** AGENDA **

September 10, 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. Meeting Workshop

5. Approval of Minutes – July 23, 2008

6. Committee Reports

7. Correspondence

8. Borough Engineer’s Monthly Report – September 2008

9. Public Hearing – 2008 Municipal Budget

10. Public Hearing – Release of Performance Bond – Baker Residential

11. 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.

12 . New Business

A. Resolution No. 2008-158

Adoption of 2008 Municipal Budget

B. Resolution No. 2008-159

Re-appointment of Acting Municipal Clerk/Municipal Registrar

C. Resolution No. 2008-160

Authorization of Services Over $800

Water Dept – Testing & Repair of 4” Sparling

D. Resolution No. 2008-161

Authorization of Services Over $800

2007 LOSAP Obligation for First Aid Members

E. Resolution No. 2008-162

Authorization of Services Over $800

R. Kirkland – Reimbursement for Fire Expo Conference

F. Resolution No. 2008-163

Authorizing Mayor to Sign Sanitary Sewer Approval–Elon Assoc

G. Resolution No. 2008-164

Authorizing Release of Performance Bond – Baker Residential

H. Resolution No. 2008-165

Authorizing Refund of Vendor Fees to Fall Festival Vendors

I. Resolution No. 2008-166

Authorizing Approval of Department Requisitions

J. Resolution No. 2008-167

Authorizing Payment of Borough Bills

K. Resolution No. 2008-168

Authorizing Execution of a Contract for Improvements to Dey St.

13. Tax Collector’s Report – July 2008

14. 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.

15. Executive Session

16. 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, 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.

MEETING WORKSHOP

Mayor Reynolds began Meeting Workshop by addressing all open items brought before Council that have not yet been resolved. They are as follows:

Parking Survey

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk if we received correspondence regarding parking for Borough business employees?

Peter Gorbatuk, Acting Municipal Clerk

Received correspondence and forwarded it to Stuart Moskovitz, Borough Attorney.

Stuart Moskovitz, Borough Attorney

We need to see if Manalapan/Englishtown Board of Education is willing to make some minor changes in their agreement.

Peter Gorbatuk, Acting Municipal Clerk will follow up on it.

Stuart Moskovitz, Borough Attorney

Englishtown Antiques needs to be made aware that parking is for Borough business employees and not municipal employees.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to send a letter advising them that parking is for Borough business employees.

Mayor Reynolds states C/Soden received a letter from an Englishtown resident that he would like to discuss with Council.

C/Soden

Received a letter from Mr. Charles Simcox stating he does not want his property located in Englishtown that is approximately 17 feet wide and about 200 feet back. He is letting property go into default.

Laurie Finger, Borough Administrator

If this property goes into default it will become a Municipal Lien.

Discussion regarding property continues between Mayor, Council and Stuart Moskovitz, Borough Attorney.

Stuart Moskovitz, Borough Attorney

This is a useless piece of land and is not saleable.

Council consensus is to let property go into default rather then to acquire property because it is not cost effective.

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of July 23, 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: None

Abstain: C/Carr

Committee Reports

Administration, Finance & Personnel

Councilwoman Leonardis reports:

· After reviewing information that C/Robilotti brought back from Shared Services Meeting, Laurie Finger, Borough Administrator concluded that we do not need to register for use of County contacts. There is another Shared Service meeting on September 22^nd in Manalapan at 6:30pm.

· Laurie Finger, Borough Administrator will be receiving Code Enforcement reports and they will be available in our Administration Office.

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

Patriots Day Service September 11^th will be at 7:00 P.M.

Public Safety

Councilwoman Robilotti reports:

Police Activity Report from August 24^th thru September 3^rd total calls were 350. Overtime for arrest, investigation, DUI were 19.5 hours, court 15.5 hours.
Copy of letter from Mayor Hornick was sent to Mayor and Council regarding Joint Summit. Would everyone please read through it for discussion at next regular Council Meeting.

Public Utilities

Councilman Soden reports:

Would like to hold onto two Water & Sewer requisitions totaling $1506.62 until Jim Mastrokalos, Superintendent looks them over.

Public Buildings & Grounds

Councilwoman Carr reports:

Met with Donna Drews from the Municipal Land Use Center; she is prepared to do a presentation at the next regular Council Meeting. I have already notified Peter Gorbatuk, Acting Municipal Clerk to have presentation placed on Agenda.
Housing meeting was last night; a representative from our Borough Engineer’s Office and Rudy Rucker were in attendance. Under the rules of COAH Formulation as they exist today we have only two units of obligation left to commit to for the next 10 years.
Water pipe problem at Brandy Wine Nursing Home is being addressed.

C/Leonardis

Would like to know what progress has been made with yellow curb painting?

C/Carr

Mr. Medura at the Sheriffs Department was contacted regarding the prison release program and the week that is available for community service workers is the first week of December.

Mayor Reynolds states intersections and curbs by the hydrants need to be marked. Residents will be notified and we will also consider adopting an Ordinance to bypass law so residence can obtain a permit, which will allow them to park in front of their driveway if they choose too.

Legislative, Insurance & Licenses

Councilman Simon has nothing to report at this time.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

An email was received from COAH regarding CTM training. Our Municipal Housing Liaison, RCA Administrator or a Secondary Designee must attend this training in order to remain in compliance with COAH Rules. We will need to appoint someone so he or she can attend one of these classes scheduled for September or October.

Laurie Finger, Borough Administrator

I recommended Celia Hecht who is the Planning Board Secretary; she is willing to accept the position with me as a secondary backup. She is full time and will be available for the public. She knows what developments will be coming into town that would be affected by low and moderate-income housing.

Mayor Reynolds asks if we can put this on the Agenda this evening or do we have to wait till the next regular Council Meeting?

Laurie Finger, Borough Administrator

The next training class is scheduled for this Monday, September 15^th and the next scheduled class is on a Jewish Holiday, which we will not be able to attend. We may have to wait for the next regular Council Meeting.

Discussion between Mayor and Council continues.

Mayor Reynolds states we will appoint Celia Hecht in a Resolution this evening and see if she is able to attend training class on September 15^th.

Peter Gorbatuk, Acting Municipal Clerk

We received a citizen complaint regarding wild roosters and chickens. I have notified Mary Klink, Animal Control and she has been trying to catch them. We contacted the A.S.P.C.A. The Popcorn Zoo is willing to take them if they are brought to them caged.

Harvey Kline, 75 English Club Drive

Mr. Kline states that the roosters and chickens are crowing at 3:00 A.M. every morning since April and has filed the complaint with township.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to check if there is a cost associated with removal of roosters and chickens with Mary Klink, Animal Control and check Ordinance on farm animals.

Borough Engineer’s Monthly Report – September 2008

COAH

A Committee to work with the Borough’s Planners to complete the Housing Element & Affordable Housing Plan to satisfy COAH’s Round 3 has been appointed. Meetings have been held; a draft plan has been distributed. Additional work, as per COAH needs to be completed to finalize the plan.

Plan endorsement and Center Designation

Borough has met with the State Office of Smart Growth (OSG), and other State Agencies on Tuesday, March 4, 2008 regarding Plan Endorsement and Center Designation. OSG recommended that the Borough proceed with the process by completing a Self-Assessment Report. Upon completion of a Self-Assessment, OSG will renew the Borough’s center designation for a year. In addition, OSG suggested that the Borough perform a Master Plan Re-Examination, as well as, update Circulation Plan.

DOT

Hamilton Street/Irving Place Project is complete and is being closed out.
Dey Street - Mayor Reynolds and Council have passed a resolution authorizing Tom Herits, Borough Engineer to prepare plans and specification, and advertise for bids. DOT approved bids were received July 2, 2008. Project has been awarded to S Batata, South River, NJ and is scheduled to commence after contracts are endorsed by the Borough.

Void Grouting – Main Street

· Project is complete, inspected and approved by the County and is being closed out.

Conrail

· The Borough Engineer reviewed the exposed drainage pipe, and sinkhole, located on the east side of South Main Street at the RR crossing with Bernie Mailey, of Conrail. It is Conrail’s position that when the Borough extended the existing pipe as part of the South Main Street improvements, the Borough became responsible for the maintenance of the said pipe. The Borough Engineer will review this matter with the Public Works. In addition, the Borough Engineer reviewed this with the Manalapan Engineer to be possibly included with the Highbridge Road/Iron Ore Road project.

DOT Applications FY2009

· Applications were submitted June 2008 for improvements for Victory Drive and Center Street; pedestrian crosswalk lighting systems for Main Street; and, continue the curb and sidewalk on Park Avenue, Conover Street, Station Street, and South Main Street (Pedestrian Safety).

This year’s applications were submitted on-line through the DCA’s SAGE system.

Monmouth County

· The Borough Engineer reviewed the drainage impacts on Victory Drive, from Tennent Avenue, with the County Engineer. It appears that the County may be willing to make a contribution to drainage improvements on Victory Drive, and will make a commitment upon reviewing the scope of work and the Borough’s receipt of grants and other sources of funding.

The Borough reviewed the proposed Highbridge Road/Iron Ore Road and Park Avenue/Conover Road Improvements; and, the Manalapan/Englishtown road swap with the Manalapan Mayor and Engineer. The Borough has decided not to enter into an agreement with the County and Manalapan.

The Borough responded to the Monmouth County Planning Board regarding the Route 9/Western Monmouth Development Plan.

There was a meeting with the County Engineer on August 6^th regarding the status of the MN-30 bridge reconstruction. It appears that construction will commence in November.

We met with the County Engineer regarding the vacation of Lasatta Avenue and the construction of MN-30. The County requires a construction easement for the term of the bridge construction, and will coordinate with the Borough and K of C.

CDBG

CDBG is soliciting applications for projects for the next program year. The Borough itself is ineligible due to the recent census data. However, the Borough could apply for funds for projects related to ADA access to municipally owned property, ADA playground equipment, etc.

Monitoring Wells @ Landfill

Yearly sampling and analysis has been completed. We have completed reports and paperwork, and forwarded all to the DEP.

Shuttle Bus

The Engineer spoke to the Monroe Township Administrator’s Office, and Monroe is not interested in sharing their shuttle bus service at this time.

Development Projects

a. Oxford Crossing – Minor punch list items remain to be addressed; information regarding the public hearing required for the performance bond release was forwarded to the developer. We have been in touch with the Association’s engineer regarding coordination re: their punch list. The developer is scheduled to appear at the September 10, 2008 Council meeting regarding release of their performance bond.

b. Quick Chek – Minor punch list items remain to be addressed, a public hearing will be required for the performance bond release. The adjacent property owner has submitted a report regarding the conditions of home as a result of the Quick Chek construction.

c. Village Center – On-going.

d. Elon – Status should be reviewed with the Borough Attorney.

e. Knights of Columbus – Submitted application to the Joint Planning /Zoning Board for a new building. The Joint Board will require the vacation of Lasatta Avenue before hearing the application.

f. Ahl’e Baith - Submitted application to the Joint Planning /Zoning Board for a new building on the old Chomko property.

g. Reagor – Subdivision on Lasatta Avenue, just west of the English Club, appeared before the Joint Board. The Board suggested that the developer reduce the number of proposed lots.

Public Hearing – 2008 Municipal Budget

Mayor Reynolds requests a motion to open the Public Hearing on the 2008 Municipal Budget.

A motion to open Public Hearing was offered by C/Simon and seconded by C/Robilotti. Passed Unanimously.

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

Public Hearing – Release of Performance Bond – Baker Residential

Mayor Reynolds states he was informed this evening that Baker Residential did not contact the owners of the properties on Oxford Crossing, therefore there will be no discussion this evening and Resolution No. 2008-164 shall be removed from the agenda.

Laurie Finger, Borough Administrator

· The assessor informed me today that Baker Residential never requested a certified list to send to the property owners, which they need to do.

Mayor Reynolds asks Peter Gorbatuk, Acting Municipal Clerk to contact Baker Residential to inform them that they need to request a certified list.

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/Robilotti. Passed unanimously.

New Business

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-158

ADOPTION OF 2008 MUNICIPAL BUDGET

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $851,161.27 to be raised for municipal purposes.

Summary of Revenues

General Revenues

Surplus Anticipated $ 525,000.00

Miscellaneous Revenues Anticipated 554,234.30

Receipts From Delinquent Taxes 45,500.00

Amount To Be Raised By Taxation

For Municipal Purposes 851,161.27

Total Revenues $1,975,895.57

Summary Of Appropriations

General Appropriations:

Within “Caps”

Operations Including Contingent $1,465,544.00

Deferred Charges & Statutory

Expenditures - Municipal 32,000.00

Excluded From “Caps”

Operations - Total Operations Excluded

From “Caps” $ 193,351.57

Capital Improvements 23,000.00

Municipal Debt Service 53,000.00

Deferred Charges - Municipal Clerk 24,000.00

Reserve For Uncollected Taxes 185,000.00

Total Appropriations $1,975,895.57

Offered By: C/Carr

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

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-159

RE-APPOINMENT OF ACTING MUNICIPAL CLERK/

CERTIFIED MUNICIPAL REGISTRAR

WHEREAS, Peter Gorbatuk of Manville, N.J. currently holds the position of Acting Municipal Clerk/Certified Municipal Registrar for the Borough of Englishtown; and

WHEREAS, the term of this appointment expires on September 23, 2008; and

WHEREAS, it is the recommendation of the Administration, Finance and Personnel Committee to re-appoint Peter Gorbatuk of Manville, New Jersey.

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

1. That Peter Gorbatuk is hereby re-appointed as Acting Municipal

Clerk/Certified Municipal Registrar for the Borough of Englishtown, effective September 24, 2008 expiring September 23, 2009.

2. That said position shall be full-time, thirty-five (35) hours per week, Monday – Friday 8:00 a.m. – 4:00 p.m., paid at $43,260.00 annually, payable bi-weekly per the salary ordinance.

3. That the within appointment shall be contingent upon Peter Gorbatuk

undertaking the state examination for Registered Municipal Clerk and successfully passing said exam prior to September 23, 2009.

4. That the said individual shall receive additional compensation of $2000.00 to his salary after successfully obtaining the Municipal Clerk Certification.

BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Borough Auditor and Peter Gorbatuk.

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

Absent: None

Abstain: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-160

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. – Repair & Testing of 4” Sparling - $1,164.80

Purchased From:

Allied Meter Service, Inc.

340 E. Broad Street

P.O. Box 617

Burlington, N.J. 08016

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.

THIS RESOLUTION WAS REMOVED FROM THE 9/10/08 AGENDA.

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-161

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:

2007 LOSAP Obligation for 33 First Aid Members - $3,300.00

Purchased From:

Lincoln Financial Advisors

395 W. Passaic Street

4^th Floor

Rochelle Park, N.J. 07662-3016

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

Offered By: C/Soden

Seconded By C/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. 2008-162

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:

R. Kirkland – Reimbursement for Fire Expo Conference 7/24 – 7/27/08 - $852.66

Purchased From:

Ralph Kirkland

45 Freehold Road

Manalapan, 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/Carr

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. 2008-163

AUTHORIZING THE MAYOR TO SIGN THE STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION

SANITARY SEWER APPROVAL

ELON ASSOCIATES, LLC

BLOCK 26, LOTS 1 & 7

LASATTA AVENUE, BOROUGH OF ENGLISHTOWN

WHEREAS, Elon Associates filed an application to the NJDEP for sanitary sewer approval, and received NJDEP Treatment Works Approval, dated December 22, 2005; and,

WHEREAS, said NJDEP Treatment Works Approval expired December 20, 2007; and,

WHEREAS, Elon Associates is required to file a new application to renew the said NJDEP Treatment Works Approval; and,

WHEREAS, the application and associated paperwork has been reviewed and approved by the Borough Engineer, Thomas J. Herits PE PP PLS; and

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body, Borough of Englishtown, County of Monmouth, State of New Jersey that the Mayor is hereby authorized to sign the application

BE IT FURTHER RESOLVED, a Certified Copy of the Resolution shall be provided by the Clerk to Elon Associates, the Borough Engineer and Borough Water Superintendent.

Mayor Reynolds requests a motion to Table Resolution No. 2008-163.

Motion to table Resolution No. 2008-163 was offered by C/Carr and seconded by C/Leonardis. Passed unanimously.

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BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-164

AUTHORIZING RELEASE OF PERFORMANCE BOND

BAKER RESIDENTIAL – OXFORD CROSSING PROJECT

WHEREAS, the Borough of Englishtown accepted Performance Bond No. 104462558 for the Baker Residential Oxford Crossing Project, Block 6, Lot 14 in the amount of $414,648.18 dated January 19, 2005; and

WHEREAS, Mr. Anthony Rossi of Baker Residential requested the release of the Performance Bond and has sent via certified mail notice of public hearing to all property owners within 200 feet of the Oxford Crossing Project, as mandated by Borough Ordinance; and

WHEREAS, by letter, dated September 8, 2008, the Borough Engineer recommended the Release of the Performance Bond since all the prior deficiencies have been corrected and are now found satisfactory; and

WHEREAS, the Borough Engineer recommends the posting of a 2 year maintenance bond in the amount of $69,108.03, which was received and dated August 6, 2008, Bond No. 105170255 expiring July 3, 2010; and

WHEREAS, the Borough Engineer also requests through a memo dated September 8, 2008 that all outstanding bills be paid prior to the release of the Performance Bond.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the release of Performance Bond No. 104462558 in the amount of $414,648.18 and the 10% cash portion in the amount of $49,402.42 which includes interest income earned through August 31, 2008 is hereby authorized to be released to Baker Residential and Maintenance Bond No.105170255 in the amount of $69,108.03 is hereby accepted.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that a certified true copy of this Resolution be provided by the Acting Municipal Clerk to Mr. Anthony Rossi of Baker Residential, Borough Engineer and Chief Financial Officer.

THIS RESOLUTION HAS BEEN REMOVED FROM THE 9/10/08 AGENDA.

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2008-165

AUTHORIZING REFUND OF VENDOR FEES TO

FALL FESTIVAL VENDORS

WHEREAS, the Englishtown Fall Festival scheduled for October 18, 2008 must unfortunately be cancelled due to a lack of vendors and volunteer participation; and

WHEREAS, the following vendors have previously paid a vendor fee to participate in the 2008 Fall Festival and due to the cancellation are now due a refund:

Four Boys, Englishtown, N.J. $55.00

Christina Schreiber, Matawan, N.J. $35.00

Kathleen Dauglia-Hulse, Englishtown, N.J. $15.00

Debbie Deans, Manalapan, N.J. $35.00

Pam Wolfe, Freehold, N.J. $35.00

Eileen Flynn, Manalapan, N.J. $35.00

Mad Science of Central Jersey, Toms River, N.J. $35.00

Debbie Oklinchany, Toms River, N.J. $110.00

Bernard Canonigo, Jersey City, N.J. $110.00

Charles Taverner, Belle Mead, N.J. $110.00

Arthur Hablitz, Bradley Beach, N.J. $35.00

Bonnie Brown, Englishtown, N.J. $15.00

Donna Hakker, Monroe Twp, N.J. $35.00

Farrah Barow, Chalfont, PA $35.00

Josh Kleinman, West Berlin, N.J. $110.00

Judy Sokloski, Colonia, N.J. $35.00

Kathy Bien, Englishtown, N.J. $30.00

Rebecca Szabo, Englishtown, N.J. $15.00

Russell Armine, Englishtown, N.J. $30.00

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 above refunds are hereby approved.

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. 2008-166

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 $8,713.93

are hereby authorized to be processed into purchase orders on September 10, 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/Carr

Seconded By C/Simon

Laurie Finger, Borough Administrator

We are removing Requisition #284 and #285 from allied meter and adjusted requisition #280 for $852.66. A revised requisition list will be done tomorrow

Mayor Reynolds request motion to amend Resolution No. 2008-166.

A motion to amend Resolution No. 2008-166 was offered by C/Carr and seconded by C/Cooke.

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. 2008-167

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 $55,137.50

are hereby authorized to be paid on September 10, 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/Soden

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. 2008-168

RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT

FOR IMPROVEMENTS TO DEY STREET

FUNDED BY THE NEW JERSEY

DEPARTMENT OF TRANSPORTATION (NJDOT) TRUST FUND

WHEREAS, Englishtown Borough has received a grant from the NJDOT Trust Fund in the amount of $150,000.00 for the project known as Improvements to Dey Street; and

WHEREAS, the Borough advertised for bids, and received proposals on July 2, 2008 at 11:00 A.M., in the Borough’s offices, for the Project; and

WHEREAS, S. Batata Construction, Inc. was awarded the contract in accordance with their bid per Resolution No. 2008-140 adopted on July 23, 2008.

NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute a contract with S. Batata Construction Inc., South River, New Jersey, in the amount of $158,548.00 the total of the base bid, for the improvements to Dey Street in a form consistent with the language of the bid proposal.

BE IT FURTHER RESOLVED, that the contract was conditioned upon the Borough Attorney’s review and approval of the contract document and NJDOT approval and certification by the Borough’s Chief Financial Officer of the availability of funds for this project, which has all been found satisfactory.

BE IT FURTHER RESOLVED, that the Clerk’s Office is authorized to forward a copy of this Resolution to the Borough Attorney, the Borough Engineer, S. Batata Construction, Inc. and the Borough’s Chief Financial Officer.

Offered By: C/Soden

Seconded By C/Carr

Stuart Moskovitz, Borough Attorney

On July 23^rd the Borough Council rejected bid of low bidder for being unbalanced and accepted bid of second bidder. Tom Herits, Borough Engineer recognized serious unbalancing in bids. Under state law you have 45 days to appeal any decision of the Municipality in court. Those 45 days expired September 7^th. Correspondence was received from bidder number one September 4^th and my reply was sent via fax and mail to the attorney on September 7th. Received a letter asking for a hearing. There is no legal need to have a hearing and my recommendation is to pass Resolution.

Mayor Reynolds asks Stuart Moskovitz, Borough Attorney if the 45 days is to notify us that he has a concern that he was rejected for that reason.

Stuart Moskovitz, Borough Attorney

He has 45 days to file an action in court by September 7^th.

Discussion between Mayor Reynolds, Council and Stuart Moskovitz, Borough Attorney continues.

Mayor Reynolds requests consensus on whether to vote on Resolution No. 2008-168 tonight.

Consensus unanimous to vote on Resolution No. 2008-168.

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. 2008-169

APPOINTMENT OF MUNICIPAL HOUSING LIAISON

WHEREAS, the Governing Body of the Borough of Englishtown petitioned the Council on Affordable Housing (COAH) for substantive certification of its Housing Element and Fair Share Plan; and

WHEREAS, the Borough of Englishtown’s Fair Share Plan promotes an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) and COAH’s Third Round Substantive Rules (N.J.A.C. 5:94-1, et.seq.); and

WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq.; the Borough of Englishtown is required to appoint a Municipal Housing Liaison for the administration of the Borough of Englishtown’s affordable housing program to enforce the requirements of N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et seq; and

WHEREAS, the Borough of Englishtown has added Chapter 1.49 entitled “Municipal Housing Liaison” to provide for the appointment of a Municipal Housing Liaison to administer the Borough of Englishtown’s affordable housing program; and

WHEREAS, the position of Municipal Housing Liaison for the year 2008 is without monetary compensation and will be revisited prior to the 2009 appointment.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, County of Monmouth and State of New Jersey that Celia Hecht is hereby appointed as the Municipal Housing Liaison for the administration of the affordable housing program, pursuant to and in accordance with Chapter 1.49 of the Borough of Englishtown Code, effective September 10, 2008.

BE IF FURTHER RESOLVED, that a certified true copy of this resolution be forwarded to Celia Hecht, Borough Administrator and COAH.

Offered By: C/Carr

Seconded By: C/Leonardis

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

Nays: None

Absent: None

Abstain: None

Tax Collectors Report Month of July, 2008

Taxes, 2008 $442,198.02

Interest $ 253.00

Total Net $442,556.02

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.

Allan Youhanic, Board President of English Club

There have been several complaints to the Police Department from various residents of Englishtown regarding chickens and roosters crowing at 3:00 A.M. and would like to know what can be done.

Mayor Reynolds states we will stay in touch with our Animal Control Officer Mary Klink until this issue is resolved.

Wayne Krawiec, 31 LaSatta Avenue

Would like to know status of pothole situation on Mount Vernon Rd.

Stuart Moskovitz, Borough Attorney

Sent correspondence to Brandy Wine Nursing Home advising them that they are not permitted to discharge water onto the road and cited the Ordinance to them.

C/Simon

Request that Wayne Krawiec talk to Rick Guffanti, Public Works Supervisor and ask him to purchase ¼ ton of ¾ inch cori blend to chase water out until we can get road paved.

Joyce Stipple

· Would like to know if the State mandates that you hire a municipal employee to fill position of Municipal Housing Liaison?

Mayor Reynolds states we do have to hire a municipal employee for the position of Housing Liaison to meet COAH requirements. We will also have to contract an outside service to meet other requirements by COAH.

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

Seconded By: C/Soden

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

Nays: None

Absent: None

Abstain: None

The time being 9:05 P.M.

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

The time being 10:37 P.M.

Adjournment

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

The time being 10:38 P.M.

___November 12, 2008 _____ ________________________

Approved by Governing Body Acting Municipal Clerk