** AGENDA **

July 23, 2008

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 – June 11, 2008

5.        Committee Reports           

6.         Correspondence

7.                  Discussion Item: 2008 Municipal Budget

   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.        Old Business

            A.        Ordinance No. 2008-06 -  Public Hearing & Adoption

            Establishing Limits for Employee Salaries

   10.   New Business

A.        Ordinance No.2008-07 – First Reading & Introduction

                        Amending Chapter 2.106 Entitled “Sewer”

B.        Ordinance No. 2008-08 – First Reading & Introduction

                        Amending Chapter 2.126 Entitled “Water”

C.        Resolution No. 2008-140

Resolution to Reject Low Bid for Improvements to Dey Street and Award Contract to Second Bidder

D.        Resolution No. 2008-141

Authorization of Services Over $800                       

Water Dept. – Maintenance of Water Equipment

E.         Resolution No. 2008-142

                        Authorization of Purchases Over $800

                        Police Dept. – 2006 Ford Crown Victoria 3-Year Lease

            F.         Resolution No. 2008-143

                        Urging N.J. Congressional Representatives to Ensure Appropriate Federal Regulatory Oversight of Electric Rates

            G.        Resolution No. 2008-144

                        Authorizing Approval of Department Requisitions

            H.        Resolution No. 2008-145

                        Authorizing Payment of Borough Bills

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/Soden, C/Simon, C/Robilotti, C/Leonardis

                  Absent:            *C/Carr, *C/Cooke

Also present were Peter Gorbatuk, Acting 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.

*At this time C/Cooke arrives.

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of June 11, 2008 was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

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

                      Nayes:       None

                     Absent:      C/Carr

                    Abstain:       None

Committee Reports

Administration, Finance & Personnel

Councilwoman Leonardis reports:

• Peter Gorbatuk, Acting Municipal Clerk will be on vacation from July 28^th – August 1^st.

·        Jeanie Keevins, Finance Clerk is requesting off December 26^th.

·        We have some unresolved questions regarding Personnel Policy and would like to know if wording in Ordinance can be changed?

Stuart Moskovitz, Borough Attorney

·        State law requires compensation be in an Ordinance.  An Ordinance can be changed.

Mayor Reynolds states we have had several different discussions whether to leave the Ordinance alone and change the Personnel Policy or change Ordinance and leave policy alone.  We need to discuss this further in Executive Session.

C/Leonardis

·        We need to conclude our decision on whether or not we are going to switch banks. Laurie Finger, Borough Administrator has new information that she would like to briefly discuss.

Laurie Finger, Borough Administrator

·        Anticipating the interest in current fund, Commerce Bank is offering a lower interest rate than Sovereign is giving us currently.  Water and sewer funds are going to take a big hit if I move to Commerce rather than stay with Sovereign.  The result is I would loose $2,000.00 in current interest staying with Sovereign and would make $2,000.00 going with Commerce in current interest. However, water and sewer would loose approximately $5,000.00.  I feel at this time the move to Commerce is not advantageous. I would like to explore it again in six months.

C/Leonardis

·        Municipal Housing Liaison position needs to be filled.

Mayor Reynolds states for the public’s knowledge the administration aspect will be done internally but the technical aspect will have to be done by a professional firm, which we will need to interview for.

Laurie Finger, Borough Administrator

·        We need to appoint an employee as a Municipal House Liaison.

Mayor Reynolds asks Laurie Finger, Borough Administrator what her recommendation is?

Laurie Finger, Borough Administrator recommends Celia Hecht the Planning Board Secretary.

Mayor Reynolds states appointment of Municipal Housing Liaison needs to be discussed further in Executive Session.

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke has nothing to report at this time.

Public Safety

 Councilwoman Robilotti reports:

• On July 15^th I attended the Shared Service Summit in Marlboro given by Mayor Hornick, which was extremely informative.  They are trying to establish better communications between towns. We discussed how neighboring towns with large equipment can be shared with other towns rather than have those towns rent equipment. There will be another meeting August 18^th at 7:30 P.M. and would like another Council member to attend with me.

 Mayor Reynolds states he will check his calendar.

• On July 16^th I attended the VNA Board meeting.
• On July 18^th I attended the Crime Prevention Breakfast meeting at Brookdale. Monmouth County Prosecutors, Monmouth County Department of Human Services, Monmouth County Sheriffs and also the Board of Chosen Freeholders were in attendance. They are trying to set up different crime prevention programs.  I received a lot of information and booklets that I will pass onto Chief Niziolek.
• Police Activity Report from July 7^th thru July 20^th total calls were 418, total motor vehicle stops 133.  Overtime for arrest, investigations and DUI was 1.5 hours, coverage due to illness, vacation and personal days was 23.5 hours, court was 13 hours, training 16.5 hours. 
• I personally want to thank our Police Department, EMT’S and paramedics for showing up immediately when I called 911 yesterday for my husband.

Public Utilities

Councilman Soden has nothing to report at this time.

Public Buildings & Grounds

Councilwoman Carr was not in attendance; nothing was reported.

Legislative, Insurance & Licenses

Councilman Simon has nothing to report at this time.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        It has been brought to my attention that in the past permit fees were waived for First Aid and Fire Volunteers.  The State DCA does not honor that perk. If Council has any suggestions or ideas for some type of perk for our volunteers please let me know.

·        Received correspondence from Board of Chosen Freeholders regarding updating their programs to encourage economic development throughout Monmouth County and is requesting either a town economic development committee, commission or contact person.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to copy correspondence to C/Carr.

• Received correspondence from the Visiting Nurse Association of Central Jersey asking to announce The Hearts of Remembrance Children’s Day A Celebration of Life will be held on August 9^th rain or shine from 10:00 A.M. – 2:00 P.M. at Two Alan Crest Road, Rumson.
• On August 9^th from 10:00 A.M. – 4:00 A.M. the Englishtown/Manalapan First Aid Squad will be having a benefit car wash at the American Legion Hall on Sanford Street.
• Received correspondence from Freehold Regional High School District informing us of an active movement in Trenton to consolidate local schools throughout New Jersey.  They are looking to take a proactive stand and provide information and guidance to the residence of our community and would like to invite Mayor Reynolds and Council to attend a meeting on Tuesday, August 12^th at 10:00AM at the Board of Education Administration Building, 11 Pine Street, Englishtown. If anyone would like to attend please let me know by August 7^th.
• Received correspondence from Joel Mills, Program Manager of The American Institute of Architects.  SDAT team’s final report for the Borough will be ready in two to four weeks. 
• In front of you is a copy of an Inter-Office Memo from Laurie Finger, Borough Administrator regarding employee parking.  Mr. Joe Passiment of the Manalapan/Englishtown Regional School informed us that we could use their parking lot for employee parking, and also Mr. Perry Rosenblum from the Antique Store would be more than happy to help the Borough with parking.  He asks that the Borough let him know how many spaces are needed to be reserved.
• In front of you is a copy of correspondence received from the Board of Chosen Freeholders regarding Monmouth County 2008 Resurfacing Program. We are invited to have a representative attend Preconstruction Conference that will be held at the office of the County Engineer located on the 3^rd floor of the Hall of Records Annex, Main Street, Freehold on Tuesday July 29^th at 10:00 A.M. We are invited to have a representative attend. A copy of correspondence has been sent to the Chief of Police, Borough Engineer, Public Works Department and Water Department.
• We have had several complaints regarding geese crossing the road by Agway.  The cost of a Geese Crossing metal sign would be $80.00-$90.00, plastic $7.00. I will look further into it for the next Council Meeting.

Stuart Moskovitz, Borough Attorney

• The Borough received correspondence from New Jersey Natural Gas asking if we would like to receive notification of disconnected residential customers in our Municipality?

Mayor Reynolds and council agreed to continue to be notified by New Jersey Natural Gas.

Discussion Item – 2008 Municipal Budget

Mayor Reynolds states at the last Council Meeting we discussed the 2-cent increase after receiving additional funding from the State.  Due to the decline in interest rates the additional funding received by the State had to be given to the Board of Education, which brought us to 1-cent.  We anticipate the interest back in the December/January budget.  Laurie Finger, Borough Administrator needs to reduce the budget in the revenue side by $25,000, which is 1-cent.  We need to discuss whether we want to be at 2-cent or 1-cent. We have three options:

1. Leave it at 1-cent and find $25,000.00 of reductions in the budget.
2. Look at bringing in additional surpluses if we have them.
3. Look at expenditures and staff.

Laurie Finger, Borough Administrator

·        We did receive correspondence from the State informing us that we need to present budget by August 13th.

C/Simon asks Laurie Finger, Borough Administrator where she feels most comfortable?

Laurie Finger, Borough Administrator responds at the 2-cent.

Mayor Reynolds and Council agree to 2-Cent increase in budget.

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

Old Business

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2008-06

ORDINANCE ESTABLISHING LIMITS FOR SALARIES OF THE

EMPLOYEES OF THE BOROUGH OF ENGLISHTOWN,

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

            BE IT ORDAINED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

Ordinance Numbers 2002-03, 2002-14 and 2003-02 are hereby amended and supplemented:

            Section I:  The annual salary range is established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.

                                                                                           SALARIES                

            POSITION                                                        Minimum                       Maximum

            Chief of Police                                                      $65,000.00                  $95,000.00

            Section II:  In addition, the Chief of Police shall receive benefits received by other

Police Officers in the Borough, except for benefits which are inconsistent with the Chief’s

position as a managerial executive.           

            Section III:  Salaries shall be set forth by Resolution of Mayor and Council within

the aforementioned salary guidelines.

            Section IV:  Payment of salaries shall be in equal bi-weekly, semi-monthly, monthly,

quarterly or other installments as the Mayor and Council may from time to time resolve.

            Section V:  All ordinances or parts of ordinances inconsistent with this ordinance

are hereby repealed.

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

Adoption

A motion to adopt Ordinance No.2008-06, above titled, was offered by C/Robilotti and

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

Offered by:                   C/Robilotti

Seconded by:               C/Simon

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

Nays:   None

                    Abstain:    C/Soden, C/Leonardis             

         Absent:    C/Carr

New Business

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2008-07

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.106 (SEWERS) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.106 be amended and supplemented as follows:

1.   Article I – Installation and Use, Section 2.106.2 (Connection of Future Structures), Subsection B of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

B. The owner of every residential house, building and/or structure hereafter constructed, modified or improved in the Borough of Englishtown, which may be occupied or used by human beings, shall, if connection with the sewer system of the Borough of Englishtown is made on or after August 13 2008, be charged a connection fee of $927.00 (nine hundred twenty-seven) dollars.

2.      All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

3.      This ordinance shall take effect upon final adoption and publication pursuant to law.

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

First Reading and Introduction on Ordinance No. 2008-07 was passed on the following roll call:

Offered by:                   C/Simon                     

Seconded by:               C/Robilotti

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

                Nays:             None   

                Abstain:         None

                Absent:          C/Carr

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2008-07 is scheduled for the August 13, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2008-08

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 2.126 (WATER) OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”

            BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey, that the following section of Chapter 2.126 be amended and supplemented as follows:

1.  Section 2.126.07 (Installation fees), Subsection A of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented to read as follows:

A.     Taps.

(1)   For all taps on installations from the main to the curb stop made by   the Water Department, the owner shall be charged the following amounts, to be paid to the Water Department at the time of the issuance of the permit: 

     $2,816.00 (two thousand, eight hundred and sixteen dollars) per 

      E.D.U.

2. Any Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.

3.      This Ordinance shall take effect following final adoption and publication pursuant

thereto.

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

First Reading and Introduction on Ordinance No. 2008-08 was passed on the following roll call:

Offered by:                   C/Simon                     

Seconded by:               C/Robilotti

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

                 Nays:           None   

                Abstain:         None

                Absent:          C/Carr

Peter Gorbatuk, Acting Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2008-08 is scheduled for the August 13, 2008 Council Meeting, 7:30 p.m. at Borough Hall.

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008- 140

Resolution to reject low bid for improvements to Dey Street

and to award contract to second bidder

            WHEREAS, the Borough duly advertised a bid letting for Improvements to Dey Street and received bids in accordance with that advertisement; and

            WHEREAS, the bid submitted by the low bidder is seriously unbalanced in violation of the bid document specification; and

            WHEREAS, the Section IB.12.2 of the bid document specifications states that “proposals which are obviously unbalanced may be rejected at the option of the Owner;” and

            WHEREAS, an analysis of the bids shows that if the optional items that were seriously underbid by the “low bidder” were removed from the bid, or if the low bidder had provided a legitimate bid for those items, the second bidder’s bid would be significantly below that of the apparent low bidder:

            NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Borough will reject the bid of the apparent low bidder, and award the contract for the Improvements to Dey Street to S. Batata Construction, Inc., in accordance with their bid. Execution of said contract is subject to review and approval by the Borough Engineer and the Borough Attorney, is subject to the certification of availability of funds from the Borough’s Chief Financial Officer, and is subject to compliance by the contractor with all post-award requirements of the bid specifications.

Offered By:                C/Robilotti

Seconded By              C/Simon

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-141

AUTHORIZATION OF 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 Dept. – Maintenance of Water Equipment - $1,182.34

Purchased From:

LOC Pump & Equipment

P.O. Box 2225

Hackensack, N.J.  07606

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-142

AUTHORIZATION OF PURCHASES 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 Dept. – 2006 Ford Crown Victoria 3 Year Lease Payment - $7,082.86

Purchased From:

Ford Motor Credit Dept.

P.O. Box 1739

MD 7500

Dearborn, MI  48121-1739

            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/Robilotti, C/Cooke, C/Leonardis

                 Nays:            None

             Abstain:            None

              Absent:           C/Carr

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-143

URGING NEW JERSEY’S CONGRESSIONAL REPRESENTATIVES

TO ENSURE APPROPRIATE FEDERAL REGULATORY

OVERSIGHT OF ELECTRIC RATES

            WHEREAS, electricity is an essential public service necessary for economic productivity and growth, and to improve the quality of life for all citizens; and

            WHEREAS, electricity rates throughout New Jersey – including those charged against the Borough of Englishtown – have risen dramatically and are forecasted to continue to rise; and

            WHEREAS, local officials have seen the impact of skyrocketing electricity costs on local budgets, services and tax rates; and

            WHEREAS, these price increases are attributable to a number of factors including increased costs for materials, labor, and fuel, but a significant additional factor driving up retail electricity rates is the high prices utilities must pay for the power they purchase at wholesale; and

            WHEREAS, the wholesale electricity market in our area is operated by PJM Interconnection, L.L.C., a regional transmission organization (RTO), which is not subject to any authority of the State, but rather is overseen by the Federal Energy Regulatory Commission (FERC) in Washington, D.C.; and

            WHEREAS, when FERC approved the creation of this RTO-run market it also “deregulated” electricity prices, allowing sellers to charge whatever the market would bear, under the theory that there would be effective competition to protect consumers from excessive prices as well as spur needed investments in new power plants and transmission lines; and

            WHEREAS, there is no effective competition in this market and the results have been the opposite, with wholesale prices for electricity rising significantly and at a higher rate than in regions not served by an RTO, and with new power plant and transmission investments lagging behind the projected need; and

            WHEREAS, these trends in the electricity industry come at a time of increasing general economic anxiety in New Jersey and throughout the United States; and

            NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Englishtown call upon the United States Congress to take all necessary steps to ensure that the FERC protects electricity consumers and the economy by assuring that wholesale power prices in all RTO-run regions are “just and reasonable” as required under law.

            BE IT FURTHER RESOLVED. that a certified copy of this resolution be forwarded to Senators Lautenberg and Menendez, Congressman Rush Holt, Governor Corzine and the New Jersey State League of Municipalities.

Offered By:                   C/Robilotti

Seconded By                C/Simon

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-144

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 $10,244.92

are hereby authorized to be processed into purchase orders on July 23, 2008.

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 requisitions hereby authorized to be processed into purchase orders.

Offered By:                  C/Simon

Seconded By               C/Robilotti

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-145

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 $344,664.50

                   are hereby authorized to be paid on July 23, 2008.

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/Robilotti

Seconded By                C/Simon

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Carr

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.

Rabbi Disnowski

·  Lease agreement ends August 31^st and would like a 99 year lease.

Mayor Reynolds asks that Rabbi Disnowski give documents to Stuart Moskovitz, Borough Attorney to review for the August 13^th Council Meeting.

Brian Brach

·  Came before Council at last meeting regarding Opening Street to get to gas line at 24 Hamilton Street.  Received information from Gas Company that every town they service has a blanket $5,000.00 bond for spot repairs and in process of retaining a copy of that.

Stuart Moskovitz, Borough Attorney

·  Feels $5,000 will not cover cost of road opening and repair.

C/Soden

·  Concerned that if a problem arises in 2-3 years we will have a hard time getting the road repaired.

Mayor Reynolds asks what is the time frame that allows them to come back.

Stuart Moskovitz, Borough Attorney

·  The bond itself does not have a time frame period.  When you make an agreement there should be a maintenance guarantee in the contract of a certain period of time.  That usually is 2 years.

Mayor Reynolds asks Brian Brach if he can call the gas company and see if they can give an extension. 

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; 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/Robilotti

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

                   Nays:          None

                Absent:          C/Carr

               Abstain:           None

The time being 8:22 P.M.

*C/Carr arrives at 8:44 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 10:18 P.M.

At this time Mayor Reynolds asks for motion to accept with regret resignation of

C/Soden as Council President.

A motion to accept C/Soden’s resignation as Council President with regret was offered by C/Simon and seconded by C/Robilotti.

Roll Call:   Ayes:            C/Simon,

                   Nays:          C/Carr, C/Robilotti, C/Cooke, C/Leonardis,

                Absent:          None

               Abstain:           None

//////////MOTION DENIED////////////

At this time discussion regarding banking institutions and current interest earned took place between Mayor Reynolds, Council and Laurie Finger, Borough Administrator.

Mayor Reynolds asks Council for nomination for Council President. 

Nobody nominated, nobody volunteered for Council President.

Adjournment

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

The time being 10:56 P.M.

____September 10, 2008____                                          ________________________

Approved by Governing Body                                            Acting Municipal Clerk