** AGENDA **

May 27, 2009

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. Youth Citizen Awards Presentation

5. Police Recognition Awards Presentation

6. Approval of Minutes - March 11, 2009

7. Committee Reports

8. Correspondence

9. Borough Administrator/CFO Report

10. Discussion Item:

Resolution Proposing the Formation of a Joint Municipal Consolidation Study Commission

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. Old Business:

A. Ordinance No. 2009-08 – Public Hearing & Adoption

Amending Chapter 2.54, Entitled “Municipal Stormwater Control”

13. New Business:

A. Resolution No. 2009-120

Authorizing Tax Collector to Prepare and Mail Estimated Tax Bills

B. Resolution No. 2009-121

Appointment of Rabies Clinic Workers

C. Resolution No. 2009-122

Authorization of Services Over $800 –

Engineer to Complete Applications for 2010 DOT Grant

D. Resolution No. 2009-123

Authorization of Purchases Over $800 – Avaya Telephone Maintenance Contract

E. Resolution No. 2009-124

Authorizing Approval of Department Requisitions

F. Resolution No. 2009-125

Authorizing Payment of Borough Bills

G. Resolution No. 2009-126

Approval to Submit Grant Application and Execute Grant Agreement with the DOT for the Reconstruction of Weamaconk Drive/Victory Drive Project

H. Resolution No. 2009-127

Approval to Submit Grant Application and Execute Grant Agreement with the DOT for the Pedestrian Crosswalk Lighting Systems Project

I. Resolution No. 2009-128

Approval to Submit Grant Application and Execute Grant Agreement with the DOT for the Reconstruction of Curbing & Sidewalk on Railroad/Conover St./Park Ave. Project

J. Resolution No. 2009-129

Approval to Submit Grant Application and Execute Grant Agreement with the DOT for the Reconstruction of Center Street Project

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/Rucker, C/Carr, C/Robilotti, C/Cooke, C/Leonardis

Absent: None

Also present were Christine Robbins, Deputy Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, 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.

Youth Citizen Awards

C/Robilotti and Mayor Reynolds present citizen awards to four youths from Heritage Drive for their “Go Green” ideas and efforts.

Police Recognition Awards

Mayor Reynolds along with Chief Niziolek present proclamations and awards to the following Police Officers:

Sgt. Richard Settele – “Life Saving Award”

Cpl. Michael MacInnes – “Life Saving Award” & “Honorable Service Award”

Ptl. Alex Dinicola, III - “Honorable Service Award”

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of March 11, 2009 was offered by C/Carr and seconded by C/Robilotti. Passed on the following roll call:

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

Nayes: None

Absent: None

Abstain: C/Leonardis

Committee Reports

Public Buildings & Grounds

Councilwoman Leonardis reports:

· DPW has been busy getting Borough ready for Memorial Day Parade

Code Enforcement, Public Health, Welfare & Public Events

Councilwoman Cooke reports:

· Thanks everyone who helped out in making the Memorial Day parade very successful

Administration, Finance & Personnel

Councilwoman Robilotti reports:

· Attended May 18^th meeting of the N.J. Council of Governments. They had 2 presentations; one on fundraising with employee benefits and the other was on an equipment benefit program, which I would like to have Laurie Finger look into. They said to contact them to see if we could benefit.

· The next meeting will be June 23^rd at 6:30 in Manalapan.

· Apologized for not attending the parade – had stomach virus

Public Safety

Councilman Soden reports:

· Police activity report 5/10 – 5/24 including motor vehicle stops was 371.

· Had water pump on car #2 done today.

Legislative, Insurance & Licenses

Councilwoman Carr reports:

· Received notice from the Central Jersey Health Insurance Fund that they will be issuing a dividend of $2 million to be distributed amongst the towns. We received $17,112.73 to be applied to our next installment.

· Spoke to Donna Drewes. She is in contact with the AIA regarding the final report. I also asked her on the status of the tree grant. She will look into it and get back to me.

Public Utilities

Councilman Rucker has nothing to report this evening.

Correspondence

Christine Robbins, Deputy Municipal Clerk reports:

· Flowers planted in front of Borough Hall and down Main Street were donated by a Borough resident who wishes to remain anonymous. Thank you!

· The next scenic byway meeting will be Monday June 29^th at the Monmouth County Planning Board office. Save the date – more information to follow.

· Our garbage company Marpal wanted us to let public know they offer recycling for secure documents destruction. No charge – every Saturday 7 – 11:30 am – 15 Railroad Avenue Farmingdale, N.J.

· Kaleidoscope of Hope Foundation is requesting once again for the Borough to participate in raising ovarian cancer awareness by allowing them to tie teal ribbons around all the trees. Consensus of council unanimous.

Borough Administrator/CFO Report

Laurie Finger reports:

· Received correspondence from Manalapan regarding the co-op for the garbage program. They would like to know if we are interested in joining them along with the school district and fire district in their solid waste and recycling cooperative bid program. I was told once we submit we can’t pull out. They would need our information by June 19^th. I was also told that the Mayor of Manalapan is going out for a bid to “go green” and he is requiring that all the garbage vehicles be NJ Natural Gas vehicles to promote “go green”. They are going out to bid early August and the award would be effective January 1^st.

Attorney Youssouf states in that kind of circumstance you can almost guarantee there will be litigation challenges to the specification by other bidders claiming that its collusive non-competitive bidding. Prefers that the Borough not involve themselves with that condition as a precondition to the bid.

Mayor Reynolds tells Laurie Finger to reach out to Manalapan to let them know our concerns.

Attorney Youssouf asks Laurie Finger to have Manalapan’s attorney send him a copy of what they are proposing for his review.

At this time Attorney Youssouf explains the packet given to Mayor and Council, which is a brief overview of the complex statutory framework for municipalities considering consolidation along with the resolution required. Attorney Youssouf reads resolution aloud and states that in adopting the resolution tonight you are taking the first step towards the formation of a joint municipal consolidation study commission.

Discussion continues between Mayor, Council and Attorney Youssouf.

Mayor Reynolds asks Laurie Finger to contact DCA to see if they can come to the next council meeting to get more information from their end regarding this process and the funding they would provide.

C/Leonardis suggests that in the next tax bills we reach out to the residents to see if we can find anyone that would be interested in joining the consolidation commission. Consensus unanimous.

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/Robilotti. Passed unanimously.

Old Business

BOROUGH OF ENGLISHTOWN PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-08

ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2.54

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “MUNICIPAL STORMWATER CONTROL”

WHEREAS, recent amendments to NJDEP’s stormwater rules (N.J.A.C. 7:8-1.1 et. seq.) require municipal enactment of amendments to stormwater control ordinances; and

NOW, THEREFORE BE IT HEREBY ORDAINED by the Borough Council of the Borough of Englishtown that the following sections be added to Chapter 2.54 of the code of the Borough of Englishtown as follows:

2.54.14 Refuse Containers/Dumpsters

A. Purpose

An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Englishtown and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B. Definitions

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

1. Municipal separate storm sewer system (MS4) – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Borough of Englishtown or other public body, and is designed and used for collecting and conveying stormwater.

2. Person – any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.

3. Refuse container – any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

4. Stormwater – means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

5. Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C. Prohibited Conduct

Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Englishtown.

D. Exceptions to Prohibition

1. Permitted temporary demolition containers

2. Litter receptacles (other than dumpsters or other bulk containers)

3. Individual homeowner trash and recycling containers

4. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit

5. Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)

E. Enforcement

This ordinance shall be enforced by the Police Department and/or Municipal Code Enforcement Officer of the Borough of Englishtown.

F. Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00).

G. Severability

Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase and the finding or holding of any such portion of this ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this ordinance.

H. Effective date

This ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

2.54.15 Private Storm Drain Inlet Retrofitting Ordinance

A. Purpose

An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer(s) operated by the Borough of Englishtown so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B. Definitions

Municipal separate storm sewer system (MS4) – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Englishtown or other public body, and is designed and used for collecting and conveying stormwater.

Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Storm drain inlet – an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C. Prohibited Conduct

No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

Already meets the design standard below to control passage of solid and floatable materials; or
Is retrofitted or replaced to meet the standard in Section V below prior to the completion of the project.

D. Design Standard

Storm drain inlets identified in Section IV above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section V.3 below.

Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

a. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

b. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surface include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

2. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

This standard does not apply:

a. Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

b. Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i. A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

ii. A bar screen having a bar spacing of 0.5 inches.

c. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars; or

d. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

E. Enforcement

This ordinance shall be enforced by the Police Department and/or Municipal Code Enforcement Officer of the Borough of Englishtown.

F. Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) for each storm drain inlet that is not retrofitted to meet the design standard.

G. Severability

H. Effective date

This ordinance shall be in full force and effect from and after its adoption and any publication as may be required by 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/Rucker and seconded by C/Robilotti. Passed unanimously.

Adoption

A motion to adopt Ordinance No.2009-08, above titled, was offered by C/Rucker and

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

Roll Call: Ayes: C/Cooke, C/Robilotti, C/Rucker, C/Soden

Nays: C/Carr, C/Leonardis

Abstain: None

Absent: None

New Business

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-120

RESOLUTION AUTHORIZING THE BOROUGH OF ENGLISHTOWN

TAX COLLECTOR TO PREPARE AND MAIL ESTIMATED TAX BILLS

IN ACCORDANCE WITH P.L. 1994,C.72

WHEREAS, the Borough of Englishtown has applied for Extraordinary Aid and has not been notified as yet, from the State of its award, therefore delaying the adoption of the 2009 Municipal Budget and the Monmouth County Board of Taxation is unable to certify Englishtown’s tax rate at this time and the Englishtown Tax Collector will be unable to mail the Borough’s 2009 tax bills on a timely basis; and

WHEREAS, the Borough of Englishtown Tax Collector in consultation with the Borough’s Chief Financial Officer has computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3, and they have both signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies; and

WHEREAS, in accordance with Chapter 72, P.L. 1994, the Borough Council requests the Director of the Division of Local Government Services to approve the estimated tax levy exceeding 105% listed below. Approval will enable to Borough to meet its financial obligations, maintain the tax collection rate, provide uniformity for tax payments and save the unnecessary cost of interest and borrowing.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey on this 27^th day of May, 2009 as follows:

1. The Englishtown Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Borough for the Third Installment of 2009 taxes. The Tax Collector shall proceed upon approval from the Director and take such actions as are permitted and required by P.L. 1994, C.72 (N.J.S.A. 54:4-66.2 and 54:4-66.3).

2. The entire estimated tax levy for 2009 is hereby set at $4,739,221.20.

3. In accordance with law, the Third Installment of 2009 taxes shall not be subject to interest until the later of August 10, 2009 or the twenty-fifth calendar day after the date the estimated tax bills were mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue.

Offered by: C/Rucker

Seconded by: C/Robilotti

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

Nays: None

Abstain: None

Absent: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-121

APPOINTMENT OF RABIES CLINIC WORKERS

WHEREAS, there is a need within the Borough of Englishtown for the position of Rabies Clinic Worker; and

WHEREAS, it is the wishes of the Governing Body to fill said position.

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

1. Borough Employees, Christine Robbins, Celia Hecht, and Jeanne Keevins are hereby appointed as Rabies Clinic Workers for the Rabies Clinic to be held June 16, 2009.

2. Each Rabies Clinic Worker will be paid $50.00 for said clinic.

BE IT FUTHER RESOLVED that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Christine Robbins, Celia Hecht, and Jeanne Keevins.

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: None

Absent: None

Abstain: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-122

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:

Engineer to Complete (4) Applications for 2010 DOT Grant - $1,000.00

Reconstruction of Weamaconk Drive/Victory Drive
Pedestrian Crosswalk Lighting System on Water St/Main St, Tennent Ave./Main St. Intersections
Reconstruction of Curbing & Sidewalk on Railroad/Conover St and Park Avenue
Reconstruction of Center Street

Services From:

Maser Consulting, P.A.

331 Newman Springs Rd

Suite 203

Red Bank, N.J. 07701

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

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: None

Absent: None

Abstain: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-123

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:

Avaya Telephone Maintenance Contract - $1,560.00

Purchased From:

The Leader Group

810 Mayor Drive

Toms River, N.J. 08753

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.

Mayor Reynolds asks what the current contract expiration date is.

Laurie Finger replies we currently don’t have a contract, it expired November 30, 2008.

Motion to table to the June 10, 2009 council meeting.

Offered By: C/Robilotti

Seconded By C/Soden

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

Nays: None

Abstain: None

Absent: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-124

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 $1,220.35

are hereby authorized to be processed into purchase orders on May 27, 2009.

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/Leonardis

Seconded By: C/Carr

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

Nays: None

Absent: None

Abstain: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-125

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 $411,244.33

are hereby authorized to be paid on May 27, 2009.

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/Rucker

Seconded By: C/Robilotti

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

Nays: None

Absent: None

Abstain: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-126

APPROVAL TO SUBMIT A GRANT APPLICATION

AND EXECUTE A GRANT AGREEMENT WITH THE

NEW JERSEY DEPARTMENT OF TRANSPORATION FOR

THE RECONSTRUCTION OF WEAMACONK DRIVE/VICTORY DRIVE PROJECT

WHEREAS, the FY 2010 New Jersey Transportation Fund Authority Act has provided funds for various municipal improvements; and

WHEREAS, upon recommendation by the Borough Engineer, the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, desires to submit applications to the New Jersey Department of Transportation in an effort to obtain grant funding for needed projects.

NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Englishtown, formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2010-Englishtown Borough-00373 to the New Jersey Department of Transportation on behalf of the Borough of Englishtown.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Englishtown and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

Offered By: C/Rucker

Seconded By: C/Carr

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

Nays: C/Carr, C/Soden

Absent: None

Abstain: C/Leonardis

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-127

APPROVAL TO SUBMIT A GRANT APPLICATION

AND EXECUTE A GRANT AGREEMENT WITH THE

NEW JERSEY DEPARTMENT OF TRANSPORATION FOR

THE PEDESTRIAN CROSSWALK LIGHTING SYSTEM ON WATER STREET/MAIN STREET AND TENNENT AVENUE/MAIN STREET INTERSECTIONS PROJECT

WHEREAS, the FY 2010 New Jersey Transportation Fund Authority Act has provided funds for various municipal improvements; and

NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Englishtown, formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as COP-2010-Englishtown Borough –00030 to the New Jersey Department of Transportation on behalf of the Borough of Englishtown.

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: C/Carr, C/Soden

Abstain: None

Absent: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-128

APPROVAL TO SUBMIT A GRANT APPLICATION

AND EXECUTE A GRANT AGREEMENT WITH THE

NEW JERSEY DEPARTMENT OF TRANSPORATION FOR

THE RECONSTRUCTION OF CURBING AND SIDEWALK ON RAILROAD/

CONOVER STREET AND PARK AVENUE PROJECT

WHEREAS, the FY 2010 New Jersey Transportation Fund Authority Act has provided funds for various municipal improvements; and

NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Englishtown, formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as SST-2010-Englishtown Borough-00051 to the New Jersey Department of Transportation on behalf of the Borough of Englishtown.

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: C/Carr, C/Soden

Abstain: None

Absent: None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2009-129

APPROVAL TO SUBMIT A GRANT APPLICATION

AND EXECUTE A GRANT AGREEMENT WITH THE

NEW JERSEY DEPARTMENT OF TRANSPORATION FOR

THE RECONSTRUCTION OF CENTER STREET PROJECT

WHEREAS, the FY 2010 New Jersey Transportation Fund Authority Act has provided funds for various municipal improvements; and

NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Englishtown, formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2010-Englishtown Borough-00372 to the New Jersey Department of Transportation on behalf of the Borough of Englishtown.

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: C/Carr, C/Soden

Abstain: None

Absent: None

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.

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

Mayor Reynolds calls a five-minute recess at 8:50p.m.

8:55 p.m. – return to public session

Discussion: Water rates

C/Rucker shows comparisons on the current charges from five local water companies. The rates we are proposing are higher than three and lower than two. C/Rucker recommends we go forward with the proposed increases. Consensus unanimous.

Laurie Finger states if we don’t have these rates adopted prior to June 30^th, we can’t use the new rates in the next billing.

At this time Mayor Reynolds adds Ordinance No. 2009-09 First Reading & Introduction to tonight’s agenda.

BOROUGH OF ENGLISHTOWN FIRST READING & INTRODUCTION

ORDINANCE NO. 2009-09

AN ORDINANCE AMENDING WATER RATES

WITHIN THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

NOW, THEREFORE, BE AND IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN AS FOLLOWS:

Section 1.

[Start Actions]

[Amending 2.126.11D Minimum Charge.]

D. Minimum charge. [Amended 4-15-81 by Ord. No. 81-2; Amended 8-4-81; 2-17-82 by Ord. No. 82-2; 10-11-84 by Ord. No. 84-8; 3-14-85 by Ord. No. 85-1, 3-29-88 by Ord. 88-9; and 12-11-91 by Ord. 91-10; Amended 12-29-97 by Ord. No. 97-14; Amended 3-8-00 by Ord. No. 2000-04] The annual water rates effective ~~April 1, 2000~~ June 30, 2009 shall be as follows:

(1) Minimum charge for the first chargeable unit by meter size per quarter for the first ten thousand (10,000) gallons of water:

(a) Five-eighths-inch meter and three fourths-inch meter: ~~Forty dollars ($40.00~~ Fifty dollars ($50.00)

(b) One-inch meter: ~~eighty dollars ($80.00).~~ Ninety Dollars ($90.00)

(d) Two-inch meter ~~Three hundred forty dollars ($340).~~ Three hundred seventy-five ($375.00)

(e) Larger than two (2) inches: by contract.

(2) In addition to the foregoing, and in computing the quarterly minimum charge, there is hereby established and provided a fixed minimum charge of ~~forty dollars ($40.00)~~ Fifty dollars ($50.00) quarter for each unit receiving a supply of water from the borough water system. Each such unit is hereby defined as being each separate store, each separate apartment, each separate office, each separate dwelling, each separate living accommodation and each separate premises used for a single and separate purpose, and to compute the herein minimum charge per quarter there shall be determined and computed the amount of the fixed minimum charge at ~~forty dollars ($40.00)~~ Fifty dollars ($50.00) per unit and the amount of the minimum charge at ~~forty dollars ($40.00)~~ Fifty dollars ($50.00) per unit and the amount of the minimum charge per meter, and whichever amount is greater shall be the minimum quarterly charge.

(3) In addition to the minimum charge as provided, for all water drawn above the minimum used, there shall be charged quarterly the following rates:

(a) Over ten thousand (10,000) gallons: five dollars and fifty-two cents ($5.52) per thousand.

(4) The measurement of water used by a reading of the meter shall be to the nearest one thousand (1,000) gallons.

Section 2. Severability.

Inconsistent Ordinances Repealed. All ordinances or parts thereof or resolutions inconsistent with the provisions of this ordinance are hereby repealed to the extent of their inconsistency.

Section 4. When Effective. This ordinance shall take effect after final approval and publication according to law.

Offered By: C/Rucker

Seconded By: C/Robilotti

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

Nays: None

Absent: None

Abstain:None

Christine Robbins, Deputy Municipal Clerk states the Public Hearing & Adoption on Ordinance No. 2009-09 is scheduled for the June 10, 2009 Council Meeting.

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 litigation, contractual; 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/Leonardis

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

Nays: None

Absent: None

Abstain: None

The time being 9:15 P.M.

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

The time being 9:37P.M.

Adjournment

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

The time being 9:38P.M.

August 12, 2009 ________________________

Approved by Governing Body Deputy Municipal Clerk