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

March 9, 2005

7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.         Meeting Called to Order and Roll Call

 

2.         Statement of Compliance with Sunshine Law

 

3.         Moment of Silence and Salute to the Flag

 

4.         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. Ordinance No. 2005-04 – Public Hearing and Adoption

Authorizing Cable Vision Agreement

 

B.  Ordinance No. 2005-06 – Public Hearing and Adoption

Ordinance Establishing Limits For Salaries of the Employees

of the Borough of Englishtown

 

C.  Ordinance No. 2005-07 – Public Hearing and Adoption

Amending and Supplementing Chapter 2.106 (Sewers)

 

D.  Ordinance No. 2005-08 – Public Hearing and Adoption

Amending and Supplementing Chapter 2.126 (Water)

 

8.         New Business:

 

E.  Ordinance No. 2005-05 (Revised) – First Reading and Introduction

2005 “Cap” Ordinance To Exceed Index Rate; Index Rate Less Than 3.5% Limitation For The Year 2005 (N.J.S. 40A: 4-45.14)

 

F.  Resolution No. 2005-062

Authorizing Add-back Senior Citizen Deductions

 
G. Resolution No. 2005-063

Resolution Introducing the Municipal Budget for Year 2005

 

H. Resolution No. 2005-064

Application To The Local Finance Board For Budget Operations Outside “CAP” Limitations

 

I.  Resolution No. 2005-065

Authorizing Purchases Over $800 – Borough Auditor

 

J.  Resolution No. 2005-066

Authorizing Submittal of Extraordinary Municipal Aid

 

K. Resolution No. 2005-067

Authorizing Borough Engineer To Advertise/Receive Bids For Water Street Improvements

 

L.      Resolution No. 2005-068

Authorizing Emergency Temporary Appropriations

 

M.   Resolution No. 2005-069

Authorizing Purchases Over $800 – Well Testing

 

N.    Resolution No. 2005-070

Authorizing Purchases Over $800 – V & K Construction

Extending Electrical Service of Sanford Park Change Order

 

O.    Resolution No. 2005-071

Change Order No. 1 and Final Construction of Restrooms Sanford Park

 

P.  Resolution No. 2005-072

Authorizing Payment of Borough Bills

 

Q.    Resolution No. 2005-073

Authorizing Purchases Over $800 – Jersey Truck Equipment Co., Inc. Snow Plow Assembly

 

            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,

                Absent:    C/Palmieri

 

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.

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Gallagher states nothing at this time.

 

C/Soden states delinquent notices were sent out from the Water/Sewer Department.  Gina Frangipane, Water/Sewer Clerk collected about $17,000.00.  There is one person with no water and the Health Department was notified.  We received $58,356.57 from the Village Center for water/sewer connections.

 

C/D’Agostino states nothing at this time.

 

C/Simon states the police activity report from 2/20/05 – 3/3/05 there were 326 calls and 74 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states the gentlemen from the Housing Department came in and met with us yesterday regarding Oxford Crossing, which will be built off of Wilson Avenue.  There will be about 40 units built of which 7 will be affordable housing; 3 will be moderate-income units and 4 low-income units.  Applicants within the next few days will be able to pick up applications from my office. 

 

Open Public Portion – Agenda Items

 

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

 

Jayne Carr, Main Street asks if Englishtown residents would get first priority for the affordable housing units over the State list?

 

Julie Martin responds they will give priority to those who specifically request Oxford Crossing. 

 

Jayne Carr asks regarding Resolution No. 2005-071.  Does that mean the restrooms are near completion?

 

Mayor Reynolds responds that Resolution was for the additional electrical work needed.

 

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

 

Old Business

 

ORDINANCE NO.  2005-04                                Public Hearing & Adoption

AN ORDINANCE GRANTING MUNICIPAL CONSENT

FOR THE OPERATION OF A CABLE SYSTEM WITHIN

THE BOROUGH OF ENGLISHTOWN, NEW JERSEY

TO CABLEVISION OF MONMOUTH, INC.

 

WHEREAS, the governing body of the Borough of Englishtown (hereinafter referred to as the “Borough”) determined that Cablevision of Monmouth, Inc.,  (hereinafter referred to as “the Company” or “Cablevision”) has the technical competence and general fitness to operate a cable system in the Borough, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise for the placement of facilities and the establishment of a cable television system in the Borough; and

 

WHEREAS, by application for renewal consent filed with the Borough and the Office of Cable Television on or about July 1, 2004, Cablevision has sought a renewal of the franchise; and

 

WHEREAS, the Borough having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Borough‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and has committed to certain undertakings responsive to the Borough’s future cable-related needs and interests; and

 

WHEREAS, the governing body of the Borough has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal complies with the requirements set forth below, the Borough’s municipal consent to the renewal of the Franchise should be given.

 

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

 

SECTION 1.  DEFINITIONS

 

For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:

 

(a)        “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

(b)        “Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Borough Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

(c)        “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.

(d)        “Borough” shall mean the governing body of the Borough of Englishtown in the County of Monmouth, and the State of New Jersey.

(e)        “Company” shall mean Cablevision of Monmouth, Inc. (“Cablevision”) the grantee of rights under this Ordinance.

(f)         “FCC” shall mean the Federal Communications Commission.

(g)        “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.

(h)        “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.

(i)         “State” shall mean the State of New Jersey.

(j)         “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television.  N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.

 

SECTION 2. STATEMENT OF FINDINGS

 

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act.  Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.

 

SECTION 3. GRANT OF AUTHORITY

 

The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system, and for the provision of any communication service over the such system as may be authorized by federal or State regulatory agencies.  Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

 

SECTION 4. DURATION OF FRANCHISE

 

This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.

 

SECTION 5. EXPIRATION AND SUBSEQUENT RENEWAL

 

If Cablevision seeks a renewal of the consent provided herein, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations.  The Company shall also petition the Board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the Borough and the Board relative to the renewal of said consent.

 

SECTION 6. FRANCHISE TERRITORY

 

The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.

 

SECTION 7. SERVICE AREA

 

Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence located in the franchise territory at tariffed rates for standard and nonstandard installation.

 

SECTION 8. FRANCHISE FEE

 

Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Borough, as an annual franchise fee, a sum equal to two (2%) percent of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Borough. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof.

 

SECTION 9. FREE SERVICE

 

Cablevision shall, upon request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public elementary and secondary schools and all municipal public libraries, as well as municipal buildings located within the Borough as set forth in Exhibit A to this Ordinance.

 

Upon written request from the Borough, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Borough, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation.  This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.

 

Upon written request from the Borough, the Company shall provide to Englishtown Borough Hall, without charge, the following: (1) one standard installation; (2) one cable modem per installation; and (3) basic cable modem service for the term of this Ordinance for each installation.  This offer shall be subject to the terms, conditions and use policies of the Company as those policies may exist from time to time.

 

SECTION 10. CONSTRUCTION/SYSTEM REQUIREMENTS

 

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law.  The Company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Borough:

 

(a)        In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work, as determined by the Borough’s engineer under the Borough’s generally applicable laws, rules and regulations.

(b)        If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at its own expense.

(c)        Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work.  The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same.  In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

(d)        During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company.  Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.

 

SECTION 11. TECHNICAL AND CUSTOMER SERVICE STANDARDS

 

Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.

 

SECTION 12. LOCAL OFFICE OR AGENT

 

Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters.  Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

 

SECTION 13. DESIGNATION OF COMPLAINT OFFICER

 

The Office of Cable Television is hereby designated as the complaint officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26.  All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.

 

SECTION 14. LIABILITY INSURANCE

 

            Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Borough as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.

 

SECTION 15. PERFORMANCE BOND

 

Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Ordinance, a bond in form acceptable to the municipality in the amount of twenty-five thousand dollars ($25,000.00).  Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.

 

SECTION 16. RATES

 

A.       The rates of the Company for cable television services shall be subject to regulation to the extent permitted by federal and State law.

B.        Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off the monthly rate of the broadcast basic level of cable television reception service to any person sixty-two (62) years of age or older who subscribes to the Company’s cable television service, subject to the following:

(i)         Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,

(ii)        In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,

(iii)       The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,

(iv)       Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount.

 

SECTION 17. EMERGENCY USES

 

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough pursuant to state and federal requirements.  The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein.  The Borough shall utilize the state-approved procedures for such emergency uses.

 

SECTION 18.  EQUITABLE TERMS

 

In the event that another multi-channel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation.  Should the Company seek such amendments to its franchise, the parties agree to negotiate in good-faith appropriate changes to the franchise in order to relieve the Company of such competitive disadvantages.  If the parties can reach an agreement on such terms, the Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.

 

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.

 

In any subsequent municipal consent, the Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough’s regulatory authority as those contained in the instant consent.  In the event such subsequent consent does not contain the same terms and conditions as the instant consent, the Borough agrees to support the Company’s petition to the Board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company’s petition.

 

SECTION 19. REMOVAL OF FACILITIES

 

Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.

 

SECTION 20. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS

 

A.       Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access as described in the Application for municipal consent.

B.        The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of providing PEG access programming.  In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough’s provision of PEG access programming on such channel.

C.        In consideration for the rights granted in this Ordinance, the Company shall provide the Borough with a one-time grant of six thousand four hundred dollars ($6,400.00), payable within twelve (12) months of the issuance of the renewal certificate of approval from the Board, which may be used by the Borough for any cable and/or other technology related purpose as the Borough, in its discretion, may deem appropriate.

 

SECTION 21. INCORPORATION OF APPLICATION

 

All of the commitments contained in the Application and any amendment thereto submitted in writing to the Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent.  The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.

 

SECTION 22. CONSISTENCY WITH APPLICABLE LAWS

 

This consent shall be construed in a manner consistent with all applicable federal, State and local laws.

 

SECTION 23. SEPARABILITY

 

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

 

SECTION 24. EFFECTIVE DATE

 

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.

 

BE IT FURTHER ORDAINED that this Ordinance shall take effect upon the passage, and publication as required by law.

 

Public Hearing

 

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

John Bennett, Borough Attorney introduces Mr. Sam Collari of Cablevision to the Mayor and Council and the public to address any questions they may have regarding the contents of the above titled Ordinance.

C/Simon asks is there any opportunity to get more flexibility in the channels?

 

Mr. Collari responds just let me know the channels you request and I can run it by our programming department to see the availability.

 

Jayne Carr, Main Street asks what are the criteria to get a public access channel?

 

Mr. Collari responds it is up to the town to express an interest and need for their own public access channel.

 

Discussion continued between Mayor and Council, Mr. Collari and the public on the needs and growth of the Borough.

 

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

Adoption

A motion to adopt Ordinance No. 2005-04, above titled, was offered by C/Simon and seconded by C/D’Agostino.  Passed on the following roll:

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

             Nays:    None

            Absent:   C/Palmieri            

           Abstain:   None

 

Mayor and Council thank Mr. Collari for coming to tonight’s meeting.

 

ORDINANCE NO. 2005-06                                            Public Hearing & Adoption

 

Ordinance Establishing Limits For Salaries

Of The Employees Of The Borough of Englishtown,

County of Monmouth, State of New Jersey

 

            Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

 

Ordinance number 2004-07 is hereby amended/supplemented:

           

            Section I:  The annual salary ranges are established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.

 

POSITION                                                                                        SALARY

                                                                            MINIMUM                                MAXIMUM

 

CHIEF FIN. OFFICER                                          $15,000.00                                $41,000.00

DEPUTY COURT CLERK                                    $     500.00                                $28,000.00

BUSINESS ADMINISTRATOR                           $15,000.00                                 $41,000.00

 

            Section II:  Salaries shall be set forth by Resolution of Mayor and Council within the

aforementioned salary guidelines.

 

            Section III:  Payment of salaries shall be in equal bi-weekly, monthly, quarterly or other

 installments as the Mayor and Council may from time to time resolve.

 

            Section IV:  All ordinances or parts of ordinances inconsistent with this ordinance are

 hereby repealed.

 

            Section V:  This ordinance shall take effect upon its passage and publication according

 to law.

 

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 and seconded by C/Simon.

Adoption

A motion to adopt Ordinance No. 2005-06, above titled, was offered by C/Simon and seconded by C/D’Agostino.  Passed on the following roll:

Offered By:          C/Simon

 

Seconded By:      C/D’Agostino

 

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

              Nays:    None

          Abstain:     None

           Absent:    C/Palmieri

 

ORDINANCE NO. 2005-07                                            Public Hearing & Adoption

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.106 (SEWERS) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

             Be It Ordained by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:

 

1.   Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after March 13, 2005, be charged a connection fee of $886.00 (eight hundred eighty-six) dollars.

 

2.      All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

3.      This ordinance shall take effect upon final adoption and publication pursuant to law.

 

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 and seconded by C/Simon.

Adoption

A motion to adopt Ordinance No. 2005-07 above titled, was offered by C/Soden and seconded by C/Simon.  Passed on the following roll:

Offered By:          C/Soden

 

Seconded By:      C/Simon

 

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

              Nays:    None

          Abstain:     None

           Absent:    C/Palmieri

 

ORDINANCE NO. 2005-08                                            Public Hearing & Adoption

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.126 (WATER) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            Be It Ordained by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:

 

1.  Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

 

(1) Taps.  [Amended 3/14/85, Ord. 85-4; 2/25/87, Ord. 87-02]

For all taps on installations from the main to the curb stop made by   the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: 

 

$2,731.00 (two thousand, seven hundred and thirty-one dollars) per  E.D.U.

 

                            Type of  Service                      E.D.U.’s     

 

                           Single-family dwellings                 1

 

Single-family dwellings

                          (with garbage disposal)               1-1/4

        

                          Apartments or multi-family

Dwellings (each unit charge)         1

 

Single-family dwelling

(with business use)                        2

                   

Single-family dwelling     

(with medical or dental office)        2-1/2

 

Service station                              1        

 

Service station

(with car wash facilities)                2        

 

Diner; tavern; restaurant               

 (for each seating capacity of

                          50 or part thereof)                        3

        

Swim club                                    6        

 

Schools                                        1

(for each 28 student

and faculty thereof)

 

Churches; clubs;

Nonprofit organizations:                1        

 

Hospitals and  nursing homes  

(for each 5 patients and

staff facilities)                                1

 

Public buildings                             1        

 

Supermarkets

(for each 6 employees)                 1

 

Business (Commercial)

                          Type of  Service                                                    E.D.U.’s     

 

For each commercial unit utilized by a separate

owner or tenant or for first 4 fixture unite or less         1                 

 

For each 2 additional fixture units or less

(whichever of the above is greater)                            1        

 

Industrial plants

(for each 5 employees)                                             1        

 

Laundromat

(for each 3 machines)                                               1        

 

Water plants

(for each 100,000 gallons discharged per quarter)    1        

                      

                       Or, as specified by the D.E.P.

 

(2) No new service shall be installed under the size of one (1) inch tap.

 

(3) Any cost incurred by the Borough on installations from the main to the curb stop shall be borne by the applicant.

 

 

2.  Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.

                 

3.      This Ordinance shall take effect following final adoption and publication pursuant thereto.

 

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 and seconded by C/Simon.

Adoption

A motion to adopt Ordinance No. 2005-08 above titled, was offered by C/Soden and seconded by C/Simon.  Passed on the following roll:

Offered By:            C/Soden

 

Seconded By:         C/Simon

 

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

                 Nays:     None

             Abstain:      None

              Absent:     C/Palmieri

 

New Business

 

ORDINANCE NO. 2005-05 REVISED              First Reading & Introduction

 

STATE FISCAL YEAR 2005 ORDINANCE TO EXCEED

THE MUNICIPAL BUDGET COST OF LIVING ALLOWANCE

AND TO ESTABLISH A CAP BANK WHEN THE COLA IS

EQUAL TO OR LESS THAN 2.5 PERCENT (N.J.S.A. 40A:4-45.14)

 

Whereas, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% or the Cost-of-Living Adjustment (COLA), whichever is less, over the previous year's final appropriations, subject to certain exceptions; and

 

Whereas, N.J.S.A. 40A:4-45.14 provides that a municipality may, in any year in which the COLA is equal to or less than 2.5%, increase its final appropriations by a percentage greater than the COLA, but not to exceed the 3.5% rate as specified in the law, when authorized by ordinance; and

 

Whereas, the COLA for SFY 2005 has been certified by the Director of the Division of Local Government Services in the Department of Community Affairs as 2.5%; and

 

Whereas, N.J.S.A. 40A:4-45.15a provides that a municipality may, in any year in which the COLA is equal to or less than 2.5%, may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and

 

Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth finds it advisable and necessary to increase its SFY 2005 budget by more than 2.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and

 

Whereas, the Governing Body hereby determines that a 3.5% increase in the budget for said year, amounting to $32,140.99 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

 

Whereas, the Governing Body hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

Now, Therefore, Be It Ordained, by the Governing Body of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this Governing Body affirmatively concurring, that, in the SFY 2005 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this Ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $32,140.99, and that the SFY 2005 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this Ordinance.

 

Be It Further Ordained that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

Be It Further Ordained that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction.

 

Be It Further Ordained that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

 

A motion to introduce the above titled Ordinance was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

Offered by:           C/Soden         

 

Seconded by:        C/D’Agostino

 

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

                Nays:     None     

             Absent:     C/Palmieri
            Abstain:     None

 

Julie Martin, Municipal Clerk advises Public Hearing and Adoption will be on March 23, 2005 at the regularly scheduled Council Meeting.

 

Borough of Englishtown

Resolution No. 2005-062

 

Authorizing Add-back Senior Citizen Deductions

 

            Now, Therefore, Be It Resolved by the Borough Council of the Borough of Englishtown that at the request of the Tax Collector the following senior citizen deductions be added back as owners are not entitled to deductions for the following:

 

Failure to file PD5:

 

Block 15 Lot 11                Burrows                       Year 2004            $250.00

                                                                                   

Both Deceased:

           

                  Block 6 Lot 9            Ulatowski, Vincent &

                                                             Ulatowski, Leo                Year 2005            $250.00

 

 

            Be It Further Resolved that a certified true copy of this resolution be forwarded to the Tax Collector, Tax Assessor, Finance Director and Borough Auditor.

 

Offered By:              C/D’Agostino

 

Seconded By:          C/Simon

 

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

      Nays:      None

               Absent:      C/Palmieri

              Abstain:       None

 

Borough of Englishtown

Resolution No. 2005-063

 

Resolution Introducing the Municipal Budget of the Borough Of Englishtown,

County of Monmouth, for Fiscal Year 2005, with Statements of Revenues and

Appropriations Which Shall Constitute the Local Budget for the Year 2005

 

            Be It Resolved, that the following statements of revenues and appropriations shall constitute the Municipal budget for the year 2005.

 

            Be It Further Resolved, that the said budget be published in The Asbury Park Press in the issue of April 1, 2005.

 

            The Governing Body of the Borough of Englishtown does hereby approve the following as the budget for the year 2005:

 

1.         Appropriation within "Caps"

                        Municipal purposes (Item H-1, Sheet 19)

            (N.J.S. 40a:4-45.2)                                                                $1,120,919.00 

 

2.         Appropriations excluded from "Caps"

                        Municipal purposes (Item H-2, Sheet 28)

            (N.J.S. 40a:4-45.3 as amended)                                             $   665,206.00     

 

Total general appropriations excluded

from "Caps" (Item 0, Sheet 29)                                                           $   665,206.00

 

3.         Reserve for uncollected taxes (Item M,

            sheet 29) -based on estimated 87% of

                        tax collections                                                                         $   162,412.00

 

4.         Total general appropriations

                        (Item 9, Sheet 29)                                                                  $1,948,537.00

 

5.         Less:  Anticipated revenues other than

                        current property tax (Item 5, Sheet 11)

            (i.e. surplus, misc. revenues and receipts

            from delinquent taxes)                                                            $1,190,017.00

 

6.         Difference:  Amount to be raised by taxes

            for support of Municipal Budget (As Follows)

 

            A.  Local tax for Municipal purposes

                  including reserve for uncollected

                  taxes (Item 6 (A), Sheet 11)                                           $   758,521.00

 

            Notice is hereby given that the Budget, and Tax Resolution was approved by the Mayor and Council of the Borough of Englishtown, County of Monmouth on March 9, 2005.

 

            A hearing on the Budget and Tax Resolution will be held at 15 Main Street, Englishtown, NJ 07726 on April 13, 2005 at 7:30 p.m. at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.

 

Offered By:           C/Simon

 

Seconded By:       C/D’Agostino

 

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

                 Nays:   None

              Absent:   C/Palmieri

              Abstain:  None

 

Borough of Englishtown

Resolution No. 2005-064

 

Application to the Local Finance Board for

Budget Operations Outside "CAP" Limitations

 

            Whereas, The Borough of Englishtown desires to make application to the Local Finance Board for its review and/or approval of a proposed Budget for the Year 2005 authorizing the utilization of Operating Appropriations outside the "CAP"; and

 

            Whereas, the Mayor and Council of the Borough of Englishtown believes:

 

(a)    It is in the public interest to accomplish such purpose;

(b)    Said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;

(c)    The amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

(d)    The proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:

 

            Section 1.  The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, and the Borough Auditor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.

 

            Section 2.  The Clerk of the Borough of Englishtown is hereby directed to prepare and file a copy of the proposed Application with the Local Finance Board as part of such application.

 

            Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

 

Offered By:            C/Simon

 

Seconded By:        C/D’Agostino

 

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

                  Nays:   None

   Absent:   C/Palmieri

              Abstain:   None

 

Borough of Englishtown

Resolution No. 2005-065

 

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:

 

            Preparation of Application to the Local Finance Board

            For Budget Operations Outside “CAP” Limitations

                                                                                  Not To Exceed $1,300.00

Services Rendered From:

 

                                    Eugene M. Farrell, Borough Auditor

                                    Hutchins, Farrell, Meyer & Allison

                                    912 Highway 33 - Suite 2

                                    Freehold, NJ  07728

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:           C/Simon

 

Seconded By:       C/D’Agostino

 

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

               Nays:     None

            Absent:     C/Palmieri

           Abstain:      None

 

                       

Borough of Englishtown

Resolution No. 2005-066

 

Authorizing Submittal of Extraordinary Municipal Aid

 

Whereas, The Extraordinary Municipal Aid Program addresses a municipality's need for additional State aid to minimize increases in it's property tax rate; and

 

             Whereas, The governing body wishes to submit an application for said aid.

 

            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 the submittal of The Extraordinary Aid Application-CY 2005 to the Division of Local Government Services.

  

Offered By:               C/Simon

                       

Seconded By:           C/Gallagher

 

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

                 Nays:       None

               Absent:      C/Palmieri

              Abstain:      None

 

Borough of Englishtown

Resolution No. 2005-067

 

Resolution Authorizing the Borough Engineer

To Advertise and Receive Bids for

Water Street Improvements

 

            Whereas, the Borough of Englishtown desires to perform improvements to the curbs and sidewalks on Water Street; and

 

            Whereas, the Mayor and Council has authorized the Borough Engineer to prepare bid documents for the Project.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey that the Borough Engineer is hereby authorized to advertise and receive bids for the Project.

 

Offered By:             C/Simon

 

Seconded By:         C/D’Agostino

 

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

                   Nays:   None

               Abstain:   None

                Absent:   C/Palmieri

 

Borough of Englishtown

Resolution No. 2005-068

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2005 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 2005 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A: 4-20) including this Resolution total $1,120,089.50.

 

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.

 

Offered By:          C/Simon

                                               

Seconded By:       C/Gallagher

 

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

                 Nays:   None

               Absent:  C/Palmieri

              Abstain:  None

 

Borough of Englishtown

Resolution No. 2005-069

 

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:

 

Lab Testing for 3 Landfill Wells            $1,650.00                       

 

Purchased From:

 J.R. Henderson

Beachwood, 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/Simon

 

Seconded By:      C/D’Agostino

 

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

               Nays:    None

            Absent:    C/Palmieri

           Abstain:    None

 

Borough of Englishtown

Resolution No. 2005-070

 

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:

 

Extending Electrical Service Of

Sanford Park Restrooms                        $11,800.00

 

Purchased From:

 V & K Construction

Edison, 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/Simon

 

Seconded By:        C/D’Agostino

 

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

                  Nays:   None

               Absent:   C/Palmieri

              Abstain:   None

 

Borough of Englishtown

Resolution No. 2005-071

 

Change Order No. 1 and Final

Construction of Restrooms in Sanford Park

 

            Whereas, the Borough received a grant from the Monmouth County Community Development (CDBG) in the amount of $61,904.00 for the Construction of Restrooms in Sanford Park (Project); and,

 

            Whereas, the Borough received bids for the Project, and the low bidder was V&K Construction, Edison, NJ, in the amount of $78,300.00; and,

 

            Whereas, the Borough requested an additional $25,000 from CDBG, to award and contract for the Project; and,

 

            Whereas, the Borough actually received an additional $18,394.16 from CDBG, for a total of $80,298.16 for the Project; and,

 

            Whereas, a contract was awarded to V&K Construction, Edison, NJ, in the amount of $78,300.00; and,

 

            Whereas, it was originally planned to run the electrical service from a pole that exists in the rear of an adjacent lot fronting on Main Street (#49) to the Project, and the cost to extend the electrical service to the Project was not included in the bid proposal; and,

 

            Whereas, JCP&L stated that the original plan was prohibited because of the proximity of the existing dwelling, as well as the existing pool, which is located underneath the proposed electrical service, and, JCP&L recommended running the electrical service from the utility pole located at the entrance to Sanford Park on Main Street, down the alley, to the proposed restrooms; and,

 

            Whereas, the Borough received two (2) proposals for extending of the electrical service to the proposed restrooms in Sanford Park as follows;

and,

 

            Whereas, V&K Construction is the contractor for the Project, and also submitted the lowest proposal, we recommend that we issue a change order to V&K for the work.

  

            Whereas, the Borough realizes that wherever the Project was placed in Sanford Park, there would be a cost to the Borough to run electrical service to the nearest utility connection.

                       

            Now, Therefore, Be It Resolved, that the Borough hereby approves a change order to V&K Construction, Edison, NJ, in the amount of Eleven Thousand, Eight Hundred ($11,800.00) dollars for extending of the electrical service to the proposed restrooms in Sanford Park, herein called Project, for a total contract amount of $90,100.00, which amounts to 15% increase in the original contract cost.

 

Offered by:           C/Simon                                                                                  

 

Seconded by:        C/D’Agostino

 

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

               Nays:      None

            Abstain:      None

             Absent:     C/Palmieri

 

Borough of Englishtown

Resolution No. 2005-072

 

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 $75,293.45 be and

                   the same are hereby authorized to be paid on March 9, 2005.

 

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

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

 

Offered  by:             C/D’Agostino

 

Seconded by:          C/Simon

 

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

                   Nays:    None

                Absent:    C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2005-073

 

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:

 

             Fisher Snow Plow Assembly                        $2,546.00

 

Purchased From:

 Jersey Truck Equipment Company, Inc.

Farmingdale, 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/Simon

 

Seconded By:       C/D’Agostino

 

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

                 Nays:   None

              Absent:   C/Palmieri

             Abstain:   None

           

Public Portion – Non Agenda Items

 

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

 

There being no questions or comments from the public, a motion to close the public portion was offered by C/Simon and 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 personnel, and litigation; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:            C/Simon

 

Seconded By:        C/D’Agostino

 

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

                   Nays:  None

                Absent:  C/Palmieri

               Abstain:   None

 

The time being  8:03 P.M.

 

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

 

The time being 8:34  P.M.

 

Adjournment

 

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

 

The time being 8:35 P.M.

 

 __May 25, 2005___________                                          ________________________

Approved by Governing Body                                          Clerk