** AGENDA **

January 10, 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 – September 13, 2006, September 27, 2006 & October 11, 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. 2006-26 – Public Hearing & Adoption

Amending Chapter 2.126 of the Borough Code Book

Entitled “Water”

9. New Business:

A. Ordinance No. 2007-01 – First Reading & Introduction

Authorizing an Emergency Appropriation for the Preparation and Execution of a Complete Program of Revaluation of Real Property for the Use of the Local Assessor

B. Resolution No.2007-032

Authorizing Purchases over $800.

Police Dept. – Data Line

C. Resolution No. 2007-033

Authorizing Purchases over $800.

Police Dept. – Software Support & License

D. Resolution No. 2007-034

Authorizing Purchases over $800.

2007 Software Maintenance

E. Resolution No. 2007-035

Authorizing Change Fund – Municipal Clerk’s Office

F. Resolution No. 2007-036

Authorizing Payment of Borough Bills

10. Tax Collector’s Report – December 2006

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 7:31 P.M.

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

Absent: None

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

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of September, 13, 2006, September 27, 2006 and October 11, 2006 was offered by C/Soden and seconded by C/Robilotti. Passed on the following roll call:

C/Robilotti

September 27, 2006 page three under Committee Report this was a meeting in Manalapan regarding legislation that State was trying to push through not Manalapan Township.

Christine Robbins

September 13, 2006, Page three forth bullet has been corrected.

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

Nayes: None

Absent: None

Abstain: C/Leonardis

Committee Reports

C/Leonardis

· Received routine bills for light bulbs and cleaning supplies.

Scheduled to meet with Rick Guffanti on Friday, January 12, 2007.

C/Cooke

· Nothing at this time.

C/Robilotti

· Met with Laurie Finger on Monday, January 9, 2007 to discuss Personnel Meeting on January 18, 2007.

C/Soden

Ceilia Hecht, Water & Sewer Clerk will be on Jury Duty for five days the week of February 20th.
Jim Mastrokalos took a vacation week and called Rick Guffanti to come in and do some work for him.

C/Carr

Spoke with Helen Burke and Joyce Stipple on how to recognize Freeholder Narozanick and came up with a plaque to put inside building if Council approves.

Consensus taken unanimously approved.

Will we discuss job description I requested at last meeting in Executive Session?

Mayor Reynolds responds yes.

Will Main Street be repaired by the time the gas company is finished?

Mayor Reynolds responds we have retainage on this job.

Spoke with Donna Drewes she would like to attend our next meeting.

C/Simon

Nothing at this time.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

· Received letter December 27^th from the Samaritan Center advising Mayor and Council that they will be relocating to Tennant Road, in back of the Manalapan Senior Center on December 31^st. They would like to thank the Mayor, Council and staff. They were very proud to be a resident of Englishtown for the past 20 years and will continue to serve the community.

· Educational Brochures for Classes and Courses for Council Members and Mayor will be in the Clerks Office.

· Would like Council consensus on printing letterhead in office or professionally.

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

Old Business

BOROUGH OF ENGLISHTOWN Public Hearing & Adoption

ORDINANCE NO. 2006-26

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

WHEREAS, the governing body also determines that certain corrections are needed in the language of the Code with respect to general billings for water service:

WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need to an unnecessary bureaucratic transfer of funds from one public entity to another with respect to fire hydrant usage with no impact on the taxpayers except the cost of bookkeeping:

Now therefore be it ordained by the Borough Council of the Borough of Englishtown that Chapter 2.126, entitled “Water” of the Code of the Borough of Englishtown is hereby amended as follows:

§2.126.11E. entitled “Billings” is amended so that subsection (1) is to read:

(1) Billings for water service or water used will be rendered quarterly on or before the 15^th day of the month following the quarter for which the charges are made and shall be due and payable on the date of rendition thereof. Such quarterly billings will be on or before the 15^th of January, April, July and October.

§2.126.13 entitled “Use in fire protection” of the Code of the Borough of Englishtown is hereby amended by deleting §2.126.13.B.(4) which had required the Englishtown Fire District No. 1 to pay to the Water Department the sum of fifty dollars a year for the rental of each hydrant located within the Borough.

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.

Public Hearing

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

There being no questions or comments, a motion to close the public hearing was

offered by C/Soden and seconded by C/Robilotti. Passed unanimously.

Adoption

A motion to adopt Ordinance No.2006-26, above titled, was offered by C/Soden and

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

Offered by: C/Soden

Seconded by: C/Robilotti

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

Nays: None

Abstain: None

Absent: None

New Business

BOROUGH OF ENGLISHTOWN First Reading and Introduction

ORDINANCE NO. 2007-01

AN ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION IN ACCORDANCE WITH N.J.S.A. 40A:4-53 FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY FOR THE USE OF THE LOCAL ASSESSOR

WHEREAS, it has been found necessary to make an Emergency Appropriation to meet certain extraordinary expenses incurred for the preparation and execution of a complete program of revaluation of real property for the use of the local assessor; and

WHEREAS, N.J.S.A. 40A:4-53 provides that it shall be lawful to make such appropriation, which appropriation shall be provided for in this year’s and succeeding annual budgets by the inclusion of an appropriation of at least one-fifth of the amount authorized pursuant to this act.

NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-55:

An emergency appropriation be and the same is hereby made for Revaluation Program in the total amount of $70,000.00.

That said emergency appropriation shall be provided for by the inclusion of not less than $14,000.00 in this year’s budget and the next succeeding annual budgets.

NOW THEREFORE BE IT FURTHER ORDAINED, this Ordinance shall take effect immediately upon its passage and publication according to law.

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

C/Simon

Alert public that the court sanctioned this ordinance.

Mayor Reynolds

Revaluation is done every 10-11 years. The court sanctioned this ordinance.

Christine Robbins, Deputy Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2007-01 is scheduled for the January 24, 2007 Council Meeting, 7:30 p.m. at Borough Hall.

Borough of Englishtown

Resolution No. 2007-032

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:

Police Department

Data Line - $4,704.00

Purchased From:

Monmouth County Treasurer

Jeffrey W. Sauter, Business Administrator

c/o Monmouth County Sheriff’s Office

P.O. Box 5007

Freehold, N.J. 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/Robilotti

Seconded By: C/Carr

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

Nays: None

Abstain: None

Absent: None

Borough of Englishtown

Resolution No. 2007-033

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:

Police Department

Software Support & License - $1,725.00

Purchased From:

Information Management Corp.

13 Centennial Drive

North Grafton, MA 01536-7860

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/Carr

Seconded By: C/Robilotti

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

Nays: None

Abstain: None

Absent: None

Borough of Englishtown

Resolution No. 2007-034

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:

2007 Computer Software Maintenance

$8,855.00

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/Robilotti

Seconded By: C/Simon

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

Nays: None

Abstain: None

Absent: None

Borough of Englishtown

Resolution No. 2007-035

Authorizing Change Fund for

Municipal Clerk’s Office

Whereas, there are fees collected in the Municipal Clerk’s Office; and

Whereas, there is a need for a change fund in the Municipal Clerk’s Office so change can be made available for the customers.

Now Therefore Be It Resolved, by the Mayor and Council of the Borough of Englishtown that a change fund be established for the Municipal Clerk’s Office in the amount of $75.00.

Be It Further Resolved, that certified copies of this resolution be forwarded to the Borough Finance Dept., the Acting Municipal Clerk and the Borough Auditor.

Offered By: C/Soden

Seconded By: C/Robilotti

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

Nays: None

Abstain: None

Absent: None

Borough of Englishtown

Resolution No. 2007-036

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 $278,229.71

are hereby authorized to be paid on January 10, 2007.

2. 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

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

Nays: None

Abstain: None

Absent: None

Tax Collectors Report Month of December, 2006

Taxes, 2007 $5,666.61

Taxes, 2006 $136,215.06

Taxes, 2005 $208.21

Interest on Taxes $3,906.79

Total $145,996.67

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, 1A Victory Drive

A letter was sent to the County regarding speed limit being reduced on Wilson Avenue from 40 to 25, have we heard anything yet?

C/Soden responds that he has not heard anything yet. He will check on it and get back to Mrs. Heath.

When will light go up by Quick Check?

Mayor Reynolds responds it is up to the County and asks Harry Soden to check on status of light when he checks on speed limit.

Star Ledger analysis article on town-by-town property tax changes in New Jersey states Englishtown’s rate went up 75% from 2000-2006. What is causing Englishtown’s taxes to jump so much compared to Manalapan? What can we do to reduce it?

Discussion continued between Stuart Moskovitz, Borough Attorney, Mayor Reynolds, Council Members, and Mrs. Heath on tax rate formula and tax rate increases.

Wayne Krawitz, La Satta Avenue

Status of proposed construction on LaSatta Avenue by ELON Associates?

Mayor Reynolds states once Knights of Columbus is settled things will start moving faster.

Will roads torn by Gas Company be repaved?

Mayor Reynolds stated that they would be repaved the way they were at no expense to Borough.

C/Soden

Agreement states they will put it back the same way they found it. They will not pave the whole road. Where concrete sidewalk was pulled out they will replace.

C/Carr

Mrs. Lewis one of our residents received a letter from an attorney stating that if she didn’t sell her property to the contractor the County will take it by eminent domain.

Mayor Reynolds states we will look into it.

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.

Mayor Reynolds requests five-minute recess at 8:25 P.M.

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, pending and 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/Soden

Seconded By: C/Simon

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

Nays: None

Absent: None

Abstain: None

The time being 8:35 P.M.

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

The time being 9:46 P.M.

Adjournment

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

The time being 9:47 P.M.

________________________ ________________________

Approved by Governing Body Clerk