resolution Number 2004-163

Providing for Insertion of Any Special Item of Revenue In

The Budget of Any County or Municipality Pursuant to

N.J.S. 40A:4-87 (Chapter 159, P.L. 1948)

 

I.        Resolution Number 2004-164

Authorizing Payment of Borough Bills

 

J.       Resolution Number 2004-165

Granting Approval for Raffle Application RA2004-01

 

K.    Resolution Number 2004-166

Providing For The Sale of Refunding Bonds

 

L.      Resolution Number 2004-167

Authorizing Borough Engineer to Prepare, Advertise and

Receive Bids For Municipal Generator

 

          10.         Tax Collectors Report – Month of August, 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 – June 23, 2004 and July 14, 2004

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of June 23, 2004 and July 14, 2004 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

             Abstain:    None

              Absent:    None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states nothing at this time.

 

C/Gallagher states Resolution No. 2004-160 is on the agenda tonight for the appointment of a part time temporary tax collector.  Our tax collector is ill and will probably be out for some time and Janice Garcia will be filling in for her.  Janice requested that she work the Tuesday night schedule and Thursday morning from 8 – 11 instead of Saturday morning.  I feel it would be a help to have her here during the day once a week and it would be helpful to the staff, residents and mortgage companies.  If council doesn’t have any objections, I will tell Janice that schedule would be fine.

 

Council approves.

 

C/Soden states the police activity report from 9/20 – 10/10, there were a total of 682 calls, 110 motor vehicle stops and 115 tickets were issued.  On Monday we received the new police car and we hope to have it on line by the end of November.  The court to date has brought in $165,516.54

 

C/D’Agostino states nothing at this time.

 

C/Simon states nothing at this time.

 

Correspondence

 

Julie Martin, Municipal Clerk states I would like to make a couple corrections to the Focus that went out last week.  It said regarding snow accumulations, cars should not be parked on the street if there is 27 inches; should’ve been 2 inches and the tax assessors hours read 6 a.m. – 8 p.m.; it should’ve read 6 p.m. – 8 p.m. on Tuesday.  On another note, the annual flu clinic is set for October 21st between the hours of 10 – 11 a.m.  Anyone 65 years of age or older, 6 – 23 months or anyone considered at high risk and that has a note from their physician will be eligible.  You also must be an Englishtown resident or a town that is serviced by the Monmouth County Health Department.  As you are all aware there is a great shortage of the vaccine and the Health Department will be checking I.D.’s.  Lastly, there was a flyer that went around town, which I received many calls about.  I would like it on record that this flyer was not sent out by me and it is not my opinions.

 

Jayne Carr, resident on Main Street, states on the record, I put the flyer out.

 

Public Hearing – M.O.M. Rail Line

 

Mayor Reynolds introduces Ted Narozanick, County Freeholder, Bonnie Goldschlag, Monmouth County Planning Board and Patrick Torpey, Strategy Group to give a brief overview on the M.O.M. rail line.

 

Bonnie Goldschlag, the assistant planning director of the Monmouth County Planning Board begins the presentation.  I am pleased to have this opportunity to express the Board of Chosen Freeholders and Planning Boards strong support of the Lakehurst to Monmouth Junction passenger rail alternative that we refer to as M.O.M.  As indicated in the new released Western Monmouth Development plan, by 2020 population in this area will grow by 22% while jobs will increase by 37% and traffic volumes on our already heavily congested Route 9 will increase by 42%.  Route passenger rail service is needed immediately to provide an alternative means of travel for all residents in this area.  The Lakehurst to Monmouth Junction alternative will provide a great choice of travel destinations for residents of our region such as:  northern New Jersey, New York, universities, and medical, cultural and sports facilities in New Brunswick, Princeton, Trenton, Camden and Philadelphia.  Economic studies throughout New Jersey have clearly demonstrated that passenger rail will bring economic benefits to all residents of Western Monmouth, including Englishtown.  Residential properties will increase, retail sales will grow and business and jobs will be attractive to the downtown.  For every $15 million spent on passenger rail construction $100 million will be returned to the local and national economy.  We need M.O.M. now to continue to enhance the quality of life of this exceptional area of the state.

 

Patrick Torpey of The Strategy Group continues with the presentation.  The Strategy Group is a group of supporters for the M.O.M. rail line.  The major investment study, which was finished in 1996 by N.J. Transit, outlined the transit needs of the region.  These needs, which were identified, have still not been met.  The belief is that M.O.M. will divert automobile trips into transit trips therefore having a positive impact on the quality of life.  73% of New Jersey’s almost four million commuters travel alone to work everyday.  I believe the solution to the problem that we are facing is to provide transit options to areas that do not have it.  The Monmouth Junction alignment will provide this option.

 

C/Simon reads a statement that he has written.  We have been asked to blindly support a train line that is being forced upon us.  N.J. Transit has not told us where the station and parking will be, what will be done to safeguard our residents and protect the sanctity of their homes such as sound barriers for the noise, no mention of the frequency of the trains, the 396 school buses that have to cross these tracks daily etc.  N.J. Transit has requested a meeting with council.  Council refused to have a private meeting behind closed doors.  Council wanted the public to be present, however N.J. Transit refused.  With so many unanswered questions, how can we support this project?

 

Open Public Portion – M.O.M. Rail Line

 

Jayne Carr, 8 Main Street states I respectfully disagree with C/Simon.  For 2 years there has been public hearings held at all the towns along the line.  Englishtown has been asked to come to a public meeting and only 2 or so people from Englishtown were present.  At Englishtown’s Fall Festival there were booths of supporters for M.O.M. and also people opposed to M.O.M. so residents could hear both sides.   I have a petition with over 80 residents of Englishtown in favor of M.O.M. 

 

Mary Deak, 17 Heritage Drive states in today’s Asbury Park Press “Ridership declines on light rail line”. This is the Trenton to Camden line, which everyone thought was a great idea.  No one rides them.  It was a waste of money.

 

Joanne Damante, 19 Heritage Drive states I have a petition with 185 signatures of Englishtown residents opposed to M.O.M.   I thank C/Simon for what he said.  I hope council agrees with him.  We don’t want a train running through our town.

 

Lisa Delbianco, 29 Heritage Drive states our town is too congested already.  There are too many unanswered questions regarding M.O.M.  Until all these questions are answered, I oppose it.

 

Robert Barbiero, 22 Heritage Drive states I moved to Englishtown for a few reasons one being the tranquility and quaint little town atmosphere, which having a train running through it would be like living in the city. 

 

Earl Brown, 27 Hamilton Street states 10 years and 5 years ago I sat in this room and listened to a discussion about the rail line.  Both times the overwhelming majority of public opinion in the region was for the rail line.  In ten years there has been a huge increase of population in Monmouth County.  There is a lot more traffic coming through our town.  Asthma and other respiratory diseases, especially among children continue to rise.   New Jersey cannot meet its’ ozone requirements.  Gas prices are rising.  The number one quality of life issue for this town is traffic.  We all know and deal with it daily.  When surrounding towns decide to throw up more developments, do you think for one second they think of small Englishtown and what impact it will have with more traffic flowing through our town?  No, they don’t.  There is no available land anywhere in Englishtown to host a railroad station.  The station would go somewhere along the border of Freehold and Manalapan township and they are going to fight vigorously to get it.  This is a regional problem and we have to address it as a regional solution.

 

Mark DiGenero, 4 Elizabeth Place, Manalapan states I feel after listening to tonight’s comments from the residents that Englishtown is looking at this issue very negatively.  There was always the possibility of a commuter train traveling on these tracks; I personally would not have purchased a home by train tracks.

 

Dan Kirwin with The N.J. Association of Railroad Passengers and resident of Jamesburg states I think N.J. Transit needs to come to a meeting and provide everyone with all the information they are looking for.  The Mayor and Council of Jamesburg are opposed to this rail line for the fear of safety and property values, however there are a lot of residents who are in favor of the train.

 

Earl Brown, 27 Hamilton Street states back when the application before the planning board was being heard for the Heritage Drive development I made sure that before preliminary and final approvals were granted, the developer was required to tell any new buyer that there was the potential for a commuter train along that rail line.  Some residents were told and some weren’t.  I wanted it as a deed restriction, however I was told by the planning board attorney, Mr. Youssouf, that it was not legal to do.  I want to address a few things to the people supporting this rail line; these people have concerns that must be addressed.  I really don’t want to see a rail line going through Englishtown, however I realize the inevitable.  I’ve been a resident for 48 years and there has been a lot of change; traffic, noise, air pollution, congestion.  There are a lot of questions that need to be addressed to satisfy and protect these residents.  Buffering and fencing has to be agreed on by all parties.  The speed of the trains has to be restricted to a safe level.  The schedule of the trains has to be agreed on.  Lights and gates must be installed at all crossings.  Improvements must be made and certified to the rail beds.  The question I have is what is the alternative.  This is a regional problem.  We can’t sit and do nothing.  In ten years what will the traffic, air pollution, and wear and tear on the roads be like?  Unless we can get Manalapan, Monroe and all the other towns in this area to stop building we need alternative means of transportation.  We have to get people out of their cars and onto mass transit somehow. 

 

Public Portion continues and additional statements were given by Christina Picci – 20 Heritage Drive, Darren Pecoraro – 9 Heritage Drive, Jenny Risoto – 25 Heritage Drive, Adam Chu – 15 Heritage Drive, Ellen Barbiero – 22 Heritage Drive, and Lisa Delbianco  29 Heritage Drive, all in opposition of the M.O.M. Rail Line.

 

Patrick Torpey, The Strategy Group states I have just a few comments The public hearings hosted by N.J. Transit that we’ve been to, I don’t believe there was to be a station stop in Englishtown.  After what we’ve been hearing tonight, it seems there are a lot of unanswered questions.  I feel that you should take N.J. Transit up on a meeting, which you’ve been so hesitant on doing, to address these questions.

 

C/Gallagher interjects; we have not been hesitant to meet with them.  Every time they want to meet with us they want to meet behind closed doors.  We want our residents to be able to be here and hear what they have to say.

 

Bonnie Goldschlag, Monmouth County Planning Board states I think everyone has very valid questions and concerns that need to be addressed before making a decision.  There are stations proposed for Freehold Township, Freehold Borough and Manalapan.  There are none that we heard of proposed in Englishtown.  I agree that N.J. Transit must come to a meeting and answer these questions for you.  There were a lot of safety issues that were raised and are valid concerns.  Studies over the last 100 years show that property values go up if they are located by a train station, they do not go down.  We have the research that we can supply anyone interested.  We will back you and ask N.J. Transit to come down to a public meeting and talk to you because you need the facts straight from N.J. Transit, the organizer of this project.

 

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

 

Open Public Portion – Limited to Agenda Items Only

 

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

 

Officer Peter Cooke asks what the resolution was regarding the generator.

 

Mayor Reynolds responds it authorizes the engineer to go out and solicit bids to purchase a generator that will supply emergency power to this building in the event we have a sustained outage.  This building is designated a safety area.

 

Officer Cooke asks if council if they know how long this will take because there was a situation earlier this week where wires went down and this building was without.  At the time I was with a prisoner.  We only have one set of emergency lights; therefore I had to drive the prisoner to Manalapan to process him.  The other police officer was directing traffic.  We really need to know the time frame for this generator.

 

Julie Martin, Municipal Clerk responds, the specifications have been completed.  The advertisement for bids goes in the newspaper tomorrow and the bid opening is October 27th.  Providing we receive the necessary bids, I believe by the end of the month the process will be underway.  The specifications are in my office if you want to look at them.

 

Officer Cooke asks if the unit will power the whole building.

 

Mayor Reynolds responds yes, the whole building.

 

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

 

New Business

 

Borough of Englishtown

Resolution No. 2004-156

 

Appointment of Municipal Clerk

 

            Whereas, there is a need to appoint a Borough of Englishtown Municipal Clerk; and

 

            Whereas, it is the recommendation of the Finance, Personnel and Administration Committee that Julie Martin be re-appointed to said position.

 

            Whereas, Julie Martin is in receipt of the necessary State Certification; and

 

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

 

1.      Julie Martin is hereby re-appointed Municipal Clerk of the Borough Of Englishtown.

 

2.  That said appointment is for the term of office pursuant to N.J.S.A. 40A:9-133 for a three (3) year term commencing October 22, 2004.

 

3.   Said employee shall be paid an annual salary in accordance with the Borough Salary Ordinance, payable bi-weekly.

 

4.      That a certified true copy of this resolution will be supplied to Julie Martin and the Borough Chief Financial Officer.

 

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 Number 2004-157

 

Resolution Authorizing Refund of 2003/2004

Taxes Erroneous Payment On Property

 

            Whereas, the Borough of Englishtown Tax Collector has reported an erroneous payment of $645.47 on property Block 9, Lot 9-02, that taxpayer paid to 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 $645.47 be refunded to Angel and Lelis Gonzalez of 14 Dey St., Englishtown, NJ  07726, as they paid taxes on property and they were to be paid by the mortgage company; 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/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                 Nays:    None  

             Abstain:    None

              Absent:    None

 

Borough of Englishtown

Resolution No. 2004-158

 

A Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificates have been sold to Wachovia Bank, NA MD SASS IV, 123 South Broad Street PA 1328, Philadelphia, PA  19109:

 

            On Block 6,  Lot 1 Redemption in the amount of $36,390.69 for:

 

                        Tax Sale Certificate Number 4-01 for $24,247.46

                        Tax Sale Certificate Number 02-5 for $12,143.23

 

            Whereas, the above mentioned certificates have been paid and Wachovia Bank, NA MD SASS IV, 123 South Broad Street PA 1328, Philadelphia, PA 19109 is entitled to a refund of $36,390.69.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $36,390.69 to Wachovia Bank, NA MD SASS IV, 123 South Broad Street PA 1328, Philadelphia, PA 19109.

 

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

                 Nays:     None     

              Absent:     None   

             Abstain:     None     

 

Borough of Englishtown

Resolution No. 2004-159

 

A Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Culmac Investors, P.O. Box 251, Monmouth Beach, NJ  07750:

 

                              Tax Sale Certificate Number 4-03 on

      Block 6, Lot 13-01 in the amount of       $785.87

 

            Whereas, the above mentioned certificate has been paid and Culmac Investors, P.O. Box 251, Monmouth Beach, NJ  07750 is entitled to a refund of $785.87.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $785.87 to Culmac Investors, P.O. Box 251, Monmouth Beach, NJ  07750.

 

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

                Nays:   None                              

             Absent:   None                 

            Abstain:   None

 

Borough of Englishtown

Resolution No. 2004-160

 

Appointment of Part-Time, Temporary Tax Collector

 

            Whereas, there is a need for a part-time Tax Collector; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Chairperson to appoint Janice Garcia temporarily 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 Janice Garcia be appointed Temporary Tax Collector as follows:

 

1.           Appointment shall be effective October 5, 2004 until Council deems necessary.

 

            2.        The position will be an estimated 6-12 hours per week.

           

            3.        That said employment is temporary and shall be paid $25.00 an hour, payable bi-weekly in

                       accordance with the salary Ordinance.

 

            Be It Further Resolved that a certified true copy of this resolution be forwarded to Janice Garcia and the Borough Chief Financial Officer.

 

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. 2004-161

 

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) HT1250 Portable Radios             $1,350.00

                                    Police Department

           

Purchased From:  

Quality Communications

1985 Swarthmore Ave., Ste 4

Lakewood, NJ  08701

 

            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. 2004-162

 

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:

 

                                    Street Sweeping                     Not to Exceed:   $800.00

                                    Public Works Dept.

 

Purchased From:                   Ocean Power Sweeping

                                                Jackson, NJ  08527

 

            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/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. 2004-163

 

Resolution Providing for the Insertion of Any Special Item of

Revenue In the Budget of Any County or Municipality

Pursuant to N.J.S. 40A:4-87 (Chapter 159, P.L. 1948)

 

Whereas, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

 

Whereas, said director may also approve the insertion of any item of appropriation for equal amount.

 

Now, Therefore, Be It Resolved that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2004 in the sum of Three ($3,000.00) Dollars; which item is now available as a revenue from the Reserve from Builders Contributions for the sole purpose of authorizing the Borough Engineer to prepare, advertise and receive bids for the purchase of a generator for the Borough of Englishtown Municipal building.

 

Be It Further Resolved that a like sum of Three ($3,000.00) Dollars be and the same is hereby appropriated under the caption of Engineering, O/E.

 

Be It Further Resolved that two (2) certified copies of this Resolution be forwarded to the Director, Division of Local Government Services.

 

Offered By:         C/D’Agostino

 

Seconded By:      C/Gallagher

 

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. 2004-164

 

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 $164,446.28 be and

                   the same are hereby authorized to be paid on October 13, 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. 2004-165

 

Resolution of the Mayor and Governing Body

Granting Approval for Raffle Application No. RA2004-01

 

            Whereas, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 20, 2004; and

 

            Whereas, the Battleground Historical Society has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

 

            Whereas, the Mayor and Governing Body of the Borough of Englishtown finds that the Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

 

            Whereas, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

 

            Whereas, there is satisfactory proof that the Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

 

            Whereas, The Battleground Historical Society has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment leaser, should there be one, has been approved by the Control Commission; and

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2004-01 for the Battleground Historical Society be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as prescribed by N.J.A.C. 13:47-4.3 (b); and

 

            Be It Further Resolved, that a copy of Raffle License RA2004-01 be forwarded by the Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

 

Be It Further Resolved, on the fifteenth day after Raffle Application No. RA2004-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2004-01 may be issued to the Battleground Historical Society and copies of said license shall be distributed to the Licensee, the Municipal Clerk, and the Borough of Englishtown Police Department.

 

Offered By:                  C/Soden

 

Seconded By:               C/Gallagher

 

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. 2004-166

 

RESOLUTION PROVIDING FOR THE SALE OF REFUNDING BONDS OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY, AUTHORIZED BY REFUNDING BOND ORDINANCE NO. 2004-02 OF THE BOROUGH; PROVIDING FOR THE SALE OF $1,770,000 OF THE BOROUGH’S GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004; AWARDING, AUTHORIZING AND CONFIRMING THE EXECUTION AND DELIVERY BY THE BOROUGH OF A PURCHASE CONTRACT, OFFICIAL STATEMENT AND MUNICIPAL BOND INSURANCE COMMITMENT; AND PROVIDING FOR OTHER DETAILS OF SAID REFUNDING BONDS AND RELATED MATTERS

 

 

WHEREAS, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”) of the State of New Jersey authorizes the issuance by the Borough of Englishtown, in the County of Monmouth, New Jersey (the “Borough”) of bonds for the purpose of refunding outstanding bonds of the Borough; and

 

WHEREAS, in accordance with the Local Bond Law, the Borough Council has heretofore finally adopted on April 14, 2004, Bond Ordinance No. 2004-02 (the “Refunding Ordinance”) authorizing the issuance by the Borough of refunding bonds in an amount not to exceed $2,000,000 for the purpose of refunding a portion the Borough’s USDA General Improvement Bonds, including the following: (a) $649,000 General Improvement Bonds dated September 26, 1997, and $149,000 General Improvement Bonds dated September 26, 1997, the proceeds of which were used for the acquisition and construction of the Borough’s municipal building; (b) $366,500 General Improvement Bonds dated March 11, 1975, and $235,000 General Improvement Bonds dated June 1, 1983, the proceeds of which were used for sewer improvements to the Borough’s sewer system; and (c) $633,900 General Improvement Bonds dated August 24, 1988, $89,600 General Improvement Bonds dated August 24, 1988, and $100,000 General Improvement Bonds dated August 24, 1988, the proceeds of which were used for various improvements to the Borough’s water system (the “Refunded Bonds”), to provide debt service savings for the Borough; and

 

WHEREAS, pursuant to the Local Bond Law, the Borough has sought and obtained approvals on April 14, 2004 from the Local Finance Board of the Department of Community Affairs of the State of New Jersey (the “Local Finance Board”) of the adoption by the Borough Council of the Refunding Ordinance and the issuance of obligations thereunder; and

 

WHEREAS, by Resolution No. 2004-152 adopted September 8, 2004 (the "Bond Resolution"), the Borough provided for the issuance of not to exceed $2,000,000 of the Borough’s General Obligation Refunding Bonds to refund the Refunded Bonds; and

 

WHEREAS, the Borough now desires to authorize and confirm (i) the sale and issuance of the Refunding Bonds, (ii) the execution of a bond purchase contract (the "Purchase Contract") with RBC Dain Rauscher, as the purchaser of the Refunding Bonds (the "Purchaser"), (iii) the execution and distribution of an official statement (the "Official Statement"), (iv) the amendment of the Bond Resolution and (v) the acceptance of a municipal bond insurance commitment with Ambac Assurance Corporation.

 

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all members thereof, affirmatively concurring), AS FOLLOWS:

 

Section 1. The Borough hereby authorizes the issuance of the Refunding Bonds of the Borough in the aggregate principal amount of ONE MILLION SEVEN HUNDRED SEVENTY THOUSAND DOLLARS ($1,770,000), and the Bond Resolution is hereby amended accordingly.

 

Section 2. The Refunding Bonds shall be designated as “General Obligation Refunding Bonds, Series 2004, consisting of $725,000 General Improvement Refunding Bonds, Series 2004, $295,000 Sewer Utility Refunding Bonds, Series 2004 and $750,000 Water Utility Refunding Bonds, Series 2004," and shall be issued in the aggregate principal amount of $1,770,000.  The Refunding Bonds shall be dated October 15, 2004 (and the Bond Resolution is hereby amended accordingly), shall be numbered from 1 upward in the denomination of $5,000 or any multiple of $5,000 in excess thereof, shall be issued as fully-registered bonds and shall mature on August 15 in each of the years and in the principal amounts, and shall bear interest at the rates as follows: 

 

Year

 

Amount

Interest

Rate

 

Year

 

Amount

Interest

Rate

2005

$25,000

2.00%

2012

$80,000

3.35%

2006

45,000

2.00

2013

80,000

3.50

2007

60,000

2.15

2014

80,000

3.60

2008

75,000

2.40

2019

370,000

4.10

2009

2010

2011

 

80,000

75,000

75,000

 

2.75

3.00

3.20

2024

2028

 

395,000

330,000

 

4.50

4.75

 

            Section 3. The Refunding Bonds are subject to redemption prior to their stated maturity as provided for in the Preliminary Official Statement dated October 4, 2004. 

 

Section 4.  The distribution by the Borough of the Preliminary Official Statement dated October 4, 2004, and the use of an Official Statement in substantially the form of the Preliminary Official Statement presented to this meeting are hereby approved with such changes as counsel may advise, and the use of the information contained therein concerning the Borough in connection with the sale of the Refunding Bonds are hereby approved and authorized and the Mayor, the Chief Financial Officer and the Borough Clerk of the Borough are hereby authorized and directed to execute and deliver to the Purchaser of the Refunding Bonds the final Official Statement with such changes as counsel may advise and the officer executing the same may approve, such approval to be evidenced by such officer’s execution thereof.

 

Section 5.  The Borough is hereby authorized to accept, execute and deliver the commitment (the “Commitment”) dated September 30, 2004 for municipal bond insurance to Ambac Assurance Corporation ("Ambac").   As a means to further secure the payment of the principal of and interest on the Refunding Bonds, and in consideration for the issuance of the Municipal Bond Insurance Policy by Ambac insuring the payment when due of the principal of and interest on the Refunding Bonds (the "Bond Insurance Policy"), for so long as any Refunding Bonds shall remain outstanding and the Bond Insurance Policy relating thereto shall be in effect and Ambac remains in compliance with its obligations under said Bond Insurance Policy, and unless waived in writing by Ambac notwithstanding any provision in this Resolution to the contrary, the Borough hereby agrees to the terms of the Commitment, including the obligations of the Borough thereunder, and under the Bond Insurance Policy, if any.  The Chief Financial Officer or the Borough Clerk of the Borough is authorized to accept the commitment from Ambac and to comply with the terms thereof.

 

Section 6.  The Purchase Contract with respect to the Refunding Bonds, substantially in the form submitted to the Borough Council at this meeting, is hereby approved, accepted and confirmed, subject to such changes and corrections as are deemed necessary or appropriate by the Mayor, the Chief Financial Officer and/or the Borough Clerk after consultation with the Borough’s counsel and/or bond counsel, his, her or their execution thereof to be conclusive evidence of such acceptance and approval.  The Refunding Bonds are hereby awarded to RBC Dain Rauscher, Florham Park, New Jersey (the "Underwriter"), upon the terms set forth in such Purchase Contract, which provides for a purchase price of $1,738,095.61 (the $1,770,000 par amount of the Refunding Bonds, less reoffering premium (discount) of $17,661.05, less underwriter’s discount of $19,600, plus accrued interest of $756.66 from October 15, 2004 to the date of issuance of the Refunding Bonds)..

 

Section 7.  The Mayor, the Chief Financial Officer and the Borough Clerk of the Borough are hereby designated, authorized and directed to perform or determine any other matters or details relating to the Refunding Bonds and are authorized to execute, among other things, a non-arbitrage certificate certifying that, among other things, the Borough, to the extent it is empowered and allowed under applicable law, covenants that it will do and perform all acts and things necessary or desirable for the purpose of monitoring compliance to assure that interest paid on the Refunding Bonds is excludable from gross income under the Internal Revenue Code of 1986, as amended.

 

Section 8.  This resolution shall take effect immediately.

CERTIFICATE

I, JULIE MARTIN, Clerk of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, HEREBY CERTIFY that the foregoing is a true and compared copy of an original resolution now on file and of record in my office which was duly adopted at a meeting of the Borough Council of the Borough of Englishtown, on the 13th day of October, 2004.

 

I DO HEREBY CERTIFY that said Borough Council consists of 6 members and that 6 members thereof were present at said meeting and that 6 members voted affirmatively for the adoption of said resolution.

 

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this 13th day of October, 2004.

 

___________________________________

JULIE MARTIN,

Borough Clerk

 

Borough of Englishtown

Resolution No. 2004-167

 

Resolution Authorizing the Borough Engineer to

Advertise and Receive Bids For A Generator

For Municipal Building

 

            Whereas, the Borough of Englishtown desires to purchase a generator for the Municipal Building at 15 Main Street, Englishtown, NJ, and

 

            Whereas, the Mayor and Council has authorized the Borough Engineer to prepare bid documents for the Project.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that the Borough Engineer is hereby authorized to prepare, advertise and receive bids for the Project; and

 

            Be It Further Resolved, that engineering fees for this process are not to exceed $3,000.00.

 

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

                 Abstain:       None

                  Absent:       None

           

Tax Collector’s Report

Month of August, 2004

 

                                    Current Taxes   2004                880,831.13

                                    2003 Taxes                                   9,159.27

                                    2002 Taxes                                      217.82

                                    Prepaid Taxes                               3,624.94

                                    Interest & Cost on Taxes               2,397.31

                                    Third Party Lien                           59,190.62

 

                                    Total Cash Receipt                   $955,421.09

 

 Public Portion

 

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

 

Mary Deak, 17 Heritage Drive states the road in front of my home seems to be sinking.  What can be done about this?

 

Mayor Reynolds responds, I will have the Borough Engineer contacted.

 

Jeff Hanlon, Englishtown Police Dept. states I just want to bring to the council and public’s attention that on October 7, 2004, Officer McGuiness and Officer Cooke had a situation in which they were in the middle of an arrest in headquarters and the power went off in the building.  Someone came banging on the Municipal Buildings door and apparently there was a transformer down which caused this outage to occur.  Officer McGuiness went to direct traffic and Officer Cooke was in headquarters with no lights with a DWI victim.  While this was going on a call came in for an unresponsive fall victim.  Forty-one minutes later the State Police arrived because they were the only ones that could answer the call.  When the State Police arrived they stopped and asked Officer McGuiness who was directing traffic, where the house was.  If Officer McGuiness wasn’t in the road they would be driving around town for who knows how long trying to respond to this 911 call.  This brings up an issue of needing more manpower for Englishtown’s Police Force.  Officer Martinson will discuss this issue further.

 

Mayor Reynolds responds, this needs to be addressed to the Chief, who will then address it to us.  This is the first we are hearing of such a problem.  We don’t have a manpower issue, we have one officer who was injured in a car accident and we recently hired an eighth officer, and are just waiting for the candidate to be approved.

 

Patrolman Martinson of the Englishtown Police Department also the PBA representative for the Local 166. It is to my knowledge that back on September 8, 2004 council was presented with a copy of the patrol workload analysis, which C/Gallagher stated on the record that when the study came back saying we needed more manpower it would be corrected.  To my knowledge as of today, neither the Chief of Police, nor myself have received a response regarding this study.

 

C/Gallagher states, what I did say was if there was a study done justifying an increase in the police department that the study would support our asking the State if we can go over the CAP.  We have staffed the Police Department at the level that your Chief has requested.  The Chief does the budget for the police department and we approved his budget in full.  Last year there was nothing we denied the Police Department.

 

Discussion continues between Mayor Reynolds, Council and Patrolman Martinson.

 

Joanne Damante, Heritage Drive states I feel there should always be 2 police officers on duty. 

 

Earl Brown, Hamilton Street states a couple of months ago Manalapan presented a proposal to expand the Manalapan Recreation.  They would be adding 8 baseball fields and 4 soccer fields.  My concern, are these new fields going to have lights?  If they decide to light those additional fields it is going to be very bright in Englishtown. 

Also I want the public to know that in the event of an emergency, the firehouse is also a safe haven for the residents to go to.  There is a large air force diesel generator that was put in when that building was first built that will supply power to the building and equipment.

 

Nicholas Appice, Heritage Drive states I would like to know why there is such a high turnover rate with the Englishtown Police Officers.  I don’t feel the council is doing enough to keep officers in this town.  They work by themselves at night.  That should never be.  I feel that is a real safety issue for the police department.  I feel there is a miscommunication with the Chief and Council.

 

Mayor Reynolds responds I resent that; there is no communication problem.  There is a budget process in which each department head submits his/her budget to the council.  The Mayor and Council then review the budget.  The Police Departments budget has not been cut since I’ve been the Mayor, over five years.  We added additional officers and cars as the Chief requested.  

 

C/Gallagher responds, like I said before, we gave the Chief everything he asked for in his budget.  If this is an issue he should request more officers to be hired in 2005.  If council denies his request, then come back and ask us why.

 

Discussion continues between Nick Appice and Mayor & Council regarding the Police Department.

 

Paula Kuchinski, Hamilton Street stated the cement was repaired outside my home back in October.  The mixture they put down was paper-thin and then it was painted over.  If this does not hold up, I will have to pay to fix it.  How long are they holding a bond?

 

C/Soden responds we are holding the bond for 1 year from the day it was done, which was October 5th.  We are holding a $26,000.00 bond to make sure that new product is going to work.

 

Paula Kuchinski continues, Mayor and Council also need to discuss having a 5-year plan for Englishtown.  This town needs one.

 

Officer Martinson, Englishtown Police Department states to respond to some of the residents questions, in three years this department has lost 5 officers.  I feel that is a high ratio for a small department.  The reason for them leaving is the top salary was $25,000.00 and they couldn’t support their families on that income.

 

C/Gallagher asks Officer Martinson what his vote was on the last contract negotiation.

 

Officer Martinson responds he was not able to participate in that vote.

 

C/Gallagher adds the majority voted in agreement on that contract.  If the PBA didn’t agree we would not have the contract and we would have went into arbitration.  We aren’t paying anyone any less then they were willing to accept.  We negotiated a substantial increase.

 

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/Palmieri.  Passed unanimously.

 

Executive Session

 

There is no executive session needed this evening.

 

Adjournment

 

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

 

The time being 9:20 P.M.

 

 

 

________________________                                          ________________________

Approved by Governing Body                                          Clerk