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

Amending & Supplementing Fees – Chapter 2.63 Construction Code

                        Public Hearing and Adoption

 

            9.         New Business

                       

A.     Resolution Number 2004-82

Deferred School Tax – Regional School

 

B.     Resolution Number 2004-83

Deferred School Tax – Regional High School

 

C.  Public Hearing – 2004 Municipal Budget

 

D.  Resolution Number 2004-84

2004 Municipal Budget Examination

 

E.  Resolution Number 2004-85

                        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)

 

G.     Resolution Number 2004-87

Authorization of Purchases Over $800 - Emergency Repair of Water Main

 

H.     Resolution Number 2004-88

Authorization of Purchases Over $800 - Materials & Labor/Water Main

 

I.        Resolution Number 2004-89

Authorizing Payment of Borough Bills

 

J.       Resolution Number 2004-90

Authorizing Redemption of Tax Sale Certificate

 

K.    Resolution Number 2004-91

Authorizing Englishtown Police Department’s Use of East Brunswick Police Training Facility

 

L.      Resolution Number 2004-92

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.

 

M.   Resolution Number 2004-93

Title Change of Part Time Court Clerk/Typist

 

N.    Resolution Number 2004-94

Authorization To Allow Aerial Spraying of Pesticides by Monmouth County Mosquito

Extermination Commission

                       

O.    Resolution Number 2004-95

Authorization of Purchases Over $800 – Pump Replacement, Well #2

 

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.

 

Approval of Minutes – February 25, 2004, March 10, 2004 and March 24, 2004

 

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

 

 

Committee Reports

 

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.

 

Correspondence

 

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.

 

Public Portion

 

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.

  

Old Business

 

ORDINANCE NO. 2004-04                                                        Public Hearing & Adoption

 

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

 

[Start Actions][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.

  

Public Hearing

 

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

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

 

Adoption

 

A motion to adopt Ordinance No. 2004-04, 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

 

New Business

 

Borough of Englishtown

Resolution No. 2004-082

Deferred School Tax - Regional 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 $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

 

Borough of Englishtown

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

 

2004 Municipal Budget Examination

 

            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

                  Nays:          None
              Abstain:          None
               Absent:          C/Rucker
 
Borough of Englishtown

Resolution No. 2004-85

 

Adoption of 2004 Municipal Budget

 

            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.

 

Summary of Revenues

 

  1. General Revenues

 

Surplus Anticipated                                                       $  500,000.00                       

Miscellaneous Revenues Anticipated                                 560,697.00                       

Receipts From Delinquent Taxes                                       120,000.00                       

 

  1. Amount To Be Raised By Taxation

 

For Municipal Purposes                                                    656,511.00

 

                        Total Revenues                                   $1,837,208.00                                   

 

Summary Of Appropriations

 

  1. General Appropriations:

 

Within “Caps”

            Operations Including Contingent                        $  892,324.00                       

 

Deferred Charges & Statutory

            Expenditures - Municipal                                        25,990.00                                    

                        Excluded From “Caps”

                                    Operations - Total Operations Excluded

                                    From “Caps”                                                   $  547,815.00

                                    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

 

                                                Total Appropriations                          $1,837,208.00

 

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

Resolution No.  2004-86

 

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

 

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:

 

                        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

 

Borough of Englishtown

Resolution No. 2004-88

 

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:

 

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

 

Borough of Englishtown

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

                                   

Borough of Englishtown

Resolution No. 2004-090

 

 

A Resolution Authorizing Redemption of Tax Sale Certificate

 

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);

 

Tax Sale Certificate No. 10-99 on Block 2, Lot 22.74 C74

 

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

 

Authorizing the Englishtown Police Department's Use of the

East Brunswick Police Training Facility

 

            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.

______________________________

 

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 the manual or facsimile signature of the Borough Clerk.

 

Section 6.  The distribution by the Borough of the Preliminary Official Statement and the use of contents of the 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 Chief Financial Officer of the Borough is 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.  The Chief Financial Officer is hereby authorized to deem final the Preliminary Official Statement for purposes of Rule 15c2‑12 of the Securities and Exchange Commission.

 

Section 7.  Commerce Capital Markets, Inc. is hereby designated as the Borough’s underwriter in connection with the Refunding Bonds.

 

Section 8. The Refunding Bonds, consisting of three (3) series, shall be substantially in the forms attached hereto as Exhibit A, with such changes as may be appropriate.

 

Section 9.  The Chief Financial Officer is hereby authorized to select and enter into an agreement with a Paying Agent to ensure that the Borough can meet its obligations undertaken herein to the holders of the Refunding Bonds.  The Chief Financial Officer may, however, elect not to select a Paying Agent for the Refunding Bonds, and may elect to select a Paying Agent at any time prior to or subsequent to the issuance of the Refunding Bonds.  However, the Chief Financial Officer shall select a Paying Agent upon any determination to cause the Refunding Bonds to be registered in the names of the beneficial owners thereof, as provided in Section 10 or Section 11 hereof.

 

            Section 10.  The Chief Financial Officer is hereby authorized to enter into an agreement with DTC setting forth the respective obligations of DTC, the Borough and the Paying Agent (if any) with respect to the payment and transfer of the Bonds.  The Borough agrees to comply with all obligations set forth in such agreement.

 

            Section 11.  In the event that DTC shall determine to discontinue providing its services as securities depository with respect to the Refunding Bonds, the Borough and the Paying Agent (if any) may enter into an agreement with a substitute securities depository, if available.  Alternatively, the Borough and the Paying Agent (if any) may cause the Refunding Bonds to thereafter be registered in the names of, and delivered to, each beneficial owner of the Refunding Bonds.

 

            Section 12.  The Borough may terminate the services of DTC as securities depository with respect to the Refunding Bonds if the Borough determines that (i) DTC is unable to discharge its responsibilities with respect to the Refunding Bonds, or (ii) continued use of the book-entry system is not in the best interests of the beneficial owners of the Refunding Bonds.  In such event, the Borough and the Paying Agent (if any) shall either contract with a substitute securities depository or cause the Bonds to be registered in the names of the beneficial owners thereof, as provided in Section 9 hereof.

 

Section 13.   A Continuing Disclosure Certificate in substantially the form attached hereto as Exhibit B is hereby approved, and the Chief Financial Officer is hereby authorized and directed to execute and deliver a Continuing Disclosure Certificate on behalf of the Borough in substantially such form, with such insertions and changes therein as the Chief Financial Officer may approve, such approval to be evidenced by his/her execution thereof.

 

            Section 14. Covenants in Respect of Federal Tax Laws.  The Borough covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on any obligations issued hereunder under Section 103 of the Internal Revenue Code of 1986, as amended ("Code"). The Borough will not directly or indirectly use or permit the use of any proceeds of any obligations issued hereunder or any other funds of the Borough, or take or omit to take any action that would cause any obligations issued hereunder to be "arbitrage bonds" within the meaning of Section 148(a) of the Code or “private activity bonds” within the meaning of Section 141 of the Code. To that end, the Borough will comply with all requirements of the Code to the extent applicable to any obligations issued hereunder as set forth in the Borough’s Non-Arbitrage Certificate or similar certificate to be executed in connection with the Refunding Bonds. In the event that at any time the Borough is of the opinion that for purposes of this Section it is necessary to restrict or limit the yield on the investment of any proceeds of any obligations issued hereunder held by or on behalf of the Borough, the Borough shall take such action as may be necessary to effect such restriction.

 

Without limiting the generality of the foregoing, the Borough shall pay or cause to be paid from time to time all amounts required to be rebated ("Rebate Amounts") to the United States pursuant to Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be applicable to any obligations issued hereunder and such notes from time to time. This covenant shall survive payment in full or defeasance of any obligations issued hereunder.

 

Notwithstanding any provision of this Section, if the Borough obtains an opinion of nationally recognized bond counsel to the effect that any action required under this Section is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of the interest on any obligations issued hereunder pursuant to Section 103 of the Code, the Borough may rely conclusively on such opinion in complying with the provisions hereof, and the covenants hereunder shall be modified to the extent set forth in such opinion without further action by the Borough.

 

Section 15.  The Refunding Bonds are hereby designated as "Qualified Tax-Exempt Obligations" for purposes of Section 265(b)(3) of the Code, relating to an exception to the disallowance of interest expense of certain financial institutions allocable to tax-exempt interest.  The aggregate amount of tax-exempt obligations issued by the Borough during calendar year 2004 prior to the date of issuance of the Refunding Bonds, together with the aggregate amount of the Refunding Bonds, does not exceed $10,000,000.  The Borough reasonably anticipates that the aggregate amount of tax-exempt obligations issued and to be issued in calendar year 2004 by the Borough will not exceed $10,000,000 and covenants that the aggregate amount of tax-exempt obligations, including the Refunding Bonds, issued by the Borough will not exceed $10,000,000, during calendar year 2004, without an opinion of nationally recognized bond counsel to the effect that such action will not adversely affect the status of the Refunding Bonds as "Qualified Tax-exempt Obligations" under Section 265(b)(3)(B) of the Code.

 

Section 16.In the event that legislation becomes effective or is deemed applicable prior to the sale of the Refunding Bonds eliminating the requirement of an award resolution following the sale of the Refunding Bonds, the Borough Council hereby designates the Chief Financial Officer to sell and award the Bonds in accordance with this resolution.  The Chief Financial Officer is hereby directed to report, in writing, to the Borough at its first meeting after the sale of the Bonds as to the principal amount, interest rate and maturities of the Bonds sold and the price obtained.  If the aforementioned legislation has not been approved or deemed inapplicable, such details of the Refunding Bonds shall be approved by subsequent resolution of the Borough.

 

Section 17.  The Chief Financial Officer of the Borough is hereby designated, authorized and directed to perform or determine any other matters or details relating to the Refunding Bonds.  The Chief Financial Officer shall report in writing to the Borough Council at the meeting next succeeding the date of sale or delivery of the Refunding Bonds, the price obtained, amount issued, interest rate, maturity schedule and other details of said Refunding Bonds and a copy of such report shall be filed within five days after such meeting to the Local Finance Board.

 

Section 18.  The Chief Financial Officer of the Borough shall be and is hereby authorized and directed to execute and deliver, for and on behalf of the Borough, any and all instruments, opinions, affidavits, certificates, documents, Internal Revenue Service forms or other papers, including, but not limited to Escrow Deposit Agreements, and to do and to perform or cause to be done any and all acts as they may deem necessary or appropriate in order to implement the issuance, execution and delivery of the Refunding Bonds and the matters herein and is hereby authorized to pay out of the proceeds of the Refunding Bonds the costs of issuance therefor.

 

Section 19.  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  28  day of  April , 2004.

 

I DO HEREBY CERTIFY that said Borough Council consists of  6  members and that   5        members thereof were present at said members voted affirmatively for the meeting and that   5    members voted affirmatively for the adoption of said resolution.

 

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this    29  day of  April , 2004.

 

                                                                         

Julie Martin, Borough Clerk

 

Borough of Englishtown   

Resolution No. 2004-93

 

Title Change of Part Time Court Clerk Typist

To Deputy Court Clerk

 

            Whereas, it is the recommendation of the Municipal Court Administrator to change the title of Rhoda Overgard from Part Time Court Clerk Typist to Deputy Court Clerk;

 

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

 

1.      That Rhoda Overgard is hereby titled Deputy Court Clerk for Englishtown, effective April 28, 2004 until December 31, 2004.

 

2.      Shall be under the direction of the Municipal Court Administrator.

 

Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Chief Financial Officer, Municipal Court Administrator and Rhoda Overgard.

 

Offered By:                 C/Gallagher

 

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. 2004-94

 

Authorization Allowing Aerial Spraying Of Pesticides By

Monmouth County Mosquito Extermination Commission

           

            Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Englishtown; and

 

            Whereas, we understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.

 

            Now, Therefore, Be It Resolved it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.

           

            Be It Further Resolved by the Mayor and Council of the Borough of Englishtown that this approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.

 

Offered By:                  C/Palmieri

 

Seconded By:               C/Simon

 

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. 2004-95

 

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 necessary quotes have been received and are on file; 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 – Well Pump #2 Replacement       $12,263.00

 

Purchased From:

A.C. Schultes, Inc.

Woodbury, N.J.

 

            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

 

Borough of Englishtown

Resolution No. 2004-96

 

RESOLUTION AUTHORIZING THE LEGAL SERVICES OF

MICHAEL R. LECKSTEIN, ESQ. TO SERVE AS SPECIAL COUNSEL TO THE BOROUGH OF ENGLISHTOWN IN A LEGAL MATTER REGARDING A TAX APPEAL FILED BY VERIZON (BLOCK 12, LOT 12).

 

            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; 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/Soden

 

Seconded By:               C/Gallagher

 

Roll Call:     Ayes:         C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                  Nays:         None

               Absent:         C/Rucker

              Abstain:          None

 

Tax Collector’s Report

 

Month of March, 2004

 

                        Current Taxes 2004                              18,398.46

                                     Taxes 2003                              15,361.63

                        Interest & Cost on Taxes                         1,663.98

                        Third Party Lien                                     21,285.58

 

                                    Total Cash Receipts                   56,709.65

 

Public Portion

 

Mayor Reynolds opens the floor to the public for any items they wish to bring to the attention of the Governing Body.

 

Ellen Barbiero of 22 Heritage Drive states it has been brought to my attention that the construction of 134 multi-family dwelling units which I thought ,was supposed to be Affordable Housing will all be rental units.  This concerns me.  I would like to know if a survey has been conducted and what is the engineers report on the affect of the new housing on our sewer system, water supply, added children in the school system and excess traffic in our town.

 

C/Gallagher explains that we were sued by the builder and lost.  With the water we are trying to get more diversion rights.  Regarding the traffic, the Y intersection at Wood Ave/LaSatta is going to be reconfigured.  This will help the traffic flow.  Also, The Planning Board has really worked hard to have the site look nice.

 

C/Simon states that we would have preferred to have for sale units however we had no control over that decision.  We did however get the number of units dropped down from over 200 units to 134 units.

 

Ellen Barbiero asks how this is going to affect our ratables.

 

Mayor Reynolds responds that the ratable will go up but you will have the increased cost of additional children in the school system. 

 

Discussion continues between Ellen Barbiero, Mayor and Council.

Joe Palmieri, English Club Drive, states we have a problem with Marpal, the garbage company.   They have again destroyed the enclosures around the dumpsters.  We expanded the enclosures, as we were asked, so the dumpsters would fit, however they are still knocking them over.  Not only are they knocking those over, they are also knocking over the mailboxes by backing into them.  We spoke to our Management Company today and they said we should speak to the Council about the problem.

 

Julie Martin, Municipal Clerk responds I will call Marpal tomorrow and speak with them about this situation.

 

Mayor Reynolds states that if we don’t get satisfaction then we will take legal action.

 

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.

 

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, pending litigation and anticipated 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/D’Agostino

 

Roll Call:     Ayes:  C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri:

                   Nays:  None

                Absent:  C/Rucker

               Abstain:  None

 

The time being 8:33 P.M.

 

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

 

The time being 9:26 P.M.

 

Adjournment

 

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

 

The time being 9:37 P.M.

 

 

 

          May 26, 2004                                                       ________________________

Approved by Governing Body                                          Clerk