* A G E N D A *

 

SEPTEMBER 8, 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.         Committee Reports

 

5.         Correspondence

 

6.         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.

 

7.        Old Business

 

A.     Resolution Number 2004-125

Amended Resolution Requesting Title Correction In The CY2004 Budget

 

           8.         New Business

                     

B.  Resolution Number 2004-150

Waiver of License and Fee For Peddlers at Englishtown Fall Festival

 

C.  Resolution Number 2004-151

Authorizing Payment of Borough Bills

 

D.     Resolution Number 2004-152

Resolution of Borough of Englishtown, County of Monmouth, New Jersey

$1,820,000 General Obligation Refunding Bonds, Series 2004, consisting of $750,000 General Improvement Refunding Bonds, $325,000 Sewer

Utility Refunding Bonds and $745,000 Water Utility Refunding Bonds

 

 9.        Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough

Council's discretion.  Any and all situations regarding Borough

Personnel, when names are implied or mentioned, are to be brought

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

            10.      Executive Session

 

11.       Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

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

                Absent:   None

 

Also present were Julie Martin, Municipal Clerk, Lynn Tillman, Deputy Municipal Clerk, and Thomas Bace, standing in for 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.

 

Committee Reports

 

C/Rucker states regarding the purchase and installation of the emergency generator, we are just waiting on the engineer to get the specs so we can go out to bid.

 

C/Palmieri states on September 11th we will be having a memorial service at 9:11 a.m.

 

C/Gallagher states there is a Resolution on tonight’s agenda for the refunding of bonds.  I just wanted to clarify that the Public Works Building wasn’t refinanced.  There was $100,000.00 left on the bond, they paid off $50,000.00 and rebonded for the balance of $50,000.00.

 

C/Soden asks, Does anyone know what we will be saving with the refinancing of the bonds?

 

Mayor requests Himanshu Shah, CFO to attend next council meeting to give a break down of what we will be saving through the refinancing of the bonds.

 

C/Soden states the police activity report from 8/23 - 9/5, there were 437 calls, 87 motor vehicle stops, and 76 tickets were issued.  As most of you are aware, the new police car was in an accident.  We don’t know yet if the car is totaled and the Police Officer is currently out under Workmen Comp.

 

C/D’Agostino states nothing at this time.

 

C/Simon states a half hour prior to our next Council Meeting on September 22nd; there will be a public hearing with Cablevision regarding renewing the application for another ten years. Secondly, we have had 99% of residents’ license there pets.  There are 3 outstanding.

 

Correspondence

 

Julie Martin, Municipal Clerk states, we received a citizen complaint.  They are experiencing problems with the Postal Service and are requesting that we get our Borough Attorney to intervene. 

 

C/Soden responds I was in to speak with the Postmaster and the problem they are facing is the mail carrier assigned to this route was injured in the line of duty and can’t do the walking part of the route.  We now have 2 or 3 people doing the route, which is why there is such a range in the mail delivery times. 

 

C/Gallagher states I feel we should have the Mayor send a letter to the Postmaster.  I don’t see reason to get our attorney involved.

 

Mayor Reynolds states I will write a letter to the Postmaster. 

 

Public Portion – Agenda Items Only

 

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

 

Joe Palmieri, Queens Way, asks regarding Resolution No. 2004-152, I am assuming you are refinancing all the existing loans to get a lower rate.  How much lower of a rate?

 

Mayor Reynolds responds, yes it will be a lower rate.  Himanshu Shah, CFO will be present for our next council meeting to give us an analysis of the total savings.

 

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

 

Old Business

 

Borough of Englishtown

Resolution No. 2004-125 AMENDED

 

Resolution Requesting A Title Correction In The CY2004 Budget

 

            Whereas, N.J.S. 40A: 4-85 provides that the Director of the Division of Local Government Services may, at the request of, or with the consent of, the governing body of any county or municipality, make such correction of the title, text or amount of any appropriation appearing in the budget as may be necessary to make said item of appropriation available for the purpose or purposes required for the needs of any county or municipality;

 

            Now, Therefore, Be It Resolved that in accordance with the provisions of N.J.S. 40A: 4-85, the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, hereby requests the Director of the Division of Local Government Services to make the following correction in the 2004 budget:

 

            That the appropriation provided for in the approved budget entitled:

 

·        Water Utility Operating Fund:  Payment of BAN and Capital Notes

be reduced by the sum of $10,000.00

 

            And an appropriation in the like amount of $10,000.00 be added to the budget entitled:

 

·        Water Utility Operating Fund: Interest on notes

 

Be It Further Resolved, that the foregoing correction is, in the opinion of the Governing Body, warranted and authorized by the statute referred to above, and is necessary.

 

Be It Further Resolved, that the Municipal Clerk forward two certified copies of this resolution to the Director of Local Government Services for approval.

 

Offered  by:           C/Simon      

 

Seconded by:         C/D’Agostino

 

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

                Nays:     None

             Absent:     None

            Abstain:     None

           

 New Business

 

Borough of Englishtown

Resolution No. 2004-150

 

    Waiver Of License And Fee For Peddlers

 At Englishtown Fall Festival

 

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

 

            Whereas, the Englishtown Recreation Committee has requested a waiver of fees and application process due to the brief nature of the one day festival October 2, 2004 (rain date October 3, 2004); and

 

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

 

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

 

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

 

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

 

Offered By:        C/Soden                                 

           

Seconded By:     C/D’Agostino

           

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

               Nays:   None

            Absent:   None

           Abstain:    None

 

Borough of Englishtown

Resolution No. 2004-151

 

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 $95,599.40 be and

                   the same are hereby authorized to be paid on September 8, 2004.

 

2.        The Borough Clerk be and is hereby directed to list on the page in the Minutes Book

        following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered  by:        C/D’Agostino

 

Seconded by:      C/Simon

 

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

                Nays:  None

             Absent:  None

            Abstain:  None

 

Borough of Englishtown

Resolution No. 2004-152 

 

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 one (1) series described as “Borough of Englishtown, County of Monmouth, New Jersey $1,820,000 General Obligation Refunding Bonds, consisting of $750,000 General Improvement Refunding Bonds, Series 2004, $325,000 Sewer Utility Refunding Bonds, Series 2004, and $745,000 Water Utility Refunding Bonds, Series 2004”, shall be dated October 1, 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-only form 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 October 1, 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:                                              October 1, 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.  RBC Dain Rauscher is hereby designated as the Borough’s underwriter in connection with the Refunding Bonds.

 

Section 8. The Refunding Bonds, consisting of one (1) 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.

 

Not withstanding 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 therefore.

 

Section 19.  This resolution shall supersede Resolution No. 2004-92, adopted on April 28, 2004, by the Borough Council of the Borough of Englishtown.

 

Section 20.  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 8th day of September, 2004.

 

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

 

IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Borough this 8th  day of September, 2004.

 

                                                                             

Julie Martin, Borough Clerk

 

Public Portion

 

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

 

Joe Palmieri, Queens Way, states when you send the letter to the Post Office, send a copy to the Inspector General in the Post Office in Washington.  Hopefully you will get better results if they see Washington received a copy.

 

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

 

Seconded By:        C/D’Agostino

 

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

                   Nays:  None 

                Absent:  None

               Abstain:  None

 

The time being 7:45 P.M.

 

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

 

The time being 8:13 P.M.

 

Adjournment

 

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

 

The time being 8:20 P.M.

 

 

 

       November 10, 2004                                              ________________________

Approved by Governing Body                                          Clerk