* * * A G E N D A * * *
August 24, 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. Presentation of 2004 Audit by Eugene Farrell of
Hutchins, Farrell, Meyer & Allison, P.A.
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:
Accepting Corrective Action Plan of 2004 Audit
B. Resolution No. 2005-133
Payment of Borough Bills
C. Resolution No. 2005-134
Appointing Michael R. Leckstein, Esq.
Serve As Special Counsel – Verizon (Block 12, Lot 12) Tax Appeal
9. Tax Collector’s Report – July 2005
10. 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.
11 Executive Session
12. Adjournment
Mayor Reynolds called the meeting to order at 7:34 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Gallagher
Absent: C/Simon, C/D’Agostino, C/Palmieri
Also present were Lynn Tillman, Deputy Municipal Clerk, Christine Robbins, Administration 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.
Mayor Reynolds opened the floor to Eugene Farrell, Borough Auditor for the presentation on the 2004 Audit.
Eugene Farrell gives an overview of the 2004 Audit.
C/Rucker states nothing at this time.
C/Gallagher states nothing at this time.
C/Soden states nothing at this time.
There is no correspondence this evening.
Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.
There being no questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Rucker. Passed unanimously.
Borough of Englishtown
Resolution No. 2005-132
Resolution Accepting Corrective Action Plan
Whereas, The 2004 Audit of the Borough of Englishtown conducted by Hutchins, Farrell, Meyer & Allison, contained certain recommendations requiring action; and
Whereas, these recommendations have been reviewed by the Borough's Chief Financial Officer; and
Whereas, the Chief Financial Officer, in accordance with the requirements promulgated by the N.J. Division of Local Government Services has developed a plan to address the recommendations listed by the Auditors.
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Corrective Action Plan for the 2004 Municipal Audit, hereto attached, is hereby approved and accepted.
Offered By: C/Rucker
Seconded By: C/Gallagher
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher
Nays: None
Abstain: None
Absent: C/Simon, C/D’Agostino, C/Palmieri
Resolution No. 2005-133
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 $492,674.54 be and
the same are hereby authorized to be paid on August 24, 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.
Seconded by: C/Gallagher
Nays: None
Abstain: None
Absent: C/Simon, C/D’Agostino, C/Palmieri
Borough of Englishtown
Resolution No. 2005-134
WHEREAS, there is a need for the Borough of Englishtown to retain the services of special counsel in order to represent the interests of the Borough in a tax appeal filed by Verizon concerning a certain property known and designated as Block 12, Lot 12, for 2005 tax year; and
WHEREAS, the Borough Attorney cannot handle these matters due to a conflict of interest; and
WHEREAS, Michael R. Leckstein, Esq., of 463 Prospect Avenue, P.O. Box 321, Little Silver, New Jersey 07739, is willing to represent the Borough in these matters at the same rate as the Borough Attorney; and
WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefor, provided that the Resolution authorizing the contract and the contract itself be available for public inspection in the office of the Borough Clerk and that notice of the awarding of the Contract be published in a newspaper of general circulation in the municipality; and
WHEREAS, the Borough Council, having considered the same, now wishes to authorize the award of this professional service contract to Michael R. Leckstein, Esq., for the provision of the necessary legal services.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, as follows:
1. That the Mayor is authorized to execute and the Borough Clerk to attest an
Agreement between the Borough of Englishtown and Michael R. Leckstein, Esq., regarding the above-referenced legal services.
2. That this contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5 of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services.
3. That there shall be a cap on the expenditure of funds related to this contract in the amount of $2,000.00, without further authorization from the Borough Council.
4. That the Chief Financial Officer is directed to file a Certificate of Availability of sufficient funds for this contract and to attach same to this Resolution.
5. That Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the Borough.
6. That a certified copy of this Resolution shall be provided to each of the following:
a. Michael R. Leckstein, Esq.
b. Chief Financial Officer
c. John O. Bennett, III, Esq., Borough Attorney
d. Michael Ross, Borough Tax Assessor
Offered By: C/Gallagher
Seconded By: C/Rucker
Nays: None
Abstain: None
Absent: C/Simon, C/D’Agostino, C/Palmieri
Current Taxes, 2005 244,484.69
Interest & Cost on taxes 646.96
Total Cash Receipt $245,131.65
Mayor Reynolds opened the floor to the public for discussion on anything they wish to bring to the attention of the governing body.
Jayne Carr, Main Street states Julie Martin got the Executive Session minutes I requested however I have a few questions; why was it discussed during Executive Session to put speakers in the hallway and did we pass a resolution to pay for them?
C/Gallagher responds in the past Executive Sessions have been overheard which is the reason for the speakers and there was no resolution needed to pay for the speakers because they were under $800.00.
Discussion continues between Jayne Carr, Mayor and Council regarding Jayne Carr’s findings from previous Executive Session Minutes.
There being no further questions or comments a motion to close the public portion was offered by C/Soden and seconded by C/Rucker. 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, 4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.
Offered By: C/Soden
Seconded By: C/Rucker
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher
Nays: None
Absent: C/Simon, C/D’Agostino, C/Palmieri
Abstain: None
The time being 8:00 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/Rucker. Passed unanimously.
The time being 8:23 P.M.
Borough of Englishtown
Resolution No. 2005-135
Designation of Salaries
Whereas, the Mayor and Council of the Borough of Englishtown adopted an Ordinance entitled "An Ordinance Fixing The Salary And Compensation of Certain Officers, Positions and Employees in the Borough of Englishtown, County of Monmouth, State of New Jersey"; and
Whereas, said salaries provided certain ranges for the positions set forth; and
Now, Therefore, Be It Resolved that it is the determination of the Mayor and Council of the Borough of Englishtown that said positions shall be fixed as follows for the Year 2005.
Position Pay Schedule Salaries
Governing Body
Mayor Per Annum, payable $ 2,750.00
Council Semi-Annually $ 2,500.00
Municipal Clerk Per Annum, payable
Bi-weekly $37,567.95
Deputy Municipal Clerk Per Annum, payable
Bi-weekly $24,150.00
Clerk Typist/Admin. Per Hour, payable
Bi-weekly $ 9.45
Chief Financial Officer Per Annum, payable 1/1/05 thru.8/31/05
Bi-weekly $38,641.05
Chief Financial Officer Per Annum, payable effective 9/1/05
Bi-weekly $20,000.00
Business Administrator Per Annum, payable effective 9/1/05
Bi-weekly $20,000.00
Assistant Chief Financial Officer Per Annum, payable
Bi-weekly $32,210.85
Court Magistrate Per Annum, payable
Bi-weekly $ 15,000.00
Court Clerk Per Annum, payable
Bi-weekly $39,727.80
Deputy Court Clerk Per Annum, payable
Bi-weekly $23,000.00
Deputy Court Clerk Per Hour 1/1-3/31/05 $ 9.92
P/T 25 hrs/week Bi-Weekly
Deputy Court Clerk Per Hour, payable 1/1/05 thru. 1/31/05
(In court) Bi-weekly $ 14.35
Deputy Court Clerk Per Hour, payable effective 2/1/05
(In court) Bi-weekly $ 10.00
Dept. of Public Works Per Annum, payable
Supervisor Bi-weekly $40,202.40
Dept. of Public Works Per Hour, payable
Bi-weekly $ 11.58
Dept. of Public Works Per Hour, Payable
Bi-weekly $ 11.03
Dept. of Public Works Per Hour, Payable
Bi-weekly $ 11.03
Water Department Per Annum, payable
Supervisor Bi-weekly $12,155.85
Water Department Per Annum, payable
Clerk Bi-weekly $13,125.00
Sewer Department Per Annum, payable
Supervisor Bi-weekly $12,155.85
Sewer Department Per Annum, payable
Clerk Bi-weekly $13,125.00
Recycling Coordinator Per Annum, payable
Bi-weekly $ 1,047.90
Construction Office Per Annum, payable
Director of Code Enforcement Bi-weekly $ 8,379.00 Construction Official Bi-weekly $ 5,733.00
Fire Sub Code Official Bi-weekly $ 5,733.00
Building Sub Code Inspector Bi-weekly $ 5,733.00
Housing Inspector Bi-weekly $ 5,733.00
Plumbing Insp. Per Annum, payable
Bi-weekly $ 8,534.40
Elec. Insp. Per Annum, payable
Bi-weekly $ 6,701.10
Constr. Clerk Per-Hour, payable
Bi-weekly $ 16.54
Fire Official/Inspector Per-Annum, payable
. Bi-weekly $ 7,218.75
Code Enforcement Officer Bi-weekly $ 4,812.15
Asst Code Enf/Zoning Officer Bi-weekly $ 4,517.10
P/T Fire Insp. Per-Annum, payable
Bi-weekly $ 1,276.80
Tax Department
Tax Assessor Per-Annum, payable
Bi-weekly $ 7,208.25
Tax Collector/ Per Hour 1/1/05-2/22/05
Tax Search Officer Bi-weekly $ 25.00
Shared Services 2/23/05-12/31/05
Planning/Zoning Bd. Secretary Per-Hour, payable
Bi-weekly $ 16.54
Emergency Management Coordinator Per-Annum, payable
Bi-weekly $ 972.30
Police Department Per-Annum, payable
Chief Bi-weekly $70,767.16
Offered by: C/Gallagher
Seconded by: C/Rucker
Roll Call: Ayes: C/Rucker, C/Gallagher
Nays: C/Soden
Abstain: None
Absent: C/Simon, C/D’Agostino, C/Palmieri
Adjournment
There being no further business a motion to adjourn was offered by C/Rucker and seconded by C/Gallagher. Passed unanimously.
The time being 8:25 P.M.
September 28, 2005 ________________________
Approved by Governing Body Clerk