* A G E N D A *

April 12, 2006

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: January 25, 2006

 

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.    Ordinance No. 2006-04 - Public Hearing and Adoption

Exceed Municipal Budget Appropriation Limits and Establish a Cap Bank

 

B.     Ordinance No. 2006-05 Ė Public Hearing and Adoption

Amend/Supplement Chap 1.19 Planning/Zoning Fee Schedule

 

9.         New Business:

 

C.     Resolution No. 2006-070

Emergency Temporary Appropriations

 

D.    Resolution No. 2006-071

Authorization of Purchases or Services Over $800

Eugene Farrell - Local Finance Board

2006 CAP Waiver Application

 

 

E.     Resolution No. 2006-072

Authorization of Purchases or Services Over $800

                        Tax Map Revisions/2007 Revaluation

 

F.      Resolution No. 2006-073

Supporting Cable TV Competition Ė Verizon

 

G.    Resolution No. 2006-074

Authorizing Payment of Borough Bills

 

10.       Tax Report Ė Month of March 2006

 

11.       Discussion Item Ė Stormwater Regulations

 

12.       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.

 

13.       Executive Session

 

14.       Adjournment

 

Mayor Reynolds called the meeting to order at 7:30 P.M.

 

Roll Call:  Present:      C/Soden, C/Rucker,  C/Carr, C/Robilotti

                  Absent:      C/Simon, C/Palmieri

 

Also present were Julie Martin, Municipal Clerk, Rhoda Overgard, Deputy Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, 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 Ė

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 25, 2006 was offered by C/Soden and seconded by C/Carr.  Passed on the following roll call:

 

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

                      Nayes:   None

                     Absent:   C/Simon, C/Palmieri

                    Abstain:   None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Robilotti states we had to postpone the Easter Egg Hunt due to the weather so hopefully it will be held this Saturday April 15th, if weather cooperates.

 

*C/Palmieri arrives at 7:33 P.M.

 

C/Palmieri states nothing at this time.

 

C/Soden states I only have one item for Executive Session.

 

C/Carr states I distributed Randy Gottesmanís proposal at the last meeting and we didnít really have any discussion on it.  Are we moving forward with this?  Iím just waiting for some kind of response.

 

Mayor Reynolds states we will discuss it during Executive Session.

 

C/Carr continues I also brought up about the County Inmate Labor Program and I wanted to see if that was followed through so we donít miss that opportunity.

 

Julie Martin, Municipal Clerk states I did mention it to Rick Guffante, Public Works Supervisor and I will remind him.

 

C/Carr continues, C/Simon is not here because of the Jewish holiday so I will read a letter from Jeffrey Hanlon resigning from the Englishtown Police Department.  Mayor Reynolds instructed Laurie Finger, Borough Administrator to draft a letter to the Chief instructing Chief Niziolek to start collecting resumes and to interview for the position.

 

C/Carr reads both letters into record.

 

C/Carr states in the police activity report there was 432 calls and as of April the Court has brought in $45,144.18

 

Correspondence

 

Julie Martin, Municipal Clerk states correspondence was received from Patricia Kemick, Corresponding Secretary of the Battleground Historical Society regarding participating in a program called Virtual Tours.  They are hoping the Borough can assist with the payment of the program.  The fee is $200.00.

 

Mayor Reynolds states we have to look and see if legally we can do that.

 

C/Carr states I know Manalapan contributes to their historical society every year for the Battleground.

 

Julie Martin continues, correspondence was received March 29th from Carol Puorro, Executive Director of the Samaritan Center on Harrison Avenue in Englishtown regarding the closing of Harrison Avenue for repairs.  In both instances they were not notified in advance of the street closing, which caused hardship to their clients, many elderly.  The Officers were also curt to the staff and clients.  Julie Martin reads entire correspondence into record. 

 

Julie Martin states School Board Elections are April 18th.  Polls are open from 3:00 Ė 9:00 p.m.  I received a call from Lynn Strong, asking for council to make suggestions for the Grand Master for the Memorial Day Parade.  Lynn Strong has suggested Jane McDonald. She is asking for other suggestions or agreement to asking Jane McDonald to being the Grand Master.

 

C/Carr states I think Jane McDonald would be a great candidate since she has contributed so much historically to the town.

 

Julie Martin states on a final note the Borough Engineer and myself attended the C.D.B.G. meeting on April 6th.  We did go in with the idea that urgent repairs are needed for the roof of Borough Hall and that was out of the question.  Any project that we do has to be for making upgrades to facilities to bring them into ADA compliance or if we do any road work it has to bring the curb cuts into ADA compliance.  If anyone has any suggestions please let us know.  The suggestion that C.D.B.G. had was to make a parking area for Sanford Park.  The Borough would pay for the parking area and we would put in an application for them to put in two disabled parking spots.

 

Mayor Reynolds said we would talk about this.  Please find out the last time the roof was done on the Municipal Building.

 

Public Portion Ė Agenda Items

 

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

 

Paula Kuchinski questions Resolution No. 2006-072.

 

Mayor Reynolds states this is the preparation of the digital map upgrade revisions associated with the 2007 revaluation process.  The maps must be updated for this process.

 

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

 

Old Business

 

 ORDINANCE NO. 2006-04                        PUBLIC HEARING & ADOPTION

 

 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

APPROPRIATIONS LIMITS AND TO ESTABLISH A CAP BANK

(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% unless authorized by ordinance to increase it to 3.5% over the previous yearís final appropriations, subject to certain exceptions; and,

 

Whereas, N.J.S.A. 40A:4-45.15a provides that a municipality 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 Mayor and Council of the Borough of Englishtown in the County of Monmouth find it advisable and necessary to increase its CY 2006 budget by up to 3.5% over the previous yearís final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

Whereas, the Mayor and Council hereby determine that a 1% increase in the budget for said year, amounting to $11,184.00 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

Whereas, the Mayor and Council hereby determine 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 Mayor and Council 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 CY 2006 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 $39,144.66, and that the CY 2006 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this ordinance; and,

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; and,

 

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; and,

 

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.

 

Public Hearing

 

Mayor Reynolds opened the public hearing, for questions or comments on the above Titled Ordinance.

 

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

 

Adoption

 

A motion to adopt Ordinance No. 2006-04, above titled, was offered by C/Soden and seconded by C/Palmieri.  Passed on the following roll call:

 

Offered by:                 C/Soden                                                                    

 

Seconded by:             C/Palmieri

 

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

                   Nays:        None       

               Abstain:        None
                Absent:        C/Simon

 

ORDINANCE NO. 2006-05                               PUBLIC HEARING & ADOPTION

 

An Ordinance Amending and Supplementing Chapter 1.19, Unified Planning/Zoning Board; Land Use Procedures; Establishment; Composition of the Borough Code Book

 

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown that the following sections be amended and supplemented as follows:

 

CHAPTER 1.19 Ė SECTION 1.19.21.1 NON-REFUNDABLE FEESĖSCHEDULE A

 

            R.  Tax Map Revision Fee.  A fee of two hundred dollars ($200.00) per lot or unit

shall be charged for all minor and major subdivisions, residential unit site plans or condominiums or cooperative residential or commercial development to cover the cost of revising the borough Tax Map.  This fee shall be paid prior to signing of the final plat of a subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer.

 

 This Ordinance shall take effect upon its passage and publication according to law.

 

Public Hearing

 

Mayor Reynolds opened the public hearing, for questions or comments on the above

Titled Ordinance.

 

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

 

Adoption

 

A motion to adopt Ordinance No. 2006-05, above titled, was offered by C/Robilotti and seconded by C/Rucker.  Passed on the following roll call:

 

Offered by:                 C/Robilotti

           

Seconded by:              C/Rucker

 

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

                  Nays:         None

              Abstain:         None

               Absent:         C/Simon

 

New Business

 

Borough of Englishtown

Resolution No. 2006-070                  

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2006 Budget and no adequate provision has been made in the 2006 temporary budget for the aforesaid purposes, and

 

Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

 

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2006 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $ 103,000.00

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

 

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $ 63,500.00 as follows:

 

CURRENT FUND

Engineering Services                                                                          

Other Expenses                                                                       $  5,000.00

Annual Audit Services                                                                       

Other Expenses                                                                       $  2,000.00

            Insurance                                                                                            

                        Other Expenses                                                                       $40,000.00

            Prosecutor

                        Other Expenses                                                                       $  1,500.00

Tax Collection

                        Other Expenses                                                                       $     500.00

 

WATER FUND

Medical Insurance                                                                                          

            Other Expenses                                                                       $ 7,500.00

 

SEWER FUND

Insurance

Medical Other Expense                                                          $ 5,000.00

Other Insurance                                                                      $ 2,000.00

                                                                                                           

2.  Said emergency temporary appropriations will be provided for in the 2006 budget.

 

3.        That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

 

Offered By:                C/Soden                                             

 

Seconded By:             C/Palmieri

 

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

                 Nays:          None

             Abstain:          None

              Absent:          C/Simon

 

Borough of Englishtown

Resolution No. 2006-071

 

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 ďCAPĒ Limitations  - Not To Exceed $1,350.00

 

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/Soden         

 

Seconded By:             C/Carr

 

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

                  Nays:         None

              Abstain:         None

               Absent:         C/Simon

 

Borough of Englishtown

Resolution No. 2006-072

 

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 Digital Tax Map Upgrade Revisions

                                    associated with the 2007 revaluation process

                                    Not To Exceed $5,000.00

 

Services Rendered By:

 

                                    Maser Consulting

                                    One River Centre Ė Bldg Two

                                    331 Newman Springs Road

                                    Red Bank, NJ  07701

 

            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/Robilotti

 

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

                  Nays:         None

              Abstain:         None

               Absent:         C/Simon

 

Borough of Englishtown

Resolution No. 2006-073

 

Supporting the Encouragement of Cable TV Competition

 

            Whereas, there has been limited competition in the cable television industry due to the prohibitive cost of building competing facilities; and

 

            Whereas, it is in the best interest of the residents of Englishtown for them to have the ability to choose new services and decide from whom they will get their cable services; and

 

            Whereas, the lack of competition has contributed to an increase in cable prices averaging 38% in the last five years; and

 

            Whereas, consumers win with lower prices, better services and newer technologies when companies compete; and

 

            Whereas, we should make it easier for companies to compete for our cable TV business; and

 

            Whereas, the current law provides insufficient revenues for the municipalities providing access to its citizens within municipality owned ad controlled streets and infrastructures;

 

            Now Therefore, Be it Resolved, that the Borough of Englishtown supports competition in providing cable service to all residents of New Jersey and urges the New Jersey State Legislature to pass Senate Bill 192 as it is currently written which provides,

inter alia, for significant franchise fee increases to the municipalities, provides for equipment and service benefits to the municipalities and increases the competition for our residentsí cable TV business.

 

            Be it further resolved that copies of this resolution be forwarded to State Legislators and the Governor.

 

 

Offered by:     C/Robilotti

 

Seconded by:  C/Rucker        

 

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

                  Nays:         None

              Abstain:         None

               Absent:         C/Simon

 

Borough of Englishtown

Resolution No. 2006-074

 

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 $185,740.31 be and the  same are hereby authorized to be paid on April 12, 2006.

 

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/Soden                     

 

Seconded by:              C/Carr

 

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

                   Nays:        None

               Abstain:        None

                Absent:        C/Simon

 

Tax Report - March, 2006

 

                                    2006 Taxes                              35,793.47

                                    2005 Taxes                              12,557.15

                                    Interest on taxes                        1,391.69

                                   

                                    Total                                      $49,742.31

Discussion Item Ė Stormwater Regulations

 

Mayor Reynolds states the State has come down with new stormwater management regulations for all the municipalities.  We wanted our engineer to come in to give the public an overview because there is significant cost to the implementations.

 

Julie Martin, Municipal Clerk states the advertising costs will be significant.  There are 7 ordinances to be advertised and with every ordinance they must be advertised in full and after adoption they have to be advertised again by title.  In my estimation it will cost about $3000-$4000 to advertise them in their entirety.  We did received a grant from the State for $6800.00.  I gave a copy of the proposed ordinances to the Chief of Police along with the Code Enforcer, Ed Miller.  I need councilís recommendation on whoís going to enforce these laws.  There are a lot of littering laws and animal waste laws. 

 

Mayor Reynolds opens the floor to Tom Herits, Borough Engineer for discussion on Stormwater Regulations. 

 

Tom Herits states the State is now using the surface water for drinking water.  What they are trying to do is keep the streams and the water feeding the streams, which is mostly stormwater, as clean as possible before it enters the stream.  That is the whole intent behind this.

 

Discussion continues between Mayor, Council and Borough Engineer Tom Herits regarding Stormwater Regulations.

 

Public Portion

 

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

 

Kathleen Heath, Victory Drive states County Road 527 and Gordons Corner Road where the light is going to be, from what I understand there is a 40 mph speed limit if you are going North.  Would Council consider maybe going to the County to see if that could be reduced to 25 mph.  When you come into town there is no 25 mph sign until you are almost at the bridge.  With the new development and new shopping center over there itís dangerous for those crossing the street.

 

Mayor Reynolds asks Julie Martin, Municipal Clerk to send a letter to the County to see if we can get that changed.

 

Paula Kuchinski, Hamilton Street states it has been brought to my attention that a major business has not been paying a portion of their water bill for the past 6 years.  Has anyone heard that?

 

Mayor Reynolds states I heard there was a problem with a water bill but I didnít know it was 6 years.

 

Paula Kuchinski continues how could this happen?  It is my understanding that when you pump the water, you have a meter.  You know how much water was pumped and you know how much money should be brought back in.  Someone needs to walk me through the process of how you do your water because other towns donít do it the way we do it.  Iím assuming the water department will be collecting a sizeable amount of money for this mistake.  I would like to know will the homeowners be reimbursed, because someone is paying for this water or will it go back into the general operating fund.  Who is responsible?  How does something like this slide by after 6 years? 

 

Paula Kuchinski states also someone asked me to bring up the fact that nobody cleans the bus stop and itís disgusting.  Who is responsible for that? 

 

C/Soden states the attorney has already sent them a notice, stating they owe us $79,000.00.  What happened is they had a maintenance man up there and then the maintenance man left.  They have a meter with a bypass.  The new maintenance man wanted to put in a water softener, which is how the whole thing got brought up. 

 

Paula Kuchinski states I donít know how it slipped through an entire town with a lot of people who are being paid salaries and no one picks it up for 5 Ė 6 years?

 

Discussion continues between Paula Kuchinski and C/Soden.

 

C/Carr states, my question is how did it pass by the auditor for 6 years, how did it pass by the Water Super for 6 years, how did it pass by the water meter readers for 6 years, how did it pass by the person reading the bills for 6 years, how did it pass by the CFO for 6 years and frankly I would like to make a motion to have a hearing on it to bring all these people in here and get a reasonable answer, where I am not holding the liability, knowing there was a problem and not having a reasonable answer how this could have went on for 6 years.  I am making a motion that we have a hearing.

 

Paula Kuchinski, Hamilton Street states absolutely.  Open to the public because we obviously have paid for water for them.

 

C/Carr states there were too many people not having alarms sounding off.

 

Paula Kuchinski states they didnít do their jobs.

 

Mayor Reynolds asks how many separate water clerks have we had over the last several years?

 

Julie Martin, Municipal Clerk states since Iíve been here I want to say 6.

 

Paula Kuchinski states weíre not going to pass the buck on 6 water people.  You have people reading these meters; did they not see something wrong?

 

Mayor Reynolds states no weíre just saying that could be part of the problem.  We had six water clerks we have to see where the system broke down and that is what we will look into.  We will find out why the amount pumped out did not match their records.

 

C/Carr asks when did they (Liberty Manor) turn on the bypass?

 

C/Soden states I donít know when they turned it on and quite frankly if they hadnít called up here to ask about putting in a softener, Iím not sure it would have been discovered yet.

 

C/Carr just in the realm of the auditors report and in another department, I know having worked here, if there is a discrepancy of $10.00, the auditors will work until they find where the $10.00 discrepancy is, it could be an honest mistake, they will write that down.  If it was a procedural mistake they will make a recommendation to change the procedure so it wouldnít happen again.  Youíre talking $70,000.00 in six years.

 

Mayor Reynolds states if memory serves me correctly I think at the last meeting or the meeting before that, when we converted to the new system, thatís when it was brought up.

 

C/Soden stated the new water clerk picked it up on Edmunds.

 

C/Carr states in any audit or debit system should have showed that deficit, whether an alarm was going off or not.

 

C/Soden states we all agreed with that.

 

Mayor Reynolds asks can we have a second motion to have a public hearing at the next meeting regarding the whole issue with the water and why it was not picked up?

 

Julie Martin asks who would you like in attendance?

 

Mayor Reynolds responds the five people that arenít here anymore we canít bring in.  The current water clerk would be sufficient also the water supervisor.

 

C/Carr states the auditor.

 

Paula Kuchinski adds the people who read the meters.

 

Julie Martin states to C/Carr that the auditor is only auditing what we billed out.

 

Mayor Reynolds states the auditor only audits your receipts, not the amount of water that has been sent out.

 

C/Carr states well if not maybe he should.

 

C/Palmieri states someone needs to analyze the entire water system.  Iíve lived here for a number of years and I was billed for water when I had no water meters.  I donít want to go back that far

 

Mayor Reynolds states this may not be available for our next meeting so we make sure we get everything.

 

Julie Martin again asks whom Mayor would like in attendance.

 

Mayor Reynolds responds the water superintendent, current water clerk, and DPW supervisor.  Call the auditor and see what he does or doesnít do and hopefully we can get everything for our next council meeting

 

Paula Kuchinski asks if anything will they be charged penalties for this and interest?

 

Mayor Reynolds that is something that we talked about with the attorney and that is ongoing.  It is most likely going to go to litigation.

 

Paula Kuchinski states as a taxpayer I paid for their. Ö(not clear on tape)

 

Mayor Reynolds states I understand that.

 

Paula Kuchinski states so when I get up and ask a question I donít want to hear litigation when I ask another question about it.  I want an answer on it.  Every taxpayer sitting here paid for their water and we deserve an answer.

 

Mayor Reynolds states I donít disagree with you.  We are not going to do it in closed session. 

 

Paula Kuchinski states but if it goes to litigation you may say it has to go through Executive.

 

Mayor Reynolds states not that part of it.  You could still discuss how we got there.  We canít talk about the litigation if it becomes that but you can talk about the process of how we got to that point and why it wasnít picked up in 4,5 or 6 years.  That can be discussed in open session and it could be done even if litigation is pending.

 

Mayor Reynolds continues we have to make sure we can get all the parties.  Two weeks may not be sufficient to get everything together so we will try to get it for the next council meeting if not the one after.

 

Paula Kuchinski it will be posted on the web right?

 

Mayor responds right weíll put when there will be a public - -

 

C/Carr states I would like to assure you as a councilperson who this has been brought to my attention if I do not find a reasonable explanation I will continue until I do otherwise Iím as liable for the mistake as everyone before and there may be a reasonable explanation.  There isnít one now and I think this needs to move forward until we have one.

 

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

 

Seconded By:             C/Soden

 

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

                   Nays:        None

                Absent:        C/Simon

               Abstain:        None

 

The time being 8:24  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/Palmieri. Passed unanimously.

 

The time being 9:07 P.M.

 

Adjournment

 

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

 

The time being 9:08 P.M.

 

 

 

___June 28, 2006__________                                          ________________________

Approved by Governing Body                                          Clerk