*** A G E N D A ***
February 23, 2005
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 – January 4, 2005
5. Committee Reports
6. Correspondence
7. Open Public Portion/Limited to Agenda Items Only
Limited to Five (5) Minutes per citizen to be determined at Borough
Council's discretion. Any and all situations regarding Borough
Personnel, when names are implied or mentioned, are to be brought
to the full attention of the Council through an appointment and
subsequent disclosure through the Personnel Committee.
8. Old Business:
A. Ordinance No. 2005-02 – Public Hearing and Adoption
Chief Financial Officer
B. Ordinance No. 2005-03 – Public Hearing and Adoption
Amending And Supplementing Borough Code Book – Chapter 2.106,
Sewers, Section 2.106.12 – Rates and Charges
C. Ordinance No. 2005-04 – Public Hearing and Adoption
Authorizing Cable Vision Agreement
9. New Business:
D. Ordinance No. 2005-05 – First Reading and Introduction
2005 “Cap” Ordinance To Exceed Index Rate; Index Rate Less Than 3.5% Limitation For The Year 2005 (N.J.S. 40A: 4-45.14)
E. Ordinance No. 2005-06 – First Reading and Introduction
Ordinance Establishing Limits For Salaries of the Employees
of the Borough of Englishtown
Amending and Supplementing Chapter 2.106 (Sewers)
Amending and Supplementing Chapter 2.126 (Water)
H. Resolution No. 2005-055
Authorizing Aerial Spraying/Monmouth County Mosquito Commission
Authorizing Interlocal Agreement With Plumsted Township Tax Collector Services
Authorizing the Borough of Englishtown to Institute and Prosecute Litigation Against the Developers/Surety Company for Deficiencies At The Development Known As “The Manor At Englishtown”
Authorizing Purchases Over $800 – Vacuum Regulator/Kit, W/S Dept.
Authorizing Purchases Over $800 – Salt/Calcium Mix, DPW
Authorizing Emergency Temporary Appropriations
N. Resolution No. 2005-061
Authorizing Payment of Borough Bills
10. Tax Collector’s Report – January 2005
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 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. Executive Session
13. Adjournment
Mayor Reynolds called the meeting to order at 7:32 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Absent: None
Also present were Julie Martin, Municipal Clerk, Lynn Tillman, Deputy Municipal Clerk, and John O. Bennett, 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 Home News 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.
There being no corrections, deletions, or additions, a motion to approve the Minutes of January 4, 2005 was offered by C/Soden and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
C/Rucker states nothing at this time.
C/Palmieri states the Fall Festival will be starting on Main Street this year and leading into Sanford Park. This would also change the festival hours. We are anticipating a 12:00 set up time. The roads would need to be closed from 12:00 –5:00 p.m..
Mayor Reynolds requests a clearance from the Chief regarding roadblocks and also the overtime to be anticipated for 2 officers on special duty.
C/Gallagher states I received budget information from Himanshu Shah, Borough CFO. We will need to schedule another workshop with discussion to include possible four positions: new officer, class I special officer, P/T housing inspector and full time deputy court clerk. Also I received a letter from Panter & Morgan stating there will be a M.O.M. meeting on March 3rd at 8 p.m. at the Freehold Municipal Complex. Lastly, I received a letter from Regina Thomas, Secretary of State informing us of scholarship money that is available for students. They need to be full time college students with 15 credits to be able to apply.
C/Soden states nothing at this time.
C/D’Agostino states nothing at this time.
C/Simon states in the police activity report there were 517 calls and 128 motor vehicle stops.
Julie Martin, Municipal Clerk states no correspondence this evening.
Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.
There being no questions or comments a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
ORDINANCE NO. 2005-02 Public Hearing & Adoption
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 1.10, “CHIEF FINANCIAL OFFICER”,
OF THE “CODE OF THE
BOROUGH OF ENGLISHTOWN, NEW JERSEY”
WHEREAS, the Mayor and Borough Council of the Borough of Englishtown believe that it is in the best interests of the Borough to establish a minimum number of hours each week which the Borough Chief Financial Officer must work; and
WHEREAS, adoption of such regulations will better enable the Borough to operate more efficiently and effectively.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED by Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, as follows:
1. That Section 1.10.01, entitled “Chief Financial Officer: establishment; Certification”, of Chapter 1.10, “Chief Financial Officer”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in the following respects (Additions are underlined):
1.10.01 Chief Financial Officer: establishment; Certification.
There is hereby established the office of Chief Financial Officer in the Borough of Englishtown, who shall be a Certified Municipal Financial Officer pursuant to N.J.S.A. 40A: 9-140.1, et seq., and who shall be appointed for a term and perform the duties as provided by statute or municipal ordinances. The minimum number of hours each week, which the Chief Financial Officer must work, shall be established by the Mayor and Borough Council as deemed necessary for the performance of the duties of Chief Financial Officer. The Chief Financial Officer may hold another office or position in the Borough of Englishtown, and if such is the case shall receive the salary of that office or position; otherwise, the Chief Financial Officer shall receive the salary and compensation as provided in Chapter 37 of the “Code Of the Borough of Englishtown, New Jersey”. Nothing contained herein shall prevent the person who is serving as Chief Financial Officer while at the same time holding another office or position with the Borough for which he is receiving the compensation of that latter office, to receive a stipend or other compensation determined by the Mayor and Borough Council for performing the additional duties of Chief Financial Officer.
2. That the provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged to be invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
3. That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.
4. That this Ordinance shall take effect on final passage and publication in accordance with the law.
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.
Jayne Carr, 8 Main Street asks what are the amendments to this Ordinance?
John Bennett, Borough Attorney states the changes are the minimum hours each week for the CFO position would be established by Mayor and Council as deemed necessary for the performance of the duties of CFO.
C/Palmieri asks why are we not putting in a specific amount of hours into the Ordinance?
John Bennett responds, I didn’t know what they would be. When we know the hours we can do it by Resolution.
Jayne Carr asks how many hours is the CFO currently working?
John Bennett responds, there are no set hours. The CFO receives an annual salary, not an hourly salary. Presently our CFO works full time in another town. He is not available to citizens of Englishtown during the day. The hours that he does put in are outside of business hours. He works Wednesday evening and Saturday morning. This ordinance is not being designed for the existing CFO, rather the future.
Jayne Carr asks, is this Ordinance being put on board to get rid of the existing CFO since he is not available during the day?
John Bennett responds no, however there is a position posted in Borough Hall for a CFO/Business Administrator.
Jayne Carr asks what are the hours and salary for the new position?
Julie Martin, Municipal Clerk responds the posting is for part-time, 20-25 hours per week and there is no set salary at this time.
Discussion on CFO/Business Administrator posting continues between Mayor and Council, John Bennett & Jayne Carr.
There being no further questions or comments from the public, a motion to close the public portion was offered by C/Simon and seconded by C/Soden. Passed unanimously.
Adoption
A motion to adopt Ordinance No. 2005-02, above titled, was offered by C/Soden and seconded by C/Gallagher. Passed on the following roll call:
Offered by: C/Soden
Seconded by: C/Gallagher
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
“An Ordinance Regulating the Use of the Sewer System
in the Borough of Englishtown, in the County of Monmouth
and State of New Jersey, Fixing the Rates to be Charged
Therefore, Establishing Rules and Regulations Concerning
The System Thereof, The use and Protection of said System and Penalties
for the Violations of Said Rules and Regulations”
Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:
Section I. Section 2.106-12 of the Ordinance entitled as above is hereby amended to read as follows:
Section 2.106-12. The annual sewer rates effective February 1, 2005 shall be as follows:
Domestic
Consumer Quarterly Annual
Types of Services Units Charges Charges
Single-Family Dwellings 1 116.25 465.00
Single-Family Dwellings
(with Garbage Disposal) 1-1/4 145.30 581.20
Apartments or Multifamily
Dwellings (Each Unit Charge) 1 116.25 465.00
Single-Family Dwellings
(With Business Use) 2 232.50 930.00
Single-Family Dwelling
(With Medical or Dental
Office) 2-1/2 290.63 1162.52
Service Station 1 116.25 465.00
Service Station (With Car
Wash Facilities) 2 232.50 930.00
Diner; Tavern; Restaurant
(For Each Seating Capacity
of 50 or Part Thereof) 3 348.75 1395.00
Domestic
Consumer Quarterly Annual
Types of Services Units Charges Charges
Swim Club 6 697.50 2790.00
School (For Each 28
Students and Faculty Thereof) 1 116.25 465.00
Churches; Clubs; Non-
Profit Organizations 1 116.25 465.00
Hospitals and Nursing
Homes (For Each 5 Patients
And Staff Facilities) 1 116.25 465.00
Public Buildings 1 116.25 465.00
Supermarkets (For Each
6 Employees) 1 116.25 465.00
BUSINESS (COMMERCIAL)
For Each Commercial Unit
Utilized by a Separate Owner
Or Tenant or for First 4 Fixture
Units or Less 1 116.25 465.00
For Each 2 Additional
Fixture Units or Less
(Whichever of the Above
is Greater) 1 116.25 465.00
Industrial Plants (For
Each 5 Employees) 1 116.25 465.00
Laundromat (For Each
3 Machines) 1 116.25 465.00
Water Plants (For Each
100,000 Gallons
Discharged Per Quarter) 1 116.25 465.00
Section II.
Any Ordinance or part thereof inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency.
Section III.
All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.
Section IV.
This Ordinance shall take effect immediately upon final passage and publication according to law.
Public Hearing
Mayor Reynolds opened the floor to the public for questions or comments on the above
titled ordinance.
Jayne Carr asks what is Ordinance 2005-03?
Julie Martin responds this Ordinance is in regard to an increase from W.M.U.A. of $16.00
a quarter for sewer service that will be passed on to the residents.
There being no further questions or comments from the public, a motion to close the public
portion was offered by C/D’Agostino and seconded by C/Simon. Passed unanimously.
Adoption
A motion to adopt Ordinance No. 2005-03, above titled, was offered by C/Soden and seconded
by C/Simon. Passed on the following roll call:
Offered by: C/Soden
Seconded by: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
ORDINANCE NO. 2005-04 Public Hearing & Adoption
AN ORDINANCE GRANTING MUNICIPAL CONSENT
FOR THE OPERATION OF A CABLE SYSTEM WITHIN
THE BOROUGH OF ENGLISHTOWN, NEW JERSEY
TO CABLEVISION OF MONMOUTH, INC.
WHEREAS, the governing body of the Borough of Englishtown (hereinafter referred to as the “Borough”) determined that Cablevision of Monmouth, Inc., (hereinafter referred to as “the Company” or “Cablevision”) has the technical competence and general fitness to operate a cable system in the Borough, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise for the placement of facilities and the establishment of a cable television system in the Borough; and
WHEREAS, by application for renewal consent filed with the Borough and the Office of Cable Television on or about July 1, 2004, Cablevision has sought a renewal of the franchise; and
WHEREAS, the Borough having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Borough‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and has committed to certain undertakings responsive to the Borough’s future cable-related needs and interests; and
WHEREAS, the governing body of the Borough has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal complies with the requirements set forth below, the Borough’s municipal consent to the renewal of the Franchise should be given.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey, as follows:
SECTION 1. DEFINITIONS
For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:
(a) “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
(b) “Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Borough Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.
(c) “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.
(d) “Borough” shall mean the governing body of the Borough of Englishtown in the County of Monmouth, and the State of New Jersey.
(e) “Company” shall mean Cablevision of Monmouth, Inc. (“Cablevision”) the grantee of rights under this Ordinance.
(f) “FCC” shall mean the Federal Communications Commission.
(g) “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
(h) “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.
(i) “State” shall mean the State of New Jersey.
(j) “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
SECTION 2. STATEMENT OF FINDINGS
A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.
SECTION 3. GRANT OF AUTHORITY
The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system, and for the provision of any communication service over the such system as may be authorized by federal or State regulatory agencies. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
SECTION 4. DURATION OF FRANCHISE
This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.
SECTION 5. EXPIRATION AND SUBSEQUENT RENEWAL
If Cablevision seeks a renewal of the consent provided herein, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations. The Company shall also petition the Board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the Borough and the Board relative to the renewal of said consent.
SECTION 6. FRANCHISE TERRITORY
The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.
SECTION 7. SERVICE AREA
Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence located in the franchise territory at tariffed rates for standard and nonstandard installation.
SECTION 8. FRANCHISE FEE
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Borough, as an annual franchise fee, a sum equal to two (2%) percent of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Borough. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof.
SECTION 9. FREE SERVICE
Cablevision shall, upon request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public elementary and secondary schools and all municipal public libraries, as well as municipal buildings located within the Borough as set forth in Exhibit A to this Ordinance.
Upon written request from the Borough, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Borough, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.
Upon written request from the Borough, the Company shall provide to Englishtown Borough Hall, without charge, the following: (1) one standard installation; (2) one cable modem per installation; and (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company as those policies may exist from time to time.
SECTION 10. CONSTRUCTION/SYSTEM REQUIREMENTS
Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Borough:
(a) In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work, as determined by the Borough’s engineer under the Borough’s generally applicable laws, rules and regulations.
(b) If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at its own expense.
(c) Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same. In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.
(d) During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.
SECTION 11. TECHNICAL AND CUSTOMER SERVICE STANDARDS
Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.
SECTION 12. LOCAL OFFICE OR AGENT
Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.
SECTION 13. DESIGNATION OF COMPLAINT OFFICER
The Office of Cable Television is hereby designated as the complaint officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
SECTION 14. LIABILITY INSURANCE
Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Borough as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.
SECTION 15. PERFORMANCE BOND
Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Ordinance, a bond in form acceptable to the municipality in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.
SECTION 16. RATES
A. The rates of the Company for cable television services shall be subject to regulation to the extent permitted by federal and State law.
B. Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off the monthly rate of the broadcast basic level of cable television reception service to any person sixty-two (62) years of age or older who subscribes to the Company’s cable television service, subject to the following:
(i) Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,
(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,
(iii) The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,
(iv) Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount.
SECTION 17. EMERGENCY USES
Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough pursuant to state and federal requirements. The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein. The Borough shall utilize the state-approved procedures for such emergency uses.
SECTION 18. EQUITABLE TERMS
In the event that another multi-channel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation. Should the Company seek such amendments to its franchise, the parties agree to negotiate in good-faith appropriate changes to the franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.
In any subsequent municipal consent, the Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough’s regulatory authority as those contained in the instant consent. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, the Borough agrees to support the Company’s petition to the Board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company’s petition.
SECTION 19. REMOVAL OF FACILITIES
Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.
SECTION 20. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS
A. Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access as described in the Application for municipal consent.
B. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of providing PEG access programming. In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough’s provision of PEG access programming on such channel.
C. In consideration for the rights granted in this Ordinance, the Company shall provide the Borough with a one-time grant of six thousand four hundred dollars ($6,400.00), payable within twelve (12) months of the issuance of the renewal certificate of approval from the Board, which may be used by the Borough for any cable and/or other technology related purpose as the Borough, in its discretion, may deem appropriate.
SECTION 21. INCORPORATION OF APPLICATION
All of the commitments contained in the Application and any amendment thereto submitted in writing to the Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.
SECTION 22. CONSISTENCY WITH APPLICABLE LAWS
This consent shall be construed in a manner consistent with all applicable federal, State and local laws.
SECTION 23. SEPARABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
SECTION 24. EFFECTIVE DATE
This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.
BE IT FURTHER ORDAINED that this Ordinance shall take effect upon the passage, and publication as required by law.
John Bennett, Borough Attorney states my office was in contact with the Board of Public Utilities (B.P.U.) today because B.P.U. had not sent the approval for our ordinance. We then contacted Cablevision who suggested we table the public hearing until the March 9th Council Meeting. Mr. Collari of Cablevision will be available to answer any question the public may have during that meeting. The only thing I will need to know the answer to is if we would like to have a free hook-up in the Municipal Building.
Julie Martin, Municipal Clerk states I spoke to C/Rucker and Mayor Reynolds today, and it was agreed that we would get a general hook-up here in the meeting room.
A motion to table the above title Ordinance to March 9, 2005, was offered by C/Soden and seconded by C/Gallagher. Passed unanimously.
/////// TABLED \\\\\\\
John Bennett states for the record, there will be no further advertising for the Cablevision Hearing. If you cannot be here on March 9th, submit your comments in writing and they will be read into the record.
2005 “Cap” Ordinance To Exceed Index Rate;
Index Rate Less Than 3.5% Limitation For
The Year 2005 (N.J.S.A. 40A:4-45.14)
Whereas, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 3.5% or the index rate, whichever is less, over the previous year's final appropriations, subject to certain exceptions; and
Whereas, P.L. 1986, c.203 amended the Local Government Cap Law, to provide that a municipality may, in any year in which the index rate is less than 3.5%, increase its final appropriations by a percentage rate greater than the index rate but not to exceed the 3.5% rate as defined in the Amendatory Law, when authorized by Ordinance; and
Whereas, the index rate for 2005 has been certified by the director of the Division Of Local Government Services in the Department of Community Affairs as 2.5%; and
Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth finds it advisable and necessary to increase its 2005 budget by more than 2.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
Whereas, the Governing Body hereby determines that a 3.5% increase in the budget for said year, amounting to $32,140.99 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and
Now Therefore, Be It Ordained, the Governing Body of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this Governing Body affirmatively concurring, that, in the 2005 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this Ordinance and P.L. 1986, c203, be increased by 3.5%, amounting to $32,140.99, and that the 2005 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this Ordinance; and
Be It Further Ordained, that a certified copy of this Ordinance as introduced be filed wit the director of the Division of Local Government Services within five (5) days of introduction; and
Be It Further Ordained, that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon; be filed with said director within five (5) days after such adoption.
A motion to introduce the above titled Ordinance was offered by C/Simon, seconded by C/D’Agostino. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
John Bennett, Borough Attorney states Second Reading, Public Hearing and Adoption of Ordinance No. 2005-05 will be held at the next council meeting at Borough Hall on March 9, 2005 at 7:30 p.m.
ORDINANCE NO. 2005-06 First Reading & Introduction
Ordinance Establishing Limits For Salaries
Of The Employees Of The Borough of Englishtown,
County of Monmouth, State of New Jersey
Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:
Ordinance number 2004-07 is hereby amended/supplemented:
Section I: The annual salary ranges are 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.
MINIMUM MAXIMUM
DEPUTY COURT CLERK $ 500.00 $28,000.00
BUSINESS ADMINISTRATOR $15,000.00 $41,000.00
Section II: Salaries shall be set forth by Resolution of Mayor and Council within the
aforementioned salary guidelines.
Section III: Payment of salaries shall be in equal bi-weekly, monthly, quarterly or other
installments as the Mayor and Council may from time to time resolve.
Section IV: All ordinances or parts of ordinances inconsistent with this ordinance are
hereby repealed.
Section V: This ordinance shall take effect upon its passage and publication according
to law.
A motion to introduce the above titled ordinance was offered by C/Soden, seconded by C/Simon.
Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Absent: None
Abstain: None
John Bennett, Borough Attorney states Second Reading, Public Hearing and Adoption of Ordinance No. 2005-06 will be held at the next council meeting at Borough Hall on March 9, 2005 at 7:30 p.m.
ORDINANCE NO. 2005-07 First Reading & Introduction
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 March 13, 2005, be charged a connection fee of $886.00 (eight hundred eighty-six) 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/Soden, seconded by C/Simon.
Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
John Bennett, Borough Attorney states Second Reading, Public Hearing and Adoption of Ordinance No. 2005-07 will be held at the next council meeting at Borough Hall on March 9, 2005 at 7:30 p.m.
ORDINANCE NO. 2005-08 First Reading & Introduction
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. [Amended 3/14/85, Ord. 85-4; 2/25/87, Ord. 87-02]
(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:
$2,731.00 (two thousand, seven hundred and thirty-one dollars) per E.D.U.
Type of Service E.D.U.’s
Single-family dwellings 1
Single-family dwellings
(with garbage disposal) 1-1/4
Apartments or multi-family
Dwellings (each unit charge) 1
Single-family dwelling
(with business use) 2
Single-family dwelling
(with medical or dental office) 2-1/2
Service station 1
Service station
(with car wash facilities) 2
Diner; tavern; restaurant
(for each seating capacity of
50 or part thereof) 3
Swim club 6
Schools 1
(for each 28 student
and faculty thereof)
Churches; clubs;
Nonprofit organizations: 1
Hospitals and nursing homes
(for each 5 patients and
staff facilities) 1
Public buildings 1
Supermarkets
(for each 6 employees) 1
Business (Commercial)
Type of Service E.D.U.’s
For each commercial unit utilized by a separate
owner or tenant or for first 4 fixture unite or less 1
For each 2 additional fixture units or less
(whichever of the above is greater) 1
Industrial plants
(for each 5 employees) 1
Laundromat
(for each 3 machines) 1
Water plants
(for each 100,000 gallons discharged per quarter) 1
Or, as specified by the D.E.P.
(2) No new service shall be installed under the size of one (1) inch tap.
(3) Any cost incurred by the Borough on installations from the main to the curb stop shall be borne by the applicant.
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/Soden, seconded by C/Simon.
Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: None
John Bennett, Borough Attorney states Second Reading, Public Hearing and Adoption of Ordinance No. 2005-08 will be held at the next council meeting at Borough Hall on March 9, 2005 at 7:30 p.m.
Borough of Englishtown
Resolution No. 2005-055
Authorization Allowing Aerial Spraying Of Pesticides By
Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Englishtown; and
Whereas, we understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.
Now, Therefore, Be It Resolved it is further understood that the areas being treated are only those found to have a significantly high mosquito population and may present either a public health nuisance or disease factor.
Be It Further Resolved by the Mayor and Council of the Borough of Englishtown that this approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.
Offered By: C/Soden
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri
Nays: C/Rucker
Abstain: None
Absent: None
Borough of Englishtown
Resolution No. 2005-056
Resolution Authorizing An Interlocal Agreement With
Plumsted Township To Provide For Tax Co