** AGENDA **

February 12, 2007

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 – November 8, 2006 & November 20, 2006

5.         Committee Reports

6.         Correspondence

7.                  Public Hearing - Transfer of Liquor License – Pop Pop Enterprises, Inc./Project Expeditors

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.                 Ordinance No. 2007-02 – First Reading & Introduction

Amending the Borough Code Book, Chapter 2.126 Entitled “Water” and Chapter 2.106 Entitled “Sewer

B.         Resolution No. 2007-043

Authorizing Aerial Spraying of Pesticides By Monmouth County Mosquito Extermination Commission

C.        Resolution No. 2007-044

Establishing Investment Policy

D.                 Resolution No. 2007-045

Authorizing Purchases Over $800

Water Dept. – Water Leak Repair, 59 Main Street

E.                  Resolution No. 2007-046

Authorizing Purchases Over $800

Tax & Water/Sewer Dept. – Barcode Scanner

F.                  Resolution No. 2007-047

Authorizing Implementation of Organizational Chart

G.                 Resolution No. 2007-048

Authorizing Approval of Department Requisitions

H.                 Resolution No. 2007-049

Authorization to Cancel Water Overpayment Balance

I.          Resolution No. 2007-050

            Authorizing Payment of Borough Bills

J.          Resolution No. 2007-051

            Authorizing Acceptance of Donation from Opportunity Knocks

10.       Tax Collector’s Report – Month of January 2007

11.       Public Portion

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

            12.       Executive Session

            13.       Adjournment

The meeting was called to order by Mayor Reynolds at  7:30 P.M.

Roll Call:  Present:        C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Absent:       C/Soden

Also present were Peter Gorbatuk, Acting Municipal Clerk, Christine Robbins, 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 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.

Mayor Reynolds reads resignation letter dated February 12, 2007 from Councilman Soden resigning as Council Member of the Borough of Englishtown.

Mayor Reynolds request motion to accept resignation of Councilman Soden.

C/Carr responds she would like an explanation why he is resigning and does not accept resignation.

C/Robilotti would also like to know why and does not accept resignation.

Mayor Reynolds states that C/Soden does not have to give an explanation why he is resigning.

C/Cooke ask what will happen if we do not accept resignation?

Stuart Moskovitz states if you accept resignation he cannot withdraw it, if you don’t accept it he has the option to withdraw.

Motion to accept resignation was offered by C/Simon and seconded by C/Leonardis. 

Roll Call:          Ayes:                C/Simon, C/Leonardis

                        Nayes:              C/Carr, C/Robilotti, C/Cooke

                        Absent:             C/Soden

                        Abstain:            None

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of November 8, 2006 and November 20, 2006 was offered by C/Simon and seconded by C/Carr.  Passed on the following roll call:

Roll Call:          Ayes:    C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                      Nayes:    None

                     Absent:    C/Soden

                    Abstain:    None

Committee Reports

C/Leonardis

·        Rick Guffanti, DPW Supervisor finds Focus useful for communicating with Borough and would like to see it go back out again.

·        Plastic forks/knives are picked up generally when picking up janitorial supplies and the cost is only about $4.00 less than Sam’s Club.

·        Reads aloud Department of Public Works monthly report.

·        Rick Guffanti would like to know if minute packets could be done by email?

C/Cooke

• We will be getting Focus running again.

C/Robilotti

• Finished self evaluations and will now be moving on to discuss the evaluations with the department heads.

C/Carr

• Met with Donna Drewes from Municipal Land Use Center, she has made and sent the application for the Institute of Architect.  Would like Mayor and Council to send thank you letter to Donna for her work.
• Congratulated Chief on becoming a Certified Public Manager.  Recommend giving stipend for certification.  Does Council need to vote on that?

Mayor Reynolds asks if that was part of his job description or something he did on his own?  For the Public Works Director and Municipal Clerk the certification was required for the job.

C/Carr responds she will show the Mayor the paperwork that it is a required course.

Mayor Reynolds responds we have to look into it to see what the stipend is because we never established anything for that.

C/Carr responds yes we did the last time when we gave Rick Guffanti, DPW Supervisor a stipend we said that anyone who got their certification would get that same $2000.00.  It’s in the minutes.

Mayor Reynolds responds we will look into that.

• Court total for January was $8,729.26.
• Police Activity Report for the period of January was 460 calls.  Detailed printout is available for any to see.
• Michael MacInnes will be going for surgery on his knee.
• There was a terrible motor vehicle accident by the bridge.  Did the County repair the bridge yet?

Mayor Reynolds responds yes.

C/Simon 

• Nothing at this time.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        Resolution on tonight’s agenda regarding a letter from Monmouth County Mosquito Extermination Commission dated February 6^th 2007.  Aerial spraying will commence 3/15/07 through 11/30/07.  This needs Council approval. 

·        Received letter dated February 9^th from New Jersey Natural Gas; there will be a Public Hearing on February 22^nd at 7:00 PM at the Freehold Borough Municipal Building regarding rates.

·        Personnel Meeting for Department Heads is scheduled for tomorrow February 13^th at 7:30 P.M. in Council Chambers.

Public Hearing – Transfer of Liquor License

Pop Pop Dugan Enterprises, Inc. /Project Expeditors

Michael Maggio, 442 Tenant Road, Manalapan,  Coral Silsbe, 315 Iron Ore Road, Manalapan, and Jeffrey Ferrier, 146 Highway 34, Holmdel are sworn in.

C/Carr

·        Concerns were raised with the liquor license being sold for $75,000.00 and with no location for it to go to.

·        Why are you selling your liquor license for $75,000.00 when it is worth much more than that? 

·        What are the buyers intensions?

·        How long has Pop Pop’s been closed?

Michael Maggio states that the license has been on the market for over three years at $300,000 with Prudential New Jersey Properties. Pop Pop’s has been closed for 3 years.

C/Simon

·        Have there been any offers?

Michael Maggio

·        No there were no offers.

Stuart Moskosvitz

·        Is it the property or the license that was on the market?

Michael Maggio

·        The license was on the market; I do not own property.

·        Took it off market when it didn’t sell.

·        Received a call when license was up that someone was interested and accepted their offer.

C/Carr

·        Questions the marketing of the sale of the license.

Vincent Maggio, Berks Drive, East Brunswick is now sworn in.

Vincent Maggio states that he listed with several Real Estate Agencies.

C/Carr

·        Council would like to know what Coral Silsbe, buyer of Liquor License intentions are?

·        How long do we have before she needs to make a decision before we loose one of our two liquor licenses?

Michael Maggio

·        Is Council aware of special ruling in June 2006 from State indicating that the Council could reauthorize the liquor license?

Stewart Moskovitz

·        Council is aware; that goes to June 2008.  Chances of State granting another two-year extension when there is still no location in 5 years are not good.  This leaves us a year and a half.

 Coral Silsbe

·        Does not have $75,000 just to throw away.

·        Is looking into finding a location for the license.

Extensive Discussion between Council Members, Stewart Moskovitz, Michael Maggio, Vincent Maggio, and Coral Silsbe continues regarding liquor license.

Mayor Reynolds asks if this hearing can be adjourned till February 28^th our next Council Meeting?

Stewart Moskovitz

·        On application, 2.6 was left blank and 10.3 New Jersey Sales Tax Certificate of Authority number is needed.

·         Contract originally was made individually with Mr. Sullivan and Ms. Silsbe; they then assigned it to Project Expeditors; Council would like to know at next Council Meeting why it was done this way?

Mayor Reynolds opens the floor to the public for comments.

Chris Sullivan, 359 Iron Ore Rd., Manalapan

·        Comments on price of Liquor License. 

·        Had anyone ever approached Pop Pops to find out why he closed and what we can do to help?

C/Carr

·        At the third Economic Development Committee meeting it was brought to the attention that we have a liquor license hanging out there that we should look into further.

Vincent Maggio

·        Hair Systems forced them out of business.

John Niziolek, Chief of Police

·        Police Department has to complete a full background check, including any and all members of the corporation and licensee.  Full financial disclosure for last three years and finger prints.

Coral Silsbe states that she owns the Corporation and has been fingerprinted.

Stuart Moskovitz asks has all information been provided that needs to be submitted with application?

John Niziolek, Chief of Police states that fingerprints have been provided but not fees necessary for State and Federal checks and Department needs to be contacted.

Stuart Moskovitz states that everything needed has to be in place before next Council Meeting.

Mayor Reynolds asks that everything be expedited by the February 28^th Council Meeting so that we can reopen the hearing and address issues that was discussed here tonight.

Mayor Reynolds request motion to adjourn Public Hearing till February 28^th, 2007.   Offered by C/Simon and seconded by C/Robilotti.  Passed unanimously. 

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/Carr and seconded by C/Simon.  Passed unanimously. 

New Business

BOROUGH OF ENGLISHTOWN              First Reading and Introduction

ORDINANCE NO. 2007-02

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.106, ENTITLED “SEWER” AND 2.126, ENTITLED “WATER”

WHEREAS, the governing body of the Borough of Englishtown has determined that certain corrections are needed in the language of the Code with respect to general billings for sewer and water service:

WHEREAS, the governing body of the Borough of Englishtown has determined specifically that there there exists a need to reduce the time periods for acting on defaulted payments:

I.          Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.106, entitled “Sewer” of the Code of the Borough of Englishtown is hereby amended as follows:

§2.106.14.2 entitled “Rates and Charges; Failure to make payment” is hereby amended so that the third sentence shall state:

If the account ages seventy-five (75) days, final notice will be sent by certified mail stating that if the account is not paid within ten days the water will be shut off and/or disconnected at the owner’s expense and at the Borough of Englishtown’s option.

II.        Be it further ordained that Chapter 2.126, entitled “Water” of the Code of the Borough of Englishtown is hereby amended as follows:

§2.126.11.E.(4) is hereby amended so that the third sentence shall state:

If the account ages seventy-five (75) days, final notice will be sent by certified mail stating that if the account is not paid within ten days the water will be shut off and/or disconnected at the owner’s expense and at the Borough of Englishtown’s option.

III.       Be it further ordained that:

A.        All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.

B.         If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

C.     This Ordinance shall take effect upon passage and publication in accordance with applicable law.

A motion to introduce the above titled Ordinance was offered by C/Simon and seconded

by C/Robilotti.  Passed on the following roll call.

Offered By:                              C/Simon

Seconded By:                           C/Robilotti

Roll Call:          Ayes:                C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                        Nays:               None

Abstain:            None

Absent:            C/Soden

Christine Robbins, Deputy Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-02 is scheduled for the February 28^th Council Meeting, 7:30 p.m. at Borough Hall.

Borough of Englishtown

Resolution No. 2007-043

Authorization Allowing Aerial Spraying Of Pesticides By

Monmouth County Mosquito Extermination Commission

            Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Englishtown; and 

            Whereas, we understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.

            Now, Therefore, Be It Resolved it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.

            Be It Further Resolved by the Mayor and Council of the Borough of Englishtown that this approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.

Offered By:                  C/Simon                      

Seconded By:               C/Robilotti

Roll Call:  Ayes:           C/Simon, C/Robilotti, C/Cooke, C/Leonardis  

      Nays:         C/Carr

  Abstain:          None

               Absent:          C/Soden

Borough of Englishtown

Resolution No. 2007-044

Resolution Establishing Investment Policy

BE IT RESOLVED by the Borough Council of the Borough of Englishtown, that for the year 2007, the following shall serve as the Investment Policy for the Borough of Englishtown:                                  

    Borough of Englishtown Investment Policy

1.                  Policy

It is the policy of the Borough of Englishtown to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of our entity and conforming to all state and local statutes governing the investment of public funds.

2.                  Scope

This policy includes all funds governed by the Mayor and Council of the Borough of Englishtown.

3.                  Prudence

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.

4.                  Objective

The primary objective, in order of priority, shall be:

·        Legality – conformance with federal, state and other legal requirements

·        Safety – preservation of capital and protection of investment principal

·        Liquidity – maintenance of sufficient liquidity to meet operating requirements

·        Yield – attainment of market rates of return

The portfolio should be reviewed periodically as to its effectiveness in meeting the entity’s needs for safety, liquidity, rate of return, diversification and its general performance.

5.                  Delegation of Authority

Management and administrative responsibility for the investment program is hereby delegated to the Chief Financial Officer who, under the delegation of the governing body, shall establish written procedures for the operation of the investment program.

6.                  Ethics and Conflicts of Interest

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.

7.                  Authorized Financial Dealer and Institutions

The Chief Financial Officer will maintain a list of financial institutions authorized to provide investment services.  In addition, a list will also be maintained of approved security brokers/dealers selected by credit worthiness.

8.                  Authorized and Suitable Investments

Investments may be made in any type of security allowed for in New Jersey Statutes regarding the investment of public funds.  Investments shall be made that reflect the cash flow needs of the fund type being invested.

9.                  Collateralization

Funds on deposit (checking accounts, certificates of deposits, etc.) in excess of FDIC limits must be secured by some form of collateral, witnessed by written agreement and held at an independent – third party institution in the name of the municipality.

10.              Safekeeping and Custody

All security transactions, including collateral for repurchase agreements, entered into by the Borough of Englishtown, shall be conducted on a delivery-versus-payment (DVP) basis.  Securities will be held by an independent third party custodian designated by the Chief Financial Officer and evidenced by safekeeping receipts and a written custodial agreement.

11.              Diversification

The entity shall diversify its investments to the best of its ability based on the type of fund invested and the cash flow needs of those funds.  Diversification can be by type of investment, number of institutions invested in, and length of maturity.

12.              Maximum Maturities

To the extent possible, the Borough of Englishtown shall attempt to match its investments with anticipated cash flow requirements.  Unless matched to a specific cash flow, the Borough of Englishtown will not directly invest in securities maturing more than 2 years from the date of purchase.

Reverse funds may be invested in securities exceeding 2 years if the maturities of such investments are made to coincide as nearly practicable with the expected use of funds.

13.              Internal Control

The Chief Financial Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse.  The internal control structure shall be designed to provide reasonable assurance that these objectives are met.  The internal controls shall address the following points:

·        Control of collusion

·        Separation of transaction authority from accounting

·        Custodial safekeeping

·        Written confirmation of telephone transactions for investment and wire transfers

14.              Performance Standards

This investment portfolio will be managed in accordance with the parameters specified within this policy.  The portfolio should contain a comparable rate of return during a market/economic environment of stable interest rates.  Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio.  Englishtown’s benchmark shall be the New Jersey Cash Management Fund.

15.              Reporting

The Chief Financial Officer shall prepare an investment report at least monthly.  The report should be provided to the Mayor and Council and available upon request.  The report should be in a format suitable for review by the general public.  An annual report should be provided to the Mayor and Council.

16.              Marketing to Market

A statement of the market value of the portfolio shall be issued to the Mayor and Council quarterly if money is being invested with an approved security broker/dealer.

17.              Investment Policy Adoption

This investment policy shall be adopted by the Mayor and Council.  This policy shall be reviewed on an annual basis by the Chief Financial Officer and any modifications made thereto must be approved by the governing body.

Offered By:                  C/Simon

Seconded By:               C/Robilotti

Roll Call: Ayes:             C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:          None

             Abstain:           None

              Absent:           C/Soden 

Borough of Englishtown

Resolution No. 2007-045

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:

Water Department

Repair of Water Leak, 59 Main Street - $1,390.00

Services From:

Brenner Drainage & Excavating, Inc.

205 Dey Grove Road

Monroe Twp., N.J.  08831

            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/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          C/Soden

Borough of Englishtown

Resolution No. 2007-046

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:

Tax & Water/Sewer Departments

Barcode Scanner - $809.00

Purchased From:

Edmunds & Associates

301-A Tilton Road

Northfield, N.J.  08225

            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/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          C/Soden

Borough of Englishtown

Resolution No. 2007-047

                                   Authorizing Implementation of Organizational Chart

            Whereas, the Borough Council has determined that there is a need for an established chain of command within the Borough’s governmental organization in order to establish firm reporting lines and smooth the operations of the government: 

            Now therefore, be it resolved by the Englishtown Borough Council that the attached Organizational Chart shall determine the reporting lines of supervision among the employees and affiliated contract professionals for the day to day operations of the Englishtown Borough government. This Organizational Chart shall be implemented immediately and be effective until altered by a subsequent resolution. 

            Be It Further Resolved, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator, and each Borough Department head.

Offered By:                  C/Simon

Seconded By:               C/Robilotti

Roll Call: Ayes:     C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                Nays:    None

             Abstain:   None

              Absent:   C/Soden

Borough of Englishtown

Resolution No. 2007-048

Resolution of the Borough of Englishtown,

County of Monmouth, State of New Jersey

Authorizing the Approval of Department Requisitions

            Whereas, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

            Whereas, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $6,396.17

are hereby authorized to be processed into purchase orders on February 12, 2007.

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 requisitions hereby authorized to be processed into purchase orders.

Offered By:                  C/Simon          

Seconded By:               C/Robilotti

Roll Call:  Ayes:           C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:         C/Soden

Borough of Englishtown

Resolution No. 2007-049

Resolution Canceling Water Overpayment Balance

            Whereas, the Borough of Englishtown Water /Sewer Clerk has reported an erroneous excess payment, prior to the year 2002, in the amount of $88.00 on Block 2, Lot 23.03 located at 48 LaSatta Avenue assessed to Jack Monetti Builders be cancelled, and;

            Whereas, Jack Monetti Builders did not submit that payment because said property is vacant land and does not receive water service,

            Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Water/Sewer Clerk, authorize $88.00 to be cancelled to surplus; and

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

Offered By:                  C/Robilotti

Seconded By:               C/Simon

Roll Call:  Ayes:           C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:          C/Soden

Borough of Englishtown

Resolution No. 2007-050

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 $136,767.60

                   are hereby authorized to be paid on February 12, 2007.

3.        The Borough Clerk 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

• Page 8 are jackets and shirts under 2007 budget or last years budget.

Laurie Finger

• These are under 2006 budget.

Roll Call:  Ayes:           C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                  Nays:         None

              Abstain:          None

               Absent:         C/Soden

Borough of Englishtown

Resolution No. 2007-051

                           Authorizing Acceptance of Donation from Opportunity Knocks

            Whereas, a recognized charitable organization, Opportunity Knocks, exists within the borders of the Borough of Englishtown providing housing for adults with disabilities;

            Whereas, as a recognized charitable organization, Opportunity Knocks is exempt from local property taxes; and

            Whereas, in order to avoid draining the revenues of the municipality by occupying housing within the municipality without providing the normal taxes that would have been assessed, Opportunity Knocks seeks to contribute funds to the municipality to help offset the loss of revenue:

            Now therefore, be it resolved by the Englishtown Borough Council that the Borough gratefully acknowledges the gift by Opportunity Knocks and accepts the contribution of $2,000 to be placed within the general fund of the Borough.

Be it further resolved, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator and Chief Financial Officer.

Offered By:                  C/Simon

Seconded By:               C/Robilotti

C/Carr

• Has it been determined that this is a legal operation?
• Do they have the proper approvals?

Stewart Moskovitz

• It is a legal operation, it is a charity, it’s a 541.

Mayor Reynolds

• They did come before the Planning Board and met all requirements.

Roll Call:  Ayes:            C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                 Nays:          None

             Abstain:           None

              Absent:           C/Soden

Tax Collectors Report                  Month of January 2007

                                         Taxes, 2008                                    $0

                                         Taxes, 2007                                    $313,715.88

                                         Taxes. 2006                                    $  16,527.81

                                         Interest on Taxes                                    $459.03

                                              Total Net                                    $330,702.72

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.

Daniel Becker, 17 Pension Road

• Would like to know why skating on lake is not permitted

Mayor Reynolds states the Borough is liable if the ice is not safe. The problem we had was getting someone who is qualified to test the ice. Under the advise from the insurance company, the Council decided not to allow skating on lake.

Daniel Becker

• If lake is not frozen and someone is out there on a boat and they drown is the Borough liable.

C/Carr

• Our insurance will cover if we go through the proper procedure.  We have not had a conversation as a Council whether to move forward on it or not.

Mayor Reynolds asks Chief Niziolek if he had any issues regarding skating on the lake?  The biggest issue was having the ice tested to make sure it was safe.

Chief Niziolek

• There is no standard set for ice.
• Who in the Borough will test the ice.
• Who is qualified to test the ice?
• How often will it be tested?
• If they are a Borough worker, are they here on weekends to retest ice if we have a warm spell. These are some of the issues.

Mayor Reynolds states that the lake has been dredged and it is now 6 feet.

Daniel Becker

• The lake is now frozen; there were about 40 kids skating yesterday on the lake when a police officer asked them to leave.

Mayor Reynolds asks Council if they would like to re-address this issue?

C/Robilotti

• Would like to discuss it tonight and come to a decision.

Steve Moskovitz

• There is a difference between boating and skating.
• Allowing ice-skating would be treated differently both in court and by the insurance company.
• The first criteria is going to be, what did the Borough do to insure the safety of the people using it?
• The borough must make sure that someone is out there testing the ice and posting a sign saying whether it is safe or not safe.

Peter Becker, 17 Pension Road

• Lived here all his life and has been skating on the lake since he was a little boy.
• Five or six years ago we had to come before Council and sign a release form and then we were allowed to skate.
• Would like to see the kids skate on lake.

C/Robilotti

• We as a Council have to look out for your welfare and make sure it is safe for everyone.

Mayor Reynolds states we will discuss it tonight.

Bob Fawner, 6 Abilene Lane

• I came before Council 6 years ago and at that time Council stated skate at your own risk.
• How does Red bank, Navasink River get around liability?

Stuart Moskovitz

• Navasink River is not Municipal property.
• Weamaconk Lake is Municipal property.

Bob Fawner

·        What about sleigh riding in Tompkins Parks, how do they get around the liability?

Mayor Reynolds states that’s a Middlesex County Park owned by the County.  We will take everyone’s questions under advisement and see what we can do.

Patrolman Peter Cooke, PBA Representative

·        PBA is 100% against skating on the lake unless it is being tested.

·        They are not equipped for ice water rescue and neither is the Fire Company.

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

Executive Session

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel, anticipated 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/Simon  

Roll Call:   Ayes:           C/Simon, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

                   Nays:        None

                Absent:         C/Soden

               Abstain:         None

The time being  8:45 P.M.        

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

The time being 9:45 P.M.

Adjournment

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

The time being  9:46 P.M.

 March 28, 2007                                                   

Approved by Governing Body