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

 

November 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.         Approval of Minutes – September 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.         New Business:

 

                        1.      Resolution No. 2005-167

Resolution Authorizing Redemption of Tax Sale Certificate #02-3

 

2.         Resolution No. 2005-168

Resolution Authorizing Redemption of Tax Sale Certificate #03-98

 

3.         Resolution No. 2005-169

Resolution Authorizing Cancellation of General Capital Appropriations

Lake Weamaconk

 

4.         Resolution No. 2005-170

Resolution Change Order No. 2 – ADA Restrooms, Sanford Park

 

5.         Resolution No. 2005-171

Resolution Change Order No. 1 and Final – Water Street Curb/Sidewalk Reconstruction

 

6.         Resolution No. 2005-172

Resolution Authorizing Appropriation Transfer

 

7.         Resolution No. 2005-173

Resolution Authorizing Purchases Over $800 – Finance File Server

 

8.         Resolution No. 2005-174

Resolution Authorizing Payment of Borough Bills

 

9.                  Tax Collector’s Report – September 2005

 

10.              Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough Council's discretion.  Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

11.       Executive Session

 

11.              Adjournment

 

Mayor Reynolds called the meeting to order at 7:31 P.M.

 

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

                  Absent:       C/Rucker

 

Also present were Julie Martin, Municipal Clerk, Christine Robbins, Administration Clerk, and McKenna Gledhill Kingdon, Esq. filling 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.

 

Approval of Minutes

 

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

 

Roll Call:     Ayes:   C/Soden, C/Gallagher, C/Simon, C/Carr

                  Nays:    None

              Abstain:    C/Palmieri       

               Absent:    C/Rucker

 

Committee Reports

 

C/Palmieri states on October 30th we had a wonderful Halloween party.  There were over 300 attendees.  Thank you to the Recreation Committee for all your hard work.  It was very successful.

 

C/Gallagher states nothing at this time.

 

C/Soden states nothing at this time.

 

C/Carr states nothing at this time.

 

C/Simon states the police activity report from 10/24 – 11/6 there were 335 calls and 118 motor vehicle stops.  The Chief’s internal audit showed the Court brought in $143,100.80 from January – October.

 

Correspondence

 

Julie Martin, Municipal Clerk states Election Day was yesterday and in the general election we had a total of 427 voters come out to vote.  Our next council meeting will be on Monday, November 21 at 7:30 P.M.  Recycling for Thanksgiving will be picked up the Wednesday before, which is November 23rd.  The Monmouth County Health Department will be holding their annual flu clinic here on Monday, November 28th between the hours of 10 – 11 a.m.  Usual restrictions apply.  Finally the leaf pick up is in progress and that will be every Monday now through the end of November.  Loose leaves should be placed on the edge of your property, not in the road.

 

Public Portion – Agenda Items

 

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

 

Paula Kuchinski asks regarding page 4 of the bill list, $60.00 for 1 bail of hay?

 

Julie Martin, Municipal Clerk states I believe there was more than 1 bail of hay.

 

C/Carr responds to Ms. Kuchinski, the number that you’re looking at is a line item not quantity.

 

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

 

Mayor Reynolds states before I start with new business, I would like to congratulate those individuals who won their seats at last night’s election; Steve Simon, Cindy Robilotti and Jayne Carr.  I would also like to thank those other candidates who ran and put their time and energy into their candidacy.

 

New Business

 

Borough of Englishtown

Resolution No. 2005-167

 

Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Wachovia-Coll Agt/Sass Muni IV Dtr, 123 South Broad Street, PA 1328S, Philadelphia, PA  19109

 

Tax Sale Certificate Number 02-3

Block 2, Lot 23.04 (LaSatta Ave.)

in the amount of $9,957.66

 

            Whereas, the above mentioned certificate has been paid and Wachovia-Coll Agt/Sass Muni IV Dtr, 123 South Broad Street, PA 1328S, Philadelphia, PA  19109 is entitled to refunds of $9,957.66.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $9,957.66 to Wachovia-Coll Agt/Sass Muni IV Dtr, 123 South Broad Street, PA 1328S, Philadelphia, PA  19109.

 

            Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

 

Offered by:                 C/Simon

 

Seconded by:              C/Soden

 

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

                  Nays:        None

              Abstain:         None

               Absent:        C/Rucker

 

Borough of Englishtown

Resolution No. 2005-168

 

Resolution Authorizing Redemption of Tax Sale Certificate

 

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Strategic Lien Services LLC, 1801 Centrepark Drive E\Suite 100, West Palm Beach, FL 33401

 

Tax Sale Certificate Number 03-98

Block 2, Lot 23.04, LaSatta Ave.

in the amount of $31,501.73

 

            Whereas, the above mentioned certificate has been paid and Strategic Lien Services LLC, 1801 Centrepark Drive E\Suite 100, West Palm Beach, FL 33401 is entitled to refunds of $31,501.73.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $31,501.73 to Strategic Lien Services LLC, 1801 Centrepark Drive E\Suite 100, West Palm Beach, FLL 33401.

 

            Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

 

Offered by:                  C/Simon

 

Seconded by:               C/Carr

 

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

                   Nays:        None

               Abstain:        None

                Absent:        C/Rucker

 

Borough of Englishtown

Resolution No. 2005-169

 

Resolution Authorizing Cancellation of

General Capital Appropriations of Lake Weamaconk

 

            Whereas, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and

 

            Whereas, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorizations may be cancelled;

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the following unexpended and dedicated balances of General Capital Appropriations be cancelled:

 

ORD                DATE        PROJECT                                      AMOUNT       CANCELLED

NO.                 AUTH        DESCRIPTION                             FUNDED        UNFUNDED  

 

2001-03           3/14/01      Improv. to Lake Weamaconk         $0.00               $141,520.53

  

 

Offered by:             C/Simon

 

Seconded by:          C/Soden

 

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

                Nays:      None

            Abstain:       None

            Absent:       C/Rucker

 

Borough of Englishtown

Resolution No. 2005-170

Change Order No. 2

ADA Restrooms, Sanford Park, Englishtown

 

            Whereas, the Borough of Englishtown previously authorized (by Resolution 2004-123) V & K Construction, to construct ADA Restrooms in Sanford Park in the amount of $78,300.00; and

 

            Whereas, the Borough of Englishtown previously authorized (by Resolution 2005-071) Change Order No. 1 in the amount of $11,800.00 for the extending of electrical service to said Restrooms; and 

            Whereas, the following additional change has been submitted for an overlay asphalt walkway:

 

                        Additional Charge of                                         $1,998.00

 

            Whereas, the amount of the service will be increased by the sum of One Thousand, Nine Hundred and Ninety Eight Dollars ($1,998.00); and

 

            Whereas, the purchase total including this Change Order will be Ninety Two Thousand and Ninety Eight Dollars ($92,098.00)

            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 Change Order No. 2.

 

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

 

Offered By:                  C/Simon

           

Seconded By:               C/Gallagher

 

C/Carr requests the final numbers that the bathroom is going to end up costing the Borough.

 

Julie Martin, Municipal Clerk responds the total grant amount from C.D.B.G. was $80,298.84, the contractor fee for the bathrooms including the first change order which was to lay the electrical line was $90,100.00.  The engineering fees were $4894.00.  The total out of pocket expenses to the Borough was $14,595.00 and then we have the additional $1998.00, which brings the total to a little under $16,600.00.

 

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

                  Nays:         None

               Absent:         C/Rucker

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-171

 

Change Order No. 1 and Final

Curb and Sidewalk Reconstruction – Water Street

 

            Whereas, the Borough of Englishtown previously authorized (by Resolution No. 2005-090) Concrete Masters for the curb and sidewalk reconstruction of Water Street; and

 

            Whereas, the attached Extras, Supplements and Reductions have been submitted, resulting in an additional charge of:

 

$8,759.40

 

            Whereas, the amount of the service will be increased by the sum of Eight Thousand, Seven Hundred and Fifty Nine Dollars and Forty Cents ($8,759.40); and

 

            Whereas, the total including this Change Order will be One Hundred and One Thousand, Six Hundred and Sixty Four Dollar and Forty Cents ($101.664.40).

            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 Change Order No. 1.

 

            Be it Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Chief Financial Officer, the Borough Engineer and the Borough Business Administrator.

 

Offered by:                   C/Simon

           

Seconded by:               C/Gallagher

 

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

                        Nays:   None

                    Abstain:    None

                     Absent:    C/Rucker

 

Borough of Englishtown

Resolution No. 2005-172

 

Resolution Authorizing Appropriation Transfer

 

            Whereas, N.J.S.A. 40A: 4-58 provides that during the last 2 months of the fiscal year, to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $13,600.00 be made in the 2005 budget as attached.

 

From:

General Administration S&W                $   200.00

Municipal Clerk S&W                            1,000.00

Planning Board S&W                                500.00

Uniform Construction Code OE              4,100.00

Code Enforcement S&W                           800.00

Snow Removal S&W                             1,000.00

Snow Removal OE                                    500.00       

Buildings & Grounds S&W                     1,000.00

Social Security S&W                              1,500.00

Municipal Court S&W                            2,000.00

Municipal Court OE                               1,000.00

 

 To:                                                                                           Reason

Finance Administration S&W                $3,600.00                    Pay CFO & Deputy CFO

Tax Collection S&W                              2,000.00                    No Interlocal –pay employee

Utilities-Electricity                                   3,000.00                    Add Sanford Park & higher use

Utilities-Gasoline                                     5,000.00                    Price Increase

 

Offered By:                  C/Gallagher

                         

Seconded By:               C/Simon

 

C/Carr states I have a questions regarding the Municipal Court Sewer and Water, isn’t the Court a stand alone budget?  Why is it coming out of Sewer and Water?

 

Julie Martin Municipal Clerk states S & W is for Salary and Wages.

 

C/Carr asks so who are we not paying $2000.00 that we budgeted for?

 

C/Gallagher states we saved $2000.00 with Lynn Tillman not working this summer.

 

C/Carr states no this is for the Court.  Why is there an extra $2000.00 in the Court’s budget?

 

C/Gallagher responds the Deputy Clerk in the Court went from part time to full time.

 

C/Carr asks isn’t that an evolving budget?  What if they need that budget between now and December, where is the money going to come from?

 

C/Gallagher asks why would they need it?

 

C/Carr states overtime and call outs.

 

C/Gallagher states they very rarely put in for overtime

 

Julie Martin, Municipal Clerk states the Business Administrator said we could always transfer back into accounts between now and the end of the year as well. 

 

C/Carr asks from where?

 

Julie Martin states wherever the money might be at that time.

 

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

                 Nays:          None

             Abstain:           None

              Absent:           C/Rucker

 

Borough of Englishtown

Resolution No. 2005-173

 

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:

 

                                    PowerEdge File Server - Finance Office

                                    Not To Exceed……………………………$2,900.00

 

Purchased From:

Dell Computer Systems

Round Rock, TX

 

            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/Soden

 

C/Carr asks, on the bill list page 6, we are being charged $99.00 and $149.00 for an internal hard drive and a relay flash drive.  If that’s not part of this, then what is that? I also want to know what exactly this resolution is covering.

 

Mayor Reynolds states I believe at the last Council Meeting Laurie Finger, Business Administrator explained what she was purchasing with that money.  It is for a new file server because the one we have now is old. 

 

Julie Martin responds the hard drive for $99.99 was for the Deputy in the Clerk’s office, her computer crashed about three weeks ago.  The flash drive was for the Police Department.

 

Roll Call:    Ayes:          C/Soden, C/Gallagher, C/Simon, C/Carr

                  Nays:         C/Palmieri

              Abstain:          None

               Absent:          C/Rucker

 

Borough of Englishtown

Resolution No. 2005-174

 

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 $371,232.08 be and

                   the same are hereby authorized to be paid on November 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/Simon          

                                

Seconded by:               C/Gallagher

 

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

                   Nays:        None

               Abstain:         None

                Absent:         C/Rucker

 

Tax Collectors Report

Month of September, 2005

 

                                    Current Taxes 2005                  28,789.30

                                    Prepaid Taxes 2006                            .29

                                    Interest & Cost on Taxes               409.93

 

                                    Total Cash Receipt                   29,199.52

 

Public Portion

 

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

 

Janet Leonardis, 17 Weamaconk Drive states our taxes are out of control; they are higher than Manalapan taxes.  We’ve tried bringing in ratables, that hasn’t addressed the situation and that game is soon to come to an end, we’re built out.  I have brought an article to share with you about what some other towns have done in order to cut their tax rate.  At the last Council meeting, the majority of the council decided to stop looking into the option of shared services.  What I would like to know is what is the plan.  I would like to hear from the council members that voted no, what is their alternative plan and in what ways are we going to address that our taxes are out of control? 

 

C/Carr states regarding your statement that Englishtown taxes are higher than Manalapan’s, the Star Ledger ran a comparative study about three weeks ago, where you could plug in two towns and do a comparative study.  I plugged in Manalapan and Englishtown and the average taxpayer in Englishtown is paying about $1000.00 less per year than Manalapan.  I can only speak for myself, being that I was appointed the head of the Economic Development Committee for Englishtown about 6 months ago by the Mayor and I’ve asked him several times when this committee will be up and running.  Manalapan would like to take over Englishtown because we have a downtown Main Street

 

Janet Leonardis asks, Manalapan told you that?

 

C/Carr responds yes, I’ve sat with their Economic Development Committee about two years ago and I came and told this Council that was in their ten year plan.  If they see our downtown as a jewel, then we should see our downtown as a jewel.  I’ve talked to the Mayor about this; I know a grant writing company in Hightstown.  The Mayor asked me to give Ms. Finger an opportunity to move forward on this, however she did say on record a couple of weeks ago that she has never written a grant in her life, although we were told she was hired to write grants, so whether she can actually accomplish this or we hire a company that guarantees that we will get as much back in grants as you pay them.  That is my position on what I will do to move forward is to put the resources and time into our downtown that other towns are looking to take us over for.

 

Janet Leonardis asks and how much is that going to reduce our tax rate?

 

C/Carr responds your commercial ratables are the only thing that is going to reduce your tax rate.  The residential cannot carry this tax rate, so the only place you can go is to your commercial development.

 

Janet Leonardis asks has anyone made a commitment to come here and work with us?

 

C/Carr states I have made a commitment to be the chair of the committee and I’ve been waiting for the Mayor to make up the committee. 

 

Mayor Reynolds states I’ve met with the planning board and there are some volunteers.  Englishtown has been designated a Village Center, so we also have to look into that.

 

C/Gallagher states I met with Martin Beerbohm from the Municipal Land Use Center in Trenton recently and he wants to review our village center designation and what we said in our application what we would do, which we’ve done nothing.  I really don’t recall a Chairperson being nominated for the Economic Development Committee.

 

Mayor Reynolds states that was a while back and I would have to look at all that was said.  I believe I asked Jayne to head that committee however we needed other volunteers and Jayne wanted direction from the planning board, so I went to the planning board.

 

C/Gallagher so you were aware at the time that I had met with people from the State regarding this issue and then someone else was appointed.

 

Mayor Reynolds said yes but we never appointed an official committee, we talked about those people coming on board.  I said Jayne Carr would be the head of the committee.  If you want to take action tonight and make a formal committee, I have no problem doing that.

 

C/Gallagher states I didn’t read anything in the minutes about that committee ever being formed.

 

C/Carr states well we can research the minutes and listen to the tapes.

 

Mayor Reynolds states we can form the committee and wait for our next meeting when our B.A. will be present so she can have some input. 

 

C/Carr states but I would like a confirmation that at two meetings I asked you to confirm that you still wanted me to be head of that committee.  I will ask you again, are you still committed to having me chair that committee?

 

Mayor Reynolds yes.

 

Janet Leonardis asks can you let me know how long it’s actually going to be before I see some relief on my tax bill?

 

C/Carr states no I’m not a soothsayer however I will do everything in my power to bring you and me relief, because I am a taxpayer as well. 

 

Janet Leonardis states I don’t know if I can believe you because you voted against taking measures to reduce taxes.

 

C/Carr states well we have a difference in opinion on whether or not that would have reduced taxes.

 

Janet Leonardis states now we’ll never know.

 

C/Carr states no we will never know but I have a right to the opinion that that avenue was not going to reduce our taxes.  If you were looking at me and saying we were going to study the whole town which we said we were going to do in the first place, that might make logical sense that somehow we could look at that and see what the numbers were, but when you pick and choose one department here and one department there and give up your control on what the cost is and all the infrastructure of that department, there is no way five years down the road that is saving us money.  I rest my case when you look at the Regional School Board, which I’m sure everyone thought was a great idea and it was going to save everyone money.  It’s the biggest part of your tax bill.

 

Mayor Reynolds states I disagree with your statement in some respect, we never said we would give up control.  We said we would look at the numbers and see if there was a savings and if there were a savings, we would go to the public on a referendum.

 

C/Carr states this I will promise to you is whatever I do you will know what it is I’m doing and I have a much more fundamental problem with the way that was all handled when I was told something completely different.

 

Janet Leonardis asks C/Soden what his plan is.

 

C/Soden states I voted against it because I sat here for four months telling the people in the audience that we had four issues that we were dealing with Manalapan Township and it wasn’t going to cost the taxpayers a penny.  Then it came about that they passed a resolution on just two items and it was going to cost us $6000.00.  I’m not going to sit here and lie to the public for four months on what I believed to be the truth and then come to find out that it’s not what I wanted from the beginning.

 

Janet Leonardis states that’s your reason for voting no but what’s the alternate plan?

 

C/Soden states you know as well as I do that this was set up a few months ago.  It will work if it’s done right and the right people get on it.

 

C/Carr states it’s the only chance you have.  In fact I think I said that to the Mayor, it’s your only life raft for our taxes. 

 

Mayor Reynolds states if you look at the downtown it’s already fully occupied.  There are only one or two buildings vacant. 

 

C/Carr states there are lots of options for the redevelopment or rehabilitation of our downtown.

 

Mayor Reynolds states but with all grants there are costs to the taxpayers. Our downtown isn’t in a developmental stage.  You can’t create something that isn’t there.  The space is already being used.

 

C/Carr states you make me the chair of this committee and we’ll sit down and look at it and I will bring a plan back to you and explain to you how through the downtown we can increase our ratables.  I stopped working on the downtown eight years ago and from that point forward nothing has happened with our downtown.  We as a town should be focused on our biggest asset. 

 

Mayor Reynolds states I just want people to know that this is a long process and you’re not going to see an immediate reduction in your taxes.  I have no problem going forward, and as I said earlier we will wait until next meeting to formalize the committee and also get some input from our Business Administrator.

 

There being no further questions or comments, a motion to close the public portion was offered by C/C/Soden 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 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/Carr

 

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

                Nays:   None

             Absent:   C/Rucker

            Abstain:   None

 

The time being 8:11  P.M.

 

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

 

The time being 8:46 P.M.

 

Adjournment

 

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

 

The time being 8:47 P.M.

 

 

            January 25, 2006                                                    ________________________

Approved by Governing Body                                          Clerk