** AGENDA**

September 27, 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. Committee Reports

5. Correspondence

6. Continuing Discussion Item: Parking Restrictions

Carriage Lane and Pine Street

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:

A. Resolution No. 2006-147

Granting Approval for Raffle Application No. RA2006-01

Battleground Historical Society

B. Resolution No. 2006-148

Accepting the Resignation of Deputy Clerk, Rhoda Overgard

C. Resolution No. 2006-149

Authorizing Execution of Settlement Agreement with Liberty Manor

D. Resolution No. 2006-150

Authorization of Purchases Over $800.00 – Fall Festival Rides

E. Resolution No. 2006-151

Authorization of Purchases Over $800.00 – Surface Material –

Sanford Park Play Structure/Swing set Area

F. Resolution No. 2006-152

Authorizing the Payment of Borough Bills

G. Resolution No. 2006-153

Authorizing Borough Engineer to Prepare, Advertise and Receive

Bids For The Grouting of A Void Underneath the Intersection of Main and Water Streets

H. Resolution No. 2006-154

Authorizing Borough Engineer to Prepare, Advertise and Receive

Bids For Upgrades of Lime Tanks

9. Tax Collector’s Report – August, 2006

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 implies 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/Simon, C/Carr, C/Robilotti,

Absent: C/Palmieri

Also present were Mayor Reynolds, Christine Robbins, Administration Clerk, Laurie Finger, Chief Financial Officer, 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.

Committee Reports

C/Rucker

· Nothing at this time.

C/Robilotti

· Recreation Committee meeting held regarding Fall Festival. Everything coming along smoothly.

· Fall Festival flyers are printed and will be distributed to the schools by Wednesday.

· In touch with Board of Health regarding Flu Vaccine shipment.

· Attended public meeting in Manalapan regarding new legislation the state is trying to push through.

· Manalapan Library will have a talk about the Pandemic Influenza on October 17, 2006 from 6:30-8:30pm. To register call 732-446-8345.

· Need more information about the publication Focus if council wants me to pursue it. Consensus from council needed regarding continuing with the Focus.

C/Soden

· Agreement on agenda tonight with Liberty Manor

· Authorizing of grouting void underneath Main Street of Englishtown.

· Would like to put in larger Lime System.

· Would like to start using chlorine pellets as opposed to gas.

C/Carr

· Spoke with Donna Drewes from the Municipal Land Use Center regarding grant.

· Village Inn meeting - we are looking for a grant. There is a woman who wrote her doctorate on the Village Inn and would like to write a curriculum for the 5^th grade school year. This would bring the student to the Inn and the different sites of The Battle of Monmouth.

C/Simon

· Police Activity Report for the period of September 5^th thru September 24^th, 2006 there were 437 total calls and 117 motor vehicle stops.

· Resignation received effective September 27^th from Rhoda Overgard our Deputy Clerk.

Correspondence

Christine Robbins, reports:

· A letter was received from C/ Palmieri, due to her ongoing illness it has become difficult for her to physically attend meetings on a regular basis and requested to be excused from the regular meetings until the end of October, 2006.

C/Carr asks if we can relieve her of her committee duties.

Mayor Reynolds states that her co-chair will do her job until she returns.

C/Soden – Does not want this holding anything up.

Continuing Discussion Item - Parking Restrictions

Carriage Lane and Pine Street

Mayor Reynolds asks if signatures requested at last meeting were received. By lifting parking restriction, how many dwelling will be affected?

Nick D’Angelo, Carriage Lane responds that he was able to get 38 out of 72 signatures. Out of the 38, there were three no. We also have an affidavit from the President of the Association confirming this is a good idea.

Stuart Moskovitz asks what was the reason for the three nulls.

Nick D’Angelo responds they did not want anyone to park in front of their building.

Mayor Reynolds asks if all issues were resolved regarding the measurements and any other issues.

Christine Robbins responds that there were no problems.

C/Rucker states that he would like to make public that we do have a parking ban when the roads are 2” or more covered with snow. Please move your cars so we can get the roads cleared.

Discussion takes place between Mayor, Council, and Stuart Moskovitz regarding Pine Street, Center Street and truck route into industrial park. A few key items of discussion:

· Try to designate Pine Street as the main entrance into Industrial Park.

· Publicize that we are allowing parking on Carriage Lane.

· Draft a letter to be distributed to the 72 homes on Carriage Lane.

· Try to get truckers to use Pine Street instead of Center Street

· Give notice to Church that on Sundays parishioners will be allowed to utilize the Board Of Education building for additional parking.

Mayor Reynolds states we will draft a letter for the residents on Carriage Lane stating vehicles must be removed from the street with 2” or more of snow to allow plows the clearance. Attorney Stuart Moskovitz will prepare the ordinance for Carriage Lane. No Parking until Public Hearing of Ordinance.

Public Portion – Agenda Items

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

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

New Business

Borough of Englishtown

Resolution No. 2006-147

Resolution of the Mayor and Governing Body

Granting Approval for Raffle Application No. RA2006-01

Whereas, the Battleground Historical Society has applied to the Governing Body of the Borough of Englishtown for a raffle license for November 17, 2006; and

Whereas, the Battleground Historical Society has paid all the proper fees to the Borough of Englishtown and submitted the proper fees to be forwarded to the Legalized Games of Chance Control Commission; and

Whereas, the Mayor and Governing Body of the Borough of Englishtown finds that the Battleground Historical Society is a qualified applicant and the members of the Battleground Historical Society are designated to conduct games of chance and are of good moral character and said members have never been convicted of a crime to the best of the Council’s knowledge; and

Whereas, said games are to be conducted by the rules set forth by the Legalized Games of Chance Control Commission and the entire net proceeds are to be disposed of for a purpose permitted by the Raffle Licensing Law Act of 1954; and

Whereas, there is satisfactory proof that the Battleground Historical Society will not make payment for the conducting of the game or assisting therein, except to the extent allowed by law; and

Whereas, The Battleground Historical Society has stated that any rental to be paid for raffle equipment does conform to the schedule of authorized rentals prescribed by the rules of the Control Commission and the raffles equipment lessor, should there be one, has been approved by the Control Commission; and

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Raffle Application No. RA2006-01 for the Battleground Historical Society be approved as required by N.J.A.C. 13:47-4.11 and forwarded to the Legal Games of Chance Control Commission as

prescribed by N.J.A.C. 13:47-4.3 (b); and

Be It Further Resolved, that a copy of Raffle License RA2006-01 be forwarded by the Municipal Clerk to the Legalized Games of Chance Control Commission for their review and determination; and

Be It Further Resolved, on the fifteenth day after Raffle Application No. RA2006-01 has been forwarded to the Legalized Games of Chance Control Commission with no objections received, Raffle License No. RA2006-01 may be issued to the Battleground Historical Society and copies of said license shall be distributed to the Licensee, the Municipal Clerk, and the Borough of Englishtown Police Department.

Offered By: C/Carr

Seconded By: C/Simon

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-148

Resolution Accepting the Resignation of

Deputy Clerk, Rhoda Overgard

Whereas, Rhoda Overgard served as Deputy Clerk/Deputy Registrar in the Borough of Englishtown; and

Whereas, Rhoda Overgard did tender her resignation to the Englishtown Borough Council from that position, her last day of employment being September 27, 2006,

Now, Therefore, Be It Resolved that:

1. The resignation of Rhoda Overgard is accepted by the Englishtown Borough Council.

2. That a certified copy of this Resolution be delivered to the Chief Financial

Officer.

Offered By: C/Soden

Seconded By: C/Simon

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-149

RESOLUTION AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT WITH LIBERTY MANOR

Whereas, in April, 2006, it was determined that Liberty Manor Assisted Living Center was being under-billed for excessive use of water because a bypass valve had been turned limiting the water passing through the meter; and,

Whereas, no determination has ever been made as to the cause of the valve’s being turned, despite full investigation by applicable authorities; and,

Whereas, the Operations Manager for the Borough’s water department has produced two distinct means of estimating the amount owed, either of which could be determined by the BPU to be appropriate; and,

Whereas, neither method of calculation is based on any actual usage during the period in which under-billing is being claimed, the methods of calculation being based on use prior to the valve issue and subsequent to the valve issue, respectively; and

Whereas, in a meeting with the Operations Manager, the Councilperson responsible for the water department and the Borough Attorney, Liberty Manor Assisted Living Center agreed to pay in full and expeditiously, the amount requested in April, 2006, namely, $79,366.56, provided the settlement is approved by the Borough Council:

Now, Therefore, Be It Resolved, that the Borough Attorney is authorized to enter into an agreement with Liberty Manor Assisted Living Center providing for the reimbursement of $79,366.56, as full payment for the under-billed water usage, with the proviso that such payment be made expeditiously in a single lump sum payment.

Be It Further Resolved that the Borough Clerk forward a certified true copy of this resolution to the Borough Administrator, the Borough Attorney, and the Water Department Operations Manager.

Offered by: C/Soden

Seconded by: C/Robilotti

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

Nays: C/Carr, C/Robilotti

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution Number 2006-150

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:

Fall Festival - Rides

Not to Exceed…………….$2,200.00

Services From: JPZ Entertainment, Inc.

28 Harrison Avenue

Englishtown, N.J. 07726

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/Robilotti

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-151

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:

Surface Material for area around

Playstructure and Swingset

Not to Exceed…………….$1,675.00

Purchased From: South Jersey Agricultural Prods.

395 Route 77, PO Box 895

Elmer, N.J. 08318

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/Rucker

Seconded by: C/Robilotti

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-152

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 $382,992.98 be and

the same are hereby authorized to be paid on September 27, 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/Simon

Seconded by: C/Robilotti

C/Carr would like to have discussion in executive meeting regarding reorganization of office.

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-153

Resolution Authorizing the Borough Engineer to Prepare,

Advertise and Receive Bids For Void Grouting

Whereas, the Borough of Englishtown desires to pressure grout a void underneath the intersection of Main Street and Water Street; and,

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

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

Be It Further Resolved, that engineering fees for this process are not to exceed

$2,500.00.

Offered By: C/Soden

Seconded By: C/Robilotti

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

Nays: None

Abstain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-154

Resolution Authorizing the Borough Engineer to

Prepare, Advertise and Receive Bids For Upgrades Of Lime Tanks

Whereas, the Borough of Englishtown desires to upgrade the lime tanks in the water plant; and,

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

Be It Further Resolved, that engineering fees for this process are not to exceed $3,500.00.

Offered By: C/Soden

Seconded By: C/Robilotti

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

Nays: None

Abstain: None

Absent: C/Palmieri

Tax Collectors Report Month of August, 2006

Taxes, 2006 $ 510,276.52

3^rd Party lien redemption $2,028.92

Interest $246.10

Misc. to be refunded $1,433.27

Total $513,984.81

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.

Nick D’Angelo, 6 Carriage Lane while polling the residents on Carriage Lane they came up with other criteria they would like to see:

· Stop sign at intersection of entrance

· Replacement of old No Parking Sign

· Legal Distance from Fire Hydrant curbs to be painted yellow

· At entrance 2 new signs “Caution Children Present”

· 15 mile an hour speed limit

· Speed bumps at entrance

· Pads for overflow parking

Paula Kuchinski, states that there are no approval of minutes tonight. Why are we so far behind and how far have we gotten?

C/Carr states that the last minutes we approved were June 13^th.

Mayor Reynolds states please prioritize our time and get the minutes up to date.

Kevin Bosies, 12 Main Street asks if the Liberty Manor units have kitchens.

C/Robilotti states that they do not have kitchens. They may have small microwaves.

Paula Kuchinski, what was the Liberty Manor settlement?

Mayor Reynolds states $79,366.56

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

Seconded By: C/Soden

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

Nays: None

Absent: C/Palmieri

Abstain: None

The time being 8:04 P.M.

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

The time being 9:10 P.M.

Borough of Englishtown

Resolution No. 2006-155

Amendment to Salary

Clerk/Typist – Administration

Whereas, there is currently the position of Clerk/Typist in the Administration Department of the Borough of Englishtown; and

Whereas, said position is currently filled by Christine Robbins; and

Whereas, it is the recommendation of the Governing Body to increase the salary for the position of Clerk/Typist.

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Christine Robbins’ salary as Clerk/Typist be amended effective January 1, 2006 to the sum of $12.00 per hour.

Be it Further Resolved, that a true, certified copy of this resolution be forwarded to the Borough Chief Financial Officer/Borough Administrator and Christine Robbins.

Offered by: C/Soden

Seconded by: C/Rucker

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

Nays: C/Carr, C/Robilotti

Abtain: None

Absent: C/Palmieri

Borough of Englishtown

Resolution No. 2006-156

Resolution Appointing Acting Municipal Clerk

WHEREAS, as the result of the resignations of the Municipal Clerk and the Deputy Municipal Clerk, there is an emergency need for Municipal Clerk services;

WHEREAS, there exists within the current employ of the Borough of Englishtown an individual licensed to perform that work, namely the current Municipal Administrator;

WHEREAS, the Borough intends to advertise for a full time Municipal Clerk and to appoint an acting clerk in the interim;

NOW THEREFORE BE IT RESOLVED, that the Borough Council hereby appoints Laurie Finger, currently the Borough Administrator, to hold the additional title and position of Acting Municipal Clerk, with all the powers granted by law to a licensed Municipal Clerk, effective immediately.

BE IT FURTHER RESOLVED, that the Clerk’s Office is authorized to forward a copy of this Resolution to any entity appropriate to establish the authority of the Acting Municipal Clerk.

Offered By: C/Soden

Seconded By: C/Simon

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

Nayes: None

Abstain: None

Absent: C/Palmieri

Adjournment

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

The time being 9:11 P.M.

_January 10, 2007__________

Approved by Governing Body