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

 

August 10, 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.         Approval of Minutes – June 22 and June 28 2005

 

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:

 

A.     Resolution No. 2005-122

2005 Budget Amendment

Public Hearing & Adoption

 

9.         New Business:

 

B.  Resolution No. 2005-128

                              2005 Budget Amendment

                       

C.  Resolution No. 2005-129

Adoption of the 2005 Municipal Budget

 

D.  Resolution No. 2005-130

      2004 Audit of the Borough of Englishtown

 

E.   Resolution No. 2005-131

                              Payment of the Borough Bills

 

10.       Tax Collector’s Reports – June 2005

 

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

 

Mayor Reynolds called the meeting to order at 7:36 P.M.

 

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

                 Absent:        C/D’Agostino

 

Also present were Julie Martin, Municipal Clerk, Christine Robbins, Administration Clerk and John O. Bennett, Borough Attorney.

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

There was a moment of silence and salute to the flag.

 

Approval of Minutes – June 22, 2005

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of June 22, 2005 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

Roll Call:          Ayes:    C/Soden, C/Rucker, C/Simon, C/Palmieri

                      Nayes:    None

                     Absent:    C/D’Agostino

                    Abstain:    C/Gallagher

 

Approval of Minutes – June 28, 2005

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of June 28, 2005 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nayes:    None

                     Absent:    C/D’Agostino  

                    Abstain:    None

 

Committee Reports

 

C/Rucker states nothing at this time. 

 

C/Palmieri states the Patriot’s Day Memorial Service will be held on September 11th here at Borough Hall at 5:30 P.M.

 

C/Gallagher states nothing at this time.

 

C/Soden states the water bills are due on August 15th.

 

C/Simon states the police activity report for the period of 7/25 – 8/7; there were 410 calls and 55 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states the end of July was the last day for pet licensing.  The Code Official sent out 20 summonses for non-licensed cats and dogs.  Also, just a note to council, this evening you will have to sign an affidavit regarding Resolution 2005-130 for the 2004 audit.

 

Open Public Portion – Agenda Items

 

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

 

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

 

Old Business

 

Borough of Englishtown

Resolution No. 2005-122                                                       Public Hearing & Adoption

 

Borough of Englishtown

2005 Budget Amendment

 

            Whereas, the Local Municipal Budget for the Year 2005 was approved on March 9, 2005; and

 

            Whereas, the Public hearing on said budget has been held as advertised; and

 

            Whereas, it is desired to amend said approved Budget.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the attached amendments to the approved Budget of 2005 be made:

 

            Be It Further Resolved, that three certified copies of this resolution be filed in the Office of the Director of the Division of Local Government Services for the Certification of the 2005 Local Municipal Budget so amended.

 

            Be It Further Resolved, that this complete amendment, in accordance with the provision of N.J.S. 40A:4-9, be published in the Asbury Park Press in the issue of August 2, 2005 and that said publication contain notice of public hearing on said amendment.

 

Offered By:                  C/Simon          

 

Seconded By:               C/Gallagher

 

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

                        Nays:   None

                     Absent:    C/D’Agostino

                    Abstain:    None

 

Public Hearing

 

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

 

Jayne Carr, Main Street what was cut out of the budget?

 

Mayor Reynolds responds the extraordinary aid helped us out significantly.  We cut back on the salary for the Construction Department because they are not going to fill the new position until October 1st.  We cut back some money for a computer program and we put in additional surplus that we found from the Water/Sewer Department and there was a grant for the Clean Communities Act of $4,000.00, which offset the budget.  This brought us down to 5.7 cents from 13.8 cents increase.

 

Jayne Carr asked how much is left in surplus?

 

Himanshu Shah, CFO responds approximately $84,000.00. 

 

Jayne Carr asked is that a safe amount to have in surplus?

 

Himanshu Shah responds it’s hard to say if it’s a safe amount, I can only say this is the lowest surplus balance we’ve had over the last ten years that I’ve worked here.

 

Kevin Bosies asks were there any amendments made to revenues due to tax appeals?

 

Mayor Reynolds responds yes, we reduced the housing rental program from $30,000.00 to $12,600.00, based on $200.00 per rental property.  As you know that can always be affected by anybody that does a tax appeal.  Right now we have two tax appeals, which probably will not affect us until next year if they win.

 

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

 

Adoption

 

A motion to adopt Resolution 2005-122, above titled, was offered by C/Simon and seconded by C/Gallagher.  Passed on the following roll call:

 

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

                      Nayes:    None

                    Abstain:    None

                     Absent:    C/D’Agostino

 

New Business

 

Borough of Englishtown

Resolution No. 2005-128                                                       Public Hearing & Adoption

 

 

Borough of Englishtown

2005 Budget Amendment

 

            Whereas, the Local Municipal Budget for the Year 2005 was approved on March 9, 2005; and

 

            Whereas, the Public hearing on said budget has been held as advertised; and

 

            Whereas, the budget was approved on July 27, 2005 and public hearing was held on amendments on August 10, 2005.

 

            Whereas, it is desired to further amend said approved and amended Budget.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the attached amendments to the approved Budget of 2005 be made:

 

            Be It Further Resolved, that three certified copies of this resolution be filed in the Office of the Director of the Division of Local Government Services for the Certification of the 2005 Local Municipal Budget so amended.

 

Offered By:                  C/Simon          

 

Seconded By:               C/Gallagher

 

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

                        Nays:   None

                     Absent:    C/D’Agostino

                    Abstain:    None

 

Public Hearing

 

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

 

Jayne Carr, Main Street states the estimated tax bills went out and now you have these amendments, which will reduce the tax rate.  People already paid their estimated tax bill, which obviously is higher than what is really due.  How does that revenue go back to the taxpayers?

 

Himanshu Shah, C.F.O. responds once the budget is adopted taking into account the higher billing for the third quarter taxes, the fourth quarter bills will be lowered.

 

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

 

Adoption

 

A motion to adopt Resolution 2005-122, above titled, was offered by C/Simon and seconded by C/Gallagher.  Passed on the following roll call:

 

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

                      Nayes:    None

                    Abstain:    None

                     Absent:    C/D’Agostino

 

Borough of Englishtown

Resolution No. 2005-129

 

Adoption of 2005 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                                                       $  523,600.00             

Miscellaneous Revenues Anticipated                                 622,616.00             

Receipts From Delinquent Taxes                                       100,000.00             

 

  1. Amount To Be Raised By Taxation

 

For Municipal Purposes                                                    690,091.00

 

                        Total Revenues                                    $1,936,307.00                         

 

Summary Of Appropriations

 

  1. General Appropriations:

 

Within “Caps”

            Operations Including Contingent                        $1,094,419.00            

 

Deferred Charges & Statutory

            Expenditures - Municipal                                         24,000.00                         

                        Excluded From “Caps”

                                    Operations - Total Operations Excluded

                                          From “Caps”                                                      $ 527,206.00

                                    Capital Improvements                                              20,750.00

                                    Municipal Debt Service                                            85,000.00

                                    Deferred Charges - Municipal Clerk                        25,000.00

                                    Reserve For Uncollected Taxes                             159,932.00

 

                                                      Total Appropriations                            $1,936,307.00

 

Offered By:                  C/Simon

 

Seconded By:               C/Gallagher

 

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

                  Nays:         None

               Absent:         C/D’Agostino

              Abstain:         None

 

Borough of Englishtown

Resolution No. 2005-130

 

2004 Audit of the Borough of Englishtown,

Division of Local Government

 

            Whereas, N.J.S.A. 40a:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

 

            Whereas, the annual report of audit for the year 2004 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40a: 5-6, and a copy has been received by each member of the governing body, and

 

            Whereas, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27bb-34, and

 

            Whereas, the Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled:

 

General Comments

Recommendations

And

 

            Whereas, the members of the Governing Body have personally reviewed as a minimum the annual report of audit, and specifically the sections of the annual audit entitled:

 

General Comments

Recommendations

 

            As evidenced by the group affidavit form of the Governing Body, and

 

            Whereas, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

 

            Whereas, all members of the Governing Body have received and have familiarized with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

 

            Whereas, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27bb-52 – to wit:

 

            R.S. 52:27bb-52 – “A local Officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”                              

           

            Now, Therefore, Be It Resolved, that the Governing Body of the Borough of Englishtown, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance.

 

Offered By:                              C/Simon                      

 

Seconded By:                           C/Gallagher

 

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

                 Nays:                      None

               Absent:                      C/D’Agostino

              Abstain:                      None

 

Borough of Englishtown

Resolution No. 2005-131

 

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 $215,875.69 be and

                   the same are hereby authorized to be paid on August 10, 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/Simon

 

Seconded by:               C/Gallagher

 

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

                   Nays:        None

                Absent:         C/D’Agostino

               Abstain:         None

 

Tax Collector’s Report

 

Month of June, 2005

 

                                    Current Taxes 2005                  23,206.30

                                    Prior Taxes 2004                      24,854.96

                                    Interest & Cost                           2,609.33

                                    Cost of Sale                                  244.94

                                    Advertising Cost                              56.16

                                    6% year end penalty                      940.31

                                    Third Party Lien                         1,526.75

                                    Premium at tax sale                     2,100.00

 

                                    Total Cash Receipt                 $55,538.75

 

Public Portion – Non-Agenda Items

 

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

 

Jayne Carr, Main Street states you said at the last meeting that I could come in and listen to the tapes about the meeting regarding affordable housing.  I did get a chance to listen to the tapes and in fact it didn’t state that Englishtown residents would get a preference, it did state that Monmouth County residents would receive a preference, so I stand corrected.  Secondly reading the newspaper it seems every area surrounding Englishtown is adopting pedophile laws.  Are we looking to do anything about that, because my concern is, if every town around us has a pedophile law and we don’t, that all the pedophiles will come here? 

 

Mayor Reynolds responds, there are legal issues that have to be looked into before something like that could be adopted.  We will look into it.

 

Jayne Carr, states also you were supposed to get back to me regarding the Sanford Park Bathroom Project cost.

 

Mayor Reynolds responds the Community Development grant was $61,904.00.  We also got additional funding from Community Development in the amount of $18,394.84, for a total grant amount of $80,298.84.  The contractor fee for installation of the bathrooms was $90,100.00.  The engineering fees were $4,894.00, for a total construction price of $94,894.00.  The total out of pocket expense to the Borough was $14,595.14.  It also cost $11,800.00 to run the electric lines to the bathroom, which is included in the out of pocket monies.  That money will be taken out of our Builders Infrastructure Fund

 

Jayne Carr states it is my understanding that we don’t have a health inspector in town?

 

Julie Martin, Municipal Clerk responds we utilize Monmouth County Health Department.

 

Jayne Carr asks how often does he come out?  My concern is with the new development of the strip mall.

 

Julie Martin responds our representative comes through town approximately once a week and if we call him he responds right away.  He’s been to the new strip mall a number of times to review plans.  He is very responsive.

 

Jayne Carr, my thoughts are if you are thinking of shared services, I’m sure Manalapan has a health inspector.

 

Mayor Reynolds responds we don’t pay for the health inspector.  The County provides that service.  The Borough is not billed directly for the health inspector’s services.

 

Jayne Carr asks Mayor Reynolds, have you had any more discussion with Manalapan regarding shared services?

 

Mayor Reynolds responds, no I have not.

 

Jayne Carr asks if Mayor and Council are going anywhere with the Economic Development Group?

 

Mayor Reynolds states I have the representatives and we have to decide when would be a good time to meet.

 

Jayne Carr states four or six weeks ago you had asked Julie Martin to go through the Executive Minutes and make a report on anything that a decision was made on already, and I wanted to know where we were with that.

 

Julie Martin states I don’t remember being asked for a report, however I will have that for the next meeting. 

 

Kevin Bosies, Main Street asks did the audit have any recommendations?

 

Mayor Reynolds responds yes there were four recommendations.  First, the water and sewer bank accounts were not reconciled in a timely manner.  Second, there was money in the Cops Grant that should be appropriated into the budget.  Third, the annual debt statement needs to be revised and submitted by finance, which since has been done. Fourth, the tax collector’s utility collection was not reconciled with the treasurer’s general ledger in a timely manner. 

 

Julie Martin states at the August 24th council meeting there will be the corrective action plan resolution and also the Auditor will be present.

 

Kevin Bosies states there is storm water drain across the street from Agway and I’ve noticed in the winter it is always frozen because it is clogged with leaves.  During the last storm it was flooded over there.  Can you find out who is responsible for that the County or us and please take care of this matter.

 

Mayor Reynolds states we will look into that.

 

There being no further questions or comments from the public, a motion to close the public portion was offered by C/Rucker and 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, 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/Gallagher

 

Seconded By:       C/Simon

 

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

                 Nays:  None

              Absent:  C/D’Agostino

             Abstain:   None

 

The time being 7:55 P.M.

 

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

 

The time being 8:29 P.M.

 

Adjournment

 

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

 

The time being 8:30 P.M.

 

   September 28, 2005                                                  ________________________

Approved by Governing Body                                          Clerk