A M E N D E D
* A G E N D A *
APRIL 28, 2004
7:30 P.M.
Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.
1. Meeting Called to Order and Roll Call
2. Statement of Compliance with Sunshine Law
3. Moment of Silence and Salute to the Flag
4. Approval of Minutes – February 25, 2004, March 10, 2004 and
March 24, 2004
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. Old Business
Ordinance Number 2004-04
Public Hearing and Adoption
9. New Business
Deferred School Tax – Regional School
Deferred School Tax – Regional High School
C. Public Hearing – 2004 Municipal Budget
Adoption of 2004 Budget
F. Resolution Number 2004-86
Emergency Temporary Appropriations
(To be adopted to maintain operations should Budget
Resolution No. 2004-85 not be adopted)
Authorization of Purchases Over $800 - Materials & Labor/Water Main
Authorizing Payment of Borough Bills
Authorizing Redemption of Tax Sale Certificate
Authorizing The Issuance And Sale Of General Improvement Refunding Bonds Of The Borough In An Aggregate Principal Amount Not To Exceed $2,000,000; Setting Forth The Terms Of The Bonds; Authorizing The Redemption Of Prior Bonds Of The Borough; Making Certain Covenants To Effect and Maintain The Exemption Of The Interest On Said Bonds From Federal Income Taxation; And Authorizing Such Actions And Making Such Determinations As Are Necessary Or Appropriate To Effect The Issuance and Sale of Said Bonds.
10. Tax Collector’s Report
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 7:34 P.M.
Roll Call: Present: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Absent: C/Rucker
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.
There being no corrections, deletions, or additions, a motion to approve the Minutes of February 25, 2004, March 10, 2004 and March 24, 2004 was offered by C/Soden, seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Rucker
C/Palmieri states Saturday, May 8, 2004 will be the Mother’s Day Craft at Borough Hall, 12:00 p.m. Also, if anyone has anything they would like in the Focus the deadline is May 17, 2004.
C/Gallagher states tonight Himanshu Shah, CFO and Janet Halasz, his assistant, are here for the Public Hearing on the budget.
C/Soden states the police activity report from 4/12 – 4/22 is 228 calls, 70 motor vehicle stops and 77 tickets were issued. Also, I have a resolution on the agenda tonight, granting the Police Department permission to use the East Brunswick Training Facility.
C/D’Agostino states in the Water Department we had the hydrant flushing that took place last week. There were no reported complaints per Jim Mastrokalos, Water Superintendent. Jim is also working on the Consumer Confidence Reports that are mailed out in June telling residents about the water quality. There are three resolutions on the agenda tonight, all for emergency appropriations for Main Street and Wood Avenue projects which have been completed. The third resolution is for a new well pump in well #2. Jim explained to me that the pump is worn down and must be replaced prior to the summer months. All the quotes are in and the low bidder is on the agenda this evening. Also, all the bids were received for the pipe replacement job. John Bennett, Borough Attorney has reviewed them and now they are with Tom Herits, Borough Engineer. We are awaiting his recommendation.
C/Simon states I have nothing at this time.
Julie Martin, Municipal Clerk states there was a correspondence to Borough Attorney, John Bennett from The State of New Jersey, Green Acres Section giving us permission for the parking lot in Sanford Park. I would like Council to let me know how to proceed with this.
Mayor Reynolds opens the floor to the public for discussion limited to agenda items only.
There being no questions or comments from the public, a motion to close the public portion was offered by C/Soden, seconded by C/Simon. Passed unanimously.
AMENDING & SUPPLEMENTING FEES
OF THE BOROUGH OF ENGLISHTOWN
Be It Ordained by the Governing Body of the Borough of Englishtown that the following sections be amended and supplemented as follows:
CHAPTER 2.63 CONSTRUCTION CODE
Section 2.63.03, Fee Schedule
[Amending 2.63.03 Fee schedule; reports.]
A. The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A (1) below, and shall be paid before the permit is issued.
(1) The building subcode fee shall be:
(A) For new construction two cents ($0.02)
two and seven-tenths $0.027 per cubic foot of building or structure
volume, provided that the minimum fee shall be forty-five dollars ($45.00).
State Fee .00190 $0.00265 times the cubic
feet
C.O. Fee 10% of total or minimum of $25.00
(B) For renovations, alterations and repairs, twenty-five dollars ($25.00) per
one thousand dollars ($1,000.00) estimated cost of the repairs and work, to
$50,000 and including $100,000.00. Twenty Dollars ($20.00) per Thousand of the
estimated cost of work over $100,001.00, provided that the minimum fee shall be
Forty-five Dollars ($45.00) residential unit or structure and one hundred
dollars ($100.00) per commercial unit or structure.
provided that the minimum fee shall be forty-five
dollars ($45.00).
(C) For additions, two cents ($0.02) per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be Forty-five Dollars ($45.00).
State Fee .00096 $0.00265 times the
cubic feet
C.O. Fee 10% of total subcode or minimum of $25.00
(D) For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.
(E) Reroof:
Forty Dollars ($40.00) Forty-five dollars
($45.00) Residential
Fifty
Dollars ($50.00) Fifty-five dollars ($55.00)
Commercial
(F) Siding:
Forty Dollars ($40) Forty-five dollars
($45.00) Residential
Fifty Dollars ($50) Fifty-five dollars
($55.00) Commercial
(G) Demolition:
Thirty-five Dollars ($35.00) Residential
Forty-five Dollars ($45.00) Commercial
(H) Satellite dish:
Ten Dollars ($10.00)
(G) Pools:
In Ground:
Sixty-five Dollars ($65.00) Seventy-five
dollars ($75.00)
Above Ground:
Thirty-five Dollars ($35.00)
Forty-five dollars ($45.00)
Fence Permit for pools: Forty-five dollars ($45.00)
(H) Demolition:
Forty-five dollars ($45.00) Residential Buildings or Structures
Fifty-five dollars ($55.00) Commercial Buildings or Structures
(I) The fee for a Certificate of Occupancy:
New construction shall be computed at Ten Percent (10%) of the fee
to be charged for the construction permit.
(J) Signs:
Ten dollars ($10.00) per sign
(K) The minimum charge for Building Subcode fee or any inspection
not listed above shall be forty-five ($45.00).
(2) The Plumbing subcode fee shall be as follows:
(A) Fixtures and stacks, including but not limited to sinks, urinals, water
closets, bathtubs, shower stalls, floor drains, laundry tubs, sump pumps,
drinking fountains, hose bibs, water condition systems, humidifiers, dishwaters,
garbage disposals, clothes washers and similar devices, the fee shall be
seven dollars ($7.00) ten dollars ($10.00)
each.
(B) Hot Water Heaters:
Twenty-five Dollars ($25.00) Thirty
dollars ($30.00) Residential
The fee for replacement of hot water heaters in residential uses shall be Fifteen dollars ($15.00)
Fifty dollars ($50.00) Non-Residential
(C) Each domestic boiler/furnace/pool heater shall be computed at the rate of forty-five dollars ($45.00). The fee for replacement of boiler/furnace/pool heater in residential uses shall be fifteen dollars ($15.00).
(D) Sewer:
Thirty-five Dollars ($35.00)
Forty-five dollars ($45.00) Residential
Seventy-five dollars ($75.00) Non-Residential
(E) Special devices, including but not limited to grease traps, oil separators,
water-cooled air conditioner units, pumps and similar pump devices,
low water cut off devices, the fee shall be
forty dollars ($40.00) forty-five dollars ($45.00)
each.
(F)
Yard Irrigation Systems: Back-flow
Preventer Device:
Fifty dollars ($50.00) each - Single Family Homes
One Hundred dollars each - Others Non-Residential
(G) Roof Drains:
Fifteen Dollars ($15.00) Twenty dollars
($20.00) each
Back Flow Prevention Device:
Forty-five Dollars ($45.00) each
(H) Indirect Connections:
Twenty-five dollars ($25.00) each
(I) Footing Drains:
Twenty-five dollars ($25.00) each - Single Family Homes
Fifty dollars ($50.00) each - Others
Non-Residential
(J) Water Service Line:
Thirty-five Dollars ($35.00) Forty
dollars ($40.00) - Residential
Fifty Dollars ($50.00) - Non-Residential
(K) Air Conditioner Condensate Drains:
3/4" Drain Fifteen dollars ($15.00) each
1" Drain Twenty-five dollars ($25.00) each
1-1/4" Drain Fifty dollars ($50.00) each
Over 1-1/4" Seventy-five dollars ($75.00) each
(L) Cross Connections:
Twenty-five dollars ($25.00) each
(M) Gas Piping:
Ten dollars ($10.00)
(N) Pool Heater
Thirty dollars ($30.00)
Boiler
Thirty Dollars ($30.00)
(O) Minimum Plumbing Fee Not Listed Above:
Forty-five dollars ($45.00)
Thirty-five Dollars ($35.00) - Residential
Fifty
Dollars ($50.00) - Non-Residential
3. The electric subcode fee shall be as follows:
(A)
Receptacles, switches and lighting devices of less than 1 HP or KW:
Outlets: including lighting devices, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of less than one (1) horsepower or one (1) kilowatt:
First 1-25 devices $40.00
One (1) to Twenty (25) devices: Forty-five dollars ($45.00)
Each
additional device 1.00
For additional devices: One dollar ($1.00) each
(B) Motors and Electrical Devices rated over:
1 to 5 KW or HP $10.00 ea. $15.00
ea.
5 to 10 KW or HP $25.00 ea. $30.00
ea.
10 to 50 KW or HP $50.00 ea. $55.00
ea.
50 to 100 KW or HP $75.00 ea. $80.00
ea.
100 & larger KW or HP $150.00 ea.$160.00
ea.
(C) Transformers and Generators rated over:
1 to 5 KW $10.00 ea. $15.00 ea.
6 to 10 KW $25.00 ea. $30.00 ea.
11 to 50 KW $50.00 ea. $60.00 ea.
51 to 100 KW $75.00 ea. $80.00 ea.
101 & larger KW $150.00 ea. $160.00
ea.
(D) Service Panels, Switchboards and Panelboards:
Up to 100 amperes $45.00 $50.00
Over 100 to 200 amperes $75.00
$80.00
Over 200 to 600 amperes $250.00
$260.00
Over 600 & larger amperes $400.00
$410.00
(E) All appliances, heating devices, air conditioners, kitchen dishwashers,
water heaters and any other electrical equipment installed for use in any
residential, commercial and industrial facility shall be charged in accordance
with the fee schedule listed above.
(E) Each of the following items for replacement in residential uses, the fee shall be Fifteen dollars ($15.00):
a. Natural gas furnace or boiler
b. Liquefied petroleum gas (LPG) furnace or boiler
c. Electric heater
d. Heat pump
e. Electric hot-water heater
(F) Additional items not covered above shall be as indicated hereinafter:
Above ground swimming pool per unit, flat fee of $50.00
In-Ground swimming pool per unit, flat fee of $100.00
Spa or Hot Tub installed inside or outside, flat fee of $50.00
Burglar Alarm or Fire Alarm devices counted as in Item A above
Central Fire or Burglar control panels, each $10.00
Smoke and Heat Detectors counted as in Item A above
All signs installed within or on buildings, flat fee each $10.00
Signs - Free standing, flat fee each $25.00
(F) Each of the following listed items not listed above, the fee shall be Twenty-five dollars ($25.00):
a. Electric heater
b. Heat pump
c. Electric dryer
d. Electric range
e. Surface unit
f. Commercial exhaust hoods
g. Sauna
h. Hot water heater
i. Oven
j. Dishwasher
k. Gas/Oil heaters, furnaces, or boiler
l. Commercial exhaust fans
m. Hot tubs & jacuzzi
n. Alarm systems
o. Air conditioner
p. Intercom panels
q. Telephones and communication wiring
r. Area lighting
s. Pool lighting
(G) Minimum fee $45.00 The minimum charge for
any inspection not listed above shall be forty-five dollars ($45.00).
(H) Any installation of any wiring or any voltages operating at 10 volts or
more shall comply with N.J.S.A. 45:5A et seq., which is the "Electrical
Contractors Licensing Act of 1962" and Regulations N.J.A.C.
5:23-4.18[c]3,
as
adopted subject to amendment and in accordance with N.J.A.C. 5:23-4.17 [b].
(H) Smoke detectors/CO
a. One (1) to ten (10) devices: $25.00
b. Over ten (10) devices, additional one dollar ($1.00) per device
(I) Pools
a. Above ground pools: $50.00
b. In-ground: $125.00
(4) The fire protection subcode fee shall be as follows:
A. For gasoline, oil, fuel, liquefied petroleum gas, chemical or miscellaneous storage tanks up to five hundred fifty (550) gallon capacity shall be forty-five dollars ($45.00).
Tanks over five hundred fifty (550) and up to two thousand five hundred (2,500) gallon capacity shall be seventy-five dollars ($75.00).
Tanks over two thousand five hundred (2,500) gallons an additional seven dollars ($7.00) per one thousand (1,000) gallons.
B. For fire alarms, smoke detectors, standpipes, fire suppression systems or special fire protection systems shall be computed at twenty-five dollars ($25.00) per one thousand dollars ($1,000) construction cost provided that the minimum fee shall be forty-five dollars ($45.00).
For automatic fire sprinkler system, limited area sprinkler systems shall be computed per sprinkler head:
1 to 199 sprinkler heads....…...…................................................$45.00
200 to 399 sprinkler heads.….…..................................................$90.00
400 or more sprinkler heads.…...................................................$180.00
C. For commercial kitchen exhaust equipment, mechanical systems for all use groups the fee shall be computed at twenty-five dollars ($25.00) per one thousand dollars ($1,000) construction cost provided that the minimum fee shall be forty-five ($45.00).
D. For heating units for all use groups the fee shall be computed at twenty-five ($25.00) per one thousand dollars ($1,000) construction cost provided that the minimum fee shall be forty-five dollars ($45.00), The fee for replacement of heating units in residential uses shall be fifteen dollars ($15.00) each.
E. Demolition of aboveground or in-ground fuel oil tanks or other type tanks shall be Thirty-five dollars ($35.00).
F. For woodstoves, prefabricated fireplaces, masonry fireplaces, gas fireplaces or alternate heating devices and components the fee shall be computed at twenty-five dollars ($25.00) per one thousand ($1,000) construction cost provided that the minimum fee shall be forty-five dollars ($45.00).
G. The minimum fire protection fee not listed above shall be forty-five dollars ($45.00).
CHAPTER 2.73, FIRE PREVENTION
Section 2.73.06, Permits and Fee Schedule
Fees established for inspections and the frequency of inspections are as follows:
A. Mercantile businesses shall be inspected yearly with a fee schedule of:
$65.00 for the first 1,000 square feet.
$5.00
for each additional 1,000 square feet.
$10.00 for each additional 1,000 square feet
B. Factories shall be inspected yearly with a fee schedule of:
$80.00
$90.00 for the first 1,000 square feet.
$90.00
$100.00 for 1,001 to 3,500 square feet.
$100.00
$110.00 for 3,501 to 6,000 square feet.
$110.00
$120.00 for 6,001 to 10,000 square feet.
$120.00
$130.00 for excess of 10,000 square feet.
C. Warehouses shall be inspected yearly with a fee schedule of:
$80.00
$90.00 for the first 2,000 square feet.
$90.00
$100.00 for the 2,001 to 5,000 square feet.
$100.00
$110.00 for excess of 5,000 square feet.
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.
A motion to adopt Ordinance No. 2004-04, above titled, was offered by C/Soden, seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Rucker
WHEREAS, regulations of the State of New Jersey provide for the deferral of school tax in an amount not exceeding fifty percent of the annual school tax levy when such taxes are raised on a fiscal year basis (School year July 1 through June 30); and
WHEREAS, said taxes subject to deferral have not been requisitioned by or paid to the school district; and
WHEREAS, it is the desire and intent of the governing body of the Borough of Englishtown, county of Monmouth, to avail the Borough of the deferral as permitted by regulations promulgated by the Local Finance Board, Division of Local Government services, New Jersey Department of Community Affairs, and
WHEREAS, fifty percent of the school tax levy of the Regional School District is $775,705.71
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Englishtown, County of Monmouth, hereby authorize the Chief Financial officer of the Borough to Defer $626,422.97 of regional school taxes as permitted by the aforementioned regulation; and
BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to the Chief financial officer of the Borough and the Director of the Division of Local Government Services, Department of Community affairs
Offered By: C/Simon
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Rucker
Resolution No. 2004-83
Deferred School Tax - Regional High School
WHEREAS, regulations of the State of New Jersey provide for the deferral of school tax in an amount not exceeding fifty percent of the annual school tax levy when such taxes are raised on a fiscal year basis (School year July 1 through June 30); and
WHEREAS, said taxes subject to deferral have not been requisitioned by or paid to the school district; and
WHEREAS, it is the desire and intent of the governing body of the Borough of Englishtown, county of Monmouth, to avail the Borough of the deferral as permitted by regulations promulgated by the Local Finance Board, Division of Local Government services, New Jersey Department of Community Affairs, and
WHEREAS, fifty percent of the school tax levy of the Regional School District is $252,264.12
NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Englishtown, County of Monmouth, hereby authorize the Chief Financial officer of the Borough to Defer $252,264.12 of regional high school taxes as permitted by the aforementioned regulation; and
BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to the Chief financial officer of the Borough and the Director of the Division of Local Government Services, Department of Community affairs.
Offered By: C/Simon
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Rucker
Public Hearing on 2004 Municipal Budget.
Mayor Reynolds opened the floor to the public for questions or comments regarding the 2004 Municipal Budget.
C/Gallagher asks Himanshu Shah, CFO to give the public a general overview of this years Budget.
Himanshu Shah responds we have a budget tonight for approval by the Council. The total appropriation is $1,837,208.00. It is an increase of $130,727.00 over last years budget. The amount raised by taxation is $36,000 reflecting a .49 cent tax increase per $100.00. A couple of major highlights of the tax increase were the Police Department salary wages were increased by $49,825.00 and also we no longer have the Federal Aid of $60,000. The total of that impact is $110,000.00 in this budget. We also had a reserve for uncollected taxes that increased by $42,000.00.
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.
Borough of Englishtown
Resolution No. 2004-84
Whereas, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and
Whereas, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
Whereas, pursuant to N.J.A.C. 5:30-7.2 thru 7.5, the Borough of Englishtown has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Englishtown meets the necessary conditions to participate in the program for the 2004 budget year;
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:
1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45 3, et. seq., are fully met (Complies with the “CAP” law).
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate, and correctly stated,
b. Items of appropriation are properly set forth,
c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
Be It Further Resolved that a copy of this Resolution be forwarded to the Director of the Division of Local Government Services.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Resolution No. 2004-85
Now, Therefore, Be It Resolved by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $656,511.00 to be raised for municipal purposes.
Surplus Anticipated $ 500,000.00
Miscellaneous Revenues Anticipated 560,697.00
Receipts From Delinquent Taxes 120,000.00
For Municipal Purposes 656,511.00
Within “Caps”
Operations Including Contingent $ 892,324.00
Deferred Charges & Statutory
Expenditures - Municipal 25,990.00
Excluded From “Caps”
Operations - Total Operations Excluded
Capital Improvements 14,000.00
Municipal Debt Service 112,000.00
Deferred Charges - Municipal Clerk 50,000.00
Reserve For Uncollected Taxes 195,079.00
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: C/Rucker
Abstain: None
Borough of Englishtown
Emergency Temporary Appropriations
Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2004 Budget and N.J.S.A.40A:4-2 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and
Whereas, the total emergency temporary Resolutions adopted in the year 2004 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A:4-20) including this Resolution total $879,116.25.
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that an emergency temporary appropriation be and the same is hereby made for the attached indicated appropriations.
Mayor Reynolds advised that due to the fact that Resolution No.2004-85 was adopted this evening, this Resolution (2004-86) is to be Tabled.
\\\\\\\\\\ TABLED //////////
Borough of Englishtown
Resolution No. 2004-87
Whereas, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and
Whereas, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and
Whereas, the Chief Financial Officer certifies that appropriate funds are available for the following:
Emergency Repair Water Main Break – Main Street $10,012.04
Purchased From:
Brenner Drainage & Excavating, Inc.
Monroe Township, NJ
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: C/Rucker
Abstain: None
Resolution No. 2004-88
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:
Materials and Labor $5,869.42
For Emergency Water Main Break Repair
18 Wood Avenue
Purchased From:
Brenner Drainage & Excavating, Inc.
Monroe Township, NJ
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: C/Rucker
Abstain: None
Resolution No. 2004-89
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 $304,779.14 be and
the same are hereby authorized to be paid on April 28, 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/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: C/Rucker
Abstain: None
Whereas, the Borough of Englishtown Tax Collector had previously reported that the following Tax Sale Certificate had been sold to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046 (Resolution No. 2003-199 dated 12/15/03);
Whereas, the above mentioned certificate and premium had been paid to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046 in the amounts of $10,448.61 and $400.00 respectively; and
Whereas, due to a calculation error, there is an additional amount of $500.00 (five hundred dollars) necessary to redeem Certificate No. 10-99;
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 $500.00 to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046.
Be It Further Resolved that s certified true copy of this Resolution be forwarded to the Borough Tax Collector and the Borough Chief Financial Officer.
Offered by: C/Simon
Seconded by: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Rucker
Borough of Englishtown
Resolution No. 2004-091
Whereas, the Englishtown Police Department will be using the East Brunswick Police Training Facility; and
Whereas, the cost of using said facility will be $15.00 per hour per officer with a minimum of two (2) hours.
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 indemnifies and saves and holds harmless the Township of East Brunswick and its agents and Employees against any and all actions, claims, proceedings, demands, or losses, incurred as a result of any accident, injury or damage whatsoever, however caused to any person(s) or to the property of any person(s) from or out of Englishtown Borough Police Department's use of the East Brunswick Police Training Facility, inclusive of any instruction and training activities that are conducted on the premises, and to further indemnify East Brunswick against all costs, fees, expenses, judgments and liabilities incurred in or about any such claim or any action or proceeding on it.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: C/Rucker
Abstain: None
Borough of Englishtown
Resolution No. 2004-92
RESOLUTION OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH, NEW JERSEY; AUTHORIZING THE ISSUANCE AND SALE OF GENERAL IMPROVEMENT REFUNDING BONDS OF THE BOROUGH IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000; SETTING FORTH THE TERMS OF THE BONDS; AUTHORIZING THE REDEMPTION OF PRIOR BONDS OF THE BOROUGH; MAKING CERTAIN COVENANTS TO EFFECT AND MAINTAIN THE EXEMPTION OF THE INTEREST ON SAID BONDS FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH ACTIONS AND MAKING SUCH DETERMINATIONS AS ARE NECESSARY OR APPROPRIATE TO EFFECT THE ISSUANCE AND SALE OF SAID BONDS.
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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, 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 purposes of (i) refunding the portion of the Borough’s outstanding United State Department of Agriculture (“USDA”) Bonds, including the following: $366,500 USDA Improvement Bonds dated March 11, 1975, $235,000 General Improvement Bonds dated June 1, 1983, $633,900 General Improvement Bonds dated August 24, 1988, $89,600 General Improvement Bonds dated August 24, 1988, $100,000 General Improvement Bonds dated August 24, 1988, $649,000 General Improvement Bonds dated September 26, 1997, and $149,000 General Improvement Bonds dated September 26, 1997, issued to finance capital improvements of the Borough (the “Refunded Bonds”); and (ii) provide for the payment of the costs of issuance, 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, in accordance with the Local Bond Law, the Borough desires to (i) approve the issuance of refunding bonds in an aggregate principal amount of not to exceed $2,000,000 General Obligation Refunding Bonds, Series 2004 (the “Refunding Bonds” or the “Bonds”), for the purpose of refunding the Refunded Bonds; and (ii) to provide for the form, maturities, interest rates, price and other details of the Refunding Bonds; and
WHEREAS, in connection with the sale and issuance of the Refunding Bonds, the Borough also desires to approve and authorize the distribution of a preliminary official statement (the “Preliminary Official Statement”) and the execution and distribution of an official statement (the “Official Statement”).
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH AND STATE OF NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW, AS FOLLOWS:
Section 1. The Borough hereby authorizes the issuance and sale of the Refunding Bonds of the Borough in the aggregate principal amount of not to exceed TWO MILLION DOLLARS ($2,000,000).
Section 2. The Refunding Bonds shall be issued in three (3) series described as “Borough of Englishtown, County of Monmouth, New Jersey $1,800,000 General Obligation Refunding Bonds, Series of 2004, consisting of $755,000 General Obligation Refunding Bonds, Series 2004A, $295,000 Sewer Utility Refunding Bonds, Series 2004B, and $750,000 Water Utility Refunding Bonds, Series 2004C”, shall be dated May 15, 2004 or such other date as shall be determined by the Chief Financial Officer of the Borough, shall be numbered from 1 upward in the denomination of $1,000 each or any multiple thereof (with a minimum purchase of $5,000 required) or such other denomination as is determined by the Chief Financial Offer of the Borough, 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 and shall bear such other terms as shall be provided by subsequent resolution of the Borough or by the Chief Financial Officer pursuant to Section 19 hereof.
Section 3. The Refunding Bonds will be initially issued in book-entry form only in the form of one certificate for the aggregate principal amount of the Refunding Bonds maturing in each year and, when issued, will be registered in the name of and held by Cede & Co., as registered owner and nominee for The Depository Trust Company, New York, New York ("DTC"), which is hereby appointed to act as securities depository for the Refunding Bonds. The Refunding Bonds will be dated May 15, 2004 and will bear interest payable on February 15, 2005, and semiannually thereafter on the 15th day of August and February, respectively, in each year until maturity. As long as DTC or its nominee, Cede & Co., is the registered owner of the Bonds, payments of the principal of and interest on the Bonds will be made by the bank or trust company (if any) selected by the Chief Financial Officer to act as paying agent and bond registrar for the Bonds pursuant to Section 9 hereof (the "Paying Agent"), directly to DTC or its nominee, Cede & Co., which will credit payments of principal of and interest on the Bonds to the participants of DTC as listed on the records of DTC as of each next preceding January 15th and July 15th (the "Record Dates" for the payment of interest on the Refunding Bonds), which participants will in turn credit such payments to the beneficial owners of the Refunding Bonds. The registration books of the Borough shall be kept by the Chief Financial Officer (or, if appointed, the Paying Agent at its corporate trust office).
The Refunding Bonds shall be payable as to both principal and interest in lawful money of the United States of America. The Refunding Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under the official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Borough Clerk. The foregoing attestation may be made by facsimile signature of the Borough Clerk provided that the Refunding Bonds shall be authenticated by the manual signature of the Paying Agent. The following matters are hereby determined with respect to the Bonds:
Date of Refunding Bonds: May 15, 2004
Interest Payment Dates: February 15, 2005 and each August 15 and February 15 thereafter
until maturity, with payment being made to DTC, or its authorized
nominee, by the Borough or the Paying Agent
Bond Registrar/Paying Agent: Borough of Englishtown, unless a Paying Agent is appointed pursuant to
Section 9 hereof.
Securities Depository: The Depository Trust Company, New York, New York
Authorized Denominations: $1,000 or any integral multiple thereof
Section 4. Notwithstanding Section 3 hereof, the Chief Financial Officer of the Borough is hereby authorized to provide for the issuance of the Refunding Bonds in book-entry-only form and to execute any certificates, documents and agreements evidencing the same.
Section 5. The Refunding Bonds shall be signed by the Mayor and Chief Financial Officer, by their manual or facsimile signatures, and the corporate seal of the Borough shall be affixed thereto, or imprinted or reproduced thereon, and attested by th