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

 November 21, 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.         Discussion on Software Package – Laurie Finger/Janice Garcia

 

5.                  Approval of Minutes – October 12, 2005

 

6.         Committee Reports

 

7.         Correspondence

 

8.         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.

 

            9.         New Business:

 

                        A.      Resolution No. 2005-175 

Resolution Authorizing Purchases Over $800 – File Storage Container, DPW

 

B.         Resolution No. 2005-176

Resolution Authorizing Purchases Over $800 – Holiday Hayride

 

C.         Resolution No. 2005-177
Resolution Authorizing Purchases Over $800
Hon Frame Kit/Top Kit for Computer Workstation – Police Dept

 

D.         Resolution No. 2005-178

Resolution Authorizing Purchases Over $800 – Water Meters

 

E.         Resolution No. 2005-179

Resolution Authorizing Purchases Over $800 – Wireless Tank Level/Installation on Tower #1 & #2

 

F.         Resolution No. 2005-180

Resolution Authorizing Payment of Borough Bills

 

            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

 

12.       Adjournment

 

Mayor Reynolds called the meeting to order at 7:30 p.m.

 

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

                Absent:      None

 

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.

 

Discussion Item – Computer Software Package

 

Mayor Reynolds opened the floor to Laurie Finger, CFO/B.A. and Janice Garcia, Tax Collector for discussion on a new computer software package they would like to purchase for the Borough.

 

Laurie Finger, Borough Administrator, C.F.O begins on September 27, 2005; I gave Mayor and Council a memo informing you of my meeting with Edmunds & Associates.  There was a positive feedback from all departments.  I would like to get permission to go ahead and purchase this software for all the departments.  Currently we do not have an animal licensing program in the clerk’s office.  Currently the GFMS system in the finance department does not meet the needs of the finance aspect of the municipality.  The reporting system is very poor.  I also brought Janice Garcia, Tax Collector with me to enlighten you about the Vital system for tax collection and water/sewer utilities.

 

Janice Garcia, Tax Collector states we have used Vital for a long time and the reporting system is very poor.  I use Edmunds in other municipalities that I’ve worked in, and hands down the reporting is so much better.  I can give an auditor any information he requests in two seconds.  Edmunds is very efficient.  Everything will be networked together; taxes, utilities, finance, animal licensing, etc. 

 

C/Gallagher asks didn’t you also have issues with Vital in the water/sewer department?

Everyone has complained to me about Vital and the only reason we kept it is because our last tax collector preferred it because she also used it in Manalapan.  However the water/sewer clerk has always complained about Vital and said it is very hard to work with. 

 

C/Carr asks how much do each of these modules cost?

 

Laurie Finger responds the finance module is $13,175.00, water and sewer is $6000.00 and tax collection is $6000.00, with a grand total of $25,175.00.

 

C/Carr asks what about the animal licensing?

 

Laurie Finger responds if we buy it as a package it would be included.

 

C/Carr asks how long and how much person power does it take to transfer all the records into a new system?

 

Laurie Finger responds Edmunds said to me that they would take my current chart of accounts and convert it into their system.  They would do all the work for us.

 

C/Simon asks what about training for the employees?

 

Laurie Finger responds this would also include all training and support.

 

C/Carr asks what is the yearly fee?

 

Laurie Finger responds you would not have one in 2006.  In 2007, the fees would be $4000.00 for finance, $2000.00 for tax, $2100.00 for utilities and $500.00 for animal licensing, for a total of $8650.00.

 

C/Carr asks what are we paying now?

 

C/Gallagher responds we pay Vital monthly for tax and water sewer.

 

Janice Garcia states there is $1500.00 in my budget for Vital.  They charge monthly and then they charge you for each report they send you.  The Water/Sewer Department has a budget of I believe $2000.00 for Vital Services.

 

C/Gallagher stated the reason we don’t pay anything for Finance now is because Mr. Shah was co-owner of the company of our software.  We were aware that if he didn’t work for us there would be some cost.  He once told us it would be $15000.00 and then $3000.00 a year.

 

Mayor, Council, Laurie Finger & Janice Garcia discuss further.

 

After discussion Mayor and Council agree to put a resolution on tonight’s agenda.

 

Approval of Minutes

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of October 12, 2005, was offered by C/Soden and seconded by C/Gallagher.  Passed on the following roll call:

 

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

                     Nayes:   None

                   Abstain:   C/Gallagher, C/Simon

                    Absent:   None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states I would like to wish everyone a happy holiday and on Saturday, December 17th we are going to have our annual holiday hayride from 6-8 p.m. starting at the Village Inn.

 

C/Gallagher states nothing at this time.

 

C/Soden states the two resolutions pertaining to water were sent out and we received three quotes.  The ones on tonight’s agenda are the lowest quotes.

 

C/Carr states I have a notice from Danskin Insurance Company that the managers yearly safety program has come up again that will reduce our insurance bill.  They are available on November 29th in Red Bank at 1 p.m., November 30th in Shrewsbury at 10 a.m., and December 14th in Upper Freehold at 10 a.m.  I need to ask you individually if you’re available so I can sign us up tomorrow.

 

C/Gallagher asks is that the supervisors meeting?

 

C/Carr responds I will call Danskin tomorrow to verify.

C/Carr continues I was in Atlantic City all last week and D.C.A. was there.  They recently computerized all of D.C.A. grant programs.  The new program is SAGE.  I didn’t have an opportunity to actually get a demonstration but the State Manager for Neighborhood Preservation, who actually worked on the IT portion of the program, told me that if Laurie Finger and I could coordinate a time, she would be glad to give us training.  She said each towns’ Mayor already got and I.D. # for the program.  Lastly, last week Mrs. Leonardis asked me about the Star Ledger article on the taxes, and I made her a copy

 

C/Simon states the police activity report from November 5 – November 15 there were 349 calls and 108 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states I notified everyone at the last council meeting that the Thanksgiving recycling pick up was going to be on the Wednesday before, that’s been changed it will now be picked up on Friday November 25th.  The flu clinic will be next Monday, November 28th here at Borough Hall held by Monmouth County between the hours of 10 – 11 a.m.  The last council meeting of the year will be on Monday, December 19th at 7:30 p.m.  Lastly, I need confirmation from Mayor Reynolds for the 2006 reorganization meeting, whether it will be Tuesday, January 3rd or Wednesday, January 4th.

 

Mayor Reynolds states we will all check our calendars and then we can make that decision.

 

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 from the public, a motion to close the public portion was offered by C/Soden and seconded by C/Simon.  Passed unanimously.

 

New Business

 

Borough of Englishtown

Resolution No. 2005-175

 

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:

                                                File Storage Container                       

                                                Not to exceed…………….$1,825.00

 

Purchased From:                     Airtight Container

                                                Manalapan, 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/Gallagher

 

C/Carr asks what kind of storage container costs that much money?

 

Julie Martin, Municipal Clerk states I believe it’s a storage container that is going at the back of the building because we are running out of room for our archives.  It will also hold some of the police files.

 

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

                  Nays:         None

              Abstain:         None

               Absent:         None

 

Borough of Englishtown

Resolution No. 2005-176

 

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:

                                               
                                    (2) Horse Drawn Carriages for Holiday Hayride

                                    Not to exceed………………………………………$1,300.00

           

Purchased From:                                A&T Stables  

                                                          Jackson, 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/Palmieri

 

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

                  Nays:        None

              Abstain:        None

               Absent:        None

 

Borough of Englishtown

Resolution No. 2005- 177

 

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:

 

                                    Hon Frame Kit and Top Kit for Computer Workstation   $805.00

 

Purchased From:         E. J. Schuster,

                                    Lakewood, 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/Gallagher

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

                  Nays:         None

              Abstain:         None

               Absent:         None

 

Borough of Englishtown

Resolution No. 2005-178

 

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:

 

            Purchase of Water Meters                $3,900.00

 

Purchased From:         Allied Meter Service Inc.,

                                    Burlington, 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/Soden

 

C/Carr asks how many water meters do you get for $3900.00?

 

Julie Martin responds 69.

 

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

                  Nays:         None

              Abstain:         None

               Absent:         None

            

Borough of Englishtown

Resolution No. 2005-179

 

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:

 

            Pheonix Wireless Tank Level/Installation on Tower #1 & #2           $7,436,00

 

Purchased From:         Roberge Electric, Inc.

                                    Dumont, 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/Soden

 

Seconded By:             C/Simon

 

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

                  Nays:         None

              Abstain:         None

               Absent:         None

 

Borough of Englishtown

Resolution No. 2005-180

 

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 $282,359.08 be and

                   the same are hereby authorized to be paid on November 21, 2005.

 

8.        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/Soden

 

Seconded by:              C/Simon

 

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

                  Nays:         None

              Abstain:         None

               Absent:         None

 

Borough of Englishtown

Resolution No. 2005-181

 

Resolution Authorizing Purchase & Installation of

Edmunds Software Program

 

            WHEREAS, there is a necessity for a software program to meet the needs of the Borough of Englishtown; and,

 

            WHEREAS, the Borough Administrator has reviewed the options available; and,

 

            WHEREAS, Edmunds & Associates, Inc. furnishes said services to municipalities under the State contract; and,

 

            WHEREAS, it is the recommendation of the Borough Administrator that a program be instituted utilizing Edmunds & Associates, Inc. for finance, water/sewer, tax and animal control services within the Borough of Englishtown; and,

 

            NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that a contract be entered into with Edmunds & Associates, Inc. through the State in the amount of $25,175.00; and,

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the Borough Business Administrator, Borough CFO, and Edmunds & Associates, Inc.; and,

 

            BE IT FURTHER RESOLVED, that this contract is awarded pursuant to State Contract.

 

Offered By:                C/Soden

 

Seconded By:             C/Gallagher

 

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

                      Nayes:   None

                    Abstain:   None

                     Absent:   None

 

Public Portion – Non Agenda

 

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

 

Janet Leonardis, 17 Weamaconk Drive states I feel that C/Carr has attempted to mislead this council and the public in terms of our taxes.  She missed the whole point of that article in the newspaper.  The point of it was that we should not be looking at the numbers that she is citing, because that number is very misleading and influenced by many things.  The program that they put out there with all the different comparisons of what makes up that tax bill was to let you look at what the contribution creating that particular tax rate that we pay.  The portion that is out of whack is our municipal tax and that is the portion that we can control.   Secondly I would like to know since the last meeting what type of progress has been made with the committee that was being put together that was going to somehow develop our commercial land and lower our taxes. 

 

C/Carr responds I attended many seminars for downtowns.  I found a contact for our center designation to see what we actually said we were going to do that we haven’t done.  In a week I feel I accomplished a lot.

 

Mayor Reynolds states in January once we have our reorganization meeting, we will formally adopt those members into the committee.

 

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.

  

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 negotiations, 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/Soden

 

Seconded By:         C/Simon

 

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

                   Nays:   None

                Absent:    None

               Abstain:    None

 

The time being  8:12 P.M.

 

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

 

The time being 9:00 P.M.

 

Borough of Englishtown

Resolution No. 2005-182

 

A RESOLUTION AUTHORIZING A BUYOUT OF THE RESPONSIBILITIES OF THE MUNICIPAL EXCESS LIABILITY JOINT INSURANCE FUND FROM PROVIDING A DEFENSE AND INDEMNIFICATION IN A LITIGATION MATTER ENTITLED “HIMANSHU SHAH V. THE BOROUGH OF ENGLISHTOWN, ET AL.”, AND AUTHORIZING MUNICIPAL OFFICIALS TO EXECUTE A GENERAL RELEASE RELATING THERETO.

 

            WHEREAS, the Borough of Englishtown has been named as a Defendant in a litigation matter before the United States District Court for the District of New Jersey, entitled “Himanshu Shah v. The Borough of Englishtown, et al.”, and bearing Docket No. 05-CV-4198 (AET); and

 

            WHEREAS, the matter relates to the Borough’s replacement of Himanshu Shah as the tenured chief financial officer of the Borough of Englishtown; and

 

            WHEREAS, following the institution of the lawsuit, the Borough has engaged in discussions with the Municipal Excess Liability Joint Insurance Fund (the “MEL”) regarding the MEL’s responsibility for providing a Defense and Indemnification to the Borough for this matter; and

 

            WHEREAS, the Borough and the MEL have reached an Agreement wherein the MEL shall pay the Borough the sum of $7,500.00 as a “buyout” of the MEL’s responsibilities in this lawsuit, with the Borough providing a General Release as to the MEL’s obligations, which will allow the Borough to defend the lawsuit on its own and deal with the Plaintiff as it wishes; and

 

             WHEREAS, the Borough Council now wishes to authorize this “buyout”, and to authorize the proper municipal officials to execute a General Release relating hereto.

 

            NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED  by the Mayor and Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, as follows:

 

            1.         That the Borough Council hereby authorizes a “buyout” of the MEL’s responsibilities in above-referenced lawsuit by way of a payment from the MEL to the Borough in the total amount of $7,500.00.

 

            2.         That the Borough Council further authorizes the Mayor to execute and the Municipal Clerk to attest a General Release as to the MEL’s obligations in the lawsuit.

 

            3.         That a certified copy of this Resolution shall be provided to each of the following:

 

                        (a)        John H. Dorsey, Esq., attorney for the MEL

                        (b)        William Bruce, III, Scibal Associates

                        (c)        John O. Bennett, III., Esq., Borough Attorney

                        (d)       Laurie Finger, Borough Administrator/Chief Financial Officer

 

Offered By:           C/Soden

Seconded By:       C/Gallagher

C/Carr asks if he doesn’t sign off on it on Wednesday and we move forward, then we just signed off our liability to the insurance company with that resolution.

 

John Bennett, Borough Attorney states no because that’s contingent upon there being an agreement.

 

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

                  Nays:    None

              Abstain:    None

               Absent:    None   

 

Borough of Englishtown

Resolution No. 2005-183

 

Resolution Authorizing Execution of Agreement

Between Himanshu Shah And The Borough Of Englishtown

 

            WHEREAS, there is presently pending an action known as “Himanshu Shah V. The Borough of Englishtown, ET AL.”; and,

 

            WHEREAS, it is the determination of the Mayor and Council in the interest of the Borough of Englishtown to resolve said suit; and,

 

            WHEREAS, settlement agreement has been negotiated by and between the parties; and,

 

            WHEREAS, the Mayor and Council have had an opportunity to review said agreement; and,

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council that the settlement agreement by and between the parties be approved conditioned on the execution of same by Himanshu Shah by Wednesday, November 23, 2005; and,

 

            BE IT FURTHER RESOLVED, the Mayor and Municipal Clerk are authorized to sign said agreement following the execution of Himanshu Shah to said agreement.

 

Offered By:                C/Soden

 

Seconded By:             C/Palmieri

 

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

                      Nayes:   None

                     Absent:   None

                    Abstain:   None

 

Adjournment

 

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

 

The time being 9:05 P.M.

 

__January 25, 2006_________                                          ________________________

Approved by Governing Body                                          Clerk