* * * A G E N D A * * *

 

September 14, 2005

 

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: July 13 and July 27, 2005 meeting

 

5.                  Committee Reports

 

6.         Correspondence

 

7.         Open Public Portion/Limited to Agenda Items Only

Limited to Five (5) Minutes per citizen to be determined at Borough Council's discretion.  Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

8.         New Business:

 

A.     Resolution No. 2005-136

Authorizing Joint Application of a Share Feasibility Study Program Grant to Determine Feasibility of Shared Services with Manalapan Township

                              

B.  Resolution No. 2005-137

      Waiver Of License and Fees For Peddlers at Englishtown Fall Festival       

 

C.   Resolution No. 2005-138

Requesting Approval of Items of Revenue and Appropriation

NJS 40A:4-87

 

D.     Resolution No. 2005-139

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 7:31 P.M.

 

Roll Call:  Present:        C/Soden, C/Rucker, C/Gallagher, C/Simon, 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

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of July 13, 2005 and July 27, 2005 was offered by C/Simon and seconded by C/Soden.  Passed on the following roll call:

 

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

                      Nayes:    None

                    Abstain:    None

                     Absent:    None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states the Patriots Day Memorial Service went very well and I thank everyone for joining us including Mayor Reynolds and Council members who attended.  The Fall Festival will be on October 1st and we have presently received vendor fees totaling $1475.00 and we have received donations in the amount of $1650.00. 

 

C/Gallagher states nothing at this time.

 

C/Soden states nothing at this time.

 

C/Simon states the police activity report there were 713 motor vehicle stops.  Also the 2001 police vehicle has been giving us problems and we have to figure out what we are going to do with that.

 

Correspondence

 

Julie Martin, Municipal Clerk states I have received a letter dated August 30th from Councilman Michael D’Agostino resigning from Council immediately due to personal reasons.  I also received correspondence from Mr. O’Brien who recently moved into our town on Weamaconk Drive, commending John Marini for his professional and helpful manner.  Finally there is a group of girls in town who wish to have a bake sale to help raise money for Hurricane Katrina victims.  They are asking for the permission of Mayor and Council to use the parking lot to hold the bake sale. 

 

Mayor and Council give their permission.

 

Open Public Portion

 

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

 

Joyce Stipple, Irving Place asks regarding Resolution No. 136 who will cover additional costs if amount is more than grant allowed?  What departments will be affected?

 

Mayor Reynolds responds this resolution is only to apply for the grant.  My original discussion was to look at all departments

 

John Farley, 18 Hospitality Way, states I just wanted to let you know how dissatisfied I am that this is even up for a vote.  I wrote a letter to Mayor and Council regarding this issue and never received a response.  I feel that this is being handled very surreptitiously despite what the people have told you they wanted.  You are forging ahead with your own agenda.  I feel the Police Department should be clearly separated from any of these negotiations.  I am disgusted with the way you have treated this Police Department and the Police Chief.  This is my opinion and since I have written the letter I have made it a point to come to the council meetings and also meeting each individual member of the Police Department, mostly to apologize for the behavior that you have displayed to them.  You also keep saying that these are not tax dollars that are being used.  Where exactly do you think these grant dollars come from?  They are tax dollars; they just come from a different pocket.

 

Mayor Reynolds responds that is correct, so if you can get a study or anything done on a grant, like shared services, which will save the taxpayers money the Englishtown residents are benefited.  Let me address your first statements, first of all we have had lengthy discussions at the past 6 or 7 council meetings and I haven’t seen you at any of those meetings.  We said at those meetings that as we progress and we have all the facts from the study, as to whether or not there would be a cost savings, the people will get a referendum, where every person in this municipality would get a vote.  I have a fiduciary responsibility to look at ways to save the taxpayers money.  No action would be taken on any shared services until the public got an opportunity to vote.  We are on a fact-finding mission right now, that’s all.

 

Paula Kuchinski, Hamilton Street, regarding Resolution No. 2005-136, could you explain to me what departments the shared feasibility study would encompass?

 

Mayor Reynolds responds the resolution does not specify any specific department.

 

Paula Kuchinski states hypothetically should we share the Police Department, Water Department etc., why do we need this building open for the burden of taxpayers?  If we are going to share services why not merge period?

 

Mayor Reynolds states that is something that has been strongly opposed by most residents and if you don’t keep some individuals working in this building, you don’t have a municipality anymore.

 

Paula Kuchinski asks when are the police contracts up?

 

Mayor Reynolds responds December 31st.

 

Paula Kuchinski asks who initiated this feasibility study?

 

Mayor Reynolds responds Manalapan.

 

Paula Kuchinski asks didn’t we just hire someone to do grants for us and if so why are we going in with Manalapan to do this particular grant?

 

Mayor Reynolds responds because it’s a shared services grant.

 

Paula Kuchinski states we have a very valuable downtown.  I have a problem with Manalapan changing their minds and now all of a sudden they want to talk shared services.  Before you know it we might not be Englishtown and it won’t be because of us.  It bothers me to think now we are going to talk shared services when it was less then a month ago that Manalapan wanted no part of us.  I would question their motivation.

 

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

 

Acceptance of Resignation for C/D’Agostino

 

Mayor Reynolds requests a motion to accept, with regret, the resignation of Michael D’Agostino from Englishtown Borough Council.  Resignation acceptance offered by C/Soden and seconded by C/Gallagher.  Passed on the following roll call:

 

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

                      Nayes:    None

                     Absent:    None

                    Abstain:    None

 

Mayor Reynolds states as the Chairman of the Englishtown Republican Club, we held a meeting on September 7th to nominate new members to vote on for the vacant seat on council.  We will vote on this tonight and such appointment will be from tonight’s meeting until December 31st.  The two names that were put up for nomination were Jayne Carr and Janet Leonardis.

 

Mayor Reynolds requests each council member to vote on a candidate.

 

C/Soden nominates Jayne Carr.  Seconded by C/Rucker

 

C/Simon nominates Janet Leonardis.  Seconded by C/Gallagher.

 

Mayor Reynolds requests a roll call on the nomination of Jayne Carr.

 

Offered by:                   C/Soden

 

Seconded by:               C/Rucker.

 

Roll Call:          Ayes:    C/Soden, C/Rucker, C/Palmieri

                      Nayes:    C/Gallagher, C/Simon

                     Absent:    None

                    Abstain:    None

 

Mayor Reynolds swears Jayne Carr in as Councilwoman of the Borough of Englishtown.

 

Mayor Reynolds thanks Janet Leonardis for stepping forward with her nomination and for attending this evening’s council meeting.

 

New Business

 

Borough of Englishtown

Resolution No. 2005-136

 

Resolution Authorizing the Joint Application of a Share Feasibility Study Program Grant to Determine the Feasibility of Shared Services with the

Township of Manalapan

 

            Whereas, the Borough of Englishtown wishes to submit a joint application with the Township of Manalapan for a SHARE (Sharing Available Resources Efficiently) Grant from the State of New Jersey to determine the feasibility of shared Services; and

 

            Whereas, Birdsall Engineering, Inc has agreed to prepare this grant application at no cost to the Borough of Englishtown or the Township of Manalapan.

 

            Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that the Borough of Englishtown hereby endorses the submission of a joint application with the Township of Manalapan for the SHARE Grant to determine the feasibility of shared services with the Township of Manalapan.

 

            Be It Further Resolved that a copy of this resolution be forwarded by the Clerk’s Office to the Chief Financial Officer, Administrator and the Township of Manalapan.

 

Offered by:              C/Soden   

 

Seconded by:          C/Simon

 

C/Carr asks why would Birdsall Engineering offer their services for free? 

 

Mayor Reynolds states I don’t know.  This is Manalapan.  I was not at the meeting and I don’t know what transpired or any of the particulars.

 

C/Carr asks how can we vote on a Resolution that we don’t know enough about what was discussed and what the cost estimate is?

 

John Bennett, Borough Attorney states it’s zero.  There is no cost to the Borough to adopt this Resolution. 

 

C/Carr states that’s not my question.  Why is Birdsall doing it for free?

 

John Bennett states why is that relevant?

 

C/Carr states because Birdsall is Manalapan’s employee and there is nothing for free in this world.  I’m a little concerned that a professional service would do anything gratis.

John Bennett states he is not our employee and the Resolution states there will be no cost to us.

 

C/Carr states I still question entering into an agreement with a professional who is offering his services for free.  I don’t have enough information as to why he’s doing it for free and what exactly they are proposing to do.  Mayor Reynolds frankly has not had a conversation with Manalapan other than that they sent this to our clerk. 

 

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

                 Nays:     C/Carr

              Absent:     None

             Abstain:     None

 

Borough of Englishtown

Resolution No. 2005-137

 

Waiver Of License And Fee For Peddlers At

Englishtown Fall Festival

 

            Whereas, Chapter 98 of the Code of the Borough of Englishtown requires an application and license for itinerant merchants and/or transient vendors;

 

            Whereas, the Englishtown Recreation Committee has requested a waiver of fees and application process due to the brief nature of the one day festival October 1, 2005 (rain date October 2, 2005); and

 

            Whereas, the wishes of the Governing Body is to have good participation of all citizens and to ease the requirements on this one day event;

 

            Now, Therefore, Be It Resolved by the Mayor and Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby waives the application fee and license fee as follows:

 

1.        All merchants and/or transient vendors must submit applications and return signed copy of rules and regulations to the Englishtown Recreation Committee.

 

2.        The Englishtown Recreation Committee will be responsible to copy the Municipal Clerk on all applications.

 

Offered By:                  C/Simon                                  

           

Seconded By:               C/Palmieri

           

Roll Call:   Ayes:           C/Soden, C/Rucker, C/Gallagher, C/Simon, C/Palmieri, C/Carr

                   Nays:        None

                Absent:         None

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2005-138

 

Resolution Requesting Approval of Items

Of Revenue and Appropriation NJS 40A:4-87

 

            WHEREAS, NJS 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 was not determined at the time of the adoption of the budget; and

 

            WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount,

                             

            NOW, THEREFORE, BE IT RESOLVED  that the Mayor and Council of the Borough of Englishtown in the County of Monmouth, 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 2005 in the sum of $13,068.33, which is now available from the State of New Jersey DDEF in the amount of $13,068.33.

 

            BE IT FURTHER RESOLVED that the like sum of $13,068.33 is hereby appropriated under the caption Drunk Driving Enforcement Fund; and

 

            BE IT FURTHER RESOLVED  that the above is the result of funds from the State of New Jersey DDEF in the amount of $13,068.33.

 

Offered By:            C/Simon                

 

Seconded By:         C/Gallagher

 

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

               Nayes:     None

            Abstain:      C/Carr

             Absent:      None

            

Borough of Englishtown

Resolution No. 2005-139

 

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 $70,453.53 be and

                   the same are hereby authorized to be paid on September 14, 2005.

 

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/Gallagher

 

Seconded by:            C/Simon

 

Roll Call:   Ayes:        C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr

                   Nays:     C/Gallagher

                Absent:      None

               Abstain:      None

 

Public Portion –

 

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

 

Kevin Bosies, Main Street, asked about the status of the two tax appeals.

 

John Bennett states Verizon’s tax appeal was filed for 2005.  I believe that was done to protect their ongoing appeal that has not been resolved for 2004, which is being handled by Special Council, Michael Lickstein.  With respect to Liberty Manor, that is still in discovery and is going back and forth.  To my knowledge the answers have not come back yet and there is no scheduled hearing.

 

Paula Kuchinski, Hamilton Street asks if Police negotiations have started yet?

 

Mayor Reynolds states we scheduled a meeting yesterday and there was a mix up with the time so we will be rescheduling it.  Nothing has been discussed yet.

 

Paula Kuchinski states I would ask Mayor and Council to really think when the negotiations start.  I don’t have a problem with Mr. Bennett however I prefer for my tax dollar to go to the police rather than lawyer fees.

 

Pete Cooke, 12 Wood Avenue states I just have a question regarding the police cars.  We are down to two cars.  One car is back with engine problems and it’s been quite a while now and I was wondering if the Council has come to any kind of decision?

 

Mayor Reynolds states we are going to discuss tonight whether we should fix the 2001 car or appropriate to get a new one.  I already spoke to the attorney’s from ELON and they promised a brand new vehicle.  I’m trying to get it for this fiscal year.  It will be a four-wheel drive vehicle.  That will be a free car.  They want $3000.00 to fix the 2001, so were thinking maybe just putting in the rest of the money to get a brand new leased one.  We will talk about that tonight.

 

Richard Settele, PBA Local 166 states I just wanted you to realize that we really only have one reliable car at this point. 

 

Mayor Reynolds asks are there three cars or four cars back there?

 

Richard Settele responds three.

 

C/Gallagher asks isn’t one on order?

 

Richard Settele responds yes.  It was ordered in May and we still don’t have it.

 

Mayor Reynolds asks Chief Niziolek if he has followed up as far as how long it will take to get the new car?

 

Chief Niziolek responds I called about a month ago and they said don’t even hold your breath until after the first week of September.

 

Discussion continues with Mayor, Council and Chief Niziolek regarding police vehicles.

 

Jeffrey Hanlon, PBA Local 166, states I just want to add to what has been discussed, the two 2001 vehicles that we have, one has a head gasket problem which is in the shop and the other one is in terrible condition.  We really only have one reliable car.

 

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

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, and 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.

 

Action will be taken upon conclusion of this 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/Palmieri, C/Carr           

                   Nays:        None

                Absent:         None

               Abstain:         None

 

The time being 8:25 P.M.

 

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

 

The time being 9:32 P.M.

 

Borough of Englishtown                                             First Reading & Introduction

Ordinance No. 2005-10

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1.10,

“CHIEF FINANCIAL OFFICER”, OF THE “CODE OF THE BOROUGH

OF ENGLISHTOWN, NEW JERSEY”, ESTABLISHING THE POSITION OF DEPUTY CHIEF FINANCIAL OFFICER.

 

WHEREAS, the Mayor and Borough Council of the Borough of Englishtown believe that it is in the best interests of the Borough to establish the position of Deputy Chief Financial Officer within the Borough; and

 

WHEREAS, the establishment of such position will better enable the Borough to operate more efficiently and effectively.

 

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

 

1.         That Chapter 1.10, entitled “Chief Financial Officer”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in order to establish the position of Deputy Chief Financial Officer as follows (additions are underlined):

 

§1.10.02.         Deputy Chief Financial Officer; Establishment; Certification.

There is hereby established the position of Deputy Chief Financial Officer in the Borough of Englishtown, who shall be a Certified Municipal Financial Officer pursuant to N.J.S.A. 40A:9-140.1, et seq., which position shall have such salary and such duties as the governing body, or the Chief Officer of the department of which the Deputy Chief Financial Officer is employed, shall direct. The minimum number of hours each week, which the Deputy Chief Financial Officer must work, shall be established by the Mayor and Borough Council as deemed necessary for the performance of the duties of Deputy Chief Financial Officer.  The Deputy Chief Financial Officer may hold another office or position in the Borough of Englishtown, and if such is the case shall receive the salary of that office or position; otherwise, the Deputy Chief Financial Officer shall receive the salary and compensation as provided in Chapter 37 of the “Code of the Borough of Englishtown, New Jersey”.  Nothing contained herein shall prevent the person who is serving as Deputy Chief Financial Officer while at the same time holding another office or position with the Borough for which he or she is receiving the compensation of that latter office, to receive a stipend or other compensation determined by the Mayor and Borough Council for performing the additional duties of Deputy Chief Financial Officer.

 

2.         That the provisions of this Ordinance shall be severable.  In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged to be invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.

 

3.         That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

 

4.         That this Ordinance shall take effect on final passage and publication in accordance with the law.

 

Offered By:        C/Soden

 

Seconded By:     C/Gallagher

 

Roll Call: Ayes:   C/Soden, C/Rucker, C/Gallagher, C/Simon, C/Palmieri, C/Carr

                Nays:  None

            Abstain:  None

             Absent:  None

 

John Bennett, Borough Attorney advises Public Hearing and Adoption on Ordinance No. 2005-10 will be held at the next council meeting at Borough Hall on September 28th, 2005 at 7:30 p.m.

 

Borough of Englishtown

Ordinance No. 2005-11

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

THE ORDINANCE ESTABLISHING THE SALARIES OF

CERTAIN OFFICERS AND EMPLOYEES OF

THE BOROUGH OF ENGLISHTOWN FOR THE YEAR 2005.

 

            WHEREAS, the Mayor and Borough Council of the Borough of Englishtown wish to amend and supplement the Ordinance establishing the salaries of certain officers and employees of the Borough of Englishtown for the year 2005 as provided herein.

 

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

 

            1.         That the Ordinance establishing the salaries of the officers and employees of the Borough of Englishtown for the year 2005 is hereby amended and supplemented in order to establish the following positions and salaries and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by the salary resolution of the Governing Body:

 

                        Position                                                                        Salary

                                                                                                Minimum   Maximum

                        Deputy Chief Financial Officer                          $15,000      $20,000   

 

            2.         That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

 

            3.         That, in the event that, any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged to be invalid, and the remaining portions of this Ordinance shall be deemed severable therefrom and shall not be affected.

 

            4.         That this Ordinance shall take effect upon final passage and publication in accordance with the law.

 

Offered By:        C/Soden

 

Seconded By:     C/Gallagher

 

Roll Call: Ayes:   C/Soden, C/Rucker, C/Gallagher, C/Simon, C/Palmieri, C/Carr

              Nays:    None

           Abstain:   None

           Absent:    None

 

John Bennett, Borough Attorney advises Public Hearing and Adoption on Ordinance No. 2005-11 will be held at the next council meeting at Borough Hall on September 28th, 2005 at 7:30 p.m.

 

Borough of Englishtown

Resolution No. 2005-140

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

APPOINTING A BUSINESS ADMINISTRATOR AND RESCINDING

THE PREVIOUS ACTION OF APPOINTING A BUSINESS

ADMINISTRATOR/CHIEF FINANCIAL OFFICER

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown have determined that there is a necessity for having a Business Administrator/Chief Financial Officer be employed by the Borough for the purposes of handling administrative matters during business hours; and

 

            WHEREAS, the Mayor and Council have advertised and posted said position and interviewed candidates for same; and

 

            WHEREAS, Laurie B. Finger has applied for such position and is currently a Certified Municipal Finance Officer, a Certified Tax Collector and a Registered Municipal Clerk; and

 

            WHEREAS, the Mayor and Council have interviewed several candidates for this position and find that Laurie B. Finger is a qualified individual for the position; and

 

            WHEREAS, the current Chief Financial Officer of the Borough, Himanshu Shah, has not submitted a resignation for the tenured position he currently holds; and

 

            WHEREAS, pursuant to N.J.S.A. 40A:9-140.8, a Chief Financial Officer cannot be removed from office except for just cause; and

 

            WHEREAS, the previous action appointing Laurie B. Finger as Business Administrator/Chief Financial Officer was done in good faith with the implied understanding that the current Chief Financial Officer was not interested in working for the Borough during the business working hours within the Borough, but has now notified the Borough of his intention to remain in his tenured position. 

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that Laurie B. Finger be hired for the position of Business Administrator for the Borough of Englishtown commencing on September 1, 2005, at a salary of $20,000 per annum.

 

            BE IT FURTHER RESOLVED that the previous action of the Mayor and Council in passing Resolution 2005-126 also appointing Laurie B. Finger Chief Financial Officer be rescinded as being ultra vires as no vacancy existed.

 

            BE IT FURTHER RESOLVED that the Mayor and Clerk be authorized to execute a Contract of Employment after legal review and a certified copy of this resolution be forwarded to the following:  Borough Clerk, Borough Auditor, Borough Attorney, Laurie B. Finger and Himanshu R. Shah.

 

Offered By:                  C/Gallagher

                                   

Seconded By:               C/Soden

 

Roll Call:  Ayes:            C/Soden, C/Rucker, C/Gallagher, C/Simon, C/Palmieri, C/Carr

                 Nays:          None

              Absent:           None

             Abstain:           None

 

Borough of Englishtown

Resolution No. 2005-141

 

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 is to certify that appropriate funds are available for the following:

 

Repairs To 2001 Police Vehicle

Not To Exceed ………………….$5,000.00

 

Purchased From:

                                    Englishtown Automotive

                                    14 Tennent Avenue

 

            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/Gallagher

 

Roll Call:  Ayes:            C/Soden, C/Rucker, C/Gallagher, C/Simon, C/Palmieri, C/Carr

                  Nays:         None

               Absent:          None

              Abstain:          None

 

Adjournment

 

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

 

The time being 9:56 P.M.

 

 

 

    October 26, 2005                                                         ________________________

Approved by Governing Body                                          Clerk